CC Resolution 2012-039RESOLUTION NO. 2012 - 039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LA QUINTA AND THE LA QUINTA CITY
EMPLOYEES' ASSOCIATION (LQCEA) COMMENCING ON
JULY 1, 2012, AND TERMINATING JUNE 30, 2014
WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the
La Quinta City Employees' Association, the recognized organization representing its
members, hereinafter referred to as "Association," have met and conferred over
wages, hours, terms, and conditions of employment pursuant to Government Code
3500, as amended; and
WHEREAS, the City and the Association have negotiated a Memorandum of
Understanding for the period commencing on July 1, 2012, and terminating
June 30, 2014; and
WHEREAS, the Association ratified the Memorandum:of Understanding on
June 21, 2012.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City does hereby ratify and approve, ratify and authorize
implementation of each economic and non -economic benefit and right set forth in
the Memorandum of Understanding between the City and the Association, attached
and incorporated herein as Exhibit "A" and said to the extent the City may legally
do so in accordance with the time constraints of said Memorandum of
Understanding.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 3rd day of July, 2012, by the following vote:
AYES: Council Members Evans, Henderson, Franklin, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2012-039
Adoption of 2012-14 LQCEA MOU
Adopted: July 3, 2012
Page 2 of 2
DON AD PH; ayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, In rim City Clerk
City of La Quinta, California
(City Sea11"
l 'N
APPROVED AS TO FORM:
M. KATHERINE JENW, City
City of La Quinta, Ca I ornia
MEMORANDUM 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, 2012, and shall remain in effect
for two (2) years through and including June 30, 2014.
SECTION 2: SALARY
A. Fiscal Year 2012-13.
The 2012/2013 Schedule of Salary Ranges (Schedule), reflects a two
percent (2%) COLA over the previous schedule in effect on June 30, 2012.
The Schedule, attached hereto as Exhibit 1 and by this reference made a part
hereof, shall become effective on July 1, 2012, and shall remain in effect
during the full term (July 1, 2012 through June 30, 2014) of this MOU.
2012-14 FINAL MOU - 6-26-12 -1-
B. Fiscal Year 2013-14.
For Fiscal Year 2013-14, there shall be no changes to the Schedule
set forth in Exhibit 1, which shall remain in effect until the expiration of this
MOU. The Schedule reflects a zero percent (0%) COLA over the previous
year.
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE
COVERAGE.
Effective January 1, 2013, the parties agree to reduce the existing
healthcare cap by $100.00 per month, taking it from a maximum
contribution by the City of $1,412.00 per month to a maximum contribution
by the City of $1,312.00 per month. The parties further agree the reduced
healthcare cap will not be the subject of a future meet and confer or
"reopener" negotiations during the term of this MOU.
A. 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.
B. Flexible Spending Plan.
The City has implemented a Flexible Spending Plan through Total
Administrative Services Corporation (TASC) for interested employees. The
City has paid the initial one-time enrollment fee of $350.00 and will pay the
$15.00 per employee enrollment fee for new employees who elect to join,
2012-14 FINAL MOU - 6-26-12 -2-
and those employees who participate will pay the monthly administration fee
and optional medical reimbursement debit card fee through payroll deduction.
SECTION 4: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to
Section 15.25 of the City's Personnel Policies. The total of such
reimbursement for all employees shall not exceed $10,000 during the term
of this MOU at a maximum of $1,000 (or 10%) per employee. The last
paragraph of Personnel Policy Section 15.25, Tuition Reimbursement, is
amended to read as follows:
No one employee may receive more than 10% of the total
annual budgeted money available for tuition reimbursement.
SECTION 5: MANAGEMENT RIGHTS.
Except as limited by the terms of this MOU, the City retains sole and
exclusive right to manage its operations and direct its work force using any
or all of the powers and 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 MOU; 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 MOU; to select, modify, alter, abandon, or modernize methods of
2012-14 FINAL MOU - 6-26-12 -3-
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. City retains the right to reopen negotiations during the term of this
MOU for the purpose of meeting and conferring on implementation of
furlough days.
2012-14 FINAL MOU - 6.26.12 -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 in Section 13 herein.
SECTION 8: HOLIDAYS.
Holidays shall be recognized as provided in the City's Personnel Policy
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.
2012-14 FINAL MOU - 6-26-12 -5-
SECTION 10: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies
unless superseded as provided herein.
SECTION 11: CaIPERS RETIREMENT
A. Fiscal Year 2012-13.
For purposes of
the City's election
to pay
to the California Public
Employees' Retirement
System (CaIPERS),
effective
July 1, 2012, the City
shall pay on behalf of each full-time, regular employee, the required employer
contribution, and an amount equal to 50% of the required member
contribution to CalPERS, not to exceed four percent (4%).
B. Fiscal Year 2013-14.
Effective July 1, 2013, the City shall pay to CaIPERS on behalf of
each full-time, regular employee, the required employer contribution, and an
amount equal to 0% of the required member contribution to CalPERS.
Effective July 1, 2013, each full-time, regular employee shall pay an amount
equal to 100% of the required member contribution to CalPERS, not to
exceed eight percent (8%).
2012-14 FINAL MOU - 6.26-12 -6-
C. Public Employees' Retirement System (PERS) Retirement
Formula for New Hires.
Any employee hired on or after January 1, 2013 shall be subject to
the following retirement formula with the retiree's annuity based on the
average of the employee's three (3) highest paid consecutive years:
Employees hired on or after January 1, 2013: 2% @ 60
The City will amend its contract with PERS to provide for the above 2% @
60 retirement formula set forth in California Government Code Section
21363.1, to become effective January 1, 2013, or as soon as practicable
thereafter.
D. Unused Sick Leave Election.
Government Code Section 20965 and the City's contract for
retirement benefits with CalPERS permits conversion of unused sick leave to
service credit, pursuant to certain restrictions. Upon retirement, employees
are required to complete the "Unused Sick Leave Election Form" (Exhibit 2)
prior to receiving their final paycheck. Upon retirement, employees will have
the option of selecting one of the following: (1) receiving payout for the full
amount of unused sick leave (pursuant to the payout schedule contained in
Personnel Policy Section 14.20.4, as amended by this MOU); (2) receiving
payout for a set amount of unused sick leave, and requesting conversion to
2012-14 FINAL MOU - 6-26-12 -7-
service credit of the remainder; or (3) converting the entire amount of
unused sick leave to service credit, waiving their right to a payout for unused
sick leave.
SECTION 12: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program
(Program) as set forth in the previous MOU, and to fund the Program in the
amount of $17,500 for the term of this MOU at a maximum of $1,750 per
employee. 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: ALTERNATE WORK WEEK SCHEDULE.
The City and Association agree to continue the Alternate Work Week
Schedule ("AWWS") as set forth in Exhibit 3, utilizing a 9/80 schedule,
whereby employees may elect to participate in the AWWS by working eight
9-hour days and one 8-hour day, with every other 8-hour day off. The
AWWS will continue for the term of this MOU, or until cancelled by
Management, whichever occurs sooner.
SECTION 14: PERSONNEL POLICY ADDITIONS AND AMENDMENTS.
The City and Association have agreed to modify City Personnel
Policies where appropriate to clarify the intent of those policies. A red -lined
2012-14 FINAL MOU-6-26-12 -8-
version of the changes to the Personnel Policies is provided as Exhibit 4.
The sections containing modifications are as follows:
a) Safety and Health - Section 1.55
b) Vehicle and Seat Belt Policy - Section 1.60
c) Interim Appointments - Section 3.25
d) Stay At Work Program - Section 7.31
e) Vacation Leave Transfer Program - Section 14.15.5, Subsections
J,N,&R
f) Sick Leave - Section 14.20
g) Administrative Leave - Section 14.30.3
h) Standby - Section 14.35.6
i) Other minor changes to Personnel Policies intended to clarify
ambiguous or unclear language.
SECTION 15: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT DESERT
RECREATION DISTRICT FITNESS CENTER.
The City agrees to subsidize the cost of membership at the Desert
Recreation District's Fitness Center, which will be housed in La Quinta at the
La Quinta Community Park on Avenida Montezuma. City employees may
submit their paid receipt for Desert Recreation District membership to the
City's Finance Department for reimbursement of $40.00 toward their $50.00
annual membership fee.
2012-14 FINAL MOU-6-26-12 -9-
SECTION 16: 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 Policies, subject to its obligations under the Meyers-Milias-
Brown Act.
SECTION 17. 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.
2012-14 FINAL MOU -6-26-12 -10-
This MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
DATED: , 2012 By:
Don Adolph, Mayor
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
By:
0
0
DATED: 2012
201244 FINAL MOU - 6-26-12 -1 1-
EXHIBIT 1
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EXHIBIT 2
OF TNF'�
UNUSED SICK LEAVE ELECTION FORM
Government Code Section 20965 and the City's contract for retirement benefits with
CaIPERS provides that unused accumulated sick leave at time of retirement may be
converted to additional service credit at the rate of 0.004 year of service credit for each day
of unused sick leave (i.e., 250 days of sick leave equals one additional year of service
credit). You will be required to have your available: unused sick leave time certified by the
City, should you elect to convert it to service credit upon retirement.
I am requesting disposal ofmy unused sick leave as set forth below:
Name of Employee.
Retirement date:
Last day of physical presence at City Hall:
(Choose only one option below)
Please pay me for all unused sick leave hours as of the retirement date
indicated above.
Please pay me for hours of unused sick leave, and certify the
remainder for conversion to service credit.
Please certify all of my unused sick leave hours for conversion to service
credit.
xrtxxxxx+++x+xx+++++xx++x++x+++rt+++++++*xx+xx++++x+x+xx+++rt++rt+++x+x+xkx+++xxx+++++++++++++x+x++++x++
Employee Signature Date
Received By:
Date
YAFORMS AND LETTERSTorms-028-Unused Sick Leave Election Form
EXHIBIT 3
City of La Quinta
9180 Alternate Work Week Schedule (AWWS)
Participation
Participation in the 9/80 Alternate Work Week Schedule (AWWS) is voluntary and subject to
Department Director approval consistent with the needs of the City. Employees shall be required to
sign the 'Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and
acceptance of the requirements of this policy. This policy will remain in place until the expiration of
the current Memorandum of Understanding with the La Quinta City Employees' Association, or until
cancelled by management, whichever occurs sooner.
z Work Schedule
Participants in the 9/80 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday
each week, and from 8:00 a.m to 5:00 p.m. every other Friday, including a one hour unpaid lunch
period each day, with the opposite Friday being designated as the "Regular Day Off' (RDO).
Variations of this schedule may be approved by the Department Director for select positions when
doing so will result in more efficient operations for the department (i.e., Code/Animal Control
Officers; certain Public Works positions; certain Community Services positions; etc.). Employees
may also elect to stay on a regular 5140 work schedule (8 hours per day, 5 days per week).
3. FLSA Workweek
The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven
consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning
at noon on Friday and ending at noon the immediately subsequent Friday.
5/40 Employee Example:
MON
TUES
WED
THURS
FRI
Week 0
4 hrs (before noon) applies to week prior to Week 1
4 hrs after noon applies to Week 1
Week 1
8 firs
8 hrs
8 hrs
8 hrs
4 hrs(before noon apRlies to Week 1
4 hours after noon applies to Week
Week 2
8 hrs
8 hrs
8 hrs
8 hrs
4 hrs before noon applies to Week 2
4 hours (after noon) applies to Week 3
The 9/80 work schedule shall not reduce service to the public, departmental effectiveness,
productivity or efficiency as determined by the department director.
A/B Schedules — To continue to provide service to the public every Friday,
employees on a 9/80 schedule are to be divided between two schedules, known as
the "A" or "B" schedule, based upon departmental needs. For identification
purposes, the schedules shall be known as follows:
"A" schedule shall have "Payday" Friday off
"B" schedule shall have the "Non -payday" Friday off
Created December 2009
9/80 Employee Example (Schedule A):
MON
TUES
WED
7HURS
FRI
Week 0
4 hrs (before noon) applies to week prior to Week 1
4 hrs after noon applies to Week 1
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
0 hour Regular Day Off
Week 2
[:
9 hrs
'
9 hrs
9 hrs -
9 hrs
4 hrs before noon applies to Week 2
4 hours (after noon) applies to Week 3
9180 Employee Example (Schedule B):
MONE
THURS
FRI
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
O hrs (before n n applies o Week 1
4 hours n applies to Week 2
Week 2
9 hrs
9 hrs
9 his
9 his
8 hour Regular Day Off
'RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors
for purposes of maintaining departmental efficiency.
For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin
four hours after the start time of the day of the week which constitutes the employee's alternating
Regular Day Off. The work week shall end exactly 168 hours later.
4. Schedule Changes
Changes to an employee's schedule may only be made when an employee requires a schedule
change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill
relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an
employee's schedule because of business demands, vacation schedules, disciplinary issues, etc.
All such temporary changes initiated by a Director must be for a minimum of two weeks and must
begin at the beginning of a pay period.
5. Notification
Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the
form referenced as Attachment A, when an employee begins or ends the 9180 AWWS. The
beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour
workday. The ending notification must designate the ending date of the 9180 AM&
6. 8-Hour Workday
For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the
work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental
work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the
Participant's time card must reflect appropriate hours worked to correspond with the flexing of the
work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late
and work one hour over his/her regularly scheduled shift to make up for the one hour. The
employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without
pay, to cover the one (1) hour absence.
Created December 2009
7. Lunch
The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all
employees on a 9/80 AWWS shall be required to take a minimum of one (1) hour lunch break (with
the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute
breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the
half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15-
minute breaks be used to leave early or to make up time when the employee arrives to work late.
8. 9180 Timekeeping
Accurate time records must be maintained when administering the 9/80 AWWS. The employee and
supervisor are responsible for accurate time reporting of hours worked and accounting for use of any
and all accrued leave.
8.1 Implementation:
When an employee first begins the 9/80 AWWS, the initial timecard must specify the start
date of the 9180 AWWS and the ROO in the upper left hand corner (Sample 1).
The code "9/80" and the ROO must be annotated in the upper left hand corner on each
subsequent time card (Sample 2).
8.2 Leaves of Absence:
8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence
of more than two (2) weeks require eight (8) hours or less of the employee's time per
day. Therefore, employees on the 9/80 AWWS will be required to change to a
regular five (5) day 40-hour work schedule during a leave of absence.
The employee's timecard must be annotated "Off 9/80" in the upper left hand corner
of the card with the date the employee is taken off the 9/80 AWWS and the schedule
reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week)
(Sample 3).
Removing employees from the 9/80 AWWS because of a leave of absence usually
requires special time keeping; therefore, please contact Payroll for assistance.
8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply,
however, if an employee is called to serve on jury duty during the employee's normal
day off, Saturday or Sunday, then the jury duty shall be considered the same as
having occurred during the employee's day off from work; therefore, the employee
will receive no added compensation.
8.3 Holidays:
For all holidays, including the floating holiday, the City will pay for the standard eight
(8) hours of work.
8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the
employee must use one (1) hour of personal accrued vacation, compensatory time,
floating holiday, or administrative leave to make up the ninth (91i) hour in order to
receive a full paycheck. Each employee shall designate on his/her timesheet
whether vacation, compensatory time, floating holiday or administrative leave should
be used. The time may not be charged to sick leave. If a person has no leave time,
he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires
supervisor approval in advance (same as Sample 2).
Created December 2009
8,3.2 On ROO: When a holiday falls on an employee's ROO, the employee will be
required to take an alternate day off within the same week, subject to supervisory
approval, and the employee will be required to use one (1) hour of personal accrued
vacation, compensatory time, floating holiday, or administrative leave hour to make
up for the ninth (9'") hour in order to receive a full paycheck. Each employee shall
designate on his/her timesheet whether vacation, compensatory time, floating holiday
or administrative leave should be used. The time may not be charged to sick leave.
If a person has no leave time, he/she will be docked one (1) hour of Leave Without
Pay (LWOP), which requires supervisor approval in advance (Sample 4).
8.4 Overtime for FLSA Covered Employees:
8.4.1 Supervisory Approval: Overtime worked will be credited to the employee
as compensatory time or paid overtime with supervisor approval (Sample 6).
8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime
(FLSA covered employees), will continue to receive overtime in accordance with the
MOU or the City's Personnel Policies for all hours in excess of forty (40) hours in a
work week.
8.4.3 Overtime on RDO: An employee may occasionally be required to work
overtime on their ROO. if or when this occurs, the employee will receive payment or
be credited with compensatory time for the number of hours worked. The timecard
must be coded ROO on the specific RDO day and the number of overtime hours
worked must be identified below on that same day (Sample 6).
8.6 Absences:
8.5.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour
workday will be charged with nine (9) hours of paid leave.
8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized
Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either
Authorized or Unauthorized Leave Without Pay.
9. Personal Time Off
To the greatest extent possible, employees should attempt to schedule medical or other personal
appointments on their scheduled regular Friday off (ROO). Also, employees should make all efforts
to avoid taking miscellaneous time off on the "working" Fridays to avoid undue hardship on their
fellow coworkers.
10. Emergencies
All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all
emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or
designee may require such service from any of said employees. This includes staff shortages in a
department. In the case of staff shortages, management will notify the affected employee at least
one (1) week prior to the change of the work schedule.
Policy questions regarding the A WINS may be directed to the Human Resources/Risk Manager at
Extension 7041. Timekeeping questions may be directed to the Senior Account Technician at
Extension 7059.
created December 2009
CITY OF LA QUINTA
PERSONNEL POLICIES
AND PROCEDURES
Amended: November 2000
July 2003
January 2007
October 2007
April 2008
July 2009
June 2010
July 2011
July 2012
EXHIBIT 4
SECTION 1: GENERAL PROVISIONS
- 6 --6-
1.05 PURPOSE
- 6 --6-
1.10 APPLICATION AND EXCEPTIONS
- 6 --6-
1.15 VALIDITY OF POLICIES (SEVERABILITY)
- 7 --7-
1.20 VIOLATION OF POLICIES
7 --7-
1.25 DEFINITION OF TERMS
7 --7-
1.30 NO CONTRACT OF EMPLOYMENT CREATED
- 12 --12 -
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM
- 12--4-2--
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES
- 13 --43-
1.45 OUTSIDE EMPLOYMENT
13 --13-
1.50 POLITICAL ACTIVITIES
14
1.55 SAFETY AND HEALTH
15 --13-
1.60 VEHICLE AND SEATBELT POLICY
- 15 --15 -
1.65 DRUG AND ALCOHOL FREE WORKPLACE:
- 16 --16-
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT - 1_8 --18 -
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE- 18 --48-
1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT
- 26 --26-
1.85 WORKPLACE VIOLENCE
- 28 --28-
1.90 SMOKING POLICY
-29 29 -
1.95 DRESS CODE
29
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
29
1.97 FRAUD IN THE WORKPLACE POLICY
34
1.98 CELL PHONE USE POLICY
39
SECTION 2: CLASSIFICATION AND SALARY PLAN
424-
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN
424-
2.10 ALLOCATED POSITIONS
424
2.15 NEW POSITIONS
424
2.20 CLASSIFICATION SPECIFICATIONS
42-I
2.25 PREPARATION AND ADOPTION OF SALARY PLAN
424
2.30 APPROPRIATE SALARY STEP
424
2.35 BENEFIT PLAN
434
SECTION 3: TYPES OF APPOINTMENTS
442
3.05 TYPES OF APPOINTMENTS
442
3.10 PROBATIONARY APPOINTMENTS
442
3.15 FULL-TIME APPOINTMENT
442
3.20 EMERGENCY APPOINTMENTS
442
3.25 INTERIM APPOINTMENTS
453
3.30 WORKING OUT OF CLASS
453
-2-
3.35 TRANSFER
4744
3.40 PROMOTION
4745
3.45 DEMOTION
4846
3.50 RECLASSIFICATION
4846
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL
4947
SECTION 4: RECRUITMENT AND SELECTION
530
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES
530
4.10 PERSONNEL REQUESTS
530
4.15 JOB ANNOUNCEMENTS
530
4.20 PERSONNEL APPLICATIONS
530
4.25 DISQUALIFICATION OF APPLICATIONS
541-
4.30 RECRUITMENT
541
4.35 EVALUATION OF APPLICATIONS
552
4.40 CANDIDATES' EXAMINATION INSPECTION
56B
4.45 NEPOTISM POLICY
56B
4.50 DRIVING SAFETY CHECK
5855
4.55 ELIGIBILITY LISTS
5855
4.60 FINAL DECISIONS OF SELECTION
5956
4.65 PRE -EMPLOYMENT PHYSICAL
5956
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION
605-7
4.75 PROBATIONARY PERIOD
60-W
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT
6057
4.85 RESIGNATION
6057
SECTION 5: COMPENSATION AND EVALUATION
6158
5.05 SALARY AT APPOINTMENT
6155
5.10 EMPLOYEE PERFORMANCE EVALUATION
6158
5.15 PROGRESSION ON MERIT STEPS
62P
5.20 SALARY ANNIVERSARY DATE
6259
5.25 BILINGUAL COMPENSATION
630
SECTION 6: ATTENDANCE AND HOURS OF WORK
644-
6.05 WORK WEEK AND OVERTIME
641
6.10 NO GUARANTEE OF HOURS
644
6.15 STAND-BY AND CALL-BACK POLICY
652
6.20 TIME SHEETS
652
6.25 ABANDONMENT OF EMPLOYMENT
652
6.30 LUNCH AND BREAK POLICY
652
SECTION 7: LEAVES
6663
7.05 JURY DUTY AND WITNESS LEAVE
6663
7.10 PREGNANCY DISABILITY LEAVE
6663
-3-
7.15 MILITARY LEAVE
6467
7.20 LEAVE OF ABSENCE WITHOUT PAY
6966
7.25 FAMILY AND MEDICAL LEAVE
6966
7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE
7672
7.31 STAY AT WORK PROGRAM
78
7.35 DISABILITY LEAVE
8273
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES
847q
8.05 GROUNDS FOR DISCIPLINARY ACTION
8474
SECTION 9: DISCIPLINARY ACTIONS
8790
9.05 DEFINITION OF DISCIPLINARY ACTION
8780
9.10INFORMAL DISCUSSION
8780
9.15 FORMAL WARNING
8780
9.20 WRITTEN REPRIMAND
8790
9.25 DISCIPLINARY SUSPENSION
8790
9.30 REDUCTION IN PAY
88"
9.35 DEMOTION
8881
9.40 DISCHARGE
88"
9.45 DOCUMENTATION OF DISCIPLINARY ACTION
889+
SECTION 10: DISCIPLINARY PROCEDURES
8983
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY
89822
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE
8983
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION
9093
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION
9083
SECTION 1 l: APPEAL HEARING PROCESS
9184
11.05 HEARING OFFICER
9194
11.10 REQUEST FOR APPEAL
9194
11.15 ANSWER
9184
11.20 TIME FOR HEARING
9194
11.25 NOTICE OF HEARING
9184
11.30 PRE -HEARING MEETING
9284
11.35 WITNESS LIST AND SUBPOENAS
9283
11.40 NATURE OF HEARING
9284
11.45 EXCLUSION OF WITNESSES
9386
11.50 PROPOSED FINDINGS OF FACT
9386
11.55 OFFICIAL/JUDICIAL NOTICE
9396
11.60 ORDER OF PROOF AT HEARING
9386
11.65 FINDINGS OF FACT & RECOMMENDATIONS TO THE CITY MANAGER
9386
11.70 DISPOSITION OF APPEAL
9386
11.75 BURDEN OF PROOF
948-7
se
11.80 WITHDRAWAL OF AN APPEAL
9497
SECTION 12: GRIEVANCES
9588
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES
9588
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES
9589
12.15 FREEDOM FROM REPRISAL
9689
12.20 RESOLUTION
9699
12.25 WITHDRAWAL
9699
12.30 RESUBMISSION
9699
12.35 EMPLOYEE REPRESENTATION
9689
12.40 OBEY NOW/GRIEVE LATER
9699
12.45 INITIATION OF GRIEVANCE PROCEDURES
9996
12.50 INFORMAL GRIEVANCE PROCEDURE
9699
12.55 FORMAL GRIEVANCE PROCEDURE
9790
SECTION 13: EMPLOYEE RECORDS AND FILES
9892
13.05 PERSONNEL FILES
9892
13.10 DOCUMENTS IN PERSONNEL FILES
9892
13.15 DISCLOSURE OF INFORMATION
9892
13.20 CHANGE IN STATUS
9993
13.25 APPLICATION RETENTION
9993
13.30 DESTRUCTION OF PERSONNEL RECORDS
9993
SECTION 14: EMPLOYEE BENEFIT PLAN
10094
14.05 HEALTH BENEFITS
10094
14.10 HOLIDAYS
10094
14.15 VACATION LEAVE
10193
14.20 SICK LEAVE
10599
14.21 KIN CARE LEAVE
1080I
14.25 BEREAVEMENT LEAVE
108Q
14.30 ADMINISTRATIVE LEAVE
10802
14.35 OVERTIME COMPENSATION
11003
SECTION 15: TRAINING AND TRAVEL
11203
15.05 TRAINING
1128-5
15.10 IN-HOUSE TRAINING
11203
15.15 DEPARTMENT TRAINING
1120-5
15.20 SEMINARS AND CONFERENCES
11203
15.25 TUITION REIMBURSEMENT
11203
15.30 TRAINING AND TRAVEL REIMBURSEMENT
11306
15.31 TRAVEL AND EXPENSE POLICY
11402
-5-
(Last Update July, 20124-)
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 (except for Sections
2.35 and 14.05.)
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 "I'" 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.
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.
EM
1.15 VALIDITY OF POLICIES (SEVERABILITYj: If any section, subsection, sentence,
clause, phrase or portion of these Policies is for any reason held to be invalid or unconstitutional
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.
Rev. 6-26.1242- - 4 - 7 -
1.55 SAFETY AND HEALTH: Each employee shall comply with all applicable safety laws,
Policies, and regulations, as follhere to and follow the
guidelines of the Safety Manual (a copy of which is available on the City's Human Resources
Intranet on the H:Drive), all 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 Ssafety Ceommittee 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 two
remaining of the three "` individuals employed by City as Building Inspectors in 1998 shall
receive a car allowance equal to the then allowable IRS standard mileage rate paid for a total of
1000 miles per month, so long as hethey remains continuously employed in that position. In the
event that the IRS changes the allowable standard mileage rate, the monthly allowance shall be
adjusted up or down accordingly on the first day of the next month. The City reserves the right
to adjust the miles per month upward or downward in the event inspections increase or decrease
significantly in the future. Any individual hired as a replacement for the individual employed as
Building Inspector. in 1998 one of the a frent Building insp, eiars 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.
All employees who are currently assigned a City vehicle for their job duties will continue to be
provided access to a vehicle for the current fiscal year. In addition, a vehicle pool will be
available 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, Foremen are authorized 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 therefore 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.
Human Resources maintains these records and is responsible for notifying employees when their
license needs to be renewed.
Rev. 6-26-1212-1-44 - 15 -
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. A regular employee assigned
to an interim classification which is not represented by the La Ouinta City Employees'
Association will have their membership suspended during the term of the interim appointment
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 prorated 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.
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
Rev. 6-26-1242-1 41 - 45 -
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
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 weeksz,aticeweeks' 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.
Rev. L-2s-1242-s-;-4 - 49 -
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 Layoff: 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 Human
Resources, except when an employee has less than two years of 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.
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.
Rev. 6-26-1212-144 - SD -
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, as appropriate under State law, shall be granted to
an employee upon acceptance of the claim by the claims administrator, and with physician's
certification of "temporary disability" status, and the employee's inability to perform regular or
modified duties. A claim denied by the claims administrator, a written statement from the
treating physician indicating that the employee's condition is permanent and stationary or has
reached maximum medical improvement, or separation from City service shall terminate an
employee's eligibility for Workers' Compensation Leave and any applicable benefits from the
City for that particular injury or illness. The employee may be eligible for other benefits under
workers' compensation law.
The City maintains its right to require that an employee provide regular physician's certification
of work status, and see a City -designated physician on a periodic basis to determine the
employee's disability status. If an employee is given work restrictions by the physician, the City
will initiate an accommodation review to determine if the employee is able to return to work with
or without reasonable accommodation.
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.
7.31 STAY AT WORK PROGRAM
7.31.1 PURPOSE
discrimination and harassment of injured employees.
Rev. L26-1242-444 - 78 -
7.31.2 RESPONSIBILITY
The Human Resources/General Services Manager will act as the SAW Coordinator. This
individual will function as the liaison with the Citty's workers' compensation claims
administrator., The SAW Coordinator will work with the employee and his/her
supervisor to define the scope duties and duration of the temporary assignment The
SAW Coordinator will monitor the employee's work restrictions, and advise the
employee and his/her supervisor when SAW duties can be modified or the employee can
resume his/her usual and customary duties.
A. EMPLOYEE responsibilities
I. Employees off work are to contact the SAW Coordinator promptly following
a change in work restrictions or medical condition as determined by his/her
treating physician.
2. Failure to contact the SAW Coordinator may result in disciplinary action.
B. SAW COORDINATOR responsibility_
1. The SAW Coordinator must immediately notify the workers' compensation
claims administrator that the employee is not working,
7.31.3 PROCEDURES
A. Identi Ning SAW Assignments:
1. Periodically, the SAW Coordinator may request that all or some
departments complete the "Modified Duty Work Assignment" form (Exhibit A). This
form assists the SAW Coordinator in identifying beforehand possible SAW assignments
that are within the work restrictions.
B. Employee Placed On SAW By A Treating Physician:
1. An employee placed on work restrictions by their treating physician is
required to supply the SAW Coordinator with a work release noting the restrictions
following every doctor's appointment. The City may request additional clarification on
the employee's capabilities as required to evaluate suitable accommodation.
2. The employee and his/her supervisor will meet to discuss the SAW duties.
The supervisor will notify the SAW Coordinator of the meeting, and the SAW
Coordinator will prepare the appropriate documentation of the offer of SAW duties in the
form of an agreement letter for "Offer of Modified or Alternate Work."
3. The employee's supervisor will ensure that the employee understands the
work restrictions and is complying with and working within the work restrictions
imposed by the treating physician.
4. The City of La Ouinta has established a maximum time frame of ninety
(90) calendar days for employee participation in a SAW program.
warrant.
Rev. 6-26-124243 U - 79 -
C. Employee's Department Unable To Accommodate The Restrictions'
the employee's restrictions.
E. Intermittent. Assignment:
workers' compensation leave policy, until released to return to work without restrictions,
released to work with restrictions that can be accommodated, or the employee has
reached maximum medical improvement or permanent and stationary status.
F. Timesheet Procedures:
1. SAW duty shall be denoted as "Regular" time on the employee's timesheet.
REFERENCES
Americans with Disability Act of 1990 (Public Law 101-336)
Americans with Disabilities Act Amendments Act of 2008 (Public Law 110-325)
Fair Employment and Housing Act
Rev. 6-26-1232-144 - 80 -
EXHIBIT A
CITY OF LA QUINTA
MODIFIED DUTY WORK ASSIGNMENT
Goal: To reduce costs associated with lost -time occupational injuries
Method: Return employees with occupational iniuries who are temporarily
TRANSITIONAL MODIFIED DUTY ASSIGNMENTS
(Generic Description)
Time Period: (from to )
Department Section
Contact Phone No
A) Duties:
B) Location:
C) Scheduled Hours:
D) Supervisor:
E) Physical Requirements of tasks:
F) Skills Required:
Please return to the Human Resources/General Services Manager
Rev. 6-26-1242-1--11 -81-
of a request to participate in the VLTP will be resolved by the City Manager. The decision of the
City Manager shall be final, not grievable and not subject to further appeal.
C. The ERO shall manage all aspects of the VLTP.
D. If a request for donated vacation leave or comp time is approved by the ERO, a
notice will be posted informing City employees of the particular employee in need of donation
assistance through the VLTP.
E. Any employee wishing to contribute vacation leave or comp time must sign an
authorization form specifying the employee to which the donation will be made and
acknowledging that the donation is irrevocable.
F. The application rate of an employee's vacation leave or comp time donation will
be on an hour -for -hour basis with no adjustment for dollar value.
G. All donations will be voluntary and confidential.
H. Except for the notice and memorandum notifying employees of a specific
employee's sick leave need, no City employee may solicit donations from any other employee.
(General discussion of voluntary donation versus solicitation at La Quinta City Employees'
Association meetings is exempted.)
I. No supervisor shall make work -place decisions based on any employee's
participation or non -participation in the VLTP.
J. The City Finance Department (Finance) will set up a trust account for all
approved employee vacation leave or compensatory time donation request in the requesting
employee's name, into which each donating employee's vacation leave or comp time will be
noted. and used as neededpleeed.
K. Employees on VLTP shall be paid at regularly scheduled City pay periods from
the trust account Finance establishes. The amount of payment shall be the total monetary
amount of vacation leave or compensatory time donated up to a maximum of 100% of
employee's regular pay, less: (1) any disability benefit offered through the City, Worker's
Compensation Benefit, or Medicare amounts the employee is receiving during the pay period,
and (2) regular taxes.
L. Per the Federal Family Medical Leave Act (FMLA), group health insurance
coverage and other negotiated benefits must be provided to all employees while on the VLTP, as
long as the employee's total FMLA and VLTP time does not exceed twelve (12) working weeks.
Thereafter, if the employee is not on paid status by virtue of continuing to utilize at least half
(50%) of the hours needed per pay period to receive a full paycheck through the use of their
accrued sick leave, vacation, compensatory time -off, administrative leave allowances, or leave
donated under this Section 14.15.5, the employee will, be required to personally fund this benefit
if the employee wishes to retain it. If the employee uses less than 50% of the hours needed per
pay period to receive a full paycheck through the use of their accruals, the employee will be
Rev. 6-26-124-1444 104 -
required to personally fund their medical premium payments if the employee wishes to retain
group health insurance coverage.
M. Attendance and Payroll records of employees on VLTP shall denote a "DL,"
standing for Donated Leave, for time paid to employee while on this program.
N. No sick leave, vacation leave, holiday credits, administrative leave, compensatory
time, deferred compensation, PERS or any other applicable benefits shall accrue to receiving
employee for any hours provided byte donee through the VLTP.
O. Vacation leave donations or compensatory time shall in no way affect or modify
the receiving employee's employment status with the City, nor shall it affect or modify the
application of applicable City policies, rules and ordinances.
P. Employees on VLTP who remain on an authorized unpaid leave of absence after
FMLA is exhausted may continue to receive assigned donated vacation leave and compensatory
time from other regular City employees until the employee returns to work, is terminated, or
meets the maximum hours under Section U, below.
Q. Availability of donated vacation leave or compensatory time shall in no way delay
or prevent the City from taking action to medically separate or disability -retire an employee.
R. Donated but unused vacation and compensatory time shall "expire" be credited
back te the original denep once the requesting employee returns to work on a full-time basis.
The Finanee Department will noti�, each donating employee this his/her unused donations are no
longer needed..
S. The recipient employees must be unable to work in any capacity as a result of a
serious injury or illness to the employee or a member of their immediate family in order to be
eligible to receive donations under the VLTP.
T. The total amount of hours donated to any individual shall not exceed two hundred
forty (240) hours in any calendar year.
U. Only the recipient employees for whom the VLTP has been established may
receive donated hours from said plan. Such donated hours will be added to the employee's sick
leave balance, as needed.
V. The plan will be administered so that hours will be used only as needed and in the
order donated.
1420 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness
or disability of the employee and employee's dependents (as "dependent" is defined in Section
1.25.15.1 of these Personnel Policies). 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.
Rev. 6-26-1219 1-33 - 105 -
An employee's preventative medical and dental appointments (within reason) and dependent
care ("dependent" is defined in Section 1.25.15.1 of these Personnel Policies) 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 Hours Sick Leave Allowed: The employees shall be credited with
eight (8) hours per month of work, or major fraction thereof.
14.20.4 Excessive Absenteeism or Tardiness: An employee may be disciplined for
establishes a pattern of abuse or neglect Each situationof excessive absenteeism or tardiness
Discipline under this Section shall be subject to the progressive discipline guidelines outlined in
Personnel Policy Section 9.05.
14.20.5 Definitions:
b. Improper Use of Sick Leave: Evidence substantiating any improper use of
C. Misuse of Sick Leave: Use of sick leave for that which it was not
intended or provided.
d. Pattern Abuse: Consistent periods of sick leave usage for example:
i. Before and/or after weekends.
ii Anv one specific dam
iii. Half days.
iv. Continued pattern of maintaining zero or near zero sick leave
balances.
Rev. 6-26-1242444 - 106 -
V. Excessive absenteeism — use of more sick leave than accrued or
granted.
14.20.64 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon employee's termination, as
follows:
2 through 4 years service 25%
5 through 9 years service 50%
10 years service and up 75%
B. A maximum Sick Leave accrual of four hundred eighty (480) hours shall be
established. If the maximum accrual of Sick Leave has been reached as of
the last nay period in November 36-in any calendar year employee shall be
reimbursed for the number of Sick Leave days that would have been accrued
and unused above the maximum, according to the formula used for Sick
Leave pay back upon employee termination, as above. Employees have the
option to be reimbursed for accrued and unused sick leave above 240 hours
up to 480 hours once every year. The sick time pay back will be issued as a
separate check in December.
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.
14.20.7- 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.
14.20.86 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.
14.20.97 Temporary and Seasonal Emnloyees shall not accrue paid sick leave, but may
take leave without pay as approved by their Supervisors.
14.20.108 Reeular 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 three hundred sixty
(360) hours of sick leave. Sick leave pay back shall be calculated pursuant to Section 14.20.64.
Rev. 6-26-1242-1-14 - 107 -
14.30.1 Executive Management: The following positions shall receive eighty (80) hours
(10 days) of Administrative Leave per calendar year:
Building & Safety Director
City Clerk
City Manager
Planning Director
Finance Director/Treasurer
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 Em lloovees: The following positions
shall receive forty (40) hours (5 days) of Administrative Leave per calendar year:
Accounting Manager
Associate Engineer
Community Safety Manager
Economic Development/Housing Manager
Golf & Parks Landscape Manager
Maintenance Manager
Management Analyst (2)
Management Assistant (223)
Marketing/Economic Development Manager
Human Resources/General Services Manager
Planning Manager
Principal Planner (2)
Principal Engineer (2)
Public Works Inspection Supervisor
14.30.3 Accrual and Use: Upon hire employees are credited a prorated amount of
Administrative Leave upon appointment The prorated 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 hiremployees are eredited the full ameum f Administrative
Leave upe n appei nt ent. 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.
Rev. s-26-1242 -44 - 109 -
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 sixtytkirty-€rve
dollars ($603-5.00) 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 thirty (30) minutes under normal
driving conditions.
Rev. 6-26-1212-1-11 - 111 -
order to be reimbursed. If an employee has followed the foregoing requirements for
reimbursement and, through no fault of his/her own, is laid off before completion of the
approved class or workshop, the employee will continue to be eligible for reimbursement even
though he/she is no longer employed by the City. No employee will be eligible for
reimbursement for any class or workshop started after the employee has been given a written
notice of layoff, notice of termination for failing to pass the probationary period, or notice of
intent to terminate employment for cause.
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 106% of the total annual budgeted money available for
tuition reimbursement.
1530 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.
Rev. 8-26-12424-44 -113-