CC Resolution 2019-027 Personnel Policy Appointed OfficialsRESOLUTION NO. 2019 – 027
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
PERSONNEL POLICY FOR APPOINTED
OFFICIALS
WHEREAS, pursuant to accepted practices many cities follow, it is in
the best interest of the City to adopt regulations applicable to all persons who
are appointed by the City Council to serve on any boards, commissions, or
committees established by the City (collectively, “Appointed Officials”); and
WHEREAS, this resolution approves a separate manual specific to
Appointed Members; and
WHEREAS, substantively, the regulations applicable to Appointed
Officials are also applicable to City employees pursuant to the City’s Personnel
Policies and Procedures approved by Council on June 18, 2019; and
WHEREAS, all prior resolutions approving personnel policies for
Appointed Officials are hereby superseded by the Appointed Officials Personnel
Policy attached hereto as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
SECTION 1. The City Council hereby adopts regulations that govern
Appointed Officials as set forth in the attached City of La Quinta Appointed
Officials Personnel Policy, as “Exhibit A” incorporated hereto by this reference.
SECTION 2. This resolution supersedes all prior resolutions adopting
personnel policies applicable to Appointed Officials.
SECTION 3. This resolution shall go into effect upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 2nd day of July, 2019, by the following vote:
AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 3 of 14
CITY OF LA QUINTA
APPOINTED OFFICIALS PERSONNEL POLICY
The following regulations are applicable to all persons who are appointed by the City
of La Quinta City Council to serve on any boards, commissions, or committees
estabished by the City of La Quinta (collectively, “Appointed Officials”).
1.0 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI-
BULLYING POLICY
The City prohibits any form of discrimination or harassment on the basis of
membership in one or more protected categories as defined below, and as may be
amended by State and Federal law. The City will NOT tolerate any unlawful
harassment or discrimination. Violation of this Policy may result in censorship or
removal from an appointed office or position.
Protected categories include race, religion, color, sex (including gender, gender
identity, gender expression, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality, and bisexuality), national origin, ancestry,
marital status, age, medical condition, genetic characteristics or information, and
physical or mental disability, or any other category protected by law.
Appointed Officials are prohibited from harassing or discriminating against applicants,
officers, officials, employees, or contractors because of: (1) an individual’s
membership in a protected category; (2) the perception that an individual is a
member of a protected category; or (3) the individual’s association with a person
who is perceived to be a member of a protected category.
Any form of retaliation against a person for filing a complaint or participating in the
complaint resolution process is prohibited. Individuals found to be retaliating in
violation of this policy will be subject to appropriate sanctions.
1.0.1 Definitions
1.0.1.1 Harassment: Unwelcome conduct based on membership in
a protected category that unreasonably interferes with an individual’s
job performance, or creates an intimidating, hostile or offensive work
environment. Behavior that constitutes harassment may include, but is
not limited to:
EXHIBIT A
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 4 of 14
a. Unwanted sexual advances, requests for sexual favors and
other acts where submission is made a term or condition
of employment or appointment, or where submission to or
rejection of the conduct is used as the basis for
employment decisions.
b. Speech, such as epithets, derogatory comments or slurs,
based on a protected category. This might include
inappropriate comments on appearance, including dress or
physical features, or dress consistent with gender
identification, or race-oriented stories and jokes.
c. Physical acts, such as assault, impeding or blocking
movement, offensive touching, or any physical interference
with normal work or movement. This includes pinching,
grabbing, patting, propositioning, or leering.
d. Visual acts, such as displaying derogatory posters or
cartoons, or sending emails, pictures or drawings that are
derogatory or sexually explicit.
1.0.1.2 Discrimination: Treatment or consideration of, or making a
distinction in favor of or against, an individual based on membership in
a protected category. Discrimination in employment applies to all
aspects of employment, including hiring, firing, compensation, transfer,
promotion or layoff, recruitment and testing, training and
apprenticeship programs, fringe benefits, pay, retirement plans, and
disability leave, as well as other terms and conditions of employment or
appointment.
1.0.1.3 Retaliation: Any adverse conduct taken because an
individual has reported harassment or discrimination, or has
participated in the complaint and investigation process described herein.
“Adverse conduct” includes, but is not limited to: taking sides because
an individual has reported harassment or discrimination, shunning and
avoiding an individual who reports harassment or discrimination, real or
implied threats of intimidation to prevent an individual from reporting
harassment or discrimination, or taking negative employment action.
1.0.2 Policy Dissemination
1.0.2.1 All Appointed Officials shall be informed of the City’s
harassment and discrimination policy and complaint process prior to
their need to know, and on a regular biennial basis. Also, said policy and
complaint process shall be readily available to all Appointed Officials,
employees, contractors and members of the general public utilizing the
City’s facilities and services. All Appointed Officials shall receive training
on harassment and discrimination prevention.
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 5 of 14
1.0.2.2 All new Appointed Officials shall be given a copy of the
harassment and discrimination policy and complaint process upon
appointment.
1.0.2.3 Appointed Officials are required to complete training on
their role in preventing harassment and discrimination in the workplace.
Such training shall meet the requirements of AB 1825 and AB 1661, as
those laws may be amended.
1.0.3 Complaint Process
1.0.3.1 An individual who believes they are a victim of harassment
or discrimination may make a complaint verbally or in writing with the
City Manager without fear of reprisal. Where the City Manager is the
alleged harasser, an Appointed Official should bring the matter to the
attention of the City Attorney.
1.0.3.2 Upon receipt of notification of a harassment or
discrimination complaint, the City Manager or designee shall:
a. Authorize and supervise the timely investigation of the
complaint and/or investigate the complaint. The
investigation may include interviews with: (i) the
complainant; (ii) the accused harasser, or the individual
alleged to have committed discriminatory action(s); and
(iii) other persons who have relevant knowledge
concerning the allegations in the complaint.
b. Review the factual information gathered through the
investigation to determine whether the alleged conduct
constitutes harassment, discrimination, or retaliation,
giving consideration to all factual information, the totality
of the circumstances, including the nature of the conduct,
and the context in which the alleged incidents occurred.
c. Report the findings as to whether harassment or
discrimination occurred to appropriate persons, including
the complainant.
d. If the allegations are sustained, recommend or take
appropriate remedial action to ensure that the behavior
does not continue.
1.0.3.3 The person initiating the complaint has the right to be
accompanied by an advocate(s) when discussing alleged incidents, or
participating in investigatory interviews. Said person shall be advised of
this right prior to the commencement of such discussions.
1.0.3.4 The City takes a proactive approach to potential policy
violations and will conduct an investigation if it becomes aware that
harassment, discrimination, or retaliation may be occurring, regardless
of whether the recipient or third party reports a potential violation.
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 6 of 14
1.0.3.5 Individuals also may file complaints about sexual
harassment or other illegal discrimination with the California Fair
Employment and Housing Commission (San Francisco Office:
1390 Market Street, Suite 410, San Francisco, California 94102;
Telephone: 415-557-2325), or with the California Department of Fair
Employment and Housing (San Bernardino Office: 1845 S. Business
Center Drive, #127, San Bernardino, California 92408-3426;
Telephone: 909-383-4711).
1.0.4 Confidentiality
1.0.4.1 Every possible effort will be made to ensure the
confidentiality of complaints made under this policy. Complete
confidentiality cannot be guaranteed, however, due to the need to fully
investigate and the duty to take effective remedial action. As a result,
confidentiality will be maintained to the extent possible.
1.0.4.2 An individual who is interviewed during the course of an
investigation is prohibited from discussing the substance of the
interview, except as otherwise directed by the City Manager or City
Attorney. Any individual who discusses the content of an investigatory
interview may be subject to discipline or other appropriate sanction
permited by law, including but not limited to censorship or removal from
an appointed office or position.
1.0.4.3 The City will not disclose or release a completed
investigation report except as it deems necessary to support a
disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or court order.
1.0.4.4 Anti-Bullying: Every individual has the right to be treated
with respect. Bullying is the use of verbal and/or physical aggression
with the intention of intimidating or harming another individual. It can
include any intentional written, visual, verbal, or physical act, when the
act harms the individual or damages his or her property; has the effect
of interfering with an employee’s ability to work; is severe or pervasive;
and/or creates an intimidating or threatening environment. Bullying
occurs in many forms including, but not limited to, tormenting, taunting,
making abusive comments, using threatening gestures, pushing,
shoving, punching, unwanted physical contact or any use of violence,
graffiti, name-calling, sarcasm, spreading rumors, and/or teasing, etc.
Such conduct can also occur via use of electronic or telephonic
communications, such as the internet, email and chat room misuse,
mobile threats by text messaging or calls, or misuse of cameras and
video equipment.
1.0.4.5 Any individual who believes they have been the subject of
bullying should bring the matter to the attention of the City Manager
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 7 of 14
immediately, and provide a full and accurate report of the underlying
facts. Where the City Manager is the alleged bully, an Appointed Official
should bring the matter to the attention of the City Attorney. In all
cases, individuals are free to report such problems directly to the City
Manager. Upon notification of a bullying complaint, the City Manager or
designee shall promptly conduct an investigation of the complaint and
supervise and/or investigate the complaint and take action as deemed
appropriate.
2.0 WORKPLACE VIOLENCE
2.0.1 The City does not tolerate any act or behavior which can be perceived
as threatening, hostile, and/or violent. No individual shall make any threat,
either physical or verbal, against a city employee or official. Appointed Officials
should immediately report any threats or incidents of violence to the City
Manager. The City Manager or designee shall investigate incidents of violence
or threats of violence.
2.0.2 The Workplace Violence Safety Act, Section 527.8 to the California Code
of Civil Procedure, allows employers to seek temporary restraining orders
(TRO) and injunctions to protect employees who have been the subject of
actual or threatened unlawful violence in the workplace.
3.0 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
These policies were created to ensure compliance with applicable law including,
without limitation, the California Public Records Act (“PRA”); to protect the public
welfare; to regulate Appointed Officials’ electronic communications in the course of
their service; to identify the circumstances when electronic communications must be
preserved; and to support appropriate City business practices.
3.0.1 Definitions as applicable to this policy:
3.0.1.1 “City Accounts and Devices” includes all City owned,
maintained, issued, or controlled communication accounts, email
addresses, devices, cell phones, computers, media, social media,
messengering services, and any other form of communication account
or device.
3.0.1.2 “City Business” is to be given a broad interpretation in
accordance with the PRA. Appointed Officials should consult the City
Clerk’s Office or the City Attorney’s Office if any clarification is needed
regarding whether a record pertains to City Business before deleting the
record.
3.0.1.3 “Private Accounts and Devices” includes all communication
accounts, email addresses, devices, cell phones, computers, media,
social media, messengering services, and any other form of
communication account or device not City owned, maintained, issued,
or controlled.
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 8 of 14
3.0.2 Public Records
In addition to all applicable Federal, State, and local laws and regulations, the
following provisions shall apply to the use of personal accounts, devices, social
media, and all other forms of media by Appointed Officials for communications
regarding matters of City Business:
3.0.2.1 In general, all communications regarding City Business by
Appointed Officials must be done on official City Accounts and Devices,
such as Appointed Officials’ assigned email address. In general, all
communications regarding City Business by Appointed Officials that do
not have assigned City Accounts and Devices must be done via a
professional Business Account and Device.
3.0.2.2 Except in situations that are beyond the control of an
Employee, all communications regarding City Business that are not from
or to an official City Account and Device, or not otherwise exempt from
disclosure under the PRA, need to carbon copy (“CC”) or blind carbon
copy (“BCC”) the City Records email.
3.0.2.3 All communications and records regarding City Business—
even on private accounts and devices—are public records. The owner of
the private account and device containing the public records is the
custodian of those records, and is subject to all laws applicable to
custodians of public records. Possible forms of these public records
include, but are not limited to, emails, text messages, voicemails, call
logs, instant messenger communications, social media posts and
communications, or any other form of communication.
3.0.2.4 Responsibility for maintaining custodianship of public
records on private accounts and devices may be transferred to the
appropriate City employee responsible for the subject area by emailing
the record to the responsible employee, and including a detailed
description of the record in the body of the email. If a particular type of
record cannot be easily forwarded to the responsible employee’s email,
then screen shots adequately capturing the image of the record may be
sent to the responsible employee’s email address; however, in such
circumstances, the images must be clear and complete, and a detailed
explanation of the record and the content of the record must be provided
in the body of the email so that the record can be found in a relevant
search. Failure to comply with these requirements will result in the
individual remaining the custodian of the public record.
3.0.2.5 All public records on private accounts and devices must be
retained unless custodianship has been transferred to the City in
accordance with this Policy and the City’s Records Retention Schedule.
3.0.2.6 Upon leaving office, all Appointed Officials must provide a
declaration in the form required by the City declaring that they have
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 9 of 14
provided the Clerk’s Office with all records regarding City Business under
the PRA within three days from the date of leaving office.
3.0.2.7 Failure to comply with the requirements of this Policy may
result in public censorship or removal from an appointed position.
3.0.2.8 These requirements are State law requirements, and they
survive the Termination of any individual’s appointment or office with
the City.
3.0.2.9 Failure to comply with the custodianship requirements for
public records in accordance with the PRA may result in personal liability,
civil penalties, and criminal prosecution. Destruction of a public record
is a felony pursuant to Government Code section 6200.
3.0.3 Personal Use
3.0.3.1 Although limited and incidental personal use of electronic
communications may be acceptable, City Business accounts and
communication devices remain public property and are to be used for
public purposes. Users may use City Business accounts and devices for
incidental personal use that does not interfere or conflict with City
Business. 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.
3.0.3.2 Prohibited uses of City-provided communication equipment
and software, or personal equipment used on City Business, include, but
are not 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;
h. Unauthorized access to systems, software or data;
i. Creating or propagating viruses;
j. Disrupting services;
k. Intentionally destroying or damaging equipment, software,
or data;
l. Use of non-business software, e.g. entertainment software
or applications;
m. Threats;
n. Harassment or bullying;
o. Defamation;
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 10 of 14
p. Slander; and
q. Access to, or communication of, material or graphic images
which are pornographic, violent, offensive, threatening,
disturbing, obscene or profane.
3.0.3.3 Social networks and related electronic discussion groups
are specialized resources on the internet for sharing information with
other professionals. Appointed Officials are prohibited from publishing
official positions or opinions of the City, or publishing statements which
could be construed as positions or opinions of the City, via the internet,
text or e-mail without prior authorization. All authorized participation in
such forums must include the following disclaimer: “Views expressed by
the author do not necessarily represent those of the City of La Quinta.”
Failure to include the required disclaimer may result in revocation of
access privileges.
4.0 FRAUD IN THE WORKPLACE POLICY
The City 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.
4.0.1 “Fraud” is defined as an intentional deception, misappropriation of
resources or the manipulation of data to gain financial or other benefits. Fraud
and other similar improprieties include, but are not limited to:
a. Claim for reimbursement of expenses that are not made for the
exclusive benefit of the City;
b. Forgery or alteration of documents (checks, promissory notes,
time sheets, independent contractor agreements, purchase
orders, etc.);
c. Misappropriation of City assets (funds, securities, supplies,
furniture, equipment, etc.);
d. Improprieties in the handling or reporting of money
transactions;
e. Authorizing or receiving payment for goods not received or
services not performed;
f. Misrepresentation of information on documents; or
g. Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or misappropriation
of City-owned software.
4.0.2 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 length of service or relationship
with the City.
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 11 of 14
4.0.3 The City Manager or designee, in conjunction with the City Attorney, has
the primary responsibility for the investigation of all Fraud as defined in this
Policy.
4.0.4 Individuals will be granted whistle-blower protection when reporting any
acts of suspected Fraud in accordance with this Policy. When informed of a
suspected impropriety, neither the City nor any person acting on behalf of the
City shall:
a. Take adverse action or threaten adverse action against the
reporting individual;
b. Impose any penalty upon the reporting individual; or
c. Intimidate or coerce the reporting individual.
4.0.5 The City will pursue every reasonable effort, including court-ordered
restitution, to obtain recovery of City losses from the offender, or other
appropriate sources.
5.0 TRAVEL AND EXPENSE POLICY
5.0.1 Responsibility
5.0.1.1 The expenditure of travel and expense funds shall be in
accordance with appropriations in the annual adopted budget for
Appointed Officials.
5.0.1.2 Personal and City travel must not be commingled in such a
manner as to increase allowable expense or otherwise affect adversely
the interest of the City.
5.0.2 Travel Authorization
5.0.1.1 Appointed Official travel requires prior written
authorization by the City Manager. The City Form, “Travel Request
and/or Advance,” shall be used to document authorization, and may be
obtained in the Finance Department.
5.0.1.2 Travel trips of one day or less shall not require a pre-
approved “Travel Request and/or Advance” if no advance is requested,
but the second part of the Form covering conference update reporting
must be completed, if applicable, upon return.
5.0.3 Travel Expenses. Appointed officials may provide their own funding and
file claims for reimbursement, or may apply for an advance of public funds by
utilizing the “Travel Request and/or Advance” Form. All requests for advance
of travel funds are to be submitted through the approving authority to the
Finance Department at least five (5) working days before the intended date of
departure. All advances must be properly accounted for based on actual and
necessary expenses incurred, upon termination of travel for which the advance
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 12 of 14
was made. Advance payments do not constitute approval to spend the entire
amount advanced. Only actual and necessary expenses, as further limited by
the specific provisions of this Policy, will be paid from City funds.
5.0.4. Transportation. Appointed Officials should attempt to travel by the
means most economical to the City, consistent with scheduling needs and
cargo space. In selecting a particular method of transportation, consideration
shall be given for the total cost to the City which will result, including actual
transportation costs. In the event that a more expensive transportation form
is used, the cost borne by the City will be limited to the cost of the most
economical, direct, efficient and reasonable transportation form, unless
otherwise approved. Government and group rates must be used when
available.
5.0.4.1 Air Travel and Automobile Rental
a. Coach Class Air Travel. Reimbursement shall be made for
coach air travel if the cost of such air travel is competitive
with other passenger airlines' coach airfares.
b. Rail Travel. Reimbursement shall be made for coach rail
travel if the cost of such rail travel is competitive with other
coach rail travel fares.
c. Taxi/Ride-hailing Service. Charges for taxi/Uber/Lyft
service are reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances. Portions
of taxi charges that are related to excessive tips (i.e., in
excess of 15%) will not be reimbursed.
d. Shuttle Service. Charges for shuttle service are
reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances.
e. Bus Fare. Charges for bus service are reimbursable if such
transportation is the most economical, practicable and
efficient mode of transportation available under the
circumstances.
f. Vehicle Rental. Charges for vehicle rental are reimbursable
if such transportation is the most economical, practicable
and efficient mode of transportation available under the
circumstances. When determining the type of rental car to
be used, consideration should be given to the economic
standards set forth in this policy and the appropriate use
and stewardship of City funds.
g. Chartered Travel. Use of chartered travel shall be
reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances.
h. Airport parking may be used during travel on official City
Business and is reimbursable with receipts.
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 13 of 14
5.0.5. Lodging. Appointed Official lodging expenses will be reimbursed or paid
when travel associated with training or related activities reasonably requires
an overnight stay. Lodging shall be obtained at the most economical rate
available for safe, clean, convenient, and quality accommodations. If such
lodging is in connection with a conference, lodging expenses must not exceed
the group rate published by the conference sponsor for the meeting in question
if such rates are available at the time of booking. Travelers must request
government rates, when available.
5.0.6 Meals. Meals are allowable at actual costs, including reasonable tips and
room service charges not to exceed $75 per day.
5.0.6.1 Expense claims for meals shall include the following
information:
a. Date expense incurred;
b. Name of the Appointed Official; and
c. Purpose of the meeting.
5.0.6.2 Itemized meal receipts are required.
5.0.7 Other Allowable Expenses. The following expenses shall be permissible,
subject to other provisions of this policy to the extent that they are actual and
necessary:
a. Incidental transportation expenses, such as ferry fares; bridge,
toll road and vehicle parking fees;
b. Telephone, facsimile charges, and business center use for official
City Business; and
c. Reasonable fees and tips paid to waiters, porters, baggage
handlers, bellhops, hotel maids, and other service personnel.
5.0.8 Non-Allowable Expenses. Personal expenses are not allowable, and will
not be reimbursed. These may include, but are not limited to:
a. Fines for traffic violations;
b. Private automobile repairs;
c. Expenses of any persons accompanying the person subject to this
Policy on the trip;
d. Purchase of personal items;
e. Fitness/Health Facilities; and
f. Alcohol.
5.0.9 Settlement of Expenses. Appointed Officials are responsible for the
accurate preparation of their claims, and the responsibility of omission or
commission cannot be shifted to another individual. A “Travel Expense Report”
(obtainable in the Finance Department) substantiated by receipts which verify
the claimed expenditures as being an actual expense, must be submitted to
Resolution No. 2019 – 027
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted: July 2, 2019
Page 14 of 14
the City Manager within ten (10) days of the expense being incurred, or the
end of the trip, whichever is later. Inability to provide such documentation in
a timely fashion may result in the expense being borne by the Appointed
Official. All expenses are subject to verification that they comply with this
Policy.
Pursuant to state law, Travel Expense Reports are public records.