2015-17 LQ City Employees' 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, 2015, and shall remain in effect for two (2)
years through and including June 30, 2017.
SECTION 2: SALARY
Fiscal Years 20115-16 and 2016-17. The 2015/2016 Classification Schedule
("Authorized Positions -Salary Ratings") and Schedule of Salary Ranges ("Salary
Ranges") reflect the Pay for Performance Classification and Compensation System
agreed upon by the City and Association. Both documents attached hereto as
Exhibits 1 and 2, respectively, and by this reference made a part hereof, shall become
effective on July 1, 2015, and shall remain in effect during the full term (July 1, 2015
through June 30, 2017) of this MOU, unless modified in writing by mutual agreement
of both parties and adopted by the City Council.
SECTION 3: PAY FOR PERFORMANCE CLASSIFICATION AND COMPENSATION
SYSTEM AND PERFORMANCE EVALUATION RATINGS
A. Potentiat Satary-.Rancie. Considerations. The parties agree to consider
the 2016 World at Work ("WOW") salary range adjustment projections as the basis for
a meet and confer reopener to determine an appropriate salary range increase
2015-16 FINAL MOU - 7-28-15 -1-
recommendation, which is subject to Council approval. The parties further agree to
consider the WOW salary range adjustments in 2016 and 2017, and agree a full
market survey shall be performed by Fox Lawson & Associates prior to June 30, 2018,
and every 3rd year thereafter. Recommendations from Fox Lawson & Associates will
be considered for potential adjustments to the existing salary ranges based on the
market survey data. Any adjustments made to the existing salary ranges shall be
considered PERSable adjustments.
B. Pay for Performance Compensation Methodo[M. Pay increases
retroactive to July 1, 2015 shall be based upon individual performance review ratings
for the year ending June 30, 2015 as follows:
If more than 2 steps below the job
rate:
Overall
Performance Rating
SU EX
NI
No
increase
1 step
2 steps
If only one step below the job rate:
NI
SU
EX
No
increase
1 step +
Performance
Pool
If at or above job rate:
NI
_11tep
SU
EX
No
increase'
No
increase
Performance
Pool
Pay increases retroactive to July 1, 2016 shall be based upon individual performance
review ratings for the year ending June 30, 2016 in the same manner as described
above.
The City Council has the discretion to establish the total performance pool for
all City of La Quinta employees for performance evaluations, which has already been
budgeted at $33,000 for Fiscal Year 2015-16. Council, at its discretion, may establish
the Performance Pool, if any, for performance evaluations based on the year ending
on June 30, 2016.
2015-16 FINAL MOU - 7-28-15 -2-
C. Overall Performance Evaluation Ratings. City shall provide the Association
with the overall performance evaluation ratings only (no employee names), identifying the
number of ratings falling into each rating category, no later than October 31 each year.
D. Request for Reconsideration of Performance Evaluation Rating. City
and Association agree to follow the guidelines provided in the "Request for
Reconsideration of Performance Evaluation Rating" (Exhibit 3) as the basis for
reviewing performance evaluation ratings of employees who choose to utilize same.
These guidelines in no way alter the Personnel Policies Section 12.10.2, which states
performance evaluations are not grievable.
SECTION 4: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
Effective January 1, 2016, the parties agree to the maximum contribution by
the City of $1,370.00 per month. The parties further agree to reopen negotiations in
July, 2016 in order to meet and confer on the amounts paid by the City and employees
for insurance coverage for the next calendar year.
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. Opt -out of City Coverage. Personnel Policy Section 14.05 is amended by
adding the following subsection:
C. An employee who provides the City evidence of medical
insurance under a separate policy and requests to be deleted from
the City's coverage shall receive $250 per month as an in lieu
payment. Should such other coverage subsequently be
unavailable to the employee, the employee shall have the right to
seek reinstatement to coverage under the City's policy upon
written request. In such a case, the City shall reinstate the
employee's coverage and cancel the in lieu payment if
reinstatement is permitted under the provisions for reinstatement
then in effect with the City's health insurance provider.
2015-16 FINAL MOU - 7-28-15 -3-
C. 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, and
those employees who participate will pay the monthly administration fee and optional
medical reimbursement debit card fee through payroll deduction.
SECTION 5: 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 $25,000 during the term of this MOU at a maximum of $2,500 (or
10%) per employee.
SECTION 6: 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 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,
2015-16 FINAL MOU - 7-28-15 -4-
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.
SECTION 7: 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 8: HOURS.
Employee hours of work shall be as stated in the City's Personnel Policies unless
superseded as provided in Section 14 herein.
SECTION 9: HOLIDAYS.
Holidays shall be recognized as provided in the City's Personnel Policy, to
include the addition of the following:
Four (4) additional hours paid holiday on Christmas Eve, when that day falls on
a weekday;
2015-16 FINAL MOU - 7-28-15 -5-
Four (4) additional hours paid holiday on New Years' Eve when that day falls on
a weekday; and
Four (4) additional hours paid floating holiday.
SECTION 10: VACATION.
10.1 Accrual. Vacation accrual shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
10.2 Buy-back. Personnel Policy 14.15.4(B) is amended as follows:
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 May or
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. Any employee desiring to exercise this option must
make a written request to the Finance Director no later than May
15 or November 15 in the calendar year for which vacation buy
back is sought. The buy-back pay will be issued as a separate
check in June or December.
SECTION 11: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless
superseded as provided herein.
11.1 Sick Leave Pay Back: Personnel Policy 14.20.6 is amended as follows:
14.20.6 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon employee's
termination, as follows:
2 through 4 years of service 25%
5 through 9 years of service 50%
10 through 19 years of service 75%
20 years of service and up 100%
B. Mandatory Pay Back: 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
pay period in November in any calendar year, employee shall be
2015-16 FINAL MOU - 7-28-15 -6-
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.
C. Optional Pay Back: Employees have the option to be
reimbursed for accrued and unused sick leave above 240 hours up
to 480 hours twice every year for accruals through the last pay
period in May or November. The sick time pay back will be issued
as a separate check in June or December.
11.2 Bereavement Leave: Personnel Policy 14.25, Bereavement Leave is
hereby amended to allow thirty-two (32) hours of Bereavement Leave.
SECTION 12: CalPERS RETIREMENT
A. Employer/Employee Obligations.
For purposes of the City's election to pay to the California Public Employees'
Retirement System (CalPERS), 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%).
B. Public Employees' Retirement System WERS) Retirement Formulas for
New Hires.
Any employee hired on or after January 1, 2013 shall be subject to the following
retirement formulas with the retiree's annuity based on the average of the employee's
three (3) highest paid consecutive years, in accordance with the City's contract with
PERS and the Public Employees' Pension Reform Act of 2013 (PEPRA):
Classic Employees (current PERS members) hired on or after
January 1, 2013: 2% @ 60
New Employees (new PERS members) hired on or after
January 1, 2013: 2% @ 62
2015-16 FINAL MOU - 7-28-15 -7-
C. 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" 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
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 13: COMPUTER LOAN PROGRAM.
The City agrees to continue the Computer Loan Program (Program) as set forth
in Exhibit 4, 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 14: ALTERNATE WORK WEEK SCHEDULE.
The City and Association agree to continue the Alternate Work Week Schedule
("AWWS"), 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 15: 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 version of the changes to
2015-16 FINAL MOU - 7-28-15 -8-
the Personnel Policies is provided as Exhibit 5. The sections containing modifications
are as follows:
a) Section 1.10 Application & Exceptions
b) Section 3.50 Reclassifications
c) Section 3.51 Temporary Assignment Pay
d) Section 5.10 Employee Performance Evaluations
e) Section 6.05 Work Week and Overtime
f) Section 6.30 Lunch and Break Policy
g) Section 7.25 Family and Medical Leave
h) Section 14.05 Health, Dental, Vision and Life Benefits
i) Section 14.06 Patient Protection and Affordable Care Act (ACA)
j) Section 14.10 Holidays
k) Section 14.15.4 Vacation Buy -Back
1) Section 14.20 Sick Leave
m) Section 14.20.6 Sick Leave Pay Back
n) Section 14.25 Bereavement Leave
o) Section 14.30 Administrative Leave
p) Section 15.30 Travel & Expense Policy
q) Exhibit A - Computer Loan Program Criteria
SECTION 16: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT LA QUINTA
WELLNESS CENTER OR DESERT RECREATION DISTRICT FITNESS
CENTER.
The City agrees to subsidize the cost of membership at either the La Quinta
Wellness Center or the Desert Recreation District's Fitness Center. City employees
may submit their paid receipt for La Quinta Wellness Center or Desert Recreation
District membership to the City's Finance Department for reimbursement of $40.00
toward their annual membership fee.
2015-16 FINAL MOU - 7-28-15 -9-
SECTION 17: PERFORMANCE REVIEW/TRANSPARENCY PROCESS.
The City agrees to the following with regard to the performance review and
transparency process:
17.1 Review Period: Annual Performance Reviews will be completed between
July 1 and September 30 for the previous fiscal year ending on June 30.
17.2 Association Survey: Association may survey its members for input
regarding the performance review process and may provide survey results to City for
consideration. Any changes to the Performance Evaluation form shall be a subject of
the meet and confer process.
17.3 Labor/Management Committee: City and Association agree to form a
Labor/Management Committee (LMC) that may meet three (3) times per year at the
request of either party to address concerns regarding employee relations. The LMC is
not authorized to change the MOU or to settle any grievance being processed under
the MOU.
SECTION 18: 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.
2015-16 FINAL MOU - 7-28-15 - 1 0-
SECTION 19. 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 MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
Linda.. I V49
Evans, Mayor
i
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
/ tfr "'
oises Ro arte, President
Anthony Moreno, Vice -President
2015-16 FINAL MOU - 7-28-15 - 1
SECTION 19. 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 MOU is hereby executed by the parties hereto as set forth below.
CITY OF LA QUINTA
Li .. Evans, Mayor
i
ATTEST:
Susan Waysels, City Clerq
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
William H. Ihrke, City Attorney
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
�t(6_
oises Ro arte, President
Anthony Mo eno, Vice -President
2016-16 FINAL MOU - 7-28-15 - 1 1 -
CLASSIFICATION SPECIFICATION
AUTHORIZED POSITIONS - SALARY RATINGS
EFFECTIVE JULY 1, 2015
AUTHORIZED WORKING TITLE RATING
Administrative
Administrative Assistant Executive Office Assistant All
Office Assistant All
Administrative Technician Administrative Technician B21
Content Editor/Writer B22
Executive Assistant B22
Code Administration
Code Administration Technician
Code Administration Specialist
Code Administration Supervisor
Code Administration Coordinator
Maintenance & Operations
Maintenance & Operations Worker
Maintenance & Operations Technician
Maintenance & Operations Coordinator
Permit Technician
B22
Animal Control/Code Compliance Officer
B23
Building Inspector
B23
Public Works Inspector
B23
Animal Control/Code Compliance Supervisor
B32
Permit Operations Supervisor
B32
Plans Examiner/Inspection Supervisor
B32
Construction Manager/Inspection Supervisor
C43
Facilities Maintenance Worker
All
Maintenance Worker I
All
Maintenance Worker II
Al2
Traffic Signal Technician
B21
Facilities Maintenance Coordinator
B23
Maintenance Foreman
B24
Traffic Signal Maintenance Supervisor
B24
Management Administration
Management Assistant
Community Services Coordinator
B21
Senior Account Clerk
B21
Management Administration Assistant
B21
Account Technician
B22
Finance Assistant
B22
Management Specialist
Community Services Supervisor
B24
Marketing & Events Supervisor
B24
Housing Coordinator
B24
Deputy City Clerk
B24
Management Coordinator
Financial Services Analyst
C41
Management Analyst
Associate Planner
C42
Business Analyst
C42
Management Analyst
C42
Associate Engineer
C43
Principal Planner
C44
m
X
X
1-4
N
CITY OF LA QUINTA
AUTHORIZED POSITIONS - SALARY RATINGS
EFFECTIVE JULY 1, 2015
CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE RATING
Management
Manager Accounting Manager
D61
Assistant to City Manager
D61
City Clerk
D61
Golf, Parks & Facilities Manager
D61
Human Resources/Risk Manager
D61
Maintenance Manager
D61
Planning Manager
D61
Building Official
D61
Principal Engineer
D62
Director Community Development Director
E81
Deputy City Manager
E82
Public Works Director/City Engineer
E82
Finance Director/Treasurer
E82
City Manager City Manager
F101*
er salary is determined by City Council contract
Eirect,veJ&y 1, 2015
City of La Quinta
Schedule of Salary Ranges
Fiscal Year 201512016
ANNUAL SALARY RANGES
MIN - JOB RATE -
DSM Step 1 Step 2 Step 3 Step 4 Step 5
11 $36,729.54 $38,566.02 $40,402.50 $42.238.98 $44,075.45
12 $40,41029 $42,430,81 $44,451.32 $46,471.84 $48,492.35
13 $44,091.04 $46,295.59 $48.500.14 $50,704.70 $52.909.25
B21 $47,782.84 $50,171.98 $52,561.13 $54,950.27 $57,339.41
B22 $51,463.59 $54.036.77 $56,609.95 $59,163.13 $61,756.31
823 $55,144.34 $57,901.55 $60,658.77 $63.415.99 $66,173.20
B24 $59,753.56 $62,741.24 $65,728.92 $68,716.60 $71,704.27
B25 $65,280.21 $68,544,22 $71,808-23 $75,072.24 $78,336.25
B31 $59,753.56 $62,741.24 $65,728-92 $68,716.60 $71,704.27
B32 $65,280.21 $68,544,22 $71,808.23 $75,072.24 $78,336.25
MIN - JOB RATE -
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
Cot $67,093.86 $69,889.66 $72,685,46 $75,48126 $78,277.06 $81,069.51 $83,8673
2 $70,627.38 $73,570.42 $76,513.46 $79,456-50 $82,399.55 $85,339.06 $68.26422
3 $74,160.89 $77,251A8 $80,341.46 $83,431.75 $86,522.03 $89,608.61 $92,701.1
$78,585.75 $81,860.42 $85.135.09 $88,409.76 $91,684.42 $94,955.16 $98,232-1
C45 $83,891.33 $87,387.09 $90,882.84 $94,378.59 $97,874.34 $101,365.90 $104,864.1
D61 $88,316.19 $91,996.32 $95,676.46 $99,356.60 $103,036.73 $106.712.45 $110,395.24
D62 $92,732.00 $96,596.14 $100,460.28 $104,324.43 $108,188.57 $112,048.07 $115,S115-00
D63 $97,368.60 $101,425.95 $105,483.30 $109,540.65 $113,598.00 $117,650.48 $121,710.75
D64 $102,237-03 $106,497.25 $110,757.46 $115,017.68 $119,277.90 $123,533.00 $127,796.29
D65 $107,348.88 $111,822.11 $116,295.34 $120,768.56 $125,241.79 $129.709.65 $134,186.1
E81 $112,716.32 $117,413,21 $122,110.10 $126,806.99 $131,503.88 $136,195.13 $140,895.4
E82 $118.352,14 $123,283.87 $128,215.61 $133,147.34 $138,079.07 $143,004.89 $147,940.1
E83 $124,269.75 $129,448.07 $134,626.39 $139,804-71 $144,983.03 $150,155.14 $155,337.1
17101 $160,000.00 $166.66720 $173,334.40 $180,001.60 $186.668.80 $193,328.00 $200,000-DO
MONTHLY SALARY RANGES
MIN -
JOB RATE -
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
11
$3,060.80
$3,213,84
$3,366.87
$3,519.91
$3,672.95
12
$3,367.52
$3,535.90
$3,704.28
$3,872.65
$4,041.03
13
$3.674.25
$3,857.97
$4,041.68
$4,225.39
$4.409.10
321
$3,981.90
$4,191.00
$4,380.09
$4,579.19
$4,776.28
622
$4,288-63
$4,503.06
$4,717.50
$4,931.93
$5.146.36
B23
$4,595,36
$4,825.13
$5,054.90
$5,284.67
$5,514.43
B24
$4,979.46
$5,228.44
$5,477.41
$5,726.38
$5,975.36
825
$5,440,02
$5,712-02
$5,9B4.02
$6,256-02
$6,528.02
B31
$4,979.46
$5,228.44
$5,477.41
$5,726.38
$5,975,36
B32
$5,440.02
$5,712.02
$5,984.02
$6,256.02
$6,528-02
MIN -
JOB RATE - j
Step 1
Step 2
Step 3
Step 4
Step 5 Step 6
Step 7
C41
$5,591.15
$5,824.14
$6,057.12
$6,290.11
$6,523.09 $6,755.79
$6,98&94
042
$5,885.61
$6,130 87
$6,376.12
$6,621.38
$6.866.63 $7.111.59
$7,357.0
C43
$6,180.07
$6,437.60
$6,695.12
$6,952.65
$7,210.17 $7,467.38
$7,725,09
C44
$6,548.81
$6,821.70
$7,094.59
$7,367.48
$7,640.37 $7,912.93
$8,186.0
C45
$6,990.94
$7,282.26
$7,573.57
$7,864.88
$8,156.20 $8,447.16
$8,738-68
D61
$7,359.68
$7,666.36
$7,973.04
$8,279.72
$8,586,39 $8.892-70
$9,19960
D62
$7,727.67
$8,049.68
$8,371.69
$8.693.70
$9,015.71 $9,337.34
$9,659.
D63
$8,114,05
$8,452.16
$8,79027
$9,128-39
$9,466.50 $9,604.21
$10,14Z56
064
$8,519.75
$8,874.77
$9,229.79
$9,584.81
$9,939.82 $10,294.42
$10,649,6
M5
$8,945.74
$9,318.51
$9.691.28
$10,064.05
$10.436.82 $10,809.14
$11,182,17
E81
$9,393.03
$9,784.43
$10,175.84
$10,567.25
$10,958.66 $11,349-59
$11,741.2
E82
$9,862,68
$10,273.66
$10,684.63
$11,095.61
$11,506,59 $11,917.07
$12.328.3
E83
$10,355.81
$10,787 34
$11,218.87
$11,650.39
$12,081.92 $12,512.93
$12,944.7
F101 $13.333.33 $13,888.93 $14,444,53 $15,000,13
$15,555.73 $16,110.67
$16,666.67
EXHIBIT 3
Request for Reconsideration — Performance Evaluation Rating
Employees who are not in agreement with the performance evaluation rating may
present a written request to their Department Director for reconsideration of their
performance evaluation rating within ten 0 0) working days of receiving the
evaluation. The written request shall briefly state the reasons the employee
disagrees with the performance evaluation rating and include any supporting
documentation. The Department Director shall schedule a meeting within ten (10)
working days of receipt of the written request to discuss the performance
evaluation rating. The Department Director shall have the right, but not the duty,
to change or modify the performance review based on the discussion with the
employee and review of any supporting documentation. The Department Director
shall render a written decision to the employee within ten (10) working days after
meeting with the employee. The decision of the Department Director shall be final
and not subject to review or appeal.
If the employee's supervisor is the Department Director, the request for
reconsideration may be submitted to the Employee Relations Officer instead,
following the same process mentioned above. The decision will be mutually agreed
upon between the Employee Relations Officer and the Department Director and
shall be final and not subject to review or appeal.
This process does not replace or diminish any of the rights afforded employees or
management under Section 5.10 of the Personnel Policies.
Performance evaluations (including a request for reconsideration) shall not be
subject to the grievance process, per Section 12.10.2 of the Personnel Policies.
Rev. July 2015
CITY OF LA QUINTA
Computer Loan Program
Criteria
EXHIBIT 4
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California:
ELIGIBILITY
All full-time employees who have completed probation are eligible. This is strictly a
volunteer program and the employee will use their own time and expense in order to
participate. Also, program parameters such as the maximum loan amount, interest
rate and scope of the program, will be evaluated on an annual basis.
SCOPE
The City has adopted a Windows operating system.
The following items are eligible for inclusion in the loan amount:
Desktop computers, laptops, tablets, printers, monitor, scanner, backup devices, hard
drive, CD/DVD ROM drives, surge protector, wireless routers, speakers, battery
backup, upgrading current equipment, including memory, and warranty costs.
Software that is commonly used at the City is eligible. Normal installation costs,
protection plans and sales tax are also included.
The following items are not included:
Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
FREQUENCY
An employee may apply for participation in the program at any time by contacting
Human Resources and submitting an application form. After an employee has
participated in the program, the employee will not be eligible again until all loans are
repaid in full.
AMOUNT OF LOAN
A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that
an employee is eligible to receive the entire $1,750 and spends less, the remaining
Page 1 of 5
Rev. July 2015
amount cannot be carried over to the next year. For example, if an employee receives
approval to spend up to $1,750 and only requires $1,000, the remaining amount of
$750 cannot be loaned in future years. Loans are awarded based on the availability of
funds.
INTEREST RATE
The interest rate is five percent (5 %) per year simple interest payable in 26 or 52 equal
installments from the nearest payroll date of the loan. A $1,750 loan would be repaid
in accordance with Attachment No. 1. Early payoff of loans will be for the outstanding
principal at the next payroll date after notification.
SELECTION PROCESS
Eligible employees must submit an Intent to Participate form in order to be considered
for the loan. Each loan request will be processed upon submission, subject to approval
and available funds.
Employees will be classified into two groups - New Participants and Repeat
Participants. New participants have priority over repeat participants. Repeat
participants are not eligible for a new loan until all new participant requests have been
approved and their previous loans are repaid. Any participant who has defaulted on a
previous loan is ineligible for future loans.
The Human Resources/RiskManager will track the receipt of loan requests to determine
the selection order of eligible employees. Funding of the approved loan requests will
continue until available funded slots are filled. A list of each employee participating in
the program and the order selected will be compiled and will be available on request.
Employees have sixty days to complete their purchase from the date of being notified
of their eligibility.
Each year the City will determine the amount that may be loaned for the Computer
Program. No carryover of unused funds to the next fiscal year is allowed.
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program.
The employee is responsible for purchasing the equipment within sixty days of award,
handling vendor complaints, and maintaining service of the equipment. The computer
equipment will be purchased by the employee in the employee's name. The City's only
role is to provide loans for the purchase and the collection of the loan.
Page 2 of 5
Rev. July 2015
The City loan is for the purchase of computer equipment and eligible software with
payment by the City for its portion made payable to the computer vendor and not to
the employee. The City will give the check payable to the vendor to the employee. If
the employee purchase is for more than the City loan amount, the employee is
responsible for the difference. The City will not be responsible for any difference nor
will it cosign for any loans. In addition, no City purchase order may be used for any
purchase nor may any employee verbally or in writing represent that the City is
purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vendor to accommodate this method of
payment.
Prior to any payments being made, the employee must submit a sales quote for the
items being selected to Human Resources. After being reviewed for eligibility, the
employee will be notified of any items not qualifying under the Program. After the
sales quote has been reviewed and modifications made, a check to the computer
vendor will be produced. The vendor check will be given directly to the employee.
The employee will then produce a final invoice to the Finance Director evidencing the
transaction. The City will not make a loan if the previously described steps have not
been complied with. For instance, the City will not reimburse an employee after a
purchase has been made by the employee.
RFPOYMFNT
The employee will sign a slip authorizing withholding of the principal and interest
amount from future paychecks and authorizing the City to withhold any remaining
principal and interest still due and owing from their final paycheck, in the event the
employee leaves City service before the loan is repaid. If the loan amount exceeds
the final paycheck after all other withholdings are made, the employee will pay the
remaining principal amount due with personal funds within one week of leaving City
service. It is the employee's responsibility to make payment. If such payment is not
made within seven days, the employee is deemed to have defaulted on the loan. The
City will commence actions it deems necessary to collect on the remaining loan.
Interest will continue to accrue after default until repaid in full. Interest may accrue
past the two-year term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court,
City legal resources or other measures necessary for collection. The City will attempt
to recover any costs expended on collecting the loan from the employee.
VENDOR SELECTION
The City has not specified one particular vendor nor does it recommend a particular
vendor. The employee is responsible for selecting a vendor and negotiating the price,
Page 3 of 5
Rev. July 2015
warranty and other terms of the purchase. Those items are listed in the Scope Section
of this Policy.
The employee is responsible for any mailing and service charges not covered by any
warranties.
USE OF COMPUTERS
The City does not restrict the use of this equipment to its employees. The City
encourages employees to use the computers. Employees may not claim hours worked
at home.
If the equipment is sold before the end of the loan, the outstanding principal and any
accrued interest will continue to be due and owing to the City, and payroll deductions
will continue until such time as the loan is repaid in full. Returning merchandise
purchased under this program for a cash refund or exchange for other than items
permitted under this computer loan policy is strictly prohibited. .
EARLY DUE DATE OF LOAN
The loan is for a one- or two-year period unless the employee leaves City employment,
in which case the principal and interest is due from the final paycheck.
ATTACHMENT
The attached form will be used to document the transaction.
Page 4 of 5
Rev. July 2015
CITY OF LA QUINTA COMPUTER LOAN PROGRAM
EMPLOYEE NAME
(Please print)
DATE:
SUPPORTING DOCUMENTATION:
SALES QUOTE $
(Please attach all documentation)
AMOUNT OF AUTHORIZED LOAN $
I have received and read the Computer Loan Policy of the City of La Quinta and
hereby authorize the City to withhold the following amount from my paycheck for
the number of pay periods indicated in the following table:
Number of Pay Periods: (Please circle one) 26 ($_ _ _);
or
52 ($ I
In the event I leave City service before the loan is repaid, I hereby authorize the City
to withhold any remaining principal and interest still due and owing from my final
paycheck, and to pursue other collection remedies in accordance with the
provisions of the Computer Loan Policy.
Employee Signature
Date:
Finance Director Signature
Date:
PLEASE RETURN TO HUMAN RESOURCES
Page 5 of 5
EXHIBIT 5
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; July 2014; July 2015
SECTION 1: GENERAL PROVISIONS
6
1.05 PURPOSE
6
1.10 APPLICATION AND EXCEPTIONS
6
1.15 VALIDITY OF POLICIES (SEVERABILITY)
6
1.20 VIOLATION OF POLICIES
7
1.25 DEFINITION OF TERMS
7
1.30 NO CONTRACT OF EMPLOYMENT CREATED
14
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM
14
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES
15
1.45 OUTSIDE EMPLOYMENT
15
1.50 POLITICAL ACTIVITIES
16
1.55 SAFETY AND HEALTH
16
1.60 VEHICLE AND SEATBELT POLICY
17
1.65 DRUG AND ALCOHOL FREE WORKPLACE:
18
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT
20
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE
20
1.80 EQUAL EMPLOYMENT, HARASSMENT, HOSTILE WORK ENVIRONMENT AND
ANTI -BULLYING POLICY
29
1.85 WORKPLACE VIOLENCE
32
1.90 SMOKING POLICY
32
1.95 DRESS CODE
32
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
32
1.97 FRAUD IN THE WORKPLACE POLICY
37
1.98 CELL PHONE USE POLICY
41
1.99 COMPUTER LOAN PROGRAM
46
SECTION 2: CLASSIFICATION AND SALARY PLAN 47
2.01 PURPOSE 47
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN 47
2.10 ALLOCATED POSITIONS 47
2.15 NEW POSITIONS 47
2.20 CLASSIFICATION SPECIFICATIONS 48
2.25 PREPARATION AND ADOPTION OF SALARY PLAN 48
2.30 APPROPRIATE SALARY 48
2.35 BENEFIT PLAN 48
SECTION 3: TYPES OF APPOINTMENTS
49
3.05 TYPES OF APPOINTMENTS
49
3.10 PROBATIONARY APPOINTMENTS
49
3.15 FULL-TIME APPOINTMENT
49
3.20 EMERGENCY APPOINTMENTS
49
3.25 INTERIM APPOINTMENTS
50
3.30 WORKING OUT OF CLASS
51
3.35 TRANSFER
52
3.40 PROMOTION
52
Rev. July 2015 -2-
3.45 DEMOTION 53
3.50 RECLASSIFICATION 54
3.51 TEMPORARY ASSIGNMENT PAY 55
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL 56
SECTION 4: RECRUITMENT AND SELECTION
59
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES
59
4.10 PERSONNEL REQUESTS
59
4.15 JOB ANNOUNCEMENTS
59
4.20 PERSONNEL APPLICATIONS
60
4.25 DISQUALIFICATION OF APPLICATIONS
60
4.30 RECRUITMENT
60
4.35 EVALUATION OF APPLICATIONS
61
4.40 CANDIDATES' EXAMINATION INSPECTION
62
4.45 NEPOTISM POLICY
62
4.50 DRIVING SAFETY CHECK
64
4.55 ELIGIBILITY LISTS
64
4.60 FINAL DECISIONS OF SELECTION
65
4.65 PRE -EMPLOYMENT PHYSICAL
66
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION
66
4.75 PROBATIONARY PERIOD
66
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT
66
4.85 RESIGNATION
67
SECTION 5: COMPENSATION AND EVALUATION 68
5.05 SALARY AT APPOINTMENT 68
5.06 MARKET PREMIUM PAY 68
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES 68
5.10 EMPLOYEE PERFORMANCE EVALUATION 68
5.15 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE 70
5.20 BILINGUAL COMPENSATION 71
SECTION 6: ATTENDANCE AND HOURS OF WORK
73
6.05 WORK WEEK AND OVERTIME
73
6.10 NO GUARANTEE OF HOURS
73
6.15 STAND-BY AND CALL-BACK POLICY
74
6.20 TIME SHEETS
74
6.25 ABANDONMENT OF EMPLOYMENT
74
6.30 LUNCH AND BREAK POLICY
74
SECTION 7: LEAVES
76
7.05 JURY DUTY AND WITNESS LEAVE
76
7.10 PREGNANCY DISABILITY LEAVE
76
7.15 MILITARY LEAVE
77
7.20 LEAVE OF ABSENCE WITHOUT PAY
79
7.25 FAMILY AND MEDICAL LEAVE
80
7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE
86
Rev. July 2015 -3-
7.31 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM 89
7.35 DISABILITY LEAVE 90
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES 92
8.05 GROUNDS FOR DISCIPLINARY ACTION 92
SECTION 9: DISCIPLINARY ACTIONS
95
9.05 DEFINITION OF DISCIPLINARY ACTION
95
9.10 INFORMAL DISCUSSION
95
9.15 FORMAL WARNING
95
9.20 WRITTEN REPRIMAND
95
9.25 DISCIPLINARY SUSPENSION
96
9.30 REDUCTION IN PAY
96
9.35 DEMOTION
96
9.40 DISCHARGE
96
9.45 DOCUMENTATION OF DISCIPLINARY ACTION
96
SECTION 10: DISCIPLINARY PROCEDURES 98
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY 98
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE 98
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION 99
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION 99
SECTION 11: APPEAL HEARING PROCESS
101
11.05 HEARING OFFICER
101
11.10 REQUEST FOR APPEAL
101
11.15 ANSWER
101
11.20 TIME FOR HEARING
101
11.25 NOTICE OF HEARING
101
11.30 PRE -HEARING MEETING
102
11.35 WITNESS LIST AND SUBPOENAS
102
11.40 NATURE OF HEARING
102
11.45 EXCLUSION OF WITNESSES
103
11.50 PROPOSED FINDINGS OF FACT
103
11.55 OFFICIAL/JUDICIAL NOTICE
103
11.60 ORDER OF PROOF AT HEARING
103
11.65 FINDINGS OF FACT & RECOMMENDATIONS TO THE CITY MANAGER
103
11.70 DISPOSITION OF APPEAL
104
11.75 BURDEN OF PROOF
104
11.80 WITHDRAWAL OF AN APPEAL
104
SECTION 12: GRIEVANCES 105
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES 105
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES 105
12.15 FREEDOM FROM REPRISAL 106
12.20 RESOLUTION 106
12.25 WITHDRAWAL 106
Rev. July 2015 -4-
12.30 RESUBMISSION 106
12.35 EMPLOYEE REPRESENTATION 106
12.40 OBEY NOW/GRIEVE LATER 106
12.45 INITIATION OF GRIEVANCE PROCEDURE 106
12.50 INFORMAL GRIEVANCE PROCEDURE 107
12.55 FORMAL GRIEVANCE PROCEDURE 107
SECTION 13: EMPLOYEE RECORDS AND FILES 109
13.05 PERSONNEL FILES 109
13.10 DOCUMENTS IN PERSONNEL FILES 109
13.15 DISCLOSURE OF INFORMATION 110
13.20 CHANGE IN STATUS 110
13.25 APPLICATION RETENTION 110
13.30 DESTRUCTION OF PERSONNEL RECORDS 110
SECTION 14: EMPLOYEE BENEFIT PLAN
111
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS
111
14.06 PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA)
111
14.10 HOLIDAYS
116
14.15 VACATION LEAVE
117
14.20 SICK LEAVE
120
14.21 KIN CARE LEAVE
123
14.25 BEREAVEMENT LEAVE
124
14.30 ADMINISTRATIVE LEAVE
124
14.35 OVERTIME COMPENSATION
125
SECTION 15: TRAINING AND TRAVEL
127
15.05 TRAINING
127
15.10 IN-HOUSE TRAINING
127
15.15 DEPARTMENT TRAINING
127
15.20 SEMINARS AND CONFERENCES
127
15.25 TUITION REIMBURSEMENT
127
15.30 TRAINING AND TRAVEL REIMBURSEMENT
128
15.31 TRAVEL AND EXPENSE POLICY
129
EXHIBITS
A COMPUTER LOAN PROGRAM 139
B TRANSITIONAL RETURN TO WORK ASSIGNMENT 144
C NOTICE OF PHYSICIAN'S RECOMMENDATION 145
Rev. July 2015 -5-
(Last Update July, 2015)
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 1.80, 1.85, 1.96, 1.97, 2.35,14.05, and 15.31.)
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 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
Rev. July 2015 -6-
City Council of La Quints 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 Banding: The first step in the job evaluation process involving Banding each
decision -making duty according to the kind of decision required, into one of six (6)
broad categories, as follows:
Band A
- Defined Decisions
Band B
- Operational Decisions
Band C
- Process Decisions
Band D
- Interpretive Decisions
Band E -
Programming Decisions
Band F -
Policy Making Decisions
1.25.5 Call - Back: When an employee is off -duty and is called back to work.
1.25.6 City: The City of La Quinta.
1.25.7 City Manager: The City's Chief Executive Officer.
1.25.8 Classification: A group of positions with similar jobs at a similar level of
responsibility. This is described by a Classification Specification, sometimes referred to
as a job description.
Rev. July 2015 - 7
1.25.9 Classification Plan: A listing of Classification Specifications of City positions, as
recommended by the Employee Relations Officer and adopted by the City Council.
1.25.10 Classification Specification: A general description of a class of work, typically
including a general summary of the work, distinguishing characteristics of the class,
essential duties of the class, the knowledge and skills required at entry to the class,
and any licensing, educational or special physical requirements, sometimes referred to
as a job description.
Classification Specifications are written summaries of work which provide a systematic
method of grouping positions with similar essential functions. They should include:
Description of the type and level of work;
Description of the characteristics which distinguish this class from others which
may be in the same occupation or at the same level of authority and
responsibility; and
• Information which indicates standards for recruiting and selecting staff,
determining appropriate pay, defining career growth opportunities, identifying
performance expectations and complying with the Americans with Disabilities
Act (ADA).
1.25.11 Compensatory Time: Time accrued at time and a half or taken off from work
with pay, in lieu of paid overtime compensation.
1.25.12 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.
1.25.13 Confidential Employee: An employee performing the duties of a position
which is designated as confidential by the City Council or designee.
1.25.14 Contractual Employee: An employee hired and paid pursuant to the terms
and conditions of a specified written contract between such employee and the City.
1.25.15 Days: Calendar days _unless otherwise stated.
1.25.16 Decision Band Method (DBM): The job evaluation method chosen by the City
for classifying positions, based on the premise that the value of a job depends on its
decision -making requirements. Each position is assigned to a Band, Grade and Sub -
grade, resulting in an alpha -numeric rating which determines the appropriate salary
range for each position.
1.25.17 Decision Band Method (DBM) Ratings: DBM ratings are ratings assigned to all
levels within each classification, first by Band, then Grade, and finally Sub -grade. This
step-by-step refining process permits the City to assign a job clearly and to justify the
differences between various jobs, taking into account factors such as skill, effort,
Rev. July 2015 - 8 -
responsibility and working conditions. The ratings are the basis upon which the Salary
Structure is built.
1.25.18 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.
1.25.19 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.
1.25.20 Dependent Care: The term "dependent" as it relates to dependent care in the
City's Sick Leave Policy (Section 14.20), is limited to the following: an employee's child,
parent, spouse or registered domestic partner.
1.25.21 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.
1.25.22 Disciplinary Suspension: A disciplinary action that temporarily relieves an
employee from duty without pay.
1.25.23 Dismissal: The discharge of an employee from City employment.
1.25.24 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.
1.25.25 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.
1.25.26 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, volunteers, and temporary agency employees.
1.25.27 Employee Assistance Program: (EAP) A confidential assessment and referral
service designed to assist employees in resolving personal problems.
1.25.28 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.
1.25.29 Exceptional Performance Award: Exceptional performance awards should be
based solely on performance that exceeds defined standards or expectations for
Rev. July 2015 - 9 -
incumbents in the job class. Exceptional performance awards shall be granted as a
monetary award.
1.25.30 Executive Management: Department Directors and those who qualify for
executive exemption under FLSA.
1.25.31 Fair Labor Standards Act (FLSA): The Federal Law which guarantees
employees certain minimum wages and time and one-half overtime standards.
1.25.32 Fiscal Year: A twelve (12) month period from July 1 to June 30 in which the
City plans, budgets, appropriates, and expends its funds.
1.25.33 Full-time Employee: An employee who is regularly scheduled and expected to
work forty (40) hours or more during a work week (or those employees participating in
the Alternate Work Week Schedule).
1.25.34 General Non -Exempt Employee: An employee who is not exempt from the pay
and overtime provisions of FLSA.
1.25.35 Grading: The second step in the evaluation process designed to classify the
jobs according to the difficulty and effort involved in the supervisory responsibilities, if
any. Jobs that require the incumbent to supervise or monitor other jobs assigned to
the same Band (except Band A jobs) are assigned to the higher (coordinating) of the
two Grades within the Band to which his/her job has been assigned. Jobs that do not
supervise or monitor other jobs at the same Band, but may supervise or monitor jobs
at the next lower Band are assigned to the lower of the two grades (except Band A
jobs).
1.25.36 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.
1.25.37 Hearing Officer: An outside, independent person qualified to conduct an
appeal hearing on personnel -related matters, excluding grievances.
1.25.38 In -House Competitive Examination: A type of examination open only to City
employees meeting the minimum qualifications for a particular classification.
1.25.39 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.
1.25.40 Job Audit: A systematic analysis of the duties performed by an employee to
determine whether the duties are appropriate for the classification.
Rev. July 2015 - 10 -
1.25.41 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 Section 7.20 of these Policies.
1.25.42 Merit Salary Increase: The increase of an employee's salary within the salary
range established for the classification the employee occupies, resulting from
successful job performance, which is based on the overall rating received on the
annual performance evaluation.
1.25.43 Misconduct: Any act or unsatisfactory conduct or job performance which may
be subject to disciplinary action.
1.25.44 Open Competitive Examination: A type of examination open to all persons
meeting the minimum qualifications for a particular position.
1.25.45 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.
1.25.46 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 less than forty
(40) scheduled hours per week on a permanent basis (excluding those regular
full-time employees participating in the Alternate Work Week Schedule).
B. Temporary or Seasonal Employee: An employee, other than a contract
employee whose position has specified beginning and ending dates of
employment.
1.25.47 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.
1.25.48 Personnel Ordinance: Chapter 2.08.060 of the City's Municipal Code,
authorizing the establishment of a personnel system for the City.
1.25.49 Position: A specific job assigned to a job classification.
1.25.50 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.
1.25.51 Probationary Period (for initial hire or promotion): A working test period of not
less than six (6) months (unless extended). The six month probation period is
Rev. July 2015 - 11 -
calculated as six months after the some day of the month as the date of hire or
promotion, (i.e., if hired or promoted January 15, probation period expires July 15). 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.
1.25.52 Professional/Administrative/Management Employee: An employee who
qualifies for the executive (Professional/Administrative/Management) exemption
under FLSA.
1.25.53 Promotion: The advancement of an employee from one classification to
another classification having a higher salary range.
1.25.54 Reclassification: The reassignment from one classification title to a different
classification title in accordance with an evaluation of the minimum qualifications,
duties, and responsibilities of the position in question.
1.25.55 Reduction -In -Force (RIF): A layoff in the work force.
1.25.56 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.
1.25.57 Relative: (or "immediate family member" used for determining eligibility for
bereavement leave under Section 14.25 of these policies): A spouse, child, step -child,
legal guardian, parent, grandparent, grandchild, brother, sister, half-brother, half-
sister, aunt, uncle, 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.
1.25.58 Resignation: The voluntary separation by an employee from City employment,
or abandonment of the job by employee.
1.25.59 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.60 Salary Plan or Schedule: 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.
1.25.61 Salary Range: The range of pay an employee can earn while employed in a
particular classification.
1.25.62 Seniority: The length of an employee's continuous service with the City.
1.25.63 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
Rev. July 2015 - 12 -
(3) an opportunity to respond orally or in writing to an impartial reviewer prior to
discipline being imposed.
1.25.64 Staffing Plan: The classification titles, salary ratings 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.
1.25.65 Stand -By Assignment: Employees occupying a position designated as being
scheduled to be subject to being called back to work.
1.25.66 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.
1.25.67 Step: The various increments of a salary range, from minimum to job rate,
authorized for the subject classification.
1.25.68 Sub -grading: The final step in the job evaluation process that involves
assessing the relative difficulty, complexity, and skills required of the job in
comparison to the other jobs within the same Band and Grade. The following criteria
are used to assist in determining the relative difficulty between the decision making
requirements of jobs being evaluated:
• Time pressure
• Need for alertness
• Need for care and precision
• Essential skills and experience
1.25.69 Supervisor: An employee assigned responsibility for evaluation of
permanently assigned employees and for organizing, assigning and reviewing their
work.
1.25.70 Termination: The separation of an employee from City service because of
retirement, resignation, permanent disability, death or dismissal.
1.25.71 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.
1.25.72 Weapons: Fire arms of any type; knives with folding blades in excess of 3-1/2
inches; sheath knives; any knives prohibited by State Law; personal defense chemical
weapons such as (a) mace (tear gas) (b) oleoresin capsicum (pepper spray); any
martial arts weapons; electric stun guns (tasers); clubs, bats or other impact weapon.
1.25.73 Work week: 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.
Rev. July 2015 - 13 -
(Midnight) the following Sunday night (or as defined in the Alternate Work Week
Schedule Policy for those employees participating in same). 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.
1.25.74 Y-rate of Pay: The Y-rate of pay shall exist when an employee's salary is
frozen at the then current salary 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 or performance -
based salary 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.
The goals, objectives and strategies set forth in this document are subject to
budgetary limitations. Nothing contained herein is to be construed as a binding
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.
Rev. July 2015 - 14 -
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 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 them 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:
Rev. July 2015 - 15 -
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;
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, as follows: adhere 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 Safety Committee all unsafe conditions or
practices.
Rev. July 2015 - 16 -
Employees with questions about safety methods or practices should check with their
supervisor.
1.60 VEHICLE AND SEATBELT POLICY: All employees who are currently assigned a
City vehicle for their job duties will continue to be provided access to a vehicle. 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 then current
IRS rate. 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.
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
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.
Rev. July 2015 - 1 % -
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
Rev. July 2015 - 18 -
property, where it appears the employee's conduct is at fault; physical
altercation, verbal altercation, or unusual behavior.
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.
Having a Medical Marijuana Card and/or a cannabis prescription from a physician does
not allow an employee to use or possess any cannabis products (marijuana, hash, or
hash oil) on City property, while working as an employee, or while `on call' and subject
to return to work. The federal government still classifies cannabis as an illegal drug,
even if California has decriminalized its possession or use. Unlike .08 blood alcohol
levels, as yet there is no 'acceptable level of driving impairment' when it comes to
cannabis use and driving City equipment or vehicles. Employees are still subject to
testing under the City's reasonable suspicion, post -accident, or `safety sensitive
employee' policies, and receiving discipline, suspension, or termination for a positive
cannabis test.
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
Rev. July 2015 - 19 -
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) or refuse to submit to
a limited search of personal properties if requested by authorized City personnel,
based on reasonable suspicion or legitimate business need; or (3) are "convicted" of a
"criminal drug statue" violation, shall be subject to the disciplinary procedures which
are outlined in Section 10 of these Policies.
All City lockers, desks, cabinets, vehicles, and computer files 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 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.
Rev. July 2015 - 20 -
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.
1.75.2 Policy:
A. Covered Employees: The Department of Transportation drug and alcohol
testing rules apply 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
hazardous material regulations; and
hazardous material regulations; and
4. a vehicle designed to transport
the driver.
Department of Transportation
Department of Transportation
16 or more passengers, including
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:
1. Drucis
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.
Rev. July 2015 - 21 -
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.
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. Drug Testing: 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
(GUMS) analysis. GUMS 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
Rev. July 2015 - 22 -
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.
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.
Rev. July 2015 - 23 -
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.
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.
Rev. July 2015 - 24 -
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 some 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 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.
Rev. July 2015 - 25 -
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.
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.
Rev. July 2015 - 26 -
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:
1. 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.
L. Access to Records: The following agencies shall have access to all test
results without the verbal or written consent of covered employees:
1. 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. Training: 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:
Rev. July 2015 - 27 -
1. 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.
3. 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.
8. Procedures for Testing: 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.
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. Notice to Employees: Covered employees will receive a copy of the
Personnel Policies at the time they commence employment with the City.
Rev. July 2015 - 28 -
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, HARASSMENT, HOSTILE WORK ENVIRONMENT AND ANTI -
BULLYING POLICY: 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, gender, gender identification,
medical condition, marital status, sex, pregnancy, age, sexual orientation, domestic
partnership status, military and veteran status, or mental or physical handicap. 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, religious creed, color, national origin, ancestry, gender,
gender identification, medical condition, marital status, sex, pregnancy, age, sexual
orientation, domestic partnership status, military and veteran status, or mental or
physical handicap. 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. In addition to prohibiting all forms of discrimination and
harassment, the City also prohibits any form of "intimidation or bullying" in the
workplace or elsewhere, including offsite events, that reflects negatively on the
employee or on the City.
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. Harassment need not be motivated by a sexual desire, and the use of profane
or vulgar language alone, even between members of the same sex, may be sexual
harassment. It is illegal whenever (a) submission to such conduct is made a condition
of employment, either expressly or 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.
Rev. July 2015 - 29 -
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; profane or vulgar language, unwelcome
discussions of sexual practices or anatomy; and sexually offensive posters,
photographs, drawings, cartoons, jokes, stories, nicknames, or comments about
appearance.
Anti -Bullying: Every employee, public official and other individuals, such as temporary
agency workers, consultants, independent contractors and visitors, have the right to
be treated with respect. Bullying is the use of verbal and/or physical aggression with
the intention of intimidating or harming another individual. It can include any
intentional written, visual, verbal, or physical act, when the act harms the individual or
damages his or her property; has the effect of interfering with an employee's ability to
work; is severe or pervasive; and/or creates an intimidating or threatening
environment. Bullying occurs in many forms including, but not limited to, excluding,
tormenting, taunting, making abusive comments, or using threatening gestures;
pushing, shoving, punching, unwanted physical contact or any use of violence; graffiti;
name-calling, sarcasm, spreading rumors, teasing, etc. Such conduct can also occur
via use of electronic or telephonic communications such as the internet, email and
chat room misuse, mobile threats by text messaging or calls, or misuse of cameras
and video equipment.
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 or other prohibited behavior 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 Employee 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
Employee 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.
Rev. July 2015 - 30 -
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 Employee
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.
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
Rev. July 2015 - 31 -
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 shall bring a weapon (exclusive of personal
defense chemical spray) other than those employees required by their position to do
so, 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.
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.
The Workplace Violence Safety Act, Section 527.8 to the California Code of Civil
Procedure, 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. For additional guidance on
appropriate attire, see the City of La Quinta Customer Service Manual, Page 6, Dress
Code Standards.
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS: The following is a policy
statement regarding the proper use of the City's electronic equipment and systems.
This policy should be read in conjunction with Section 1.98 Cell Phone Use Policy.
Rev. July 2015 - 32 -
1. Purpose. This policy is created to establish policies that help ensure the City's
compliance with applicable law including, without limitation, the California Public
Records Act; protect the public welfare; regulate public officials' and employees' use of
electronic communications; identify the circumstances when electronic
communications must be preserved; and facilitate City business practices. Nothing
contained in this policy is intended to hinder City officials', officers', or employees' use
of electronic communications.
2. Definitions. Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words and phrases used in
this policy:
A. "Archival form" means either:
1. Transcribing or printing electronic communications in a legible
hard copy form; or
2. Transmitting, converting, or recording an electronic
communication into an electronic format by which the informational
content of the electronic communication is permanently or indefinitely
preserved and such information may be retrieved in readable or audible
and comprehensible form. Examples of such storage include, without
limitation, optical disk storage; microfiche; and digital photography that
is incapable of deletion or alteration.
B. "Communications equipment and software" means City -owned office
equipment and software used for communicating including, without limitation,
telephone (including voice mail), fax machine, copy machine, office automation
equipment (computer terminals or personal computers, including laptops) and
communications software applications such as electronic mail and Internet
browsers.
C. "Electronic communication" or "communication" means any
communication to, from, between or among any City official(s) or employee(s)
by using an electronic communication system for City business purposes when
it is necessary that the informational content of such communication be
preserved in archival form for future City use or reference.
D. "Information Technologies" or "IT" means any system, device, hardware,
software, or other equipment designed and used for transmitting or receiving
communications by any form of electronic mail (e-mail or text messages) or
voice mail system, or any network of interconnected computers, including,
without limitation, the Internet and Worldwide Web, as used for such purposes.
E. "Users" means City officers, employees (regular, extra -help and
temporary) contractors, volunteers and other individuals provided access to IT.
Rev. July 2015 - 33 -
3. City's Ownership. All City -provided electronic equipment, hardware, software,
temporary or permanent files and related systems or devices are the property of the
City of La Quinta. These include, but are not limited to, computers, cell phones,
Smartphones (collectively referred to as "Cell Phones"), network equipment, software,
telephones, voice mail, text messages, documents, spreadsheets, calendar entries, the
Internet, appointments, tasks and notes which are part of the City's electronic
systems or equipment.
4. No Expectation of Privacy. Where there is a business reason to do so,
supervisors have the authority to inspect the contents of any equipment, files,
systems, calendars, e-mail, text messages or voice mail used by their subordinates as
part of the regular job duties. "Business Reason" includes ensuring that employees
are complying with this policy, particularly if there has been prior disciplinary action
regarding failure to follow the policy. The City, however, will not act under this policy
on a random basis or when there is no business reason.
A. Information Systems may extract information, files, documents, e-mails,
text messages, voice mail, etc., including deleted items, when requested by
management for a business -related reason. Therefore, employees who use
electronic equipment and/or systems provided by the City of La Quinta cannot
be guaranteed absolute privacy.
B. No unauthorized passwords or security system may be added to any City
equipment or other systems.
C. Users should not regard any electronic communication as personal,
private or confidential. The City may conduct reviews of the content of
messages and files, and web sites visited on the Internet, when in the exercise
of its business judgment, the City determines that it would be prudent to do so.
The City may, without notice, inspect, repair and service all workplace
computers; and for business reasons may review and disclose all information
transmitted through Information Systems; and control access to Information
Systems in accordance with Federal, State, and local regulations.
D. City may restrict access to any Internet source when it determines, in its
sole discretion, that a source is unnecessary to facilitate City business.
Restriction of a specified source does not imply approval of other non -restricted
sources.
E. The City may restrict access to Information Systems without notice and
without a user's consent.
Be advised that under some circumstances, communications sent via e-mail or text
message may be subject to disclosure under the Public Records Act, or in cooperation
with law enforcement or as a result of litigation. If disclosure of e-mail or text
messages (or any other data files) should be required (despite the designation of any
message as "private" or "confidential"), the City shall not be liable for this disclosure in
any way. In short, the City's information system does not provide any guarantee of
personal privacy protection, and employees should use the system with this limitation
in mind.
Rev. July 2015 - 34 -
5. Use Regulation.
A. Electronic communications, including, without limitation, electronic mail,
voicemail, fax machines, and mobile phones, have become common tools in
City business. While using these technologically advanced communications, it
is important to recognize that the City remains obligated, under some
circumstances, to preserve communications under California law including,
without limitation, the Public Records Act (Gov't. Code §§ 6250-6276.48).
B. In addition, it is important to remember that these tools are provided by
the City to facilitate public business. Although limited and incidental personal
use of electronic communications may be understandable and acceptable,
these communication devices remain public property and should be used
primarily for public purposes. Users may use Information Systems for incidental
personal use that does not interfere or conflict with City business or job
performance during regular duty hours. Incidental means infrequent usage.
Personal use of the City's Information Systems is at the users' own risk and may
be accessed, reviewed, copied, deleted or disclosed by the City.
Acceptable business use is limited to the following:
1. Communication relating directly to achieving City or department
goals and the user's personal work -related goals.
2. Communication relating to a user's individual professional
development in the City.
3. Applying for or administering grants and contracts for City
programs.
4. Use for advisory, standards, research, analysis, and professional
society activities relating to the user's job duties and tasks.
5. Announcing and tracking new laws, procedures, policies, rules,
services, programs, information, or activities affecting the City.
6. Any general or routine governmental administrative
communications.
Users are encouraged to use generally accepted practices of etiquette while
using electronic communications and Information Systems. The City's
Information Services Analyst can provide users with such forms of etiquette.
6. Prohibited Uses.
Prohibited uses of communication equipment and software include, but are not
necessarily limited to, the following:
A. Uses that violate any local, state, or federal law;
B. Uses violating any part of an MOU or City Policy.
C. Uses relating to a user's private commercial activities including, without
limitation, advertising and consulting;
D. Accessing and distributing computer games;
E. Fundraising or public relations activities outside the scope of City
Rev. July 2015 - 35 -
business;
F. Political activities;
G. Religious activities;
H. Unauthorized access to systems, software or data;
I. Creating or propagating viruses;
J. Disrupting services;
K. Intentionally destroying or damaging equipment, software, or data;
L. Use of non -business software, e.g. games and/or entertainment
software;
M. Th reats;
N. Harassment or bullying;
0. Defamation;
P. Slander; and
Q. Access to, or communication of, material or graphic images which are
pornographic, violent, offensive, threatening, disturbing, obscene or profane.
7. Disclaimers.
Chat rooms and electronic discussion groups are specialized resources on the Internet
for sharing information with other professionals. However, employees may not
publish official positions or opinions of the City, or publish statements which could be
construed as positions or opinions of the City, via the Internet, text or e-mail without
prior authorization. All authorized participation in such forums must include the
following disclaimer: "Views expressed by the author do not necessarily represent
those of the City of La Quinta." Failure to include the required disclaimer may result in
revocation of access privileges and/or disciplinary action.
8. Confidential Information.
Information Systems may not be used to communicate confidential City information
to unauthorized individuals within or outside of the City. Confidential information
includes any information whose release is restricted under local, state or federal law,
any personnel information or records or any other information prohibited from release
to unauthorized persons by the employee's supervisor, manager or department head.
If an employee is unsure if City information or records are confidential, the employee
is required to ask a supervisor before releasing such information to unauthorized
individuals.
9. Compliance with law.
Immediately upon receiving a public records request, subpoena, or court order which
identifies an electronic communication, City officers and employees will use their best
efforts, and use all reasonable means practicable, to preserve such electronic
communications.
10. Violations.
Violations of this policy will be reviewed on a case -by -case basis and may result in
disciplinary action in accordance with the City's Personnel Policies (Sections 8, 9, 10
and 11). All unauthorized uses of the Internet may result in revocation of access
privileges and/or disciplinary action. Misuse of City communications equipment and
Rev. July 2015 - 36 -
software is a violation of the City's Personnel Policies and will result in disciplinary
action up to and including dismissal from employment.
1.97 FRAUD IN THE WORKPLACE POLICY.
Overview
The City of La Quinta is committed to protecting its assets against the risk of
loss or misuse. Accordingly it is the policy of the City to identify and promptly
investigate any possibility of fraudulent or related dishonest activities against the City
and, when appropriate, to pursue legal remedies available under the law.
Fraud is defined as an intentional deception, misappropriation of resources or
the manipulation of data to gain financial or other benefits. Fraud and other similar
improprieties include, but are not limited to:
a) Claim for reimbursement of expenses that are not made for the exclusive
benefit of the City.
b) Forgery or alteration of documents (checks, promissory notes, time
sheets, independent contractor agreements, purchase orders, etc.).
c) Misappropriation of City assets (funds, securities, supplies, furniture,
equipment, etc.).
d) Improprieties in the handling or reporting of money transactions.
e) Authorizing or receiving payment for goods not received or services not
performed.
f) Misrepresentation of information on documents.
g) Computer -related activity involving unauthorized alteration, destruction,
forgery, or manipulation of data or misappropriation of City -owned software.
This policy applies to Officers and Employees of the City.
• It is the City's intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial investigation
will be conducted regardless of the position, title, and length of service or relationship
with the City.
Each department of the City is responsible for instituting and maintaining a
system of internal controls to provide reasonable assurance for the prevention and
detection of fraud, misappropriation, and other irregularities. Management should be
familiar with the types of improprieties that might occur within their area of
responsibility and be alert for any indications of such misconduct.
Human Resources, in conjunction with the City Attorney, has the primary
responsibility for the investigation of all activity as defined in this policy.
Throughout the investigation, Human Resources will inform the City Manager of
pertinent investigative findings.
Rev. July 2015 - 37 -
Employees will be granted whistle -blower protection when acting in
accordance with this policy. When informed of a suspected impropriety, neither the
City nor any person acting on behalf of the City shall:
a) Dismiss or threaten to dismiss the employee.
b) Discipline, suspend, or threaten to discipline or suspend the employee.
c) Impose any penalty upon the employee, or
d) Intimidate or coerce the employee.
Violations of the whistle -blower protection will result in discipline up to and including
dismissal.
• Upon conclusion of the investigation, the results will be reported to the City
Manager.
The City Manager, following review of investigative results, will take appropriate
action regarding employee misconduct. Disciplinary action can include termination,
and referral of the case to the District Attorney's Office for possible prosecution.
The City will pursue every reasonable effort, including court ordered restitution,
to obtain recovery of City losses from the offender, or other appropriate sources.
Procedures
Mayor and City Council Responsibilities:
If the Mayor or a City Council member has reason to suspect that a fraud has
occurred, he/she shall immediately contact the City Manager (or contact the City
Attorney if the City Manager is involved).
The Mayor or a City Council member shall not attempt to investigate the
suspected fraud or discuss the matter with anyone other than the City Manager.
The alleged fraud or audit investigation shall not be discussed with the media
by any person other than through the City Manager in consultation with the City
Attorney and Human Resources.
Management Responsibilities:
Management is responsible for being alert to, and reporting fraudulent or
related dishonest activities in their areas of responsibility.
Each manager should be familiar with the types of improprieties that might
occur in his/her area and be alert for any indication that improper activity,
misappropriation, or dishonest activity is or was in existence in his/her area.
• When an improper activity is detected or suspected, management should
determine whether an error or mistake has occurred or if there may be dishonest or
fraudulent activity.
Rev. July 2015 - 38 -
• If management determines a suspected activity may involve fraud or related
dishonest activity, they should contact their immediate supervisor (or contact the City
Attorney or Assistant City Manager if the City Manager is involved).
Department directors should inform the City Manager (or contact the City
Attorney or Assistant City Manager if the City Manager is involved).
• Management should not attempt to conduct individual investigations,
interviews, or interrogations. However, management is responsible for taking
appropriate corrective actions to ensure adequate controls exist to prevent
reoccurrence of improper actions.
• Management should support the City's responsibilities and cooperate fully with
Human Resources, other involved departments, and law enforcement agencies in the
detection, reporting, and investigation of criminal acts, including the prosecution of
offenders.
Management must give full and unrestricted access to all necessary records
and personnel. All City furniture and contents, including desks and computers, are
open to inspection at any time. There is no assumption of privacy.
• In dealing with suspected dishonest or fraudulent activities, great care must be
taken. Therefore, management should avoid the following:
a) Incorrect accusations.
b) Alerting suspected individuals that an investigation is underway.
c) Treating employees unfairly.
d) Making statements that could lead to claims of false accusations.
In handling dishonest or fraudulent activities, management has the
responsibility to:
a) Make no contact (unless requested) with the suspected individual to
determine facts or demand restitution. Under no circumstances should there
be any reference to "what you did,", "the crime,", "the fraud,", or "the
misappropriation.".
b) Avoid discussing the case, facts, suspicions, or allegations with anyone
outside the City, unless specifically told to do so by the City Attorney.
c) Avoid discussing the case with anyone inside the City other than
employees who have a need to know such as the City Manager, Human
Resources, City Attorney or law enforcement personnel.
d) Direct all inquiries from the suspected individual, or his/her
representative, to the City Manager or City Attorney. All inquiries by an attorney
of the suspected individual should be directed to the City Attorney. All inquiries
from the media should be directed to the City Manager.
e) Take appropriate corrective and disciplinary action, up to and including
dismissal, after consulting with the Assistant City Manager, in conformance
Rev. July 2015 - 39 -
with the City's Personnel Policies and Procedures or the appropriate bargaining
document.
Employee Responsibilities:
A suspected fraudulent incident or practice observed by, or made known to, an
employee must be reported to the employee's supervisor.
When the employee believes the supervisor may be involved in an
inappropriate activity, the employee shall make the report directly to the next higher
level of management and/or the City Manager (or contact the City Attorney or
Assistant City Manager if the next higher level of management and/or the City
Manager is involved).
The reporting employees shall refrain from further investigations of the
incident, confrontation with the alleged violator, or further discussion of the incident
with anyone, unless requested by the City Manager, Human Resources, City Attorney
or law enforcement personnel.
Human Resources Responsibilities:
Upon assignment by the City Manager, Human Resources will promptly
investigate the fraud.
Human Resources shall be available and receptive to receiving relevant,
confidential information to the extent allowed by law.
If evidence is uncovered showing possible dishonest or fraudulent activities,
Human Resources will proceed as follows:
a) Discuss the findings with the appropriate management/supervisor and
the Department Director.
b) Advise management, if the case involves staff members, to meet with
the Assistant City Manager to determine if disciplinary actions should be taken.
c) Report to the external auditor such activities in order to assess the effect
of the illegal activity on the City's financial statements.
d) Coordinate with the City's Risk Management insurer regarding
notification to insurers and filing of insurance claims.
e) Take immediate action in consultation with the City Attorney to prevent
the theft, alteration, or destruction of evidentiary records. Such action shall
include, but is not limited to:
1) Removing the records and placing them in a secure location, or
limiting access to the location where the records currently exist.
2) Preventing the individual suspected of committing the fraud from
having access to the records.
Rev. July 2015 - CFO -
In consultation with the City Attorney, Human Resources may disclose
particulars of the investigation with potential witnesses if such disclosure would
further the investigation.
• If Human Resources is contacted by the media regarding an alleged fraud or
audit investigation, Human Resources will consult with the City Manager and the City
Attorney, as appropriate, before responding to a media request for information or
interview.
At the conclusion of the investigation, Human Resources will document the
results in a confidential memorandum report to the City Manager and the City
Attorney. If the report concludes that the allegations are founded, the report will be
forwarded to the La Quinta Police Department.
• Human Resources will be required to make recommendations to the
appropriate department for assistance in the prevention of future similar occurrences.
Upon completion of the investigation, including all legal and personnel actions,
all records, documents, and other evidentiary material, obtained from the department
under investigation will be returned by Human Resources to that department.
1.98 CELL PHONE USE POLICY.
Introduction.
The City recognizes that the use of personal cell phones has become prevalent in our
society and that employees rely on cell phones as a means of communication with
family and friends. As such, it is important for the City to clearly identify the
parameters for use of personal cell phones in the workplace. In addition, the City's
Cell Phone Policy addresses the parameters for using City -issued cell phones for those
employees requiring a cell phone in order to perform the essential functions of their
jobs.
1.98.1 Personal Cell Phone Use.
Employees are not prohibited from carrying personal cell phones while at work, but
must comply with the following requirements.
1. Generally speaking, employees should neither send nor receive personal calls,
text messages, or a -mails during work hours, excluding break times and lunch periods.
However, the City recognizes that at times it may be necessary for employees to
contact or be contacted by family members. The City also recognizes that
extraordinary circumstances may require an employee to conduct personal business
using their personal cell phone during working hours. Abuse of this privilege shall be
considered a violation of this policy.
2. Supervisors have the authority to restrict or prohibit use of personal cell phones
at any time on-the-job when they believe such situations or use may create a
Rev. July 2015 - 41 -
distraction or safety hazard to the employee, co-workers, contractors, and/or the
general public.
3. Calls to 911 or other emergency calls on personal cell phones during work hours
are permitted under this policy.
4. The use and/or wearing of "Bluetooth" or "hands -free" personal cell phone
devices is strictly prohibited during working hours, excluding break times and lunch
periods.
5. Except as discussed below, employees are not allowed to talk, email or text on
a personal or city -owned cell phone while driving any vehicle, including City vehicles,
while engaged in City business. Use of a cell phone to make a call in other than a
hands -free mode and texting or emailing in other than a hands -free mode while
driving (including at a stop sign or stoplight) is prohibited by State law (Vehicle Code
Section 23123.5). Wherever possible, phone use should occur when the vehicle is
pulled over off the road and safely stopped and the driver can devote full attention to
the phone call.
6. If an employee needs to use a personal cell phone for City business, the
employee can submit a request for payment for the minutes used, if those minutes
take the employee over the set limit of minutes under the employee's plan.
7. Many personal cell phones have camera features. The camera features may
not be used in the workplace unless for City business. Camera phones can potentially
violate the privacy of co-workers or be used to take pictures of confidential or sensitive
documents.
I. Cell Phone Stipend
a. The City of La Quinta recognizes that the performance of certain job
responsibilities may be enhanced by or may require the use of a cellular (cell)
phone or a Smartphone. The IRS considers these devices to be "listed property."
As such, IRS statutes (Title 26 U.S.C. section 274(d)(4)) require detailed record
keeping including (a) the amount of the expense, (b) the time and place of the
call, and (c) the business purpose for the call. The IRS can declare that all
undocumented use of a cell phone is personal and should be taxed as wages,
even if the majority of the calls are for business purposes.
b. In order to comply with IRS rules regarding the taxable nature of cell
phone usage by employees, as of September 1, 2014, the City of La Quinta will
issue a cell phone stipend for those employees who hold positions where the
duties of that position require the use of a cell phone. The benefits of such an
approach include:
i. A call log is not required;
ii. Monthly reporting is not required;
iii. A single phone may be used for both personal and business purposes;
and
Rev. July 2015 - 42 -
iv. The stipend will not be considered taxable income to the employee.
II. Policy
Employees who hold positions that include the need for a cell phone (see eligibility
criteria below) may receive a cell phone stipend to compensate for business -related
costs incurred when using their individually -owned cell phones. The City will not own
or provide cell phones for the use of individual employees except in limited situations
(e.g. field services, code enforcement/animal control, on -call employees, select
supervision, etc.).
III. Eligibility
a. Employees whose job duties include the frequent need of a cell phone for
City business may receive compensation, in the form of a monthly cell phone
stipend, to cover business -related costs. An employee is eligible for a personal
phone stipend if at least one of the following criteria is met:
i. The job function of the employee requires considerable time outside of
his/her assigned office or work area and it is important to the City that
s/he is accessible during those times;
ii. The job function of the employee requires him/her to be accessible
outside of scheduled or normal working hours where time sensitive
decisions/notifications are required;
iii. The job function of the employee requires him/her to have wireless data
and internet access; and/or
iv. The employee is designated as a "first responder" to emergencies.
b. An employee who only occasionally is contacted for business purposes is
not eligible for a stipend; however, s/he may submit a record of these expenses
for reimbursement.
IV. Stipend Plan
a. If an employee meets the eligibility requirements for use of a personal
cell phone for City business, as outlined above, a stipend may be requested in
writing through his/her Department Director.
b. Once approved, the stipend amount will be added to the employee's
regular pay. In order to meet IRS guidelines, any amount added for cell phone
equipment or for cell phone service will be identified as a non-taxable benefit.
C. The stipend will be paid as a flat rate per month as outlined below. The
City will pay only the agreed upon amount,
d. The stipend allowance is neither permanent nor guaranteed. The City
reserves the right to remove a participant from this plan and/or cancel the
stipend for business reasons.
e. The City requires employees to have both voice and data service on their
phone, and the stipend is:
i. Voice and data - $40 per month (prorated for a partial month)
Rev. July 2015 - 43 -
f. If an employee's job duties do not include the need for a cell phone, the
employee is not eligible for a cell phone stipend.
i. Such employees may request reimbursement for the actual extra
expenses of business cell phone calls on their personal cell phone.
ii. Reimbursement for per -minute "air time" charges is limited to the total
overage charge shown on the invoice; expenses for minutes included in
the plan will not be reimbursed.
iii. The individual should make personal payment to the provider, and then
should submit a request for reimbursement.
iv. Reimbursement documentation should identify the business purpose.
g. If an employee who is receiving a cell phone stipend is off work on an
approved leave of absence for a period of thirty (30) consecutive days or more
and is not required to use his/her cell phone for business purposes, that
employee shall have the stipend suspended for the period of the absence and
restored when the employee returns to work.
V. Equipment Purchase
a. The City will not pay for the purchase or replacement of personal cell
phones, activation fees or insurance.
b. With the approval of the Department Director, an employee utilizing a
City issued cell phone may purchase the device from the City for conversion to
personal use, including the phone number. In order to maximize the monetary
return to the City, the Information Technology Department will utilize Clover
Wireless or an equivalent firm to determine the market value of the device.
VI. Oversight, Approval & Funding
a. Department Directors are responsible for identifying employees in their
department who hold positions that include the need for use of a personal cell
phone for City business. Each department is strongly encouraged to review
whether a cellular device is necessary, and to select alternative means of
communication -e.g., land -lines, pagers, and mobile radios - when such
alternatives would provide adequate and less costly service to the City.
b. The Department Director is responsible for overseeing employee cell
phone needs and assessing each employee's continued need of a personal cell
phone for business purposes. The need for a cell phone stipend should be
reviewed annually, to determine if existing cell phone stipends should be
continued as -is, changed, or discontinued.
C. The City Manager will have the final approval authority.
d. Stipends are funded by the department submitting the request.
VII. Employees Rights & Responsibilities
a. The employee is responsible for purchasing a cell phone and establishing
a service contract with the cell phone service provider of his/her choice. The cell
phone contract is in the name of the employee, who is solely responsible for all
payments to the service provider.
b. Because the cell phone is owned personally by the employee the stipend
Rev. July 2015 - 44 -
provided is not considered taxable income and the employee may use the
phone for both business and personal purposes, as needed. The employee may,
at his or her own expense, add extra services or equipment features, as desired.
If there are problems with service, the employee is expected to work directly
with the carrier for resolution.
C. Support from the City's Information Technology (IT) Department is
limited to connecting a personally -owned PDA/Smartphone to City -provided
services, including email, calendar, and contacts.
d. An employee receiving a cell phone stipend must be able to show, if
requested by his/her supervisor, a copy of the monthly access plan charges and
business related documents confirming they continue to have a contract for
the cell phone.
i. If the employee terminates the wireless contract at any point, s/he must
notify his/her supervisor within 5 business days to terminate the stipend.
e. The City does not accept any liability for claims, charges or disputes
between the service provider and the employee. Use of the phone in any
manner contrary to local, state, or federal laws will constitute misuse, and will
result in immediate termination.
f. Any cell phone that has data capabilities must be secured based on
current security standards including password protection and encryption. If a
cell phone with data capabilities is stolen or missing, it must be reported to the
employee's supervisor, the wireless device service provider, and to IT as soon as
possible.
g. Employees are expected to delete all City data from the cell phone when
their employment with the City is terminated, except when required to
maintain that data in compliance with a litigation hold notice.
VIII. Cancellation
a. Any stipend agreement will be immediately cancelled if:
i. An employee receiving a cell phone stipend terminates employment with
the City.
ii. The employee changes position within the City which no longer requires
the use of a cell phone for business reasons.
iii. There is misuse/misconduct with the phone.
iv. A decision by management (unrelated to employee misconduct) results
in the need to end the program or there is a change in the employee's
duties
v. The employee does not want to retain the current cell phone contract for
personal purposes.
1.98.2 City -Owned Cell Phone Use.
1. Certain employees are issued City -owned cell phones or Smartphones
(collectively referred to as "cell phones") for City business. An employee who
believes he/she should have a City -owned cell phone should fill out a request
and submit to the Department Director, who has the authority to approve or
disapprove the request. However, it is expected that any employee who is
Rev. July 2015 - 45 -
required to use a cell phone in the performance of his or her duties on almost a
constant and ongoing basis shall be provided a cell phone by the City at the
City's expense.
2. The City retains the right to: (1) review the bills for City -owned cell
phones and (2) require payment from the employee for all personal calls in
accordance with IRS regulations as they now exist, or as they may be amended
in the future.
3. Employees issued a City -owned cell phone are responsible for properly
caring for it.
4. Employees are not allowed to install personal or other non -approved
software or applications on City -owned cell phones, or to disable any software
installed by the City, including virus protection systems.
5. All passwords or security codes must be protected and not given out to
others. The City's IT Department must be provided with all current passwords or
security codes.
1.98.3 Subpoenas and Public Records Requests
All City employees who use either a personal cell phone or a City -owned cell phone for
City business should be aware that the content of emails, texts or phone calls dealing
with City business may be subject to subpoena or a Public Records Act request related
to City business.
1.98.4 Violations of This Policy
Violations of the City's Cell Phone Policy may subject the employee to disciplinary
action under the City's Personnel Policies. Any questions regarding this Policy should
be directed to Human Resources.
1.99 COMPUTER LOAN PROGRAM:
All full-time employees who have completed probation are eligible for participation in
the City's Computer Loan Program. This is strictly a volunteer program. Program
parameters such as the maximum loan amount, interest rate and scope of the
program, will be evaluated on an annual basis. The Computer Loan Program policy is
attached as Exhibit A.
Rev. July 2015 - 46 -
SECTION 2: CLASSIFICATION AND SALARY PLAN
2.01 PURPOSE: The purpose of the classification and salary plan is to support the
recruitment, success, and retention of qualified and productive employees and to
encourage and reward activities that promote the City's vision, mission and values as
a highly performing organization.
The City desires to recruit and retain individuals who are customer service oriented,
demonstrate initiative, are team players, and accept responsibility, authority and
accountability for work performance. Once employed, the City believes that incentives
are critical if the employees are to be successful in achieving the mission, goals and
objectives of the City.
The City will offer appropriate developmental and advancement opportunities and
recognize performance with incentives for employee success, retention and
professional development. The City will administer this in an open, fair, and equitable
fashion.
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN: The classification
system defines the general scope and complexity of the work required and facilitates
internal equity across all jobs within all departments of the City. The goal is to
establish a classification structure with broadly defined classes that reflect
meaningful and measurable differences in the level of work within each classification
but maintains the flexibility necessary for employee growth and efficient
management.
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 some 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,
Rev. July 2015 - 47 -
unless otherwise provided by these Policies. The Employee Relations Officer shall
amend the Classification Plan to establish and assign an appropriate classification and
rating for the new position as approved by the City Council.
2.20 CLASSIFICATION SPECIFICATIONS: The purpose of Classification Specifications
is to ensure that new hires are qualified and capable of performing the work required.
Classification Specifications shall contain a job description, as well as knowledge,
skills, abilities, education, experience, sample duties and 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 Human Resources 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 compensation system
reflects both internal equity and external parity within the various labor markets in
which the City must compete (both public and private sector). The system also
rewards employees who perform at above -standard levels within their respective job
class. The Employee Relations Officer shall prepare an annual Salary Plan that
establishes the minimum through job 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: 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.
Rev. July 2015 - 48 -
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: Effective July 1, 2014, all initial appointments
made to a vacant regular position, shall be considered probationary for six (6) months
from the effective date of the appointment. Promotional appointments shall also be
considered probationary for six (6) months from the effective date of the promotional
appointment. As necessary, the probationary period for both initial and promotional
appointments 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 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.
An employee on initial 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. An initial 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
(for definitions of the work week for employees on the 9/80 Alternate Work Week
Schedule, please refer to the 9/80 Alternate Work Week Schedule Policy) 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.
Rev. July 2015 - 49 -
If not determined otherwise by an applicable provision or by an Emergency Operations
Plan approved by the City Council, the creation of positions and employment of
temporary positions shall occur 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, at a salary that is at least five percent (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 Quinta 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
Rev. July 2015 - 50 -
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 (which
includes each "Regular Day Off' for employees participating in the Alternate Work
Week Schedule) 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 51st day and for
each successive day during the twelve (12) month period in which the employee works
out -of -class.
In determining the appropriate salary for purposes of calculating out -of -class pay, the
employee shall be compensated at the salary in the appropriate salary range which is
at least five (5%) percent higher than the salary 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.
Rev. July 2015 - 51 -
A regular employee working out -of -class shall continue to accrue seniority in his/her
regular classification and shall be eligible to receive salary 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 3.25.
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 leave accruals.
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 in pay. An employee who transfers
to a lower 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 six (6) 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 -week
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
Rev. July 2015 - 52 -
authorize a competitive promotional examination in order to fill the position, as set
forth in these policies.
When an employee is appointed to a promotional position, that employee shall be
paid the salary in the higher salary range which is at least five percent (5%) higher
than the salary he/she received in the lower range, 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 some 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.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a
position at a lower salary than the position the employee formerly occupied, shall be
placed at the salary 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
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.
Rev. July 2015 - 53 -
The voluntarily demoted employee shall be placed in the salary 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.
3.50 RECLASSIFICATION: The Classification Specifications will be reviewed by the
Department Director and Human Resources periodically to ensure they meet current
needs. The Employee Relations Officer will facilitate the review process. 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.
The Employee Relations Officer will respond to requests for reclassification, and will
assist with the revision of Classification Specifications and development of new
Classification Specifications within the broad class concept, as necessary to meet the
ongoing operational requirements of the City.
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 some salary range as the previous Classification, and if the
incumbent is appointed to the reclassified post, the salary rate 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 salary in the new salary range which is at least equivalent to an
advancement of a full step over the step the employee held in the previous salary
Rev. July 2015 - 54 -
range, but in no case shall such salary exceed the top salary step of the higher
classification. .
Employees who are reclassified will not receive any adjustment in their base
compensation unless the salary range for the Classification into which they are
reclassified has a minimum salary that exceeds the employee's current salary.
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 or above the job
rate of the salary range.
Otherwise, the employee's new salary at the lower salary range shall be placed at a
salary rate which yields a salary closest to, but not less than, the current salary.
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.
3.50.4 Reclassification to Position with Higher -Level Qualifications: Incumbents who
do not meet the minimum qualifications of the new Classification to which they are
assigned, will be grandfathered in but will be required to acquire the applicable
knowledge and/or skills within a reasonable time period as determined by the
Department Director so that they qualify for the job. Where practical and feasible, the
City will work with the employee to identify and obtain the requisite training and/or
skills.
3.51 TEMPORARY ASSIGNMENT PAY: Temporary Assignment Pay allows for
temporary increases in pay beyond an employee's base rate of pay when duties
performed by the employee support such additional pay for specific periods of time.
Increases in pay may be granted to recognize the temporary assignment
requiring a greater level of skill. "Temporary assignment" shall mean a period of six
months or less. Requests for temporary assignment compensation may be initiated
by the Department Director or designee. Employees directed to continuously perform
higher level duties shall be entitled to a salary rate increase equivalent to one step
within their existing range. All Temporary Assignment Pay will be approved, provided
that:
1. The Department Director shall state in writing to the Employee Relations
Officer that the employee is performing duties requiring a higher level of
skill and outside the scope of their current classification.
2. Such assignment shall be temporary and will not exceed six months.
3. Temporary Assignment Pay shall be granted when employees are
assigned higher level duties due to position vacancies, special
Rev. July 2015 - 55 -
assignments, or when duties performed by the employee support such
additional pay.
4. Such increases in pay will not affect an employee's merit increases
pursuant to Section 5.15.1.
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 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 affect the
layoffs.
Reduction in Force WIR When it becomes necessary to reduce the work force in the
City, the Employee Relations Officer shall designate the 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 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)
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a. in the City; and
b. in the. Classification; and
C. in the department.
Order of Layoff Protocol:
• Comparisons will be based on the Overall Performance Rating for each
employee;
Plus/minus symbols added to any letter rating will be ignored;
• Letter rating order (i.e., better in 2012 than 2011) will carry no significance or
weight; and
• If two employees are rated by different supervisors in different departments
(i.e., an Office Assistant in City Clerk's Office vs. an Office Assistant in Community
Services), their evaluations will be deemed equivalent (unless one of the two has
received an overall rating of Below Expectations, Needs Improvement or
Unsatisfactory) for purposes of determining layoffs, and any disciplinary action in their
file will then become the primary determinant, followed by seniority, if necessary.
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.
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.
Rev. July 2015 - 5 % -
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.
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 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.
Rev. July 2015 - 58 -
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 race, religious
creed, color, national origin, ancestry, gender, gender identification, medical condition,
marital status, sex, pregnancy, age, sexual orientation, domestic partnership status,
military and veteran status, or mental or physical handicap, 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 filling of an authorized vacant position,
the responsible Department Director shall submit to the Employee Relations Officer a
written request containing at least the following information:
4.10.1 The Classification (job) title;
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.
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 Human Resources. All positions to be
Rev. July 2015 - 59 -
filled will be publicized by posting announcements on the City's official website 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 Human Resources. 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;
I. 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;
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 race, religious creed, color, national origin, ancestry,
gender, gender identification, medical condition, marital status, sex, pregnancy, age,
Rev. July 2015 - 60 -
sexual orientation, domestic partnership status, military and veteran status, or 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 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.
Rev. July 2015 - 61 -
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 1.25.57).
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.
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
Rev. July 2015 - 62 -
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 Employee Relations Officer and Department
Rev. July 2015 - 63 -
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.
Rev. July 2015 - 64 -
Eligibility lists shall remain in effect for six (6) months or until exhausted, whichever
occurs first. In addition, a Department Director can request from the Employee
Relations Officer that a supplemental list be -prepared at any time that an eligibility list
is in effect if all candidates on the initial eligibility list have been interviewed and the
Department Director does not feel that there is an appropriate match. An eligibility
list may be terminated at any time when less than three (3) eligible candidates
remain.
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 eligible applicants 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 in 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.
Rev. July 2015 - 65 -
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.
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 six (6) months, or any duly extended period,
of all initial or promotional appointments in a regular position 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 promotional 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.
Rev. July 2015 - 66 -
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.
Rev. July 2015 - 67 -
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 minimum salary 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 minimum, the Department Director may
recommend to the City Manager offering employment in excess of the minimum
salary. 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 salary at which the employee is appointed.
The hiring range will be from the range minimum to the job rate, based on
qualifications and dependent on market conditions. Appointment above the job rate,
but not to exceed the merit maximum, will be allowed subject to the approval of the
City Manager. The Department Director shall submit an exception request to the City
Manager. The exception request shall include a pay rate recommendation from the
Employee Relations Officer.
5.06 MARKET PREMIUM PAY: When a market comparison rate for a specific job or
class exceeds the defined job rate by at least 15%, a market premium may be applied
to the specific job/class and paid to all employees in the job/class who meet the
specific requirements for the premium (e.g. one engineering specialty within the
broader class of engineer). The market premium, if applicable, shall be subject to
review by the Employee Relations Officer, no less frequently than every two years, and
shall be adjusted as appropriate based on the market review. At such time as the
market differential becomes 10% or less, the market premium will be eliminated.
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES: When necessary and
appropriate, the City may use recruitment and/or retention incentives in order to
compete for skills that may be in limited supply and are necessary to recruit or retain
an individual for a position defined as a critical need by the City Manager. The amount
of the recruitment and/or retention incentive shall be based on data obtained from
survey results.
5.10 EMPLOYEE_ PERFORMANCE EVALUATION: Salary advancements will be based on
successful performance in the job class as determined through a job related
performance appraisal system that can be used to guide compensation decisions,
either in part or in whole. The Employee Relations Officer shall select a job evaluation
methodology that is appropriate for use with broad classifications. Regular reports on
forms prescribed by the Employee Relations Officer shall be made as to the efficiency,
competency, and conduct of all employees appointed by the City Manager.
Performance evaluations are required to be given after six (6) months at the
completion of an initial probationary appointment or promotional probationary
appointment, and annually thereafter in accordance with the City's annual evaluation
schedule for all employees in place at the time.
Rev. July 2015 - 68 -
PROPOSED COMPENSATION SCHEDULE FOR NEW HIRES/PROMOTIONS*
Month Hired or
Promoted
Month of 6-month
Probationary
Evaluation
Month of 6-month
Performance Pay
Award Eligibility
Months After
Evaluation Before
Eligible for
Performance Pay
January
July
October
3 months
February
August
October
2 months
March
September
October
1 month
April
October
October (same
0 months
May
November
_year)
October (following
year)
11 months
June
December
October
10 months
July
January
October
9 months
August
February
October
8 months
September
March
October
7 months
October
Aril
October
6 months
November
May
October
5 months
December
June
October
4 months
*Probationary period calculations done in accordance with Section 1.25.51.
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 salary 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
Classification Specification, 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
and agree or disagree with it.
Based upon the Performance Evaluation, the Supervisor may make appropriate
recommendations to the Employee Relations Officer regarding a possible salary
increase, promotion, or other action. City Manager approval is required for all such
actions.
Rev. July 2015 - 69 -
The Employee Relations Officer reserves the right to review any 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.
No other administrative reply, request, or appeal shall be allowed, except as may be
provided in the current Memorandum of Understanding with the La Quinta City
Employees' Association.
The employee and Supervisor must sign and date the evaluation. If the employee
refuses to sign the evaluation, the Supervisor shall note this fact and any
circumstances surrounding the employee's refusal on the Performance Evaluation.
Copies of the evaluation 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 BASED ON SUCCESSFUL PERFORMANCE: Employees should
receive salary increases for successful performance until they reach the job rate.
Employees who perform at less than standard or successful should not receive any in -
range adjustment. Employees who have reached the job rate and whose performance
exceeds the standard for the job class shall be eligible for exceptional performance
awards. Exceptional performance awards may or may not be added to base pay, at
the discretion of management and based on budgetary constraints.
5.15.1 Regular Full-time and Regular Part-time Employees shall earn increases based
on meeting satisfactory performance of duties in the overall rating, as follows:
A. Normal Progression: Employees who are hired below the job rate and
who receive an overall successful performance rating following completion of
an initial employment period of not less than six (6) months, become eligible for
enrollment in the performance pay system. From the date of employment until
the successful conclusion of the probationary period, no salary increase shall be
granted. At the end of a successful probationary period, the employee
becomes eligible for enrollment in the performance pay system, which shall
occur annually during the City's evaluation period for all employees. Employees
must achieve at least an overall "successful" rating to be deemed to be eligible
for consideration of a salary increase. An employee who receives an overall
"successful" rating is not, thereby, guaranteed a salary increase once they
reach the job rate. An employee who receives an overall performance rating of
"needs improvement" shall not be eligible for consideration of a salary increase.
Nothing in this Section shall preclude the City from adopting new evaluation
procedures and forms.
Rev. July 2015 - %0 -
B. Promotional Progression: From the date of promotion until the
successful conclusion of the probationary period, no salary increase may be
granted. When an employee is promoted to a classification with greater salary
range, his/her salary increases to an appropriate salary within the range of the
new job classification. An employee who is promoted shall be compensated at
the salary in the new salary range which is at least five (5%) per cent higher
than the salary the employee held in the previous salary range.
All promoted employees who successfully pass their probationary periods are
eligible for enrollment in the performance pay system which shall occur
annually during the City's evaluation period for all employees annually, again
provided they satisfy the eligibility criteria set forth herein.
C. Exceptional Performance Awards: Exceptional performance awards
should be based solely on performance that exceeds defined standards or
expectations for incumbents in the job class. Exceptional performance awards
shall be granted to those employees whose above standard performance is on-
going and their long-term performance indicates that such above standard
performance is the norm.
D. Pay for Performance Compensation Methodology: Pay increases shall be
based upon individual performance review ratings as follows:
If more than 2 steps below the job
rate:
Overall Performance Rating
NI
SU
EX
No
increase
1 step
2 steps
If only one step below the job rate:
NI
SU
EX
No
increase
1 step
1 step +
Performance
Pool
If at or above job rate:
NI
SU
EX
No
increase
No
increase
Performance
Pool
5.20 BILINGUAL COMPENSATION:
5.20.1 Bilingual Pay: Each full-time employee who has qualified for bilingual
compensation under Section 5.20.2 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, the employee shall receive bilingual compensation
to commence as of the next pay period.
Rev. July 2015 - 71 -
5.20.2 Eligibility: The Employee Relations Officer 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 Employee
Relations Officer and administrated through a testing process determined by the
Employee Relations Officer; and 2) accessibility to the public. The designated
employee(s) shall provide verbal 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 Employee Relations Officer who shall then schedule the employee to take
a standardized test.
5.20.3 Testing: Each employee who is authorized to receive bilingual compensation
shall be tested at the time of authorization and must successfully pass the test to
receive the additional compensation.
5.20.4 Discontinuing Compensation: If the bilingual skill is no longer needed or the
employee is no longer required to use it, the Department Director shall terminate the
bilingual compensation by written notice to the Employee Relations Officer. The
Employee Relations Officer 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.
Rev. July 2015 - 72 -
SECTION 6: ATTENDANCE AND HOURS OF WORK
6.05 WORK WEEK AND OVERTIME: The work week for City employees not on the
9/80 Alternate Work Week Schedule 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 (or as defined in the
9/80 Alternate Work Week Schedule Policy). 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.
General non-exempt positions: 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 forty (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.
All overtime must be authorized in advance by the employee's supervisor. Employees
who work unauthorized overtime shall be paid, but are subject to discipline for
violation of this policy.
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
Rev. July 2015 - 73 -
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 electronic time sheets
showing hours worked and leave taken. Time sheets must be approved 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 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, and shall not be added to lunch periods nor used as comp
time earned if employee chooses not to take them during the designated time
periods.
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. Lunch periods may not be waived and accrued
as comp time for purposes of increasing an employee's leave bank. Extenuating
circumstances, as determined by the immediate Supervisor, may establish cause for
variation from the scheduling of break and lunch periods.
Rev. July 2015 - 74 -
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.
Rev. July 2015 - % 5 -
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.
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.
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.
Rev. July 2015 - 76 -
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 Human
Resources.
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.
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,
Rev. July 2015 - 77 -
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.
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 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.
Rev. July 2015 - 78 -
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.
A leave of absence without pay in excess of forty (40) hours must be recommended by
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 rats
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 the leave. After thirty (30) consecutive
working days (which includes each "Regular Day Off' for employees participating in
the Alternate Work Week Schedule) 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
Rev. July 2015 - 79 -
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 (as revised in
January, 2009) ("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.
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. "Covered Servicemember" is a current member of the Armed Forces,
including a member of the National Guard or Reserves, who has a serious injury
or illness incurred in the line of duty on active duty that may render the
servicemember medically unfit to perform his or her duties for which the
servicemember is undergoing medical treatment, recuperation, or therapy; or in
outpatient status; or is on the temporary disability retired list.
E. "Spouse" means a husband wife, or registered domestic partner as
defined or recognized under California State law for purposes of marriage. For
purposes of this definition, husband or wife refers to the other person with
whom an individual entered into marriage as defined or recognized under state
law for purposes of marriage in the State in which the marriage was entered
into or, in the case_ of_a marriage entered into outside of any State, if the
Rev. July 2015 - 80 -
marriage is valid in the place where entered into and could have been entered
into in at least one State. This definition includes an individual in a same -sex or
common law marriage that either:
(1) Was entered into in a State that recognizes such marriages; or
(2) If entered into outside of any State is valid in the place where
entered into and could have been entered into in at least one State.
State means any State of the United States or the District of Columbia or
any Territory or possession of the United States.
F. "Serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves:
1. 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 (3) consecutive calendar days, and any
subsequent treatment or period of incapacity relating to the some
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 within thirty (30)
days from the first day of incapacity, absent extenuating
circumstances, and the first medical visit must take place
within seven (7) days of the first day of incapacity; or
ii) Treatment by a health care provider within seven (7)
days of the first day of incapacity 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.
Rev. July 2015 - 81 -
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:
i) Requires periodic visits (visiting a health care
provider at least twice a year for the same condition) for
treatment by a health care provider, or by a nurse or
physician's assistant under direct supervision of a health
care provider;
ii) 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.
G. "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, which 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)
Rev. July 2015 - 82 -
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, clinical social workers,
and physician assistants 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
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.
H. ualif inn Exiaencies" may include attending certain military events,
arranging for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post -
deployment reintegration briefings.
7.25.3 Reasons for Leave
Leave is only permitted for the following reasons:
A. Incapacity due to pregnancy, prenatal medical care or birth of a child by
an employee;
B. To care for the employee's child after birth, or placement for adoption or
foster care;
C. To care for the employee's spouse, registered domestic partner, son or
daughter, or parent, who has a serious health condition; or
D. For a serious health condition that makes the employee unable to
perform the employee's job; or
E. To care for a covered service member during a single 12-month period.
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; all prior service counts,
regardless of any breaks in service; 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 Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to
active duty status in the National Guard or Reserves in support of contingency
operations may use their 12-week leave entitlement to address certain qualifying
exigencies.
7.25.6 Amount of Leave
Eligible employees are entitled to a total of 12 work weeks of leave during any 12-
month period (with the exception of special leave entitlement that permits eligible
Rev. July 2015 - 83 -
employees to take up to 26 weeks of leave to care for a covered servicemember
during a single 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, registered domestic
partner 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 CitX: In any case in which a husband and
wife, or registered domestic partners, 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 work weeks during any 12-month period if leave is
taken for the birth or placement for adoption or foster care of the employees'
child (i.e., bonding leave). This limitation does not apply to any other type of
leave under this policy.
7.25.7 Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be
taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer's operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
7.25.8 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.
7.25.9 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 practicable 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.
Rev. July 2015 - 84 -
Employees must provide sufficient information for the City to determine if the leave
may qualify for FMLA protection and the anticipated timing and duration of the leave.
Sufficient information may include that the employee is unable to perform job
functions; the family member is unable to perform daily activities, the need for
hospitalization or continuing treatment by a health care provider, or circumstances
supporting the need for military family leave. Employees must also inform the
employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees may also be required to provide a certification and
periodic recertification supporting the need for leave.
7.25.10 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/CFRA
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 Duty 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.
D. Reinstatement Of "Key Employees": The City may deny reinstatement to a
"key" 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.
7.25.11 Required Forms
Rev. July 2015 - 85 -
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. Certification of health care provider for employee's serious health
condition; certification of health care provider for family member's serious
health condition; certification of qualifying exigency for military family leave; or
certification for serious injury or illness of covered servicemember for military
family leave.
C. Authorization for payroll deductions for benefit plan coverage
continuation; and
D. Fitness for duty to return from leave form.
7.25.12 Leave for School -Related Activities for a Child: An employee may be
eligible for leave to attend school -related activities of a child in accordance with Labor
Code Section 230.8.
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 Human Resources of the accident. Human
Resources 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. Human Resources shall give
the injured employee a Workers' Compensation Claim Form ("DWC-1") within one
working day of employer knowledge. The only exception to providing a Claim Form is
with respect to "first aid claims."
Under California state law, any employee sustaining an injury or illness arising out of
and in the course of employment may be entitled to:
7.30.1 All reasonable and necessary medical care for a work -related injury or illness;
7.30.2 "Temporary disability" payments in lieu of lost wages, commencing three (3)
days after the first full day of lost time.
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
Rev. July 2015 - 86 -
Physician" form to the Employee Relations Officer for treatment of job -related injuries
prior to the date of injury, 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 may also elect to treat with the City's
designated medical service provider.
If the employee's claim is delayed by the City's Workers' Compensation Program
claims administrator to determine whether it is work -related according to the laws of
the State of California, the employee is entitled to medical treatment during the
pendency of the investigation, up to a maximum of $10,000.
A regular employee who is unable to perform regular or modified duties because of an
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 absence from work because of
such disability. City pay is in lieu of "temporary disability benefits."
Such workers' compensation salary continuation shall commence with the first full
day of lost time after the employee has been placed on temporary disability for a
work -related injury or illness, and the employee is not able to return to work, either on
regular or modified duty, and shall conclude with:
(a) the employee's return to work in a regular or modified capacity for the
City or any other employer; or
(b) termination of such temporary disability by the medical provider; or
(c) upon reaching a maximum medical improvement, as determined by
competent medical evidence; or
(d) upon the completion of twenty-six (26) weeks on-the-job injury leave,
whichever comes first.
Employees with injuries or illnesses that persist beyond twenty-six (26) weeks may be
eligible for Workers' Compensation temporary or permanent disability payments as
defined by State law. The portion of workers' compensation salary continuation that
represents payment for lost time at the statutory "Temporary Disability" rate is non-
taxable.
While the City is not required by law to provide the following benefit, a regular
employee shall not be required to use accrued sick leave for medical treatment,
including doctor's appointments and/or physical therapy appointments, related to an
active, accepted Workers' Compensation claim for injury or illness arising out of and in
the course and scope of the employee's duties. Such leave shall be denoted as
"Workers' Compensation Leave" on the employee's time sheet and shall be paid from
the City's Workers' Compensation salary continuation fund. Appointments should be
Rev. July 2015 - 8% -
scheduled for the lunch hour or before or after work whenever possible to minimize
the impact on the City's operations.
City policy allows for regular employees unable to perform their regular or modified
duties by reason of an injury or illness arising out of and in the course of their
employment to integrate their accrued benefits once worker's compensation salary
continuation has ceased in order 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 "take-home" compensation. City paid medical benefits will continue until the
workers' compensation salary continuation has ceased (26 weeks).
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 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, 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.
Rev. July 2015 - 88 -
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 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM
7.31.1 PURPOSE
The City of La Quinta is committed to providing a work environment that is free from
discrimination. In keeping with this commitment, the City maintains a strict policy
prohibiting discrimination and harassment of injured employees.
The purpose of the Transitional Return to Work (TRTW) Program is to return all injured
employees, who are temporarily precluded from performing their normal duties, to
work in a TRTW assignment, if available.
7.31.2 RESPONSIBILITY
The Human Resources/Risk Manager will act as the TRTW coordinator. This individual
will function as the liaison with the workers' compensation claims administrator if the
claim is industrial.
7.31.3 PROCEDURES
A. Identifying TRTW Assignments:
1. Periodically, the TRTW coordinator will request that all
departments complete the "TRTW Assignment" form (Exhibit B). This
form assists the TRTW coordinator in identifying beforehand possible
TRTW assignments.
B. Employee Placed On TRTW By A Treating Physician:
1. If the employee has work restrictions, the work restrictions will be
listed on the "Notice of Physician's Recommendations" (Exhibit C) by the
treating physician.
2. If the employee's department is able to accommodate the
restrictions, the employee's supervisor will notify the TRTW coordinator,
and the coordinator will send a TRTW agreement letter to the employee.
3. The employee's supervisor will ensure that the employee is
complying with and working within the work restrictions imposed by the
treating physician.
The City of La Quinta will interact with the employee to discuss their
ability to continue performing modified duty at or near 90 days following
commencement of modified duty.
Rev. July 2015 - 89 -
C. Employee's Department Unable To Accommodate The Restrictions:
1. If the employee's department is unable to accommodate the
restrictions, the department will notify the TRTW coordinator
immediately.
2. The TRTW coordinator will:
i. Check file for previously submitted TRTW assignment forms.
ii. Contact other departments for possible TRTW assignments
based upon the employee's restrictions.
iii. Instruct the employee where to report if an assignment in
another department is located. (May be delegated to the
employee's supervisor.)
D. Unavailable Transitional Assignments:
1. If no TRTW assignment is available, the employee will be put off
work.
2. Employees off work are to contact the TRTW coordinator on a
weekly basis for the availability of TRTW assignments.
3. Failure to contact the TRTW coordinator may result in disciplinary
action.
E. Intermittent Assignment:
1. If an employee completes a TRTW assignment and there is no
additional TRTW assignment available, the employee will be put off work.
2. If the injury is industrial, the TRTW coordinator must immediately
notify the workers' compensation claims administrator that the
employee is not working.
F. Time sheet Procedures:
1. TRTW duty shall be denoted as "Regular" time on the employee's
time sheet with an additional explanation that the employee is on a
TRTW assignment.
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, continuing 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 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 shalt
Rev. July 2015 - 90 -
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) work weeks and 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 or administrative leave allowances, or leave
donated under the Vacation Leave Transfer Policy referred to in Section 14.15.5 of
these Personnel Policies, participation in the group health insurance plan shall
terminate unless the employee elects to retain said coverage at the employee's
expense. If the employee uses less than 50% of the hours needed per pay period to
receive a full paycheck, their 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) work weeks. 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.
Rev. July 2015 - 91 -
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.
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 Selling, providing, consumption of, being under the influence of, possession of
alcoholic beverages or illegal controlled substances or abuse of prescription
medication while on duty or in such close time proximity thereof as to cause any
detrimental effect upon the employee or upon other employees (See Section 1.65
regarding medical marijuana).
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.
Rev. July 2015 - 92 -
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 or bullying, on the basis of
race, religious creed, color, national origin, ancestry, gender, gender identification,
medical condition, marital status, sex, pregnancy, age, sexual orientation, domestic
partnership status, military and veteran status, or mental or physical handicap against
the public or other employee while acting in the capacity of a City employee.
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.
Rev. July 2015 - 93 -
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.
Rev. July 2015 - 94 -
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 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, procedures and/or regulations so that problems are resolved early
and thus, the need to utilize more severe 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) and
will be placed in the employee's central personnel file located in Human Resources.
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 Human Resources.
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)
Rev. July 2015 - 95 -
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 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 employee's personnel file.
A formal warning or written reprimand should be documented in the format
prescribed by the Employee Relations Officer. The employee shall receive a copy of
the documented formal warning or written reprimand, and a copy shall be placed in
the employee's personnel file in Human Resources. 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 or written reprimand. The
employee has ten (10) days from the date of receipt of the disciplinary action to
respond in writing.
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
Rev. July 2015 - 96 -
10. A copy of all such disciplinary documents shall be placed in the employee's
central personnel file located in Human Resources. The employee shall 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.
Rev. July 2015 - 97 -
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.
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
Rev. July 2015 - 98 -
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 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.
Rev. July 2015 - 99 -
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.
Rev. July 2015 - 100 -
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 a joint decision between
the employee and the City. The costs of the Hearing Officer shall be borne by the City.
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;
11.20.3 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
Rev. July 2015 - 101 -
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 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
Rev. July 2015 - 102 -
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 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.
Rev. July 2015 - 103 -
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.
Rev. July 2015 - 104 -
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 salary 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 Classification Specifications.
Rev. July 2015 - 105 -
12.10.13 Determination of standards, policies and procedures for selection, training
and promotion of employees.
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.
Rev. July 2015 - 106 -
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 12.55.
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.
Rev. July 2015 - 107 -
GRIEVANCE
PROCEDURES
STEP
CONTACT
FILE
DECISION
Informal
Supervisor
N/A
Immediate
Step I Formal
Department
15 working days
5 working days from
Director
from Informal
filing
Decision
Step II Formal
Employee
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
Rev. July 2015 - 1 08 -
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 actions 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 or near the Human
Resources/Risk Manager's office.
13.05.2 Payroll Files: The Human Resources/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.
Unless required for a criminal investigation, an observation folder on an employee
shall remain 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 commend
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 files) 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.
Rev. July 2015 - 109 -
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 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.
Rev. July 2015 - 110 -
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, other than a City Council
Member, must work a minimum of thirty (30) hours per week to be eligible for the
health benefit plan offered by the City. An Employee who works between thirty (30)
and forty (40) hours per week (other than employees participating in the Alternate
Work Week Schedule) will receive 75% of the contribution the City pays for a full-time
Employee and/or dependent(s).
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE 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 Human Resources. 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.
C. An employee who provides the City evidence of medical insurance under
a separate policy and requests to be deleted from the City's coverage shall
receive $250 per month as an in lieu payment. Should such other coverage
subsequently be unavailable to the employee, the employee shall have the
right to seek reinstatement to coverage under the City's policy upon written
request. In such a case, the City shall reinstate the employee's coverage and
cancel the in lieu payment if reinstatement is permitted under the provisions
for reinstatement then in effect with the City's health insurance provider.
14.06 PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA)
Statement of Intent:
To the extent not already provided for under current health and welfare benefit
policies and regulations, the City of La Quinta ("City") will provide benefits for eligible
employees as required by the Patient Protection and Affordable Care Act ("ACA")
enacted on March 23, 2010, including the Internal Revenue Code Section 4980H
Shared Responsibility for Employers Regarding Health Care Coverage. The City is
considered a "large employer" for the purposes of the Shared Responsibility Provisions
(Section 4980H to Title 26 of the United States Code, the Internal Revenue Code) of
the ACA.
The Internal Revenue Service will assess a penalty on the City if (1) it fails to offer
"substantially all" of its benefit eligible employees (and their dependents) the
opportunity to enroll in minimum essential coverage or offers coverage to
"substantially all" of its benefit eligible employees (and their dependents) that is
Rev. July 2015 - 111 -
either "unaffordable" or does not provide "minimum value" and (2) any benefit eligible
employee receives a subsidy for coverage through the exchange ("Penalty").
This Personnel Policy ("Policy") establishes the "Look Back Measurement Method Safe
Harbor" ("Look Back Safe Harbor") under the ACA. The City establishes this Look Back
Safe Harbor for the purposes of managing any potential Penalty.
This policy also establishes the Affordability Safe Harbors to determine affordability for
purposes of managing any potential Penalty.
Definitions•
For purposes of this policy, the following definitions shall apply:
1. Benefits: The Fixed Monthly City Contribution as provided under the City Council
adopted Memorandum of Understanding in effect at the time with the La Quinta City
Employees' Association.
2. Benefit Eligible Employee:
a. An employee hired into a budgeted position (as included in the
Authorized Positions - Salary Ratings Schedule) for an indefinite period of time
and scheduled to regularly work thirty (30) or more hours per week;
b. A member of the City Council; or
C. An Hourly/Seasonal/Temporary (HST) employee that:
i. Is determined to have worked at least thirty (30) hours per week
after the City has analyzed the total hours of work during either the
employee's Initial Measurement Period or Standard Measurement Period;
or
ii. Effective January 1, 2015, reasonably expected to work thirty (30)
hours or more per week.
3. Variable Hour Employee: An Hourly/Seasonal/Temporary (HST) employee that
at the time of hire is not reasonably expected to work an average of thirty (30) hours
per week.
4. On -Going Employee: An employee hired on or before November 2, 2013, or has
completed at least one full Standard Measurement Period.
5. New Employee: An employee hired after November 2, 2013, and has not
completed their Initial Measurement Period.
Policy:
1. Look Back Measurement Method Safe Harbor - Ongoing Employees: The City
establishes the Look -Back Safe Harbor with regard to all ongoing employees as
follows:
Standard Measurement Period: November 2 through November 1 (starting November
2, 2013 and continuing each year thereafter)
Rev. July 2015 - 112 -
Administrative period: November 2 through December 31 (starting November 2, 2014
and continuing each year thereafter)
Stability period: January 1 through December 31 (starting January 1, 2015 and
continuing each year thereafter.)
If an ongoing employee's employment status changes (as benefit eligible or not
benefit eligible) before the end of a Stability Period, the change in status will not affect
the classification of that employee's status for the remaining portion of the Stability
Period.
New Employees: Beginning January 1, 2015, on the start date of a new employee the
City will determine whether the employee is reasonably expected to be a benefit
eligible employee. If the employee is reasonably expected to be a benefit eligible
employee the City will offer health coverage before the end of the employee's first 60
days of employment.
New Variable Hour Employees: If, based on the facts and circumstances, on the start
date of a new employee the City is unable to determine that the employee is
reasonably expected to be employed an average of at least thirty (30) hours per week
over the initial measurement period, then the employee is considered a variable hour
employee.
The City establishes the following measurement periods for new variable hour
employees:
Initial Measurement Period: Twelve months (beginning on the first of the month
following the start date, unless the start date is the first of a calendar month in which
case the period will start on that date)
Administrative period: One calendar month (beginning the first of the month
following the end of the Initial Measurement Period)
Stability period: Twelve months following the administrative period unless the new
variable hour employee does not measure as a benefit eligible employee during the
initial measurement period, then the stability period associated with the initial
measurement period must not exceed the remainder of the standard measurement
period (plus any associated administrative period).
Transitioning from New to Ongoing Employee: The City will measure the hours of a
new variable hour employee during the first complete standard measurement period
for which he/she is employed. This means that a new employee's status may be
tested under an initial measurement period and at the same time be measured under
the overlapping standard measurement period.
Rev. July 2015 - 113 -
a) If an employee measures as benefit eligible during the initial
measurement period, he/she will retain benefit eligible status for the entire
associated stability period (even if the employee does not qualify as benefit
eligible during the standard measurement period).
b) If an employee does not measure as benefit eligible during the initial
measurement period, but qualifies as benefit eligible during the standard
measurement period, the employee must be treated as benefit eligible during
the stability period associated with the standard measurement period (even if
that means coverage must be offered before the end of the stability period
associated with the initial measurement period).
Breaks In Service: When an employee experiences a break in service without
providing at least one hour of service, the employee will retain the status the
employee had previously with respect to any stability period, except that an employee
will be treated as a new employee:
a) if the employee resumes employment after a period of at least 26
consecutive weeks with less than an hour of service; or
b) if the employee's period of no service (measured in weeks) is at least four
consecutive weeks long and exceeds the number of weeks of that employee's
period of employment immediately preceding the period of no service.
Hours of Service Calculation: Hours of service means each hour for which an
employee is paid, or entitled to payment by the City for a period of time during which
no duties are performed due to comprehensive annual leave, compensatory time off,
holiday, jury duty, or military duty. The City will calculate actual hours of service and
hours for which payment is due for hourly employees. For non -hourly employees, the
City will apply one of three methods on a reasonable and consistent basis:
a) calculate actual hours of service and hours for which payment is made
or due;
b) calculate hours of service using a days -worked equivalency (8 hours per
day for each day employee is credited with an hour of service); or
c) calculate hours of service using a weeks -worked equivalency (40 hours
per week for each week employee is credited with an hour of service)
Hours Based On Payroll Periods: The City has two options for calculating hours based
on payroll periods. The City may exclude the entire payroll period that contains
November 2 (the first day of the Standard Measurement Period), as long as it includes
the entire payroll period that contains November 1 (the last day of the Standard
Measurement Period). Alternatively, the City may exclude the entire payroll period
that contains November 1 (the last day of the Standard Measurement Period), as long
as it includes the entire payroll period that contains November 2 (the first day of the
Standard Measurement Period). The option chosen will be applied on a uniform and
consistent basis for all employees.
Rev. July 2015 - 114 -
Special Unpaid Leave: Special Unpaid Leave is defined only as unpaid leave under the
Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services
Employment and Reemployment Rights Act of 1994, or unpaid leave on account of
jury duty. When an employee takes special unpaid leave to determine hours of service
the City will compute the average after excluding any periods of special unpaid leave
during the measurement period and apply that average for the entire measurement
period.
2. Affordability Safe Harbors - The City intends to apply the Rate of Pay Safe
Harbor to determine the affordability of the minimum essential coverage that it offers
its benefit eligible employees. The City in its sole discretion may also apply the Form
W-2 Safe Harbor or Federal Poverty Line Safe Harbor. These affordability safe harbors
will be applied on a uniform and consistent basis for all employees in a reasonable
category.
Rate of Pay Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of an amount equal to 130 hours multiplied by the
employee's hourly rate of pay as of the first day of the coverage period.
b. The City may use this safe harbor only if the City does not reduce the
employee's wages during the calendar year (with respect to the employees for
whom the City applies the safe harbor).
C. If rate of pay increases during the year, the City will use the lowest rate
of pay for the year in the calculation.
d. The coverage offered by the City will be deemed affordable if the
employee's monthly contribution is equal to or less than 9.5 percent of the
monthly wage.
Form W-2 Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of the Form W-2 wages (as reported in Box 1) for the
employee from the employer for the calendar year in which coverage is offered.
b. The coverage offered by the City will be deemed affordable if the
employee's contribution is equal to or less than 9.5% of the employee's Form
W-2 wages as reported in Box 1.
Federal Poverty Line Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of a monthly amount determined as the Federal
Poverty Line (FPL) for a single individual for the applicable calendar year.
b. The coverage offered by the City will be deemed affordable if the
employee's monthly contribution does not exceed 9.5 percent of the monthly
FPL for a single individual for the applicable calendar year.
Rev. July 2015 - 115 -
14.10 HOLIDAYS: Days which are designated as paid holidays by the City Council shall
be legal holidays for City employees unless otherwise specified. Each holiday shall be
considered eight (8) hours. A holiday falling on Sunday will 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 Eve Day
Christmas Day
*New Year's Eve Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
*Christmas Eve (December 24) and New Year's Eve (December 31) in the event
those days fall on a weekday are considered paid holidays, and all employees
shall receive eight (8) hours of holiday pay for each.
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 work 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.
Floating holidays:
Regular full-time employees are also entitled to twenty (20) hours of 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. All floating
holiday hours 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
hours 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 hours not used.
Probationary employees may use their floating holiday hours if necessary.
Rev. July 2015 - 116 -
14.10.2 Regular Part-time Employees who work at least thirty (30) hours per week,
shall receive holiday compensation on a pro r6ta 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 work week.
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.
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 service
Annual number of hours eligible to earn
Beginning year
0-1
80 hours
Beginning year
2
88 hours
Beginning year
3
96 hours
Beginning year
4
104 hours
Beginning year
5
112 hours
Beginning year
6
120 hours
Beginning year
7
128 hours
Beginning year
8
136 hours
Beginning year
9
144 hours
Beginning year
10
152 hours
Beginning year
11 and after
160 hours
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 hours 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.
Rev. July 2015 - 117 -
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.
E. Each accrued vacation day shall be considered eight (8) hours.
F. Vacation leave may be taken in any increment of minutes, 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 work week. Employees in this category
may accrue up to 160 hours of vacation leave.
14.15.4 Vacation Buy -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 issued
as a separate check in December.
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 May or 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. Any employee desiring to exercise this option
must make a written request to the Finance Director no later than May 15 or
November 15 in the calendar year for which vacation buy back is sought. The
buy-back pay will be issued as a separate check in June or December.
C. Regular Part -Time Employees
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's vacation bank has been reduced
by at least 30 hours of vacation time 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 issued as a separate check in December.
14.15.5 Vacation Leave Transfer Policy (VLTP):
Rev. July 2015 - 118 -
The conditions for participation in the Vacation Leave Transfer Policy (VLTP) are as
follows:
A. If a full-time permanent City employee has been granted leave under
the Family and Medical Leave Act of 1993, which is for a period of up to twelve
(12) weeks, and the employee has exhausted all earned leave credits - sick,
vacation, administrative, compensatory (comp) time, and holiday credits, due
to injury or illness of himself/herself or an immediate family member, the
employee can request approval to take part in the VLTP, wherein fellow
employees can donate vacation leave or comp time to enable employees in
these situations to continue to receive their regular pay. An employee is
eligible to participate in the VLTP when he/she has been employed at least 12
months, completed their probationary period, and worked for at least 1,250
hours during the 12-month period immediately preceding the request for VLTP.
B. To participate in the VLTP, a request must be submitted specifically on
the VLTP Request Form to the department head and then to the Employee
Relations Officer (ERO) for approval of donated vacation leave or comp time
from fellow employees. Any appeal or a denial 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 needed.
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.
Rev. July 2015 - 119 -
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 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 by donee
through the VLTP.
0. 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"
once the requesting employee returns to work on a full-time basis.
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.
14.20 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 1.25.20 of these Personnel Policies). Sick Leave is not an earned
Rev. July 2015 - 120 -
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 ("dependent" is defined in Section 1.25.20 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.
All regular part-time employees who work less than 30 hours per week, in accordance
with "The Healthy Workplaces, Healthy Families Act of 2014" which takes effect July 1,
2015, shall earn 24 hours of paid sick leave per calendar year (paid at their hourly
rate) in each year of employment. Regular Part-time Employees who, on or after July
1, 2015, work in California for 30 or more days within a year from the commencement
of employment, are eligible to use accrued paid sick leave beginning on the 90th day
of employment, at which time sick leave of 24 hours (or such pro -rated amount as is
warranted based on start date) will be credited to the employee's Leave Account in a
lump sum and is available for use. Accrued paid sick leave does not carry over to the
following year, but will be paid out at the rate of 50% on the final paycheck in
December each year, or upon termination if same occurs earlier than the end of the
calendar year.
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
excessive absenteeism or tardiness (excused or not) which affects the employee's
ability to perform assigned duties; interferes with the efficient or effective operation of
City programs, or establishes a pattern of abuse or neglect. Each situation of
excessive absenteeism or tardiness shall be evaluated on a case -by -case basis
(exceptions may include FMLA leave or other approved leaves of absence).
Discipline under this Section shall be subject to the progressive discipline guidelines
outlined in Personnel Policy Section 9.05.
14.20.5 Definitions:
Rev. July 2015 - 121 -
a. Sick Leave: absence for health related matters of the employee or
dependents of the employee (as defined in Section 1.25.20 of these Personnel
Policies).
b. Improper Use of Sick Leave: Evidence substantiating any improper use of
sick leave, use of such leave for anything other than a bona fide reason, or any
violation of the rules herein shall be considered grounds for disciplinary action,
up to and including termination.
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. Any one specific day.
iii. Half days.
iv. Continued pattern of maintaining zero or near zero sick leave
balances.
V. Excessive absenteeism - use of more sick leave than accrued or
granted.
14.20.6 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon employee's termination,
as follows:
2 through 4 years of service 25%
5 through 9 years of service 50%
10 through 19 years of service 75%
20 years of service and up 100%
B. Mandatory Pay Back: 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 pay period in November 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.
C. Optional Pay Back: Employees have the option to be reimbursed for
accrued and unused sick leave above 240 hours up to 480 hours twice every
year for accruals through the last pay period in May or November. The sick time
pay back will be issued as a separate check in June or December.
D. 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.
Rev. July 2015 - 122 -
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.
14.20.8 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.
14.20.9 Temporary and Seasonal Employees shall not accrue paid sick leave, but may
take leave without pay as approved by their Supervisors.
14.20.10 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 work week. 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 14.20.6.
14.21 KIN CARE LEAVE
(a) An employee may use in any calendar year the employee's accrued and
available sick leave entitlement, in an amount not less than the sick leave that
would be accrued during six months at the employee's then current rate of
entitlement, to attend to an illness of a child, parent, spouse, or domestic
partner of the employee. All conditions and restrictions placed by the City upon
the use by an employee of sick leave also shall apply to the use by an employee
of sick leave to attend to an illness of his or her child, parent, spouse, or
domestic partner. This section does not extend the maximum period of leave
to which an employee is entitled under Section 12945.2 of the Government
Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec.
2606 et seq.), regardless of whether the employee receives sick leave
compensation during that leave.
(b) As used in this section:
(1) "Child" means a biological, foster, or adopted child, a stepchild, a
legal ward, a child of a domestic partner, or a child of a person standing
in loco parentis.
(2) "Parent" means a biological, foster, or adoptive parent, a stepparent,
or a legal guardian.
(3) "Sick leave" means accrued increments of compensated leave
provided by the City to an employee for use by the employee during an
absence from the employment for any of the following reasons:
(A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
Rev. July 2015 - 123 -
(B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
(C) The absence is for other medical reasons of the employee,
such as pregnancy or obtaining a physical examination. "Sick
leave" does not include any benefit provided under an employee
welfare benefit plan subject to the federal Employee Retirement
Income Security Act of 1974 (Public Law 93-406, as amended) and
does not include any insurance benefit, workers' compensation
benefit, unemployment compensation disability benefit, or benefit
not payable from the employer's general assets.
14.25 BEREAVEMENT LEAVE: Employees shall be allowed thirty-two (32) hours
Bereavement Leave in the event of death of an immediate family member as defined
in Section 1.25.57. Regular, part time employees who work at least thirty (30) hours
per week shall be allowed twenty-four (24) 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
of Administrative Leave per calendar year:
City Clerk
City Manager
Community Development Director
Deputy City Manager/Community Services Director
Finance Director/Treasurer
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 shall not apply.
14.30.2 Professional/Administrative/Management Employees: The following FLSA
exempt positions shall receive forty (40) hours of Administrative Leave per calendar
year:
Accounting Manager
Assistant Civil Engineer
Associate Engineer
Associate Planner
Building Official
Business Analyst
Rev. July 2015 - 124 -
Golf, Parks & Facilities Manager
Maintenance Manager
Management Analyst
Human Resources/Risk Manager
Planning Manager
Principal Planner
Principal Engineer
Construction Manager/ Inspection Supervisor
14.30.3 Accrual and Use: Upon hire, employees are credited a prorated amount of
Administrative Leave upon appointment. The prorated 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. 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 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 forty (40) hours. The Employee Relations Officer may allow
accrual beyond the maximum if circumstances warrant. All compensatory time shall
Rev. July 2015 - 125 -
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 WorkedOvertime 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 sixty dollars ($60.00) per holiday. Employees
out on an excused leave of absence (i.e., sick leave, vacation leave, use of comp time
off, administrative leave, etc.) for a full day are not eligible for standby pay on that
day.
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. July 2015 - 126 -
SECTION 15: TRAINING AND TRAVEL
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 by the City. All
employees with prior approval by the Employee Relations Officer may be reimbursed
Rev. July 2015 - 127 -
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 some has been submitted and approved by the Employee Relations
Officer. The general rule is that an employee must be employed at the time he/she
starts and completes the class or workshop in 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 10% of the total annual budgeted money
available for tuition reimbursement.
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
Rev. July 2015 - 128 -
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 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.
15.31 TRAVEL AND EXPENSE POLICY:
PURPOSE:
To establish uniform guidelines for City Council members, members of City legislative
bodies, and City employees to follow with regard to travel and expense reporting that
arises in the course of conducting City business.
BACKGROUND:
The City recognizes that attendance at meetings and conferences serves a vital forum
for the exchange of ideas in all areas of municipal administration, presenting and
receiving information, and advocating legislation of benefit to the City. The governing
factor in authorizing attendance at these functions is the tangible benefit accruing to
the City because of such attendance in relation to the overall expense to the City.
In the course of serving the City, City Council members routinely incur substantial job
related expenses, including increased cellular phone use charges; and City Council
members, members of City legislative bodies, and City employees incur other
incidental costs relating to meals, parking, entertainment, phone and related
miscellaneous charges.
To that end, City Council members, members of City legislative bodies, and City
employees are occasionally required to expend City funds. This is accomplished either
by requesting City funds in advance, using City issued credit cards, or by spending
one's own funds and requesting reimbursement from the City.
Government Code Sections 36514.5, 53232.2 and 53232.3 authorizes reimbursement
for actual and necessary expenses incurred in the performance of official duties. The
following policies are intended to cover what should be reasonable expenses of
Rev. July 2015 - 129 -
business meetings and travel and the reporting thereof and may not be all-inclusive.
The reasonableness of any unforeseen situations will be decided upon by the City
Manager for employee expenditures and by the City Council for elected and appointed
officials' expenditures.
POLICY:
1. AUTHORIZED EXPENSES
City funds, equipment, supplies (including letterhead) and employee time must only
be used for authorized City business. The following types of expenses generally
constitute authorized expenses, provided that other requirements of the policy are
met:
A. Communicating with representatives of regional, state and national
government on City -adopted policy positions;
B. Attending educational seminars designed to improve officials' skill and
information levels;
C. Participating in regional, state, and national organizations whose
activities affect the City's interest;
D. Recognizing service to the City (for example, thanking a longtime official
or employee with a retirement gift or celebration of nominal value or cost);
E. Attending City events;
F. Implementing a City -approved strategy for attracting or retaining
business to the City of La Quinta, this will typically involve at least one staff
member;
G. City Council stipends for cellular use, as provided in Section 1.98 Cell
Phone Use Policv of these policies.
2. RESPONSIBILITY
All persons subject to this policy have the responsibility to determine the
reasonableness of travel costs, as justified by the nature of travel. The intent is to
account for actual and necessary reimbursable expenses while each City Council
member, member of a City legislative body or employee accomplishes City goals as
reasonably as possible. This policy is not intended to address every issue, exception or
contingency that may arise in the course of City travel or attendance at meetings.
Accordingly, the basic standard that should prevail is to use good judgment in the use
and stewardship of City funds. Any deviations from this policy should be approved by
the City Council.
The City Manager shall administer and be the approving authority for the expenditure
of travel and expense funds in accordance with appropriations made by the City
Council in the annual adopted budget for all City employees and City legislative
bodies, with the exception of the appropriations made for City Council members travel.
Personal and City travel must not be commingled in such a manner as to increase
allowable expense or otherwise affect adversely the interest of the City.
Rev. July 2015 - 130 -
3. TRAVEL AUTHORIZATION
Official travel by persons covered by this policy requires prior written authorization by
the appropriate approving authority. The City form, "Travel Request and/or Advance,"
shall be used to document authorization, and may be obtained in the Finance
Department.
Travel trips of one -day or less shall not require a pre -approved "Travel Request and/or
Advance" if no advance is requested, but the second part of the form covering
conference update reporting must be completed, if applicable, upon return.
Out-of-state travel, round trips over 300 miles, or trips involving overnight stay must
be approved by the City Council. If time does not permit City Council approval, the City
Manager may authorize the travel request. The City Manager shall notify the City
Council of the authorized travel and the circumstances which prevented City Council
review/approval. Upon return, the "Conference Update Report" section of the "Travel
Request" form must be completed.
4. TRAVEL EXPENSES
Persons covered by this policy may provide their own funding and file claims for
reimbursement, or may apply for an advance of public funds by utilizing the "Travel
Request and/or Advance" form. All requests for advance of travel funds are to be
submitted through the approving authority to the Finance Department at least five (5)
working days before the intended date of departure. All advances must be properly
accounted for based on actual and necessary expense incurred, upon termination of
travel for which the advance was made. Advance payments do not constitute
approval to spend the entire amount advanced. Only actual and necessary expenses,
as further limited by the specific provisions of this policy, will be paid from City funds.
5. ADVANCE RESERVATIONS --CANCELLATION
Persons covered by this policy are encouraged to make reservations for any meeting,
convention, or dinner for which the City would bear the cost, which he or she is
planning to attend, in sufficient time to allow for lower airfare or reservations costs to
be obtained.
Cancellations that result in expenditure of City funds will be reviewed on a case -by -
case basis by the City Manager to determine whether the employee may be held
responsible for the cost. The full City Council will make that determination for any
canceled public official travel.
6. TRANSPORTATION
Individuals requesting official travel should attempt to travel by the means most
economical to the City consistent with scheduling needs and cargo space. In selecting
a particular method of transportation, consideration shall be given for the total cost to
the City which will result; including overtime, lost work, and actual transportation
costs. In the event that a more expensive transportation form is used, the cost borne
by the City will be limited to the cost of the most economical, direct, efficient and
Rev. July 2015 - 131 -
reasonable transportation form unless otherwise approved by the City Council.
Government and group rates must be used when available.
A. Automobile Travel
Transportation by car may be done either with a personal vehicle or City vehicle. For
persons other than those receiving a monthly auto allowance, if a personal vehicle is
used, net mileage will be reimbursed at the current Internal Revenue Service Rates
(see www.irs. ov). Net mileage equals roundtrip mileage minus any commute miles.
Before initiating overnight travel, those employees not receiving a monthly mileage
allowance should contact the Finance Department for the availability of a pooled
vehicle.
Those persons using their own vehicle and receiving a monthly auto allowance will be
reimbursed only for the net mileage in excess of 60 miles. In any case, mileage will
not be reimbursed for portions of the trip made for non -business related matters.
When the use of public air carrier transportation is approved, private automobile use
to and from the airport shall be reimbursed for all allowable miles at the current
Internal Revenue Service Rates (see www.irs. ov) or commercial auto rental will be
allowed if necessary and alternative personal or public transportation is unavailable or
unreasonable.
B. Air Travel and Automobile Rental
(1) Coach Class Air Travel. Reimbursement shall be made for coach air
travel if the cost of such air travel is competitive with other passenger
airlines' coach airfares.
(2) Rail Travel. Reimbursement shall be made for coach rail travel if the
cost of such rail travel is competitive with other coach rail travel fares.
(3) Taxi Service. Charges for taxi service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances. Portions of taxi
charges that are related to excessive tips (i.e., in excess of 15%) will not
be reimbursed.
(4) Shuttle Service. Charges for shuttle service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(5) Bus Fare. Charges for bus service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(6) Vehicle Rental. Charges for vehicle rental are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances. When determining
the type of rental car to be used, consideration should be given to the
Rev. July 2015 - 132 -
economic standards set forth in this policy and the appropriate use and
stewardship of City funds.
(7) Out of Pocket Expenses Related to Use of City Owned Vehicles.
Reimbursement for fuel and other out-of-pocket expenses incurred as a
result of the use of a City owned vehicle is permissible provided that use
of the City owned vehicle is the most economical, practicable and
efficient mode of transportation available under the circumstances.
(8) Chartered Travel. Use of chartered travel shall be reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(9) Airport parking may be used during travel on official City business and
is reimbursable with receipts.
7. LODGING
Lodging expenses will be reimbursed or paid when travel on official City business
reasonably requires an overnight stay. Lodging shall be obtained at the most
economical rate available for safe, clean, convenient, and quality accommodations.
Factors such as proximity to destination and prevailing rates should be considered for
reasonableness. If such lodging is in connection with a conference, lodging expenses
must not exceed the group rate published by the conference sponsor for the meeting
in question if such rates are available at the time of booking. Travelers must request
government rates, when available. If the group rate or government rate is not
available, lodging rates that do not exceed the median retail price for lodging for that
area listed on websites similar to www.priceli_ne..com or www.travelocitv.com or an
equivalent service shall be considered reasonable and hence reimbursable.
A. Advance Booking and Time Period
An employee is expected to make reservations well in advance whenever
possible and to take other actions to ensure that lodging is secured at
moderate rates. Lodging shall be limited to the maximum number of nights
required to conduct the assigned City business. If a person subject to this policy
chooses to arrive earlier or stay later than the length of City business, the
additional lodging and other expenses related to this decision are the
individual's personal expenses and will not be reimbursed or paid by the City.
B. Family Member Accompaniment
There is no objection to a spouse and/or other family member(s) accompanying
a person subject to this policy on a City business trip, if their presence does not
detract from the performance of City duties. The attendance at the meetings
and conferences by such family members of City employees and officials is to
be considered the sole expense of the individual employee and/or official, and
all differences in costs brought about by the attendance and/or accompanying
travel of a family member shall not be borne, paid or reimbursed by the City.
8. MEALS
Meals, except for those included in the cost of the registration, are allowable at actual
costs including reasonable tips and room service charges not to exceed $75 per day.
Rev. July 2015 - 133 -
Expense claims for meals including people other than the claimant shall include the
following information:
1. Date expense incurred
2. Parties participating
3. Purpose of the meeting
Itemized meal receipts are required.
9. OTHER ALLOWABLE EXPENSES
The following expenses shall be permissible, subject to other provisions of this
policy to the extent that they are actual and necessary:
A. Incidental transportation expenses, such as ferry fares; bridge, toll road
and vehicle parking fees;
B. Telephone and facsimile charges for official business;
C. Reasonable fees and tips paid to waiters, porters, baggage handlers, bellhops,
hotel maids, and other service personnel; and
D. Business related entertainment functions that are attended to promote
City related business objectives are allowable, as long as detail is provided
stating who attended and what subjects were discussed.
10. NON -ALLOWABLE EXPENSES
Personal expenses are not allowable. These may include, but are not limited to:
A. Barber and/or beauty shop charges
B. Fines for traffic violations
C. Private automobile repairs
D. Expenses of any persons accompanying the person subject to this policy
on the trip (except as noted in Section 9(D))
E. Purchase of personal items
F. Fitness/Health Facilities or Massages
G. Political contributions
H. Alcohol
Expenses that are not otherwise listed or identified in this policy shall require
prior approval at a public hearing of the City Council pursuant to Government Code
section 53232.2(f).
11. SETTLEMENT OF EXPENSES
All covered persons are responsible for the accurate preparation of their claims, and
the responsibility of omission or commission cannot be shifted to another individual.
A "Travel Expense Report" (obtainable in the Finance Department) substantiated by
receipts which verifies the claimed expenditures as being an actual expense, must be
submitted to the City Manager within ten (10) days of the expense being incurred or
the end of the trip, whichever is later. Inability to provide such documentation in a
Rev. July 2015 - 134 -
timely fashion may result in the expense being borne by the individual. All expenses
are subject to verification that they comply with this policy.
Pursuant to state law, Travel Expense Reports are public records.
If a person subject to this policy has drawn expense money in advance, a settlement
must be made based on actual expenses that are substantiated by receipts. If actual
expenses exceed the advance, upon approval by the City Manager, said expenses will
be reimbursed to the traveler by the Finance Department. If actual expenses do not
exceed the expense advance received, said traveler shall return all unused portions of
the expense advance to the Finance Department.
To be reimbursed for expenditures, an employee or official must sign and submit a
"Travel Expense Report" form or, if applicable, the "Conference Update Report" section
of the "Travel Request" form. No reimbursement shall be made until the "Travel
Expense Report" form or, if applicable, the "Update Report" section of the "Travel
Request" form has been property executed and approved by the City Manager, with
the exception of City Council members.
Elected and appointed officials' travel expenditures will be reimbursed if they are
within budgetary constraints, all proper forms have been completed and signed, and
receipts are attached.
The decision of the City Manager shall be final in all cases where conflicts of opinions
on reimbursement or allowable expenses exist. For City Council members and
appointed officials, the decision of the Council shall be final.
REPORTS BY CITY COUNCIL, BOARD OR COMMISSION
In accordance with state law, Council members and members of Boards and
Commissions shall provide a brief report in either verbal or written form, on meetings
attended at City expense at the next meeting of the City Council.
PROCEDURES:
There are two forms to be utilized for travel and expense reporting. The first form is
the "Request for Travel and/or Advance" form. This form is comprised of two basic
parts: Part 1 covers the authorization for travel and/or an advance, and Part 2 provides
follow-up information on the event attended. The second form is the "Travel Expense
Report" which is needed in order to create the proper audit trail necessary for
recording the expenditure of City funds.
1. "Request for Travel and/or Advance" form:
Out of state travel, trips in excess of 300 miles, or trips that involve overnight
stay must be approved by the City Council.
Trips or conferences that do not fall into the above category may be approved
by the appropriate department head, or by the City Manager in the case of
department head or non -elected officials' requests. The City Manager
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authorizes his own travel or conferences when they do not fall into the City
Council approval category mentioned -in the first paragraph.
Part 1 of this form, "Authorization," must be completed prior to the trip or
conference. Requests for cash advances are included in this part of the form. If
no advances are requested and City Council approval is not needed, this part of
the form may be filled out upon completion of the trip or conference if the
appropriate verbal authorization has been granted.
All approved advance requests are to be submitted to Finance at least five (5)
working days before being needed. A second copy of this form will remain with
Finance as payment backup documentation. The traveler will retain the original
until Part 2 is completed and submitted with the Expense Report. Advances
and all other expenses must be reconciled and approved on the "Travel
Expense Report" and submitted to Finance within five (5) working days after
completion of the trip or conference.
Part 2 of this form, "Conference Update Report", is to be completed with a short
narrative highlighting the subject of the conference and its relevance to City
operations. This section must be completed when any conference expenses are
incurred in the time period required by this policy.
The original "Request for Travel and/or Advance" form must be attached to the
"Travel Expense Report" when that form is submitted.
2. "Travel Expense Report" form:
The "Travel / Expense Report" (referred to as the "expense report") is required
to track all travel and expenditures of the City. A proper audit trail, which
includes supporting receipts, is necessary to comply with travel and expenses
reporting requirements.
The expense report which must be filled out is designed to be a logically
grouped over -view of the total expenditures incurred while traveling. Detail
and supporting documentation, including receipts and the "Request for Travel
and/or Advance" form, must be attached as backup to this expense report.
There is some space provided on the form itself for detailed explanation of any
circumstances or situations that may need to be addressed.
Meal and business entertainment receipts must identify names of who
attended and what business matters were discussed. Itemized hotel bills are
needed rather than, or in addition to, lump sum receipts. Monthly credit card
bills are not to be used in lieu of the actual charge receipts. Receipts must be
submitted for all expenses. In the event that receipts are not available, a
written explanation of the circumstances as to why this is the case must be
provided, as well as the reason for the incurred expense.
Rev. July 2015 - 136 -
The expense report is divided into three columns to cover whatever spending
situations may occur.
Column 1 is to contain allowable business expenses that the claimant has paid
for personally, whether by personal credit card, check or cash. Cash advances
become personal cash as soon as they are received from the City. Therefore,
column 1 should be used when spending cash even if it was received from a
City advance. The advance in such cases will also be listed in column 3 as a
non -business expense of the City. When columns 1 and 3 are netted together,
the refund amount will be determined.
The Expense Report should also be used for all mileage reimbursement claims
whether conference related or not. Column 1 of the form shall be completed
with appropriate detail.
Column 2 is to contain all City paid expenses. These will primarily be City credit
card expenses but may also include any checks or cash that were paid directly
to the provider and were not received by the as an advance. Such checks or
cash paid directly may not always be readily determined, but the claimant
needs to include these amounts to reflect the total cost to the City.
Totals from columns 1 and 2 should be added and the result placed in the
"Total Trip Expense" box.
Column 3 is to contain the amounts which were paid by the City on either
check, cash, or credit card for items which are not reimbursable expenses. All
efforts should be made not to use City funds for unallowable expenditures.
Any advances that the claimant receives, whether check or cash, must be
picked up in this column. Advances are considered non -business expenditures
by the City and are the property of the recipient. Allowable expenditures that
occur in such cases are listed separately in column 1.
The total from column 1 is subtracted from the total of column 3 and the
balance is due the City. If that result is a negative balance, it is a balance due
the claimant.
The claimant must sign the expense report certifying its correctness. Council
member reports need only Council member signature. All other reports require
City Manager and the appropriate department head signature approval.
All expense reports will be kept in a segregated payable file whether money is
due the claimant or not. Finance will verify credit card receipts with the
expense report and then attach the receipts to the credit card billing as backup
documentation. Any credit card billing received without receipts is not a
reimbursable expense. Any personal charges incurred, or advances not
reconciled, are considered a receivable to the City and may be deducted from
Rev. July 2015 - 13 % -
any checks issued by the City to that individual after the five (5) day report filing
deadline has expired.
Because these items are public records, staff is instructed to redact private
financial information (i.e., credit card numbers or account numbers) to protect
the privacy of those submitting receipts.
COMPLIANCE WITH STATE LAW / VIOLATIONS
City officials should keep in mind that some expenditures may be subject to reporting
under the Political Reform Act and other laws. All agency expenditures are public
records subject to disclosure under the Public Records Act and other applicable laws.
Use of public resources or falsifying expense reports in violation of this policy may
result in any of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City's reporting the expenses as income to the person to state and
federal taxing authorities;
4. Civil penalties of up to $1,000 per day and three times the value of the
resources used;
5. Prosecution for the misuse of public resources.
Rev. July 2015 - 138 -
EXHIBIT A
CITY OF LA QUINTA
Computer Loan Program
Criteria
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California:
ELIGIBILITY
All full-time employees who have completed probation are eligible. This is strictly a
volunteer program and the employee will use their own time and expense in order to
participate. Also, program parameters such as the maximum loan amount, interest
rate and scope of the program, will be evaluated on an annual basis.
SCOPE
The City has adopted a Windows operating system.
The following items are eligible for inclusion in the loan amount:
Desktop computers, laptops, tablets, printers, monitor, scanner, backup devices, hard
drive, CD/DVD ROM drives, surge protector, wireless routers, speakers, battery backup,
upgrading current equipment, including memory, and warranty costs. Software that is
commonly used at the City is eligible. Normal installation costs, protection plans and
sales tax are also included.
The following items are not included:
Software (not included as loaded software in the computer purchase unless
commonly used at the City) and Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
FREQUENCY
An employee may apply for participation in the program at any time by contacting
Human Resources and submitting an application form. After an employee has
participated in the program, the employee will not be eligible again until all loans are
repaid in full.
AMOUNT OF LOAN
A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that
an employee is eligible to receive the entire $1,750 and spends less, the remaining
amount cannot be carried over to the next year. For example, if an employee receives
Rev. July 2015 - 139 -
approval to spend up to $1,750 and only requires $1,000, the remaining amount of
$750 cannot be loaned in future years. Loans are awarded based on the availability of
funds.
INTEREST RATE
The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal
installments from the nearest payroll date of the loan. A $1,750 loan would be repaid
in accordance with Attachment No. 1. Early payoff of loans will be for the outstanding
principal at the next payroll date after notification.
SELECTION PROCESS
Eligible employees must submit an Intent to Participate form in order to be considered
for the loan. Each loan request will be processed upon submission, subject to approval
and available funds.
Employees will be classified into two groups - New Participants and Repeat
Participants. New participants have priority over repeat participants. Repeat
participants are not eligible for a new loan until all new participant requests have been
approved and their previous loans are repaid. Any participant who has defaulted on a
previous loan is ineligible for future loans.
RiskManager will track the receipt of loan requests to determine the selection order of
eligible employees. Funding of the approved loan requests will continue until
available funded slots are filled. A list of each employee participating in the program
and the order selected will be compiled and will be available on request. Employees
have sixty days to complete their purchase from the date of being notified of their
eligibility.
Each year the City will determine the amount that may be loaned for the Computer
Program. No carryover of unused funds to the next fiscal year is allowed.
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program.
The employee is responsible for purchasing the equipment within sixty days of award,
handling vendor complaints, and maintaining service of the equipment. The computer
equipment will be purchased by the employee in the employee's name. The City's only
role is to provide loans for the purchase and the collection of the loan.
The City loan is for the purchase of computer equipment and eligible software with
payment by the City for its portion made payable to the computer vendor and not to
the employee. The City will give the check payable to the vendor to the employee. If
the employee purchase is for more than the City loan amount, the employee is
Rev. July 2015 - 140 -
responsible for the difference. The City will not be responsible for any difference nor
will it cosign for any loans. In addition, no City purchase order may be used for any
purchase nor may any employee verbally or in writing represent that the City is
purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vendor to accommodate this method of
payment.
Prior to any payments being made, the employee must submit a sales quote for the
items being selected to Human Resources. After being reviewed for eligibility, the
employee will be notified of any items not qualifying under the Program. After the
sales quote has been reviewed and modifications made, a check to the computer
vendor will be produced. The vendor check will be given directly to the employee. The
employee will then produce a final invoice to the Finance Director evidencing the
transaction. The City will not make a loan if the previously described steps have not
been complied with. For instance, the City will not reimburse an employee after a
purchase has been made by the employee.
REPAYMENT
The employee will sign a slip authorizing withholding of the principal and interest
amount from future paychecks and authorizing the City to withhold any remaining
principal and interest still due and owing from their final paycheck, in the event the
employee leaves City service before the loan is repaid. If the loan amount exceeds
the final paycheck after all other withholdings are made, the employee will pay the
remaining principal amount due with personal funds within one week of leaving City
service. It is the employee's responsibility to make payment. If such payment is not
made within seven days, the employee is deemed to have defaulted on the loan. The
City will commence actions it deems necessary to collect on the remaining loan.
Interest will continue to accrue after default until repaid in full. Interest may accrue
past the two-year term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court,
City legal resources or other measures necessary for collection. The City will attempt
to recover any costs expended on collecting the loan from the employee.
VENDOR SELECTION
The City has not specified one particular vendor nor does it recommend a particular
vendor. The employee is responsible for selecting a vendor and negotiating the price,
warranty and other terms of the purchase
The employee is responsible for any mailing and service charges not covered by any
warranties.
USE OF COMPUTERS
Rev. July 2015 - 141 -
If the equipment is said before the end of the loan, the outstanding principal and any
accrued interest will continue to be due and owing to the City, and payroll deductions
will continue until such time as the loan is repaid in full. Returning merchandise
purchased under this program for a cash refund or exchange for other than items
permitted under this computer loan policy is strictly prohibited. .
EARLY DUE DATE OF LOAN
The loan is for a one- or two-year period unless the employee leaves City employment,
in which case the principal and interest is due from the final paycheck.•
ATTACHMENT
The attached form will be used to document the transaction.
Rev. July 2015 - 142 -
CITY OF LA QUINTA COMPUTER LOAN PROGRAM
EMPLOYEE NAME
(Please print)
DATE:
SUPPORTING DOCUMENTATION:
SALES QUOTE $
(Please attach all documentation)
AMOUNT OF AUTHORIZED LOAN $
I have received and read the Computer Loan Policy of the City of La Quinta and hereby
authorize the City to withhold the following amount from my paycheck for the number
of pay periods indicated in the following table:
Number of Pay Periods: (Please circle one) 26 ($
or
52 ($ )
In the event I leave City service before the loan is repaid, I hereby authorize the City to
withhold any remaining principal and interest still due and owing from my final
paycheck, and to pursue other collection remedies in accordance with the provisions
of the Computer Loan Policy.
Employee Signature
Date:
Finance Director Signature
Date:
PLEASE RETURN TO HUMAN RESOURCES
Rev. July 2015 - 143 -
EXHIBIT B
CITY OF LA QUINTA
TRANSITIONAL RETURN TO WORK ASSIGNMENT
Goal: To reduce costs associated with lost -time injuries.
Method: Return injured employees who are temporarily precluded from
performing the essential functions of their normal and customary duties
back to work in a transitional assignment.
TRANSITIONAL RETURN TO WORK ASSIGNMENTS
Area:
(Generic Description)
Time Period: (from to )
Department Section
Contact Phone No.
A) Duties:
B)
C)
D)
E)
Location:
Scheduled Hours:
Supervisor:
Physical Requirements of tasks:
F) Skills Required:
Rev. July 2015 - 144 -
EXHIBIT C
Please return to the Human Resources/Risk Manager
CITY OF LA QUINTA
Notice of Physician's Recommendation
Date:
Employee Name: Date of Injury:
RETURN FROM ILLNESS OR LEAVE
MEDICAL CLEARANCE FOR EMPLOYMENT IS (CHECK BELOW)
RETURN TO WORK DATE:
NEXT APPOINTMENT:
TIME:
❑ Released to return to full duty: (Employee may report for normal work
assignment).
❑ Released to return to modified duty (Employee may report for conditional work
assignment) on with the following
restrictions :
1. ❑ Keep wound or dressing dry and/or clean
2. ❑ No pushing, pulling, lifting (circle applicable) in excess of
pounds
3. ❑ Limited ❑ standing ❑ walking ❑ sitting ❑ stooping ❑ bending ❑
squatting
Duration Other limitation
4. ❑ Limited use of ❑ right ❑ left
❑ hand ❑ wrist ❑ shoulder ❑ arm
Duration Other limitation
5. ❑ Limited overhead work
6. ❑ Limited ❑ climbing ❑ stairs ❑ uneven surfaces ❑ other
Duration Other limitation
7. ❑ Other restrictions or limitations
8. Anticipated duration of modified work described above is day(s) or
week(s)
9. All releases to modified duty include the restriction of no sports activity.
❑ Total temporary disability until (Employee
unable to return to normal & regular duties.)
Other restrictions:
Rev. July 2015 - 145 -
EXHIBIT 5
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; July 2014; July 2015
SECTION 1: GENERAL PROVISIONS
6
1.05 PURPOSE
6
1.10 APPLICATION AND EXCEPTIONS
6
1.15 VALIDITY OF POLICIES (SEVERABILITY)
6
1.20 VIOLATION OF POLICIES
7
1.25 DEFINITION OF TERMS
7
1.30 NO CONTRACT OF EMPLOYMENT CREATED
14
1.35 ADMINISTRATION OF THE PERSONNEL SYSTEM
14
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GRATUITIES
15
1.45 OUTSIDE EMPLOYMENT
15
1.50 POLITICAL ACTIVITIES
16
1.55 SAFETY AND HEALTH
16
1.60 VEHICLE AND SEATBELT POLICY
17
1.65 DRUG AND ALCOHOL FREE WORKPLACE:
18
1.70 DRUG AND ALCOHOL FREE WORKPLACE - PROHIBITED CONDUCT
20
1.75 DEPARTMENT OF TRANSPORTATION ALCOHOL AND DRUG ABUSE
20
1.80 EQUAL EMPLOYMENT, HARASSMENT, HOSTILE WORK ENVIRONMENT AND
ANTI -BULLYING POLICY
29
1.85 WORKPLACE VIOLENCE
32
1.90 SMOKING POLICY
32
1.95 DRESS CODE
32
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
32
1.97 FRAUD IN THE WORKPLACE POLICY
37
1.98 CELL PHONE USE POLICY
41
1.99 COMPUTER LOAN PROGRAM
46
SECTION 2: CLASSIFICATION AND SALARY PLAN 47
2.01 PURPOSE 47
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN 47
2.10 ALLOCATED POSITIONS 47
2.15 NEW POSITIONS 47
2.20 CLASSIFICATION SPECIFICATIONS 48
2.25 PREPARATION AND ADOPTION OF SALARY PLAN 48
2.30 APPROPRIATE SALARY 48
2.35 BENEFIT PLAN 48
SECTION 3: TYPES OF APPOINTMENTS
49
3.05 TYPES OF APPOINTMENTS
49
3.10 PROBATIONARY APPOINTMENTS
49
3.15 FULL-TIME APPOINTMENT
49
3.20 EMERGENCY APPOINTMENTS
49
3.25 INTERIM APPOINTMENTS
50
3.30 WORKING OUT OF CLASS
51
3.35 TRANSFER
52
3.40 PROMOTION
52
Rev. July 2015 -2-
3.45 DEMOTION 53
3.50 RECLASSIFICATION 54
3.51 TEMPORARY ASSIGNMENT PAY 55
3.55 LAYOFFS/REDUCTION-IN-FORCE/RECALL 56
SECTION 4: RECRUITMENT AND SELECTION
59
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES
59
4.10 PERSONNEL REQUESTS
59
4.15 JOB ANNOUNCEMENTS
59
4.20 PERSONNEL APPLICATIONS
60
4.25 DISQUALIFICATION OF APPLICATIONS
60
4.30 RECRUITMENT
60
4.35 EVALUATION OF APPLICATIONS
61
4.40 CANDIDATES' EXAMINATION INSPECTION
62
4.45 NEPOTISM POLICY
62
4.50 DRIVING SAFETY CHECK
64
4.55 ELIGIBILITY LISTS
64
4.60 FINAL DECISIONS OF SELECTION
65
4.65 PRE -EMPLOYMENT PHYSICAL
66
4.70 EMPLOYMENT ELIGIBILITY VERIFICATION
66
4.75 PROBATIONARY PERIOD
66
4.80 CRIMINAL CONDUCT - INELIGIBILITY FOR EMPLOYMENT
66
4.85 RESIGNATION
67
SECTION 5: COMPENSATION AND EVALUATION 68
5.05 SALARY AT APPOINTMENT 68
5.06 MARKET PREMIUM PAY 68
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES 68
5.10 EMPLOYEE PERFORMANCE EVALUATION 68
5.15 PROGRESSION BASED ON SUCCESSFUL PERFORMANCE 70
5.20 BILINGUAL COMPENSATION 71
SECTION 6: ATTENDANCE AND HOURS OF WORK
73
6.05 WORK WEEK AND OVERTIME
73
6.10 NO GUARANTEE OF HOURS
73
6.15 STAND-BY AND CALL-BACK POLICY
74
6.20 TIME SHEETS
74
6.25 ABANDONMENT OF EMPLOYMENT
74
6.30 LUNCH AND BREAK POLICY
74
SECTION 7: LEAVES
76
7.05 JURY DUTY AND WITNESS LEAVE
76
7.10 PREGNANCY DISABILITY LEAVE
76
7.15 MILITARY LEAVE
77
7.20 LEAVE OF ABSENCE WITHOUT PAY
79
7.25 FAMILY AND MEDICAL LEAVE
80
7.30 ON -THE -JOB -INJURIES AND WORKERS' COMPENSATION COVERAGE
86
Rev. July 2015 -3-
7.31 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM 89
7.35 DISABILITY LEAVE 90
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES 92
8.05 GROUNDS FOR DISCIPLINARY ACTION 92
SECTION 9: DISCIPLINARY ACTIONS
95
9.05 DEFINITION OF DISCIPLINARY ACTION
95
9.10 INFORMAL DISCUSSION
95
9.15 FORMAL WARNING
95
9.20 WRITTEN REPRIMAND
95
9.25 DISCIPLINARY SUSPENSION
96
9.30 REDUCTION IN PAY
96
9.35 DEMOTION
96
9.40 DISCHARGE
96
9.45 DOCUMENTATION OF DISCIPLINARY ACTION
96
SECTION 10: DISCIPLINARY PROCEDURES 98
10.05 ADMINISTRATIVE REASSIGNMENT WITH PAY 98
10.10 DISCIPLINARY ACTION SUBJECT TO SKELLY PROCEDURE 98
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISION 99
10.20 AMENDED NOTICE OF DISCIPLINARY ACTION 99
SECTION 11: APPEAL HEARING PROCESS
101
11.05 HEARING OFFICER
101
11.10 REQUEST FOR APPEAL
101
11.15 ANSWER
101
11.20 TIME FOR HEARING
101
11.25 NOTICE OF HEARING
101
11.30 PRE -HEARING MEETING
102
11.35 WITNESS LIST AND SUBPOENAS
102
11.40 NATURE OF HEARING
102
11.45 EXCLUSION OF WITNESSES
103
11.50 PROPOSED FINDINGS OF FACT
103
11.55 OFFICIAL/JUDICIAL NOTICE
103
11.60 ORDER OF PROOF AT HEARING
103
11.65 FINDINGS OF FACT & RECOMMENDATIONS TO THE CITY MANAGER
103
11.70 DISPOSITION OF APPEAL
104
11.75 BURDEN OF PROOF
104
11.80 WITHDRAWAL OF AN APPEAL
104
SECTION 12: GRIEVANCES 105
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES 105
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES 105
12.15 FREEDOM FROM REPRISAL 106
12.20 RESOLUTION 106
12.25 WITHDRAWAL 106
Rev. July 2015 -4-
12.30 RESUBMISSION 106
12.35 EMPLOYEE REPRESENTATION 106
12.40 OBEY NOW/GRIEVE LATER 106
12.45 INITIATION OF GRIEVANCE PROCEDURE 106
12.50 INFORMAL GRIEVANCE PROCEDURE 107
12.55 FORMAL GRIEVANCE PROCEDURE 107
SECTION 13: EMPLOYEE RECORDS AND FILES 109
13.05 PERSONNEL FILES 109
13.10 DOCUMENTS IN PERSONNEL FILES 109
13.15 DISCLOSURE OF INFORMATION 110
13.20 CHANGE IN STATUS 110
13.25 APPLICATION RETENTION 110
13.30 DESTRUCTION OF PERSONNEL RECORDS 110
SECTION 14: EMPLOYEE BENEFIT PLAN
111
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS
111
14.06 PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA)
111
14.10 HOLIDAYS
116
14.15 VACATION LEAVE
117
14.20 SICK LEAVE
120
14.21 KIN CARE LEAVE
123
14.25 BEREAVEMENT LEAVE
124
14.30 ADMINISTRATIVE LEAVE
124
14.35 OVERTIME COMPENSATION
125
SECTION 15: TRAINING AND TRAVEL
127
15.05 TRAINING
127
15.10 IN-HOUSE TRAINING
127
15.15 DEPARTMENT TRAINING
127
15.20 SEMINARS AND CONFERENCES
127
15.25 TUITION REIMBURSEMENT
127
15.30 TRAINING AND TRAVEL REIMBURSEMENT
128
15.31 TRAVEL AND EXPENSE POLICY
129
EXHIBITS
A COMPUTER LOAN PROGRAM 139
B TRANSITIONAL RETURN TO WORK ASSIGNMENT 144
C NOTICE OF PHYSICIAN'S RECOMMENDATION 145
Rev. July 2015 -5-
(Last Update July, 2015)
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 1.80, 1.85, 1.96, 1.97, 2.35,14.05, and 15.31.)
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 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
Rev. July 2015 -6-
City Council of La Quints 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 Banding: The first step in the job evaluation process involving Banding each
decision -making duty according to the kind of decision required, into one of six (6)
broad categories, as follows:
Band A
- Defined Decisions
Band B
- Operational Decisions
Band C
- Process Decisions
Band D
- Interpretive Decisions
Band E -
Programming Decisions
Band F -
Policy Making Decisions
1.25.5 Call - Back: When an employee is off -duty and is called back to work.
1.25.6 City: The City of La Quinta.
1.25.7 City Manager: The City's Chief Executive Officer.
1.25.8 Classification: A group of positions with similar jobs at a similar level of
responsibility. This is described by a Classification Specification, sometimes referred to
as a job description.
Rev. July 2015 - 7
1.25.9 Classification Plan: A listing of Classification Specifications of City positions, as
recommended by the Employee Relations Officer and adopted by the City Council.
1.25.10 Classification Specification: A general description of a class of work, typically
including a general summary of the work, distinguishing characteristics of the class,
essential duties of the class, the knowledge and skills required at entry to the class,
and any licensing, educational or special physical requirements, sometimes referred to
as a job description.
Classification Specifications are written summaries of work which provide a systematic
method of grouping positions with similar essential functions. They should include:
Description of the type and level of work;
Description of the characteristics which distinguish this class from others which
may be in the same occupation or at the same level of authority and
responsibility; and
• Information which indicates standards for recruiting and selecting staff,
determining appropriate pay, defining career growth opportunities, identifying
performance expectations and complying with the Americans with Disabilities
Act (ADA).
1.25.11 Compensatory Time: Time accrued at time and a half or taken off from work
with pay, in lieu of paid overtime compensation.
1.25.12 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.
1.25.13 Confidential Employee: An employee performing the duties of a position
which is designated as confidential by the City Council or designee.
1.25.14 Contractual Employee: An employee hired and paid pursuant to the terms
and conditions of a specified written contract between such employee and the City.
1.25.15 Days: Calendar days _unless otherwise stated.
1.25.16 Decision Band Method (DBM): The job evaluation method chosen by the City
for classifying positions, based on the premise that the value of a job depends on its
decision -making requirements. Each position is assigned to a Band, Grade and Sub -
grade, resulting in an alpha -numeric rating which determines the appropriate salary
range for each position.
1.25.17 Decision Band Method (DBM) Ratings: DBM ratings are ratings assigned to all
levels within each classification, first by Band, then Grade, and finally Sub -grade. This
step-by-step refining process permits the City to assign a job clearly and to justify the
differences between various jobs, taking into account factors such as skill, effort,
Rev. July 2015 - 8 -
responsibility and working conditions. The ratings are the basis upon which the Salary
Structure is built.
1.25.18 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.
1.25.19 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.
1.25.20 Dependent Care: The term "dependent" as it relates to dependent care in the
City's Sick Leave Policy (Section 14.20), is limited to the following: an employee's child,
parent, spouse or registered domestic partner.
1.25.21 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.
1.25.22 Disciplinary Suspension: A disciplinary action that temporarily relieves an
employee from duty without pay.
1.25.23 Dismissal: The discharge of an employee from City employment.
1.25.24 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.
1.25.25 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.
1.25.26 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, volunteers, and temporary agency employees.
1.25.27 Employee Assistance Program: (EAP) A confidential assessment and referral
service designed to assist employees in resolving personal problems.
1.25.28 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.
1.25.29 Exceptional Performance Award: Exceptional performance awards should be
based solely on performance that exceeds defined standards or expectations for
Rev. July 2015 - 9 -
incumbents in the job class. Exceptional performance awards shall be granted as a
monetary award.
1.25.30 Executive Management: Department Directors and those who qualify for
executive exemption under FLSA.
1.25.31 Fair Labor Standards Act (FLSA): The Federal Law which guarantees
employees certain minimum wages and time and one-half overtime standards.
1.25.32 Fiscal Year: A twelve (12) month period from July 1 to June 30 in which the
City plans, budgets, appropriates, and expends its funds.
1.25.33 Full-time Employee: An employee who is regularly scheduled and expected to
work forty (40) hours or more during a work week (or those employees participating in
the Alternate Work Week Schedule).
1.25.34 General Non -Exempt Employee: An employee who is not exempt from the pay
and overtime provisions of FLSA.
1.25.35 Grading: The second step in the evaluation process designed to classify the
jobs according to the difficulty and effort involved in the supervisory responsibilities, if
any. Jobs that require the incumbent to supervise or monitor other jobs assigned to
the same Band (except Band A jobs) are assigned to the higher (coordinating) of the
two Grades within the Band to which his/her job has been assigned. Jobs that do not
supervise or monitor other jobs at the same Band, but may supervise or monitor jobs
at the next lower Band are assigned to the lower of the two grades (except Band A
jobs).
1.25.36 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.
1.25.37 Hearing Officer: An outside, independent person qualified to conduct an
appeal hearing on personnel -related matters, excluding grievances.
1.25.38 In -House Competitive Examination: A type of examination open only to City
employees meeting the minimum qualifications for a particular classification.
1.25.39 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.
1.25.40 Job Audit: A systematic analysis of the duties performed by an employee to
determine whether the duties are appropriate for the classification.
Rev. July 2015 - 10 -
1.25.41 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 Section 7.20 of these Policies.
1.25.42 Merit Salary Increase: The increase of an employee's salary within the salary
range established for the classification the employee occupies, resulting from
successful job performance, which is based on the overall rating received on the
annual performance evaluation.
1.25.43 Misconduct: Any act or unsatisfactory conduct or job performance which may
be subject to disciplinary action.
1.25.44 Open Competitive Examination: A type of examination open to all persons
meeting the minimum qualifications for a particular position.
1.25.45 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.
1.25.46 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 less than forty
(40) scheduled hours per week on a permanent basis (excluding those regular
full-time employees participating in the Alternate Work Week Schedule).
B. Temporary or Seasonal Employee: An employee, other than a contract
employee whose position has specified beginning and ending dates of
employment.
1.25.47 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.
1.25.48 Personnel Ordinance: Chapter 2.08.060 of the City's Municipal Code,
authorizing the establishment of a personnel system for the City.
1.25.49 Position: A specific job assigned to a job classification.
1.25.50 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.
1.25.51 Probationary Period (for initial hire or promotion): A working test period of not
less than six (6) months (unless extended). The six month probation period is
Rev. July 2015 - 11 -
calculated as six months after the some day of the month as the date of hire or
promotion, (i.e., if hired or promoted January 15, probation period expires July 15). 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.
1.25.52 Professional/Administrative/Management Employee: An employee who
qualifies for the executive (Professional/Administrative/Management) exemption
under FLSA.
1.25.53 Promotion: The advancement of an employee from one classification to
another classification having a higher salary range.
1.25.54 Reclassification: The reassignment from one classification title to a different
classification title in accordance with an evaluation of the minimum qualifications,
duties, and responsibilities of the position in question.
1.25.55 Reduction -In -Force (RIF): A layoff in the work force.
1.25.56 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.
1.25.57 Relative: (or "immediate family member" used for determining eligibility for
bereavement leave under Section 14.25 of these policies): A spouse, child, step -child,
legal guardian, parent, grandparent, grandchild, brother, sister, half-brother, half-
sister, aunt, uncle, 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.
1.25.58 Resignation: The voluntary separation by an employee from City employment,
or abandonment of the job by employee.
1.25.59 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.60 Salary Plan or Schedule: 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.
1.25.61 Salary Range: The range of pay an employee can earn while employed in a
particular classification.
1.25.62 Seniority: The length of an employee's continuous service with the City.
1.25.63 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
Rev. July 2015 - 12 -
(3) an opportunity to respond orally or in writing to an impartial reviewer prior to
discipline being imposed.
1.25.64 Staffing Plan: The classification titles, salary ratings 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.
1.25.65 Stand -By Assignment: Employees occupying a position designated as being
scheduled to be subject to being called back to work.
1.25.66 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.
1.25.67 Step: The various increments of a salary range, from minimum to job rate,
authorized for the subject classification.
1.25.68 Sub -grading: The final step in the job evaluation process that involves
assessing the relative difficulty, complexity, and skills required of the job in
comparison to the other jobs within the same Band and Grade. The following criteria
are used to assist in determining the relative difficulty between the decision making
requirements of jobs being evaluated:
• Time pressure
• Need for alertness
• Need for care and precision
• Essential skills and experience
1.25.69 Supervisor: An employee assigned responsibility for evaluation of
permanently assigned employees and for organizing, assigning and reviewing their
work.
1.25.70 Termination: The separation of an employee from City service because of
retirement, resignation, permanent disability, death or dismissal.
1.25.71 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.
1.25.72 Weapons: Fire arms of any type; knives with folding blades in excess of 3-1/2
inches; sheath knives; any knives prohibited by State Law; personal defense chemical
weapons such as (a) mace (tear gas) (b) oleoresin capsicum (pepper spray); any
martial arts weapons; electric stun guns (tasers); clubs, bats or other impact weapon.
1.25.73 Work week: 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.
Rev. July 2015 - 13 -
(Midnight) the following Sunday night (or as defined in the Alternate Work Week
Schedule Policy for those employees participating in same). 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.
1.25.74 Y-rate of Pay: The Y-rate of pay shall exist when an employee's salary is
frozen at the then current salary 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 or performance -
based salary 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.
The goals, objectives and strategies set forth in this document are subject to
budgetary limitations. Nothing contained herein is to be construed as a binding
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.
Rev. July 2015 - 14 -
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 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 them 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:
Rev. July 2015 - 15 -
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;
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, as follows: adhere 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 Safety Committee all unsafe conditions or
practices.
Rev. July 2015 - 16 -
Employees with questions about safety methods or practices should check with their
supervisor.
1.60 VEHICLE AND SEATBELT POLICY: All employees who are currently assigned a
City vehicle for their job duties will continue to be provided access to a vehicle. 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 then current
IRS rate. 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.
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
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.
Rev. July 2015 - 1 % -
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
Rev. July 2015 - 18 -
property, where it appears the employee's conduct is at fault; physical
altercation, verbal altercation, or unusual behavior.
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.
Having a Medical Marijuana Card and/or a cannabis prescription from a physician does
not allow an employee to use or possess any cannabis products (marijuana, hash, or
hash oil) on City property, while working as an employee, or while `on call' and subject
to return to work. The federal government still classifies cannabis as an illegal drug,
even if California has decriminalized its possession or use. Unlike .08 blood alcohol
levels, as yet there is no 'acceptable level of driving impairment' when it comes to
cannabis use and driving City equipment or vehicles. Employees are still subject to
testing under the City's reasonable suspicion, post -accident, or `safety sensitive
employee' policies, and receiving discipline, suspension, or termination for a positive
cannabis test.
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
Rev. July 2015 - 19 -
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) or refuse to submit to
a limited search of personal properties if requested by authorized City personnel,
based on reasonable suspicion or legitimate business need; or (3) are "convicted" of a
"criminal drug statue" violation, shall be subject to the disciplinary procedures which
are outlined in Section 10 of these Policies.
All City lockers, desks, cabinets, vehicles, and computer files 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 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.
Rev. July 2015 - 20 -
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.
1.75.2 Policy:
A. Covered Employees: The Department of Transportation drug and alcohol
testing rules apply 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
hazardous material regulations; and
hazardous material regulations; and
4. a vehicle designed to transport
the driver.
Department of Transportation
Department of Transportation
16 or more passengers, including
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:
1. Drucis
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.
Rev. July 2015 - 21 -
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.
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. Drug Testing: 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
(GUMS) analysis. GUMS 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
Rev. July 2015 - 22 -
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.
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.
Rev. July 2015 - 23 -
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.
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.
Rev. July 2015 - 24 -
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 some 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 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.
Rev. July 2015 - 25 -
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.
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.
Rev. July 2015 - 26 -
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:
1. 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.
L. Access to Records: The following agencies shall have access to all test
results without the verbal or written consent of covered employees:
1. 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. Training: 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:
Rev. July 2015 - 27 -
1. 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.
3. 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.
8. Procedures for Testing: 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.
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. Notice to Employees: Covered employees will receive a copy of the
Personnel Policies at the time they commence employment with the City.
Rev. July 2015 - 28 -
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, HARASSMENT, HOSTILE WORK ENVIRONMENT AND ANTI -
BULLYING POLICY: 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, gender, gender identification,
medical condition, marital status, sex, pregnancy, age, sexual orientation, domestic
partnership status, military and veteran status, or mental or physical handicap. 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, religious creed, color, national origin, ancestry, gender,
gender identification, medical condition, marital status, sex, pregnancy, age, sexual
orientation, domestic partnership status, military and veteran status, or mental or
physical handicap. 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. In addition to prohibiting all forms of discrimination and
harassment, the City also prohibits any form of "intimidation or bullying" in the
workplace or elsewhere, including offsite events, that reflects negatively on the
employee or on the City.
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. Harassment need not be motivated by a sexual desire, and the use of profane
or vulgar language alone, even between members of the same sex, may be sexual
harassment. It is illegal whenever (a) submission to such conduct is made a condition
of employment, either expressly or 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.
Rev. July 2015 - 29 -
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; profane or vulgar language, unwelcome
discussions of sexual practices or anatomy; and sexually offensive posters,
photographs, drawings, cartoons, jokes, stories, nicknames, or comments about
appearance.
Anti -Bullying: Every employee, public official and other individuals, such as temporary
agency workers, consultants, independent contractors and visitors, have the right to
be treated with respect. Bullying is the use of verbal and/or physical aggression with
the intention of intimidating or harming another individual. It can include any
intentional written, visual, verbal, or physical act, when the act harms the individual or
damages his or her property; has the effect of interfering with an employee's ability to
work; is severe or pervasive; and/or creates an intimidating or threatening
environment. Bullying occurs in many forms including, but not limited to, excluding,
tormenting, taunting, making abusive comments, or using threatening gestures;
pushing, shoving, punching, unwanted physical contact or any use of violence; graffiti;
name-calling, sarcasm, spreading rumors, teasing, etc. Such conduct can also occur
via use of electronic or telephonic communications such as the internet, email and
chat room misuse, mobile threats by text messaging or calls, or misuse of cameras
and video equipment.
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 or other prohibited behavior 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 Employee 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
Employee 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.
Rev. July 2015 - 30 -
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 Employee
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.
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
Rev. July 2015 - 31 -
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 shall bring a weapon (exclusive of personal
defense chemical spray) other than those employees required by their position to do
so, 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.
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.
The Workplace Violence Safety Act, Section 527.8 to the California Code of Civil
Procedure, 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. For additional guidance on
appropriate attire, see the City of La Quinta Customer Service Manual, Page 6, Dress
Code Standards.
1.96 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS: The following is a policy
statement regarding the proper use of the City's electronic equipment and systems.
This policy should be read in conjunction with Section 1.98 Cell Phone Use Policy.
Rev. July 2015 - 32 -
1. Purpose. This policy is created to establish policies that help ensure the City's
compliance with applicable law including, without limitation, the California Public
Records Act; protect the public welfare; regulate public officials' and employees' use of
electronic communications; identify the circumstances when electronic
communications must be preserved; and facilitate City business practices. Nothing
contained in this policy is intended to hinder City officials', officers', or employees' use
of electronic communications.
2. Definitions. Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words and phrases used in
this policy:
A. "Archival form" means either:
1. Transcribing or printing electronic communications in a legible
hard copy form; or
2. Transmitting, converting, or recording an electronic
communication into an electronic format by which the informational
content of the electronic communication is permanently or indefinitely
preserved and such information may be retrieved in readable or audible
and comprehensible form. Examples of such storage include, without
limitation, optical disk storage; microfiche; and digital photography that
is incapable of deletion or alteration.
B. "Communications equipment and software" means City -owned office
equipment and software used for communicating including, without limitation,
telephone (including voice mail), fax machine, copy machine, office automation
equipment (computer terminals or personal computers, including laptops) and
communications software applications such as electronic mail and Internet
browsers.
C. "Electronic communication" or "communication" means any
communication to, from, between or among any City official(s) or employee(s)
by using an electronic communication system for City business purposes when
it is necessary that the informational content of such communication be
preserved in archival form for future City use or reference.
D. "Information Technologies" or "IT" means any system, device, hardware,
software, or other equipment designed and used for transmitting or receiving
communications by any form of electronic mail (e-mail or text messages) or
voice mail system, or any network of interconnected computers, including,
without limitation, the Internet and Worldwide Web, as used for such purposes.
E. "Users" means City officers, employees (regular, extra -help and
temporary) contractors, volunteers and other individuals provided access to IT.
Rev. July 2015 - 33 -
3. City's Ownership. All City -provided electronic equipment, hardware, software,
temporary or permanent files and related systems or devices are the property of the
City of La Quinta. These include, but are not limited to, computers, cell phones,
Smartphones (collectively referred to as "Cell Phones"), network equipment, software,
telephones, voice mail, text messages, documents, spreadsheets, calendar entries, the
Internet, appointments, tasks and notes which are part of the City's electronic
systems or equipment.
4. No Expectation of Privacy. Where there is a business reason to do so,
supervisors have the authority to inspect the contents of any equipment, files,
systems, calendars, e-mail, text messages or voice mail used by their subordinates as
part of the regular job duties. "Business Reason" includes ensuring that employees
are complying with this policy, particularly if there has been prior disciplinary action
regarding failure to follow the policy. The City, however, will not act under this policy
on a random basis or when there is no business reason.
A. Information Systems may extract information, files, documents, e-mails,
text messages, voice mail, etc., including deleted items, when requested by
management for a business -related reason. Therefore, employees who use
electronic equipment and/or systems provided by the City of La Quinta cannot
be guaranteed absolute privacy.
B. No unauthorized passwords or security system may be added to any City
equipment or other systems.
C. Users should not regard any electronic communication as personal,
private or confidential. The City may conduct reviews of the content of
messages and files, and web sites visited on the Internet, when in the exercise
of its business judgment, the City determines that it would be prudent to do so.
The City may, without notice, inspect, repair and service all workplace
computers; and for business reasons may review and disclose all information
transmitted through Information Systems; and control access to Information
Systems in accordance with Federal, State, and local regulations.
D. City may restrict access to any Internet source when it determines, in its
sole discretion, that a source is unnecessary to facilitate City business.
Restriction of a specified source does not imply approval of other non -restricted
sources.
E. The City may restrict access to Information Systems without notice and
without a user's consent.
Be advised that under some circumstances, communications sent via e-mail or text
message may be subject to disclosure under the Public Records Act, or in cooperation
with law enforcement or as a result of litigation. If disclosure of e-mail or text
messages (or any other data files) should be required (despite the designation of any
message as "private" or "confidential"), the City shall not be liable for this disclosure in
any way. In short, the City's information system does not provide any guarantee of
personal privacy protection, and employees should use the system with this limitation
in mind.
Rev. July 2015 - 34 -
5. Use Regulation.
A. Electronic communications, including, without limitation, electronic mail,
voicemail, fax machines, and mobile phones, have become common tools in
City business. While using these technologically advanced communications, it
is important to recognize that the City remains obligated, under some
circumstances, to preserve communications under California law including,
without limitation, the Public Records Act (Gov't. Code §§ 6250-6276.48).
B. In addition, it is important to remember that these tools are provided by
the City to facilitate public business. Although limited and incidental personal
use of electronic communications may be understandable and acceptable,
these communication devices remain public property and should be used
primarily for public purposes. Users may use Information Systems for incidental
personal use that does not interfere or conflict with City business or job
performance during regular duty hours. Incidental means infrequent usage.
Personal use of the City's Information Systems is at the users' own risk and may
be accessed, reviewed, copied, deleted or disclosed by the City.
Acceptable business use is limited to the following:
1. Communication relating directly to achieving City or department
goals and the user's personal work -related goals.
2. Communication relating to a user's individual professional
development in the City.
3. Applying for or administering grants and contracts for City
programs.
4. Use for advisory, standards, research, analysis, and professional
society activities relating to the user's job duties and tasks.
5. Announcing and tracking new laws, procedures, policies, rules,
services, programs, information, or activities affecting the City.
6. Any general or routine governmental administrative
communications.
Users are encouraged to use generally accepted practices of etiquette while
using electronic communications and Information Systems. The City's
Information Services Analyst can provide users with such forms of etiquette.
6. Prohibited Uses.
Prohibited uses of communication equipment and software include, but are not
necessarily limited to, the following:
A. Uses that violate any local, state, or federal law;
B. Uses violating any part of an MOU or City Policy.
C. Uses relating to a user's private commercial activities including, without
limitation, advertising and consulting;
D. Accessing and distributing computer games;
E. Fundraising or public relations activities outside the scope of City
Rev. July 2015 - 35 -
business;
F. Political activities;
G. Religious activities;
H. Unauthorized access to systems, software or data;
I. Creating or propagating viruses;
J. Disrupting services;
K. Intentionally destroying or damaging equipment, software, or data;
L. Use of non -business software, e.g. games and/or entertainment
software;
M. Th reats;
N. Harassment or bullying;
0. Defamation;
P. Slander; and
Q. Access to, or communication of, material or graphic images which are
pornographic, violent, offensive, threatening, disturbing, obscene or profane.
7. Disclaimers.
Chat rooms and electronic discussion groups are specialized resources on the Internet
for sharing information with other professionals. However, employees may not
publish official positions or opinions of the City, or publish statements which could be
construed as positions or opinions of the City, via the Internet, text or e-mail without
prior authorization. All authorized participation in such forums must include the
following disclaimer: "Views expressed by the author do not necessarily represent
those of the City of La Quinta." Failure to include the required disclaimer may result in
revocation of access privileges and/or disciplinary action.
8. Confidential Information.
Information Systems may not be used to communicate confidential City information
to unauthorized individuals within or outside of the City. Confidential information
includes any information whose release is restricted under local, state or federal law,
any personnel information or records or any other information prohibited from release
to unauthorized persons by the employee's supervisor, manager or department head.
If an employee is unsure if City information or records are confidential, the employee
is required to ask a supervisor before releasing such information to unauthorized
individuals.
9. Compliance with law.
Immediately upon receiving a public records request, subpoena, or court order which
identifies an electronic communication, City officers and employees will use their best
efforts, and use all reasonable means practicable, to preserve such electronic
communications.
10. Violations.
Violations of this policy will be reviewed on a case -by -case basis and may result in
disciplinary action in accordance with the City's Personnel Policies (Sections 8, 9, 10
and 11). All unauthorized uses of the Internet may result in revocation of access
privileges and/or disciplinary action. Misuse of City communications equipment and
Rev. July 2015 - 36 -
software is a violation of the City's Personnel Policies and will result in disciplinary
action up to and including dismissal from employment.
1.97 FRAUD IN THE WORKPLACE POLICY.
Overview
The City of La Quinta is committed to protecting its assets against the risk of
loss or misuse. Accordingly it is the policy of the City to identify and promptly
investigate any possibility of fraudulent or related dishonest activities against the City
and, when appropriate, to pursue legal remedies available under the law.
Fraud is defined as an intentional deception, misappropriation of resources or
the manipulation of data to gain financial or other benefits. Fraud and other similar
improprieties include, but are not limited to:
a) Claim for reimbursement of expenses that are not made for the exclusive
benefit of the City.
b) Forgery or alteration of documents (checks, promissory notes, time
sheets, independent contractor agreements, purchase orders, etc.).
c) Misappropriation of City assets (funds, securities, supplies, furniture,
equipment, etc.).
d) Improprieties in the handling or reporting of money transactions.
e) Authorizing or receiving payment for goods not received or services not
performed.
f) Misrepresentation of information on documents.
g) Computer -related activity involving unauthorized alteration, destruction,
forgery, or manipulation of data or misappropriation of City -owned software.
This policy applies to Officers and Employees of the City.
• It is the City's intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial investigation
will be conducted regardless of the position, title, and length of service or relationship
with the City.
Each department of the City is responsible for instituting and maintaining a
system of internal controls to provide reasonable assurance for the prevention and
detection of fraud, misappropriation, and other irregularities. Management should be
familiar with the types of improprieties that might occur within their area of
responsibility and be alert for any indications of such misconduct.
Human Resources, in conjunction with the City Attorney, has the primary
responsibility for the investigation of all activity as defined in this policy.
Throughout the investigation, Human Resources will inform the City Manager of
pertinent investigative findings.
Rev. July 2015 - 37 -
Employees will be granted whistle -blower protection when acting in
accordance with this policy. When informed of a suspected impropriety, neither the
City nor any person acting on behalf of the City shall:
a) Dismiss or threaten to dismiss the employee.
b) Discipline, suspend, or threaten to discipline or suspend the employee.
c) Impose any penalty upon the employee, or
d) Intimidate or coerce the employee.
Violations of the whistle -blower protection will result in discipline up to and including
dismissal.
• Upon conclusion of the investigation, the results will be reported to the City
Manager.
The City Manager, following review of investigative results, will take appropriate
action regarding employee misconduct. Disciplinary action can include termination,
and referral of the case to the District Attorney's Office for possible prosecution.
The City will pursue every reasonable effort, including court ordered restitution,
to obtain recovery of City losses from the offender, or other appropriate sources.
Procedures
Mayor and City Council Responsibilities:
If the Mayor or a City Council member has reason to suspect that a fraud has
occurred, he/she shall immediately contact the City Manager (or contact the City
Attorney if the City Manager is involved).
The Mayor or a City Council member shall not attempt to investigate the
suspected fraud or discuss the matter with anyone other than the City Manager.
The alleged fraud or audit investigation shall not be discussed with the media
by any person other than through the City Manager in consultation with the City
Attorney and Human Resources.
Management Responsibilities:
Management is responsible for being alert to, and reporting fraudulent or
related dishonest activities in their areas of responsibility.
Each manager should be familiar with the types of improprieties that might
occur in his/her area and be alert for any indication that improper activity,
misappropriation, or dishonest activity is or was in existence in his/her area.
• When an improper activity is detected or suspected, management should
determine whether an error or mistake has occurred or if there may be dishonest or
fraudulent activity.
Rev. July 2015 - 38 -
• If management determines a suspected activity may involve fraud or related
dishonest activity, they should contact their immediate supervisor (or contact the City
Attorney or Assistant City Manager if the City Manager is involved).
Department directors should inform the City Manager (or contact the City
Attorney or Assistant City Manager if the City Manager is involved).
• Management should not attempt to conduct individual investigations,
interviews, or interrogations. However, management is responsible for taking
appropriate corrective actions to ensure adequate controls exist to prevent
reoccurrence of improper actions.
• Management should support the City's responsibilities and cooperate fully with
Human Resources, other involved departments, and law enforcement agencies in the
detection, reporting, and investigation of criminal acts, including the prosecution of
offenders.
Management must give full and unrestricted access to all necessary records
and personnel. All City furniture and contents, including desks and computers, are
open to inspection at any time. There is no assumption of privacy.
• In dealing with suspected dishonest or fraudulent activities, great care must be
taken. Therefore, management should avoid the following:
a) Incorrect accusations.
b) Alerting suspected individuals that an investigation is underway.
c) Treating employees unfairly.
d) Making statements that could lead to claims of false accusations.
In handling dishonest or fraudulent activities, management has the
responsibility to:
a) Make no contact (unless requested) with the suspected individual to
determine facts or demand restitution. Under no circumstances should there
be any reference to "what you did,", "the crime,", "the fraud,", or "the
misappropriation.".
b) Avoid discussing the case, facts, suspicions, or allegations with anyone
outside the City, unless specifically told to do so by the City Attorney.
c) Avoid discussing the case with anyone inside the City other than
employees who have a need to know such as the City Manager, Human
Resources, City Attorney or law enforcement personnel.
d) Direct all inquiries from the suspected individual, or his/her
representative, to the City Manager or City Attorney. All inquiries by an attorney
of the suspected individual should be directed to the City Attorney. All inquiries
from the media should be directed to the City Manager.
e) Take appropriate corrective and disciplinary action, up to and including
dismissal, after consulting with the Assistant City Manager, in conformance
Rev. July 2015 - 39 -
with the City's Personnel Policies and Procedures or the appropriate bargaining
document.
Employee Responsibilities:
A suspected fraudulent incident or practice observed by, or made known to, an
employee must be reported to the employee's supervisor.
When the employee believes the supervisor may be involved in an
inappropriate activity, the employee shall make the report directly to the next higher
level of management and/or the City Manager (or contact the City Attorney or
Assistant City Manager if the next higher level of management and/or the City
Manager is involved).
The reporting employees shall refrain from further investigations of the
incident, confrontation with the alleged violator, or further discussion of the incident
with anyone, unless requested by the City Manager, Human Resources, City Attorney
or law enforcement personnel.
Human Resources Responsibilities:
Upon assignment by the City Manager, Human Resources will promptly
investigate the fraud.
Human Resources shall be available and receptive to receiving relevant,
confidential information to the extent allowed by law.
If evidence is uncovered showing possible dishonest or fraudulent activities,
Human Resources will proceed as follows:
a) Discuss the findings with the appropriate management/supervisor and
the Department Director.
b) Advise management, if the case involves staff members, to meet with
the Assistant City Manager to determine if disciplinary actions should be taken.
c) Report to the external auditor such activities in order to assess the effect
of the illegal activity on the City's financial statements.
d) Coordinate with the City's Risk Management insurer regarding
notification to insurers and filing of insurance claims.
e) Take immediate action in consultation with the City Attorney to prevent
the theft, alteration, or destruction of evidentiary records. Such action shall
include, but is not limited to:
1) Removing the records and placing them in a secure location, or
limiting access to the location where the records currently exist.
2) Preventing the individual suspected of committing the fraud from
having access to the records.
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In consultation with the City Attorney, Human Resources may disclose
particulars of the investigation with potential witnesses if such disclosure would
further the investigation.
• If Human Resources is contacted by the media regarding an alleged fraud or
audit investigation, Human Resources will consult with the City Manager and the City
Attorney, as appropriate, before responding to a media request for information or
interview.
At the conclusion of the investigation, Human Resources will document the
results in a confidential memorandum report to the City Manager and the City
Attorney. If the report concludes that the allegations are founded, the report will be
forwarded to the La Quinta Police Department.
• Human Resources will be required to make recommendations to the
appropriate department for assistance in the prevention of future similar occurrences.
Upon completion of the investigation, including all legal and personnel actions,
all records, documents, and other evidentiary material, obtained from the department
under investigation will be returned by Human Resources to that department.
1.98 CELL PHONE USE POLICY.
Introduction.
The City recognizes that the use of personal cell phones has become prevalent in our
society and that employees rely on cell phones as a means of communication with
family and friends. As such, it is important for the City to clearly identify the
parameters for use of personal cell phones in the workplace. In addition, the City's
Cell Phone Policy addresses the parameters for using City -issued cell phones for those
employees requiring a cell phone in order to perform the essential functions of their
jobs.
1.98.1 Personal Cell Phone Use.
Employees are not prohibited from carrying personal cell phones while at work, but
must comply with the following requirements.
1. Generally speaking, employees should neither send nor receive personal calls,
text messages, or a -mails during work hours, excluding break times and lunch periods.
However, the City recognizes that at times it may be necessary for employees to
contact or be contacted by family members. The City also recognizes that
extraordinary circumstances may require an employee to conduct personal business
using their personal cell phone during working hours. Abuse of this privilege shall be
considered a violation of this policy.
2. Supervisors have the authority to restrict or prohibit use of personal cell phones
at any time on-the-job when they believe such situations or use may create a
Rev. July 2015 - 41 -
distraction or safety hazard to the employee, co-workers, contractors, and/or the
general public.
3. Calls to 911 or other emergency calls on personal cell phones during work hours
are permitted under this policy.
4. The use and/or wearing of "Bluetooth" or "hands -free" personal cell phone
devices is strictly prohibited during working hours, excluding break times and lunch
periods.
5. Except as discussed below, employees are not allowed to talk, email or text on
a personal or city -owned cell phone while driving any vehicle, including City vehicles,
while engaged in City business. Use of a cell phone to make a call in other than a
hands -free mode and texting or emailing in other than a hands -free mode while
driving (including at a stop sign or stoplight) is prohibited by State law (Vehicle Code
Section 23123.5). Wherever possible, phone use should occur when the vehicle is
pulled over off the road and safely stopped and the driver can devote full attention to
the phone call.
6. If an employee needs to use a personal cell phone for City business, the
employee can submit a request for payment for the minutes used, if those minutes
take the employee over the set limit of minutes under the employee's plan.
7. Many personal cell phones have camera features. The camera features may
not be used in the workplace unless for City business. Camera phones can potentially
violate the privacy of co-workers or be used to take pictures of confidential or sensitive
documents.
I. Cell Phone Stipend
a. The City of La Quinta recognizes that the performance of certain job
responsibilities may be enhanced by or may require the use of a cellular (cell)
phone or a Smartphone. The IRS considers these devices to be "listed property."
As such, IRS statutes (Title 26 U.S.C. section 274(d)(4)) require detailed record
keeping including (a) the amount of the expense, (b) the time and place of the
call, and (c) the business purpose for the call. The IRS can declare that all
undocumented use of a cell phone is personal and should be taxed as wages,
even if the majority of the calls are for business purposes.
b. In order to comply with IRS rules regarding the taxable nature of cell
phone usage by employees, as of September 1, 2014, the City of La Quinta will
issue a cell phone stipend for those employees who hold positions where the
duties of that position require the use of a cell phone. The benefits of such an
approach include:
i. A call log is not required;
ii. Monthly reporting is not required;
iii. A single phone may be used for both personal and business purposes;
and
Rev. July 2015 - 42 -
iv. The stipend will not be considered taxable income to the employee.
II. Policy
Employees who hold positions that include the need for a cell phone (see eligibility
criteria below) may receive a cell phone stipend to compensate for business -related
costs incurred when using their individually -owned cell phones. The City will not own
or provide cell phones for the use of individual employees except in limited situations
(e.g. field services, code enforcement/animal control, on -call employees, select
supervision, etc.).
III. Eligibility
a. Employees whose job duties include the frequent need of a cell phone for
City business may receive compensation, in the form of a monthly cell phone
stipend, to cover business -related costs. An employee is eligible for a personal
phone stipend if at least one of the following criteria is met:
i. The job function of the employee requires considerable time outside of
his/her assigned office or work area and it is important to the City that
s/he is accessible during those times;
ii. The job function of the employee requires him/her to be accessible
outside of scheduled or normal working hours where time sensitive
decisions/notifications are required;
iii. The job function of the employee requires him/her to have wireless data
and internet access; and/or
iv. The employee is designated as a "first responder" to emergencies.
b. An employee who only occasionally is contacted for business purposes is
not eligible for a stipend; however, s/he may submit a record of these expenses
for reimbursement.
IV. Stipend Plan
a. If an employee meets the eligibility requirements for use of a personal
cell phone for City business, as outlined above, a stipend may be requested in
writing through his/her Department Director.
b. Once approved, the stipend amount will be added to the employee's
regular pay. In order to meet IRS guidelines, any amount added for cell phone
equipment or for cell phone service will be identified as a non-taxable benefit.
C. The stipend will be paid as a flat rate per month as outlined below. The
City will pay only the agreed upon amount,
d. The stipend allowance is neither permanent nor guaranteed. The City
reserves the right to remove a participant from this plan and/or cancel the
stipend for business reasons.
e. The City requires employees to have both voice and data service on their
phone, and the stipend is:
i. Voice and data - $40 per month (prorated for a partial month)
Rev. July 2015 - 43 -
f. If an employee's job duties do not include the need for a cell phone, the
employee is not eligible for a cell phone stipend.
i. Such employees may request reimbursement for the actual extra
expenses of business cell phone calls on their personal cell phone.
ii. Reimbursement for per -minute "air time" charges is limited to the total
overage charge shown on the invoice; expenses for minutes included in
the plan will not be reimbursed.
iii. The individual should make personal payment to the provider, and then
should submit a request for reimbursement.
iv. Reimbursement documentation should identify the business purpose.
g. If an employee who is receiving a cell phone stipend is off work on an
approved leave of absence for a period of thirty (30) consecutive days or more
and is not required to use his/her cell phone for business purposes, that
employee shall have the stipend suspended for the period of the absence and
restored when the employee returns to work.
V. Equipment Purchase
a. The City will not pay for the purchase or replacement of personal cell
phones, activation fees or insurance.
b. With the approval of the Department Director, an employee utilizing a
City issued cell phone may purchase the device from the City for conversion to
personal use, including the phone number. In order to maximize the monetary
return to the City, the Information Technology Department will utilize Clover
Wireless or an equivalent firm to determine the market value of the device.
VI. Oversight, Approval & Funding
a. Department Directors are responsible for identifying employees in their
department who hold positions that include the need for use of a personal cell
phone for City business. Each department is strongly encouraged to review
whether a cellular device is necessary, and to select alternative means of
communication -e.g., land -lines, pagers, and mobile radios - when such
alternatives would provide adequate and less costly service to the City.
b. The Department Director is responsible for overseeing employee cell
phone needs and assessing each employee's continued need of a personal cell
phone for business purposes. The need for a cell phone stipend should be
reviewed annually, to determine if existing cell phone stipends should be
continued as -is, changed, or discontinued.
C. The City Manager will have the final approval authority.
d. Stipends are funded by the department submitting the request.
VII. Employees Rights & Responsibilities
a. The employee is responsible for purchasing a cell phone and establishing
a service contract with the cell phone service provider of his/her choice. The cell
phone contract is in the name of the employee, who is solely responsible for all
payments to the service provider.
b. Because the cell phone is owned personally by the employee the stipend
Rev. July 2015 - 44 -
provided is not considered taxable income and the employee may use the
phone for both business and personal purposes, as needed. The employee may,
at his or her own expense, add extra services or equipment features, as desired.
If there are problems with service, the employee is expected to work directly
with the carrier for resolution.
C. Support from the City's Information Technology (IT) Department is
limited to connecting a personally -owned PDA/Smartphone to City -provided
services, including email, calendar, and contacts.
d. An employee receiving a cell phone stipend must be able to show, if
requested by his/her supervisor, a copy of the monthly access plan charges and
business related documents confirming they continue to have a contract for
the cell phone.
i. If the employee terminates the wireless contract at any point, s/he must
notify his/her supervisor within 5 business days to terminate the stipend.
e. The City does not accept any liability for claims, charges or disputes
between the service provider and the employee. Use of the phone in any
manner contrary to local, state, or federal laws will constitute misuse, and will
result in immediate termination.
f. Any cell phone that has data capabilities must be secured based on
current security standards including password protection and encryption. If a
cell phone with data capabilities is stolen or missing, it must be reported to the
employee's supervisor, the wireless device service provider, and to IT as soon as
possible.
g. Employees are expected to delete all City data from the cell phone when
their employment with the City is terminated, except when required to
maintain that data in compliance with a litigation hold notice.
VIII. Cancellation
a. Any stipend agreement will be immediately cancelled if:
i. An employee receiving a cell phone stipend terminates employment with
the City.
ii. The employee changes position within the City which no longer requires
the use of a cell phone for business reasons.
iii. There is misuse/misconduct with the phone.
iv. A decision by management (unrelated to employee misconduct) results
in the need to end the program or there is a change in the employee's
duties
v. The employee does not want to retain the current cell phone contract for
personal purposes.
1.98.2 City -Owned Cell Phone Use.
1. Certain employees are issued City -owned cell phones or Smartphones
(collectively referred to as "cell phones") for City business. An employee who
believes he/she should have a City -owned cell phone should fill out a request
and submit to the Department Director, who has the authority to approve or
disapprove the request. However, it is expected that any employee who is
Rev. July 2015 - 45 -
required to use a cell phone in the performance of his or her duties on almost a
constant and ongoing basis shall be provided a cell phone by the City at the
City's expense.
2. The City retains the right to: (1) review the bills for City -owned cell
phones and (2) require payment from the employee for all personal calls in
accordance with IRS regulations as they now exist, or as they may be amended
in the future.
3. Employees issued a City -owned cell phone are responsible for properly
caring for it.
4. Employees are not allowed to install personal or other non -approved
software or applications on City -owned cell phones, or to disable any software
installed by the City, including virus protection systems.
5. All passwords or security codes must be protected and not given out to
others. The City's IT Department must be provided with all current passwords or
security codes.
1.98.3 Subpoenas and Public Records Requests
All City employees who use either a personal cell phone or a City -owned cell phone for
City business should be aware that the content of emails, texts or phone calls dealing
with City business may be subject to subpoena or a Public Records Act request related
to City business.
1.98.4 Violations of This Policy
Violations of the City's Cell Phone Policy may subject the employee to disciplinary
action under the City's Personnel Policies. Any questions regarding this Policy should
be directed to Human Resources.
1.99 COMPUTER LOAN PROGRAM:
All full-time employees who have completed probation are eligible for participation in
the City's Computer Loan Program. This is strictly a volunteer program. Program
parameters such as the maximum loan amount, interest rate and scope of the
program, will be evaluated on an annual basis. The Computer Loan Program policy is
attached as Exhibit A.
Rev. July 2015 - 46 -
SECTION 2: CLASSIFICATION AND SALARY PLAN
2.01 PURPOSE: The purpose of the classification and salary plan is to support the
recruitment, success, and retention of qualified and productive employees and to
encourage and reward activities that promote the City's vision, mission and values as
a highly performing organization.
The City desires to recruit and retain individuals who are customer service oriented,
demonstrate initiative, are team players, and accept responsibility, authority and
accountability for work performance. Once employed, the City believes that incentives
are critical if the employees are to be successful in achieving the mission, goals and
objectives of the City.
The City will offer appropriate developmental and advancement opportunities and
recognize performance with incentives for employee success, retention and
professional development. The City will administer this in an open, fair, and equitable
fashion.
2.05 PREPARATION AND AMENDMENT OF CLASSIFICATION PLAN: The classification
system defines the general scope and complexity of the work required and facilitates
internal equity across all jobs within all departments of the City. The goal is to
establish a classification structure with broadly defined classes that reflect
meaningful and measurable differences in the level of work within each classification
but maintains the flexibility necessary for employee growth and efficient
management.
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 some 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,
Rev. July 2015 - 47 -
unless otherwise provided by these Policies. The Employee Relations Officer shall
amend the Classification Plan to establish and assign an appropriate classification and
rating for the new position as approved by the City Council.
2.20 CLASSIFICATION SPECIFICATIONS: The purpose of Classification Specifications
is to ensure that new hires are qualified and capable of performing the work required.
Classification Specifications shall contain a job description, as well as knowledge,
skills, abilities, education, experience, sample duties and 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 Human Resources 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 compensation system
reflects both internal equity and external parity within the various labor markets in
which the City must compete (both public and private sector). The system also
rewards employees who perform at above -standard levels within their respective job
class. The Employee Relations Officer shall prepare an annual Salary Plan that
establishes the minimum through job 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: 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.
Rev. July 2015 - 48 -
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: Effective July 1, 2014, all initial appointments
made to a vacant regular position, shall be considered probationary for six (6) months
from the effective date of the appointment. Promotional appointments shall also be
considered probationary for six (6) months from the effective date of the promotional
appointment. As necessary, the probationary period for both initial and promotional
appointments 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 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.
An employee on initial 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. An initial 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
(for definitions of the work week for employees on the 9/80 Alternate Work Week
Schedule, please refer to the 9/80 Alternate Work Week Schedule Policy) 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.
Rev. July 2015 - 49 -
If not determined otherwise by an applicable provision or by an Emergency Operations
Plan approved by the City Council, the creation of positions and employment of
temporary positions shall occur 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, at a salary that is at least five percent (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 Quinta 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
Rev. July 2015 - 50 -
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 (which
includes each "Regular Day Off' for employees participating in the Alternate Work
Week Schedule) 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 51st day and for
each successive day during the twelve (12) month period in which the employee works
out -of -class.
In determining the appropriate salary for purposes of calculating out -of -class pay, the
employee shall be compensated at the salary in the appropriate salary range which is
at least five (5%) percent higher than the salary 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.
Rev. July 2015 - 51 -
A regular employee working out -of -class shall continue to accrue seniority in his/her
regular classification and shall be eligible to receive salary 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 3.25.
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 leave accruals.
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 in pay. An employee who transfers
to a lower 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 six (6) 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 -week
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
Rev. July 2015 - 52 -
authorize a competitive promotional examination in order to fill the position, as set
forth in these policies.
When an employee is appointed to a promotional position, that employee shall be
paid the salary in the higher salary range which is at least five percent (5%) higher
than the salary he/she received in the lower range, 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 some 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.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a
position at a lower salary than the position the employee formerly occupied, shall be
placed at the salary 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
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.
Rev. July 2015 - 53 -
The voluntarily demoted employee shall be placed in the salary 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.
3.50 RECLASSIFICATION: The Classification Specifications will be reviewed by the
Department Director and Human Resources periodically to ensure they meet current
needs. The Employee Relations Officer will facilitate the review process. 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.
The Employee Relations Officer will respond to requests for reclassification, and will
assist with the revision of Classification Specifications and development of new
Classification Specifications within the broad class concept, as necessary to meet the
ongoing operational requirements of the City.
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 some salary range as the previous Classification, and if the
incumbent is appointed to the reclassified post, the salary rate 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 salary in the new salary range which is at least equivalent to an
advancement of a full step over the step the employee held in the previous salary
Rev. July 2015 - 54 -
range, but in no case shall such salary exceed the top salary step of the higher
classification. .
Employees who are reclassified will not receive any adjustment in their base
compensation unless the salary range for the Classification into which they are
reclassified has a minimum salary that exceeds the employee's current salary.
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 or above the job
rate of the salary range.
Otherwise, the employee's new salary at the lower salary range shall be placed at a
salary rate which yields a salary closest to, but not less than, the current salary.
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.
3.50.4 Reclassification to Position with Higher -Level Qualifications: Incumbents who
do not meet the minimum qualifications of the new Classification to which they are
assigned, will be grandfathered in but will be required to acquire the applicable
knowledge and/or skills within a reasonable time period as determined by the
Department Director so that they qualify for the job. Where practical and feasible, the
City will work with the employee to identify and obtain the requisite training and/or
skills.
3.51 TEMPORARY ASSIGNMENT PAY: Temporary Assignment Pay allows for
temporary increases in pay beyond an employee's base rate of pay when duties
performed by the employee support such additional pay for specific periods of time.
Increases in pay may be granted to recognize the temporary assignment
requiring a greater level of skill. "Temporary assignment" shall mean a period of six
months or less. Requests for temporary assignment compensation may be initiated
by the Department Director or designee. Employees directed to continuously perform
higher level duties shall be entitled to a salary rate increase equivalent to one step
within their existing range. All Temporary Assignment Pay will be approved, provided
that:
1. The Department Director shall state in writing to the Employee Relations
Officer that the employee is performing duties requiring a higher level of
skill and outside the scope of their current classification.
2. Such assignment shall be temporary and will not exceed six months.
3. Temporary Assignment Pay shall be granted when employees are
assigned higher level duties due to position vacancies, special
Rev. July 2015 - 55 -
assignments, or when duties performed by the employee support such
additional pay.
4. Such increases in pay will not affect an employee's merit increases
pursuant to Section 5.15.1.
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 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 affect the
layoffs.
Reduction in Force WIR When it becomes necessary to reduce the work force in the
City, the Employee Relations Officer shall designate the 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 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)
Rev. July 2015 - 56 -
a. in the City; and
b. in the. Classification; and
C. in the department.
Order of Layoff Protocol:
• Comparisons will be based on the Overall Performance Rating for each
employee;
Plus/minus symbols added to any letter rating will be ignored;
• Letter rating order (i.e., better in 2012 than 2011) will carry no significance or
weight; and
• If two employees are rated by different supervisors in different departments
(i.e., an Office Assistant in City Clerk's Office vs. an Office Assistant in Community
Services), their evaluations will be deemed equivalent (unless one of the two has
received an overall rating of Below Expectations, Needs Improvement or
Unsatisfactory) for purposes of determining layoffs, and any disciplinary action in their
file will then become the primary determinant, followed by seniority, if necessary.
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.
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.
Rev. July 2015 - 5 % -
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.
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 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.
Rev. July 2015 - 58 -
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 race, religious
creed, color, national origin, ancestry, gender, gender identification, medical condition,
marital status, sex, pregnancy, age, sexual orientation, domestic partnership status,
military and veteran status, or mental or physical handicap, 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 filling of an authorized vacant position,
the responsible Department Director shall submit to the Employee Relations Officer a
written request containing at least the following information:
4.10.1 The Classification (job) title;
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.
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 Human Resources. All positions to be
Rev. July 2015 - 59 -
filled will be publicized by posting announcements on the City's official website 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 Human Resources. 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;
I. 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;
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 race, religious creed, color, national origin, ancestry,
gender, gender identification, medical condition, marital status, sex, pregnancy, age,
Rev. July 2015 - 60 -
sexual orientation, domestic partnership status, military and veteran status, or 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 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.
Rev. July 2015 - 61 -
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 1.25.57).
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.
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
Rev. July 2015 - 62 -
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 Employee Relations Officer and Department
Rev. July 2015 - 63 -
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.
Rev. July 2015 - 64 -
Eligibility lists shall remain in effect for six (6) months or until exhausted, whichever
occurs first. In addition, a Department Director can request from the Employee
Relations Officer that a supplemental list be -prepared at any time that an eligibility list
is in effect if all candidates on the initial eligibility list have been interviewed and the
Department Director does not feel that there is an appropriate match. An eligibility
list may be terminated at any time when less than three (3) eligible candidates
remain.
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 eligible applicants 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 in 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.
Rev. July 2015 - 65 -
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.
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 six (6) months, or any duly extended period,
of all initial or promotional appointments in a regular position 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 promotional 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.
Rev. July 2015 - 66 -
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.
Rev. July 2015 - 67 -
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 minimum salary 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 minimum, the Department Director may
recommend to the City Manager offering employment in excess of the minimum
salary. 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 salary at which the employee is appointed.
The hiring range will be from the range minimum to the job rate, based on
qualifications and dependent on market conditions. Appointment above the job rate,
but not to exceed the merit maximum, will be allowed subject to the approval of the
City Manager. The Department Director shall submit an exception request to the City
Manager. The exception request shall include a pay rate recommendation from the
Employee Relations Officer.
5.06 MARKET PREMIUM PAY: When a market comparison rate for a specific job or
class exceeds the defined job rate by at least 15%, a market premium may be applied
to the specific job/class and paid to all employees in the job/class who meet the
specific requirements for the premium (e.g. one engineering specialty within the
broader class of engineer). The market premium, if applicable, shall be subject to
review by the Employee Relations Officer, no less frequently than every two years, and
shall be adjusted as appropriate based on the market review. At such time as the
market differential becomes 10% or less, the market premium will be eliminated.
5.07 RECRUITMENT AND/OR RETENTION INCENTIVES: When necessary and
appropriate, the City may use recruitment and/or retention incentives in order to
compete for skills that may be in limited supply and are necessary to recruit or retain
an individual for a position defined as a critical need by the City Manager. The amount
of the recruitment and/or retention incentive shall be based on data obtained from
survey results.
5.10 EMPLOYEE_ PERFORMANCE EVALUATION: Salary advancements will be based on
successful performance in the job class as determined through a job related
performance appraisal system that can be used to guide compensation decisions,
either in part or in whole. The Employee Relations Officer shall select a job evaluation
methodology that is appropriate for use with broad classifications. Regular reports on
forms prescribed by the Employee Relations Officer shall be made as to the efficiency,
competency, and conduct of all employees appointed by the City Manager.
Performance evaluations are required to be given after six (6) months at the
completion of an initial probationary appointment or promotional probationary
appointment, and annually thereafter in accordance with the City's annual evaluation
schedule for all employees in place at the time.
Rev. July 2015 - 68 -
PROPOSED COMPENSATION SCHEDULE FOR NEW HIRES/PROMOTIONS*
Month Hired or
Promoted
Month of 6-month
Probationary
Evaluation
Month of 6-month
Performance Pay
Award Eligibility
Months After
Evaluation Before
Eligible for
Performance Pay
January
July
October
3 months
February
August
October
2 months
March
September
October
1 month
April
October
October (same
0 months
May
November
_year)
October (following
year)
11 months
June
December
October
10 months
July
January
October
9 months
August
February
October
8 months
September
March
October
7 months
October
Aril
October
6 months
November
May
October
5 months
December
June
October
4 months
*Probationary period calculations done in accordance with Section 1.25.51.
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 salary 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
Classification Specification, 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
and agree or disagree with it.
Based upon the Performance Evaluation, the Supervisor may make appropriate
recommendations to the Employee Relations Officer regarding a possible salary
increase, promotion, or other action. City Manager approval is required for all such
actions.
Rev. July 2015 - 69 -
The Employee Relations Officer reserves the right to review any 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.
No other administrative reply, request, or appeal shall be allowed, except as may be
provided in the current Memorandum of Understanding with the La Quinta City
Employees' Association.
The employee and Supervisor must sign and date the evaluation. If the employee
refuses to sign the evaluation, the Supervisor shall note this fact and any
circumstances surrounding the employee's refusal on the Performance Evaluation.
Copies of the evaluation 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 BASED ON SUCCESSFUL PERFORMANCE: Employees should
receive salary increases for successful performance until they reach the job rate.
Employees who perform at less than standard or successful should not receive any in -
range adjustment. Employees who have reached the job rate and whose performance
exceeds the standard for the job class shall be eligible for exceptional performance
awards. Exceptional performance awards may or may not be added to base pay, at
the discretion of management and based on budgetary constraints.
5.15.1 Regular Full-time and Regular Part-time Employees shall earn increases based
on meeting satisfactory performance of duties in the overall rating, as follows:
A. Normal Progression: Employees who are hired below the job rate and
who receive an overall successful performance rating following completion of
an initial employment period of not less than six (6) months, become eligible for
enrollment in the performance pay system. From the date of employment until
the successful conclusion of the probationary period, no salary increase shall be
granted. At the end of a successful probationary period, the employee
becomes eligible for enrollment in the performance pay system, which shall
occur annually during the City's evaluation period for all employees. Employees
must achieve at least an overall "successful" rating to be deemed to be eligible
for consideration of a salary increase. An employee who receives an overall
"successful" rating is not, thereby, guaranteed a salary increase once they
reach the job rate. An employee who receives an overall performance rating of
"needs improvement" shall not be eligible for consideration of a salary increase.
Nothing in this Section shall preclude the City from adopting new evaluation
procedures and forms.
Rev. July 2015 - %0 -
B. Promotional Progression: From the date of promotion until the
successful conclusion of the probationary period, no salary increase may be
granted. When an employee is promoted to a classification with greater salary
range, his/her salary increases to an appropriate salary within the range of the
new job classification. An employee who is promoted shall be compensated at
the salary in the new salary range which is at least five (5%) per cent higher
than the salary the employee held in the previous salary range.
All promoted employees who successfully pass their probationary periods are
eligible for enrollment in the performance pay system which shall occur
annually during the City's evaluation period for all employees annually, again
provided they satisfy the eligibility criteria set forth herein.
C. Exceptional Performance Awards: Exceptional performance awards
should be based solely on performance that exceeds defined standards or
expectations for incumbents in the job class. Exceptional performance awards
shall be granted to those employees whose above standard performance is on-
going and their long-term performance indicates that such above standard
performance is the norm.
D. Pay for Performance Compensation Methodology: Pay increases shall be
based upon individual performance review ratings as follows:
If more than 2 steps below the job
rate:
Overall Performance Rating
NI
SU
EX
No
increase
1 step
2 steps
If only one step below the job rate:
NI
SU
EX
No
increase
1 step
1 step +
Performance
Pool
If at or above job rate:
NI
SU
EX
No
increase
No
increase
Performance
Pool
5.20 BILINGUAL COMPENSATION:
5.20.1 Bilingual Pay: Each full-time employee who has qualified for bilingual
compensation under Section 5.20.2 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, the employee shall receive bilingual compensation
to commence as of the next pay period.
Rev. July 2015 - 71 -
5.20.2 Eligibility: The Employee Relations Officer 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 Employee
Relations Officer and administrated through a testing process determined by the
Employee Relations Officer; and 2) accessibility to the public. The designated
employee(s) shall provide verbal 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 Employee Relations Officer who shall then schedule the employee to take
a standardized test.
5.20.3 Testing: Each employee who is authorized to receive bilingual compensation
shall be tested at the time of authorization and must successfully pass the test to
receive the additional compensation.
5.20.4 Discontinuing Compensation: If the bilingual skill is no longer needed or the
employee is no longer required to use it, the Department Director shall terminate the
bilingual compensation by written notice to the Employee Relations Officer. The
Employee Relations Officer 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.
Rev. July 2015 - 72 -
SECTION 6: ATTENDANCE AND HOURS OF WORK
6.05 WORK WEEK AND OVERTIME: The work week for City employees not on the
9/80 Alternate Work Week Schedule 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 (or as defined in the
9/80 Alternate Work Week Schedule Policy). 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.
General non-exempt positions: 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 forty (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.
All overtime must be authorized in advance by the employee's supervisor. Employees
who work unauthorized overtime shall be paid, but are subject to discipline for
violation of this policy.
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
Rev. July 2015 - 73 -
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 electronic time sheets
showing hours worked and leave taken. Time sheets must be approved 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 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, and shall not be added to lunch periods nor used as comp
time earned if employee chooses not to take them during the designated time
periods.
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. Lunch periods may not be waived and accrued
as comp time for purposes of increasing an employee's leave bank. Extenuating
circumstances, as determined by the immediate Supervisor, may establish cause for
variation from the scheduling of break and lunch periods.
Rev. July 2015 - 74 -
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.
Rev. July 2015 - % 5 -
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.
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.
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.
Rev. July 2015 - 76 -
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 Human
Resources.
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.
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,
Rev. July 2015 - 77 -
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.
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 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.
Rev. July 2015 - 78 -
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.
A leave of absence without pay in excess of forty (40) hours must be recommended by
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 rats
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 the leave. After thirty (30) consecutive
working days (which includes each "Regular Day Off' for employees participating in
the Alternate Work Week Schedule) 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
Rev. July 2015 - 79 -
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 (as revised in
January, 2009) ("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.
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. "Covered Servicemember" is a current member of the Armed Forces,
including a member of the National Guard or Reserves, who has a serious injury
or illness incurred in the line of duty on active duty that may render the
servicemember medically unfit to perform his or her duties for which the
servicemember is undergoing medical treatment, recuperation, or therapy; or in
outpatient status; or is on the temporary disability retired list.
E. "Spouse" means a husband wife, or registered domestic partner as
defined or recognized under California State law for purposes of marriage. For
purposes of this definition, husband or wife refers to the other person with
whom an individual entered into marriage as defined or recognized under state
law for purposes of marriage in the State in which the marriage was entered
into or, in the case_ of_a marriage entered into outside of any State, if the
Rev. July 2015 - 80 -
marriage is valid in the place where entered into and could have been entered
into in at least one State. This definition includes an individual in a same -sex or
common law marriage that either:
(1) Was entered into in a State that recognizes such marriages; or
(2) If entered into outside of any State is valid in the place where
entered into and could have been entered into in at least one State.
State means any State of the United States or the District of Columbia or
any Territory or possession of the United States.
F. "Serious health condition" means an illness, injury, impairment, or
physical or mental condition that involves:
1. 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 (3) consecutive calendar days, and any
subsequent treatment or period of incapacity relating to the some
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 within thirty (30)
days from the first day of incapacity, absent extenuating
circumstances, and the first medical visit must take place
within seven (7) days of the first day of incapacity; or
ii) Treatment by a health care provider within seven (7)
days of the first day of incapacity 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.
Rev. July 2015 - 81 -
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:
i) Requires periodic visits (visiting a health care
provider at least twice a year for the same condition) for
treatment by a health care provider, or by a nurse or
physician's assistant under direct supervision of a health
care provider;
ii) 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.
G. "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, which 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)
Rev. July 2015 - 82 -
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, clinical social workers,
and physician assistants 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
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.
H. ualif inn Exiaencies" may include attending certain military events,
arranging for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post -
deployment reintegration briefings.
7.25.3 Reasons for Leave
Leave is only permitted for the following reasons:
A. Incapacity due to pregnancy, prenatal medical care or birth of a child by
an employee;
B. To care for the employee's child after birth, or placement for adoption or
foster care;
C. To care for the employee's spouse, registered domestic partner, son or
daughter, or parent, who has a serious health condition; or
D. For a serious health condition that makes the employee unable to
perform the employee's job; or
E. To care for a covered service member during a single 12-month period.
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; all prior service counts,
regardless of any breaks in service; 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 Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to
active duty status in the National Guard or Reserves in support of contingency
operations may use their 12-week leave entitlement to address certain qualifying
exigencies.
7.25.6 Amount of Leave
Eligible employees are entitled to a total of 12 work weeks of leave during any 12-
month period (with the exception of special leave entitlement that permits eligible
Rev. July 2015 - 83 -
employees to take up to 26 weeks of leave to care for a covered servicemember
during a single 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, registered domestic
partner 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 CitX: In any case in which a husband and
wife, or registered domestic partners, 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 work weeks during any 12-month period if leave is
taken for the birth or placement for adoption or foster care of the employees'
child (i.e., bonding leave). This limitation does not apply to any other type of
leave under this policy.
7.25.7 Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be
taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer's operations. Leave due to
qualifying exigencies may also be taken on an intermittent basis.
7.25.8 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.
7.25.9 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 practicable 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.
Rev. July 2015 - 84 -
Employees must provide sufficient information for the City to determine if the leave
may qualify for FMLA protection and the anticipated timing and duration of the leave.
Sufficient information may include that the employee is unable to perform job
functions; the family member is unable to perform daily activities, the need for
hospitalization or continuing treatment by a health care provider, or circumstances
supporting the need for military family leave. Employees must also inform the
employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees may also be required to provide a certification and
periodic recertification supporting the need for leave.
7.25.10 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/CFRA
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 Duty 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.
D. Reinstatement Of "Key Employees": The City may deny reinstatement to a
"key" 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.
7.25.11 Required Forms
Rev. July 2015 - 85 -
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. Certification of health care provider for employee's serious health
condition; certification of health care provider for family member's serious
health condition; certification of qualifying exigency for military family leave; or
certification for serious injury or illness of covered servicemember for military
family leave.
C. Authorization for payroll deductions for benefit plan coverage
continuation; and
D. Fitness for duty to return from leave form.
7.25.12 Leave for School -Related Activities for a Child: An employee may be
eligible for leave to attend school -related activities of a child in accordance with Labor
Code Section 230.8.
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 Human Resources of the accident. Human
Resources 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. Human Resources shall give
the injured employee a Workers' Compensation Claim Form ("DWC-1") within one
working day of employer knowledge. The only exception to providing a Claim Form is
with respect to "first aid claims."
Under California state law, any employee sustaining an injury or illness arising out of
and in the course of employment may be entitled to:
7.30.1 All reasonable and necessary medical care for a work -related injury or illness;
7.30.2 "Temporary disability" payments in lieu of lost wages, commencing three (3)
days after the first full day of lost time.
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
Rev. July 2015 - 86 -
Physician" form to the Employee Relations Officer for treatment of job -related injuries
prior to the date of injury, 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 may also elect to treat with the City's
designated medical service provider.
If the employee's claim is delayed by the City's Workers' Compensation Program
claims administrator to determine whether it is work -related according to the laws of
the State of California, the employee is entitled to medical treatment during the
pendency of the investigation, up to a maximum of $10,000.
A regular employee who is unable to perform regular or modified duties because of an
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 absence from work because of
such disability. City pay is in lieu of "temporary disability benefits."
Such workers' compensation salary continuation shall commence with the first full
day of lost time after the employee has been placed on temporary disability for a
work -related injury or illness, and the employee is not able to return to work, either on
regular or modified duty, and shall conclude with:
(a) the employee's return to work in a regular or modified capacity for the
City or any other employer; or
(b) termination of such temporary disability by the medical provider; or
(c) upon reaching a maximum medical improvement, as determined by
competent medical evidence; or
(d) upon the completion of twenty-six (26) weeks on-the-job injury leave,
whichever comes first.
Employees with injuries or illnesses that persist beyond twenty-six (26) weeks may be
eligible for Workers' Compensation temporary or permanent disability payments as
defined by State law. The portion of workers' compensation salary continuation that
represents payment for lost time at the statutory "Temporary Disability" rate is non-
taxable.
While the City is not required by law to provide the following benefit, a regular
employee shall not be required to use accrued sick leave for medical treatment,
including doctor's appointments and/or physical therapy appointments, related to an
active, accepted Workers' Compensation claim for injury or illness arising out of and in
the course and scope of the employee's duties. Such leave shall be denoted as
"Workers' Compensation Leave" on the employee's time sheet and shall be paid from
the City's Workers' Compensation salary continuation fund. Appointments should be
Rev. July 2015 - 8% -
scheduled for the lunch hour or before or after work whenever possible to minimize
the impact on the City's operations.
City policy allows for regular employees unable to perform their regular or modified
duties by reason of an injury or illness arising out of and in the course of their
employment to integrate their accrued benefits once worker's compensation salary
continuation has ceased in order 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 "take-home" compensation. City paid medical benefits will continue until the
workers' compensation salary continuation has ceased (26 weeks).
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 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, 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.
Rev. July 2015 - 88 -
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 TRANSITIONAL (TEMPORARY) RETURN TO WORK PROGRAM
7.31.1 PURPOSE
The City of La Quinta is committed to providing a work environment that is free from
discrimination. In keeping with this commitment, the City maintains a strict policy
prohibiting discrimination and harassment of injured employees.
The purpose of the Transitional Return to Work (TRTW) Program is to return all injured
employees, who are temporarily precluded from performing their normal duties, to
work in a TRTW assignment, if available.
7.31.2 RESPONSIBILITY
The Human Resources/Risk Manager will act as the TRTW coordinator. This individual
will function as the liaison with the workers' compensation claims administrator if the
claim is industrial.
7.31.3 PROCEDURES
A. Identifying TRTW Assignments:
1. Periodically, the TRTW coordinator will request that all
departments complete the "TRTW Assignment" form (Exhibit B). This
form assists the TRTW coordinator in identifying beforehand possible
TRTW assignments.
B. Employee Placed On TRTW By A Treating Physician:
1. If the employee has work restrictions, the work restrictions will be
listed on the "Notice of Physician's Recommendations" (Exhibit C) by the
treating physician.
2. If the employee's department is able to accommodate the
restrictions, the employee's supervisor will notify the TRTW coordinator,
and the coordinator will send a TRTW agreement letter to the employee.
3. The employee's supervisor will ensure that the employee is
complying with and working within the work restrictions imposed by the
treating physician.
The City of La Quinta will interact with the employee to discuss their
ability to continue performing modified duty at or near 90 days following
commencement of modified duty.
Rev. July 2015 - 89 -
C. Employee's Department Unable To Accommodate The Restrictions:
1. If the employee's department is unable to accommodate the
restrictions, the department will notify the TRTW coordinator
immediately.
2. The TRTW coordinator will:
i. Check file for previously submitted TRTW assignment forms.
ii. Contact other departments for possible TRTW assignments
based upon the employee's restrictions.
iii. Instruct the employee where to report if an assignment in
another department is located. (May be delegated to the
employee's supervisor.)
D. Unavailable Transitional Assignments:
1. If no TRTW assignment is available, the employee will be put off
work.
2. Employees off work are to contact the TRTW coordinator on a
weekly basis for the availability of TRTW assignments.
3. Failure to contact the TRTW coordinator may result in disciplinary
action.
E. Intermittent Assignment:
1. If an employee completes a TRTW assignment and there is no
additional TRTW assignment available, the employee will be put off work.
2. If the injury is industrial, the TRTW coordinator must immediately
notify the workers' compensation claims administrator that the
employee is not working.
F. Time sheet Procedures:
1. TRTW duty shall be denoted as "Regular" time on the employee's
time sheet with an additional explanation that the employee is on a
TRTW assignment.
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, continuing 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 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 shalt
Rev. July 2015 - 90 -
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) work weeks and 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 or administrative leave allowances, or leave
donated under the Vacation Leave Transfer Policy referred to in Section 14.15.5 of
these Personnel Policies, participation in the group health insurance plan shall
terminate unless the employee elects to retain said coverage at the employee's
expense. If the employee uses less than 50% of the hours needed per pay period to
receive a full paycheck, their 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) work weeks. 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.
Rev. July 2015 - 91 -
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.
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 Selling, providing, consumption of, being under the influence of, possession of
alcoholic beverages or illegal controlled substances or abuse of prescription
medication while on duty or in such close time proximity thereof as to cause any
detrimental effect upon the employee or upon other employees (See Section 1.65
regarding medical marijuana).
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.
Rev. July 2015 - 92 -
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 or bullying, on the basis of
race, religious creed, color, national origin, ancestry, gender, gender identification,
medical condition, marital status, sex, pregnancy, age, sexual orientation, domestic
partnership status, military and veteran status, or mental or physical handicap against
the public or other employee while acting in the capacity of a City employee.
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.
Rev. July 2015 - 93 -
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.
Rev. July 2015 - 94 -
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 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, procedures and/or regulations so that problems are resolved early
and thus, the need to utilize more severe 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) and
will be placed in the employee's central personnel file located in Human Resources.
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 Human Resources.
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)
Rev. July 2015 - 95 -
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 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 employee's personnel file.
A formal warning or written reprimand should be documented in the format
prescribed by the Employee Relations Officer. The employee shall receive a copy of
the documented formal warning or written reprimand, and a copy shall be placed in
the employee's personnel file in Human Resources. 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 or written reprimand. The
employee has ten (10) days from the date of receipt of the disciplinary action to
respond in writing.
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
Rev. July 2015 - 96 -
10. A copy of all such disciplinary documents shall be placed in the employee's
central personnel file located in Human Resources. The employee shall 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.
Rev. July 2015 - 97 -
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.
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
Rev. July 2015 - 98 -
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 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.
Rev. July 2015 - 99 -
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.
Rev. July 2015 - 100 -
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 a joint decision between
the employee and the City. The costs of the Hearing Officer shall be borne by the City.
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;
11.20.3 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
Rev. July 2015 - 101 -
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 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
Rev. July 2015 - 102 -
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 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.
Rev. July 2015 - 103 -
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.
Rev. July 2015 - 104 -
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 salary 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 Classification Specifications.
Rev. July 2015 - 105 -
12.10.13 Determination of standards, policies and procedures for selection, training
and promotion of employees.
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.
Rev. July 2015 - 106 -
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 12.55.
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.
Rev. July 2015 - 107 -
GRIEVANCE
PROCEDURES
STEP
CONTACT
FILE
DECISION
Informal
Supervisor
N/A
Immediate
Step I Formal
Department
15 working days
5 working days from
Director
from Informal
filing
Decision
Step II Formal
Employee
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
Rev. July 2015 - 1 08 -
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 actions 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 or near the Human
Resources/Risk Manager's office.
13.05.2 Payroll Files: The Human Resources/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.
Unless required for a criminal investigation, an observation folder on an employee
shall remain 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 commend
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 files) 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.
Rev. July 2015 - 109 -
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 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.
Rev. July 2015 - 110 -
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, other than a City Council
Member, must work a minimum of thirty (30) hours per week to be eligible for the
health benefit plan offered by the City. An Employee who works between thirty (30)
and forty (40) hours per week (other than employees participating in the Alternate
Work Week Schedule) will receive 75% of the contribution the City pays for a full-time
Employee and/or dependent(s).
14.05 HEALTH, DENTAL, VISION AND LIFE INSURANCE 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 Human Resources. 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.
C. An employee who provides the City evidence of medical insurance under
a separate policy and requests to be deleted from the City's coverage shall
receive $250 per month as an in lieu payment. Should such other coverage
subsequently be unavailable to the employee, the employee shall have the
right to seek reinstatement to coverage under the City's policy upon written
request. In such a case, the City shall reinstate the employee's coverage and
cancel the in lieu payment if reinstatement is permitted under the provisions
for reinstatement then in effect with the City's health insurance provider.
14.06 PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA)
Statement of Intent:
To the extent not already provided for under current health and welfare benefit
policies and regulations, the City of La Quinta ("City") will provide benefits for eligible
employees as required by the Patient Protection and Affordable Care Act ("ACA")
enacted on March 23, 2010, including the Internal Revenue Code Section 4980H
Shared Responsibility for Employers Regarding Health Care Coverage. The City is
considered a "large employer" for the purposes of the Shared Responsibility Provisions
(Section 4980H to Title 26 of the United States Code, the Internal Revenue Code) of
the ACA.
The Internal Revenue Service will assess a penalty on the City if (1) it fails to offer
"substantially all" of its benefit eligible employees (and their dependents) the
opportunity to enroll in minimum essential coverage or offers coverage to
"substantially all" of its benefit eligible employees (and their dependents) that is
Rev. July 2015 - 111 -
either "unaffordable" or does not provide "minimum value" and (2) any benefit eligible
employee receives a subsidy for coverage through the exchange ("Penalty").
This Personnel Policy ("Policy") establishes the "Look Back Measurement Method Safe
Harbor" ("Look Back Safe Harbor") under the ACA. The City establishes this Look Back
Safe Harbor for the purposes of managing any potential Penalty.
This policy also establishes the Affordability Safe Harbors to determine affordability for
purposes of managing any potential Penalty.
Definitions•
For purposes of this policy, the following definitions shall apply:
1. Benefits: The Fixed Monthly City Contribution as provided under the City Council
adopted Memorandum of Understanding in effect at the time with the La Quinta City
Employees' Association.
2. Benefit Eligible Employee:
a. An employee hired into a budgeted position (as included in the
Authorized Positions - Salary Ratings Schedule) for an indefinite period of time
and scheduled to regularly work thirty (30) or more hours per week;
b. A member of the City Council; or
C. An Hourly/Seasonal/Temporary (HST) employee that:
i. Is determined to have worked at least thirty (30) hours per week
after the City has analyzed the total hours of work during either the
employee's Initial Measurement Period or Standard Measurement Period;
or
ii. Effective January 1, 2015, reasonably expected to work thirty (30)
hours or more per week.
3. Variable Hour Employee: An Hourly/Seasonal/Temporary (HST) employee that
at the time of hire is not reasonably expected to work an average of thirty (30) hours
per week.
4. On -Going Employee: An employee hired on or before November 2, 2013, or has
completed at least one full Standard Measurement Period.
5. New Employee: An employee hired after November 2, 2013, and has not
completed their Initial Measurement Period.
Policy:
1. Look Back Measurement Method Safe Harbor - Ongoing Employees: The City
establishes the Look -Back Safe Harbor with regard to all ongoing employees as
follows:
Standard Measurement Period: November 2 through November 1 (starting November
2, 2013 and continuing each year thereafter)
Rev. July 2015 - 112 -
Administrative period: November 2 through December 31 (starting November 2, 2014
and continuing each year thereafter)
Stability period: January 1 through December 31 (starting January 1, 2015 and
continuing each year thereafter.)
If an ongoing employee's employment status changes (as benefit eligible or not
benefit eligible) before the end of a Stability Period, the change in status will not affect
the classification of that employee's status for the remaining portion of the Stability
Period.
New Employees: Beginning January 1, 2015, on the start date of a new employee the
City will determine whether the employee is reasonably expected to be a benefit
eligible employee. If the employee is reasonably expected to be a benefit eligible
employee the City will offer health coverage before the end of the employee's first 60
days of employment.
New Variable Hour Employees: If, based on the facts and circumstances, on the start
date of a new employee the City is unable to determine that the employee is
reasonably expected to be employed an average of at least thirty (30) hours per week
over the initial measurement period, then the employee is considered a variable hour
employee.
The City establishes the following measurement periods for new variable hour
employees:
Initial Measurement Period: Twelve months (beginning on the first of the month
following the start date, unless the start date is the first of a calendar month in which
case the period will start on that date)
Administrative period: One calendar month (beginning the first of the month
following the end of the Initial Measurement Period)
Stability period: Twelve months following the administrative period unless the new
variable hour employee does not measure as a benefit eligible employee during the
initial measurement period, then the stability period associated with the initial
measurement period must not exceed the remainder of the standard measurement
period (plus any associated administrative period).
Transitioning from New to Ongoing Employee: The City will measure the hours of a
new variable hour employee during the first complete standard measurement period
for which he/she is employed. This means that a new employee's status may be
tested under an initial measurement period and at the same time be measured under
the overlapping standard measurement period.
Rev. July 2015 - 113 -
a) If an employee measures as benefit eligible during the initial
measurement period, he/she will retain benefit eligible status for the entire
associated stability period (even if the employee does not qualify as benefit
eligible during the standard measurement period).
b) If an employee does not measure as benefit eligible during the initial
measurement period, but qualifies as benefit eligible during the standard
measurement period, the employee must be treated as benefit eligible during
the stability period associated with the standard measurement period (even if
that means coverage must be offered before the end of the stability period
associated with the initial measurement period).
Breaks In Service: When an employee experiences a break in service without
providing at least one hour of service, the employee will retain the status the
employee had previously with respect to any stability period, except that an employee
will be treated as a new employee:
a) if the employee resumes employment after a period of at least 26
consecutive weeks with less than an hour of service; or
b) if the employee's period of no service (measured in weeks) is at least four
consecutive weeks long and exceeds the number of weeks of that employee's
period of employment immediately preceding the period of no service.
Hours of Service Calculation: Hours of service means each hour for which an
employee is paid, or entitled to payment by the City for a period of time during which
no duties are performed due to comprehensive annual leave, compensatory time off,
holiday, jury duty, or military duty. The City will calculate actual hours of service and
hours for which payment is due for hourly employees. For non -hourly employees, the
City will apply one of three methods on a reasonable and consistent basis:
a) calculate actual hours of service and hours for which payment is made
or due;
b) calculate hours of service using a days -worked equivalency (8 hours per
day for each day employee is credited with an hour of service); or
c) calculate hours of service using a weeks -worked equivalency (40 hours
per week for each week employee is credited with an hour of service)
Hours Based On Payroll Periods: The City has two options for calculating hours based
on payroll periods. The City may exclude the entire payroll period that contains
November 2 (the first day of the Standard Measurement Period), as long as it includes
the entire payroll period that contains November 1 (the last day of the Standard
Measurement Period). Alternatively, the City may exclude the entire payroll period
that contains November 1 (the last day of the Standard Measurement Period), as long
as it includes the entire payroll period that contains November 2 (the first day of the
Standard Measurement Period). The option chosen will be applied on a uniform and
consistent basis for all employees.
Rev. July 2015 - 114 -
Special Unpaid Leave: Special Unpaid Leave is defined only as unpaid leave under the
Family and Medical Leave Act of 1993, unpaid leave under the Uniformed Services
Employment and Reemployment Rights Act of 1994, or unpaid leave on account of
jury duty. When an employee takes special unpaid leave to determine hours of service
the City will compute the average after excluding any periods of special unpaid leave
during the measurement period and apply that average for the entire measurement
period.
2. Affordability Safe Harbors - The City intends to apply the Rate of Pay Safe
Harbor to determine the affordability of the minimum essential coverage that it offers
its benefit eligible employees. The City in its sole discretion may also apply the Form
W-2 Safe Harbor or Federal Poverty Line Safe Harbor. These affordability safe harbors
will be applied on a uniform and consistent basis for all employees in a reasonable
category.
Rate of Pay Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of an amount equal to 130 hours multiplied by the
employee's hourly rate of pay as of the first day of the coverage period.
b. The City may use this safe harbor only if the City does not reduce the
employee's wages during the calendar year (with respect to the employees for
whom the City applies the safe harbor).
C. If rate of pay increases during the year, the City will use the lowest rate
of pay for the year in the calculation.
d. The coverage offered by the City will be deemed affordable if the
employee's monthly contribution is equal to or less than 9.5 percent of the
monthly wage.
Form W-2 Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of the Form W-2 wages (as reported in Box 1) for the
employee from the employer for the calendar year in which coverage is offered.
b. The coverage offered by the City will be deemed affordable if the
employee's contribution is equal to or less than 9.5% of the employee's Form
W-2 wages as reported in Box 1.
Federal Poverty Line Safe Harbor
a. The City measures whether the employee's required contribution for the
calendar month for the lowest cost self -only coverage that provides minimum
value exceeds 9.5 percent of a monthly amount determined as the Federal
Poverty Line (FPL) for a single individual for the applicable calendar year.
b. The coverage offered by the City will be deemed affordable if the
employee's monthly contribution does not exceed 9.5 percent of the monthly
FPL for a single individual for the applicable calendar year.
Rev. July 2015 - 115 -
14.10 HOLIDAYS: Days which are designated as paid holidays by the City Council shall
be legal holidays for City employees unless otherwise specified. Each holiday shall be
considered eight (8) hours. A holiday falling on Sunday will 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 Eve Day
Christmas Day
*New Year's Eve Day
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
Friday after Thanksgiving
December 24
December 25
December 31
*Christmas Eve (December 24) and New Year's Eve (December 31) in the event
those days fall on a weekday are considered paid holidays, and all employees
shall receive eight (8) hours of holiday pay for each.
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 work 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.
Floating holidays:
Regular full-time employees are also entitled to twenty (20) hours of 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. All floating
holiday hours 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
hours 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 hours not used.
Probationary employees may use their floating holiday hours if necessary.
Rev. July 2015 - 116 -
14.10.2 Regular Part-time Employees who work at least thirty (30) hours per week,
shall receive holiday compensation on a pro r6ta 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 work week.
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.
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 service
Annual number of hours eligible to earn
Beginning year
0-1
80 hours
Beginning year
2
88 hours
Beginning year
3
96 hours
Beginning year
4
104 hours
Beginning year
5
112 hours
Beginning year
6
120 hours
Beginning year
7
128 hours
Beginning year
8
136 hours
Beginning year
9
144 hours
Beginning year
10
152 hours
Beginning year
11 and after
160 hours
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 hours 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.
Rev. July 2015 - 117 -
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.
E. Each accrued vacation day shall be considered eight (8) hours.
F. Vacation leave may be taken in any increment of minutes, 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 work week. Employees in this category
may accrue up to 160 hours of vacation leave.
14.15.4 Vacation Buy -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 issued
as a separate check in December.
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 May or 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. Any employee desiring to exercise this option
must make a written request to the Finance Director no later than May 15 or
November 15 in the calendar year for which vacation buy back is sought. The
buy-back pay will be issued as a separate check in June or December.
C. Regular Part -Time Employees
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's vacation bank has been reduced
by at least 30 hours of vacation time 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 issued as a separate check in December.
14.15.5 Vacation Leave Transfer Policy (VLTP):
Rev. July 2015 - 118 -
The conditions for participation in the Vacation Leave Transfer Policy (VLTP) are as
follows:
A. If a full-time permanent City employee has been granted leave under
the Family and Medical Leave Act of 1993, which is for a period of up to twelve
(12) weeks, and the employee has exhausted all earned leave credits - sick,
vacation, administrative, compensatory (comp) time, and holiday credits, due
to injury or illness of himself/herself or an immediate family member, the
employee can request approval to take part in the VLTP, wherein fellow
employees can donate vacation leave or comp time to enable employees in
these situations to continue to receive their regular pay. An employee is
eligible to participate in the VLTP when he/she has been employed at least 12
months, completed their probationary period, and worked for at least 1,250
hours during the 12-month period immediately preceding the request for VLTP.
B. To participate in the VLTP, a request must be submitted specifically on
the VLTP Request Form to the department head and then to the Employee
Relations Officer (ERO) for approval of donated vacation leave or comp time
from fellow employees. Any appeal or a denial 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 needed.
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.
Rev. July 2015 - 119 -
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 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 by donee
through the VLTP.
0. 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"
once the requesting employee returns to work on a full-time basis.
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.
14.20 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 1.25.20 of these Personnel Policies). Sick Leave is not an earned
Rev. July 2015 - 120 -
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 ("dependent" is defined in Section 1.25.20 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.
All regular part-time employees who work less than 30 hours per week, in accordance
with "The Healthy Workplaces, Healthy Families Act of 2014" which takes effect July 1,
2015, shall earn 24 hours of paid sick leave per calendar year (paid at their hourly
rate) in each year of employment. Regular Part-time Employees who, on or after July
1, 2015, work in California for 30 or more days within a year from the commencement
of employment, are eligible to use accrued paid sick leave beginning on the 90th day
of employment, at which time sick leave of 24 hours (or such pro -rated amount as is
warranted based on start date) will be credited to the employee's Leave Account in a
lump sum and is available for use. Accrued paid sick leave does not carry over to the
following year, but will be paid out at the rate of 50% on the final paycheck in
December each year, or upon termination if same occurs earlier than the end of the
calendar year.
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
excessive absenteeism or tardiness (excused or not) which affects the employee's
ability to perform assigned duties; interferes with the efficient or effective operation of
City programs, or establishes a pattern of abuse or neglect. Each situation of
excessive absenteeism or tardiness shall be evaluated on a case -by -case basis
(exceptions may include FMLA leave or other approved leaves of absence).
Discipline under this Section shall be subject to the progressive discipline guidelines
outlined in Personnel Policy Section 9.05.
14.20.5 Definitions:
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a. Sick Leave: absence for health related matters of the employee or
dependents of the employee (as defined in Section 1.25.20 of these Personnel
Policies).
b. Improper Use of Sick Leave: Evidence substantiating any improper use of
sick leave, use of such leave for anything other than a bona fide reason, or any
violation of the rules herein shall be considered grounds for disciplinary action,
up to and including termination.
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. Any one specific day.
iii. Half days.
iv. Continued pattern of maintaining zero or near zero sick leave
balances.
V. Excessive absenteeism - use of more sick leave than accrued or
granted.
14.20.6 Sick Leave Pay Back:
A. City agrees to provide Sick Leave pay back upon employee's termination,
as follows:
2 through 4 years of service 25%
5 through 9 years of service 50%
10 through 19 years of service 75%
20 years of service and up 100%
B. Mandatory Pay Back: 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 pay period in November 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.
C. Optional Pay Back: Employees have the option to be reimbursed for
accrued and unused sick leave above 240 hours up to 480 hours twice every
year for accruals through the last pay period in May or November. The sick time
pay back will be issued as a separate check in June or December.
D. 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.
Rev. July 2015 - 122 -
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.
14.20.8 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.
14.20.9 Temporary and Seasonal Employees shall not accrue paid sick leave, but may
take leave without pay as approved by their Supervisors.
14.20.10 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 work week. 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 14.20.6.
14.21 KIN CARE LEAVE
(a) An employee may use in any calendar year the employee's accrued and
available sick leave entitlement, in an amount not less than the sick leave that
would be accrued during six months at the employee's then current rate of
entitlement, to attend to an illness of a child, parent, spouse, or domestic
partner of the employee. All conditions and restrictions placed by the City upon
the use by an employee of sick leave also shall apply to the use by an employee
of sick leave to attend to an illness of his or her child, parent, spouse, or
domestic partner. This section does not extend the maximum period of leave
to which an employee is entitled under Section 12945.2 of the Government
Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec.
2606 et seq.), regardless of whether the employee receives sick leave
compensation during that leave.
(b) As used in this section:
(1) "Child" means a biological, foster, or adopted child, a stepchild, a
legal ward, a child of a domestic partner, or a child of a person standing
in loco parentis.
(2) "Parent" means a biological, foster, or adoptive parent, a stepparent,
or a legal guardian.
(3) "Sick leave" means accrued increments of compensated leave
provided by the City to an employee for use by the employee during an
absence from the employment for any of the following reasons:
(A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
Rev. July 2015 - 123 -
(B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
(C) The absence is for other medical reasons of the employee,
such as pregnancy or obtaining a physical examination. "Sick
leave" does not include any benefit provided under an employee
welfare benefit plan subject to the federal Employee Retirement
Income Security Act of 1974 (Public Law 93-406, as amended) and
does not include any insurance benefit, workers' compensation
benefit, unemployment compensation disability benefit, or benefit
not payable from the employer's general assets.
14.25 BEREAVEMENT LEAVE: Employees shall be allowed thirty-two (32) hours
Bereavement Leave in the event of death of an immediate family member as defined
in Section 1.25.57. Regular, part time employees who work at least thirty (30) hours
per week shall be allowed twenty-four (24) 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
of Administrative Leave per calendar year:
City Clerk
City Manager
Community Development Director
Deputy City Manager/Community Services Director
Finance Director/Treasurer
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 shall not apply.
14.30.2 Professional/Administrative/Management Employees: The following FLSA
exempt positions shall receive forty (40) hours of Administrative Leave per calendar
year:
Accounting Manager
Assistant Civil Engineer
Associate Engineer
Associate Planner
Building Official
Business Analyst
Rev. July 2015 - 124 -
Golf, Parks & Facilities Manager
Maintenance Manager
Management Analyst
Human Resources/Risk Manager
Planning Manager
Principal Planner
Principal Engineer
Construction Manager/ Inspection Supervisor
14.30.3 Accrual and Use: Upon hire, employees are credited a prorated amount of
Administrative Leave upon appointment. The prorated 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. 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 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 forty (40) hours. The Employee Relations Officer may allow
accrual beyond the maximum if circumstances warrant. All compensatory time shall
Rev. July 2015 - 125 -
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 WorkedOvertime 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 sixty dollars ($60.00) per holiday. Employees
out on an excused leave of absence (i.e., sick leave, vacation leave, use of comp time
off, administrative leave, etc.) for a full day are not eligible for standby pay on that
day.
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. July 2015 - 126 -
SECTION 15: TRAINING AND TRAVEL
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 by the City. All
employees with prior approval by the Employee Relations Officer may be reimbursed
Rev. July 2015 - 127 -
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 some has been submitted and approved by the Employee Relations
Officer. The general rule is that an employee must be employed at the time he/she
starts and completes the class or workshop in 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 10% of the total annual budgeted money
available for tuition reimbursement.
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
Rev. July 2015 - 128 -
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 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.
15.31 TRAVEL AND EXPENSE POLICY:
PURPOSE:
To establish uniform guidelines for City Council members, members of City legislative
bodies, and City employees to follow with regard to travel and expense reporting that
arises in the course of conducting City business.
BACKGROUND:
The City recognizes that attendance at meetings and conferences serves a vital forum
for the exchange of ideas in all areas of municipal administration, presenting and
receiving information, and advocating legislation of benefit to the City. The governing
factor in authorizing attendance at these functions is the tangible benefit accruing to
the City because of such attendance in relation to the overall expense to the City.
In the course of serving the City, City Council members routinely incur substantial job
related expenses, including increased cellular phone use charges; and City Council
members, members of City legislative bodies, and City employees incur other
incidental costs relating to meals, parking, entertainment, phone and related
miscellaneous charges.
To that end, City Council members, members of City legislative bodies, and City
employees are occasionally required to expend City funds. This is accomplished either
by requesting City funds in advance, using City issued credit cards, or by spending
one's own funds and requesting reimbursement from the City.
Government Code Sections 36514.5, 53232.2 and 53232.3 authorizes reimbursement
for actual and necessary expenses incurred in the performance of official duties. The
following policies are intended to cover what should be reasonable expenses of
Rev. July 2015 - 129 -
business meetings and travel and the reporting thereof and may not be all-inclusive.
The reasonableness of any unforeseen situations will be decided upon by the City
Manager for employee expenditures and by the City Council for elected and appointed
officials' expenditures.
POLICY:
1. AUTHORIZED EXPENSES
City funds, equipment, supplies (including letterhead) and employee time must only
be used for authorized City business. The following types of expenses generally
constitute authorized expenses, provided that other requirements of the policy are
met:
A. Communicating with representatives of regional, state and national
government on City -adopted policy positions;
B. Attending educational seminars designed to improve officials' skill and
information levels;
C. Participating in regional, state, and national organizations whose
activities affect the City's interest;
D. Recognizing service to the City (for example, thanking a longtime official
or employee with a retirement gift or celebration of nominal value or cost);
E. Attending City events;
F. Implementing a City -approved strategy for attracting or retaining
business to the City of La Quinta, this will typically involve at least one staff
member;
G. City Council stipends for cellular use, as provided in Section 1.98 Cell
Phone Use Policv of these policies.
2. RESPONSIBILITY
All persons subject to this policy have the responsibility to determine the
reasonableness of travel costs, as justified by the nature of travel. The intent is to
account for actual and necessary reimbursable expenses while each City Council
member, member of a City legislative body or employee accomplishes City goals as
reasonably as possible. This policy is not intended to address every issue, exception or
contingency that may arise in the course of City travel or attendance at meetings.
Accordingly, the basic standard that should prevail is to use good judgment in the use
and stewardship of City funds. Any deviations from this policy should be approved by
the City Council.
The City Manager shall administer and be the approving authority for the expenditure
of travel and expense funds in accordance with appropriations made by the City
Council in the annual adopted budget for all City employees and City legislative
bodies, with the exception of the appropriations made for City Council members travel.
Personal and City travel must not be commingled in such a manner as to increase
allowable expense or otherwise affect adversely the interest of the City.
Rev. July 2015 - 130 -
3. TRAVEL AUTHORIZATION
Official travel by persons covered by this policy requires prior written authorization by
the appropriate approving authority. The City form, "Travel Request and/or Advance,"
shall be used to document authorization, and may be obtained in the Finance
Department.
Travel trips of one -day or less shall not require a pre -approved "Travel Request and/or
Advance" if no advance is requested, but the second part of the form covering
conference update reporting must be completed, if applicable, upon return.
Out-of-state travel, round trips over 300 miles, or trips involving overnight stay must
be approved by the City Council. If time does not permit City Council approval, the City
Manager may authorize the travel request. The City Manager shall notify the City
Council of the authorized travel and the circumstances which prevented City Council
review/approval. Upon return, the "Conference Update Report" section of the "Travel
Request" form must be completed.
4. TRAVEL EXPENSES
Persons covered by this policy may provide their own funding and file claims for
reimbursement, or may apply for an advance of public funds by utilizing the "Travel
Request and/or Advance" form. All requests for advance of travel funds are to be
submitted through the approving authority to the Finance Department at least five (5)
working days before the intended date of departure. All advances must be properly
accounted for based on actual and necessary expense incurred, upon termination of
travel for which the advance was made. Advance payments do not constitute
approval to spend the entire amount advanced. Only actual and necessary expenses,
as further limited by the specific provisions of this policy, will be paid from City funds.
5. ADVANCE RESERVATIONS --CANCELLATION
Persons covered by this policy are encouraged to make reservations for any meeting,
convention, or dinner for which the City would bear the cost, which he or she is
planning to attend, in sufficient time to allow for lower airfare or reservations costs to
be obtained.
Cancellations that result in expenditure of City funds will be reviewed on a case -by -
case basis by the City Manager to determine whether the employee may be held
responsible for the cost. The full City Council will make that determination for any
canceled public official travel.
6. TRANSPORTATION
Individuals requesting official travel should attempt to travel by the means most
economical to the City consistent with scheduling needs and cargo space. In selecting
a particular method of transportation, consideration shall be given for the total cost to
the City which will result; including overtime, lost work, and actual transportation
costs. In the event that a more expensive transportation form is used, the cost borne
by the City will be limited to the cost of the most economical, direct, efficient and
Rev. July 2015 - 131 -
reasonable transportation form unless otherwise approved by the City Council.
Government and group rates must be used when available.
A. Automobile Travel
Transportation by car may be done either with a personal vehicle or City vehicle. For
persons other than those receiving a monthly auto allowance, if a personal vehicle is
used, net mileage will be reimbursed at the current Internal Revenue Service Rates
(see www.irs. ov). Net mileage equals roundtrip mileage minus any commute miles.
Before initiating overnight travel, those employees not receiving a monthly mileage
allowance should contact the Finance Department for the availability of a pooled
vehicle.
Those persons using their own vehicle and receiving a monthly auto allowance will be
reimbursed only for the net mileage in excess of 60 miles. In any case, mileage will
not be reimbursed for portions of the trip made for non -business related matters.
When the use of public air carrier transportation is approved, private automobile use
to and from the airport shall be reimbursed for all allowable miles at the current
Internal Revenue Service Rates (see www.irs. ov) or commercial auto rental will be
allowed if necessary and alternative personal or public transportation is unavailable or
unreasonable.
B. Air Travel and Automobile Rental
(1) Coach Class Air Travel. Reimbursement shall be made for coach air
travel if the cost of such air travel is competitive with other passenger
airlines' coach airfares.
(2) Rail Travel. Reimbursement shall be made for coach rail travel if the
cost of such rail travel is competitive with other coach rail travel fares.
(3) Taxi Service. Charges for taxi service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances. Portions of taxi
charges that are related to excessive tips (i.e., in excess of 15%) will not
be reimbursed.
(4) Shuttle Service. Charges for shuttle service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(5) Bus Fare. Charges for bus service are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(6) Vehicle Rental. Charges for vehicle rental are reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances. When determining
the type of rental car to be used, consideration should be given to the
Rev. July 2015 - 132 -
economic standards set forth in this policy and the appropriate use and
stewardship of City funds.
(7) Out of Pocket Expenses Related to Use of City Owned Vehicles.
Reimbursement for fuel and other out-of-pocket expenses incurred as a
result of the use of a City owned vehicle is permissible provided that use
of the City owned vehicle is the most economical, practicable and
efficient mode of transportation available under the circumstances.
(8) Chartered Travel. Use of chartered travel shall be reimbursable if such
transportation is the most economical, practicable and efficient mode of
transportation available under the circumstances.
(9) Airport parking may be used during travel on official City business and
is reimbursable with receipts.
7. LODGING
Lodging expenses will be reimbursed or paid when travel on official City business
reasonably requires an overnight stay. Lodging shall be obtained at the most
economical rate available for safe, clean, convenient, and quality accommodations.
Factors such as proximity to destination and prevailing rates should be considered for
reasonableness. If such lodging is in connection with a conference, lodging expenses
must not exceed the group rate published by the conference sponsor for the meeting
in question if such rates are available at the time of booking. Travelers must request
government rates, when available. If the group rate or government rate is not
available, lodging rates that do not exceed the median retail price for lodging for that
area listed on websites similar to www.priceli_ne..com or www.travelocitv.com or an
equivalent service shall be considered reasonable and hence reimbursable.
A. Advance Booking and Time Period
An employee is expected to make reservations well in advance whenever
possible and to take other actions to ensure that lodging is secured at
moderate rates. Lodging shall be limited to the maximum number of nights
required to conduct the assigned City business. If a person subject to this policy
chooses to arrive earlier or stay later than the length of City business, the
additional lodging and other expenses related to this decision are the
individual's personal expenses and will not be reimbursed or paid by the City.
B. Family Member Accompaniment
There is no objection to a spouse and/or other family member(s) accompanying
a person subject to this policy on a City business trip, if their presence does not
detract from the performance of City duties. The attendance at the meetings
and conferences by such family members of City employees and officials is to
be considered the sole expense of the individual employee and/or official, and
all differences in costs brought about by the attendance and/or accompanying
travel of a family member shall not be borne, paid or reimbursed by the City.
8. MEALS
Meals, except for those included in the cost of the registration, are allowable at actual
costs including reasonable tips and room service charges not to exceed $75 per day.
Rev. July 2015 - 133 -
Expense claims for meals including people other than the claimant shall include the
following information:
1. Date expense incurred
2. Parties participating
3. Purpose of the meeting
Itemized meal receipts are required.
9. OTHER ALLOWABLE EXPENSES
The following expenses shall be permissible, subject to other provisions of this
policy to the extent that they are actual and necessary:
A. Incidental transportation expenses, such as ferry fares; bridge, toll road
and vehicle parking fees;
B. Telephone and facsimile charges for official business;
C. Reasonable fees and tips paid to waiters, porters, baggage handlers, bellhops,
hotel maids, and other service personnel; and
D. Business related entertainment functions that are attended to promote
City related business objectives are allowable, as long as detail is provided
stating who attended and what subjects were discussed.
10. NON -ALLOWABLE EXPENSES
Personal expenses are not allowable. These may include, but are not limited to:
A. Barber and/or beauty shop charges
B. Fines for traffic violations
C. Private automobile repairs
D. Expenses of any persons accompanying the person subject to this policy
on the trip (except as noted in Section 9(D))
E. Purchase of personal items
F. Fitness/Health Facilities or Massages
G. Political contributions
H. Alcohol
Expenses that are not otherwise listed or identified in this policy shall require
prior approval at a public hearing of the City Council pursuant to Government Code
section 53232.2(f).
11. SETTLEMENT OF EXPENSES
All covered persons are responsible for the accurate preparation of their claims, and
the responsibility of omission or commission cannot be shifted to another individual.
A "Travel Expense Report" (obtainable in the Finance Department) substantiated by
receipts which verifies the claimed expenditures as being an actual expense, must be
submitted to the City Manager within ten (10) days of the expense being incurred or
the end of the trip, whichever is later. Inability to provide such documentation in a
Rev. July 2015 - 134 -
timely fashion may result in the expense being borne by the individual. All expenses
are subject to verification that they comply with this policy.
Pursuant to state law, Travel Expense Reports are public records.
If a person subject to this policy has drawn expense money in advance, a settlement
must be made based on actual expenses that are substantiated by receipts. If actual
expenses exceed the advance, upon approval by the City Manager, said expenses will
be reimbursed to the traveler by the Finance Department. If actual expenses do not
exceed the expense advance received, said traveler shall return all unused portions of
the expense advance to the Finance Department.
To be reimbursed for expenditures, an employee or official must sign and submit a
"Travel Expense Report" form or, if applicable, the "Conference Update Report" section
of the "Travel Request" form. No reimbursement shall be made until the "Travel
Expense Report" form or, if applicable, the "Update Report" section of the "Travel
Request" form has been property executed and approved by the City Manager, with
the exception of City Council members.
Elected and appointed officials' travel expenditures will be reimbursed if they are
within budgetary constraints, all proper forms have been completed and signed, and
receipts are attached.
The decision of the City Manager shall be final in all cases where conflicts of opinions
on reimbursement or allowable expenses exist. For City Council members and
appointed officials, the decision of the Council shall be final.
REPORTS BY CITY COUNCIL, BOARD OR COMMISSION
In accordance with state law, Council members and members of Boards and
Commissions shall provide a brief report in either verbal or written form, on meetings
attended at City expense at the next meeting of the City Council.
PROCEDURES:
There are two forms to be utilized for travel and expense reporting. The first form is
the "Request for Travel and/or Advance" form. This form is comprised of two basic
parts: Part 1 covers the authorization for travel and/or an advance, and Part 2 provides
follow-up information on the event attended. The second form is the "Travel Expense
Report" which is needed in order to create the proper audit trail necessary for
recording the expenditure of City funds.
1. "Request for Travel and/or Advance" form:
Out of state travel, trips in excess of 300 miles, or trips that involve overnight
stay must be approved by the City Council.
Trips or conferences that do not fall into the above category may be approved
by the appropriate department head, or by the City Manager in the case of
department head or non -elected officials' requests. The City Manager
Rev. July 2015 - 135 -
authorizes his own travel or conferences when they do not fall into the City
Council approval category mentioned -in the first paragraph.
Part 1 of this form, "Authorization," must be completed prior to the trip or
conference. Requests for cash advances are included in this part of the form. If
no advances are requested and City Council approval is not needed, this part of
the form may be filled out upon completion of the trip or conference if the
appropriate verbal authorization has been granted.
All approved advance requests are to be submitted to Finance at least five (5)
working days before being needed. A second copy of this form will remain with
Finance as payment backup documentation. The traveler will retain the original
until Part 2 is completed and submitted with the Expense Report. Advances
and all other expenses must be reconciled and approved on the "Travel
Expense Report" and submitted to Finance within five (5) working days after
completion of the trip or conference.
Part 2 of this form, "Conference Update Report", is to be completed with a short
narrative highlighting the subject of the conference and its relevance to City
operations. This section must be completed when any conference expenses are
incurred in the time period required by this policy.
The original "Request for Travel and/or Advance" form must be attached to the
"Travel Expense Report" when that form is submitted.
2. "Travel Expense Report" form:
The "Travel / Expense Report" (referred to as the "expense report") is required
to track all travel and expenditures of the City. A proper audit trail, which
includes supporting receipts, is necessary to comply with travel and expenses
reporting requirements.
The expense report which must be filled out is designed to be a logically
grouped over -view of the total expenditures incurred while traveling. Detail
and supporting documentation, including receipts and the "Request for Travel
and/or Advance" form, must be attached as backup to this expense report.
There is some space provided on the form itself for detailed explanation of any
circumstances or situations that may need to be addressed.
Meal and business entertainment receipts must identify names of who
attended and what business matters were discussed. Itemized hotel bills are
needed rather than, or in addition to, lump sum receipts. Monthly credit card
bills are not to be used in lieu of the actual charge receipts. Receipts must be
submitted for all expenses. In the event that receipts are not available, a
written explanation of the circumstances as to why this is the case must be
provided, as well as the reason for the incurred expense.
Rev. July 2015 - 136 -
The expense report is divided into three columns to cover whatever spending
situations may occur.
Column 1 is to contain allowable business expenses that the claimant has paid
for personally, whether by personal credit card, check or cash. Cash advances
become personal cash as soon as they are received from the City. Therefore,
column 1 should be used when spending cash even if it was received from a
City advance. The advance in such cases will also be listed in column 3 as a
non -business expense of the City. When columns 1 and 3 are netted together,
the refund amount will be determined.
The Expense Report should also be used for all mileage reimbursement claims
whether conference related or not. Column 1 of the form shall be completed
with appropriate detail.
Column 2 is to contain all City paid expenses. These will primarily be City credit
card expenses but may also include any checks or cash that were paid directly
to the provider and were not received by the as an advance. Such checks or
cash paid directly may not always be readily determined, but the claimant
needs to include these amounts to reflect the total cost to the City.
Totals from columns 1 and 2 should be added and the result placed in the
"Total Trip Expense" box.
Column 3 is to contain the amounts which were paid by the City on either
check, cash, or credit card for items which are not reimbursable expenses. All
efforts should be made not to use City funds for unallowable expenditures.
Any advances that the claimant receives, whether check or cash, must be
picked up in this column. Advances are considered non -business expenditures
by the City and are the property of the recipient. Allowable expenditures that
occur in such cases are listed separately in column 1.
The total from column 1 is subtracted from the total of column 3 and the
balance is due the City. If that result is a negative balance, it is a balance due
the claimant.
The claimant must sign the expense report certifying its correctness. Council
member reports need only Council member signature. All other reports require
City Manager and the appropriate department head signature approval.
All expense reports will be kept in a segregated payable file whether money is
due the claimant or not. Finance will verify credit card receipts with the
expense report and then attach the receipts to the credit card billing as backup
documentation. Any credit card billing received without receipts is not a
reimbursable expense. Any personal charges incurred, or advances not
reconciled, are considered a receivable to the City and may be deducted from
Rev. July 2015 - 13 % -
any checks issued by the City to that individual after the five (5) day report filing
deadline has expired.
Because these items are public records, staff is instructed to redact private
financial information (i.e., credit card numbers or account numbers) to protect
the privacy of those submitting receipts.
COMPLIANCE WITH STATE LAW / VIOLATIONS
City officials should keep in mind that some expenditures may be subject to reporting
under the Political Reform Act and other laws. All agency expenditures are public
records subject to disclosure under the Public Records Act and other applicable laws.
Use of public resources or falsifying expense reports in violation of this policy may
result in any of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City's reporting the expenses as income to the person to state and
federal taxing authorities;
4. Civil penalties of up to $1,000 per day and three times the value of the
resources used;
5. Prosecution for the misuse of public resources.
Rev. July 2015 - 138 -
EXHIBIT A
CITY OF LA QUINTA
Computer Loan Program
Criteria
The following criteria apply to the Computer Loan Program for the City of La Quinta,
California:
ELIGIBILITY
All full-time employees who have completed probation are eligible. This is strictly a
volunteer program and the employee will use their own time and expense in order to
participate. Also, program parameters such as the maximum loan amount, interest
rate and scope of the program, will be evaluated on an annual basis.
SCOPE
The City has adopted a Windows operating system.
The following items are eligible for inclusion in the loan amount:
Desktop computers, laptops, tablets, printers, monitor, scanner, backup devices, hard
drive, CD/DVD ROM drives, surge protector, wireless routers, speakers, battery backup,
upgrading current equipment, including memory, and warranty costs. Software that is
commonly used at the City is eligible. Normal installation costs, protection plans and
sales tax are also included.
The following items are not included:
Software (not included as loaded software in the computer purchase unless
commonly used at the City) and Internet software and service charges.
The City Manager may approve items not included within the scope of this section.
FREQUENCY
An employee may apply for participation in the program at any time by contacting
Human Resources and submitting an application form. After an employee has
participated in the program, the employee will not be eligible again until all loans are
repaid in full.
AMOUNT OF LOAN
A maximum of $1,750 will be reimbursed to the City within 2 years. In the event that
an employee is eligible to receive the entire $1,750 and spends less, the remaining
amount cannot be carried over to the next year. For example, if an employee receives
Rev. July 2015 - 139 -
approval to spend up to $1,750 and only requires $1,000, the remaining amount of
$750 cannot be loaned in future years. Loans are awarded based on the availability of
funds.
INTEREST RATE
The interest rate is five percent (5%) per year simple interest payable in 26 or 52 equal
installments from the nearest payroll date of the loan. A $1,750 loan would be repaid
in accordance with Attachment No. 1. Early payoff of loans will be for the outstanding
principal at the next payroll date after notification.
SELECTION PROCESS
Eligible employees must submit an Intent to Participate form in order to be considered
for the loan. Each loan request will be processed upon submission, subject to approval
and available funds.
Employees will be classified into two groups - New Participants and Repeat
Participants. New participants have priority over repeat participants. Repeat
participants are not eligible for a new loan until all new participant requests have been
approved and their previous loans are repaid. Any participant who has defaulted on a
previous loan is ineligible for future loans.
RiskManager will track the receipt of loan requests to determine the selection order of
eligible employees. Funding of the approved loan requests will continue until
available funded slots are filled. A list of each employee participating in the program
and the order selected will be compiled and will be available on request. Employees
have sixty days to complete their purchase from the date of being notified of their
eligibility.
Each year the City will determine the amount that may be loaned for the Computer
Program. No carryover of unused funds to the next fiscal year is allowed.
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program.
The employee is responsible for purchasing the equipment within sixty days of award,
handling vendor complaints, and maintaining service of the equipment. The computer
equipment will be purchased by the employee in the employee's name. The City's only
role is to provide loans for the purchase and the collection of the loan.
The City loan is for the purchase of computer equipment and eligible software with
payment by the City for its portion made payable to the computer vendor and not to
the employee. The City will give the check payable to the vendor to the employee. If
the employee purchase is for more than the City loan amount, the employee is
Rev. July 2015 - 140 -
responsible for the difference. The City will not be responsible for any difference nor
will it cosign for any loans. In addition, no City purchase order may be used for any
purchase nor may any employee verbally or in writing represent that the City is
purchasing equipment for its use. If the purchase price is greater than $1,750, the
employee must make arrangements with a vendor to accommodate this method of
payment.
Prior to any payments being made, the employee must submit a sales quote for the
items being selected to Human Resources. After being reviewed for eligibility, the
employee will be notified of any items not qualifying under the Program. After the
sales quote has been reviewed and modifications made, a check to the computer
vendor will be produced. The vendor check will be given directly to the employee. The
employee will then produce a final invoice to the Finance Director evidencing the
transaction. The City will not make a loan if the previously described steps have not
been complied with. For instance, the City will not reimburse an employee after a
purchase has been made by the employee.
REPAYMENT
The employee will sign a slip authorizing withholding of the principal and interest
amount from future paychecks and authorizing the City to withhold any remaining
principal and interest still due and owing from their final paycheck, in the event the
employee leaves City service before the loan is repaid. If the loan amount exceeds
the final paycheck after all other withholdings are made, the employee will pay the
remaining principal amount due with personal funds within one week of leaving City
service. It is the employee's responsibility to make payment. If such payment is not
made within seven days, the employee is deemed to have defaulted on the loan. The
City will commence actions it deems necessary to collect on the remaining loan.
Interest will continue to accrue after default until repaid in full. Interest may accrue
past the two-year term of the loan if still in default at the end of the second year.
The City may turn the defaulted loan over to a collection agency, Small Claims Court,
City legal resources or other measures necessary for collection. The City will attempt
to recover any costs expended on collecting the loan from the employee.
VENDOR SELECTION
The City has not specified one particular vendor nor does it recommend a particular
vendor. The employee is responsible for selecting a vendor and negotiating the price,
warranty and other terms of the purchase
The employee is responsible for any mailing and service charges not covered by any
warranties.
USE OF COMPUTERS
Rev. July 2015 - 141 -
If the equipment is said before the end of the loan, the outstanding principal and any
accrued interest will continue to be due and owing to the City, and payroll deductions
will continue until such time as the loan is repaid in full. Returning merchandise
purchased under this program for a cash refund or exchange for other than items
permitted under this computer loan policy is strictly prohibited. .
EARLY DUE DATE OF LOAN
The loan is for a one- or two-year period unless the employee leaves City employment,
in which case the principal and interest is due from the final paycheck.•
ATTACHMENT
The attached form will be used to document the transaction.
Rev. July 2015 - 142 -
CITY OF LA QUINTA COMPUTER LOAN PROGRAM
EMPLOYEE NAME
(Please print)
DATE:
SUPPORTING DOCUMENTATION:
SALES QUOTE $
(Please attach all documentation)
AMOUNT OF AUTHORIZED LOAN $
I have received and read the Computer Loan Policy of the City of La Quinta and hereby
authorize the City to withhold the following amount from my paycheck for the number
of pay periods indicated in the following table:
Number of Pay Periods: (Please circle one) 26 ($
or
52 ($ )
In the event I leave City service before the loan is repaid, I hereby authorize the City to
withhold any remaining principal and interest still due and owing from my final
paycheck, and to pursue other collection remedies in accordance with the provisions
of the Computer Loan Policy.
Employee Signature
Date:
Finance Director Signature
Date:
PLEASE RETURN TO HUMAN RESOURCES
Rev. July 2015 - 143 -
EXHIBIT B
CITY OF LA QUINTA
TRANSITIONAL RETURN TO WORK ASSIGNMENT
Goal: To reduce costs associated with lost -time injuries.
Method: Return injured employees who are temporarily precluded from
performing the essential functions of their normal and customary duties
back to work in a transitional assignment.
TRANSITIONAL RETURN TO WORK ASSIGNMENTS
Area:
(Generic Description)
Time Period: (from to )
Department Section
Contact Phone No.
A) Duties:
B)
C)
D)
E)
Location:
Scheduled Hours:
Supervisor:
Physical Requirements of tasks:
F) Skills Required:
Rev. July 2015 - 144 -
EXHIBIT C
Please return to the Human Resources/Risk Manager
CITY OF LA QUINTA
Notice of Physician's Recommendation
Date:
Employee Name: Date of Injury:
RETURN FROM ILLNESS OR LEAVE
MEDICAL CLEARANCE FOR EMPLOYMENT IS (CHECK BELOW)
RETURN TO WORK DATE:
NEXT APPOINTMENT:
TIME:
❑ Released to return to full duty: (Employee may report for normal work
assignment).
❑ Released to return to modified duty (Employee may report for conditional work
assignment) on with the following
restrictions :
1. ❑ Keep wound or dressing dry and/or clean
2. ❑ No pushing, pulling, lifting (circle applicable) in excess of
pounds
3. ❑ Limited ❑ standing ❑ walking ❑ sitting ❑ stooping ❑ bending ❑
squatting
Duration Other limitation
4. ❑ Limited use of ❑ right ❑ left
❑ hand ❑ wrist ❑ shoulder ❑ arm
Duration Other limitation
5. ❑ Limited overhead work
6. ❑ Limited ❑ climbing ❑ stairs ❑ uneven surfaces ❑ other
Duration Other limitation
7. ❑ Other restrictions or limitations
8. Anticipated duration of modified work described above is day(s) or
week(s)
9. All releases to modified duty include the restriction of no sports activity.
❑ Total temporary disability until (Employee
unable to return to normal & regular duties.)
Other restrictions:
Rev. July 2015 - 145 -
AMENDMENT NO. 1
TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 1 ("Amendment") is made by and between the CITY OF
LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association")
as of June 27, 2016.
RECITALS
A. WHEREAS, Association and City entered into a Memorandum of
Understanding ("MOU") on July 1, 2015 which covers the period of July 1, 2015
through June 30, 2017; and
B. WHEREAS, Section 3.A of the MOU provides that the parties shall consider
the 2016 World at Work ("WOW") salary range adjustments projections to determine
an appropriate salary range increase recommendation; and
C. WHEREAS, City and Association have considered the 2016 World at Work
("WOW") salary range adjustments and concluded the reopener, and have arrived at a
consensus on a 2.1% increase to the Fiscal Year 2015/2016 Schedule of Salary Ranges
effective June 27, 2016.
NOW THEREFORE, it is agreed by and among the parties as follows:
1. The foregoing Recitals are true and correct and incorporated in full as
part of this Amendment.
2. Effective June 27, 2016, the Schedule of Salary Ranges for all employees
represented by Association shall be increased by 2.1%.
3. The reopener referenced in Section 3.A of the MOU is concluded/closed
for purposes of 2016 WOW adjustment.
4. Except as modified by this Agreement, the MOU remains in full force and
effect according to its terms.
CITY OF LA QUINTA
1
s r� ...J,
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
By:
Its: Mayor Its: President
RESOLUTION NO. 2016 - 022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING
AMENDMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
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 current Memorandum of Understanding (MOU) with the City and
Association expiring on June 30, 2017 provides for a meet and confer reopener;
WHEREAS, the City and the Association have negotiated and agreed upon a
2.1% structure adjustment increase to the Schedule of Salary Ranges effective June
27, 2016, as set forth in Exhibit A; and
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 implementation of the economic
benefit and right set forth in Amendment No. 1 between the City and the Association,
attached and incorporated herein as Exhibit B and said to the extent the City may
legally do so in accordance with the time constraints of said MOU.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 21s' day of June, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No. 2016-022
LQCEA Amendment No. 1 to MOU
Adopted: June 21, 2016
Page 2 of 2
ATTEST:
SUSAN MAYSELS, City Jerk
City of La Quinta, California
(CITY SEAL)
APPROVED -AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
City of La Quints
Schedule of Salary Ranges
Fiscal Year 2016/2017
ANNUAL SALARY RANGES
MIN - JOB RATE -
DBM Step 1 Step 2 Step 3 Step 4 Step 5
All $37,500.86 $39,375.91 $41,250.95 $43,125.99 $45,001.04
Al2 $41,258.91 $43,321.85 $45,384.80 $47,447.74 $49,510.69
A13 $45,016.95 $47,267.80 $49,518.65 $51,769.49 $54,020.34
B21 $48,786.28 $51,225.60 $53,664.91 $56,104.22 $58,543.54
B22 $52,544.32 $55,171.54 $57,798.76 $60,425.97 $63,053.19
B23 $56,302.37 $59,117.49 $61,932.61 $64,747.72 $67,562.84
B24 $61,008.39 $64,058.81 $67,109.23 $70,159.65 $73,210.06
B25 $66,651.10 $69,983.65 $73,316.20 $76,648.76 $79,981.31
B31 $61,008.39 $64,058.81 $67,109.23 $70,159.65 $73,210.06
B32 $66,651.10 $69,983.65 $73,316.20 $76,648.76 $79,981.31
MIN - JOB RATE -
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
C41 $68,502.83 $71,357.34 $74,211.86 $77,066.37 $79,920.88 $82,771.97 $85,628.54
C42 $72,110.55 $75,115.40 $78,120.24 $81,125.09 $84,129.94 $87,131.18 $90,138.19
C43 $75,718.27 $78,873.45 $82,028.63 $85,183.81 $88,339.00 $91,490.39 $94,647.84
C44 $80,236.05 $83,579.49 $86,922.92 $90,266.36 $93,609.80 $96,949.22 $100,295.06
C45 $85,653.05 $89,222.21 $92,791.38 $96,360.54 $99,929.70 $103,494.58 $107,066.31
D61 $90,170.83 $93,928.25 $97,685.67 $101,443.08 $105,200.50 $108,953.41 $112,713.54
D62 $94,679.37 $98,624.66 $102,569.95 $106,515.24 $110,460.53 $114,401.08 $118,349.21
D63 $99,413.34 $103,555.89 $107,698.45 $111,841.00 $115,983.55 $120,121.14 $124,266.67
D64 $104,384.01 $108,733.69 $113,083.37 $117,433.05 $121,782.73 $126,127.19 $130,480.01
D65 $109,603.21 $114,170.37 $118,737.54 $123,304.70 $127,871.87 $132,433.55 $137,004.01
E81 $115,083.37 $119,878.89 $124,674.41 $129,469.94 $134,265.46 $139,055.23 $143,854.21
E82 $120,837.53 $125,872.84 $130,908.14 $135,943.44 $140,978.74 $146,007.99 $151,046.92
E83 $126,879.41 $132,166.48 $137,453.54 $142,740.61 $148,027.67 $153,308.39 $158,599.26
1`101 $163,360.00 $170.167.21 $176,974.42 $183,781.63 $190,588.84 $197,387.89 $204,200.00
EXHIBIT A
MONTHLY SALARY RANGES
MIN -
JOB RATE -
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
All
$3,125.07
$3,281.33
$3,437.58
$3,593.83
$3,750.09
Al2
$3,438.24
$3,610.15
$3,782.07
$3,953.98
$4,125.89
A13
$3,751.41
$3,938.98
$4,126.55
$4,314.12
$4,501.70
B21
$4,065.52
$4,268.80
$4,472.08
$4,675.35
$4,878.63
B22
$4,378.69
$4,597.63
$4,816.56
$5,035.50
$5,254.43
B23
$4,691.86
$4,926.46
$5,161.05
$5,395.64
$5,630.24
B24
$5,084.03
$5,338.23
$5,592.44
$5,846.64
$6,100.84
B25
$5,554.26
$5,831.97
$6,109.68
$6,387.40
$6,665.11
B31
$5,084.03
$5,338.23
$5,592.44
$5,846.64
$6,100.84
B32
$5,554.26
$5,831.97
$6,109.68
$6,387.40
$6,665.11
MIN -
JOB RATE -
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6 Step 7
C41
$5,708.57
$5,946.45
$6,184.32
$6,422.20
$6,660.07
$6,897.66 $7,135.71
C42
$6,009.21
$6,259.62
$6,510.02
$6,760.42
$7,010.83
$7,260.93 $7,511.52
C43
$6,309.86
$6,572.79
$6,835.72
$7,098.65
$7,361.58
$7,624.20 $7,887.32
C44
$6,686.34
$6,964.96
$7,243.58
$7,522.20
$7,800.82
$8,079.10 $8,357.92
C45
$7,137.75
$7,435.18
$7,732.61
$8,030.04
$8,327.48
$8,624.55 $8,922.19
D61
$7,514.24
$7,827.35
$8,140.47
$8,453.59
$8,766.71
$9,079.45 $9,392.79
D62
$7,889.95
$8,218.72
$8,547.50
$8,876.27
$9,205.04
$9,533.42 $9,862.43
D63
$8,284.44
$8,629.66
$8,974.87
$9,320.08
$9,665.30
$10,010.09 $10,355.56
D64
$B,698.67
$9,061.14
$9,423.61
$9,786.09
$10,148.56
$10,510.60 $10,873.33
D65
$9,133.60
$9,514.20
$9,894.79
$10,275.39
$10,655.99
$11,036.13 $11,417.00
E81
$9,590.28
$9,989.91
$10,389.53
$10,789.16
$11,188.79
$11,587.94 $11,987.85
E82
$10,069.79
$10,489.40
$10,909.01
$11,328.62
$11,748.23
$12,167.33 $12,587.24
E83
$10,573.28
$11,013.87
$11,454.46
$11,895.05
$12,335.64
$12,775.70 $13,216.61
F301
$13,613.33
$14,180.60
$14,747.87
$15,315.14
$15,882.40
$16,448.99 $17,016.67
m
X
2
Effective June 27, 2016
AMENDMENT NO. 1
TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 1 ("Amendment") is made by and between the CITY OF
LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association")
as of June 27, 2016.
RECITALS
A. WHEREAS, Association and City entered into a Memorandum of
Understanding ("MOU") on July 1, 2015 which covers the period of July 1, 2015
through June 30, 2017; and
B. WHEREAS, Section 3.A of the MOU provides that the parties shall consider
the 2016 World at Work ("WOW") salary range adjustments projections to determine
an appropriate salary range increase recommendation; and
C. WHEREAS, City and Association have considered the 2016 World at Work
("WOW") salary range adjustments and concluded the reopener, and have arrived at a
consensus on a 2.1% increase to the Fiscal Year 2015/2016 Schedule of Salary Ranges
effective June 27, 2016.
NOW THEREFORE, it is agreed by and among the parties as follows:
1. The foregoing Recitals are true and correct and incorporated in full as
part of this Amendment.
2. Effective June 27, 2016, the Schedule of Salary Ranges for all employees
represented by Association shall be increased by 2.1%.
3. The reopener referenced in Section 3.A of the MOU is concluded/closed
for purposes of 2016 WOW adjustment.
4. Except as modified by this Agreement, the MOU remains in full force and
effect according to its terms.
CITY OF LA QUINTA
Wag
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
By:'�
Its: Moor Its: President
RESOLUTION NO.2016 - 032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, APPROVING AND ADOPTING
AMENDMENT NO. 2 TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND
THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
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 current Memorandum of Understanding (IOU) with the City and
Association expiring on June 30, 2017 provides for a meet and confer reopener;
WHEREAS, the City and the Association have negotiated and agreed upon a
health benefit cap of $1,515 effective January 1, 2017; and
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 implementation of the economic
benefit and right set forth in Amendment No. 2 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 MOU.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 2"d day of August, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
Resolution No. 2016-032
LQCEA Amendment No. 2 to MOU
Adopted: August 2, 2016
Page 2 of 2
ATTEST:
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
EXHIBIT A
AMENDMENT NO. 2
TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 2 ("Amendment") is made by and between the CITY OF LA
QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association") as
of January 1, 2017.
RECITALS
A. WHEREAS, Association and City entered into a Memorandum of
Understanding ("MOU") on July 1, 2015 which covers the period of July 1, 2015
through June 30, 2017; and
B. WHEREAS, Section 4 of the MOU provides for a meet and confer reopener
to determine amounts paid by the City and employees for insurance coverage for the
next-calendaryear; and
C. WHEREAS, City and Association have met and considered the 2017
Health Premium adjustments.
NOW THEREFORE, it is agreed by and among the parties as follows:
1. The foregoing Recitals are true and correct and incorporated in full as
part of this Amendment.
2. Effective January 1, 2017, the health benefit cap will be $1,515 per
month per employee.
3. The reopener referenced in Section 4 of the MOU is concluded/closed for
purposes of the 2017 insurance coverage premiums.
4. Except as modified by this Agreement, the MOU remains in full force and
effect according to its terms.
CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES' ASSOCIATION
By: By:
Its: Mayor —ifs.- President