2000-03 LQ City Employee's Association MOUMEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is made and entered into by and between
the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES'
ASSOCIATION ("Association")
WHEREAS, the City and the Association have met and conferred in good faith with
respect to the wages, hours, and terms and conditions of employment of City employees and all
other subjects within the scope of bargaining under the Meyers-Milias-Brown Act (Government
Code Section 3500, et seq.). and have reached an agreement that they wish to set forth in writing
in the form of this MOU:
NOW, THEREFORE, the City and the Association agree as follows:
SECTION 1: TERM.
This MOU shall take effect on July 1, 2000, and shall remain in effect through and
including June 30, 2003.
SECTION 2: SALARY AND SALARY SURVEY.
A. Fiscal Year 2000-01.
The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit 1 and by
this reference made a part hereof, shall. be in effect during the first year (July 1. 2000 through
June 30, 2001) of this MOU. The Schedule set forth on Exhibit 1 provides a 3.00% cost -of -
living increase retroactive to July 1, 2000 to all salary ranges for those employees employed as
of the date of approval of this MOU by both parties.
B. Fiscal Year 2001-02 and 2002-03.
For Fiscal Year 2001-02, the Schedule set forth on Exhibit 1 shall be increased by the
Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles -
397/015610-0005
122560.01 PM00
Riverside - Orange County area (hereinafter CPI") as measured from April 2000 to April 2001.
effective July 1, 2001. However. in no case shall the amount of the salary increase be less than
two percent (2%) or greater than five percent (5%). For Fiscal Year 2002-03, the salary schedule
established for Fiscal Year 2001-02 shall again be adjusted by the CPI as measured from April
2001 to April 2002, effective July 1. 2002, but in no instance shall the salary increase be less
than two percent (2%) or more than five percent (5%).
C. Salary and Benefit Survey.
City and Association agree to engage in a salary and benefits survey of fifteen (15)
selected cities within fourteen (14) days of approval of this MOU by both parties. The list of
fifteen (15) cities and the form of the salary and benefits survey is attached hereto as Exhibit 2
and incorporated herein by reference. City and Association agree to meet and confer on the
results of the salary and benefits survey within thirty (30) days after receipt of all or substantially
all of the responses from the fifteen (15) selected cities, but no increase in salary that may be
agreed upon shall be effective prior to July 1, 2001.
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
A. Fiscal Year 2000-01.
During the first year (July 1, 2000 through June 30, 2001) of this MOU, the City and its
employees shall contribute the following amounts per month toward insurance coverage:
Group Medical, Dental, City Employee
Vision and Life Insurance Contribution Contribution
Employee only
Employee plus Dependent(s)
$353.03 - 0 -
$806.68 $51.76
397ro 15610-0005
122560.01 PM00 -2-
B. Fiscal Year 2001-02 and Thereafter.
Effective July 1, 2001, City will pay a flat amount of up to $800 per month for the actual
cost of medical, dental. vision and life insurance coverage. If the insurance package selected by
any employee is greater than $800 per month, then the excess shall be at the employee's expense.
The difference between $800 per month and the actual cost of the insurance package for any
employee which is less than $800 per month shall remain with the City.
C. City/Association Insurance Review Committee.
Effective with the approval of this MOU by both parties, City and Association shall each
designate two (2) persons to serve on an Insurance Review Committee in order to make a
recommendation to City and Association for replacement insurance coverage, to be effective
July 1, 2001. This Committee will meet regularly, hold informational meetings for employees if
necessary, and make a recommendation to City and Association no later than April 1, 2001.
D. Contributions.
The employee contribution for insurance coverage shall be paid by payroll deduction as a
condition of enrollment and continuous insurance coverage. The benefits, terms and conditions
of coverage shall be governed by the formal plan documents.
SECTION 4: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the
City's Personnel Rules. The total of such reimbursement for all employees shall not exceed
$5,000 during each year of this MOU.
SECTION 5: MANAGEMENT RIGHTS.
Except as limited by the terms of this Memorandum, the City retains sole and exclusive
right to manage its operations and direct its work force using any or all of the powers and
3971015610-0005
122560.01 PM00 -3-
authority previously exercised or possessed by the City or traditionally reserved to management.
including but not limited to the right to determine its organization and the kinds and levels of
services to be provided; to direct the work of its employees; to assign work from one
classification of employees to another, including work currently performed by employees in the
classifications covered by this Memorandum; to establish work standards and levels of required
performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of
those required by this Memorandum; to select, modify, alter, abandon, or modernize methods of
conducting its operations; to build, move, modify, close, or modernize facilities, machinery,
processes, and equipment; to establish budgetary procedures and allocations. to determine
methods of raising revenues; to sublet and subcontract work except work currently performed by
City employees; to take all necessary action in the event of an emergency; to establish and
amend rules of conduct and to impose discipline and discharge; to establish and amend rules for
safety and health; to select, hire. classify, reclassify, assign, evaluate. transfer, promote, demote,
upgrade, downgrade. reprimand, discipline, suspend, discharge, lay off, and rehire employees; to
determine job content and to create, combine or modify job classifications and rates or classes of
pay; and to exercise all other customary powers and authority of management, regardless of
whether the City has exercised such power previously. Nothing in this provision shall be
construed to restrict grievances concerning any part of this MOU. In the event of an emergency,
the City may amend, modify or rescind any provision of the MOU. Such amendment,
modification or rescission shall remain in force only for the period of the emergency. The City
shall have the sole and complete discretion to declare that an emergency exists for the purposes
of this Section.
3971015610-0005
122560.01 PM00 -4-
SECTION 6: NON-DISCRIMINATION.
All personnel decisions and actions, including but not limited to appointments.
promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race,
color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability,
medical condition, sexual orientation, or any other unlawful consideration. Further, the. City
shall not discriminate against any employee based upon his/her activity on behalf of his/her
membership in any employee association or group.
SECTION 7: HOURS.
Employee hours of work shall be as stated in the City's Personnel Policies unless
superseded as provided herein.
SECTION 8: HOLIDAYS.
City -paid holidays shall be as provided in the City's Personnel Policies unless superseded
as provided herein.
SECTION 9: VACATION.
9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies
unless superseded as provided herein.
9.2 Buy-back. Vacation buy-back shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
SECTION 10: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded
as provided herein.
397/015610.0005
122560.01 PM00 -5-
SECTION 11: PERSONNEL POLICY AND JOB DESCRIPTION AMENDMENTS.
The City and Association have agreed to modify certain portions of the City's Personnel
Policies as set forth on Exhibit 3 attached hereto and by this reference made a part hereof, to
become effective upon the date of execution of this Agreement by the last party to ratify it.
Additionally, the parties have agreed to the salary range for the job description attached hereto as
Exhibit 4 for the position of Recreation Coordinator.
SECTION 12: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program (Program) as set forth on
Exhibit 5 and by this reference made a part hereof, and to fund the Program in the amount of
$29,750 for each Fiscal Year during the term of this MOU. Any employee who has participated
in the Program and has paid his/her loan in full may participate again if there is money available
after those employees who have not previously participated have been funded.
SECTION 13: SOLE AND ENTIRE AGREEMENT.
It is the intent of the parties hereto that the provisions of this MOU shall supersede all
prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary
and/or personnel rules and regulations, administrative codes, provisions of the City (other than
the Municipal Code), whether oral or written, expressed or implied, between the parties, and
shall govern the entire relationship and be the sole source of any and all rights which may be
asserted hereunder. This MOU is not intended to conflict with federal or state law, The
Association and the City agree that all personnel rules not specifically included herein shall be
incorporated herein by this reference. The City reserves the right to add to, modify or delete
from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act.
397/015610-0005
122560 01 PM00 -6-
SECTION 14: WAIVER OF BARGAINING DURING TERM OF THIS
AGREEMENT.
During the term of this MOU, the Association agrees that it will not seek to negotiate or
bargain with respect to wages, hours and terms and conditions of employment, whether or not
covered by this MOU or in the negotiations preceding execution of this MOU, except as required
by specific provisions of this MOU. Despite the terms of this waiver, the parties may. by mutual
agreement, agree in writing to meet and confer concerning any matter during the term of this
MOU.
This Memorandum is hereby executed by the parties hereto as set forth below.
DATED:.2000
DATED: 2000
CITY OF LA QUINTA
Mayor
LA OUrNTA CITY EMPLOYEES'
AS IATi
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397/015610.0005
122560.01 PM00 -7-
CITY OF LA QUINTA
SCHEDULE OF SALARY RANGES
FY 00/01
EXHIBIT 1
MONTHLY
BASE
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
30
1,826.22
1,917.53
2,013.41
2,114.08
2,219.78
31
1,871.88
1,965.47
2,063.74
2,166.93
2,275.28
32
1,917.53
2,013.41
2,114.08
2,219.78
2,330.77
33
1,965.47
2,063.74
2,166.93
2,275.28
2,389.04
34
2,013.41
2,114.08
2,219.78
2,330.77
2,447.31
35
2,063.74
2,166.93
2,275.28
2,389.04
2,508.49
36
2,114.08
2,219.78
2,330.77
2,447.31
2,569.68
37
2,166.93
2,275.28
2,389.04
2,508.49
2,633.92
38
2,219.78
2,330.77
2,447.31
2,569.68
2,698.16
39
2,275.28
2,389.04
2,508.49
2,633.92
2,765.61
40
2,330.77
2,447.31
2,569.68
2,698.16
2,833.07
41
2,389.04
2,508.49
2,633.92
2,765.61
2,903.89
42
2,447.31
2,569.68
2,698.16
2,833.07
2,974.72
43
2,508.49
2,633.92
2,765.61
2,903.89
3,049.09
44
2,569.68
2,698.16
2,833.07
2,974.72
3,123.46
45
2,633.92
2,765.61
2,903.89
3,049.09
3,201.54
46
2;698.16
2,833.07
2,974.72
3,123.46
3,279.63
47
2,765.61
2,903.89
3,049.09
3,201.54
3,361.62
48
2,833.07
2,974.72
3,123.46
3,279.63
3,443.61
49
2,903.89
3,049.09
3,201.54
3,361.62
3,529.70
50
2,974.72
3,123.46
3,279.63
3,443.61
3,615.79
51
3,049.09
3,201.54
3,361.62
3,529.70
3,706.19
52
3,123.46
3,279.63
3,443.61
3,615.79
3,796.58
53
3,201.54
3,361.62
3,529.70
3,706.19
3,891.50
54
3,279.63
3,443.61
3,615.79
3,796.58
3,986.41
55
3,361.62
3,529.70
3,706.19
3,891.50
4,086.07
56
3,443.61
3,615.79
3,796.58
3,986.41
4,185.73
57
3,529.70
3,706.19
3,891.50
4,086.07
4,290.38
58
3,615.79
3,796.58
3,986.41
4,185.73
4,395.02
59
3,706.19
3,891.50
4,086.07
4,290.38
4,504.89
60
3,796.58
3,986.41
4,185.73
4,395.02
4,614.77
61
3,891.50
4,086.07
4,290.38
4,504.89
4,730.14
62
3,986.41
4,185.73
4,395.02
4,614.77
4,845.51
63
4,086.07
4,290.38
4,504.89
4,730.14
4,966.65
64
4,185.73
4,395.02
4,614.77
4,845.51
5,087.78
65
4,290.38
4,504.89
4,730.14
4,966.65
5,214.98
66
4,395.02
4,614.77
4,845.51
5,087.78
5,342.17
67
4,504.89
4,730.14
4,966.65
5,214.98
5,475.73
68
4,614.77
4,845.51
5,087.78
5,342.17
5,609.28
69
4,730.14
4,966.65
5,214.98
5,475.73
5,749.51
70
4,845.51
5,087.78
5,342.17
5,609.28
5,889.74
71
4,966.65
5,214.98
5,475.73
5,749.51
6,036.99
72
5,087.78
5,342.17
5,609.28
5,889.74
6,184.23
73
5,214.98
5,475.73
5,749.51
6,036.99
6,338.84
74
5,342.17
5,609.28
5,889.74
6,184.23
6,493.44
75
5,475.73
5,749.51
6,036.99
6,338.84
6,655.78
76
5,609.28
5,889.74
6,184.23
6,493.44
6,818.12
77
5,749.51
6,036.99
6,338.84
6,655.78
6,988.57
78
5,889.74
6,184.23
6,493.44
6,818.12
7,159.02
79
6,036.99
6,338.84
6,655.78
6,988.57
7,338.00
80
6,184.23
6,493.44
6,818.12
7,159.02
7,516.97
EXHIBIT 2
CITY OF LA QUINTA SALARY AND BENEFITS SURVEY
, 2000
TO:
CITY OF
STREET ADDRESS
CITY/ZIP CODE
The City of La Quinta (City) and the La Quinta City Employees Association (LQCEA)
have agreed to conduct a salary and benefit survey The parties have agreed upon surveying 15
cities in Riverside County, including your city. The City and LQCEA would greatly appreciate
your cooperation in completing the survey and returning it to John Ruiz at the City of La Quinta
by , 2000. You will be provided a copy of the results of the survey if you so
desire. Thank you for your expected cooperation and if you have any questions, please feel free
to contact John Ruiz at (760) 777-7092.
BASELINE INFORMATION
1. Expiration date of current MOU with General Workers:
2. Are the salaries identified in this survey subject to a known increase during the term of
the MOU? If so, percent increase: %, effective
3. Number of non-management/confidential, non -safety Full Time Employees (35
hours/week or more):
4. Number of non-management/confidential, non -safety Part Time Employees (less than
35 hours/week):
5. Do you provide longevity pay? Yes No If yes, what dollar amount or
percent of base salary is provided and after how many years of experience?
6. How many paid holidays are provided to represented employees, other than
management. confidential or safety employees, each calendar year?
7. How many "floating holiday", personal days off, or similar days are provided to
represented employees, other than management, confidential or safety employees, per calendar
year?
397.1015610-0005
110207.01 a08/25/00
8. How many sick days/hours are provided to represented employees, other than
management or safety employees, each calendar year? days, or hours. If the
amount varies by years of service, please explain.
9. How many vacation days do represented employees, other than management,
confidential and safety employees receive each calendar year? If the amount varies by years of
service, please explain.
14. How many steps are in your salary schedule? Is there a set percentage
difference between each step? Yes _ No _ If yes, what is the percent difference? %
SALARYSURVEY
Attached you will find a matrix showing the job titles of positions within the City of La
Quinta which are represented by LQCEA. Please complete the information for each of your
most comparable positions. If there is no comparable position, please indicate with a "N/A". To
assist you in determining comparable positions, we have included a brief description of the major
job duties for each of the City of La Quinta positions.
If you have any questions or need clarification of any position, please contact John Ruiz
at the City of La Quinta; (760) 777-7092.
BENEFIT SURVEY
Following the Salary Survey, you will find a matrix related to health and related benefits
that may be applicable to the represented employees in your bargaining unit(s), which would be
most similar to LQCEA in terms of the represented positions . If a particular benefit is not
provided, please indicate "N/A".
Again, if you have any questions or need clarification as to any benefit, please contact
John Ruiz at the City of La Quinta.
Name of your contact person:
Telephone No.
Please check here if you would like a copy of the final results of the survey
THANK YOU VERY MUCH FOR YOUR COOPERATION AND ASSISTANCE!
397/015610-0005
110207.01 a08/25/00 -2-
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City:
1.
2.
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n
5.
HEALTH PLAN FEATURES
Name of provider
How long has the City been with this same plan?
Is the City's Health Plan
_HMO _PPO _Employee Choice _Other (Explain)
Amount of annual deductible paid by employee:
For self. For dependents:
Percentage of services rendered that are covered
Using doctor under plan % Doctor outside plan %
DENTAL PLAN FEATURES
1. Name of provider
2. How long has the City been with this same plan?
3. Is the City's Dental Plan
_HMO _PPO _Employee Choice _Other (Explain)
4. Amount of annual deductible paid by employee:
For self: For dependents:
5. Percentage of services rendered that are covered
Using doctor under plan % Doctor outside plan %
6. Maximum annual amount paid under the plan
For self. For dependents:
7. Are orthodontics covered by the plan? _ Maximum amount $
3971015610-0005
110403.01 a08125/00
LIFE INSURANCE FEATURES
1. Maximum amount of coverage $
2. Is this term insurance? Yes No
MISCELLANEOUS
1. Does your city offer a "cafeteria plan" option for benefits? Yes No
If yes, what is the monthly amount? $ What benefits does this amount cover?
Is there a minimum amount to be spent on health insurance? Yes No
If yes, what is the monthly amount? $
2. Does your city contribute to a deferred compensation plan? _Yes No
If yes, what is the monthly amount? $
397/015610-0005
110403.01 a08/25100 -2-
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SIDE LETTER AGREEMENT BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION
As a result of the meet and confer process which took place between the City of La
Quinta (City) and the La Quinta City Employees Association (Association) with regard to a
successor Memorandum of Understanding (MOU) to replace the MOU which expired on June
30, 2000, City and Association agreed to implement an Employee Training and Resources
Committee (Committee) through a side letter agreement. The City and Association now agree as
follows:
1. The Committee is hereby established, and shall consist of equal'numbers of
management and represented employees, with the exact number to be determined by the parties,
but not to exceed six (6) total members.
2. The purpose of the Committee shall be to review training options, opportunities,
resources and costs related to providing represented employees with the ability to learn or
improve job skills related to their specific job classifications.
3. The Committee shall meet at times and locations as are mutually agreed upon, and
shall ultimately make recommendations to the City Manager for consideration of inclusion in the
budgetary process.
4. The Committee shall remain in effect through June 30, 2001, at which time the parties
may mutually agree to continue the Committee's duties for a longer period of time if both parties
feel doing so would be worthwhile.
Date: 4er .2000
a
Date: r7.2000
TA QU TA ClT EMPLOYEES
SO A
Iv
397/015610-0005
122850.01 PM00
b. Involves receipt or acceptance by an employee of any money or other consideration
from anyone other than the City for the performance of an act which the employee, if
not performing such act, would be required or expected to render in the regular
course of his or her City employment or as part of his or her duties as a City
employee;
C. Involves the performance of an act in other than his or her capacity as a City
employee, which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement by such employee or the department by
which he or she is employed.
d. Involves conditions or factors which would probably, directly or indirectly lessen the
efficiency of the employee in his or her regular City employment or conditions in
which there is a substantial danger of injury or illness to the employee.
Use of City Equipment Prohibited
a. No City -owned equipment, autos, trucks, instruments, tools, supplies,machines, or
any other item which is the property of the City shall be used by an employee while
said employee is engaged in any outside employment or activity for compensation, or
otherwise, except upon prior written approval of the Employee Relations Officer.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of the
items mentioned in (a) above, except upon prior written approval of the Employee
Relations Officer.
Violations and Penalties
a. Any violation of the provisions herein contained respecting outside employment or
activity and use of City property shall constitute sufficient grounds for disciplinary
action, up to and including dismissal.
1.50 POLITICAL ACTIVITIES: No employee shall engage in political activity during
working hours (excluding break time) or on City premises where such activity would disrupt the
workplace. No employee shall engage in any type of activity relating to an employee
organization during such time an employee is on duty, except as expressly permitted by the City
Manager, Federal or State law, Memorandum of Understanding, or City Council directive.
1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws,
Policies, and regulations. All employees shall follow safety practices, use personal protective
equipment as required and provided by the City, render every possible aid to safe operations, and
report to the supervisor, department director or safety committee all unsafe conditions or
practices.
Employees with questions about safety methods or practices, should check with their supervisor.
1.60 VEHICLE AND SEATBELT POLICY: City and Association agree that the three (3)
individuals employed by City as Building Inspectors shall continue receiving the car allowance
397/015610.0005
122106.01 AM00
they are currently receiving in the amount of $320 per month so long as they remain
continuously employed in that position. Any individual hired as a replacement for one of the
three current Building Inspectors shall not receive a car allowance but will be eligible to use a
City pool vehicle. If required to use a personal vehicle, an employee shall be reimbursed at the
then current IRS rate, which is currently $0.325 per mile.
All employees who are currently assigned a City vehicle for their job duties will continue to be
provided access to a vehicle for Fiscal Years 1998/99 and 1999/2000. In addition, a vehicle pool
will be established in Fiscal Year 1998/99 for use by employees to conduct City business. Pool
vehicles will be made available on a first -come, first -served basis. The pool will be administered
by the Finance Department. An employee must check with the Finance Department prior to
using his/her own vehicle on City business. If there is no pool vehicle available, and the
employee cannot wait for one to become available, the employee may use his/her personal
vehicle and be reimbursed at the current rate. Effective November 1, 2000, Foremen will no
longer take City vehicles home on a daily basis. Instead, the City will consider a scheduled
standby program, and will authorize Foremen to take a City vehicle home when on scheduled
standby. When on scheduled standby, Foremen shall be paid standby pay pursuant to Section
14.35.6.
City shall make City pool vehicles available on a priority basis for those employees who are
required to travel off paved roads on City business. If a pool vehicle is not available, and the
employee must use his/her personal vehicle to travel off paved roads, the employee shall not be
required to travel off paved roads if he/she reasonably believes that to do so would cause damage
(other than normal wear and tear) to the vehicle. The employee shall inform his/her supervisor
of such concerns, and the supervisor shall give alternate instructions.
Employees required to use their own vehicle for City business and who receive either a monthly
allowance or mileage reimbursement therefor are required to provide proof of a valid California
drivers' license and of vehicle insurance for both liability and property damage. The City
requires a copy of the drivers' license at the time of hire and at the time of each required renewal.
The Personnel Office maintains these records and is responsible for notifying employees when
their license needs to be renewed.
An employee who loses his/her license or has his/her license restricted so as to prevent driving
on City business is responsible for notifying the Employee Relations Officer immediately. The
City has an agreement with the Department of Motor Vehicles (DMV) wherein the DMV notifies
the City when an employee's license is restricted or revoked. If the DMV notifies the City prior
to receiving notification by the employee, disciplinary action may result.
Proof of insurance must be shown at the time of hire and annually by those employees who drive
their own vehicles on City business. Policy limits are determined by the employee, but must
meet minimum state standards. If an employee has an automobile accident while on City
business, the employee's insurance policy shall be provide primary coverage for both liability
and property damage. If there is no insurance policy in place, the employee shall be personally
responsible. The car allowance or mileage reimbursement paid by the City is calculated to cover
the cost of insurance purchased by the employee. No employee who has not been required to use
his/her vehicle for City business shall be required to provide proof of insurance.
-10-
SURVEY CITIES
City of Cathedral City
City of Coachella
City of Desert Hot Springs
City of Indian Wells
City of Indio
City of Palm Desert
City of Palm Springs
City of Rancho Mirage
City of Banning
City of Hemet
City of Lake Elsinore
City of Murrieta
City of Norco
City of Perris
City of Temecula
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
RECITALS
A. The La Quinta City Employees Association (Association) and the City of La
Quinta entered into a Memorandum of Understanding (MOU) for the period of July 1,
2000 through June 30, 2003.
B. A First Amendment to the MOU was approved on June 5, 2001, which
extended the Insurance Review Committee (Committee) through fiscal year
2001-2002 for the purposes of reviewing alternative health insurance plans.
The Committee has presented the City Council with a recommendation to
participate in the CaIPERS Health Plan beginning July 1, 2002.
NOW THEREFORE, it is agreed by and between the City and the Association as
follows:
1. Effective July 1, 2002', the City's health insurance plan shall be through the
CalPERS Health Plan.
2. This Second Amendment to the MOU is subject to approval by the City
Council prior to being effective.
3. Except as modified herein, and by the First Amendment, the MOU remains
in full force and effect.
LA WINTA CITY EMPLOYEES
ASSOCIATION
Date: , 2002 Date: , 2002
RESOLUTION NO. 2002-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT AND FIXING THE EMPLOYER'S
CONTRIBUTION AT AN AMOUNT EQUAL TO OR GREATER THAN THAT
PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT CODE
WHEREAS, Government Code Section 22850 provides the benefits of the Public
Employees' Medical and Hospital Care Act to employees of local agencies contracting
with the Public Employees' Retirement System on proper application by a local agency;
and
WHEREAS, Section 22825.6 of the Act provides that a local contracting agency
shall fix the amount of the employer's contribution; and
WHEREAS, City of La Quinta, hereinafter referred to as Public Agency, is a local
agency contracting with the Public Employees' Retirement System; and
WHEREAS,the Public Agency desires to obtain for its employees and annuitants
the benefit of the Act and to accept the liabilities and obligations of an employer under
the Act and Regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
That the Public Agency elect, and it does hereby elect, to be subject to the
provisions of the Act; and
BE IT FURTHER RESOLVED that the employer's contribution for each employee
or annuitant shall be the amount necessary to pay the full cost of his/her enrollment,
including the enrollment of family members, in a health benefits plan or plans up to a
maximum of $16 dollars per month plus administrative fees and Contingency Reserve
Fund assessments; and
BE IT FURTHER RESOLVED that the executive body appoint and direct, and it
does hereby appoint and direct, Personnel/Risk Manager to file with the Board of
Administration of the Public Employees' Retirement System a verified copy of this
Resolution, and to perform on behalf of said Public Agency all functions required of it
under the Act and Regulations of the Board of Administration; and
Resolution No. 2002-45
CalPERS Health Plan (Employees)
Adopted: April 2, 2002
Page 2
BE IT FURTHER RESOLVED that coverage under the Act be effective on July 1,
2002.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of April, 2002, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOH J. PEN Mayor
City f a Quint , California
ATTEST:
J . GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
' /�l - le r
M. KATHE INE JEN N, City Attorney
City of La Quinta, California
RESOLUTION NO. 2002-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN
AMOUNT EQUAL TO OR GREATER THAN THAT
PRESCRIBED BY SECTION 22825 OF THE GOVERNMENT
CODE (ELECTED OFFICIALS)
WHEREAS, Government Code Section 22850 provides the benefits of the Public
Employees' Medical and Hospital Care Act to employees of local agencies contracting
with the Public Employees' Retirement System on proper application by a local agency;
and
WHEREAS, Section 22825.6 of the Act provides that a local contracting agency
shall fix the amount of the employer's contribution; and
WHEREAS, City of La Quinta, hereinafter referred to as Public Agency, is a local
agency contracting with the Public Employees' Retirement System; and
WHEREAS, the Public Agency desires to obtain for elected officials of the
Agency, the benefit of the Act and to accept the liabilities and obligations of an
employer under the Act and Regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
That the Public Agency elect, and it does hereby elect, to be subject to the
provisions of the Act; and
BE IT FURTHER RESOLVED that the employer's contribution for each employee
or annuitant shall be the amount necessary to pay the full cost of his/her enrollment,
including the plan or plans up to a maximum of $16 dollars per month plus
administrative fees and Contingency Reserve Fund assessments; and
BE IT FURTHER RESOLVED that the executive body appoint and direct, and it
does hereby appoint and direct, the Personnel/Risk Manager to file with the Board of
Administration of the Public Employees' Retirement System a verified copy of this
Resolution, and to perform on behalf of said Public Agency all functions required of it
under the Act and Regulations of the Board of Administration; and
BE IT FURTHER RESOLVED that coverage under the Act be effective on July 1,
2002.
Resolution No. 2002-46
CalPERS Health Plan (Elected Officials)
Adopted: April 2. 2002
Page 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of April, 2002, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JOHN J. P RA; ayor
City of Nquinta,'California
ATTEST:
J S. GREEK, CMC, ity Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
M. ATHERINE JEN , ' Attorney
City of La Quinta, California
RESOLUTION NO. 2002-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ELECTING TO BE SUBJECT TO
SECTIONS 22821 AND 22821.1 OF THE PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT AND
ALLOWS HEALTH BENEFIT COVERAGE FOR FAMILY
MEMBERS OF DECEASED EMPLOYEES
WHEREAS, Government Code Section 22850 and/or 22850.3 provides the
benefits of the Public Employees' Medical and Hospital Care Act to employees of local
agencies contracting with the Public Employees Retirement System; and
WHEREAS, the City of La Quinta hereinafter referred to as Contracting Agency,
is a local agency contracting with the Public Employees' Retirement System under the
Act; and
WHEREAS, Government Code Sections 22821 and 22821.1 provides certain
additional benefits to employees of local agencies contracting under the Act upon
proper application; and
WHEREAS, the Contracting Agency desires to obtain for its employees the
benefit of Section 22821 and 22821.1 and to accept the liabilities and obligations of
a contracting agency under the Section;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
That the Contracting Agency elect, and it does hereby elect, to be subject to the
provisions of Section 22821.1 of the Government Code.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2nd day of April, 2002, by the following vote to wit:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2002-47
Medical & Hospital Care Act
Adopted: April 2, 2002
Page 2
ATTEST:
J . GREEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
i
M. KATH RI9EJE4NSZW,. LCitty'Attorney
City of La Quinta, California
CITY OF LA QUINTA
PERSONNEL POLICIES
AND PROCEDURES
Amended: November 2000
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SECTION 1: GENERAL PROVISIONS
1.05 PURPOSE
1
1.10 APPLICATION AND EXCEPTIONS:
1
1.15 VALIDITY OF POLICIES (SEVERABILITY)
2
1.20 VIOLATION OF POLICIES
2
1.25 DEFINITION OF TERMS
2
1.30 NO CONTRACT OF EMPLOYMENT CREATED
7
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM
7
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES
8
1.45 OUTSIDE EMPLOYMENT
8
1.50 POLITICAL ACTIVITIES
9
1.55 SAFETY AND HEALTH
9
1.60 VEHICLE AND SEATBELT POLICY
10
1.65 DRUG AND ALCOHOL FREE WORKPLACE:
11
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT:
13
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE
13
1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT
22
1.85 WORKPLACE VIOLENCE
24
1.90 SMOKING POLICY
25
1.95 DRESS CODE
25
SECTION 2: CLASSIFICATION AND SALARY PLAN
25
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN
25
2.10 ALLOCATED POSITIONS
25
2.15 NEW POSITIONS
25
2.20 CLASSIFICATION SPECIFICATIONS
26
2.25 PREPARATION AND ADOPTION OF SALARY PLAN
26
2.30 APPROPRIATE SALARY STEP
26
2.35 BENEFIT PLAN
26
SECTION 3: TYPES OF APPOINTMENTS
26
3.05 TYPES OF APPOINTMENTS
26
3.10 PROBATIONARY APPOINTMENTS
26
3.15 FULL-TIME APPOINTMENT
27
3.20 EMERGENCY APPOINTMENTS
27
3.25 INTERIM APPOINTMENTS
27
3.30 "WORKING OUT OF CLASS\
28
3.35 TRANSFER
29
3.40 PROMOTION
30
3.45 DEMOTION
30
3.50 RECLASSIFICATION
31
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL
32
SECTION 4: RECRUITMENT AND SELECTION
34
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES
34
4.10 PERSONNEL REQUESTS
35
4.15 JOB ANNOUNCEMENTS
35
4.20 PERSONNEL APPLICATIONS
35
4.25 DISQUALIFICATION OF APPLICATIONS
35
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4.30 RECRUITMENT
36
4.35 EVALUATION OF APPLICATIONS
37
4.40 CANDIDATES' EXAMINATION INSPECTION
37
4.45 NEPOTISM POLICY
37
4.50 DRIVING SAFETY CHECK
39
4.55 ELIGIBILITY LISTS
40
4.60 FINAL DECISIONS OF SELECTION
41
4.65 PRE -EMPLOYMENT PHYSICAL
41
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION
41
4.75 PROBATIONARY PERIOD
41
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT
41
4.85 RESIGNATION
42
SECTION 5: COMPENSATION AND EVALUATION
42
5.05 SALARY AT APPOINTMENT
42
5.10 EMPLOYEE PERFORMANCE EVALUATION
42
5.15 PROGRESSION ON MERIT STEPS
43
5.20 SALARY ANNIVERSARY DATE
44
5.25 BILINGUAL COMPENSATION
45
SECTION 6: ATTENDANCE AND HOURS OF WORK
45
6.05 WORK WEEK AND OVERTIME
45
6.10 NO GUARANTEE OF HOURS
46
6.15 STAND-BY AND CALL-BACK POLICY
46
6.20 TIME SHEETS
46
6.25 ABANDONMENT OF EMPLOYMENT
47
6.30 LUNCH AND BREAK POLICY
47
SECTION 7: LEAVES
47
7.05 JURY DUTY AND WITNESS LEAVE
47
7.10 PREGNANCY DISABILITY LEAVE
48
7.15 MILITARY LEAVE
49
7.20 LEAVE OF ABSENCE WITHOUT PAY
50
7.25 FAMILY AND MEDICAL LEAVE
51
7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE
56
7.35 DISABILITY LEAVE
59
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES
60
8.05 GROUNDS FOR DISCIPLINARY ACTION
60
SECTION 9: DISCIPLINARY ACTIONS
62
9.05 DEFINITION OF DISCIPLINARY ACTION
63
9.10 INFORMAL DISCUSSION
63
9.15 FORMAL WARNING
63
9.20 WRITTEN REPRIMAND
63
9.25 DISCIPLINARY SUSPENSION
63
9.30 REDUCTION IN PAY
64
9.35 DEMOTION
64
9.40 DISCHARGE
64
9.45 DOCUMENTATION OF DISCIPLINARY ACTION
64
SECTION 10: DISCIPLINARY PROCEDURES
64
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY
64
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10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE
65
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION
67
1020 AMENDED NOTICE OF DISCIPLINARY ACTION
67
SECTION 11: APPEAL HEARING PROCESS
67
11.05 HEARING OFFICER
67
11.10 REQUEST FOR APPEAL
68
11.15 ANSWER
68
11.20 TIME FOR HEARING
68
11.25 NOTICE OF HEARING
68
11.30 PRE -HEARING MEETING
69
11.35 WITNESS LIST AND SUBPOENAS
69
11.40 NATURE OF HEARING
69
11.45 EXCLUSION OF WITNESSES
70
11.50 PROPOSED FINDINGS OF FACT
70
11.55 OFFICIAL/JUDICIAL NOTICE
70
11.60 ORDER OF PROOF AT HEARING
70
11.65 FINDINGS OF FACT AND RECOMMENDATIONS TO THE CITY MANAGER
70
11.70 DISPOSITION OF APPEAL
70
11.75 BURDEN OF PROOF
71
11.80 WITHDRAWAL OF AN APPEAL
71
SECTION 12: GRIEVANCES
71
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES
71
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES
71
12.15 FREEDOM FROM REPRISAL
72
12.20 RESOLUTION
72
12.25 WITHDRAWAL
72
12.30 RESUBMISSION
72
12.35 EMPLOYEE REPRESENTATION
72
12.40 OBEY NOW/GRIEVE LATER
72
12.45 INITIATION OF GRIEVANCE PROCEDURE
72
12.50 INFORMAL GRIEVANCE PROCEDURE
73
12.55 FORMAL GRIEVANCE PROCEDURE
73
SECTION 13: EMPLOYEE RECORDS AND FILES
74
13.05 PERSONNEL FILES
74
13.10 DOCUMENTS IN PERSONNEL FILES
74
13.15 DISCLOSURE OF INFORMATION
75
13.20 CHANGE IN STATUS
75
13.25 APPLICATION RETENTION
75
13.30 DESTRUCTION OF PERSONNEL RECORDS
75
SECTION 14: EMPLOYEE BENEFIT PLAN
75
14.05 HEALTH BENEFITS
75
14.10 HOLIDAYS
76
14.15 VACATION LEAVE
77
14.20 SICK LEAVE
79
14.25 BEREAVEMENT LEAVE
80
14.30 ADMINISTRATIVE LEAVE
80
14.35 OVERTIME COMPENSATION
82
397/0156 I 0-0005
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SECTION 15: TRAINING
15.05 TRAINING
15.10 IN-HOUSE TRAINING
15.15 DEPARTMENT TRAINING
15.20 SEMINARS AND CONFERENCES
15.25 TUITION REIMBURSEMENT
15.30 TRAINING AND TRAVEL REIMBURSEMENT
397/015610-0005
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84
84
84
84
84
84
85
June 1, 1999
SECTION 1: GENERAL PROVISIONS
1.05 PURPOSE: The purpose of these Policies and Procedures is to establish systematic and
uniform procedures for handling personnel matters.
1.10 APPLICATION AND EXCEPTIONS:
1.10.1 These Policies shall apply to all offices, positions, and employments in the service of the
City, as defined in Section 1.25 of these Policies, with the exception of the following:
A. Members of the City Council and other elected officials.
B. Members of commissions and advisory bodies appointed by the City Council
or City Manager.
C. Direct appointees of the City Council, including the City Manager and City
Attorney. A regular employee who also holds the position of City Treasurer
shall not be excluded from the Policies, unless the employee has entered into
an employment agreement pursuant to sub -section "F" herein.
D. Volunteer personnel who provide services to the City without receiving
compensation (although such persons may receive reimbursement for actual
expenses incurred in the service of the City).
E. Outside and independent contractors, engaged to provide expert, professional,
technical or other services.
F. Regular employees who have entered into a written employment agreement
with the City, unless otherwise specified in the employment agreement.
1.10.2 These Policies, with the exception of Sections 8 through 12 inclusive, shall apply to the
following employees, who serve at the pleasure of their respective appointing authorities and are
considered "at will" employees:
A. Emergency employees, such as those hired to meet immediate needs of an
emergency condition (i.e. fire, flood, or earthquake) which threatens life or
property.
B. Employees who are considered temporary or seasonal.
C. Other non -career employees who are not specifically mentioned in Section
1.10.1 of these Personnel Policies.
D. Probationary Employees.
1.15 VALIDITY OF POLICIES (SEVERABILITY): If any section, subsection, sentence,
clause, phrase or portion of these Policies is for any reason held to be invalid or unconstitutional
397/015610-0005
122106.01 AM00
by the final decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of these Policies. The City Council of La Quinta hereby
declares that it would have adopted these Policies and each section, subsection, sentence, clause,
phrase, or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions may be declared invalid or unconstitutional.
1.20 VIOLATION OF POLICIES: Violation of these Policies may be grounds of discharge or
other disciplinary action, subject to the applicable appeals procedure provided herein.
1.25 DEFINITION OF TERMS: All words and terms used in these Policies and in any
ordinance or any resolution dealing with Personnel Policies and Regulations shall be defined as
they are normally and generally defined in the field of personnel administration. For the purpose
of convenience, the following words and terms most commonly used are defined.
1.25.1 Appointing Authority: The Employee Relations Officer or designee who, in his
or her official capacity, has the final authority to appoint a person to a position of employment.
1.25.2 Appointment: The designation of a person to fill a position of employment.
1.25.3 At -Will Employee: A temporary, probationary or contract employee who has a
written contract specifying the duties and terms of employment without a definite ending date.
At -will employees are not governed by the terms and conditions of Sections 8-12 of these
Policies, unless specifically provided herein.
1.25.4 Call - Back: When an employee is off -duty and is called back to work.
1.25.5 City: The City of La Quinta.
1.25.6 City Manager: The City's Chief Executive Officer.
1.25.7 Classification: A grouping of job positions with the same or similar title, salary
range, and benefit package.
1.25.8 Classification Plan: A listing of job duties and responsibilities of City positions,
as recommended by the Employee Relations Officer and adopted by the City Council.
1.25.9 Compensatory Time: Time accrued at time and a half or taken off from work
with pay, in lieu of paid overtime compensation.
1.25.10 Competitive Service: The employment system whereby City Employees are hired
and promoted through a competitive process based upon objective standards of merit to assure
fair consideration all aspects of employment/promotion.
1.25.11 Confidential Employee: An employee performing the duties of a position which
is designated as confidential by the City Council or designee.
1.25.12 Contractual Employee: An employee hired and paid pursuant to the terms and
conditions of a specified written contract between such employee and the City.
397/015610-0005
122106.01 AM00 - 2 -
1.25.13 Days: Calendar days unless otherwise stated.
1.25.14 Demotion: The voluntary or involuntary transfer of an employee from one
classification to another classification with a lower salary grade or to a lower step in a
classification grade or hierarchy of positions.
1.25.15 Department Director: One who functions directly under the authority of the City
Manager, has direct responsibility for a particular department, and manages its staff, policies and
budget.
1.25.16 Disciplinary Action: The discharge, demotion, reduction of pay, suspension,
placing on probation, or the issuance of a written reprimand or formal warning or any other
action for punitive, corrective or disciplinary reasons.
1.25.17 Disciplinary Suspension: A disciplinary action that temporarily relieves an
employee from duty without pay.
1.25.18 Dismissal: The discharge of an employee from City employment.
1.25.19 Eligibility List: A list of all persons eligible for appointment to a particular
classification after final testing/interviews as determined by the Employee Relations Officer.
1.25.20 Emergency Appointment: An appointment made to meet immediate requirements
of an emergency condition, such as fire, flood or earthquake, which threatens life or property,
where such employment is not anticipated to endure beyond the duration of such an emergency
period.
1.25.21 Employee: An elected or appointed person occupying a position in the City
employment, including City Council Members, providing personal services to the City or its
residents. This excludes independent and outside contractors, commissioners, members of
advisory boards, and volunteers.
1.25.22 Employee Assistance Program: (EAP) A confidential assessment and referral
service designed to assist employees in resolving personal problems.
1.25.23 Employee Relations Officer: City Manager, or any individual designated by the
City Manager, to administer the City's personnel system which includes the duties of equal
employment opportunity officer.
1.25.24 Executive Management: Department Directors and those who qualify for
executive exemption under FLSA.
1.25.25 Fair Labor Standards Act (FLSA): The Federal Law which guarantees employees
certain minimum wages and time and one-half overtime standards.
1.25.26 Fiscal Year: A twelve (12) month period from July 1 to June 30 in which the City
plans, budgets, appropriates, and expends its funds.
397/015610-0005 _ -
122106 01 AM00
1.25.27 Full-time Employee: An employee who is regularly scheduled and expected to
work forty (40) hours or more during a workweek.
1.25.28 General Non -Exempt Employee: An employee who is not exempt from the pay
and overtime provisions of FLSA.
1.25.29 Grade: A number assigned to a position title which indicates the salary range for
that position.
1.25.30 Grievance: A job -related complaint by an employee regarding the terms and
conditions of employment which arise out of a specific fact, situation, or transaction, other than
discipline, that results in an alleged violation of existing ordinances, rules, regulations or policies
administered by the employee's Department Director concerning wages, hours, other terms and
conditions of employment.
1.25.31 Hearing Officer: An outside, independent person qualified to conduct an appeal
hearing on Personnel -related matters, excluding grievances.
1.25.32 In -House Competitive Examination: A type of examination open only to City
employees meeting the minimum qualifications for a particular classification.
1.25.33 Interim Employee: An employee who is appointed to a regular classification on
an acting or temporary basis pending completion of the recruitment process, issuance of an
eligibility list, and filling the classification.
1.25.34 Job Audit: A systematic analysis of the duties performed by an employee to
determine whether the duties are appropriate for the classification.
1.25.35 Leave of Absence Without Pay: A period of time during which an employee may
take time off without receiving compensation or benefits, unless otherwise stated in these
Policies.
1.25.36 Merit Salary Increase: The increase of an employee's salary within the salary
range established for the classification the employee occupies, resulting from satisfactory job
performance, which is based on performance or merit.
1.25.37 Misconduct: Any act or unsatisfactory conduct or job performance which may be
subject to disciplinary action.
1.25.39 Open Competitive Examination: A type of examination open to all persons
meeting the minimum qualifications for a particular position.
1.25.39 Overtime: The time which an employee is required or permitted to work beyond
the number of hours prescribed for a full-time employee in that classification in excess of forty
(40) in one work week. Overtime compensation, taken as paid time or as compensatory time,
shall be authorized as provided in Section 6.05.
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1.25.40 Part-time Employee: The City has two (2) types of part-time employees: regular
part-time and seasonal or temporary.
A. Regular Part -Time Employee: An employee who works a minimum of
twenty (20) and less than forty (40) scheduled hours per week on a permanent
basis.
B. Temporary or Seasonal Employee: An employee, other than a contract
employee whose position has specified beginning and ending dates of
employment.
1.25.41 Permanent Disability: A medical disability which will indefinitely prevent the
employee from performing the employee's job duties without creating unreasonable
endangerment to health and safety or inefficiency of the employee or others.
1.25.42 Personnel Ordinance: Chapter 2.08.060 of the City's Municipal Code,
authorizing the establishment of a personnel system for the City.
1.25.43 Position: A specific job assigned to a job classification.
1.25.44 Probationary Employee: An employee who is serving a probationary period for
the position and/or class in which the employee is currently employed. A probationary employee
is subject to dismissal without recourse to any appeal procedures and without a showing of
cause. A probationary employee has no property interest in continuing employment.
1.25.45 Probationary Period: A working test period of twelve (12) months. To be
considered an integral part of the examination process during which an employee is required to
demonstrate fitness for the position to which the employee is appointed by actual performance of
the duties of the position.
1.25.46 Professional/Administrative/Management Employee: An employee who qualifies
for the executive (Professional/Administrative/Management) exemption under FLSA.
1.25.47 Promotion: The advancement of an employee from one classification to another
classification having a higher salary range.
1.25.48 Reclassification: The reassignment from one classification title or grade to a
different classification title or grade in accordance with are -evaluation of the minimum
qualifications, duties, and responsibilities of the position in question.
1.25.49 Reduction -In -Force (RIF): A layoff in the work force.
1.25.50 Regular Employee: A full or part-time employee hired for an indefinite term into
allocated position, who has successfully completed the employee's probationary period, and has
been retained as provided in these Policies.
1.25.51 Relative (or "immediate family member"): A spouse, child, step -child, legal
guardian, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle,
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niece, nephew, first cousin, parent -in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
law, or any other person or individual related by blood or marriage.
1.25.52 Resignation: The voluntary separation by an employee from City employment, or
abandonment of the job by employee.
1.25.53 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.54 Salary Plan: An annual listing of the minimum through maximum salary grades
of pay for all defined City classifications, as prepared by the Employee Relations Officer and
adopted by the City Council.
1.25.55 Salary Range: The range of pay an employee can earn while employed in a
particular classification.
1.25.56 Seniority: The length of an employee's continuous service with the City.
1.25.57 Skelly Rights: The right of due process including: (1) notice of the proposed
disciplinary action, (2) a copy of materials on which the proposed action is based, and (3) an
opportunity to respond orally or in writing to an impartial reviewer prior to discipline being
imposed.
1.25.58 Staffing Plan: The classification titles, salary grades and number of allocated
positions in a department or division for a designated fiscal year, as determined by the Employee
Relations Officer and adopted by City Council in the annual budget document.
1.25.59 Stand -By Assignment: Employees occupying a position designated as being
scheduled to be subject to being called back to work.
1.25.60 Standards of Conduct: Those Policies which are intended to govern the actions of
City employees during their course of employment with the City with respect to the employee's
conduct and job performance.
1.25.61 Step: The various increments of a salary range, from minimum to maximum,
authorized for the subject classification.
1.25.62 Supervisor: An employee assigned responsibility for evaluation of permanently
assigned employees and for organizing, assigning and reviewing their work.
1.25.63 Termination: The separation of an employee from City service because of
retirement, resignation, permanent disability, death or dismissal.
1.25.64 Transfer: The change of an employee from one department or division to another
department or division without changing the employee's salary grade and usually within the
same classification.
1.25.65 Weapons: Fire arms of any type; Knives with folding blades in excess of 3-1/2
inches; Sheath knifes; Any knifes prohibited by State Law; Personal defense chemical weapons
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(a) mace (tear gas) (b) oleoresin capsicum (pepper spray); Any martial arts weapons; Electric
stun guns (tasers); clubs, bats or other impact weapon.
1.25.66 Workweek: A regularly reoccurring period of seven (7) consecutive twenty-four
(24) hour days beginning at 12:01 a.m. on Monday and concluding at 12:00 p.m. (Midnight) the
following Sunday night. This shall not be construed to constitute a guarantee of hours of work
per day or per work week or of days of work per work week.
1.25.67 Y-rate of Pay: The Y-rate of pay shall exist when an employee's salary is frozen
at the then current step until such time as the commencing salary at the Y-rate, taken together
with subsequent general salary increases, equals or exceeds the employee's salary at the Y-rate.
The employee will not receive merit increases. However, benefits and salary range will be
adjusted annually in accordance with City's pay and benefit plan. This may occur in situations
where an employee is reclassified, voluntarily demoted, or as otherwise stated in these Policies.
1.30 NO CONTRACT OF EMPLOYMENT CREATED: These Policies do not create any
contract of employment, express or implied, or any rights in the nature of a contract.
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM: The Employee Relations
Officer shall administer the City personnel system and may delegate any of the powers and
duties related thereto to any other officer or employee of the City or may recommend that such
powers and duties be performed under contract. The Employee Relations Officer shall:
1.35.1 Act as the appointing authority for all City employees except those officers and
employees directly appointed by the City Council.
1.35.2 Administer all of the provisions of these Personnel Policies except as specifically
reserved to the City Council.
1.35.3 Prepare and recommend to the City Council any appropriate Personnel Policies
and revisions to such Policies.
1.35.4 Prepare or cause to be prepared, and revise as appropriate, a position classification
schedule, including class specifications.
1.35.5 Have the authority to discharge and discipline City employees in accordance with
these Personnel Policies.
1.35.6 Provide for the publishing or posting of notices of examinations for position in the
competitive service; the discretion to waive certain job stated qualifications for good cause when
it is in the best interests of the City; the authority to receive applications therefore; the authority
to conduct and grade examinations; the authority to establish a list of all persons eligible for
appointment to the appropriate position in the competitive service; and the performance of any
other duty which may be desirable or required for the effective implementation of these Policies.
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES: Employees shall not take part in, or attempt in any manner to influence the
consideration of any application, proceeding or other matter involving their own personal
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property, real estate, investment or other interest, or that of any relative or close personal
acquaintance. In all such situations, the employee must disclose the nature of the relationship to
his or her immediate supervisor and request to be relieved of any responsibility or involvement
in such manner.
Employees shall not directly or indirectly solicit any gift or receive any gift whether in the form
of money, services, loan, travel, entertainment, hospitality, promise, or any other form under
circumstances which it could reasonably be inferred the gift was intended to influence then or
could be expected to influence them in the performance of their official duties, or was intended
as a reward for any official action on their part.
Gifts that will be shared with office staff, such as boxes of candy, flowers and food, may be
viewed as exceptions provided they are of minimal value and do not exceed limits imposed by
law for gifts to public employees. All financial disclosure laws and regulations must be
complied with.
If an employee receives any gift as specified above, they shall be rejected firmly but as tactfully
as possible so the good intentions of the giver are properly acknowledged.
1.45 OUTSIDE EMPLOYMENT: An employee shall not engage in any employment,
enterprise, or outside activity which is in conflict with his duties, functions, responsibilities, or
the department by which he or she is employed, nor shall the employee engage in any
compensatory outside activity which will directly, or indirectly, contribute to the lessening of his
or her effectiveness as an employee.
Authorization
a. Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the Department Director of such desire, providing
information as to the time required and the nature of such activity, and such other
information as may be required; and the Department Director shall determine
whether or not such activity is compatible with the employee's City employment.
b. If the Department Director determines such activity is compatible, he or she may
authorize the activity in writing using the "Outside Employment Form" and shall
send a copy to the Employee Relations Officer or designee.
C. Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the
Department Director shall consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of City time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or influence of one's City office or
employment;
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b. Involves receipt or acceptance by an employee of any money or other consideration
from anyone other than the City for the performance of an act which the employee, if
not performing such act, would be required or expected to render in the regular
course of his or her City employment or as part of his or her duties as a City
employee;
C. Involves the performance of an act in other than his or her capacity as a City
employee, which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement by such employee or the department by
which he or she is employed.
d. Involves conditions or factors which would probably, directly or indirectly lessen the
efficiency of the employee in his or her regular City employment or conditions in
which there is a substantial danger of injury or illness to the employee.
Use of City Equipment Prohibited
a. No City -owned equipment, autos, trucks, instruments, tools, supplies,machines, or
any other item which is the property of the City shall be used by an employee while
said employee is engaged in any outside employment or activity for compensation, or
otherwise, except upon prior written approval of the Employee Relations Officer.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of the
items mentioned in (a) above, except upon prior written approval of the Employee
Relations Officer.
Violations and Penalties
Any violation of the provisions herein contained respecting outside employment or
activity and use of City property shall constitute sufficient grounds for disciplinary
action, up to and including dismissal.
1.50 POLITICAL ACTIVITIES: No employee shall engage in political activity during
working hours (excluding break time) or on City premises where such activity would disrupt the
workplace. No employee shall engage in any type of activity relating to an employee
organization during such time an employee is on duty, except as expressly permitted by the City
Manager, Federal or State law, Memorandum of Understanding, or City Council directive.
1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws,
Policies, and regulations. All employees shall follow safety practices, use personal protective
equipment as required and provided by the City, render every possible aid to safe operations, and
report to the supervisor, department director or safety committee all unsafe conditions or
practices.
Employees with questions about safety methods or practices, should check with their supervisor.
1.60 VEHICLE AND SEATBELT POLICY: City and Association agree that the three (3)
individuals employed by City as Building Inspectors shall continue receiving the car allowance
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they are currently receiving in the amount of $320 per months so long as they remain
continuously employed in that position. Any individual hired as a replacement for one of the
three current Building Inspectors shall not receive a car allowance but will be eligible to use a
City pool vehicle. If required to use a personal vehicle, an employee shall be reimbursed at the
then current IRS rate, which is currently $0.325 per mile.
All employees who are currently assigned a City vehicle for their job duties will continue to be
provided access to a vehicle for Fiscal Years 1998/99 and 1999/2000. In addition, a vehicle pool
will be established in Fiscal Year 1998/99 for use by employees to conduct City business. Pool
vehicles will be made available on a first -come, first -served basis. The pool will be administered
by the Finance Department. An employee must check with the Finance Department prior to
using his/her own vehicle on City business. If there is no pool vehicle available, and the
employee cannot wait for one to become available, the employee may use his/her personal
vehicle and be reimbursed at the current rate. Effective November 1, 2000, Foreman will no
longer take City vehicles home on a daily basis. Instead, the City will consider a scheduled
standby program, and will authorize Foreman to take a City vehicle home when on scheduled
standby. When on scheduled standby, Foreman shall be paid standby pay pursuant to Section
14.35.6.
City shall make City pool vehicles available on a priority basis for those employees who are
required to travel off paved roads on City business. If a pool vehicle is not available, and the
employee must use his/her personal vehicle to travel off paved roads, the employee shall not be
required to travel off paved roads if he/she reasonably believes that to do so would cause damage
(other than normal wear and tear) to the vehicle. The employee shall inform his/her supervisor
of such concerns, and the supervisor shall give alternate instructions.
Employees required to use their own vehicle for City business and who receive either a monthly
allowance or mileage reimbursement therefor are required to provide proof of a valid California
drivers' license and of vehicle insurance for both liability and property damage. The City
requires a copy of the drivers' license at the time of hire and at the time of each required renewal.
The Personnel Office maintains these records and is responsible for notifying employees when
their license needs to be renewed.
An employee who loses his/her license or has his/her license restricted so as to prevent driving
on City business is responsible for notifying the Employee Relations Officer immediately. The
City has an agreement with the Department of Motor Vehicles (DMV) wherein the DMV notifies
the City when an employee's license is restricted or revoked. If the DMV notifies the City prior
to receiving notification by the employee, disciplinary action may result.
Proof of insurance must be shown at the time of hire and annually by those employees who drive
their own vehicles on City business. Policy limits are determined by the employee, but must
meet minimum state standards. If an employee has an automobile accident while on City
business, the employee's insurance policy shall be provide primary coverage for both liability
and property damage. If there is no insurance policy in place, the employee shall be personally
responsible. The car allowance or mileage reimbursement paid by the City is calculated to cover
the cost of insurance purchased by the employee. No employee who has not been required to use
his/her vehicle for City business shall be required to provide proof of insurance.
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Employees must wear seatbelts at all times when in a vehicle on City business.
1.65 DRUG AND ALCOHOL FREE WORKPLACE: It is the intent of the City of La Quinta
to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol
abuse by its employees. The City has a vital interest in maintaining safe and efficient working
conditions for its employees. Substance abuse is incompatible with health, safety, efficiency and
service to the public. Employees who are under the influence of a drug or alcohol on the job
compromise the City's interests, endanger their own health and safety and the health and safety
of others, and can cause a number of other work -related problems, including absenteeism and
tardiness, substandard job performance, increased workloads for co-workers, behavior that
disrupts other employees, delays in the completion of jobs, and disruption of service to the
public.
While on paid duty time or on City property, including in City vehicles or while operating City
equipment, employees shall not consume or possess alcoholic beverages or consume or possess
controlled substances. Employees shall not work or be at work while under the influence of any
controlled substance (as defined herein), without written authorization from a qualified physician
and the employee's Supervisor.
The unlawful manufacture, distribution, dispensing, possession, or consumption of any
controlled substance is prohibited on the job, in the City's workplace, or while subject to duty
(i.e. standby).
For the purposes of this Section, the following shall be defined as:
A. "Abuse of any legal drug" means the use of any legal drug, including prescription
drugs, (a) for any purpose other than the purpose for which it was prescribed or
manufactured; or (b) in a quantity, frequency or manner that is contrary to the
instructions or recommendations of the prescribing physician or manufacturer.
B. "Controlled substance" denotes any substance which could potentially impair the
employee's ability to effectively and safely perform the functions of his/her duties,
including, but not limited to: alcohol, coca leaves, cocaine, marijuana, opium and
opiates, amphetamines, methamphetamine, lysergic acid (L.S.D.), etc. As outlined
below, certain prescription drugs and medications shall also be classified as
controlled substances.
C. "Conviction" is a finding of guilt (including a plea of no contest), an imposition of
sentence, or both, by any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes.
D. "Reasonable suspicion" includes a suspicion that is based on specific personal
observations such as an employee's manner, disposition, muscular movement,
appearance, behavior, speech or breath odor; information obtained from a reliable
person with personal knowledge; an accident involving City property, where it
appears the employee's conduct is at fault; physical altercation, verbal altercation, or
unusual behavior.
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Reasonable suspicion may also be based on an employee's possession of drugs,
alcohol or paraphernalia in the work place or on City property.
The use of prescription drugs which would not alter an employee's work performance is
acceptable, if prescribed in writing, by a qualified physician. Employees must notify their
Supervisor before beginning work when taking drugs (prescription or non-prescription) which
may interfere with the safe and effective performance of their duties. In the event there is a
question regarding an employee's ability to perform assigned duties safely and effectively while
using such drugs, a written clearance from a qualified physician shall be required before the
employee is allowed to resume the employee's regular duties.
Toward reaching this goal of a drug and alcohol free workplace, the City may conduct pre-
employment drug or alcohol testing of applicants for City positions that require more than
incidental driving or performance of other safety sensitive functions as part of their regular
duties, as defined in the approved job descriptions. Pre -employment drug or alcohol tests shall
apply only to non -City employees; City employees who apply for another City position shall not
be subject to pre -employment drug or alcohol tests. Any applicant who tests positive, as outlined
in the Drug Free Workplace Administrative Policies, Section 5, shall be disqualified from
consideration for employment for a period of six (6) months.
The City also reserves the right to require that an existing employee undergo testing if the City
determines that reasonable suspicion exists to believe that the employee is under the influence of
any illegal drug or controlled substance, as defined in this Section. Reasonable suspicion shall,
whenever possible, be evaluated based on personal observations by the Department Director or a
Supervisor who is familiar with the employee's normal behavior. Information which is obtained
from a reliable person with personal knowledge of the employee may also be utilized in
appropriate circumstances.
In the event that an employee suspects that the employee's supervisor is under the influence of
drugs or alcohol, the employee may submit a written or oral complaint which contains detailed
information regarding the allegation of alcohol or substance abuse to the supervisor's superior.
Employees who (1) refuse to submit to a drug or alcohol test immediately when requested by
authorized City or law enforcement personnel; (2) refuse to submit to a search of personal
properties if requested by law enforcement personnel; or (3) are "convicted" of a "criminal drug
statue" violation, shall be subject to the disciplinary procedures which are outlined in these
Policies.
All City lockers, desks, cabinets, vehicles, computer files, and computer diskettes are the
property of the City and are subject to search without the employee's consent by City
management at any time with or without notice. Refusal to cooperate with a search may result in
a disciplinary action, up to and including termination. Unless the Supervisors are directed
otherwise by the Employee Relations Officer, employees will be given the opportunity to be
present when the search is conducted.
If an employee voluntarily wishes to participate in a drug or alcohol rehabilitation program, and
has not been found to have violated the City's Policies concerning drugs or alcohol, the City
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shall make every reasonable effort to assist in placing an employee with an available employee
assistance program or service for purposes of rehabilitation, in -lieu of disciplinary action or
criminal prosecution. If, in such cases, the employee refuses to attend and complete an employee
assistance program or service, the employee will be subject to the disciplinary procedures which
are outlined in these Policies.
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT:
In addition to prohibited acts already provided for, the following acts are prohibited and subject
an employee to discipline in accordance with these Policies and procedures :
(a) The use or possession of alcohol or impairing drugs, including illegal drugs and
drugs without a prescription during working hours or while subject to duty, on
breaks, during meal periods or at any time while on City property;
(b) Reporting to work or being subject to duty while his or her ability to perform job
duties is impaired due to on- or off -duty alcohol or drug use; or
(c) Directly or through a third party sell or provide drugs or alcohol to any person,
including any employee, while either or both employees are subject to being called to
duty.
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE:
1.75.1 Purpose: This policy establishes guidelines in compliance with the Federal
Omnibus
Transportation Employee Testing Act of 1991 (Omnibus Act), the Department of Transportation
Federal Highway Administration (FHWA) Regulations of 1994 (49 C.F.R. parts 40 and 382 et
al.), and Section 34520(a) of the California Vehicle Code. Each of these measures requires that
regular drug and alcohol testing be performed on employees in safety -sensitive positions who
operate specified commercial vehicles.
The City of La Quinta's objectives in establishing this policy are to:
A. protect the safety of the public at large;
B. ensure the highest quality of public service possible;
C. provide a safe working environment for City employees;
D. promote efficiency and productivity; and
E. encourage employees who are concerned about their drug and/or alcohol use to
voluntarily seek assistance.
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1.75.2 Policy
A. Covered Employees Effective January 1, 1996, the Department of Transportation drug
and alcohol testing rules apple to City employees who operate the following:
1. a vehicle with gross combination weight of at least 26,001 pounds, inclusive of a
towed unit with a gross vehicle weight rating (GVWR) of more than 10,000 pounds;
2. a vehicle of over 26,001 GVWR;
3. a vehicle placarded under Department of Transportation hazardous material
regulations; and Department of Transportation hazardous material regulations; and
4. a vehicle designed to transport 16 or more passengers, including the driver.
B. Safety -Sensitive Functions: "On -duty" time for safety -sensitive functions commences at
the time covered employees begin to work or are required to be in readiness for work until the
time they are relieved of work responsibilities. "On -duty" time includes the following safety -
sensitive functions:
1. driving the vehicle;
2. performing maintenance on the vehicle;
3. inspecting the vehicle;
4. loading or unloading the vehicle;
5. supervising or assisting the loading or unloading of a vehicle; and
6. waiting to load or unload the vehicle or to be dispatched.
C. Prohibited Acts: Covered employees shall not engage in any of the following behaviors
while performing or waiting to perform a safety -sensitive function:
Drugs
a. report to duty or remain on duty in a safety -sensitive capacity when using any
drug;
b. possess while on duty;
C. consume at any time; and
d. test positive.
Note: Prescription drugs may be allowed, as needed, pursuant to advance
notification to the appropriate supervisor, along with the doctor's recommendation
regarding instructions and possible side effects as they relate to the employee's job
duties.
2. Alcohol
a. report for duty or remain on duty in a safety -sensitive capacity while having a
blood alcohol level of 0.02 or greater;
b. use or possess alcohol while performing safety -sensitive functions;
C. perform safety -sensitive functions within four hours after using alcohol; and
d. use alcohol for 8 hours after an accident or until tested, whichever is first.
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3. Drug and Alcohol
a. refusal to submit to drug and/or alcohol testing as required by the Omnibus
Act; is deemed as a positive test;
b. report to duty or remain on duty to perform a safety -sensitive function after
refusing to submit to drug and/or alcohol testing required under the
regulations; and
C. fail to advise the immediate supervisor when other employees have actual
knowledge that an employee is in violation of these rules.
D. DrugTesting: esting: Pursuant to FHWA regulations, urine specimens shall be screened for the
following substances:
1. Amphetamines/Methamphetamine (i.e., Speed and Crystal);
2. Cocaine;
3. Opiates (i.e., Codeine, Heroin, and Morphine);
4. Phencyclidine (PCP); and
5. THC (Marijuana)
The testing is a two stage process. If the initial screening is positive for one or more of the above
drugs, then a confirmation test is performed for each identified drug using state-of-the-art gas
chromatography/mass spectrometry (GC/MS) analysis. GC/MS ensures that over-the-counter
medications are not reported as positive tests.
E. Alcohol Testing: The regulations require an evidential breath testing device (EBT)
approved by the National Highway Traffic Safety Administration (NHTSA) for the testing of
alcohol use. An alcohol testing form is completed by the employee and a certified breath alcohol
technician (BAT) to ensure the results are properly recorded. Two breath tests are required to
determine if the employee has a prohibited alcohol concentration. A screening test is conducted
first. Any result less than 0.02 alcohol concentration is considered a negative test, and no further
testing is required.
If the alcohol concentration is 0.02 or greater, a second or confirmation test shall be conducted.
When a confirmation test is required, the EBT equipment shall print the screening and
confirmation test numbers in sequential order. The device shall also print the result, date, and
time of both tests, along with the name and serial number of the EBT equipment in order to
ensure the reliability of the results. Any action taken will be based on the confirmation test
result.
F. Types of Tests Required: The following tests are required for covered employees who
perform safety sensitive functions:
1. Pre -employment Testing
Prior to hire or assignment to a position covered by this policy, the applicant or
employee shall undergo testing for drugs. Failure to pass the test shall be deemed a
basis upon which employment or assignment to a safety -sensitive position shall be
denied.
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2. Random Selection
Regulations require regular random testing of all employees covered by this policy.
The ongoing testing will be conducted on an unannounced basis before, during, or
immediately after the performance of safety -sensitive functions. Employees will
have an equal chance of being selected. All eligible employees' names will be
placed in a pool, from which names are drawn on a "reasonably random" basis.
Once an employee's name is pulled for testing, his or her name will be returned to
the pool. Therefore, it is feasible for the same employee to be tested repeatedly
while participating in a true random testing process.
The selection of employees for random drug and alcohol testing will be made by a
scientifically valid method.
The regulations specifically require that random testing be performed as follows:
a. Drugs - Fifty percent (50%) of the total number of covered employees shall
be tested annually. .
b. Alcohol - Twenty-five (25%) percent of the total number of covered
employees shall be tested annually.
3. Reasonable Suspicion
The City shall require a covered employee to be tested upon reasonable suspicion for
the use of drugs or alcohol. Reasonable suspicion or cause means that a trained
supervisor believes that the actions, appearance, speech, body odors, or conduct of an
on -duty employee is indicative of the use of drugs or alcohol. Reasonable suspicion
may be conducted before, during, or after an employee performs safety -sensitive
functions.
The determination that a reasonable suspicion exists to require an employee to
undergo a drug or alcohol test must be based on specific, objective, and
contemporaneous facts concerning the behavior, appearance, speech, or body odors
of the employee. The determination must also be based on the supervisor's direct
observations of the behaviors and not on hearsay. The supervisor(s) witnessing the
impairment must document the specific observations upon which the reasonable
suspicion is based.
Where there is a reasonable suspicion that the employee is under the influence of
drugs or alcohol, the supervisor shall arrange for the employee to be transported to
the testing facility and then driven home. The employee shall not be permitted to
transport him or herself.
4. Post -Accident
For purposes of this policy, an "accident" is defined as an incident involving a
commercial vehicle in which one or more of the following occurs: loss of human life;
bodily injury to persons; disabling damage to any of the vehicles involved; or
issuance of a traffic citation to the City employee following any type of vehicle
collision.
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The following criteria apply when conducting drug and alcohol tests due to an
accident:
a. A breath alcohol test must be administered as soon as possible. If not within
two hours following the accident, the employer/supervisor must prepare and
maintain records stating why testing was not completed. At that time, every
effort. should be made to ensure that a breath alcohol test is performed within
eight hours following the accident. If testing has not occurred within eight
hours, attempts to test should be discontinued, and the employer/supervisor
must record why he was unable to administer the required test.
b. A drug screening test must be initiated prior to the 32nd hour following an
accident. If the test is not administered as required, the employer/supervisor
must document the reasons testing was not performed.
C. The employee must remain readily available for testing or he or she will be
deemed to have refused the test (see Refusal to Consent). This rule does not
require the delay of necessary medical attention for injured persons following
the accident nor prohibit the employee from leaving the scene to obtain
assistance or necessary emergency medical care.
d. An employee subject to post -accident testing may not use alcohol within
eight hours following the accident or before an alcohol test, whichever comes
first.
e. Testing will not be conducted on any deceased employee.
5. Return -to -Duty
Testing shall be conducted on any covered employee who has violated the prohibited
drug and alcohol standards and is accepted into a return -to -duty status. Prior to
resuming his or her safety -sensitive functions, the employee must undergo a new
drug and/or alcohol test.
The test results must be negative for the employee to return to work. If applicable,
the employee shall be referred to a Substance Abuse Professional for further
assessment.
6. Follow-up
Any covered employee identified by the Substance Abuse Professional as needing
assistance will be subject to follow-up testing upon returning to duty. A minimum of
six unannounced tests will be performed over the following twelve month period.
Follow-up testing may be extended for up to 60 months following return -to -duty.
The same criteria used for the return -to -duty testing will be used for any follow-up
testing. Such testing shall not be subject to the random testing selection procedures.
Moreover, follow-up testing may include tests for other substances beyond the
employee's initial positive test of drug and/or alcohol use when the Substance Abuse
Professional has reason to believe that additional testing is warranted. If follow-up
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testing is required, the employee assumes full responsibility for paying the follow-up
testing expenses.
G. Employee Consent: Before a drug or alcohol test is administered, the covered employee
will be asked to sign a consent form authorizing the test and permitting release of the test results
to the appropriate City representative. The consent form shall provide a space to acknowledge
that the employee being tested has been advised of the drug and alcohol testing policy.
H. Refusal to Consent: An employee that refuses to submit to drug or alcohol testing
required by the City shall be prohibited from performing or continuing to perform safety -
sensitive functions. An employee's refusal to submit to drug or alcohol testing required by the
City for any reason may also result in disciplinary action, up to and including termination.
Refusal to consent shall include, but is not limited to:
1. failure to provide adequate breath for alcohol testing, without valid medical
explanation, after being notified of the requirement for breath testing;
2. failure to provide an adequate urine sample for testing, without a genuine inability to
provide a specimen (as determined by medical evaluation), after being notified of the
requirement for urine testing; and
3. engaging in conduct that clearly obstructs the testing process.
I. Consequences of Positive Test Results: If drug and/or alcohol test results are positive,
the employee may be disciplined, up to and including termination. If the employee is not
terminated, the employee's supervisor or other authorized manager shall:
1. Immediately remove any employee who has engaged in prohibited drug or alcohol
use from his or her safety -sensitive functions.
2. If the alcohol concentration level is greater than 0.02, but less than 0.04, the
employee may not return to his or her safety -sensitive function for a minimum of 24
hours and until another breath alcohol test is administered, and the result is less than
a 0.02 concentration.
3. If the alcohol concentration level is greater than 0.04 or a drug screening test is
positive for any of the prohibited controlled substances, the employee will be
removed from his or her safety -sensitive position until:
a. he or she undergoes evaluation and, where necessary, rehabilitation;
b. a Substance Abuse Professional determines that the employee has
successfully complied with any required rehabilitation; and
C. the employee undergoes a return -to -duty test with a result of a blood alcohol
concentration of less than 0.02 if the employee initially tested positive for
alcohol, and/or with a negative test result for controlled substances if the
employee initially tested positive for controlled substances.
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Any treatment or rehabilitation may be provided in accordance with City
policy. The City is not required under these circumstances to provide
rehabilitation, pay for treatment, or to reinstate the employee to safety -
sensitive positions.
4. If the employee is permitted to return to work, he or she must have a negative test
result on the return -to -duty test.
5. Perform unannounced follow-up testing on any employee returned to his or her
safety sensitive duties.
6. Make arrangements for alternative transportation when test results are positive for
drugs or an alcohol concentration of 0.02 or greater.
J. Substance Abuse Professional: The City will only provide an assessment by a Substance
Abuse Professional. Under this policy, the City has no obligation to provide or pay for further
treatment, as this is the responsibility of the employee. Some financial assistance may be
available under the City's health insurance plan.
K. Testing Records: Records shall be maintained on test results, prevention programs,
policies, training, drug use and alcohol misuse, refusals to submit to testing, employee
evaluations, and annual summary of the City testing program. The retention period for the
records is as follows:
Five Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, confirmed positive drug
tests, documentation of any employee who has refused to submit to a required drug
or alcohol test, employee assessments and referrals by the Substance Abuse
Professionals, and each calendar year summary.
2. Two Year Retention Period
This pertains to records documenting the collection process for the drug and alcohol
tests and training of supervisors.
3. One Year Retention Period
This pertains to any alcohol test results which are less than 0.02 and the
documentation of any negative or canceled drug test.
All records are confidential; however, the regulations require that they be made available for
inspection at the City of La Quinta within two business days following a request by an
authorized person. The records are kept in a separate file and will not be made a part of the
employee's personnel file. An exception to this is when disciplinary action results from the
incident. When there is disciplinary action, disciplinary notices and related documents will be
placed in the employee's personnel file.
The result of any testing done pursuant to this policy shall be used for employment purposes only
and shall not be released for use in the criminal justice system, unless by court order.
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L. Access to Records: The following agencies shall, have access to all test results without
the verbal or written consent of covered employees:
the City of La Quinta in proceedings initiated either by the City or the employee as a
result of testing;
2. the Department of Transportation or any state or local official with regulatory
authority over the City or any of its employees; and
3. the National Transportation Safety Board when conducting an investigation of an
accident where drug and/or alcohol testing was performed.
M. Traini>ne: As part of the emphasis on education and safety, the Omnibus Act requires
providing educational materials and two hours of training of supervisors and one hour of training
for employees before testing can begin. The required topics include the following:
General Requirements
Covers the general requirements of the Omnibus Act and the City's responsibilities
to comply with those requirements.
2. Key Person
Designates a key person at the City to answer employee questions regularly.
Drivers Covered
Identifies categories of employees who are subject to the regulations.
4. On -duty Time
Describes the period of time employees are to be in compliance.
5. Safety -Sensitive Functions
Identifies what job tasks are considered to be safety -sensitive.
6. Prohibited Conduct
Specifies information about prohibited employee conduct.
7. Occasions for Testing and Types of Testing
Lists circumstances under which employees will be tested for drugs and/or alcohol.
Procedures for Testins
Covers procedures that will be used to test for the presence of alcohol or drugs and to
protect the privacy of employees, the integrity of the testing process, and the validity
of the test results. Testing shall be conducted only by laboratories that are
Department of Health and human Services certified, and comply with all laboratory
analysis procedures and quality control measures set forth in 49 C.F.R. part 40.
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9. Refusal to Be Tested
Explains what constitutes a refusal to test.
10. Blood Alcohol Concentration
Depicts the various readings for alcohol concentration greater than 0.02.
11. Effects of Drugs and/or Alcohol Use
Describes the specific observations concerning the appearance, behavior, speech, or
body odors of the employees.
12. Penalties and Referral
Lists the various consequences for employee found to have tested positive for
prohibited drugs or within the prohibited blood alcohol level.
N. Effective Date and Notice to Employ: The Personnel Policies, including this section,
shall be effective August 11, 1997. Covered employees will receive a copy of the policy prior to
its effective date. Employees who are hired after the effective date shall be given a copy at the
time they commence employment with the City.
0. Compliance with Federal Law: At all times, the City will comply with the current
applicable federal law concerning drug and alcohol testing. Issues or inconsistencies that are not
addressed in this policy will be determined by referring to the law and official regulations
outlining policies and procedures, etc. relative to the law and official regulations outlining
policies and procedures, etc.
P. Employer Contact: The Employee Relations Officer has been designated to answer
employee questions about this policy.
1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT: The City is an
equal opportunity employer. Personnel actions will comply with all applicable laws prohibiting
discrimination in employment, based on race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex, pregnancy or age. Any technique or
procedure used in recruitment and selection of employees shall be designed to measure only the
job related qualifications of applicants. No recruitment or selection technique shall be used
which, in the opinion of the City, is not justifiably linked to successful job performance.
Policy Against Harassment: The City strictly prohibits harassment of employees in the
workplace based on race, color, national origin, ancestry, religion, sex, sexual orientation,
marital status, age, physical handicap, or medical condition. Harassment includes all forms of
offensive or unwelcome physical or verbal conduct that interferes with an employee's work or
creates an offensive or hostile working environment.
Sexual Harassment: Sexual harassment of all types is specifically prohibited. Sexual harassment
of employees in the workplace is illegal, unacceptable, and will NOT be tolerated.
Under state and federal law, sexual harassment is defined as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal
whenever (a) submission to such conduct is made a condition of employment, either expressly or
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implied, (b) submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting that individual, or (c) such conduct has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
Examples of sexual harassment include unwelcome sexual propositions or marriage proposals;
unwelcome hugging, kissing, or other offensive physical contact of a sexual nature; lewd
gestures, remarks. or innuendos; unwelcome discussions of sexual practices or anatomy; and
sexually offensive posters, photographs, drawings, cartoons, jokes, stories, nicknames, or
comments about appearance.
This policy applies to all Supervisors of the City, as well as to co -employees, elected and
appointed officials, commissioners, customers, and other persons at the workplace whom the
City knows or has reason to know are violating this policy. All City personnel are expected to
avoid any conduct that could be construed as harassment by any employee. Appropriate
corrective action will be taken against all offenders, including discipline or discharge of
Supervisors or employees who violate this policy.
Any employee who believes he or she has been unlawfully harassed should bring the matter to
the attention of the employees' supervisor immediately, and provide a full and accurate report of
the underlying facts. Where the employee's supervisor is the alleged harasser, the employee
should bring the matter to the attention of the supervisor's superior. Employees are urged to
report to the employee's supervisor, but this is not required if the employee feels uncomfortable
in doing so, or if the employee believes the supervisor is the harasser. In all cases, employees
are free to report such problems directly to the Employee Relations Officer. Upon notification of
a harassment complaint, the Employment Relations Officer, or other person acting in that
capacity, shall promptly conduct an investigation of the complaint and supervise and/or
investigate the complaint. The investigation will generally include interviews with (1) the
complainant; (2) the accused harasser; and (3) any other person the Employment Relations
Officer, or person acting in that capacity; has reason to believe has relevant knowledge
concerning the complaint. This may include victims of similar conduct.
All such reports will be kept confidential to the greatest extent possible, but some disclosure will
be necessary to conduct a proper investigation. In each case, the employee reporting the problem
will receive a written reply, from the Employment Relations Officer, or other person acting in
that capacity, on the results of the investigation and the action taken, if any. Any employee who
is not satisfied with the reply may appeal to the City Manager and will receive a reply in writing.
No employee shall be subject to any form of retaliation for reporting any violation, or
participating in any investigation under this policy provided that they have done so truthfully and
in good faith. Employees who believe they have been retaliated against in violation of this
policy may utilize the grievance procedure described below.
This policy also applies to unlawful harassment based on any of the other illegal criteria set forth
in the City's Equal Employment Policy, including race, color, religion, national origin, age, sex,
sexual orientation, disability, marital status, or physical or mental condition.
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The California Fair Employment and Housing Act, (FEHA) (California Govt. Code Sections
12940 et seq.) prohibits unlawful sexual harassment, as well as other forms of discrimination
based on race, color, national origin, religious creed, age, disability, marital status, and medical
condition.
Employees may file complaints about sexual harassment or other illegal employment
discrimination with the California Fair Employment and Housing Commission (1390 Market
Street, Suite 410, San Francisco, CA 94102; Telephone: 415-557-2325), or with the California
Department of Fair Employment and Housing (San Bernardino Office: 1845 S. Business Center
Drive, #127, San Bernardino, CA 92408-3426; Telephone: 909-383-4711).
The Department of Fair Employment and Housing (DFEH) is authorized to accept and
investigate complaints of employment discrimination, and to mediate settlements. The Fair
Employment and Housing Commission (FEHC) has authority to issue accusations against
employers, conduct formal hearings, and award reinstatement, back pay, damages, and other
affirmative relief. The Fair Employment and Housing Act prohibits retaliation against
employees because they have filed a complaint with the DFEH or FEHC, participated in an
investigation, proceeding, or hearing with either agency, or opposed by practice made unlawful
by the FEHA.
The City will NOT tolerate any unlawful harassment or discrimination in employment.
Violation of this policy can result in immediate termination of employment.
A violation of this policy is subject to the formal grievance procedure in accordance with Section
12. If the allegation of sexual harassment implicates any person rendering a decision at any Step
in the Grievance Procedure, the employee may omit that particular Step and proceed to the next
Step of the Grievance Procedure.
Malicious Complaints: While the City of La Quinta vigorously defends its employees' right to
work in an environment free of sexual harassment, it also recognizes that false accusations of
sexual harassment can have serious consequences. Accordingly, any employee who is found,
through the City's investigation, to have knowingly falsely accused another person of sexual
harassment will be subject to appropriate disciplinary action, up to and including termination.
1.85 WORKPLACE VIOLENCE: The City of La Quinta does not tolerate any act or behavior
which can be perceived as threatening, hostile, and/or violent. No employee shall make any
threat, either physical or verbal, against a co-worker, supervisor or member of the public. No
employee, other than those required by their position, shall bring a weapon (exclusive of
personal defense chemical spray) of any type to a City facility, including parking lots and public
streets outside or immediately adjacent to a City building or place in a City vehicle or equipment.
Violation of this "zero tolerance" policy will lead to discipline, up to and including termination.
An employee may bring a personal defense chemical spray to a City facility including parking
lots and public streets outside or immediately adjacent to a City building or place in a City
vehicle or equipment if approved by their Department Director having demonstrated a legitimate
need and having obtained any necessary certification.
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All employees are required to report immediately to their Supervisor and Department Director
any threats or incidents of violence. Supervisors and Department Directors are required to
investigate incidents of violence or threats of violence to maintain department safety.
Effective January 1, 1995 the Workplace Violence Safety Act became law. The new statute adds
Section 527.8 to the California Code of Civil Procedure and allows employers to seek temporary
restraining orders (TRO) and an injunction to protect employees who have been the subject of
actual or threatened unlawful violence in the workplace.
1.90 SMOKING POLICY: Smoking is prohibited in all City facilities, all City vehicles and
rolling stock.
1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for
the duties performed in their position. Department Directors, with the approval of the Employee
Relations Officer, may allow certain Field positions to wear shorts depending on the duties
performed and any safety considerations. Shorts may be limited to earth -tone colors, be mid -
thigh length, hemmed, with a minimum of two pockets, a fly and worn with a belt. All field
personnel must wear collared shirts that are tucked in and identify them as City personnel.
SECTION 2: CLASSIFICATION AND SALARY PLAN
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN: The Employee
Relations Officer shall determine the duties and responsibilities of all City positions for inclusion
in the Classification Plan. The Classification Plan shall be so developed and maintained to
ensure to the fullest extent possible that all positions which are substantially similar with respect
to duties, responsibilities, authority and character of work, are included within the same
classification, and the same schedules of compensation shall apply to all positions in the same
classification. Classification specifications are explanatory, but not restrictive. The listing of
particular tasks shall not preclude the assignment of other related kinds of tasks or related jobs
requiring lesser skills. The Classification Plan shall be adopted by a resolution of the City
Council. The Classification Plan may be amended or revised, as required, and adopted by a
resolution of the City Council.
2.10 ALLOCATED POSITIONS: The Employee Relations Officer shall approve the
appointment of employees to positions in the Classification Plan.
Only allocated positions which have been approved by City Council may be filled, provided that
the following positions can be approved by the City Manager without prior City Council
approval: 1) temporary; and 2) emergency.
2.15 NEW POSITIONS: When a new position is created, no person shall be appointed or
employed to fill the position prior to the position's assignment to a classification, unless
otherwise provided by these Policies. The Employee Relations Officer shall amend the
Classification Plan to establish and assign an appropriate classification and grade for the new
position as approved by the City Council.
2.20 CLASSIFICATION SPECIFICATIONS: Classification Specifications shall contain a
job description, as well as knowledge, skills, abilities, education, experience, sample duties and
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other minimum qualifications for all classifications listed in the Classification Plan. The
Employee Relations Officer shall maintain a list of all City Council approved classification
specifications. All classification specifications shall be open for inspection in the Personnel
Office by an employee or the public under reasonable conditions during business hours subject to
the availability of the Employee Relations Officer.
2.25 PREPARATION AND ADOPTION OF SALARY PLAN: The Employee Relations
Officer shall prepare an annual Salary Plan that establishes the minimum through maximum
salary rates of pay for all City classifications and shall submit the Salary Plan to the City Council
for its approval. The Salary Plan shall be adopted by a resolution of the City Council. The
Salary Plan shall be amended or revised by adoption of a resolution of the City Council.
2.30 APPROPRIATE SALARY STEP: Employees occupying a City position shall be paid a
salary or wage within the salary range established for that position's classification under the
adopted Classification and Salary Plans.
2.35 BENEFIT PLAN: The City Council may, at its sole discretion, adopt a Benefit Plan that
establishes the benefits for all City employees. This Benefit Plan is described in the Employee
Benefits Section of the City's Compensation and Leave Policies.
SECTION 3: TYPES OF APPOINTMENTS
3.05 TYPES OF APPOINTMENTS: Except for temporary vacancies, all vacancies shall be
filled by recruitment, transfer, promotion, or demotion; temporary appointments may be made in
accordance with these Policies.
3.10 PROBATIONARY APPOINTMENTS: All initial appointments made to a vacant
regular position, shall be considered probationary for twelve (12) months from the effective date
of the appointment. Promotional appointments shall be considered probationary for six (6)
months from the effective date of the promotional appointment. As necessary, the probationary
period can be extended an additional six (6) months if the Department Director or designee
determines that the probationary period shall be extended. The probationary employee shall be
given notice in writing prior to the expiration of the original probationary period.
Initial probationary employees are eligible for use of accrued paid leave (sick leave, vacation and
bereavement leave) after the first (3) months. A promotional probation does not impact an
employee's eligibility for leave.
The probationary period shall be regarded as part of the testing process and shall be utilized for
closely observing the employee's work to determine the employee's fitness for the position. A
probationary employee must demonstrate satisfactory performance in order to achieve permanent
status.
Periods of time on paid or unpaid leave exceeding thirty (30) days (consecutive or not) shall
automatically extend the probationary period by that number of days the employee is on leave.
If the probationary period is interrupted by military leave for a period which extends beyond half
of the probationary period, then the employee shall serve a new probationary period upon return.
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An employee on probationary status may be suspended without pay, demoted or dismissed by
the City at any time, with or without cause, and without right of appeal. A probationary
employee has no property interest in continuing employment.
3.15 FULL-TIME APPOINTMENT: Employees who successfully complete their
probationary period and who regularly work a minimum of forty (40) hours per week shall
become full-time regular employees and shall be entitled to all of the benefits provided herein.
3.20 EMERGENCY APPOINTMENTS: To meet immediate requirements of an emergency
condition which threatens life or property, the Employee Relations Officer may create positions
and employ such persons as temporary employees as may be needed for the duration of the
emergency.
If not determined otherwise by an applicable provision or by an Emergency Operations Plan
approved by the City Council as soon as possible, and shall be compensated at an appropriate
hourly rate as approved by the Employee Relations Officer.
3.25 INTERIM APPOINTMENTS: If deemed to be in the best interests of the City, the
Employee Relations Officer may authorize and approve an interim appointment in order to fill
either a temporary (i.e. a maternity or military leave) or regular (i.e. an employee's resignation or
termination) vacancy. If the position being filled on an interim basis would normally require
City Council approval (i.e. City Manager), the City Council shall authorize the interim
appointment.
An interim appointment may be authorized for a period not to exceed six (6) months from the
date of that appointment. The Employee Relations Officer may authorize an additional (6)
months extension for an interim appointment. All interim employees must meet the minimum
qualifications of the vacant position.
A regular employee may be assigned to another interim classification which is equal to or higher
than the employee's regular classification. During the interim appointment period, the employee
will be assigned the title of the interim classification, in a step that is at least five per cent (5%)
higher than the current salary of the employee's regular classification, for the duration of the
interim appointment if the interim classification is a higher grade.
While serving in an interim capacity, a regular employee shall receive any benefits of the interim
classification which are over and above the employee's regular benefits. If an employee
receiving overtime benefits is assigned to an interim classification which does not receive
overtime benefits, the employee shall not receive overtime pay for the duration of the interim
period. The employee shall receive the Administrative Leave benefits of the interim
classification. A regular employee, in an interim classification, shall continue to accrue seniority
in their regular classification and shall be eligible to receive merit increases in the regular
position.
An interim employee who is not currently a City employee shall be compensated as outlined in a
written employment contract.
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If an interim employee is appointed to the position which the employee has been filling on an
interim basis, any time worked in the interim position may be applied towards fulfilling the
required probationary period.
Interim appointments shall not be construed to create or imply any right in any employee to be
permanently appointed to the job classification position that the employee is filling on an interim
basis. At the expiration of any interim appointment, the employee shall return to the employee's
regular job classification and shall also return to the rate of pay which corresponds to the regular
classification as if the employee never left the classification.
This section shall not be construed to prohibit the employment by contract of a person or entity
to provide services to the City of an interim, indefinite, or other basis.
3.30 "WORKING OUT OF CLASS": When an employee is assigned to significant duties and
responsibilities of an authorized job classification with a higher salary range on a full-time basis
for more than twenty-five (25) consecutive working days or more than fifty (50) working days in
a twelve (12) month period, a temporary salary adjustment shall be made to a higher salary range
and appropriate step therein until the employee ceases to perform such out -of -class work. It is
the City's intent to avoid working an employee on an out -of -class assignment for a prolonged
period.
An employee who believes that he/she has worked out -of -class for more than twenty-five (25)
consecutive working days or more than fifty (50) working days in a twelve (12) month period
may submit a written request for an out -of -class pay adjustment to the Department Director
within ten (10) working days after the employee has allegedly qualified for the out -of -class pay
adjustment. The Department Director shall review the request and forward a recommendation
thereon to the Employee Relations Officer within five (5) working days after completing a job
audit. The Employee Relations Officer shall render a decision thereon within five (5) working
days after receipt of the Department Director's recommendation.
If the Employee Relations Officer determines that the employee has been working out -of -class
for more than twenty-five (25) consecutive working days, the employee will be paid out -of -class
pay effective on the 26th day and for each successive day the employee works out -of -class.
If the Employee Relations Officer determines that the employee has been working out -of -class
for more than fifty (50) working days within any twelve (12) month period, the employee will be
paid out -of -class pay effective on the 51 st day and for each successive day during the twelve (12)
month period in which the employee works out -of -class.
In determining the appropriate step for purposes of calculating out -of -class pay, the employee
shall be compensated at the Step in the appropriate salary range which comes nearest to but not
less than five (5%) per cent higher than the Step the employee held in the previous salary range.
If the employee is subsequently appointed to the higher -level position, the employee may apply
time accumulated while working out -of -class towards fulfilling any required probationary
period. If and when the employee returns to the employee's former position, the employee shall
also return to the lower base pay.
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A regular employee working out -of -class shall continue to accrue seniority in his/her regular
classification and shall be eligible to receive merit increases in the regular position.
Nothing herein shall be construed as limiting management's authority to assign City employees
temporarily to different or additional work duties and responsibilities for the purpose of
responding to emergencies. Temporary assignment, while responding to an emergency, will be
for no more than three (3) months duration, but may be extended for an additional three (3)
months with Employee Relations Officer approval.
Nothing herein shall prevent an employee from receiving an interim promotion to fill a position
temporarily as a result of a vacancy, leave of absence, or industrial injury. Such an employee
shall be compensated in accordance with Section 3.15.
3.35 TRANSFER: An employee may transfer from their present position to a vacant position,
in the same classification, within the same department or to another department. For purposes of
this Section, a comparable classification is defined as one with the same salary range which
involves the performance of similar duties that require substantially the same general
qualification. A transferred employee shall retain their rate of pay and their anniversary date for
purposes of merit pay increases.
No employee shall be transferred to a position for which the employee does not possess the
minimum qualifications. A transfer shall not be used to effect a promotion, demotion,
advancement or reduction on pay. An employee who transfers to a lower grade position may be
Y-rated. The employee who desires to transfer must request the transfer, in writing, through the
Employee Relations Officer.
The Employee Relations Officer is under no obligation to notify employees of each potential
transfer opportunity. Once the transfer request is received by the Employee Relations Officer,
the Employee Relations Officer shall inform the Department Director of the request. The
transfer must be approved, in writing, by the Employee Relations Officer.
Unless otherwise provided for in these Policies, an employee must be employed with the City for
at least twelve (12) months, or until the employee has completed their probationary period,
before applying for a transfer. An employee may be requested to defer their transfer until their
current position has been filled, but typically, two -weeks notice will be given to the employee's
current department.
A request for transfer to a vacant position may be initiated by an employee or the employee's
Department Director. The Employee Relations Officer may order a transfer for the purposes of
economy, efficiency, or for reasons related to the best interests of the City. Such a determination
by the Employee Relations Officer shall not require the consent of the employee or the
Department Director.
3.40 PROMOTION: When it has been determined by the City that a vacant position will be
filled by promotional appointment, the Employee Relations Officer shall authorize a competitive
promotional examination in order to fill the position, as set forth in these policies.
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When an employee is appointed to a promotional position, that employee shall be paid at the step
in the higher salary range which is at least a five percent (5%) increase over the salary he/she
received in the lower step, in accordance with the provisions of Section 5.15. Any employee
who is promoted within City service shall be required to complete a six-month probationary
period in the new position successfully. If the employee's former position is still vacant, the
department director may recommend that the employee be reinstated to the former position. This
reinstatement must be approved by the Employee Relations Officer. If the employee's former
position is not vacant, the employee may be appointed to a position of the same classification in
a different department with the recommendation of the Department Director and approval by the
Employee Relations Officer. If no vacancy exists, the employee will be laid off from City
employment.
In the event a Level I position is eliminated and replaced with a Level II position, the City agrees
to first consider employees in the Level I position, and to make every reasonable effort to
promote an existing employee to the new Level II position. However, if after due consideration
of existing employees, the City determines that no employee is qualified for promotion, the City
retains the right to conduct outside recruitment.
3.45 DEMOTION: An employee may be demoted because the employee's ability to perform
the required duties of their position falls below standard, for disciplinary purposes, or for any
other reasons as outlined in these Policies. No employee shall be demoted to a position for
which the employee does not possess the minimum qualifications. The position which has been
made vacant by demotion shall then become subject to the provisions of these Policies which
govern appointments.
An employee shall not be required to serve a probationary period in the position to which the
employee is demoted unless the employee has not competed the probationary period in the
higher position. In such cases, the employee shall be required to complete their unfinished
probationary period in the lower position. The employee shall retain the salary anniversary date
the employee had in the higher position.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a
position at a lower salary grade than the position the employee formerly occupied, shall be
placed in the Step of the lower salary grade which is closest to, but lower than, the employees'
salary rate in the employee's former position. A demotion which is effected for disciplinary
reasons, pursuant to Section 9.35, shall be subject to the disciplinary appeals process.
3.45.2 Voluntary Demotion: A voluntary demotion to a lower post and lower salary
grade may be requested by an employee for any reason. Such a voluntary demotion shall require
the approval of the Employee Relations Officer, employee's present Department Director, and
the Department Director under whom the employee will serve, if applicable.
The voluntarily demoted employee shall be placed in the Step of the lower salary grade which is
closest to, but lower than, the employee's salary rate in the employee's former position. In lieu
of a reduction in salary, the Employee Relations Officer may approve a Y-rated salary for a
voluntarily demoted employee.
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3.50 RECLASSIFICATION: Existing positions, where the duties have changed materially so
as to necessitate reclassification, shall be reclassified by the Employee Relations Officer to a
more appropriate classification, whether new or existing. The Employee Relations Officer must
approve all new classifications. The City Manager is responsible for reclassifications to all
Department Director and executive positions. Regardless of the circumstances, the Employee
Relations Officer may require a competitive examination, and no incumbent shall have a right to
be appointed to a reclassified position. No person shall be appointed or employed to fill a
reclassified post unless the said reclassified position has been incorporated in the Classification.
Plan and approved by City Council, as provided by these Policies.
The employee or Department Director may submit a request for a job audit to the Employee
Relations Officer who shall determine if the reclassification is justified and provide a
recommendation to the City Manager for approval.
Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions,
promotions, or unit modifications. The Employee Relations Officer may conduct objective,
noncompetitive examinations to establish qualifications for the position.
The salary of an employee in a position that is reclassified shall be determined as follows:
3.50.1 Classification with Same Salary Range: If the position is reclassified to a
classification with the same salary range as the previous classification, and if the incumbent is
appointed to the reclassified post, the salary rate and the salary anniversary date of the employee
shall not change. The provision shall also apply to the change of classification title, provided
there is no change in the basic duties of the classification.
3.50.2 Classification with Higher Salary Range: If the position is reclassified to a
classification with a higher salary range than the previous classification, and if the incumbent is
appointed to the reclassified position, the employee shall be compensated at the Step in the new
salary range which comes nearest to, but is not lower than, the Step the employee held in the
previous salary range. The incumbent's salary anniversary date shall not change.
3.50.3 Classification with Lower Salary Range: If the position is reclassified to a
classification with a lower salary range than the previous classification, and if the incumbent is
appointed to the reclassified position, the Employee Relations Officer may approve a Y-rate
salary for the employee if the employee is at the top Step.
Otherwise, the employee's new salary at the lower grade shall be placed at a Step which yields a
salary closest to, but not less than, the current salary. The incumbent's salary anniversary date
shall not change. Benefits may be Y-rated, as specifically approved by the Employee Relations
Officer.
The effective date of reclassification shall coincide with the first working day of a pay period
after the reclassification is approved by the Employee Relations Officer and the new
classification is adopted by City Council, if necessary.
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL: Subject to City Council approval, the
Employee Relations Officer may lay off permanent and probationary workers at any time based
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upon: 1) lack of work; 2) budgetary reasons; 3) elimination of programs; or 4) elimination of
services. At least two (2) weeks written notice shall be given to any employee who is to be laid
off. If less than two weeks notice is provided, the employee will be paid for the difference
between the date of layoff and two weeks.
At the sole discretion of the Employee Relations Officer, a demotion or transfer to another
department or classification may be made to prevent a layoff, provided the employee is qualified
by education and/or experience and is capable of performing the duties of the classification. The
Department Directors, in consultation with the Employee Relations Officer, and as approved by
the City Manager, will effect the layoffs.
Reduction in Force (RIF): When it becomes necessary to reduce the work force in the City, the
Employee Relations Officer shall designate the job classification, division, department, or other
organizational unit in order to effect a reduction in the work force. Contract, temporary, part-
time, seasonal, or probationary employees in the same job classification as ones proposed to be
reduced within the City shall be laid off first. Although the Employee Relations Officer may
elect to do so, he/she is not required to allow laid off employees to "bump" employees in other
classifications unless the employee has previously successfully held a position in another
classification, in which case the laid off employee would be considered for layoff, if any, from
the previously held classification, along with others in that classification, in accordance with the
"Order of Layoff' set forth below.
Probationary promotional employees who are laid off shall, if applicable, be returned to their
former classification. Employees who accept lower positions or transfers in lieu of layoff shall
be placed at a salary range and step which yields a salary closest to existing salary at the time of
the giving of notice of layoff.
Order of Layo The order of layoff of regular employees shall be made in accordance with a
system which favors retention of the more meritorious employees, based upon evaluation of the
following factors in the listed order of importance:
A. The two most recent performance evaluation records as finalized and/or filed in the
Personnel Office, except when an employee has less than two years service with the
City. In that case, only one performance evaluation will be used.
B. Documents of disciplinary actions during the preceding twenty-four (24) months.
C. Seniority (length of service in a career position)
a. in the City; and
b. in the classification; and
c. in the department.
Other exceptional circumstances to deviate from this policy may include the desirability of
maintaining a department or work unit with adequate staffing to perform required service, and
maintaining employees in the classification, department or section who have demonstrated the
ability to perform work available.
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Seniority: Seniority is determined from the day of official appointment to a City department as a
regular employee, provided that any regular employee who, as a result of promotion, transfer or
voluntary demotion, is appointed to a regular position in another department shall, for purposes
of layoff, carry seniority previously acquired over to the new department.
Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding
two (2) years, any authorized leave of absence of less than three (3) months, or any call to
military service for the duration of the call to duty. Seniority shall not accrue during any other
break in continuous service, unless required by law.
Other Policies: Any employee who receives an involuntary transfer (except for disciplinary
transfers) shall have automatic "bumping rights" to the classification said employee was
involuntarily transferred from for up to six (6) months from the effective date of the involuntary
transfer in the event of layoff.
Recall List: The name of every regular employee who is laid off, transferred or demoted to a
classification in the same department for longer than one pay period due to a Reduction -in -Force
shall be placed on the Recall List maintained by the Employee Relations Officer. Vacancies to
be filled within a department shall be offered, first in order of performance, to individuals named
on the Recall List who, at the time of the Reduction -in -Force, held a position in the same job
classification within the department as the vacancy to be filled.
Individual names may be removed from the Recall List by the Employee Relations Officer for
any of the following reasons:
A. The expiration of two (2) years from the date of placement on the list.
B. Reemployment with the City in a regular full-time position in a department other
than that from which the employee was laid off.
C. Failure to respond within fourteen (14) calendar days of mailing of a certified letter
regarding availability for employment.
D. Failure to report to work within fourteen (14) calendar days of mailing of a certified
letter containing a notice of reinstatement to a position, absent mitigating
circumstances.
E. Request in writing to the Employee Relations Officer to be removed from the list.
Status on Reemployment: A regular employee who has been laid off or terminates in lieu of
reassignment and is reemployed in a regular position within two (2) years from the date of
his/her layoff or termination shall be entitled to:
A. Buy-back and therefore restoration of all sick and vacation leave credited to the
employee's account on the date of layoff or termination and at the same rate as it was
sold originally. This restoration must be requested in writing within thirty (30) days
of returning to work, and must be fully paid back within six (6) months of the return
to work.
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B. Restoration of seniority accrued prior to and during layoff.
C. Credit for all service prior to payoff for the purpose of determining the rate of accrual
of vacation leave.
D. Placement in the salary range as if the employee had been on a leave of absence
without pay if he/she is reinstated to the same job classification in the same
department from which he/she was laid off or terminated.
Continuation of Benefits: Those who are laid off shall have their medical insurance benefits
continued to the end of the second month following the date of their layoff in the event that they
are not covered by another medical plan at that time.
SECTION 4: RECRUITMENT AND SELECTION
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES: In adopting these Policies, it is the
goal of the City to employ the most qualified individuals and to achieve excellence in meeting
the needs of the community.
Employment and promotion in the City shall be based upon merit and qualifications and shall be
free from political influence and discrimination based upon religion, age, sex, sexual orientation,
marital status, race, color, national origin, ancestry, medical condition, political affiliation, and
mental or physical disability, unless physical ability is a bona fide occupational qualification.
Although not expressed in the classification specifications or job announcements, all persons
applying for or holding any position in the City shall be required to meet the following general
qualifications including, but not limited to: integrity, thoroughness, accuracy, good judgment,
initiative, resourcefulness, courtesy, ability to work cooperatively with others, willingness and
ability to assume and fulfill the responsibilities of the employment, and physical and mental
ability to perform the essential functions of the job with or without reasonable accommodation.
Where the position requires the driving of a motor vehicle, the applicant or employee must have
a valid California Driver's License, which must remain valid at all times, and is expected to drive
the motor vehicle safely.
The foregoing general qualifications shall be deemed part of the minimum qualifications of each
classification specification or job announcement and need not be specifically set forth therein.
4.10 PERSONNEL REQUESTS: To initiate the
responsible Department Director shall submit to
request containing at least the following information:
4.10.1 The classification (job) title;
filling of an authorized vacant position, the
the Employee Relations Officer a written
4.10.2 The justification for the position, including its budgeted salary, and
4.10.3 The duties, responsibilities and qualifications of the position in accordance with
the Classification Plan.
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Each request shall be reviewed by the Employee Relations Officer and approved by the City
Manager.
4.15 JOB ANNOUNCEMENTS: Job announcements providing information about the
position, its title and pay, its major responsibilities and duties, minimum and other qualifications,
where and when to apply, and the last day on which applications will be accepted shall be
prepared and distributed by the Personnel Department. All positions to be filled will be
publicized by posting announcements on the City's official bulletin boards and in such other
places deemed advisable by the Employee Relations Officer.
4.20 PERSONNEL APPLICATIONS: Applications for employment, transfer, or promotion
with the City shall be made on forms provided by the Personnel Department. All information
required by the application shall be provided and the applicant shall certify as to the truth
thereof. Resumes and other supplementary information may be submitted and attached to the
application for consideration, but may not be used as a substitute for the application. All
applications must be signed and dated by the applicant. Only original applications will be
accepted, no facsimile copies will be accepted.
4.25 DISQUALIFICATION OF APPLICATIONS: The Employee Relations Officer or
designee shall reject an application, or after examination, shall disqualify or remove the
applicant's name from an eligible list, if the applicant:
A. Has made false statements of any material fact, or practiced any deception or fraud
on the application, declarations or in securing eligibility or appointment;
B. Is found to lack any of the requirements, certifications, or qualifications for the
position involved.-
C. Is physically or mentally unable to perform the essential functions of the job, with or
without reasonable accommodation;
D. Is a current user of illegal drugs;
E. Is a relative of an employee, and is subject to the Nepotism Policy;
F. Has been convicted of a crime, either a misdemeanor or felony, that relates to the
position duties that the applicant would perform;
G. Used or attempted to use political pressure or bribery to secure an advantage in the
examination or appointment;
H. Directly or indirectly obtained information regarding examinations;
Failed to submit the employment application correctly or within the prescribed time
limits;
J. Has had his or her privilege to operate a motor vehicle in the State of California
suspended or revoked, if driving is job related;
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K. For any material cause which in the judgment of the Employee Relations Officer or
designee would render the applicant unfit for the position, including a prior
resignation from the City, termination from the City, or a significant disciplinary
action.
Any of the above cited grounds for disqualification, may be cause for termination or other
disciplinary action if the applicant is or subsequently becomes an employee of the City.
4.30 RECRUITMENT: It shall be the City's policy to recruit and hire the best qualified
persons available regardless of religion, age, sex, sexual orientation, marital status, race, color,
national origin, ancestry, medical condition, political affiliation, and mental or physical
handicap, unless physical ability is a bona fide occupational qualification.
While recognizing the need for introduction of persons from outside City employment at all
levels, the policy of the City is to transfer or promote persons employed by the City when their
qualifications, training, work performance, and work experience are determined to be
comparable to applicants from other sources.
The Employee Relations Officer shall determine whether the recruitment shall be open or
promotional, on the basis of ensuring an adequate number of candidates with appropriate skills to
constitute a competitive process. The decision of the Employee Relations Officer to conduct an
open or promotional recruitment shall be final.
Except as specifically provided otherwise in these Policies, selection for a position in City
employment shall be by one of the following types of examinations:
A. Open Competitive: Examinations which are open to all persons who possess the
indicated minimum qualifications as set forth in the job announcement. Applicants
for open competitive examinations may, but are not required to be, employees of the
City.
B. In -House Competitive: Examinations which are open only to City employees who
possess the indicated minimum qualifications as set forth in the job announcement.
Any variations to these procedures shall be reviewed by the Employee Relations Officer and
approved in writing by the City Manager.
4.35 EVALUATION OF APPLICATIONS: Each application shall be reviewed to determine
if the applicant satisfies minimum educational experience, type and years of job related
experience, certificates or licenses and any other requirements.
Selection techniques shall be impartial and relate to those areas which will adequately and fairly
indicate the relative capacity of the applicants to perform the duties and responsibilities of the
position to which they seek appointment.
The selection procedure may consist of personal interviews, performance tests, evaluation of
work performed, work samples, assessment centers, other written tests, review and investigation
of personal background and references, medical examination, psychiatric examination, or any
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combination thereof. The Employee Relations Officer may, at his/her discretion, include as a
part of the examination process, tests which determine whether applications meet minimum
qualifications.
In all examinations, the minimum grade or standing for which eligibility may be earned may be
based upon all factors in the examination, including educational requirements, experience and
other qualifying elements as shown in the application of the candidate of other verified
information. Failure in one part of the examination may be grounds for declaring the applicant
as failing in the entire examination, or as disqualified for subsequent parts of an examination.
4.40 CANDIDATES' EXAMINATION INSPECTION: By appointment with the Employee
Relations Officer, an applicant shall have the right to review his/her own written test, interview
scores or other test results within ten (10) working days after announcement of the recruitment
results. However, no applicant shall be allowed to examine the test key as part of his/her
examination inspection. The names of all interviewers shall be kept confidential.
Any error in rating or grading shall be corrected if it is called to the attention of the Employee
Relations Officer at the time the applicant reviews his/her examination. Any applicant whose
corrected score meets or exceeds the examination's established passing score will be placed on
the applicable eligibility list for the position, if one exists. Any correction shall not invalidate an
appointment or offer of employment that has been made previously.
4.45 NEPOTISM POLICY: Except as specified below, an applicant for employment by the
City who has a relative employed by the City may not be denied the right to apply for
employment and compete in the examination process. Following the examination, if the
applicant is successfully certified as eligible for employment, the applicant may be denied
employment if the Employee Relations Officer and the City Manager determine that such
employment would create a prohibited relationship. A prohibited relationship may result under
the following circumstances:
1. One employee would have a supervisor -subordinate relationship with another
member of his/her immediate family (as defined in Section 1.25.51).
2. Two members of the same immediate family would be under the jurisdiction of
the same immediate supervisor.
3. One employee would have access to confidential or financial information
concerning another member of his/her immediate family.
4. One employee would have the power or authority to make recommendations or
decisions about another member of his/her immediate family which could or would have a
financial or other impact upon the employee's relative.
5. One employee would have the authority to discipline a member of his/her
immediate family.
The City Manager reserves the right to identify additional circumstances in which a prohibited
relationship may occur.
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Any immediate family member of the City Manager, Finance Director or Employee Relations
Officer will not be considered for employment in any capacity by the City. For the purposes of
this paragraph, immediate family member is defined as: grandparent, parent, spouse, child, aunt,
uncle, or first cousin by marriage, adoption or blood.
When the eligible candidate is refused appointment by virtue of this section, the name of the
candidate shall remain on the eligibility list for openings in the same classification as otherwise
provided in these policies, where no prohibited relationship may occur.
In no case may an employee participate directly or indirectly in the recruitment or selection
process for a position for which the employee's relative has filed an employment application.
Where two relatives are working in the same department, division or office at the time these
policies are adopted, or if an event occurs in which a familial relationship is established between
two employees who work in the same division or office (i.e., if a marriage results in a spousal or
in-law relationship), the relationship shall not be deemed as "prohibited relationship" unless the
employees' mutual employment creates a legal conflict of interest.
As stated above, if a familial relationship exists or is established, the employees may continue in
their positions so long as the conditions of a prohibited relationship are not met. If, in the
determination of the Department Director, such a prohibited relationship does or would exist, the
Department Director shall submit the reasons for his/her determination to the Employee
Relations Officer for review.
The Employee Relations Officer shall have one (1) week to investigate the Department
Director's findings and determine if a prohibited relationship does exist.
If the Employee Relations Officer's review confirms the existence of a prohibited relationship,
he/she shall submit his/her findings to the City Manager who will make the final determination
as to the existence of a prohibited relationship and inform the Employee Relations Officer. At
this time, the Employee Relations Officer and Department Director shall promptly inform the
employees of the City's intention to transfer one of the employees to a vacant position of
comparable pay and duties in another City division or office, provided that the transferee is
qualified therefore and that no offer of employment to fill the vacant position has been made to
any other eligible candidate.
If a position of comparable pay and duties is not open but one in a lower classification is vacant,
either of the employees may elect to voluntarily demote to the lower position, provided that the
vacant position is in another department, division or office; that the employee is qualified to fill
the position; and that the position has not been offered to another candidate. Any voluntary
demotion which occurs as a result of this section shall be in accordance with the provisions set
forth in Section 3.45.2. In the event that a transfer or voluntary demotion is not feasible within
the time limit set herein, the affected employees shall decide which of them will resign from City
employment.
If a transfer or voluntary demotion is not feasible and neither employee has submitted a letter of
resignation within three weeks following determination that a prohibited relationship exists, the
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Employee Relations Officer and Department Director, with approval of the City Manager, shall
determine which of the employees shall be terminated in good standing.
Regardless of which procedure is utilized (transfer, voluntary demotion, resignation, or
termination in good standing) it shall become effective one month after the City Manager has
concurred with the Employee Relations Officer's determination that a prohibited relationship has
been established. This one -month limit may be extended up to an additional two months with
written approval of the Employee Relations Officer, provided that personal or organizational
considerations mandate such an extension.
Except as hereinafter provided, an employee who has been terminated in good standing because
of the operation of this section may be reinstated to the position which he/she held at the time of
termination, or to a position of equal seniority, status and pay. In order to be eligible for
reinstatement, he/she must be reinstated to a position in a department, division or office where a
prohibited relationship would not be established (or reestablished); the position must be open;
and the employee must meet the qualifications for the position. This right of reinstatement shall
be effective only through the 90-day period immediately following the effective date of
termination, and the terminated employee shall have the same right to reinstatement as
employees who have voluntarily resigned in good standing, up to an additional nine months.
The decision of the City Manager, based upon his/her review and recommendations of the
Department Director and Employee Relations Office to transfer, voluntarily demote, resign, or
terminate an employee in good standing (pursuant to this section), is not subject to any appeal or
grievance procedure.
4.50 DRIVING SAFETY CHECK: A verifiable and acceptable driving record shall be
required of each final candidate for employment whose position requires the employee to drive a
City vehicle, or personal vehicle on City business, as an essential function of the job. The
Employee Relations Officer shall have the right to conduct periodic, random verification of
driving records of employees.
Driving a City vehicle without possessing a valid driver's license is not permitted and may result
in disciplinary action up to and including termination. Employees shall notify their Supervisors
immediately if their license is expired, suspended, or revoked.
4.55 ELIGIBILITY LISTS: Lists of applicants to be considered for job openings in a
particular classification may be established for open competitive or promotional competitive
positions. An eligibility list shall be a list of persons who have taken an open competitive or
promotional competitive examination for an advertised City position and have qualified for said
classification. Each such list shall bear an expiration date. The hiring department may appoint
any candidate on the eligibility list, regardless of ranking, provided all candidates with higher
rankings have been interviewed.
Eligibility lists shall remain in effect for twelve (12) months or until exhausted, whichever
occurs first. An eligibility list may be terminated at any time when less than three (3) eligible
candidates remain.
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The Employee Relations Officer, upon either the Employee Relations Officer's determination or
the recommendation of the Department Director, may remove a name from an eligibility list for
any of the following reasons:
A. If the eligible person accepts an appointment with the City to a regular position of the
same or higher classification. Acceptance of a temporary appointment at any level
will not in itself be cause for removal from an eligibility list. An eligible person may
refuse an appointment to a particular position and request to remain on the eligibility
list.
B. If the eligible person requests in writing removal from the list.
C. If the eligible person fails to respond within fourteen (14) calendar days to a
notification or letter which has been mailed to the person's last address on file with
the City.
D. If the eligible person is unable to accept any offered position.
E. If a person on a promotional eligibility list resigns from City employment
F. If other circumstances, such as conviction of a crime involving moral turpitude or
loss of a required license, make the person ineligible.
Placement on an eligibility list does not guarantee employment with the City of La Quinta.
If a vacancy exists in a classification for which there is no appropriate eligibility list, the
Employee Relations Officer may prepare a list from one or more existing related lists by
selecting names of eligibles from eligibility lists for classifications which are assigned to the
same or higher pay range and which have minimum qualifications similar to those of the
classifications which the vacancy exists.
4.60 FINAL DECISIONS OF SELECTION: The Department Director or designee shall
recommend a final candidate for appointment to a vacant position to the Employee Relations
Officer. All appointments shall be subject to Employee Relations Officer's review and City
Manager's final approval before becoming effective. If the selected candidate accepts the
appointment and reports for duty within the agreed upon time, the applicant shall be deemed
appointed to the position.
If the selected candidate does not report to duty within the agreed upon time, the candidate shall
be deemed to have declined the appointment. By mutual agreement of the Department Director,
the Employee Relations Officer and the candidate, the date of the appointment may be changed.
4.65 PRE -EMPLOYMENT PHYSICAL: Each person accepting employment with the City
shall be required at the City's option to successfully complete a pre -employment physical at a
City designated medical facility at City cost before an appointment to such employment becomes
effective.
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This Section shall also apply to changes of employment within the City when the new position
places substantially more physical demands upon the employee. The results of the examination
shall be kept confidential in a separate file and shall be viewed only to assess whether the
employee has the ability to perform the essential functions of the job, with or without reasonable
accommodation.
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION: At the time of employment, all
persons employed by the City of La Quinta shall be citizens of the United States or legal
residents for purposes of employment.
4.75 PROBATIONARY PERIOD: The first twelve (12) months, or any duly extended period,
of all initial appointment in a regular position shall be deemed a probationary period. The first
six (6) months, or any duly extended period, of all promotional employment appointments shall
be deemed a probationary period. The probationary period shall commence upon the effective
date of the appointment.
During the probationary period for an initial appointment, an employee may be terminated
without the right of appeal, hearing, or resort to any grievance procedure. The probationary
period (of either an initial or probationary appointment) may be extended up to an additional six
(6) months, at the discretion of the Employee Relations Officer. The decision to extend the.
length of an employee's probationary period must be made prior to the expiration of the original
probationary period. Such a decision shall not be appealable or grievable.
An employee who fails to complete the employee's promotional probationary period
satisfactorily may be reinstated to the position in the same classification from which the
employee was promoted, depending upon availability of the position, unless discharged from the
City service as provided in these Personnel Policies.
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT: Except as otherwise
hereinafter provided, no person convicted of a misdemeanor involving moral turpitude or a
felony shall be eligible for employment in the service of the City; however, the Employee
Relations Officer may disregard such conviction if he/she finds and determines that mitigating
circumstances exist, such as, but limited to, evidence of rehabilitation, length of time elapsed
since such conviction, the age of such person at the time of conviction, or the fact that the
classification applied for is unrelated to such conviction.
Only the City Manager, City Attorney, and the Employee Relations Officer are authorized to
have access to the "State Summary Criminal History Information" as provided for in Section
11105 of the Penal code of the State of California.
4.85 RESIGNATION: Employees who desire to terminate their service with the City should
submit a written resignation to the Department Director at least two (2) weeks prior to the
effective date of the resignation. The resignation becomes effective when received or confirmed
in writing by the City. The resignation may be revoked upon mutual consent of the employee,
Department Director and the Employee Relations Officer up to the effective date of the
resignation. Failure to comply with this requirement may be cause for denying future
employment with the City.
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SECTION 5: COMPENSATION AND EVALUATION
5.05 SALARY AT APPOINTMENT: Except as otherwise stated in this Section, all new
employees shall be appointed at the first Step of the salary range to which their class is assigned.
When the proposed employee's education, training and experience are deemed superior and
justify a salary in excess of the first Step, the Department Director may recommend to the City
Manager offering employment in excess of Step A. City Manager approval must be obtained
prior to making an offer of employment. All. final appointments are subject to the City
Manager's approval, regardless of the Step at which the employee is appointed.
5.10 EMPLOYEE PERFORMANCE EVALUATION: Regular reports on forms prescribed
by the Employee Relations Officer shall be made as to the efficiency, competency, conduct and
merit of all employees appointed by the City Manager. Performance evaluations are required to
be given at after twelve (12) months at the completion of an initial probationary appointment, or
after six (6) months at the completion of a promotional probationary appointment and annually
thereafter.
As outlined in Section 4.75, any decision to extend an employee's probationary period must be
made prior to the expiration of the original probationary period.
Any evaluation which warrants a merit increase but is not completed by the designated review
date shall be retroactively paid back to that review date. In addition to those occasions
referenced by this Section, a Supervisor may render a performance evaluation at any time when
performance issues arise, whether positive or negative, when there is a change in assignment
and/or when there is a change in supervisor or management.
During the performance evaluation meeting, the employee and Supervisor shall review and
discuss the employee's significant accomplishments, training, problem or improvement areas,
and future development and objectives. After reviewing the job description, duties, and any
established performance standards for that position, an evaluation shall be made by the
Supervisor as to whether the employee's performance meets City standards.
An explanation must accompany any unacceptable or conditional judgment. The employee shall
have an opportunity to review the employee's performance evaluation report and agree or
disagree with it.
Based upon the Performance Evaluation Report, the Supervisor may make appropriate
recommendations to the Employee Relations Officer regarding a possible merit increase,
promotion, or other action. City Manager approval is required for all such actions.
The Employee Relations Officer reserves the right to review performance evaluation prior to
review with the employee.
The employee shall have the right to attach a written response to the corresponding performance
evaluation in his/her personnel file. This response must be made within ten (10) working days of
receiving the evaluation.
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No other administrative reply or appeal shall be allowed.
The employee and Supervisor must sign and date the report. If the employee refuses to sign the
report, the Supervisor shall note this fact and any circumstances surrounding the employee's
refusal on the Performance Evaluation Report. Copies of the report shall be distributed to the
employee, the Department Director and Employee Relations Officer.
Performance evaluations shall not be subject to the grievance process. (See Section 12.10.2).
5.15 PROGRESSION ON MERIT STEPS:
5.15.1 Regular Full-time and Regular Part-time Employees shall earn Merit Step
increases based on meeting or exceeding satisfactory performance of duties in the overall rating,
as follows:
A. Normal Progression: From the date of employment until the successful conclusion of the
probationary period, no Merit Step increase shall be granted. At the end of a successful
probationary period, the employee may become eligible for a Merit Step increase provided that
the employee's overall performance makes the employee eligible for consideration for such.
Thereafter, consideration of possible eligibility for Merit Step increases shall occur at twelve
(12) month intervals, provided the employee's performance meets the required criteria set forth
herein, until such time as the employee reaches the top salary step available for the employee's
position. Employees must achieve at least an overall "meets job standards" to be deemed to be
eligible for consideration of a Merit Step increase. An employee who merely meets job
standards is not, thereby, guaranteed a Merit Step increase. An employee who receives an
overall performance mark less than "meets job standards" shall not be eligible for consideration
of a Merit Step increase. Nothing in this Section shall preclude the City from adopting new
evaluation procedures and forms.
B. Promotional Progression: From the date of promotion until the successful conclusion of
the probationary period, no Merit Step increase may be granted. When an employee is promoted
to a classification with greater salary range, his/her salary increases to an appropriate Step within
the grade of the new job classification. An employee who is promoted shall be compensated at
the Step in the new salary range which comes nearest to but not less than five (5%) per cent
higher than the Step the employee held in the previous salary range.
All promoted employees who successfully pass their probationary periods are eligible for a Merit
Step increase to the next Step in the salary range of their new classification, again provided they
satisfy the eligibility criteria set forth herein, and annually, thereafter, from the date of the
promotional review until the employee's salary reaches the last Step within the grade.
5.20 SALARY ANNIVERSARY DATE: The employee's salary anniversary date shall be
twelve (12) months after the hire date or at the conclusion of the employee's probationary period
(whichever is latest), and annually thereafter. If the employee is promoted, demoted or
reclassified the employee's hire date shall be the date of the personnel action and the salary
anniversary date shall be adjusted as outlined in these policies.
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5.25 BILINGUAL COMPENSATION:
5.25.1 Bilingual Pay: Each full-time employee who has qualified for bilingual
compensation under Section 5.25.2 shall receive additional compensation of $.25 per hour. If a
Department Director determines that an employee spends more than 50% of his/her work time
performing bilingual duties the amount of additional compensation shall be $.50 per hour. Upon
verification of the employee's qualification by the Employee Relations Officer (E.R.O.), the
employee shall receive bilingual compensation to commence as of the next pay period.
5.25.2 Eligibility: The E.R.O. will designate at least one full-time employee to perform
bilingual services for the public to all City departments. Selection of the designated employee(s)
will be based upon: 1) bilingual ability as determined by scores on a recognized standardized
test selected by the E.R.O. and administrated through a testing process determined by the E.R.O.;
and 2) accessibility to the public. The designated employee(s) shall provide both verbal and
written translation services to the public in addition to their normal work duties.
Additional employee(s) will receive bilingual compensation if, as part of their job function and
duties, they provide verbal bilingual translation for the public within their department on a
regular basis. A Department Director who determines that an employee is providing bilingual
translation services on a regular basis will certify the same to the E.R.O. who shall then schedule
the employee to take a standardized test.
5.25.3 Retesting: Each employee who is authorized to receive bilingual compensation
shall be retested every other year in the month of July, beginning in July 2000, and must
successfully pass the retest to continue receiving the additional compensation.
5.25.4 Discontinuing Compensation: If the bilingual skill is no longer needed or the
employee is no longer required to use it or ceases to possess it, the Department Director shall
terminate the bilingual compensation by written notice to the E.R.O. The E.R.O. may also
terminate the bilingual compensation if he/she makes a like determination, and shall notify the
Department Director. In either case, the Department Director shall notify the employee.
An employee not receiving bilingual compensation shall not be required to perform bilingual
services.
SECTION 6: ATTENDANCE AND HOURS OF WORK
6.05 WORK WEEK AND OVERTIME: The work week for City employees shall begin at
12:01 A.M. on Monday, and end at 12:00 P.M. (midnight) on Sunday. The basic work week for
full-time employees shall be forty (40) hours, rendered in units of eight (8) hours per day. The
City may assign a different work week when it is deemed to be beneficial to the City. Except in
cases of emergencies, the City will provide a two -week advance notice of schedule changes.
For any illness or emergency absence from work, the employee must notify his/her supervisor
within the first half-hour of normal reporting time unless extraordinary circumstances prevent
such notification. Each Department Director is responsible for establishing a specific department
call -in policy and procedure, and for insuring that each employee is advised of the policy and
procedure.
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General non-exempt posit ions: For general non-exempt positions which do not meet one of the
FLSA exemption categories, overtime shall consist of time actually worked in excess of fortv
(40) hours in a work week. Floating holidays, sick leave, vacation or compensatory time will not
be included as time worked for purposes of calculating FLSA overtime. Legal holidays, for
which City offices are closed, will be recognized as time worked for purposes of calculating
overtime. If state law should change to mandate that public employees be paid overtime after
eight hours work in one day, the City agrees to amend Section 6.05 to reflect such change.
Overtime for general non-exempt employees shall be compensated in one of the following two
ways:
A. As paid time at one and one-half the regular rate of pay; or
B. As compensatory time accrued at one and one-half the regular rate of pay.
Prior to authorization of overtime, the employee and his/her supervisor shall agree as to how the
employee shall be compensated (paid time or compensatory time). If the employee and
supervisor cannot agree on the method of compensation, the supervisor may ask another
employee to perform the overtime work. If the supervisor requires that a particular employee
perform the overtime, but they are unable to agree on the method of compensation, the employee
shall be given his/her choice of compensation (paid time or compensatory time).
Compensatory time is vested time, and must be used or paid upon termination of employment.
6.10 NO GUARANTEE OF HOURS: Nothing contained in these Policies shall be construed
to constitute a guarantee of minimum hours of work per day or per work week or of days of work
per work week, provided that when reasonably possible at least fourteen (14) calendar days
advance notice shall be given to each employee whose work hours are to be reduced. When
economic conditions dictate, management may direct a reduction of hours, a furlough, or a
reduction -in -force.
6.15 STAND-BY AND CALL-BACK POLICY: Policies relating to stand-by and call-back
duty shall be established by the Employee Relations Officer. (For more information on stand-by
and callback requirements and compensation; reference Section 14.35).
6.20 TIME SHEETS: All City employees must complete time sheets showing hours worked
and leave taken. Time sheets must be signed by the individual employee, the employee's
Supervisor and Department Director. Time sheets will be reviewed and audited by the Finance
Department.
Notice of any correction(s) to the time sheet will be sent to the employee and the Department
Director. Such corrections will be deemed final unless questioned by the employee within thirty
(30) days after notice of correction has been given to the employee. Unresolved matters may be
taken to the Employee Relations Officer for review and recommendation. Final determination
shall be made by the Employee Relations Officer.
6.25 ABANDONMENT OF EMPLOYMENT: An employee who is absent, without
authorized leave, for three (3) or more consecutive work days is deemed to have resigned his/her
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employment with the City. If the Department Director, with the concurrence of the Employee
Relations Officer, determines that extenuating circumstances exist, the resignation may be
rescinded, in which case, the absence may be covered by leave, with or without pay, if so
approved by the Employee Relations Officer.
6.30 LUNCH AND BREAK POLICY: Employees may take one break in the morning (before
11:00 a.m.) and one in the afternoon (after 2:00 p.m.). Break periods shall not exceed fifteen (15)
minutes.
Non -compensated lunch periods shall be at least thirty (30) minutes, but no more than sixty (60)
minutes per day. Employees are expected to conform their lunch hours in accordance with
department schedules. As department schedules may not permit all employees to take lunch
between 12:00 noon and 1:00 p.m., the Department Director may authorize staggered lunch
periods throughout the late morning and early afternoon.
Break and lunch periods may be taken only in the time period for which they are designated and
may not be accrued. Extenuating circumstances, as determined by the immediate Supervisor,
may establish cause for variation from the scheduling of break and lunch periods.
Management employees are expected to conform generally to the established standard for
General Employees. Although flexibility is provided for salaried employees to exercise
judgment in maintaining their work schedule, this schedule should not be to the detriment of
work production.
SECTION 7: LEAVES
7.05 JURY DUTY AND WITNESS LEAVE: No employee shall be dismissed or in any
manner discriminated against for taking time off from work to serve as a juror or witness when
required by law provided such an employee complies with the provisions of this Section. An
employee called to serve as a juror or witness shall notify the employee's Supervisor at least one
(1) week prior to the commencement of such service, unless extenuating circumstances exist.
Any employee of the City called as a juror or witness shall be entitled to be absent from the
employee's duties with the City as long as required by the court system or other tribunal. The
employee may be required by their Department Director to obtain a jury calendar or assignment
sheet weekly during such service. The jury calendar or assignment sheet shall be signed by the
jury clerk or commissioner and delivered to the employee's Supervisor at the end of each week
to verify jury duty or witness service.
If a regular employee on an alternative work schedule is summoned for jury duty, the
Department Director or designee shall convert the employee's usual work shift to a regular five
(5) day, Monday through Friday shift basis. An employee required to serve on jury duty shall be
entitled to the employee's regular rate of pay, provided the employee deposits any fees for
service, excluding mileage, with the City. A temporary, seasonal, or emergency employee called
for jury duty will not be compensated for time lost while on jury duty, but shall be entitled to
retain the employee's jury fees.
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Any employee required to be absent from work on behalf of the City by proper subpoena issued
by a court or other legally empowered agency, shall be entitled to be absent from work at the
employee's regular rate of pay, provided that any fees, except mileage, are deposited with the
City. An employee required to be present as a witness in any other matter shall not be entitled to
be paid during such absence.
An employee who is released by the court from jury duty on any regularly scheduled work day
shall contact his or her Supervisor to find out whether he or she is required to return to work. An
employee who is scheduled for stand-by duty while serving on jury duty shall be rescheduled for
stand-by duty after the conclusion of jury duty, unless the employee agrees to serve both.
7.10 PREGNANCY DISABILITY LEAVE: Pursuant to Government Code. Section 12945, a
pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months
so long as the employee's attending physicians certifies that she is physically unable to work due
to pregnancy or pregnancy -related conditions. At the commencement of a pregnancy leave of
absence, employees have the option of using accrued sick leave, vacation, compensatory time -
off, or administrative leave allowances, as well as disability pay, and thus, continuing to receive
pay. City pay will cease when all accrued allowances have been used, and the employee shall
receive leave without pay and be subject to all policies except as modified herein. The use of
accrued time -off shall not extend the length of the leave.
When an employee is on pregnancy disability leave, the City shall continue its share of payment
for insurance benefit premiums (i.e., health, life, AD&D, vision, disability, dental) for the
employee and her dependents. The City's continuation of payment of PERS retirement
contributions is dependent upon the disability plan in effect at the time the disability leave is
requested. Vacation time, sick leave, administrative leave, and holidays shall not accrue during a
pregnancy leave of absence unless the employee is continuing to receive their full customary pay
by utilizing accrued sick leave, vacation, compensatory time -off or administrative leave
allowances. If an employee elects to receive pay for less than their full customary pay, all
employee benefits (other than the insurance benefits listed above) will be pro -rated. Employees
on pregnancy disability leave may also be eligible for benefits under the State Disability
Insurance Plan (SDI) or the City's Long -Term Disability Program. Employees must file a claim
in order to receive these benefits. Forms are available from the City's Personnel Office.
If an employee takes a pregnancy disability leave of absence while on probation, her
probationary period shall be extended the same length of time as the pregnancy leave. Any
extensions of the probationary period which arise as a result of this policy shall not be perceived
as casting aspersions on any employee, but rather as a way to more accurately monitor employee
performance.
A request for pregnancy disability leave of absence should be submitted by the employee as soon
as feasible after the employee learns of her disability. The employee must provide a written
statement from her physician indicating the date the physician believes the leave of absence
should begin and the estimated date of birth and -the estimated date the employee will return to
work.
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The City may require a pregnant employee who wishes to continue working to provide a
physician's statement approving the continuance of her current work duties.
Before returning to work following a pregnancy disability leave of absence, the employee shall
submit a physician's verification stating the employee's ability to return to work. Unless the
leave is otherwise extended, the employee shall be required to return to work full-time.
Upon expiration of the approved leave, the employee shall be reinstated to her former position or
to a comparable one if the former position is abolished during the period of leave and the
employee would otherwise not have been laid -off. The comparable position is one having
similar terms of pay, location, job content and promotional opportunities. Failure to return to
work after the authorized four month leave period causes the employee to have no reinstatement
rights. Additionally, an employee who fails to return to work may be required to reimburse the
City for the City's contribution for health benefits during the pregnancy disability. leave.
7.15 MILITARY LEAVE: Military Reserve Leave shall be granted under the provisions of
State and Federal law, which in pertinent part at the present time, defines "military duty" ordered
for purposes of active military training, encampment, naval cruises, special exercises, or like
activity as such member, provided that the period of ordered duty does not exceed one hundred
eighty (180) calendar days in a fiscal year, including time involved in going to and returning
from the duty, but not for inactive duty (for training) such as scheduled reserve drill periods.
For the purposes of this Section, "active military training" shall be defined as a period of training
(i.e. encampment, naval cruises, special exercises, or like activities) which normally occurs once
a year over a two -week interval. "Inactive duty for training" and "scheduled reserve drill
periods" shall be defined as the weekend period of training which are scheduled once a month.
Such weekend drills do not conflict with normal working hours within the City.
Employees must submit a copy of military orders to their Department Director and the Employee
Relations Officer prior to the beginning of the military leave period and as soon as the employee
knows of the need to request such leave, except where military necessity dictates.
Regular and probationary employees shall receive their full regular pay during the first thirty
(30) calendar days of "military leave" in any one fiscal year. After the first thirty (30) days of
military leave in a fiscal year, employees may take a leave of absence without pay or they may
utilize their vacation, administrative leave, or compensatory time -off in order to fulfill their
military duties.
Regular and probationary employees on a military leave of absence shall receive the same
vacation, sick leave and holiday privileges and the same rights and privileges to promotions,
continuance in office, employment, reappointment to office, or re-employment that they would
have enjoyed had they not been absent therefrom.
Contributions to retirement, life insurance and medical and dental plans shall be suspended after
the first thirty (30) consecutive calendar days of military leave until the employee is reinstated.
However, upon approval of a leave of absence without pay, the employee may elect to continue
benefits coverage at his/her own expense, with the exception of retirement.
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A leave of absence without pay in excess of forty (40) hours must be recommended bN, the
Department Director and approved by the Employee Relations Officer. No single leave of
absence without pay may exceed three months without approval of the Department Director.
Employee Relations Officer and City Manager.
Any leave of absence without pay of eight (8) hours or more shall result in a pro rata accrual of
vacation, sick leave or holiday credits. A leave of absence without pay of forty (40) hours or
more shall also result in a pro rata reduction of employer -paid health benefit payments, and shall
extend the employee's probationary period (if applicable) for the same length of time as to the
leave. After thirty (30) consecutive working days on a leave of absence without pay,
contributions to retirement, life insurance, medical, dental, or other designated benefit plans shall
be suspended until the employee is reinstated.
Upon expiration of an approved leave of absence without pay, the employee shall be reinstated in
the classification held at the time the leave was granted. Failure on the part of the employee to
report to work promptly at the expiration of the leave shall result in the employee being deemed
to have resigned from employment.
7.25 FAMILY AND MEDICAL LEAVE:
7.25.1 Statement of Policy
To the extent not already provided for under current leave policies and provisions, the City will
provide family and medical care leave for eligible employees as required by State and Federal
law. The following provisions set forth certain of the rights and obligations with respect to such
leave. Rights and obligations which are not specifically set forth below are set forth in the
Department of Labor regulations implementing the Federal Family and Medical Leave Act of
1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless
otherwise provided by this article, "Leave" under this article shall mean leave pursuant to the
FMLA and CFRA. Employees may use any accrued leave for the purposes of FMLA leaves, or
the time off may be taken as leave without pay.
7.25.2 Definitions
A. "12-Month Period" means a rolling 12-month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
B. "Child" means a child under the age of 18 years of age, or 18 years of age or older
who is incapable of self -care because of a mental or physical disability. An
employee's child is one for whom the employee has actual day-to-day responsibility
for care and includes a biological, adopted, foster or step -child.
A child is "incapable of self care" if he/she requires active assistance or supervision
to provide daily self -care in three or more of the activities of daily living or
instrumental activities of daily living - such as, caring for grooming and hygiene,
bathing, dressing and eating, cooking, cleaning shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and
directories, etc.
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Except for probationary employees, an employee's salary anniversary date shall be extended if
his/her military leave of absence is in excess of thirty (30) days per fiscal year. If an employee's
military leave of absence exceeds thirty (30) days per fiscal year, his/her salary anniversary date
shall be extended the same length of time as his/her leave of absence, minus the first thirty (30)
days (i.e. if the employee's military leave of absence is forty-five (45) days, the employee's
salary anniversary date shall be extended fifteen (15) days).
If an employee is required to perform military reserve duties while on probation, his/her
probationary period shall be extended the same length of time as the military leave. Such
extensions of salary anniversary dates and probationary periods which arise as a result of this
policy shall not be perceived as casting aspersions on any employee, but rather as a way to more
accurately monitor employee performance.
The City shall reinstate those employees returning from a military leave of one hundred eighty
(180) days or less to the position they occupied prior to taking a military leave of absence or to a
position of comparable seniority, status and pay, if such position exists, upon presentation of a
certificate of satisfactory completion of service and if such employees are qualified to return to
their former positions.
If no such comparable position exists, the employee shall have the same rights and privileges that
he/she would have had if he/she had occupied the position when it ceased to exist and had not
taken a temporary military leave of absence.
Any employee who, in time of war or national emergency as proclaimed by the President or
Congress, is ordered by the military to active duty, shall have a right, if released, separated, or
discharged under conditions other than dishonorable, to return to his/her former classification
within six (6) months after termination of his/her active service with the armed forces, but not
later than six (6) months after the end of the war or national emergency. (Reference Government
Codes § 395, 146 and 395.05.)
Exceptions to this policy will occur whenever necessary to comply with applicable laws.
7.20 LEAVE OF ABSENCE WITHOUT PAY: Any regular or probationary employee who is
absent from work and not on leave of absence with pay shall be considered on leave of absence
without pay.
Leave of absence without pay shall be approved in advance and in writing. Any employee
requesting a leave of absence without pay shall utilize all of his/her accrued compensatory time
off, administrative leave, vacation time, and sick leave, if appropriate, prior to the start of the
leave without pay. Determination of the granting of leave of absence without pay is not
grievable. An employee who does not receive prior written approval for leave of absence
without pay may be disciplined for such period of absence.
Department Directors may grant an employee leave of absence without pay for not to exceed
forty (40) consecutive hours. Such leaves shall be reported in writing to the Employee Relations
Officers.
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C. "Parent" means the biological parent of an employee or an individual who stands or
stood in loco parentis (in place of a parent) to an employee when the employee was a
child. This term does not include parents -in-law.
D. "Spouse" means a husband or wife as defined or recognized under California State
law for purposes of marriage.
E. "Serious health condition" means an illness, injury impairment, or physical or mental
condition that involves:
Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to
work, or perform other regular daily activities due to the serious health
condition, treatment involved, or recovery therefrom), or
2. Continuing treatment by a health care provider: A serious health condition
involving continuing treatment by a health care provider includes any one or
more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular
daily activities due to serious health condition of more than three
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition) that also involves:
i) Treatment of two or more times by a health care provider,
by a nurse or physician's assistant under direct supervision
by a health care provider, or by a provider of health care
services (e.g., a physical therapist) under orders of, or on
referral by, a health care provider; or
Treatment by a health care provider on at least one
occasion which results in a regimen of continuing treatment
under the supervision of the health care provider. This
includes, for example, a course of prescription medication
or therapy requiring special equipment to resolve or
alleviate the health condition. If the medication is over the
counter, and can be initiated without a visit to a health care
provider, it does not constitute a regimen of continuing
treatment.
b. Any period of incapacity due to pregnancy or for prenatal care. (This
entitles the employee to FMLA leave, but not CFRA leave. Under
California law, an employee disabled by pregnancy is entitled to
pregnancy disability leave.)
C. Any period of incapacity or treatment for such incapacity due to a
chronic serious health condition. A chronic serious health condition is
one which:
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i) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
iii) May cause episodic rather than a continuing period of
incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences
for such incapacity qualify for leave even if the absence
lasts only one day.
d. A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or
family member must be under the continuing supervision of, but need
not be receiving active treatment by, a health care provider.
e. Any period of absence to receive multiple treatments (including any
period of recovery therefrom) by a health care provider or by a
provider of health care services under orders of, or on referral by, a
health care provider, either for restorative surgery after an accident or
other injury, or for a condition that would likely result in a period of
incapacity of more than three consecutive calendar days in the
absence of medical intervention or treatment.
F. "Health Care Provider" means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or
surgery by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who
directly treats or supervises treatment of a serious health condition.
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist) authorized to
practice in California and performing within the scope of their practice as
defined under California State law;
4. Nurse practitioners and nurse -midwives and clinical social workers who are
authorized to practice under California State law and who are performing
within the scope of their practice as defined under California State law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts; and
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6. Any health care provider from whom an employer or group health plan's
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
7.25.3 Reasons for Leave
Leave is only permitted for the following reasons:
A. The birth of a child or to care for a newborn of an employee;
B. The placement of a child with an employee in connection with the adoption or foster
care of a child;
C. Leave to care for a child, parent or a spouse who has a serious health condition; or
D. Leave because of a serious health condition that makes the employee unable to
perform the functions of his/her position.
7.25.4 Employees Eligible for Leave
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; and
B. Has been employed for at least 1,250 hours during the 12-month period immediately
preceding the commencement of the leave.
7.25.5 Amount of Leave
Eligible employees are entitled to a total of 12 workweeks of leave during any 12-month period.
A. Minimum Duration of Leave: If leave is requested for the birth, adoption or foster
care placement of a child of the employee, leave must be concluded within one year
of the birth or placement of the child. In addition, the basic minimum duration of
such leave is two weeks. However, an employee is entitled to leave for one of these
purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks
duration on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself
with a serious, health condition, there is no minimum amount of leave that must be
taken. However, the notice and medical certification provisions of this policy must
be complied with.
B. Spouses Both Employed By The City: In any case in which a husband and wife both
employed by the City are entitled to leave, the aggregate number of workweeks of
leave to which both may be entitled may be limited to 12 workweeks during any 12-
month period if leave is taken for the birth or placement for adoption or foster care of
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the employees' child (i.e., bonding leave). This limitation does not apply to any
other type of leave under this policy.
7.25.6 Employee Benefits While on Leave
For the duration of the Family and Medical Leave, the City of La Quinta will maintain its current
payment for the employee's health coverage (medical, dental, prescription, and vision) under its
group health plan. The City may recover its costs for these benefits if the employee fails to
return to work after the conclusion of the leave.
7.25.7• Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request
immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 days notice is required. In addition, if an employee
knows that he/she will need leave in the future, but does not know the exact date(s) (e.g., for the
birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as
soon as possible that such leave will be needed. Such notice may be orally given. If the City
determines that an employee's notice is inadequate or the employee knew about the requested
leave in advance of the request, the City may delay the granting of the leave until it can, in its
discretion, adequately cover the position with a substitute.
7.25.8 Reinstatement Upon Return from Leave
A. Right To Reinstatement: Upon expiration of leave, an employee is entitled to be
reinstated to the position of employment held when the leave commenced, or to an
equivalent position with equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the employee had been
continuously employed during the FMLA/CFPA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave,
the employee will be reinstated on the date agreed upon. If the reinstatement date
differs from the original agreement of the employee and City, the employee will be
reinstated within two business days, where feasible, after the employee notifies the
employer of his/her readiness to return.
B. Employee's Obligation To Periodically Report On His/Her Condition: Employees
may be required to periodically report on their status and intent to return to work.
This will avoid any delays to reinstatement when the employee is ready to return.
C. Fitness For Dutv Certification: As a condition of reinstatement of an employee
whose leave was due to the employee's own serious health condition, which made
the employee unable to perform his/her job, the employee must obtain and present a
fitness -for -duty certification from the health care provider that the employee is able
to resume work. Failure to provide such certification will result in denial of
reinstatement.
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D. Reinstatement Of "Kev Employees": The City may deny reinstatement to a "kev"
employee (i.e.. an employee who is among the highest paid 10 percent of all
employed by the City within 75 miles of the work site) if such denial is necessary to
prevent substantial and grievous economic injury to the operations of the City and
the employee is notified of the
City's intent to deny reinstatement on such basis at the time the employer determines
that such injury would occur.
7.25.9 Required Forms
Employees must fill out the following applicable forms in connection with leave under this
policy:
A. "Request For Family or Medical Leave Form" prepared by the City to be eligible for
leave.
B. Medical certification - either for the employee's own serious health condition or for
the serious health condition of a child, parent or spouse;
C. Authorization for payroll deductions for benefit plan coverage continuation; and
D. Fitness for duty to return from leave form.
7.25.10 Leave for School -Related Activities for a Child: Pursuant to Labor Code 230.8,
an employee may use up to 40 hours of paid or unpaid leave annually to attend school -related
activities for a child.
7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE: All
injuries and illnesses arising out of and in the course of employment with the City, including first
aid injuries, shall be reported immediately to the appropriate Supervisor. The Supervisor shall
immediately notify the Personnel Department of the accident. The Personnel Department shall
be responsible for completing an "Employer's Report of Occupational Injury or Illness" within
five (5) days of knowledge of occupational injury or illness which results in lost time beyond the
day of the incident. The Personnel Department shall give the injured employee an "Employee's
Claim for Workers' Compensation Benefits" form within twenty-four (24) hours of employer
knowledge. The only exception to providing an Employee Claim is with respect to "first aid
claims".
Any employee incapacitated on account of an injury or illness arising out of and in the course of
employment may be entitled to:
7.30.1 Medical care to cure the injury;
7.30.2 Rehabilitation services necessary to return to work; and
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7.30.3 "Temporary disability" payments in lieu of lost wages, commencing three (3)days
after the injury occurs.
If an occupational injury or illness is severe and requires immediate medical attention, first aid
should be rendered and medical treatment should be obtained at the closest City -designated
medical treatment facility, For severe accidents occurring outside the City limits, medical
treatment should be obtained at the closest medical facility. Use of paramedic services is
automatically authorized if the injury is life threatening.
In the case of an occupational injury which requires medical attention within the first twenty-four
(24) hours or develops symptoms after the first twenty-four (24) hours following the injury, the
employee shall immediately notify the employee's Supervisor and the employee's Supervisor
shall notify the Employee Relations Officer. If the employee has not submitted a properly
completed "Employee Notification of Personal Physician" form to the Employee Relations
Officer for treatment of job -related injuries, all medical treatment shall be provided through the
City's designated medical service providers for the first thirty (30) days after the date of the
injury.
If the employee has submitted a properly completed "Employee Notification of Personal
Physician" form to the Employee Relations Officer for treatment of job -related injuries, an
appointment may be scheduled with the employee -designated medical service provider. The
employee shall notify the Employee Relations Officer prior to scheduling the appointment, if the
employee has chosen to be treated by an employee -designated medical service provider.
A regular employee who is disabled by injury or illness arising out of and in the course and
scope of the employee's duties shall suffer no loss in City pay or accrued sick leave for the first
three (3) days of absence from work because of such disability. If a regular employee's absence
persists in excess of three (3) days, the employee may be eligible for "temporary disability"
payments. The "temporary disability" payment an employee can expect to receive from
Workers' Compensation Insurance shall be determined by state law.
City policy allows for regular employees incapacitated by reason of an injury or illness arising
out of and in the course of their employment to receive a sum which, when added to the amount
of temporary disability payment, will result in a payment equal to such an employee's regular
compensation for a maximum period of one (1) year. The one (1) year period need not be
consecutive if the employee's absence is directly traceable to a single incident.
Such workers' compensation shall commence three (3) days after the injury occurs, or after
temporary disability begins, and shall conclude with the terminating of such a temporary
disability, upon reaching a permanent and stationary condition, as determined by competent
medical evidence, or upon the completion of one (1) year on-the-job injury leave, whichever
come first. Employees with injuries or illnesses that persist beyond one (1) year may be eligible
for Workers' Compensation temporary or permanent disability payments. Workers'
Compensation income is non-taxable.
Except for probationary employees, an employee's anniversary date shall be extended if the
employee's Workers' Compensation -related injury or illness is in excess of thirty (30) days per
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fiscal year. If an employee's Workers' Compensation -related injury or illness exceeds thirty (30)
days per fiscal year, the employee's anniversary date shall be extended the same length of time
as the injury or illness, minus the first thirty (30) days (i.e. if the employee's injury or illness is
forty-five (45) days, the employee's anniversary date shall be extended fifteen (15) days). If an
employee experiences a Workers' Compensation -related injury or illness while on probation, the
employee's probationary period shall be extended the same length of time as the injury or illness.
Such extensions of anniversary dates and probationary periods which arise as a result of this
policy shall not be a negative reflection on any employee, but rather as a way to more accurately
monitor employee performance.
Workers' Compensation Leave and benefits shall be granted to an employee upon presentation to
the City of properly completed claim form and presentation of a physician's certificate of
temporary disability status. A claim denied by the Workers' Compensation Board, a written
statement from the treating physician indicating that the employee's condition is permanent and
stationary, or separation from City service shall terminate an employee's eligibility for Workers'
Compensation Leave and any applicable benefits for that particular injury or illness.
The City maintains its right to require that an employee receiving Worker's Compensation
benefits see a City -designated physician on a periodic basis to determine the employee's
disability status. When an employee is given a permanent disability rating by the Disability
Rating Bureau of Workers' Compensation Appeals Board of the State of California, the
employee may return to work provided that the employee can perform their assigned duties
safely without endangering the employee's health or safety, or that of others.
The City also maintains its right to require an employee to return to work on a "limited duty"
status, provided that the employee has received authorization from the City -designated physician
as well as from the Employee Relations Officer and the Department Director. Such "limited
duty" status must be of a temporary nature, does not have to be in the same position or
department. and is subject to Employee Relations Officer approval.
Additional information concerning Workers' Compensation Leave or benefits may be obtained
by contacting the Employee Relations Officer.
7.35 DISABILITY LEAVE: Full time and part time (in excess of 30 hours per week)
employees may be eligible for disability leave from the City for non -industrial illness or injury of
a significant nature which would not be covered by the terms of Section 14.20, Sick Leave or
Section 7.25, Family and Medical Leave; although these leaves may run concurrently with
disability. Disability leave requires that the employee's attending physician certify that the
employee is physically unable to work and indicate the estimated length of leave necessary.
During said disability leave, the employee has the option of using accrued sick leave, vacation,
compensatory time -off or administrative leave allowances, as well as disability pay, and thus,
continue to receive full pay. City pay will cease when all accrued allowances have been used
and the employee will receive only disability pay.
When an employee is on, disability leave, the City shall continue its share of payment for
insurance benefit premiums (i.e., health, life, AD&D, disability, vision and dental) for the
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employee and dependents. The City's continuation of payment of PERS retirement contributions
is dependent upon the disability plan in effect at the time the disability leave is requested.
Vacation time, sick leave, administrative leave, and holidays shall not accrue during a disability
leave unless the employee is continuing to receive their full customary pay by utilizing accrued
sick leave, vacation, compensatory time -off or administrative leave allowances. If an employee
elects to receive pay for less than their full customary pay, employee benefits (other than the
insurance benefits listed above) shall be pro -rated.
If an employee's disability leave exceeds twelve (12) workweeks, participation in the group
health insurance plan shall terminate unless the employee elects to retain said coverage at the
employee's expense. This coverage shall be available under the same requirements and
restrictions of the COBRA Continuation as provided by the City's health insurance carrier.
If an employee takes a disability leave while on probation, the probationary period shall be
extended the same length of time as the disability leave. Any extension of the probationary
period shall not be perceived as casting aspersions on any employee, but rather as a way to more
accurately monitor employee performance.
Before returning to work following a disability leave of absence, the employee shall submit a
verification from their attending physician stating that the employee is able to return to work.
Unless the leave is otherwise extended, the employee shall be required to return to work full-
time.
Upon expiration of the approved leave, the employee shall be reinstated to their former position
or to a comparable one if the former position is abolished during the period of leave and the
employee would otherwise not have been laid -off. The comparable position is one having
similar terms of pay, location, job content and promotional opportunities. Failure to return to
work after the authorized leave causes the employee to have no reinstatement rights.
The City will hold a position available for an employee on disability leave for up to twelve (12)
workweeks. Beyond that length of time, the City may, at its sole discretion, elect to permanently
replace the employee.
The actual terms and benefits of the City's disability leave are governed by the disability
insurance program in effect at the time the disability leave is requested. Benefits are subject to
change at any time by the City. Employees should inquire about disability leave through the
office of the Employee Relations Officer.
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES
8.05 GROUNDS FOR DISCIPLINARY ACTION: Employee misconduct shall be cause for
disciplinary action. In addition to any actionable or other cause allowed by statute, ordinance or
law, the following nonexclusive listings shall constitute cause for disciplinary action (any one of
which may be sufficient basis to take disciplinary action up to and including termination):
8.05.1 Falsifying any information supplied to the City including, but not limited to,
information supplied on application forms, employment records, or any other City records,
reports, or document prepared by the employee.
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8.05.2 Incompetency.
8.05.3 Inefficiency.
8.05.4 Neglect of duty.
8.05.5 Insubordination; failure to follow instructions.
8.05.6 Dishonesty.
8.05.7 Consumption of alcoholic beverages or consuming controlled substances while on
duty or in such close time proximity thereof as to cause any detrimental effect upon the
employee or upon other employees.
8.05.8 The conviction of either a misdemeanor or a felony involving moral turpitude
shall constitute grounds for dismissal of any employee. The record of conviction shall be
conclusive evidence only of the fact that the conviction occurred. The Department Director or
designee may inquire into the circumstances surrounding the commission of the crime in order to
fix the degree of discipline, or the determination if such conviction is an offense involving moral
turpitude. A plea or verdict of guilty, or a conviction showing a plea of nolo contenders made to
charge a felony or any offense involving moral turpitude, is deemed to be a conviction within the
meaning of this Section. The Department Director or designee may suspend or dismiss said
employee when the time for appeal has elapsed or the judgment of the conviction has been
affirmed on appeal, or when an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal
Code of the State of California allowing such person to withdraw his plea of guilty and enter a
plea of not guilty, or setting aside a verdict of guilty, or dismissing the accusation or indictment.
8.05.9 Absence without leave.
8.05.10 Immoral conduct.
8.05.11 Discourteous treatment of the public or other employees.
8.05.12 Political activity precluded by state or federal law.
8.05.13 Misuse or unauthorized use of City property.
8.05.14 Violation of a City or departmental rule, policy, procedure, or these Policies.
8.05.15 Failure to possess or keep in effect any license, certificate, or other similar
requirement necessary for the employee to perform the duties of the job position or required by
such job classification.
8.05.16 Unlawful discrimination, including harassment, on the basis of race, religious
creed, color, national origin, ancestry, physical handicap, marital status, sex, or age against the
public or other employee while acting in the capacity of a City employee.
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8.05.17 Willful failure of good conduct tending to injure the public service.
8.05.18 Excessive absences, unexcused absence(s), or tardiness.
8.05.19 Misuse of sick leave.
8.05.20 Failure to report for health examination after due notice.
8.05.21 Two or more consecutive unsatisfactory performance evaluations.
8.05.22 Refusal to subscribe to any oath or affirmation which is required by law in
connection with City employment.
8.05.23 Any willful act of conduct undertaken in bad faith, either during or outside of
duty hours which is of such a nature that it causes discredit to the City, the employee's
department or division.
8.05.24 Inattention to duty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
8.05.25 Mental or physical impairment which render the employee unable to perform the
essential functions of the job without reasonable accommodation, or without presenting a direct
threat to the health and safety of self or others.
8.05.26 Outside employment not specifically authorized by the appointing authority.
8.05.27 Acceptance from any source of a reward, gift, or other form of remuneration in
addition to regular compensation to an employee for the performance of his or her official duties.
8.05.28 The refusal of any officer or employee of the City to testify under oath before any
Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation
of government bribery or misconduct in agency office is involved shall constitute of itself
sufficient ground for the immediate discharge of such officer or employee.
8.05.29 Willful violation of any of the provisions of the ordinances, resolutions or any
Policies, regulations or policies which may be prescribed by the City.
8.05.30 Working overtime without authorization.
8.05.31 Any other failure of good behavior which is of such nature that it causes discredit
to the City or his or her employment.
SECTION 9: DISCIPLINARY ACTIONS
9.05 DEFINITION OF DISCIPLINARY ACTION: "Disciplinary Action" means action taken
by the Department Director or designee for disciplinary reasons, pursuant to these Policies.
Nothing in these Policies requires imposition of disciplinary action in any particular order of
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severity or pursuant to the number of prior disciplinary actions. Such disciplinary actions
include:
A. informal discussion;
B. a formal warning;
C. a written reprimand;
D. disciplinary suspension;
E. reduction in pay;
F. demotion; or
G. dismissal.
9.10 INFORMAL DISCUSSION: An informal discussion is designed to clarify standards.
policies and procedures or Policies and regulations so that problems are resolved early and thus.
the need to utilize disciplinary action may be avoided. (Not appealable)
9.15 FORMAL WARNING: A formal warning shall be given in response to minor
misconduct. The warning should be prompt, constructive, and every effort shall be made for the
formal warning to be given in private. The Supervisor should include in the formal warning a
review of appropriate department standards and policies, employee performance expected in the
future and consequences for failure to correct performance or behavior. The formal warning
shall be written. (Not appealable)
9.20 WRITTEN REPRIMAND: A written communication to the employee that the same or
related offense has been committed. The written reprimand shall be given by the Department
Director or designated authority when a formal warning has not succeeded in stopping the
misconduct. or when the misconduct is considered so -serious as to warrant more than a formal
warning. Misconduct includes failure to meet City performance standards.
The Department Director should first counsel the employee about the misconduct, as if giving a
formal warning. At the end of the discussion, if no extenuating circumstances are discovered,
the Department Director will inform the employee that a letter of reprimand will follow and will
be placed in the employee's central personnel file located in the Personnel Office.
The written reprimand should include a full, accurate and factual statement of the reason for the
reprimand including the date and time of the event which is the cause of the reprimand, if
applicable, appropriate department standards and policies, employee performance expected in the
future and consequences for failure to correct performance or behavior. (Not appealable)
9.25 DISCIPLINARY SUSPENSION: Temporary removal of an employee from his or her
duties without pay for misconduct. Disciplinary suspensions without pay deprive an employee
of pay for any period up to sixty (60) working days and are given when serious misconduct or
repetition of past problems for which the employee has been reprimanded require a strong
management response. The nature of the offense, its severity and the circumstances dictate the
length of suspension. Recurrence of the same or similar offenses can result in a second or third
disciplinary suspension of progressively increased duration or in a dismissal. A disciplinary
suspension is given an employee when formal warnings or written reprimands have not been
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effective, or when the misconduct warrants more than a reprimand. Employees may be
suspended on the spot when there is a clear threat to the safety of other employees or the public.
9.30 REDUCTION IN PAY: Reduction in pay shall be a decrease in salary to a lower step
within the salary grade for disciplinary purposes. The decrease may be permanent or for a fixed
period of time. Denial of a merit increase or a reclassification downward is not discipline and
does not entitle an employee to notice or right of appeal.
9.35 DEMOTION: The Department Director may demote an employee for disciplinary
reasons or because the employee's ability to perform the required duties falls below standards for
that position, provided that the employee has been given a reasonable time to improve. Upon
request of the employee, and with the consent of the Department Director, demotion may be
made to a vacant position. No employee shall be demoted to a position unless he/she possesses
the minimum qualifications for such a position. The Employee Relations Officer must approve
all demotions.
9.40 DISCHARGE: Discharge, dismissal or involuntary separation of an employee from City
employment may be imposed when other disciplinary measures have failed, or when an act of
misconduct is deemed appropriate. A regular employee may be discharged for violation of these
Policies.
9.45 DOCUMENTATION OF DISCIPLINARY ACTION: All documented disciplinary
actions will be placed in the employees' personnel file.
A formal warning should be documented in the format prescribed by the Employee Relations
Officer. The employee shall receive a copy of the documented formal warning, and a copy shall
be placed in the employee's personnel file in the Personnel Department. If the employee chooses
to respond, that reply will also be placed in the employee's personnel file and be attached to the
Supervisor's record of formal warning.
If the. action taken is a disciplinary probation, a disciplinary suspension, a reduction in pay, a
demotion, or a dismissal, documentation shall be in accordance with Section 10. A copy of all
such disciplinary documents shalt be placed in the employee's central personnel file located in
the Personnel Department. The employee shalt acknowledge receipt, in writing, of a copy of
such disciplinary documents. If the employee refuses to acknowledge receipt, in writing, that
fact should be noted in writing.
SECTION 10: DISCIPLINARY PROCEDURES
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY: Pending investigation of an
accusation against an employee, the Employee Relations Officer may approve the temporary
administrative reassignment of an employee with or without pay, pending the undertaking or
completion of an investigation or opportunity to respond as may be required to determine if any
disciplinary action shall be taken.
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE: Prior to a
disciplinary suspension, a reduction in pay, a demotion, or a disciplinary discharge, the
procedure set forth in this Section shall be complied with.
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10.10.1 Written Notice: The employee's Supervisor shall give the employee a written
notice of the proposed disciplinary action at least five (5) working days prior to the effective
date. The written notice shall be personally delivered to the employee or sent by certified mail to
the employee's last known address.
The notice generally will include the following information:
A. A description of the proposed action to be taken and its proposed effective date or
dates;
B. The specific grounds and particular facts upon which the action is proposed to be
taken;
C. The employee's right to receive a copy of the written materials alleged to support the
proposed actions; and
D. A statement advising the employee of the right to respond, orally or in writing within
five (5) working days after receipt of the written notice.
E. That failure to respond by the time specified shall constitute a waiver of the right to
respond prior to final discipline being imposed.
10.10.2 Employee Review and Response: The employee shall be given an opportunity to
review the documents or materials upon which the proposed disciplinary action is based. Within
five (5) working days after receipt of the written notice, the employee shall have the right to
respond to the Department Director, orally or in writing, concerning the proposed action.
Failure to respond within the time specified shall result in the employee's waiver of the
employee's pre -disciplinary right to respond. By mutual agreement, the specified time period
may be extended.
10.10.3 Employee Rights and Restrictions:
A. Right to Representation. The employee has the right to a representative throughout
the pre -disciplinary process, at the employee's own cost. That representative is
chosen by the employee and may be an attorney, an outside representative, or another
City employee. If a City employee is selected as the representative, that employee's
Department Director must be notified in order to obtain permission to be absent from
assigned duties necessary to make representation. Such permission shall not be
unreasonably withheld.
B. Right to Investigate. The employee and the employee's representative wishing to
enter a work area for the purpose of investigating the notice of proposed discipline
must first obtain permission to do so from the work area Supervisor. Any
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investigation shall be conducted on non -working time unless the Department
Director has granted prior approval to use City time. Permission in either case shall
not be unreasonably withheld, giving consideration to the work of the department
and occupational safety.
10.10.4 Department Director Decision: The Department Director or designated authority
shall, within five (5) working days, unless the Department Director or designee decides a longer
period is needed, provide a written decision to the employee after reviewing the employee's
response, if any.
The decision shall be personally delivered to the employee or sent by certified mail to the
employee's response and shall be dated and signed by the Department Director. If disciplinary
action is to be taken, the written response shall include a statement informing the employee of
the right to appeal and the time period within which the appeal must be made.
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION: An appeal of a Department
Director's decision shall be made within five (5) working days of receiving the decision. An
appeal shall be accompanied by a copy of the written notice of disciplinary action served on the
employee, the Department Director's written decision, a brief statement of the facts and reasons
for the appeal and a brief statement of the relief requested.
If, within the five (5) day appeal period, the employee involved does not file an appeal, unless
good cause for the failure is shown, the action of the Department Director or designated authority
shall be final, and not subject to any further appeal or right to appeal. If an employee withdraws
the appeal, the employee waives the right to further review. Upon approval of the City Manager,
the Employee Relations Officer may act on his behalf on such matters.
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION: At any time before a disciplinary
action becomes final, the Department Director or designated authority may amend the proposed
disciplinary action and provide a supplemental notice of proposed disciplinary action.
A decision not to impose any disciplinary action may be accompanied by a directive from the
Department Director to delete all references to the pending action from the employee's personnel
file(s). Failure by the Department to make further investigations or to provide an additional
written answer shall not affect the ability of the City to impose disciplinary action.
If the amended or supplemental notice of proposed disciplinary action presents new causes or
allegations, the employee shall be provided further written notices proved in Section 10.10.1 and
shall be afforded the opportunity to prepare a response in accordance with Section 10.10.2.
SECTION 11: APPEAL HEARING PROCESS
11.05 HEARING OFFICER: The Hearing Officer is designated to hear appeals on Personnel
related matters, with the exception of grievances. The Hearing Officer shall be an outside
independent person (not employed by the City) who is qualified to hear such appeals. The
selection of the Hearing Officer shall be at the sole discretion of the City. If the employee
wishes to come to a joint decision with the City regarding the selection of the Hearing Officer,
then the employee shall pay for one-half (1 /2) of any costs of the Hearing Officer.
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11.10 REQUEST FOR APPEAL: Every appeal to the Hearing Officer must be filed within five
(5) working days in writing with the Employee Relations Officer. Failure to file a timely appeal
shall be deemed a waiver of the right of appeal. The appeal shall state the facts upon which it is
based, the action requested by the Hearing Officer and it shall be signed and dated by the
appellant. The statement of facts in the appeal shall provide in sufficient detail the necessary
facts and identify all persons or departments concerned in order that the Hearing Officer may
understand the nature of the proceeding and appeal. The appellant's Department Director shall
be considered the only respondent unless the written appeal identifies other respondents. The
Employee Relations Officer shall serve a copy of the appeal on the respondent.
The appellant or respondent may, at any time prior to the hearing, file a written statement setting
forth in detail all facts essential and necessary to support its position. The parties are encouraged
to include with and set forth in the statement all exhibits essential and necessary to support its
position and which it intends to offer into evidence.
11.15 ANSWER: The respondent is not required to file an answer to the appeal. If an answer
is filed prior to the hearing, a copy thereof shall be sent to the appellant by the Employee
Relations Officer. If no answer is filed, every relevant and material allegation of the appeal is in
issue; but in any case, irrelevant and immaterial issues may be excluded by the Hearing Officer.
11.20 TIME FOR HEARING: Within five (5) days after receipt of an appeal in writing, the
Employee Relations Officer shall notify in writing the appellant and respondent of the date, time
and place of said appeal hearing. Every hearing on an appeal shall commence within thirty (30)
days after notice by the Employee Relations Officer to the appellant and respondent of the date,
time and place of said appeal hearing unless:
11.20.1 The time is extended by mutual consent of the appellant and respondent;
11.20.2 A Hearing Officer cannot be selected within that time, in which case such hearing
shall be scheduled by the Hearing Officer as soon as practicable;
1120.3 The Employee Relations Officer or the Hearing Officer has granted an extension
of time within which to commence the hearing.
11.25 NOTICE OF HEARING: Written notice of the time, and place of hearing of appeal shall
be served by the Employee Relations Officer on the appellant and the respondent within five (5)
working days of receipt of the notice of appeal. This notice may be delivered personally or by
certified mail to the employee's last known address. A respondent or appellant may seek a
continuance of the hearing date by making a written request to the Employee Relations Officer
stating the grounds for such a request and the requested date for the hearing. The Employee
Relations Officer shall have the authority to determine whether to grant a continuance and to set
the hearing date.
11.30 PRE -HEARING MEETING: The Hearing Officer has the authority to require an
appellant and respondent to meet prior to the commencement of a hearing for the purpose of
using a good faith effort to prepare a joint written statement of the claims and defenses and
disputed and undisputed facts and to submit separate written statements where concurrence on
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such items could not be achieved. Parties are encouraged to voluntarily meet for this purpose
and submit such statements.
11.35 WITNESS LIST AND SUBPOENAS: The respondent and appellant shall submit in
writing to the Employee Relations Officer, at least three (3) working days prior to the start of the
hearing, the name(s) of any witnesses expected to be called during the hearing. The Employee
Relations Officer shall provide each party the names of witnesses so submitted in advance of the
hearing. A respondent or appellant may request approval from the Hearing Officer for the
issuance of subpoenas to compel the person(s) to testify at a hearing or the production of
documents to be brought to a hearing by submitting a written request to the Employee Relations
Officer.
Such a request must state with particularity the person(s) or documents sought to be compelled,
and the relevancy of that person(s) or that document(s) or both to the matters to be tried in the
hearing. The Hearing Officer or the Employee Relations Officer, is so delegated, shall cause
subpoenas to be issued when the Hearing Officer or the Employee Relations Officer, whichever
applies, deems appropriate.
11.40 NATURE OF HEARING: Each hearing shall be closed unless the appellant requests an
open hearing. Any party may be self represented, have legal counsel or another representative of
choice. The hearing shall be conducted by the Hearing Officer pursuant to these Policies. The
Hearing Officer shall have the authority to: open and adjourn the hearing, rule on evidentiary
questions, call, question, and cross-examine witnesses, call for and introduce documentary
evidence for the purpose of adequately understanding the facts and issues of the hearing,
otherwise control the conduct of the hearing, and meet in closed session with legal counsel to
deliberate and prepare findings.
The hearing shall be informal and technical Policies of evidence shall not apply to the
proceedings. Any relevant evidence will be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule which may make improper admission of such
evidence over the objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but will not be sufficient in itself to support a
finding unless it would be admissible over objection to the same extent that it is now or hereafter
may be recognized in civil actions. Irrelevant, immaterial, unduly repetitious evidence or
evidence protected by the Policies of privilege recognized by law may be excluded. All
testimony at the hearing shall be recorded manually or by mechanical device or by use of a
Certified Short Hand Reporter (CSR). In the event a CSR is used, appellant and respondent shall
split costs. All testimony shall be given under oath. Stipulations of fact may be introduced into
evidence with respect to any issue. Each respondent and appellant shall have the right to appear,
to speak, to call, to examine, and to cross-examine witnesses including those called by the
Hearing Officer and to introduce documentary and other evidence. If the appellant does not
testify in the appellant's own behalf, the appellant may be called and examined as if under cross
examination.
11.45 EXCLUSION OF WITNESSES: Upon the motion of any appellant, respondent, or upon
its own motion the Hearing Officer may exclude from the hearing room any witnesses not at the
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time under examination, but an appellant or respondent to the proceedings or their
representatives in the case shall not be excluded.
11.50 PROPOSED FINDINGS OF FACT: Both appellant and respondent shall have the right
to file proposed findings of facts or a brief or both with the Hearing Officer on or before the date
the hearing is closed. Any party who submits proposed findings of facts, a brief, or both, must
serve such document immediately upon all other parties to the hearing.
11.55 OFFICIAL/JUDICIAL NOTICE: In reaching a decision, the Hearing Officer may take
official notice of any matter which may be judicially noticed by the courts of this State. Parties
present at the hearing will be informed of the matters to be noticed and those matters will be
noted in or appended to the record. Any party will be given a reasonable opportunity on request
to refute the officially noticed matters by evidence or by written or oral presentation of authority,
with the specific manner to be determined by the Hearing Officer.
11.60 ORDER OF PROOF AT HEARING: The order of proof in the hearing will be as
follows:
A. The respondent will present evidence in support of the disciplinary action.
B. The appellant or the appellant's representative will produce such evidence as the
appellant may wish to offer in the appellant's defense.
C. Any party may then offer rebuttal evidence, with the respondent having the right of
last rebuttal.
11.65 FINDINGS OF FACT AND RECOMMENDATIONS TO THE CITY MANAGER: The
Hearing Officer shall make and certify written findings of fact and recommendations to the City
Manager no later than thirty (30) working days after completing the Hearing.
11.70 DISPOSITION OF APPEAL: Within ten (10) working days of receipt of the Hearing
Officer's findings of fact and recommendation, the City Manager shall adopt, reject or modify in
whole or in part the recommendation of the Hearing Officer, and shall so notify the employee,
respondent and the Hearing Officer. The City Manager's decision will be final and binding. The
City Manager shall not be involved in the disciplinary process at any point (other than simply
being made aware that disciplinary action is proposed, or in the event that the discipline involves
a department director) until receiving the Hearing Officer's findings of fact and
recommendation, and shall make his/her decision based upon an independent review of the
record from the appeal hearing and the Hearing Officer's findings of fact and recommendations.
The City Manager shall modify or reject the Hearing Officer's recommended decision only for
just cause, supported by substantial evidence in the record, as set forth in the City Manager's
written final decision.
11.75 BURDEN OF PROOF: The Respondent carries the ultimate burden of proof of which is
a preponderance of the evidence.
11.80 WITHDRAWAL OF AN APPEAL: The appellant may submit a written request to
withdraw the appeal at any time before a final and binding decision is made.
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SECTION 12: GRIEVANCES
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES: A "grievance" is a job -
related complaint by an employee regarding the terms and conditions of employment which arise
out of a specific fact, situation, or transaction, other than discipline, that results in an alleged
violation of existing ordinances, rules, regulations, or policies administered by the employee's
Department Director or designated authority concerning wages, hours, other terms and
conditions of employment. The solution of any such grievance must be wholly or partially
within the province of the City to rectify.
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES: The following matters
are not subject to the grievance procedure:
12.10.1 Employee discipline (as defined in Section 10.10).
12.10.2 Employee performance evaluations, including denial of a step increase,
performance pay increase, and other merit or performance pay issues.
12.10.3 Management of the City generally and issues of City or Department policy.
12.10.4 Necessity and organization of any service or activity conducted by the City
including the expansion or reduction of services or work force.
12.10.5 Determination of the nature, manner, means, technology and extent of services to
be provided to the public.
12.10.6 Types of equipment or technology to be used.
12.10.7 Determination of and/or change in facilities, methods, technology, means and size
of the work force by which City operations are to be conducted.
12.10.8 Determination of and change in the location, number of locations, relocations and
types of operations, processes and materials to be used in carrying out City functions.
12.10.9 Work assignments and schedules in accordance with requirements as determined
by the City.
12.10.10 Establishment, implementation and modification of productivity and performance
programs and standards.
12.10.11 Reductions in force or layoffs for lack of work or other non -disciplinary reasons.
12.10.12 Establishment and approved modifications of job classifications.
12.10.13 Determination of standards, policies and procedures for selection, training and
promotion of employees.
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12.10.14 Establishment, implementation and modification of Departmental organization.
supervisory assignments, chains of command and reporting responsibilities.
12.10.15 Levels of compensation, pay and benefits based upon budgetary and fiscal
considerations.
12.15 FREEDOM FROM REPRISAL: No employee shall be subject to coercion or
disciplinary action for discussing a request or complaint with his/her immediate Supervisor, or
for filing a grievance petition.
12.20 RESOLUTION: Any grievance petitions resolved at any step of the grievance procedure
shall be considered conclusive. Any grievance shall be considered resolved if it is not brought
forward by the grievant through the grievance steps in the time frame prescribed.
12.25 WITHDRAWAL: Any grievance petition may be withdrawn by the grievant at any time,
without prejudice.
12.30 RESUBMISSION: Upon consent of the person hearing the grievance petition and the
grievant, a petition may be resubmitted to a lower step in the grievance procedure for
reconsideration.
12.35 EMPLOYEE REPRESENTATION: If requested, an employee may have representation
in the preparation and presentation of the grievance at any step in the formal grievance
procedure, except that no Supervisor or Department Director shall be represented by an
employee whom the employee may supervise, and no employee shall be represented by a
Supervisor or Department Director.
The employee(s) and one employee representative are entitled to be released from work for a
reasonable period of time in order to present the grievance.
12.40 OBEY NOW/GRIEVE LATER: If an employee is given a legitimate order that he/she
wishes to grieve, the employee must first complete the assignment and file a grievance later
unless the assignment endangers the health or safety of the employee or others, or if the
requested assignment violates the employee's constitutional rights.
12.45 INITIATION OF GRIEVANCE PROCEDURE: An employee must initiate the
grievance procedure (formal or informal) within fifteen (15) working days of the occurrence of
the event giving rise to the grievance or within fifteen (15) working days after the grievant
should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.
12.50 INFORMAL GRIEVANCE PROCEDURE: Every effort should be made to resolve a
grievance through discussion between the employee and the employee's immediate Supervisor,
unless extenuating circumstances exist.
If the employee is not satisfied with the decision reached through the informal discussion, or if
extenuating circumstances exist, the employee shall have the right to file a formal grievance in
accordance with Section 12.60.
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12.55 FORMAL GRIEVANCE PROCEDURE:
Step I: If the employee is not in agreement with the decision rendered in the informal grievance
procedure, he/she shall have the right to present a formal grievance to the Department Director
within fifteen (15) working days after the occurrence of the incident causing the grievance, if
applicable. Otherwise, the right to file a grievance petition shall be waived.
All grievances shall be submitted in the format prescribed by the Employee Relations Officer,
and no grievance petition shall be accepted until the form is complete. The written grievance
shall contain a clear, concise statement of the grievance and the facts upon which it is based,
rule, regulation or policy allegedly violated; and the specific remedies sought.
The Department Director will render a written decision within five (5) working days after receipt
of the written grievance.
Step II: If the grievance is not satisfactorily resolved in Step I, the employee shall have the
right to submit the written grievance to the Employee Relations Officer within five
(5) working days after the Department Director's decision is received by the
employee.
The Employee Relations Officer will render a written decision within five (5)
working days after receipt of the written grievance.
Step III: If the grievance has not been satisfactorily resolved at Step II, the employee may
appeal within five (5) working days, and the City and Association shall mutually
select a mediator from the State Mediation and Conciliation Service to consider the
grievance. The mediator may consider written documents and/or oral statements,
and shall render a written advisory decision to the City Manager within ten (10) days.
The City Manager may accept or reject the advisory decision of the mediator, and
will render a written final decision within five (5) days of receiving the mediator's
advisory decision. The decision of the City Manager shall be final and conclusive.
If mutually agreeable, a meeting may be conducted involving all affected parties at
any step in the grievance procedure prior to the rendering of a decision.
GRIEVANCE PROCEDURES
STEP
CONTACT
FILE
DECISION
Informal
Supervisor
N/A
Immediate
Step I Formal
Department Director
15 working days from
5 working days from
Informal Decision
filing .
Step II Formal
Employment
5 working days from
5 working days from
Relations Officer
Step I Decision
filing
Step III Formal
State Mediator/City
5 working days from
5 working days from
Manager
Step II Decision
receipt of Mediator's
advisory decision
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SECTION 13: EMPLOYEE RECORDS AND FILES
13.05 PERSONNEL FILES:
13.05.1 Central Personnel Files: The Employee Relations Officer shall maintain a central
personnel file for each City employee indicating the employee's name, title of position, the
department assigned, salary, changes in employment status, performance evaluations,
disciplinary documents, and such other information as may be considered pertinent by the
Employee Relations Officer. Copies of documents concerning disciplinary action-, taken by the
Supervisor or Department Director must be placed in the employee's central personnel file.
There will be no disclosures of this information to third parties except as authorized by State or
Federal law or as duly authorized in writing by the employee.
Personnel files shall be kept in locked, fire -proof files located in the Personnel/Risk Manager's
office.
13.05.2 Payroll Files: The Personnel/Risk Manager shall maintain a file for each City
employee showing the name, title of position, the department assigned, salary, changes in
employment status, W-4 forms, payroll deductions and such other information as may be
considered pertinent by the Finance Director.
There will be no disclosures of this information to third parties except as authorized by State or
Federal law, or as duly authorized in writing by the employee to third parties.
Nothing herein shall prohibit the City from keeping or placing documents in an observation
folder for the purpose of investigating alleged criminal conduct. For the purpose of this Section,
an observation folder shall not be considered a personnel file, and an employee or the
employee's designated representative shall not have access to observation folders nor receive
copies of documents placed in such folder.
gation, an observation folder on an employee shall remain
Unless required for a criminal investi
open for a maximum of six (6) months. If disciplinary action by the City is warranted or if the
employee is found guilty of criminal activity, documents in the observation folder shall be placed
in the employee's personnel file.
13.10 DOCUMENTS IN PERSONNEL FILES: Upon request of the employee, an employee
may place documents in the employee's respective personnel files that commends his/her job
performance with the City or demonstrates educational attainment.
Disciplinary documents shall be placed in personnel files in accordance with Section 9.55. An
employee shall be provided a copy of any documents placed in the employee's personnel file(s)
and may review their file on request, within the time constraints and work schedule of the
Employee Relations Officer. A witness shall be present at all times when an employee is
reviewing their personnel file.
13.15 DISCLOSURE OF INFORMATION: To the maximum extent possible, no direct
information contained in the personnel files shall be disclosed concerning any current or former
City employee, without the employee's consent, other than the employee's job title, inclusive
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0 -
dates of employment, work location, salary, work phone number, departmental assignment and
the nature of separation, resignation, or termination to any person other than the Employee
Relations Officer, City Attorney, Special Legal Counsel, the employee's Department Director, or
their designated representatives. An employee or former employee may authorize access to or
the disclosure of information from their file only when written permission is provided to the
Employee Relations Officer.
Nothing herein shall preclude nor specifically deny the use of any information in personnel files
in any phase of a disciplinary or probationary action.
13.20 CHANGE IN STATUS: It is the employee's responsibility to notify the Employee
Relations Officer of any changes in the employee's address, phone number, marital status,
dependent status, name change, training certificates, emergency contact, driving status/record,
criminal convictions, or other pertinent information.
13.25 APPLICATION RETENTION: Applications submitted by candidates for City
employment become the property of the City and will be retained for the life of the eligibility list
for the position.
13.30 DESTRUCTION OF PERSONNEL RECORDS: Personnel records, shall be destroyed
five years after the date of resignation or termination, in accordance with any provision of the
City's system for destruction of public records and then in accordance with other applicable
laws.
SECTION 14: EMPLOYEE BENEFIT PLAN
In order to establish an equitable system of working hours, compensation, and benefits, the City
Council will, from time to time, establish a Benefits Plan, which will define separate benefit
categories for compensation, benefits, and accrual rates, depending upon the nature of the
position. An employee must work a minimum of thirty (30) hours per week to be eligible for the
health benefit plan offered by the City. An employee in this category will receive 75% of the
contribution the city pays for a full-time employee and/or dependent(s).
14.05 HEALTH BENEFITS:
A. Benefits for City employees shall be provided as outlined in the City's Health
Benefit Plan. Further information on these benefits may be obtained by contacting
the Personnel Office. Regular employees working less than thirty (30) hours per
week and temporary employees are not eligible for any health benefits. The City
retains the right to alter the benefit plan, if it finds such changes to be in the best
interest of the City.
B. At -will employees shall be provided benefits as outlined in the contract negotiated
for each position.
14.10 HOLIDAYS: Days which are designated as paid holidays by the City Council shall be
legal holidays for City employees unless otherwise specified. A holiday falling on Sunday will
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be observed the following Monday. A holiday falling on Saturday will be observed the previous
Friday.
14.10.1 Regular full-time employees are entitled to the following ten (10) paid holidays each
year:
New Year's Day
Dr. Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
I st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 25
In the event an employee is required to work on a holiday, he/she shall be entitled to:
(1) a minimum of four (4) hours straight time (either paid or in compensatory time).
(2) eight (8) hours Holiday Pay; and (3) if the minimum four hours takes the
employee over forty (40) hours for the week, he/she shall be paid at time and one-
half for all hours worked over 40.
In the event of a conflict between any provision of this section and Section 14.35.5
(Call-back), the affected employee shall be given the greatest benefit provided under
the two sections.
Floatingholidays:
Regular full-time employees are also entitled to two (2) floating holidays each
calendar year, to be selected by the employee provided the employee's supervisor
deems the selected day(s) compatible with work schedules. Both floating holidays
must be taken within the calendar year in which they are earned.
In the event of the employee's failure for any reason to take such floating holiday(s)
during any calendar year or prior to his/her termination of employment with the City,
he/she shall be entitled to compensation for the floating holiday(s) not used.
Probationary employees may use their floating holiday(s) if necessary.
14.10.2 Regular Part-time Employees who work at least thirty (30) hours per week, shall
receive holiday compensation on a pro rata basis for the twelve (12) holidays listed above.
Holiday compensation for these employees shall be calculated by the number of hours worked as
a percentage of a forty (40) hour workweek.
14.10.3 Temporary and Seasonal Employees: Will not be given paid holidays, but will be
given leave without pay on holidays which preclude their working.
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14.10.4 In -Lieu Holiday: Any non-exempt employee whose regular work schedule
requires the employee to work on an approved holiday will be awarded another floating holiday.
Such employees who work less than eight (8) hours on a holiday will receive a floating holiday
equaling the actual time worked. Said floating holiday must be taken during the same pay period
as the holiday observed by the rest of the work force.
14.15 VACATION LEAVE:
14.15.1 Vacation Earned: Full-time employees shall be provided with vacation earnings
based on the following schedule:
Years of full time
Annual number of
service
days eligible to earn
Beginning year
0 - 1
10 days
Beginning year
2
11 days
Beginning year
3
12 days
Beginning year
4
13 days
Beginning year
5
14 days
Beginning year
6
15 days
Beginning year
7
16 days
Beginning year
8
17 days
Beginning year
9
18 days
Beginning year
10
19 days
Beginning year
11 and after
20 days
No vacation days may be accrued or used during an employee's first three (3) months of service.
At the end of three (3) months, vacation in an amount which would have been earned during the
first three (3) months period will be credited to the employee's leave account in a lump sum and
is available for use.
14.15.2 Limitations:
A. Vacation is earned annually and is computed on the basis of number of
months, or major portion of a month, actually worked within a calendar year.
B. Additional days of vacation are earned on the anniversary date of the regular
employee.
C. No vacation shall be credited for time during which a regular employee is
absent from duty without pay in excess of thirty (30) days.
D. All vacations shall be requested in writing in advance, and taken at such time
as approved by the Department Director. The Department Director shall
either approve or deny a vacation request within three (3) work days after
receiving the request. Failure to obtain prior written approval may result in
loss of pay for unapproved time off.
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E. Each vacation day shall be considered eight (8) hours.
F. Vacation leave may be taken in increments of one (1) hour or more. approved
by management.
G. Illness during a vacation period shall not be considered as sick leave.
H. Employees absent due to sick leave or other approved leave of absence shall
continue to accrue vacation leave unless such absence exceeds thirty (30)
consecutive days, in which case there shall be no accrual of vacation leave
during the period of absence.
14.15.3 Regular Part-time Employees who work at least thirty (30) hours per week shall
receive vacation benefits on a pro rata basis, calculated by the number of hours worked as a
percentage of a forty (40) hour workweek. Employees in this category may accrue up to 160
hours of vacation leave.
14.15.4 Vacation Buv-Back:
A. Mandatory Buy -Back
Vacation hours may be accumulated and carried over to succeeding calendar years up to a
maximum accrual of 320 hours. Accrued vacation hours which exceed 320 hours as of the last
pay period of November of each year shall be paid at the employee's regular rate of pay as time
worked and shall be included in the second payroll check of December.
Notwithstanding the foregoing, existing employees whose vacation hours exceed 320 hours as of
July 1, 1995 will be assigned a maximum accumulation amount equal to the amount of such
employee's accrual of vacation time accumulated as of July 1, 1995.
B. Optional
In addition to the above, employees with a minimum of 80 hours of accrued vacation time as of
the last pay period in November in any calendar year, may receive pay at the employee's regular
rate of pay, for a portion or the entire amount over 80 hours, provided that the employee has
taken at least 40 hours of vacation consisting of five consecutive work days, and excluding
holidays, in the prior year between December 1 and November 30. Any employee desiring to
exercise this option must make a written request to the Finance Director no later than November
15 in the calendar year for which vacation buy back is sought. The buy-back pay will be
included in the second payroll check of December.
C. Regular Part -Time Employees
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Regular Part -Time employees with a minimum of 60 hours of accrued vacation time as of the
last pay period in November in any calendar year, may receive pay at the employee's regular rate
of pay, for a portion or the entire amount over 60 hours, provided that the employee has taken at
least 30 hours of consecutive vacation time, and excluding holidays, in the prior year between
December 1 and November 30. Regular, part-time employees wishing to exercise this option
must make a written request to the Finance Director no later than November 15 in the calendar
year for which vacation buy-back is sought. The buy-back pay will be included in the 2nd
payroll check in December.
14.20 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness
or disability of the employee. Sick Leave is not an earned right to time off from work. If an
employee is to be absent from work due to illness or other allowable reason, the employee must
notify the Supervisor by telephone within the first half hour of normal reporting time. or earlier if
possible.
An employee's preventative medical and dental appointments (within reason) and dependent
care are acceptable uses of sick leave. The City's policy for Sick Leave accrual and "buy-back"
is as follows:
14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off -duty, non -work
connected injury, physical examination, including eye examinations, dentist appointments, or
other commonly accepted health related matters.
14.20.2 Eligibility: All full-time regular employees are eligible for Sick Leave after
completing three (3) months of service. At which time sick leave, in an amount which would
have been earned during the first three (3) months period, will be credited to the employee's
Leave Account in a lump sum and is available for use.
14.20.3 Number of Days Sick Leave Allowed: The employees shall be credited with one
(1) day per month of work, or major fraction thereof.
14.20.4 Sick Time Pay Back:
A. City agrees to provide Sick Leave pay back upon employee's termination, as
follows:
2 to 5 years service
25%
5 to 10 years service
50%
10 years service and up
75%
B. A maximum Sick Leave accrual of thirty (30) days shall be established.
After the maximum accrual of Sick Leave has been reached, at the end of
each fiscal year employee shall be reimbursed for the number of Sick Leave
days that would have been accrued and unused above the maximum during
the fiscal year, according to the formula used for Sick Leave pay back upon
employee termination, as above. The sick time pay back will be included in
the second payroll check of December.
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C. City agrees to provide short-term disability insurance coverage. The actual
terms and benefits of the City's Disability Leave are governed by the
disability insurance program in effect at the time the disability leave is
requested.
14.20.5 Filing Statement of Cause: An employee who is absent because of illness may be
required to file a written statement describing the illness or reason for absence, which then must
be approved by the Employee Relations Officer. If an absence because of illness or disability
extends beyond three (3) consecutive work days, the employee may be required to file a
statement from the employee's physician.
14.20.6 Effect of Absence on Sick Leave: Absence due to Sick Leave or other approved
Leave of Absence will not affect computations for sick leave unless such absences exceed one
(1) month, in which case that month, or more, shall be excluded from computation.
14.20.7 Temporary and Seasonal Employees shall not accrue paid sick leave, but may
take leave without pay as approved by their Supervisors.
14.20.8 Regular Part -Time Employees who work at least thirty (30) hours per week shall
accrue paid sick leave, pro -rated calculated by the number of hours worked as a percentage of a
forty (40) hour workweek. Employees in this category may accrue up to 22 days of sick leave.
Sick time pay back shall be calculated pursuant to Section 14.20.4.
14.25 BEREAVEMENT LEAVE: Employees shall be allowed three (3) days Bereavement
Leave in the event of death of an immediate family member as defined in Section 1.25.5 1.
Regular, part time employees who work at least thirty (30) hours per week shall be allowed
eighteen (18) hours of Bereavement Leave. There is no annual restriction on the number of
bereavement leaves required by an employee. Initial probationary employees are not eligible for
bereavement leave until after the first three (3) months.
14.30 ADMINISTRATIVE LEAVE: The following designated employees will receive
Administrative Leave days. The probationary status of such employees will not preclude the
accrual and/or utilization of administrative leave.
14.30.1 Executive Management: The following positions shall receive eighty (80) hours
(ten (10) days of Administrative Leave per calendar year:
Assistant City Manager
Building & Safety Director
City Clerk
City Manager
Community Development Director
Finance Director/Treasurer
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Community, Services Director
Public Works Director/City Engineer
If any of the above positions have a written employment contract with the City, administrative
leave will be negotiated on a case by case basis, and the eighty (80) hours (ten days) shall not
apply.
14.30.2 Professional/Administrative/Management Employees: The following positions
shall receive forty (40) hours (5 days) of Administrative Leave per calendar year'.
Accounting Manager
Associate Engineer
Building & Safety Manager
Community Safety Manager
Maintenance Manager
Management Analyst (2)
Management Assistant
Personnel/Risk Manager
Planning Manager
Principal Planner (2)
Senior Engineer (2)
14.30.3 Accrual and Use: The full amount of Administrative Leave to be accrued for the
calendar year may be used at any time during the year subject to the Supervisor's approval.
Upon hire, employees are credited the full amount of Administrative Leave upon appointment.
Administrative Leave is available for use by probationary employees, at the discretion of the
Department Director.
If an employee terminates, the employee will only be paid for the prorated Administrative Leave
earned to the date of termination. If the employee who terminates has not earned enough
prorated Administrative Leave to cover Administrative Leave used prior to termination, the
remaining balance due shall be subtracted from any Vacation or Sick Leave buy out. or earned
salary that the employee may be due upon termination.
Administrative Leave should not be accrued beyond calendar year end and is encouraged to be
taken. It should be utilized within the calendar year it is earned. The Employee Relations
Officer may allow carry-over accrual when circumstances warrant.
14.35 OVERTIME COMPENSATION: Overtime compensation shall be provided to City
employees as follows:
14.35.1 Executive Management, Middle Management and Professional/Administrative/
Management Employees are salaried employees and shall not receive overtime compensation.
14.35.2 General Non-exempt and Part-time Employees may receive overtime
compensation in the form of paid time or compensatory time off, at a pay rate of time and one-
half, for all hours worked in excess of forty (40) in one work week. For purposes of calculating
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overtime, floating holidays, sick leave, compensatory time used, and vacation will not be
counted toward the 40-hour work week. All overtime must be approved by the Department
Director prior to any accumulation of hours.
Cash payment of overtime shall be limited to fiscal budgetary restrictions, and employees are
encouraged to receive overtime compensation as compensatory time off in lieu of cash payment.
Employees in these categories may accrue compensatory time up to a maximum of forth (40)
hours. The Employee Relations Officer may allow accrual beyond the maximum if
circumstances warrant. All compensatory time shall be requested three (3) days in advance, and
shall be granted by the Department Director unless the time off will adversely impact the
organization and/or work load.
14.35.3 Maximum Accrual: An employee who has accumulated the maximum amount of
compensatory time shall not work overtime on a compensatory time basis until the accumulation
has been reduced to less than the maximum accumulation allowed under these Rules. This in no
way limits or caps paid overtime.
14.35.4 All overtime worked in less than one (1) hour increments in a work shift shall be
compensated for in the following manner:
Time Worked
Overtime Compensation
0- 1 5 minutes
1 /4 hour x 1.5
16-30 minutes
1/2 hour x 1.5
31-44 minutes
3/4 hour x 1.5
45-60 minutes
1 hour x 1.5
14.35.5 Call Back: When an off duty employee is called back to work, the employee shall
receive a minimum of two (2) hours pay or two (2) hours compensatory time, at the Department
Director's discretion. If the call back assignment exceeds the two (2) hour minimum, the
employee shall be compensated at time and one-half, either with pay or compensatory time.
Time worked does not include travel time to the work site.
14.35.6 Standby: Employees occupying a position designated by the Department Director
and approved by the Employee Relations Officer as appropriate for standby pay are required to
be subject to call by telephone or other approved methods. Standby assignments shall be
scheduled in advance by the appropriate Department Director, and shall be automatically
forfeited if the employee is unavailable or unfit when called for duty. Employees working
standby assignments shall be paid twenty-five dollars ($25.00) per work day, and thirty-five
dollars ($35.00) per holiday.
In addition to the standby pay, an employee called for standby work shall be compensated at
time and one-half, either with pay or compensatory time at the employee's discretion, from the
time the employee enters the City limits until he/she leaves the City limits. All employees
placed on standby must be able to reach the City limits within twenty (20) minutes under normal
driving conditions.
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SECTION 15: TRAINING
15.05 TRAINING: The City recognizes the importance of employee development and training
in an effort to improve the capabilities and effectiveness of City personnel. Training shall be
geared to both organizational improvement and individual employee development. This
development shall not only be the responsibility of the Department Directors or Supervisors, but
shall be shared with employees in a total organizational effort.
15.10 IN-HOUSE TRAINING: Employees who have training, knowledge or expertise in a
subject area, or have recently attended a seminar or conference in a given subject matter, may be
asked to share this information with other employees. Such in-house training may be informal or
formal, depending upon the nature of the training, and can include any variety of topics.
15.15 DEPARTMENT TRAINING: City departments and divisions are encouraged to offer
specialized training to their employees. Such training shall be the responsibility of the
Department Director and may include topics such as safety, equipment operation and other
training in their specific fields of responsibility.
15.20 SEMINARS AND CONFERENCES: Employees may attend seminars or conferences
covering current issues and areas relevant to their positions under the following conditions:
15.20.1 Employees must submit their request on forms prescribed by the Finance
Department and follow all applicable procedures.
15.20.2 Budgeted funds must exist for all such training and any travel. All travel that
requires travel authorization must have City Manager and/or City Council approval.
15.20.3 Employees must comply with the City's Administrative Travel and Expense
Policy and provide necessary receipt documentation.
15.20.4 Employees who have recently achieved such training must be willing to provide
"in-house" training to other employees, if requested.
15.25 TUITION REIMBURSEMENT: Subject to Department Director and Employee
Relations Officer (or designee) approval, employees may attend and be reimbursed for part or all
of the costs of educational and other training courses which provide a benefit to the City. During
the budget process, money will be included annually for educational reimbursement.
Any educational or training course that is a requirement for continuation of employment or is an
identified part of a job evaluation shall be paid for the City. All employees with prior approval
by the Employee Relations Officer, may be reimbursed for costs of books, tuition and lab fees
for classes or instruction, provided such classes or instruction are related to the employee's
assigned duties with the City.
Reimbursement will be made only after an employee has satisfactorily completed the class or
workshop with the grade of "C" or better or equivalent completion and that evidence of same has
been submitted and approved by the Employee Relations Officer.
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In general, training time during working hours shall be considered part of the job. Unless the
City directs an employee to attend a specific training course and the course is not available
during work hours, training after hours shall be considered voluntary and no additional pay,
overtime, or compensatory time shall be given by the City unless advance special written
approval is granted. Study time shall be considered completely voluntary.
There is no mileage reimbursement for travel to and from educational classes. Required forms
must be completed and necessary documentation (receipts and grades) must be provided in order
to receive reimbursement. Final and conclusive determinations of the reimbursement amount'
shall be made by the Employee Relations Officer after review of the request and
recommendations by the Department Director and the Employee Relations Officer.
No one employee may receive more than 15% of the total annual budgeted money available for
tuition reimbursement. If, at the end of the fiscal year, unencumbered funds are available in the
educational reimbursement account, remaining funds will be used to further reimburse those
employees who have accumulated reimbursable educational expenses in excess of 15% of the
total available for that year. If more than one employee incurs such additional expenses,
distribution of the remaining funds will be made equally among said employees until each
individual employee has been fully reimbursed, or until the funds have been depleted, whichever
comes first.
15.30 TRAINING AND TRAVEL REIMBURSEMENT: In accordance with the Fair Labor
Standards Act (F.L.S.A.), employees who are not exempt shall receive training and travel
reimbursement as provided in this Section.
Time spent in attending lectures, meetings, training programs and similar activities during work
time shall be counted as time worked only if authorized in advance and in writing by the
employee's Department Director. No such authorization shall be given unless the lecture,
meeting, program, or other activity is directly related to improving the employee's ability to
perform his/her job.
Time spent in attending lectures, meetings. training programs and similar activities shall not be
counted as time worked where such attendance is outside of the employee's regular working
hours, except in situations where the employee is directed by the employee's Department
Director to attend such lecture, meeting, training program or similar activity. Leisure and meal
times are not considered time worked unless they are part of the seminar.
Time spent by an employee traveling between the employee's residence and the regular work
place is not work time and shall not be treated as hours worked. When an employee is assigned
by the employee's Department Director to travel outside of the City, times spent traveling
between the employee's home and assigned destination shall be treated as time worked only to
the extent that it exceeds the amount of time normally taken by the employee to travel between
the employee's residence and regular work place.
When an employee is assigned to travel outside the City, return the same day, and the employees
has utilized public transportation, the time spent traveling between the employee's home and the
location of the public carrier (i.e. air -port, bus station, train station) shall not be treated as time
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worked. However, time spent traveling to a final destination via public carrier is considered time
worked.
Employees shall receive mileage and travel reimbursement in accordance with provisions
outlined in the City's Administrative Travel and Expense Policy.
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