2009-10 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, 2009, and shall remain in effect through and
including June 30, 2010.
SECTION 2: SALARY
The Schedule of Salary Ranges (Schedule), which is attached hereto as Exhibit I and by
this reference made a part hereof, shall remain in effect during the term (July 1, 2009 through
June 30, 2010) of this MOU. Exhibit 1 reflects a zero percent (0%) COLA over the schedule in
effect on June 30, 2009.
SECTION 3: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE.
A. Fiscal Year 2009-10.
The parties agree to reopen negotiations in September 2009 in order to meet and confer
on the amounts paid by the City and employees for insurance coverage for the next calendar
year. The process to be utilized for determining increases in coverage is set forth in the Health
Benefits Reopener Process Methodology (Health Benefits Methodology), which is attached
hereto as Exhibit 2 and by this reference made a part hereof.
B. 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.
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 4: SALARY SURVEY
The City conducted a salary survey in January 2009 of the same fifteen (15) comparison
cities used in the previous external salary survey for all represented positions. The City and
Association agree that the results of the salary survey do not warrant any changes to the salaries
of any represented positions at this time.
SECTION 5: EDUCATIONAL INCENTIVE PROGRAM.
All employees are eligible for tuition reimbursement pursuant to Section 15.25 of the
City's Personnel Rules. The total of such reimbursement for all employees shall not exceed
$17,250 during of this MOU at a maximum of $1,035 per employee.
2009-10 MOU- 7-10-09 -2-
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, 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.
2009-10 MOU-7,10.09 -3-
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 discrirninate 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.
The City and Association have agreed to modify the City Personnel Policy as follows:
"14.10.1 R.epular full-time employees are entitled to the following ten (10) paid holidays
each year:
New Year's Day
Dr. Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
January 1
3'd Monday in January
3rd Monday in February
Last Monday in May
July 4
1s' Monday in September
November 11
41h Thursday in November
Friday after Thanksgiving
December 25
All employees shall receive V2 day off for both Christmas Eve (December 24) and
New Year's Eve (December 31) in the event those days fall on a weekday."
The remainder of Section 14.10.1 shall remain unchanged.
2009-10 MOU - 7-10-09 -4-
SECTION 10: VACATION.
9.1 Accrual. Vacation accrual shall be as provided in the City's Personnel Policies
unless superseded as provided herein.
9.2 Buy-back. Vacation buy-back shall be as provided in the City's Personnel
Policies unless superseded as provided herein.
SECTION 11: SICK LEAVE.
Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded
as provided herein.
SECTION 12: PERSONNEL POLICY ADDITIONS AND AMENDMENTS.
The City and Association have agreed to modify City Personnel Policies (attached hereto
as Exhibit 3, collectively) as follows:
A. Addition of Section 1.25.15.1 defining "Dependent Care" as it relates to Section
14.20 (Sick Leave Policy).
B. Amendment to Section 1.96: Use of Electronic Equipment and Systems.
C. Addition of Section 1.98: Cell Phone Use Policy.
D. Mandatory legislative updates and clarification to Section 7.25: Family and
Medical Leave and Section 7.30: On -the -Job Injuries and Workers' Compensation
Coverage.
E. Amendment to Section 14.20 (Sick Leave) referencing Section 1.25.15.1
(definition of "Dependent Care").
F. ` Addition of Section 14.21: Kin Care Leave, as required by the California Labor
Code Section 233.
SECTION 13: COMPUTER PURCHASE PROGRAM.
The City agrees to continue the Computer Purchase Program (Program) as set forth on
Exhibit 4 and by this reference made a part hereof, and to fund the Program in the amount of
$17,500 for each Fiscal Year during the term of this MOU at a maximum of $1,750 per
2009-10 MOU - 7-10-09 -5-
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: ALTERNATIVE WORK SCHEDULE.
The City, and Association agree to have the Employee Relations Officer conduct research
on implementation of an alternative work schedule for recommendation to the City Council
before December 31, 2009. Input from the Association will be considered by the Employee
Relations Officer when formulating his recommendation. Any recommendation shall not include
closing City Hall on any regular weekday.
SECTION 15: EMPLOYEE MEMBERSHIP AT CITY FITNESS CENTER.
The City has recently completed a very successful wellness initiative through Shape Up
the Nation, in which employees were encouraged to form teams and compete in the categories of
weight loss, hours of exercise, and steps walked. As further encouragement for adopting a
healthy lifestyle and a follow-up to this initiative, the City agrees to waive the membership fee
for all City employees to the City's Fitness Center at the President Gerald R. Ford Boys & Girls
Club. City employees may use their City -issued identification card for access to the City's
Fitness Center during regular hours of public operation.
SECTION 16: SOLE AND ENTIRE AGREEMENT.
It is the intent of the parties hereto that the provisions of this MOU shall supersede all
prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary
and/or personnel rules and regulations, administrative codes, provisions of the City (other than
the Municipal Code), whether oral or written, expressed or implied, between the parties, and
shall govern the entire relationship and be the sole source of any and all rights which may be
2009.10 MOU - 7-10-09 -6-
asserted hereunder. This MOU is not intended to conflict with federal or state law. The
Association and the City agree that all personnel rules not specifically included herein shall be
incorporated herein by this reference. The City reserves the right to add to, modify or delete
from its Personnel Rules, subject to its obligations under the Meyers-Milias-Brown Act.
SECTION 17: WAIVER OF BARGAINING DURING TERM OF THIS
AGREEMENT.
During the term of this MOU, the Association agrees that it will not seek to negotiate or
bargain with respect to wages, hours and terms and conditions of employment, whether or not
covered by this MOU or in the negotiations preceding execution of this MOU, except as required
by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual
agreement, agree in writing to meet and confer concerning any matter during the term of this
MOU.
This MOU is hereby executed by the parties hereto as set forth below.
DATED: e , 2009
DATED: 2009
2009-10 MOU- 7.10-09 -7-
CITY OF LA QUINTA
By; .�
Ter Henderson, Mayor Pro Tem
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
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EXHIBIT 2
Health Benefits Reopener Methodology
When calculating the "average" increase in total monthly costs, all health plans
available to City employees at the time of the reopener shall be included,
regardless of whether any City employees participate in such plans at the time of
the reopener (since there is the potential for an employee to choose any of the
plans during open enrollment, so all should be included).
2. Add together all increases and subtract all decreases and divide by the total
number of health plans available to City employees at the time of the reopener to
obtain an overall average percentage increase or decrease.
3. Multiply the overall average percentage increase or decrease by the existing
monthly cap to obtain the recommended increase or decrease to the monthly cap.
4. Recommendation is subject to Council approval.
EXHIBIT 3
1.25.12 Contractual Employee: An employee hired and paid pursuant to the terms and
conditions of a specified written contract between such employee and the City.
1.25.13 Days: Calendar days unless otherwise stated.
1.25.14 Demotion: The voluntary or involuntary transfer of an employee from one
classification to another classification with a lower salary grade or to a lower step in a
classification grade or hierarchy of positions.
1.25.15 Department Director: One who functions directly under the authority of the City
Manager, has direct responsibility for a particular department, and manages its staff, policies and
budget.
1.25.15.1 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 domestic partner.
1.25.16 Disciplinary Action: The discharge, demotion, reduction of pay, suspension,
placing on probation, or the issuance of a written reprimand or formal warning or any other
action for punitive, corrective or disciplinary reasons.
1.25.17 Disciplinary Suspension: A disciplinary action that temporarily relieves an
employee from duty without pay.
1.25.18 Dismissal: The discharge of an employee from City employment.
1.25.19 Eligibility List: A list of all persons eligible for appointment to a particular
classification after final testing/interviews as determined by the Employee Relations Officer.
1.25.20 Emergency Appointment: An appointment made to meet immediate requirements
of an emergency condition, such as fire, flood or earthquake, which threatens life or property,
where such employment is not anticipated to endure beyond the duration of such an emergency
period.
1.25.21 Employee: An elected or appointed person occupying a position in the City
employment, including City Council Members, providing personal services to the City or its
residents. This excludes independent and outside contractors, commissioners, members of
advisory boards, and volunteers.
1.25.22 Employee Assistance Program: (EAP) A confidential assessment and referral
service designed to assist employees in resolving personal problems.
1.25.23 Employee Relations Officer: City Manager, or any individual designated by the
City Manager, to administer the City's personnel system which includes the duties of equal
employment opportunity officer.
397/015610-0005
122106,01 a06/29/09
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.
Effective January I, 1995 the Workplace Violence Safety Act became law. The new statute adds
Section 527.8 to the California Code of Civil Procedure and allows employers to seek temporary
restraining orders (TRO) and an injunction to protect employees who have been the subject of
actual or threatened unlawful violence in the workplace.
1.90 SMOKING POLICY: Smoking is prohibited in all City facilities, all City vehicles and
rolling stock.
1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for
the duties perfoirmed 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.
1.96 USE OP' ELECTRONIC EQUIPMENT AND SYSTEMS: The following is a policy
statement, adopted February 22, 2000, and updated in 2009, regarding the proper use of the
City's electronic: equipment and systems.
SECTION 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 it) this policy is intended to hinder City
officials', officers', or employees' use of electronic communications.
SECTION 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. "Archiral,jonn" means either:
Transcribing or printing electronic convnwrications 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
convnunieation 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
397/015610.0005
13310601 a07106/09 - 24 -
storage; microfiche; and digital photography that is incapable of deletion
or alteration.
B. "Communications equipment and soflivare" means 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 "conmrunicalion" means any communication to,
from, between or among any City official(s) or employce(s) by using an
electronic communication system for City business purposes when it is necessary
that the informational content of such communication be preserved 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 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.
SECTION 3: City's Ownership. All 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, PDA's or Blackberries (collectively referred to as
"Cell Phones"), network equipment, software, telephones, voice mail, documents, spreadsheets,
calendar entries, the Internet, appointments, tasks and notes which are part of the City's
electronic systems or equipment.
SECTION 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 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 dilsciplinary 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, 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.
.197/015610-0005 - 2.5 -
122106.01 a07l08/0'J
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 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
Be advised that under some circumstances, communications sent via e-mail 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 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 systenn does not provide any guarantee of
personal privacy protection, and employees should use the system with this limitation in mind.
SECTION 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 hoes. 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:
Communication relating directly to achieving City or department goals
and the user's personal work -related goals.
39VO156 W-0005 _ 26
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!. Communication relating to a user's individual professional development in
the City.
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.
SECTION 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 business;
F. Political activities;
G. Religious activities;
1-1. Unauthorized access to systems, software or data;
1. Cheating or propagating viruses;
J. Disrupting services;
K. Intentionally destroying or damaging equipment, software, or data;
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L. Use of non -business software, e.g. games and/or entertainment software;
M. Threats;
N. Harassment;
O. Defamation;
P. Slander; and
Q. Access to, or communication of, material or graphic images which are
pornographic, violent, offensive, threatening, disturbing, obscene or profane.
SECTION 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 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.
SECTION 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.
SECTION 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.
SECTION 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 software is a violation of the City's
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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, timesheets,
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 note
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 deparanent 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.
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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 conmwnication 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 theirjobs.
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.
Generally speaking, employees should neither send nor receive personal calls, text
messages, or e-mails during work hours, not to include 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 distraction or safety hazard
to the employee, co-workers, contractors, and/or the general public.
3. Calls to 911 or other emergency calls on persona] cell phones during work hours are
permitted under this policy.
4. The use anal/or wearing of "Bluctooth" or "hands -free" personal cell phone devices is
strictly prohibited during working hours, not to include break times and lunch periods.
5. Employees are not allowed to talk 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 in other than a hands -free node and texting while driving are prohibited by State law.
Wherever possible, phone use should occur when the vehicle is 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.
i
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.
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1.98.2 City -Owned Cell Phone Use.
Certain employees are issued City -owned cell phones, PDAs, or Blackberrys (collectively
referred to as "cell phones") for City business. An employee who believes lie/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. IIowever, it is
expected that any employee who is required to use a cell phone in the performance of his or
her duties shall be provided a cell phone by the City at the City's expense.
2. City -owned cell phones are to be used for City business. Personal calls are to be limited and
should occur only rarely. 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 ill 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, nor to disable any software installed by the City,
including virus protection systems.
The City reserves the right to access, view and copy any employee's City -owned cell phone data,
correspondence, log files, etc. created or stored on City -owned cell phones if necessary for
business necessity or to determine if misuse has occurred. No user of a City -owned cell phone
should have any expectation of privacy nor assume that such use will be anonymous.
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.
6. The following are prohibited uses of City -owned cell phones:
A. Using the phone for private gain or profit, or to solicit for political, religious,
commercial, or other non -City business purposes.
B. Using or storing files containing obscene, offensive, racial, sexual, or hateful
language or images; engaging in ridicule, transmitting threatening, racial, sexual, obscene or
harassing materials; or engaging in any form of sexual harassment.
C. Using the phone for any activity which would be deemed criminal under
applicable federal, state, or local law.
D. Users of City -owned cell phones sluall be courteous when speaking with members
of the public or other City employees. No offensive or inappropriate language is permitted.
E. All employees using a City -owned cell phone must abide by State laws regarding
use of cell phones in vehicles. This means all cell phone use must be in a hands free mode, and
no texting or entailing while driving. Wherever possible, phone use should occur when the
vehicle is safely stopped and the driver can devote full attention to the phone call.
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F. If a City -owned cell phone has camera features, they may only be used for City
business purposes.
Violations of This Policy.
Violations of the City's Cell Phone Policy may subject the employce to disciplinary action under
the City's Personnel Policies. Any questions regarding this Policy should be directed to Human
Resources/Risk Management.
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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/leer accrued compensatory time
off, administrative leave, vacation time, and sick leave, if appropriate, prior to the start of tine
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 Director 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 rata accrual of
vacation, sick leave or holiday credits. A leave of absence without pay of forty (40) ]tours or
more shall also result in a pro rata reduction of employer -paid health benefit payments, and shall
extend the employee's probationary period (if applicable) for the same length of time as to the
leave. After thirty (30) consecutive working days on a leave of absence without pay,
contributions to retirement, life insurance, medical, dental, or other designated benefit plans shall
be suspended until the employee is reinstated.
Upon expiration of an approved leave of absence without pay, the employee shall be reinstated in
the classification held at the time the leave was granted. Failure on the part of the employee to
report to work promptly at the expiration of the leave shall result in the employee being deemed
to have resigned from employment.
7.25 FAMILY AND MEDICAL LEAVE:
7.25.1 Statement of Policy
To the extent not already provided for under current leave policies and provisions, the City will
provide family and medical care leave for eligible employees as required by State and Federal
law. The following provisions set forth certain of the rights and obligations with respect to such
leave. Rights and obligations which are not specifically set forth below are set forth in the
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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 FM LA 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. "Spggae" means a husband or wife as defined or recognized raider California State
law for purposes of marriage.
F. "Serious health condition" means an illness, injury, impairment, or physical or
mental condition that involves:
1. hnpatient 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:
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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 same condition) that also involves:
i) Treatment of two or more times by a health care provider,
by a nurse or physician's assistant under direct supervision
by a health care provider, or by a provider of health care
services (e.g., a physical therapist) under orders of, or on
referral by, a health care provider 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.
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. 'fhe employee or
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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:
A doctor of medicine or osteopathy who is authorized to practice medicine or
surgery by the State of California;
Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who
directly treats or supervises treatment of a serious health condition.
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist) authorized to
practice in California and performing within the scope of their practice as
defined tinder 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;
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. " ualifyin = Exigencies' 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;
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B. To care for the employee's child after birth, or placement for adoption or foster care;
C. To rare for the employee's spouse, 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 servicemember 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 a 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 workweeks of leave during any 12-month period
(with the exception of special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered servicemember dining a single 12-111onth 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. hi addition, the basic minimum duration of
such leave is two weeks. However, an employee is entitled to leave for one of these
purposes (e.g., bonding with a newborn) for at least one day, but less than two weeks
duration on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself
with a serious health condition, there is no minimum amount of leave that must be
taken. However, the notice and medical certification provisions of this policy must
be complied with.
B. Spouses Both Employed By The City: In any case in which a husband and wife both
employed by the City are entitled to leave, the aggregate number of workweeks of
leave to which both may be entitled may be limited to 12 workweeks during any 12-
month period if leave is taken for the birth or placement for adoption or foster care of
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the employees' child (i.e., bonding leave). This limitation does not apply to any
other type of leave under this policy.
7.25.7 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 all employee
(mows 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.
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 tenable 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. Rigrlit 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.
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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
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
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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 Alt 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 Physician" form to the Employee Relations
Officer for treatmment 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:
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(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 timesheet
and shall be paid from the City's Workers' Compensation salary continuation fund.
Appointments should be scheduled for the lunch horn' 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 workers' 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) (lays, 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
397/015610-0005 -70 -
122106.01 A07/I5N9
modified duties. A claim denied by the claims administrator, a written statement from the
treating physician indicating that the employee's condition is permanent and stationary or has
reached maximum medical improvement, or separation from City service shall terminate an
employee's eligibility for Workers' Compensation Leave and any applicable benefits from the
City for that particular injury or illness. The employee may be eligible for other benefits under
workers' compensation law.
The City maintains its right to require that an employee provide regular physician's certification
of work status, and see a City -designated physician on a periodic basis to determine the
employee's disability status. If an employee is given work restrictions by the physician, the City
will initiate an accommodation review to determine if the employee is able to return to work with
or without reasonable accommodation.
The City also maintains its right to require an employee to return to work on a "limited duty"
status, provided that the employee has received authorization from the City -designated physician
as well as from the Employee Relations Officer and the Department Director. Such "limited
duty" status must be of a temporary nature, does not have to be in the same position or
department, and is subject to Employee Relations Officer approval.
Additional information concerning Workers' Compensation Leave or benefits may be obtained
by contacting the Employee Relations Officer.
7.35 DISABILITY LEAVE: Pull 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 premium's (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 shall not accrue during a disability
leave unless the employee is continuing to receive their full customary pay by utilizing accrued
sick leave, vacation, compensatory time -off or administrative leave allowances. If an employee
elects to receive pay for less than their full customary pay, employee benefits (other than the
insurance benefits listed above) shall be pro -rated.
If an employee's disability leave exceeds twelve (12) workweeks 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,
19V015610-0005 7 1
122106,01 a07/15/09
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, comp time,
deferred comp, PERS or any other applicable benefits shall accrue to receiving employee for any
hours provided to donee through the VLTP.
0. Vacation leave donations or comp 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
PMLA is exhausted may continue to receive assigned donated vacation leave and comp 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 comp time shall in no way delay or
prevent the City from taking action to medically separate or disability -retire an employee.
R. Employees on VLTP may use accumulated donated vacation and comp time, in
accordance with Personnel Policy 14.20.1 (Use of Sick Leave), after returning to work.
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
1.25.15.1 of these Personnel Policies). Sick leave is not an earned right to time off from work.
If an employee is to be absent from work due to illness or other allowable reason, the employee
must notify the Supervisor by telephone within the first half hour of normal reporting time, or
earlier if possible.
.197/015610.0003 - 95 -
121106 01 .07108/09
An employee's preventative medical and dental appointments (within reason) and dependent
care ("dependent" is defined in Section 1.25.15.1 of these Personnel Policies) are acceptable uses
of sick leave. The City's policy for Sick Leave accrual and "buy-back" is as follows:
14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off -duty, non -work
connected injury, physical examination, including eye examinations, dentist appointments, or
other commonly accepted health related matters.
14.20.2 Eligibility: All full-time regular employees are eligible for Sick Leave after
completing three (3) months of service. At which time sick leave, in an amount which would
have been earned during the first three (3) months period, will be credited to the employee's
Leave Account in a lump sum and is available for use.
14.20.3 ]`dumber of Days Sick Leave Allowed: The employees shall be credited with one
(1) day per month of work, or major fraction thereof.
14.20.4 Sick Time Pay Back
A. City agrees to provide Sick Leave pay back upon employee's termination, as
follows:
2 to 5 years service 25%
5 to 10 years service 50%
10 years service and up 75%
B. A maximum Sick Leave accrual of thirty (30) days shall be established.
After the maximum accrual of' Sick Leave has been reached, at the end of
each fiscal year employee shall be reimbursed for the number of Sick Leave
days that would have been accrued and unused above the maximum during
the fiscal year, according to the formula used for Sick Leave pay back upon
employee termination, as above. The sick time pay back will be included in
the second payroll check of December.
C. City agrees to provide short-term disability insurance coverage. The actual
terms and benefits of the City's Disability Leave are governed by the
disability insurance program in effect at the time the disability leave is
requested.
14.20.5 Filing Statement of Cause: An employee who is absent because of illness may be
required to file a written statement describing the illness or reason for absence, which then must
be approved by the Employee Relations Officer. If an absence because of illness or disability
extends beyond three (3) consecutive work days, the employee may be required to file a
statement from the employee's physician.
14.20.6 Effect of Absence on Sick Leave: Absence due to Sick Leave or other approved
Leave of Absence will not affect computations for sick leave unless such absences exceed one
(1) month, in which case that month, or more, shall be excluded from computation.
3971015610-0005 96 _
12210e ui 47M/09
14.20.7 Temporary and Seasonal Employees shall not accrue paid sick leave, but may
take leave without pay as approved by their Supervisors.
14.20.8 Regular Part -Time Employees who work at least thirty (30) hours per week shall
accrue paid sick leave, pro -rated calculated by the number of hours worked as a percentage of a
forty (40) hour workweek. Employees in this category may accrue up to 22 days of sick leave.
Sick time pay back shall be calculated pursuant to Section 14.20.4.
14.21 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.
(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 three (3) days Bereavement
Leave in the event of death of an immediate family member as defined in Section 1.25.5 1.
397101561 D-0003 _ 97
122106,01 OVUM
EXHIBIT 4
Revised 7-09
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 XP operating system. All computers and other
hardware must be compatible with the Windows operating system to be eligible.
The following items are included:
Computers, printers, modems, monitor, scanner, backup devices, hard drive, CD Rom
drives, surge protector, speakers, battery backup, upgrading current equipment,
including memory, CPU motherboard components and warranty costs for up to a one
year period. Software that is commonly used at the City is eligible. Normal
installation costs 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.
FRFOIIFNCY
Two drawings will be held each fiscal year on July 31 and January 31. After an
employee has participated in the program, the employee will not be eligible again until
all loans are repaid in full and for the next twenty four (24) months after the date of
their previous drawing.
Page I of 5
Revised 7-09
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
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 RA.
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 a Intent to Participate form by July 31" and January
3151 of each year, subject to available funds.
Employees will be grouped into two classes - New Participants and Repeat
Participants. A separate drawing will be held for each class. New participants have
priority over repeat participants. Repeat participants are not eligible for a drawing until
24 months from their previous drawing have passed and all loans are repaid. Any
participant who has defaulted on a previous loan is ineligible for future loans,
The Personnel!/Risk Manager will conduct a duly witnessed random blind drawing to
determine the selection order of eligible employees. The first name drawn will be the
first in the selection process and 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 the drawing or when they become eligible, if later.
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.
As an example, 16 employees apply for the program but only 15 employees apply by
July 3151. Only 15 employees are eligible for the drawing. The 16`h employee may
apply at the January 31 drawing. If the City determines that it can fund $17,500 or
(10 x $1,750) 5 employees will initially not be eligible for the program. A random
drawing is held and 10 numbers are ranked from 1 - 10. The 10 employees purchase
their equipment and they do not spend their entire allocation leaving $3,500. The
remaining $3,500 would be assigned to employees 1 and 2 at the January drawing.
Page 2 of 5
Revised 7-09
EMPLOYEE RESPONSIBILITIES
The employee is responsible for application to the Computer Loan Program by July 31"
and January 3,1" of each fiscal year.
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
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 the Human Resources/Risk Manager. 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.
Employees who leave the City service before the loan is repaid will pay the remaining
principal and interest in their final paycheck. 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
Page 3 of 5
Revised 7-09
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 City will only pay for up to one year of
warranty costs if the employee has an interest in this area. 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. The City's only criterion is that the computers remain in the employee's
residence during the term of the loan and be Windows XP compatible.
If the equipment is returned or sold before the end of the loan, the outstanding
principal and any accrued interest to the next payroll date are due and payable. If the
loan amount exceeds the paycheck, the repayment process described previously will
be followed.
EARLY DUE DATE OF LOAN
The loan is for a two-year period unless the following events occur in which case the
principal and interest is due to the next payday:
• Sale of the Computer
• Moving the computer from the residence
• Return of equipment to the vendor
ATTACHMENT
The attached form will be used to document the transaction
Page 4 of 5
Revised 7-09
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) 26
Employee Signature
Date:
Finance Director Signature
Date:
or
52 ($
PLEASE RETURN TO THE HUMAN RESOURCES/RISK MANAGER
Page 5 of 5
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
This FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (First
Amendment) is entered into by and between the CITY OF LA QUINTA (City) and the
LA QUINTA CITY EMPLOYEES' ASSOCIATION (Association) as of September 15, 2009.
RECITALS
WHEREAS, City and Association entered into a Memorandum of Understanding (MOU)
concerning labor relations and terms and conditions of employment for the period of July 1, 2009
through June 30, 2010; and
WHEREAS, Section 3(A) of the MOU requires City and Association to reopen
negotiations in September 2009 to meet and confer on the amount paid by City for insurance
coverage after Ca1PERS announces its rate increase or decrease for the upcoming calendar year;
and
WHEREAS, City and Association have met and conferred in good faith as required and
have reached tentative agreement on an increase to the City's contribution to insurance coverage
subject to ratification by the Association membership and approval of the City Council.
NOW THEREFORE, it is agreed by and between the parties as follows:
1. Section 3(A) is hereby amended effective January 1, 2010 so that the amount of the
City contribution towards insurance coverage will increase from up to $1,252 per month to up to
$1,315 per month for calendar year 2010.
2. Except as specifically amended by this First Amendment, the MOU remains in full
force and effect.
CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES'
ASSOCIATION
C'.1 umenu S Iinys\TeniW"Imam Files\OLKMW4
MOU W m .mL
SIDE LETTER AGREEMENT
This SIDE LETTER AGREEMENT ("Agreement") is made by and between the
CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES'
ASSOCIATION ("Association"), as of December 15 , 2009.
RECITALS
A. WHEREAS, Association and City entered into a Memorandum of
Understanding ("MOU") on July 29, 2009 which covers the period of July 1, 2009
through June 30, 2010; and
B. WHEREAS, the City and Association agreed in Section 14 of the MOU
to have the Employee Relations Officer conduct research on implementation of an
alternate work week schedule for recommendation to the City Council before
December 31, 2009; and
C. WHEREAS, on November 17, 2009, staff received Council direction to
implement an Alternate Work Week Schedule ("AWWS") utilizing a 9/80 schedule,
whereby employees who elect to participate in the AWWS would work eight 9-
hour days and one 8-hour day, with every other Friday off; and
D. WHEREAS, City has met and conferred with Association regarding the
AWWS and the parties desire to conduct a trial AWWS commencing on January 1,
2010 and continuing for the remaining term of the existing MOU, or until cancelled
by Management, whichever occurs sooner.
NOW THEREFORE, it is agreed by and among the parties as follows:
1. The City and Association agree that the availability of an AWWS is a
valuable benefit to employees in that it promotes job satisfaction and is of benefit
to the City and its citizens in that it extends the hours of operation at City Hall.
The use of an AWWS is permitted, where it can be accommodated without
impairing departmental operations or public service.
2. As an alternative to the normal work schedule of five 8-hour days
constituting a 40-hour work week (5/40), and subject to the concurrence and
approval of respective Department Directors and the City Manager, a regular full-
time employee may elect to work a 9/80 AWWS. The conditions and restrictions
set forth in the attached 9/80 Alternate Work Week Schedule policy (Exhibit A)
apply to all employees electing a 9/80 AWWS:
A. An employee may elect to establish a bi-weekly work schedule
which varies from the normal schedule in the number of hours worked per day and
in the number of days worked per week, except that no single workday may
exceed nine (9) hours and total scheduled biweekly hours are not to exceed eighty
(80) hours.
B. No AWWS may be established in which overtime is incurred as
a part of the regular established work schedule either under this Agreement or
under Federal or State law.
3. The remainder of the MOU shall not,be affected by this Side Letter
Agreement, and shall remain in full force and effect.
CITY OF LA QUINTA
Its:
LA QUINTA CITY EMPLOYEES'
ASSOCIATION
Its:
Attachment: Exhibit A — 9/80 Alternate Work Week Schedule Policy
-2-
City of La Quinta EXHIBIT A
9/80 Alternate Work Week Schedule (AWWS)
Participation
Participation in the 9/80 Alternate Work Week Schedule (AWWS) is voluntary and subject to
Department Director approval consistent with the needs of the City. Employees shall be required to
sign the "Alternate Work Week Schedule Agreement" (Attachment A) acknowledging receipt and
acceptance of the requirements of this policy. This policy will remain in place until the expiration of
the current Memorandum of Understanding with the La Quinta City Employees' Association, or until
cancelled by management, whichever occurs sooner.
z Work Schedule
Participants in the 9/80 AWWS elect to work from 7:30 a.m. to 5:30 p.m. Monday through Thursday
each week, and from 8:00 a.m. to 5:00 p.m. every other Friday, including a one hour unpaid lunch
period each day, with the opposite Friday being designated as the "Regular Day Off' (RDO).
Variations of this schedule may be approved by the Department Director for select positions when
doing so will result in more efficient operations for the department (i.e., Code/Animal Control
Officers; certain Public Works positions; certain Community Services positions; etc.). Employees
may also elect to stay on a regular 5/40 work schedule (8 hours per day, 5 days per week).
3. FLSA Workweek
The work period shall consist of, for FLSA purposes, a fixed and regularly recurring period of seven
consecutive 24-hour periods (168 hours), or 40 hours worked within a seven-day period, beginning
at noon on Friday and ending at noon the immediately subsequent Friday.
5/40 Employee Example:
MON
TUES
WED
THURS
FRI
Week 0
4 hrs before noon a lies to week orior to Week 1
4 hrs after noon a lies to Week 1
Week 1
8 hrs
8 hrs
8 hrs
8 hrs
4 hrs (before noon applies to Week 1
4 hours after noon) armlies to Week 2
Week 2
8 hrs
8 hrs
8 hrs
8 hrs
4 hrs(before noon lies to Week 2
4 hours r noon applies to Week 3
The 9/80 work schedule shall not reduce service to the public, departmental effectiveness,
productivity or efficiency as determined by the department director.
A/B Schedules — To continue to provide service to the public every Friday,
employees on a 9/80 schedule are to be divided between two schedules, known as
the "A" or "B" schedule, based upon departmental needs. For identification
purposes, the schedules shall be known as follows:
"A" schedule shall have "Payday" Friday off
"B" schedule shall have the "Non -payday" Friday off
Created December 2009
9/80 Employee Example (Schedule A):
MON
TUES
WED
THURS
FRI
Week 0
4 hrs before noon anolies to week prior to Week 1
4 hrs after noon a1212lies to Week 1
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
8 hour Regular Day Off
Week 2
9 hrs
9 hrs
9 hrs
9 hrs
4 hrs before noon) applies to Week 2
4 hours after noon) applies to Week 3
9/80 Employee Example (Schedule B):
MON
TUES
WED
THURS
FRI
Week 1
9 hrs
9 hrs
9 hrs
9 hrs
4 hrs before noon a lies to Week 1
4 hours after noon) a lies to Week 2
Week 2
9 hrs
9 hrs
9 hrs
9 hrs
8 hour Regular Day Off
'RDO's other than Fridays are utilized only by specific positions designated and approved by Department Directors
for purposes of maintaining departmental efficiency.
For staff on a 9/80 work schedule that includes Saturday and/or Sunday, the work period will begin
four hours after the start time of the day of the week which constitutes the employee's alternating
Regular Day Off. The work week shall end exactly 168 hours later.
4. Schedule Changes
Changes to an employee's schedule may only be made when an employee requires a schedule
change to accommodate major life changes (e.g. change in daycare situations, care for seriously ill
relative, death of spouse, adoption of child, etc.). Directors have discretion to temporarily change an
employee's schedule because of business demands, vacation schedules, disciplinary issues, etc.
All such temporary changes initiated by a Director must be for a minimum of two weeks and must
begin at the beginning of a pay period.
5. Notification
Both Human Resources and Payroll must be notified in writing at least 2 weeks in advance on the
form referenced as Attachment A, when an employee begins or ends the 9/80 AWWS. The
beginning notification must include the beginning date of the 9/80 AWWS, the RDO, and the 8-hour
workday. The ending notification must designate the ending date of the 9180 AWWS.
6. 8-Hour Workday
For FLSA covered (non-exempt) employees, changes in the starting time or ending time (flexing the
work shift) on the 8-hour day is not permitted unless specifically authorized to meet departmental
work demands. Since flexing the work shift on the 8-hour workday incurs overtime liability, the
Participant's time card must reflect appropriate hours worked to correspond with the flexing of the
work shift. For example, an employee eligible for overtime cannot report to work one (1) hour late
and work one hour over his/her regularly scheduled shift to make up for the one hour. The
employee must use one (1) hour of available leave, authorized leave, or unauthorized leave without
pay, to cover the one (1) hour absence.
Created December 2009
7. Lunch
The Personnel Policies should be referred to regarding lunch breaks (Section 6.30). However, all
employees on a 9/80 AWWS shall be required to take a minimum of one (1) hour lunch break (with
the exception of Maintenance personnel). An employee may not combine the two (2) 15-minute
breaks with the one (1) hour lunch break (for employees who currently have the 2 breaks and the
half (1) hour lunch break, with the exception of Maintenance personnel) nor can the two (2) 15-
minute breaks be used to leave early or to make up time when the employee arrives to work late.
8. 9180 Timekeeping
Accurate time records must be maintained when administering the 9/80 AWWS. The employee and
supervisor are responsible for accurate time reporting of hours worked and accounting for use of any
and all accrued leave.
8.1 Implementation:
When an employee first begins the 9/80 AWWS, the initial timecard must specify the start
date of the 9/80 AWWS and the RDO in the upper left hand corner (Sample f).
The code "9/80" and the RDO must be annotated in the upper left hand corner on each
subsequent time card (Sample 2).
8.2 Leaves of Absence:
8.2.1 Military leave, long-term W/C injury absences and other approved leaves of absence
of more than two (2) weeks require eight (8) hours or less of the employee's time per
day. Therefore, employees on the 9/80 AWWS will be required to change to a
regular five (5) day 40-hour work schedule during a leave of absence.
The employee's timecard must be annotated "Off 9/80" in the upper left hand corner
of the card with the date the employee is taken off the 9/80 AWWS and the schedule
reverts to a regular 40-hour workweek (8 hours per day; 40 hours per week)
(Sample 3).
Removing employees from the 9180 AWWS because of a leave of absence usually
requires special time keeping; therefore, please contact Payroll for assistance.
8.2.2 Jury duty: The provisions of the City's Personnel Policies shall continue to apply,
however, if an employee is called to serve on jury duty during the employee's normal
day off, Saturday or Sunday, then the jury duty shall be considered the same as
having occurred during the employee's day off from work; therefore, the employee
will receive no added compensation.
8.3 Holidays:
For all holidays, including the floating holiday, the City will pay for the standard eight
(8) hours of work.
8.3.1 On Workday: When a holiday falls on a regular nine (9) hour workday, the
employee must use one (1) hour of personal accrued vacation, compensatory time,
floating holiday, or administrative leave to make up the ninth (9th) hour in order to
receive a full paycheck. Each employee shall designate on his/her timesheet
whether vacation, compensatory time, floating holiday or administrative leave should
be used. The time may not be charged to sick leave. If a person has no leave time,
he/she will be docked one (1) hour of Leave Without Pay (LWOP), which requires
supervisor approval in advance (same as Sample 2).
Created December 2009
8.3.2 On RDO: When a holiday falls on an employee's RDO, the employee will be
required to take an alternate day off within the same week, subject to supervisory
approval, and the employee will be required to use one (1) hour of personal accrued
vacation, compensatory time, floating holiday, or administrative leave hour to make
up for the ninth (9t") hour in order to receive a full paycheck. Each employee shall
designate on his/her timesheet whether vacation, compensatory time, floating holiday
or administrative leave should be used. The time may not be charged to sick leave.
If a person has no leave time, he/she will be docked one (1) hour of Leave Without
Pay (LWOP), which requires supervisor approval in advance (Sample 4).
8.4 Overtime for FLSA Covered Employees:
8.4.1 Supervisory Approval: Overtime worked will be credited to the employee
as compensatory time or paid overtime with supervisor approval (Sample 5).
8.4.2 Overtime at Time and One -Half: Employees eligible to receive overtime
(FLSA covered employees), will continue to receive overtime in accordance with the
MOU or the City's Personnel Policies for all hours in excess of forty (40) hours in a
work week.
8.4.3 Overtime on RDO: An employee may occasionally be required to work
overtime on their RDO. If or when this occurs, the employee will receive payment or
be credited with compensatory time for the number of hours worked. The timecard
must be coded RDO on the specific RDO day and the number of overtime hours
worked must be identified below on that same day (Sample 6).
8.5 Absences:
8.6.1 9-Hour Day Absences: An employee who is absent on a nine (9) hour
workday will be charged with nine (9) hours of paid leave.
8.5.2 LWOP: An employee who is absent on either Authorized or Unauthorized
Leave Without Pay on a nine (9) hour day will be coded as nine (9) hours of either
Authorized or Unauthorized Leave Without Pay.
9. Personal Time Off
To the greatest extent possible, employees should attempt to schedule medical or other personal
appointments on their scheduled regular Friday off (RDO). Also, employees should make all efforts
to avoid taking miscellaneous time off on the "working" Fridays to avoid undue hardship on their
fellow coworkers.
10. Emergencies
All employees on the 9/80 AWWS are subject to be called to work any time to meet any and all
emergencies or unusual conditions which, in the opinion of the City Manager, Department Director or
designee may require such service from any of said employees. This includes staff shortages in a
department. In the case of staff shortages, management will notify the affected employee at least
one (1) week prior to the change of the work schedule.
Policy questions regarding the AINWS may be directed to the Human Resources/Risk Manager at
Extension 7041. Timekeeping questions may be directed to the Senior Account Technician at
Extension 7059.
Created December 2009 - 4
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