CC Resolution 1997-067^^PY RESOLUTION NO. 97-67
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
ESTABLISHING PERSONNEL POLICIES
PURSUANT TO MUNICIPAL CODE SECTION
2.08.060 B)
WHEREAS, the City Council is authorized and directed under the provisions of
Municipal Code Section 2.08.060 B) to adopt rules for the administration of the
personnel system created in said ordinance; and
WHEREAS, City Management has met and conferred with the La Quinta
Employee's Association LQCEA) on the changes to the Personnel Policy.
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management
in the municipal government; and
WHEREAS, these policies set forth, in detail, those procedures which insure
similar treatment for those who compete for original employment and promotion, and
define many of the obligations, rights, privileges and prohibitions which are placed
upon all employees in the competitive service of the City; and
WHEREAS, at the same time, within the limits of administrative feasibility,
latitude shall be given the City Manager and the Employee Relations Officer in the
interpretation of these policies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La
Quinta, California, does hereby adopt the Personnel Policies as set forth in Exhibit A
attached hereto and incorporated herein by reference.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this 5th day of August, 1 997 by the following vote, to wit:
AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tem Perkins
NOES: None
ABSENT: Mayor Holt
ABSTAIN: None
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^^PYRESOLUTION NO.9751
Pa*e 2
* *
RON PERKINS, Mayor Pro Tern
City of La Quinta, California
ATTEST:
AUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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^^PY SECTION 1: GENERAL PROVISIONS......................................5
1.05 PURPOSE.................................................5
1.10 APPLIC*ON AND EXCEPTIONS................................5
1.15 VALIDITY OF POLICY SEVERABILITY).......................6
1.20 VIOLATION OF POLICY.....................................6
1.25 DEFIN*ON OF TERMS.......................................6
1.30 NO CONTRACT OF EMPLOYMENT CREATED.....................11
1.35 ADMINIS*ON OF THE PERSONNEL SYSTEM....................11
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER
GREAT*ES...............................................12
1.45 OUTSIDE EMPLOYMENT....................................13
1.50 PO*CAL A*VrnES:.......................................14
1.55 SAFETYANDHEALTh.......................................14
1.60 SEAT BELT POLICY......................................14
1.65 DRUG AND ALCOHOL FREE WORKPLACE.......................14
1.70 DRUG AND ALCOHOL FREE WORKPLACE PROHIBITED CONDUCT. 16
1.75 DOT ALCOHOL AND DRUG ABUSE............................17
1.80 EQUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT.........25
1.85 WORKPLACE VIOLENCE....................................27
1.90 SMOKING POLICY........................................28
1.95 DRESS CODE............................................28
SECTION 2: CLASSIFICATION AND SALARY PLAN........................28
2.05 PREP*ON AND AMENDMENT OF CLASSIFIC*ON PLAN............28
2.10 ALLOCATED POSmONS.....................................
2.15 NEWPOS*ONS............................................29
2.20 CLASSIFIC*ON SPECIFIC*ONS.............................29
2.25 PREP*ON AND ADOPTION OF SALARY PLAN...................29
2.30 APPROPRIATE SALARY STEP...............................29
2.35 BENEFIT PLAN..........................................29
SECTION 3: TYPES OF APPOINTMENTS.................................29
3.05 TYPES OF APPOINTMENTS.................................29
3.10 PROB*ONARYAPPOINTMENTS................................29
3.15 FULL *ME APPOINTMENT..................................30
3.20 EMERGENCYAPPOINTMENTS.................................30
3.25 INTERIMAPPOINTMENTS...................................30
3.30 WORKING OUT OF CLASS"................................31
3.35 TAANSFER..............................................32
3.40 PROM*ON...............................................33
3.45 DEM*ON................................................33
3.50 RECLASSIFIC*ON........................................34
3.55 LAYOFFSlREDU*ON-IN-FORCEIRECALL:......................35
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^^PY SECTION 4: RECRUITMENT AND SELECTION.........................37
4.05 EQUAL EMPLOYMENT OOALS AND POLICIES....................37
4.10 PERSONNEL REQUESTS.....................................38
4.15 JOB ANNOUNCEMENTS......................................38
4.20 PERSONNEL APPLIC*ONS...................................38
4.25 DISQUALIFIC*ON OF APPUC*ONS............................39
4.30 RECRUITMENT............................................39
4.35 EVALU*ON OF APPUC*ONS..................................40
4.40 CANDIDATES' EXAMIN*ON INSPE*ON.........................41
4.45 NEP*SM POLICY..........................................41
4.50 DRIVING SAFETY CHECK...................................41
4.55 ELIGIBILITY LISTS......................................44
4.60 FINAL DECISIONS OF SELE*ON.............................44
4.65 PRE-EMPLOYMENT PHYSICAL................................44
4.70 EMPLOYMENT ELIGIBILITY VERIFIC*ON......................44
4.75 PROB*ONARY PERIOD......................................45
4.80 CRIMINAL CONDUCT INELIGIBILITY FOR EMPLOYNNNT........45
4.85 RESIGN*ON..............................................45
SECTION 5: COMPENSATION AND EVALU*ON.............................45
5.05 SALARY AT APPOINTMENT..................................45
5.10 EMPLOYEE PERFORMANCE EVALU*ON..........................46
5.15 PROGRESSION ON MERIT STEPS.............................47
5.20 SALARY ANNIVERSARY DATE................................47
5.25 BILINGUAL COMPENS*ON...................................48
SE*ON 6: ATTENDANCE AND HOURS OF WORK............................48
6.05 WORKWEEK AND OVE*ME....................................48
6.10 NOGUAAANTEEOFHOURS.....................................49
6.15 STAND-BY AND CALL-BACK POLICY..........................49
6.20 TIME SHEETS............................................49
6.25 ABANDONMENT OF EMPLOYMl*...............................49
6.30 LUNCH AND BREAK POLICY.................................50
SECTION 7: LEAVES................................................50
7.05 3URY DUTY AND WITNESS LEAVE............................50
7.10 PREGNANCYDISABILITYLEAVE...............................51
7.15 MILITARY LEAVE.........................................52
7.20 LEAVE OF ABSENCE WIThOUT PAY...........................53
7.25 FAMILY AND MEDICAL LEAVE...............................54
7.30 ON-THE-JOB-INJURIES AND WORKERS' COMPENS*ON COVERAGE
60
7.35 DISABILITY LEAVE.......................................62
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^^PY SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES........................63
8.05 GROUNDS FOR DISCIPLINARY A*ON.............................63
SECTION 9: DISCIPLINARY ACTIONS.......................................65
9.05 DEFINITION OF DISCIPLINARY A*ON...........................65
9.10 INFORAIAL DISCUSSION......................................66
9.15 FORMALWARNING.............................................66
9.20 WRITTEN REPRIMA**D........................................66
9.25 DISCIPLINARY SUSPENSION...................................66
9.30 REDU*ON IN PAY............................................66
9.35 DEMOTION..................................................67
9.40 DISCHARGE.................................................67
9.45 DOCUMENTATION OF DISCIPLINARY A*ON........................67
SECTION 10: DISCIPLINARY PROCEDURES...................................67
10.05 ADMINIS*VE RE-ASSIGNMENT WITh PAY.........................67
10.10 DISCIPLINARY A*ON SUBJECT TO SKELLY PROCEDURE.............67
10.15 APPEAL OF DEPARThIENT DIRECTOR'S DECISION.................69
10.20 AMENDED N*CE OF DISCIPLINARY A*ON.........................69
SECTION 11: APPEAL HEARING PROCESS....................................69
11.05 HEARING OFFICER...........................................69
11.10 REQUESTFORAPPEAL..........................................70
11.15 ANSWER....................................................70
11.20 TIMEFORHEARING............................................70
11.25 N*CEOFHEARING.............................................70
11.30 PRE-HEARINGMEETING........................................71
11.35 WITNESS LIST AND SUBPOENAS................................71
11.40 NATURE OF HEARING.........................................71
11.45 EXCLUSION OF WI'TNESSE 5 33333.3333......................72
11.50 PROPOSED FINDINGS OF FACT.................................72
11.55 OFFICIAL/3UDICIAL N*CE....................................72
11.60 ORDER OF PROOF AT HEARING.................................72
11.65 FINDINGS OF FACT AND RECOMMEND*ONS TO THE EMPLOYEE
REL*ONS OFFICER...........................................72
11.70 DISPOS*ON OF APPEAL.......................................72
11.75 BURDEN OF PROOF...........................................72
11.80 WITHDRAWAL OF AN APPEAL...................................72
SE*ON 12: GRIEVANCES..................................................73
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES...................73
12.10 MATTERS NOT SUi**CT TO GRIEVANCE PROCEDURES...............73
12.15 FREEDOM FROM REPRISAL.....................................74
12.20 RESOL*ON..................................................74
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^^PY 12.25 WIThDRAWAL...........................................74
12.30 RE-SUBMISSION........................................74
12.35 EMPLOYEE REPRESENT*ON................................74
12.40 OBEY NOW-GRIEVE LAThR................................74
12.45 IN**ON OF GRIEVANCE PROCEDURE........................74
12.50 INFORMAL GRIEVANCE PROCEDURE.........................75
12.55 FORMAL GRIEVANCE PROCEDURE...........................75
12.60 *ME LIMITS...........................................76
SECTION 13: EMPLOYEE RECORDS AND FILES..........................76
13.05 PERSONNEL FILES......................................76
13.10 DOCUMENTS IN PERSONNEL FILES.........................77
13.15 DISCLOSURE OF INFO*ON................................77
13.20 CHANGES-IN-STATUS....................................77
13.25 APPLIC*ON RE*ON......................................78
13.30 DESTRU*ON OF PERSONNEL RECORDS.......................78
SECTION 14: EMPLOYEE BENEFIT PLAN...............................78
14.05 HEALTH BENEFITS......................................78
14.10 HOLIDAYS.............................................78
14.15 VAC*ON LEAVE.........................................79
14.20 SICK LEAVE...........................................81
14.25 BEREAVEMENT LEAVE....................................82
14.30 ADMINISTRATIVE LEAVE.................................83
14.35 OVERTIME COMPENS*ON..................................84
SECTION 15: TRAINING............................................85
15.05 TRAINING.............................................85
15.10 IN-HOUSETRAINING.....................................85
15.15 DEPAR*MENTTIIAINING..................................85
15.20 SEMINARS AND CONFERENCES.............................85
15.25 *ON REIMBURSEMNNT....................................86
15.30 TRAINING AND TRAVEL REIMBURSEMENT....................86
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^^PY July 1, 1997
SECTION 1: GENERAL PROVISIONS
I p5 PURPOSE: The purpose of these Policies and Procedures is to establish systematic and uniform
procedures for handling personnel matters.
1.10 APPLIC*ON AND EXCE*ON9:
1.10.1 These Policies shall apply to all offices, positions, and employments in the service of the
City, as defined in Section 1.25 of these Policies, with the exception of the following:
A. Members of the City Council and other elected officials.
B. Members of commissions and advisory bodies appointed by the City Council or City
Manager.
C. Direct appointees of the City Council, including the City Manager, City Attorney,
and City Clerk. A regular employee who also holds the position of City Treasurer
shall not he excluded from the Policies, unless the employee has entered into an
employment agreement pursuant to sub-section F" herein.
D. Volunteer personnel who provide services to the City without receiving
compensation although such persons may receive reimbursement for actual expenses
incurred in the service of the City).
E. Outside and independent cont:ractors, engaged to provide expert, professional,
technical or other services.
F. Regular employees who have entered into a written employment agreement with the
City, unless otherwise specified in the employment agreement.
1.10.2 These Policies, with the exception of Sections 8 through 12 inclusive, shall apply to the
following employees, who serve at the pleasure of their respective appointing authorities and are
considered at will" employees:
A. Emergency employees, such as those lered to meet inimediate needs of an emergency
condition i.e. fire, flood, or earthquake) which threatens life or property.
B. Employees who are considered temporary or seasonal.
C. Other non*career empldyees who are not specifically mentioned in Section 1.10.1 of
these Personnel Policies.
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^^PY D. Probationary Employees.
1.15 VALIDITY OF Policies SEVERABILITY): If any section, subsection, sentence, clause,
phaase or portion of these Policies is for any reason held to be invalid or unconstitutional by the final
decision of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of these Policies. The City Council of La Quinta hereby declares that it would
have adopted these Policies and each section, subsection, sentence, clause, phssse, or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phaases or
portions may be declared invalid or unconstitutional.
1.20 VIOL*ON OF Policie*: Violation of these Policies may be grounds of discharge or other
disciplinary action, subject to the applicable appeals prccedure provided herein.
1.25 DEF*ON OF TERMS: All words and terms used in these Policies and in any ordinance or
any resolution dealing with Personnel Policies and Regulations shall be defined as they are normally
and generally defined in the field of personnel administration. For the purpose of convenience, the
following words and terms most commonly used are defined.
1.25.1 Appointing Authority: The Employee Relations Officer or designee who, in his or her
official capacity, has the final authority to appoint a person to a position of employment.
1.25.2 Appointment: The designation of a person to fill a position of employment.
1.25.3 At-Will Employee: A temporary, probationary or contract employee who has a written
contract speci*ing the duties and terms of employment without a definite ending date. At-will
employees are not governed by the terms and conditions of Sections 8-12 of these Policies, unless
specifically provided herein.
1.25.4 Call Back: When an employee is off-duty and is called back to work.
1.25.5 City: The City of La Quinta.
1.25.6 City Manager: The City's Chief Executive Officer.
1.25.7 Clasaiflcadon: A grouping ofjob positions with the same or similar title, salary range, and
benefit package.
1.25.8 Classificadon Plan: A listing of job duties and responsibilities of City positions, as
recommended by the Employee Relations Officer and adopted by the City Council.
1.25.9 Compensatoiy Time: Time accrued at time and a half or taken off from work with pay, in
lieu of paid overtime compensation.
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^^PY 1.25.10 Competitive Service: The employment system whereby City Employees are hired and
promoted through a competitive process based upon objective standards of merit to assure fair
consideration all aspects of employment/promoti on.
1.25.11 Confidential Employee: An employee performing the duties of a position which is
designated as confidential by the City Council or designee.
1.25.12 Contractual Employee: An employee hired and paid pursuant to the terms and conditions
of a specified written confract 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.
1.25.16 Disciplinary Action: The discharge, demotion, reduction of pay, suspension, placing on
probation, or the issuance of a written reprimand or formal waning or any other action for punitive,
corrective or disciplinary reasons.
1.25.17 Disciplinary Su.pension: 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.
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^^PY1.25.23 Employee Relations Officer: City Manager, or any individual designated by the City
Manager, to administer the City's personnel system which includes the duties of equal employment
opportunity officer.
1.25.24 Executive Management: Department Directors and those who quali* for executive
exemption under FLSA.
1.25.25 Fair Labor Standards Act FLSA): The Federal Law which guarantees employees certain
minimum wages and time and one-half overtlme standards.
1.25.26 F*cal Year: A twelve 12) month period from July 1 to June30 in which the City plans,
budgets, appropriates, and expends its funds.
1.25.27 Full-time Employee: An employee who is regularly scheduled and expected to work forty
40) hours or more during a workweek.
1.25.28 General Non-Exempt Employee: An employee who is not exempt from the pay and
overtime provisions of FL SA.
1.25.29 Grade: A number assigned to a position tide which indicates the salary range for that
position.
1.25.30 Grievance: Ajob-related complaint by an employee regarding the terms and conditions of
employment which arise out of a specific fact' situation, or transaction, other than discipline, that
results in an alleged violation of existing ordinances, rules, regulations or policies administered by
the employee's Department Director conceriiing wages, hours, other terms and conditions of
employment.
1.25.31 Hearing Officer: An outside, independent person qualified to conduct an appeal hearing
on Personnel-related matters, excluding grievances.
1.25.32 In-House Com*tive Examination: A type of examination open only to City employees
meeting the minimum qualifications for a particular classification.
1.25.33 Interim Employee: An employee who is appointed to a regular classification on an acting
or ternporary basis pending completion of the recruitment process, issuance of an eligibility list, and
filling the classification.
1.25.34 Job Audit: A systematic analysis of the duties performed by an employee to determine
whether the duties are appropriate for the classification.
1.25.35 Leave of Absence Without Pay: A period of time during which an employee may take time
off without receiving compensation or benefits, unless otherwise stated in these Policies.
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^^PY 1.25.36 Merit Salary Increase: The increase of an employee'ssalary within the salary range
established for the classification the employee occupies, resulting from satisfactory job performance,
which is based on performance or merit.
1.25.37 Misconduct: Any act or unsatisfactory conduct or job performance which may be subject
to disciplinary action.
1.25.38 Open Competitive Examination: A type of examination open to all persons meeting the
minimum qualifications for a particular position.
1.25.39 Overtime: The time which an employee is required or permitted to work beyond the
number of hours prescribed for a flill-time employee in that classification in excess of forty 40) in
one work week. Overtime compensation, taken as paid time or as compensatory time, shall be
authorized as provided in Section 6.05.
1.25.40 Part-time Employee: The City has two 2) types of part-time employees: regular part-time
and seasonal or temporary.
A. Regular Part-Time Employee: An employee who works a minimum of twenty 20)
and less than forty 40) scheduled hours per week on a permanent basis.
B. Temporary or Seasonal Employee: An employee, other than a contract employee
whose position has specified beginning and ending dates of employment.
1.25.41 Permanent Disability: A medical disability which will indefinitely prevent the employee
from performing the employee's job duties without creating unreasonable endangerment to health
and safety or inefficiency of the employee or others.
1.25.42 Personnel Ordinance: Chapter 2.08.060 of the City's Municipal Code, authorizing the
establishment of a personnel system for the City.
1.25.43 Position: A specific job assigned to ajob classification.
1.25.44 Probationary Employee: An employee who is serving a probationary period for the
position and/or class in which the employee is currently employed. A probationary employee is
subject to dismissal without recourse to any appeal procedures and without a showing of cause. A
probationary employee has no property interest in continuing employment.
* 25.45 Probationary Period: A working test period of twelve 12) months. To be considered an
integral part of the examination process during which an employee is required to demonstrate fitness
for the position to which the employee is appointed by actual performance of the duties of the
position.
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^^PY1.25.46 ProfessionallAdministrativelManagement Employee: An employee who qualifies for the
executive Pro fessional/Admini strative/Management) exemption under FL SA.
1.25.47 Promotion: The advancement of an employee from one classification to another
classification having a higher salary range.
1.25.48 Reclassification: The reassignment from one classification title or grade to a different
classification title or grade in accordance with a re*valuation of the minimum qualifications, duties,
and responsibilities of the position in question.
1.25.49 Reduction-In-Force RIF): A layoff in the work force.
1.25.50 Regular Employee: A flill or part-time employee hired for an indefinite term into a
allocated position, who has successfully completed the employee's probationary period, and has been
retained as provided in these Policies.
1.25.51 Relative or immediate family member"): A spouse, child, step*child, legal guardian,
parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew,
first cousin, parent-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any other
person or individual related by blood or marriage.
1.25.52 Resignation: The voluntary separation by an employee from City employment, or
abandonment of the job by employee.
1.25.53 Policies: These Personnel Policies, as they may be amended from time to time.
1.25.54 Salary Plan: An annual listing of the minimum through maximum salary grades of pay for
all defined City classifications, as prepared by the Employee Relations Officer and adopted by the
City Council.
1.25.55 Salary Range: The range of pay an employee can earn while employed in a particular
classification.
1.25.56 Seniority: The length of an employee's continuous service with the City.
1.25.57 Skefly Rights: The right of due process including: 1) notice of the proposed disciplinary
action, 2) a copy of materials on which the proposed action is based, and 3) an opportunity to
respond orally or in writing to an impartial reviewer prior to discipline being imposed.
1.25.58 Staffing Plan: The classification titles, salary grades and number of allocated positions in
a department or division for a designated fiscal year, as determined by the Employee Relations
Officer and adopted by City Council in the annual budget document.
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^^P
Y 1.25.59 Stand-By Assignment: Employees occupying a position designated as being scheduled to
be subject to being called back to work.
1.25.60 Standards of Conduct: Those Policies which are intended to govern the actions of City
employees during their course of employment with the City with respect to the employee's conduct
and job performance.
1.25.61 Step: The various increments of a salary range, from minimum to maximum, authorized
for the subject classification.
1*25.62 Supervisor: An employee assigned responsibility for evaluation of permanently assigned
employees and for organizing, assigning and reviewing their work.
1.25.63 Termination: The separation of an employee from City service because of retirement,
resignation, permanent disability, death or dismissal.
1.25.64 Transfer: The change of an employee from one department or division to another
department or division without changing the employee's salary grade and usually within the same
classification.
1.25.65 Weapons: Firearms of any type; Knives with folding blades in excess of3Y2 inches; Sheath
knifes; Any knifes prohibited by State Law; Personal defense chemical weapons a) mace tear gas)
b) oleoresin capsicum pepper spray); Any martial arts weapons; Electric stun guns tasers); clubs,
bats or other impact weapon.
1.25.66 Workweek: A regularly reoccurring period of seven 7) consecutive twenty-four 24) hour
days beginning at 12:01 *m. on Monday and concluding at 12:00 p.m. Midnight) the following
Sunday night. This shall not be construed to constitute a guarantee of hours of work per day or per
work week or of days of work per work week.
1.25.67 Y-rate of Pay: The Y-rate of pay shall exist when an employee's salary is frozen at the then
current step until such time as the commencing salary at the Y-rate, taken together with subsequent
general salary increases, equals or exceeds the employee's salary at the Y-rate. The employee will
not receive merit increases. However, benefits and salary range will be adjusted annually in
accordance with City's pay and benefit plan. This may occur in situations where an employee is
reclassified, voluntarily demoted, or as otherwise stated in these Policies.
1.30 NO CO?*'TACT OF EMPLOYMENT CRFAT*fl: These Policies do not create any contract
of employment, express or implied, or any rights in the nature of a contract.
135 ADMINIS**ON OF THE PERSONNEL SYSTEM: The Employee Relations Officer shall
administer the City personnel system and may delegate any of the powers and duties related thereto
to any other officer or employee of the City or may recommend that such powers and duties be
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^^PYperformed under contract. The Employee Relations Officer shall:
1 *35. 1 Act as the appointing authority for all City employees except those officers and employees
directly appointed by the City Council.
1.35.2 Administer all of the provisions of these Personnel Policies except as specifically reserved
to the City Council.
1.35.3 Prepare and recommend to the City Council any appropriate Personnel Policies and revisions
to such Policies.
1.35.4 Prepare or cause to be prepared, and revise as appropriate, a position classification schedule,
including class specifications.
1.35.5 Have the authority to discharge and discipline City employees in accordance with these
Personnel Policies.
1.35.6 Provide for the publishing or postmg of notices of examinations for position in the
competitive service; the discretion to waive certain job stated qualifications for good cause when it
is in the best interests of the City; the authority to receive applications therefore; the authority to
conduct and grade examinations; the authority to establish a list of all persons eligible for
appointment to the appropriate position in the competitive service; and the performance of any other
duty which may be desirable or required for the effective implementation of these Policies.
1.40 CONFLICTS OF INTEREST AND ACCEPTANCE OF GIFTS AND OTHER GRATUITIES*:
Employees shall not take part in, or attempt in any manner to influence the consideration of any
application, proceeding or other matter involving their own personal property, real estate, investment
or other interest, or that of any relative or close personal acquaintance. In all such situations, the
employee must disclose the nature of the relationship to his or her immediate supervisor and request
to be relieved of any responsibility or involvement in such manner.
Employees shall not directly or indirectly solicit any gift or receive any gift whether in the form of
money, services, loan, travel, entertainment, hospitality, promise, or any other form under
circumstances which it could reasonably be inferred the gift was intended to influence then or could
be expected to influence them in the performance of their official duties, or was intended as a reward
for any official action on their part
Gifts that will be shared with office staff; such as boxes of candy, flowers and food, mi** be viewed
as exceptions provided they are of mini* value and do not exceed limits imposed by law for gifts
to public employees. All financial disclosure laws and regulations must be complied with.
If an employee receives any gift as specified above, they shall be rejected firmly but as tactfully as
possible so the good intentions of the giver are properly acknowledged.
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^^PY 1.45 OUTSIDE EMPLOYMENT An employee shall not engage in any employment, enterprise,
or outside activity which is in conflict with his duties, functions, responsibilities, or the department
by which he or she is employed, nor shall the employee engage in any compensatory outside activity
which will directly, or indirectly', contribute to the lessening of his or her effectiveness as an
employee.
Authorization
a Any employee wishing to engage m an occupation or outside activity for compensation shall
inform the Department Director of such desire, providing information as to the time required
and the nature of such activity, and such other information as may be required; and the
Department Director shall determine whether or not such activity is compatible with the
employee's City employment.
b. If the Department Director determines such activity is compatible, he or she may authorize
the activity in writing using the Outside Employment Form" and shall send a copy to the
Employee Relations Officer or designee.
c. Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determiriation as to the consistency or inconsistency of outside activities, the Department
Director shall consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of City time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or influence of one's City office or employment;
b. Involves receipt or acceptance by an employee of any money or other consideration from
anyone other than the City for the performance of an act which the employee, if not
performing such act, would be required or expected to render in the regular course of his or
her City employment or as part of his or her duties as a City employee;
c. Involves the performance of an act in other than his or her capacity as a City employee,
which act may later be subject directly or indirectly to the control, inspection, review, audit,
or enforcement by such employee or the department by which be or she is employed.
d. Involves conditions or factors which would probably, directly or indirectly lessen the
* efficiency of the employee in his or her regular City employment or conditions in which there
is a substantial danger of injury or illness to the employee.
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^^PYUse of City Equipment Prohibited
a. No City*wned equipment, autos, trucks, instruments, tools, supplies, machines, or any other
item which is the property of the City Shall be used by an employee while said employee is
engaged in any outside employment or activity for compensation, or otherwise, except upon
prior written approval of the Employee Relations Officer.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of the items
mentioned in a) above, except upon prior written approval of the Employee Relations
Officer.
Violations and Penalties
a. Any violation of the provisions herein contained respecting outside employment or activity
and use of City property shall constitute sufficient grounds for disciplinary action, up to and
including dismissal.
1.50 POL*CAL ACTWITIE*: No employee shall engage in political activity during working
hours excluding break time) or on City premises where such activity would disrupt the workplace.
No employee shall engage in any type of activity relating to an employee organization during such
time an employee is on duty, except as expressly permitted by the City Manager, Federal or State
law, Memorandum of Understanding, or City Council directive.
1.55 SAFETY AND HEALTh: Each employee shall comply with all applicable safety laws,
Policies, and regulations. All employees shall follow safety practices, use personal protective
equipment as required and provided by the City, render every possible aid to safe operations, and
report to the supervisor, depaitment director or safety comrnittee all unsafe conditions or practices.
Employees with questions about safety meth9ds or practices, should check with their supervisor.
1.60 SEAThELT P()LTC*: Employees must wear seat belts at all times when in a City vehicle or
in their personal vehicle on City business.
1.65 DRUG AND ALCOHOL FREE WORKPLACE: It is the intent of the City of La Quinta to
maintain a workplace that is ftee of drugs and alcohol and to discourage drug and alcohol abuse by
its employees. The City has a vital interest in maintaining safe and efficient working conditions for
its employees. Substance abuse is incompatible with health, safety, efficiency and service to the
public. Employees who are under the influence of a drug or alcohol on the job compromise the
City's interests, endanger their own health and safety and the health and safety of others, and can
cause a number of other work-related problems, including absenteeism and tardiness, substandard
job performance, increased workloads for c*workers, behavior that disrupts other employees, delays
in the completion ofjobs, and disruption of service to the public.
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^^PYWhile on paid duty time or on City property, including in City vehicles or while operating City
equipment, employees shall not consume or possess alcoholic beverages or consume or possess
controlled substances. Employees shall not work or be at work while under the influence of any
controlled substance as defined herein), without written authorization from a qualified physician
and the employee's Supervisor.
The unlawftil manufacture, distribution, dispensing, possession, or consumption of any controlled
substance is prohibited on the job, in the City's workplace; or while subject to duty i.e. standby).
For the purposes of this Section, the following shall be defined as..
A. Abuse of any legal dnLg" means the use of any legal drug, including prescription drugs, a)
for any purpose other than the purpose for which it was prescribed or manufactured; or b)
in a quantity, frequency or manner that is contrary to the instructions or recommendations
of the prescribing physician or manufacturer.
B. Cont:r6lled substance" denotes any substance which could potentially impair the employee's
ability to effectively and safely perform the functions of his*er duties, including, but not
limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates, amphetamines,
methunphetanune, lysergic acid *.S.D.), etc. As outlined below, certain prescription drugs
and medications shall also be classified as controlled substances.
C. Conviction" is a finding of guilt including a plea of no contest), an imposition of sentence,
or both, by any judicial body charged with the responsibility to determine violations of the
Federal or State criminal drug statutes.
D. Reasonable suspicion" includes a suspicion that is based on specific personal observations
such as an employee's manner, disposition, muscular movement, appearance, behavior,
speech or breath odor; inforaation obtained from a reliable person with personal knowledge;
an accident involving City property, where it appears the employee's conduct is at fault;
physical altercation, verbal altercation, or unusual behavior.
Reasonable suspicion may also be based on an employee's possession of drugs, alcohol or
paraphernalia in the work place or on City property.
The use of prescription drugs which would not alter an employee's work performance is acceptable,
if prescribed in writing, by a qualified physician. Employees must notify their Supervisor before
beginning work when taking drugs *rescription or non-prescription) which may interfere with the
safe and effective performance of their duties. In the event there is a question regarding an
employee's ability to perform assigned duties safely and effectively while using such drugs, a written
clearance from a qualified physician shall be required before the employee is allowed to resume the
employee's regular duties.
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^^PYToward reaching this goal of a drug and alcohol free workplace, the City may conduct pre-
employment drug or alcohol testing of applicants for City positions that require more than incidental
driving or performance of other safety sensitive functions as part of their regular duties, as defined
in the approved job descriptions. Pre*mploymert drug or alcohol tests shall apply only to non-City
employees; City employees who apply for another City position shall not be subject to pre-
employment drug or alcohol tests. Any applicant who tests positive, as outlined in the Drug Free
Workplace Administrative Policies, Section 5, shall be disqualified from consideration for
employment for a period of six 6) months.
The City also reserves the right to require that an existing employee undergo testing if the City
determines that reasonable suspicion exists to believe that the employee is under the influence of any
illegal drug or controlled substance, as defined in this Section. Reasonable suspicion shall, whenever
possible, *evaluated based on personal observations by the Department Director or a Supervisor
who is familiar with the employee's normal behavior. Information which is obtained from a reliable
person with personal knowledge of the employee may also be utilized in appropriate circumstances.
In the event that an employee suspects that the employee's supervisor is under the influence of drugs
or alcohol, the employee may submit a written or oral complaint which contains detailed information
regarding the allegation of alcohol or substance abuse to the supervisor's superior.
Employees who 1) refuse to submit to a drug or alcohol test immediately when requested by
authorized City or law enforcement personnel; 2) reflise to submit to a search of personal properties
if requested by law enforcement personnel; or 3) are convicted" of a criminal drug statue"
violation, shall be subject to the disciplinary procedures which are outlined in these Policies.
All City lockers, desks, cabinets, vehicles, computer files, and computer diskettes are the property
of the City and are subject to search without the employee's consent by City management at any time
with or without notice. Refusal to cooperate with a search may result in a disciplinary action, up to
and including termination. Unless the Supervisors are directed otherwise by the Employee Relations
Officer, employees will be given the opportunity to be present when the search is conducted.
If an employee voluntarily wishes to participate in a drug or alcohol rehabilitation program, and has
not been found to have violated the City's Policies concerning drugs or alcohol, the City shall make
every reasonable effort to assist in placing an employee with an available employee assistance
program or service for purposes of rehabilitation, in-lieu of disciplinary action or criminal
prosecution. If, in such cases, the employee refuses to attend and complete an employee assistance
program or service, the employee will be subject to the disciplinary procedures which are outlined
in these Policies.
1.70 DRUG AND ALCOHOL FREE WORKPLACE PROHIBITED CONDUCT*:
In addition to prohibited acts already provided for, the following acts are prohibited and subject an
employee to discipline in accordance with these Policies and procedures:
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^^PY a) The use or possession of alcohol or impairing drugs, including illegal drugs and drugs
without a prescription during working hours or while subject to duty, on breaks, during meal
periods or at any time while on City property;
b) Reporting to work or being subject to duty while his or her ability to perform job duties is
impaired due to on- or off-duty alcohol or drug use; or
c) Directly or through a third party sell or provide drugs or alcohol to any person, including any
employee, while either or both employees are subject to being called to duty.
1.75 DEPARTMENT OF TRANSPORT*ON ALCOHOL AND DRUG ABUSE:
1.75.1 * This policy establishes guidelines in compliance with the Federal Omnibus
Transportation Employee Testing Act of 1991 Omnibus Act), the Department of Transportation
Federal Highway Administration FHWA) Regulations of 1994(49 C.F.Ii parts4O and 382 et al.),
and Section 34520(a) of the California Vehicle Code. Each of these measures requires that regular
drug and alcohol testing be performed on employees in safety-sensitive positions who operate
specified commercial vehicles.
The City of La Quinta's objectives in establishing this policy are to:
A. protect the safety of the public at large;
B. ensure the highest quality of public service possible;
C. provide a safe working environment for City employees;
D. promote efficiency and productivity; and
E. encourage employees who are concerned about their drug and/or alcohol use to voluntarily
seek assistance.
1.75.2 Policy
A. * Effective January 1, 1996, the Department of Transportation drug and
alcohol testing rules apply to City employees who operate the following:
1. a vehicle with gross combination weight of at least 26,001 pounds, inclusive of a towed unit
with a gross vehicle weight rating GVWR) of more than 10,000 pounds;
2. a vehicle of over 26,001 GVWR;
3. a vehicle placarded under Department of Transportation hazardous material regulations; and
Department of Transportation hazardous material regulations; and
4. a vehicle designed to transport 16 or more passengers, including the driver.
B. Safety-Sensitive Functions: OnAuty" time for safety-sensitive functions commences at the
time covered employees begin to work or are required to be in readiness for work until the time they
are relieved of work responsibilities. On-duty" time includes the following safety-sensitive
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^^PY functions::
1. driving the vehicle;
2. performing maintenance on the vehicle;
3. inspecting the vehicle;
4 loading or unloading the vehicle;
5 supervising or assisting the loading or unloading of a vehicle; and
6 waiting to load or unload the vehicle or to be dispatched.
C * Covered employees shall not engage in any of the following behaviors while
performmg or waiting to perform a safety-sensitive function:
1
a. report to duty or remain on duty in a safety-sensitive capacity when using any drug;
b. possess while on duty;
c. consume at any time; and
d. test positive.
Note: Prescription drugs may be allowed, as needed, pursuant to advance notification to the
appropriate supervisor, along with the doctor's recommendation regarding instructions and
possible side effects as they relate to the employee's job duties.
2. AI*n1
a. report for duty or remain on duty. in a safety-sensitive capacity while having a blood
alcohol level of 0.02 or greater;
b. use or possess alcohol while performing safety-sensitive ftmctions;
c. perform safety-sensitive functions within four hours after using alcohol; and
d. use alcohol for eight hours after an accident or until tested, whichever occurs first.
3. Drug and Alcohol
refuse to submit to drug and/or alcohol testing as required by the Omnibus Act; is
deemed as a positive test;
b report to duty or remain on duty to perform a safety-sensitive ft'nction after reflising
to submit to drug and/or alcohol testing required under the regulations; and
c fall to advise the immediate supervisor when other employees have actual knowledge
that an employee i* in violation of these rules.
D DrugTesting Pw*t to FHWA regulations* urine specimens shall be screened for the
following substances
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^^PY 1. AmphetaminesIMethamphetamines i.e., Speed and Crystal);
2. Cocaine;
3. Opiates i.e., Codeine, Heroin, and Morphine);
4. Phencyclidine PCP); and
5. THC(Marijuana)
The testing is a two stage process. If the initial screening is positive for one or more of the above
drugs, then a confirmation test is performed for each identified drug using state-of-the-art gas
chromatography/mass spectrometry GCIMS) analysis. GC/MS ensures that over-the-counter
medications are not reported as positive tests.
E. Alcohol Testin*: The regulations require an evidential breath testing device *BT) approved
by the National Highway Traffic Safety Administration NHTSA) for the testing of alcohol use. An
alcohol testing form is completed by the employee and a certified breath alcohol technician B*
to ensure the results are properly recorded. Two breath tests are required to determine if the
employee has a prohibited alcohol concentration. A screening test is conducted first. Any result less
than 0.02 alcohol concentration is considered a negative test, and no further testing is required.
If the alcohol concentration is 0.02 or greater, a second or confirmation test shall be conducted.
When a confirmation test is required, the EBT equipment shall print the screening and confirmation
test numbers in sequential order. The device shall also print the result, date, and time of both tests,
along with the name and serial number of the EBT equipment in order to ensure the reliability of the
results. Any action taken will be based on the confirmation test result.
F. Types of Tests Required. The following tests are required for covered employees who
perform safety sensitive functions::
1. *
Prior to hire or assignment to a position covered by this policy, the applicant or employee
shall undergo testing for drugs. Failure to pass the test shall be deemed a basis upon which
employment or assignment to a safety-sensitive position shall be denied.
2.
Regulations require regul& random testing of all employees covered by this policy. The
ongoing testing will be conducted on an unannounced basis before, during, or immediately
after the performance of safety-sensitive flinctions. Employees will have an equal chance
of being selected. All eligible employees' names will be plaeed in a pool, from which names
are drawn on a *`reasonably random** basis. Once an employee's name is pulled for testing,
his or her name will be returned to the pool. Therefore, it is feasible for the same employee
to be tested repeatedly while participating in a true random testing process.
The selection of employees for random drug and alcohol testing will be made by a
scientifically valid method.
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^^PY The regulations specifically require that random testing be performed as follows:
a. Drugs Fifty percent 50%) of the total number of covered employees shall be tested
annually.
b. Mcohol Twenty-five 25%) percent of the total number of covered employees shall
be tested annually.
3. Reasonable Suspidon
The City shall require a covered employee to be tested upon reasonable suspicion for the use
of drugs or alcohol. Reasonable suspicion or cause means that a trained supervisor believes
that the actions, appearance, speech, body odors, or conduct of an on-duty employee is
indicative of the use of drugs or alcohol. Reasonable suspicion may be conducted before,
during, or after an employee performs safety-sensitive functions.
The determination that a reasonable suspicion exists to require an employee to undergo a
drug or alcohol test must be based on specific, objective, and contemporaneous facts
concerning the behavior, appearance, speech, or body odors of the employee. The
determination must also be based on the supervisor' sdieect observations of the behavior(s)
and not on hearsay.. The supervisor(s) wit:nessing the impairment must document the specific
observations upon which the reasonable suspicion is based.
Where there is a reasonable suspicion that the employee is under the influence of drugs or
alcohol, the supervisor shall arrange for the employee to be tr*ported to the testing facility
and then driven home. The employee shall not be permitted to transport him or herself.
4. Post-Accident
For purposes of this policy, an *`accident" is defmed as an incident involving a commercial
vehicle in which one or more of the following occurs: loss of human life; bodily injury to
persons; disabling damage to any of the vehicles involved; or issuance of a traffic citation
to the City employee following any type of vehicle collision.
The following criteria apply when conducting drug and alcohol tests due to an accident:
a. A breath alcohol test must be administered as soon as possible. If not within two
hours following the accident, the employer/supervisor must prepare and maintain
records stating why testing was not completed. At that time, every effort should be
made to ensure that a breath alcohol test is performed within eight hours following
the accident. If testing has not occurred within eight hours, attempts to test should
be discontinued, and the employer/supervisor must record why he was unable to
administer the required test.
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^^PY b. A drug screening test must be initiated prior to the 32* hour following an accident.
If the test is not administered as required, the employer/supervisor must document
the reasons testing was not pefformed.
C. The employee must remain readily available for testing or he or she will be deemed
to have refused the test see Refusal to Consent). This rule does not require the delay
of necessary medical attention for injured persons following the accident nor prohibit
the employee from leaving the scene to obtain assistance or necessary emergency
medical care.
d. An employee subject to post-accident testing may not use alcohol within eight hours
following the accident or before an alcohol test, whichever comes first.
e. Testing will not be conducted on any deceased employee.
5. Return-to-Duty
Testing shall be conducted on any covered employee who has violated the prohibited drug
and alcohol standards and is accepted into a return4o-duty status. Prior to resuming his or
her safety-sensitive functions, the employee must undergo a new drug and/or alcohol test.
The test results must be negative for the employee to return to work If applicable, the
employee shall be referred to a Substance Abuse Professional for further assessment.
6. Follow-up
Any covered employee identified by the Substance Abuse Professional as needing assistance
will be subject to follow-up testing upon returning to duty. A minimum of six unannounced
tests will be performed over the following twelve month period. Follow-up testing may be
extended for up to 60 months following return-to-duty. The same criteria used for the return-
to-duty testing will be used for any follow-up testing. Such testing shall not be subject to the
random testing selection procedures. Moreover, follow-up testing may include tests for other
substances beyond the employee's initial positive test of drug and/or alcohol use when the
Substance Abuse Professional has reason to believe that additional testing is warranted. If
follow-up testing is required, the employee assumes full responsibility for paying the follow-
up testing expenses
0 EUW1**LQn*fl*: Before a drug or alcohol test is adrninistcred, the covered employee
will be asked to sign a consent form authorizing the test and permitting release of the test results to
the appropriate City representative. The consent form shall provide a spaceto acknowledge that the
employee being tested has been advised of the drug and alcohol testing policy.
H. Reflisal to Consent: An employee that refuses to submit to drug or alcohol testing required
by the City shall be prohibited from performing or continuing to perform safety-sensitive functions:.
An employee's refusal to submit to drug or alcohol testing required by the City for any reason may
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^^PYalso result in disciplinary action, up to and including termination. Refusal to consent shall include,
but is not limited to:
1. failure to provide adequate breath for alcohol testing, without valid medical explanation,
after being notified of the requirement for breath testing;
2. failure to provide an adequate urine sample for testing, without a genuine inability to provide
a specimen as determined by medical evaluation), after being notified of the requirement for
urine testing; and
3. engaging in conduct that clearly obstructs the testing process.
I. Consequences of Positive Test Results: If drug and/or alcohol test results are positive, the
employee may be disciplined, up to and including termination. If the employee is not terminated,
the employee's supervisor or other authorized manager shall:
1. Immediately remove any employee who has engaged in prohibited drug or alcohol use from
his or her safety-sensitive functions.
2. If the alcohol concentration level is greater than 0.02, but less than 0.04, the employee may
not return to his or her safety-sensitive function for a minimum of 24 hours and until another
breath alcohol test is administered, and the result is less than a 0.02 concentration.
3. If the alcohol concentration level is greater than 0.04 or a drug screening test is positive for
any of the prohibited cont:rolled substances, the employee will be removed from his or her
safety-sensitive position until:
a. he or she undergoes evaluation and, where necessary, rehabilitation;
b. a Substance Abuse Professional determines that the employee has successfully
complied with any required rehabilitation; and
c. the employee undergoes a return-to-duty test with a result of a blood alcohol
concentration of less than 0.02 if the employee initially tested positive for alcohol,
and/or with a negative test result for controlled substances if the employee initially
tested positive for controlled substances.
Any treatment or rehabilitation may be provided in accordance with City policy. The
City is not required under these circumstances to provide rehabilitation, pay for
t:reatment, or to reinstate the employee to safety-sensitive positions.
4. If the employee is permitted to return to work, he or she must have a negative test result on
the return-to-duty test.
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^^PY 5. Perform unannounced follow-up testing on any employee returned to his or her safety-
sensitive duties.
6. Make arrangements for alternative transportation when test results are positive for drugs or
an alcohol concentration of 0.02 or greater.
J. Substance Abuse Professional: The City will only provide an assessment by a Substance
Abuse Professional. Under this policy, the City has no obligation to provide or pay for flirther
treatment, as this is the responsibility of the employee. Some financial assistance may be available
under the City's health insurance plan.
K. * Records shall be maintained on test results, prevention progrins, policies,
training, drug use and alcohol misuse, refusals to submit to testing, employee evaluations, and annual
summary of the City testing program. The retention period for the records is as follows:
1. Five Year Retention Period
This pertains to the results of alcohol tests of 0.02 or higher, confirmed positive drug tests,
documentation of any employee who has refused to submit to a required drug or alcohol test,
employee assessments and referrals by the Substance Abuse Professionals, and each calendar
year summary.
2. Two Year Retention Period
This pertains to records documenting the collection process for the drug and alcohol tests and
training of supervisors.
3. One Year Retention Period
This pertains to any alcohol test results which are less than 0.02 and the documentation of any
negative or canceled drug test.
All records are confidential; however, the regulations require that they be made available for
inspection at the City of La Quinta within two business days following a request by an authorized
person. The records are kept in a separate file and will not be made a part of the employee's
personnel file. An exception to this is when disciplinary action results from the incident. When
there is disciplinary action, disciplinary notices and related documents will be placed in the
employee's personnel file.
The result of any testmg done pursuant to this policy shall be used for employment purposes only
and shall not be released for use in the criminal justice system, unless compelled by court order.
L Access to Records The following agencies shall have access to all test results without the
verbal or written consent of covered employees:
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^^PY I. the City of La Quinta in proceedings initiated either by the City or the employee as a result
of testing;
2. the Department of Transportation or any state or local official with regulatory authority over
the City or any of its employees; and
3. the National Transportation Safety Board when conducting an investigation of an accident
where drug and/or alcohol testing was performed.
M. Trpinin*: As part of the emphasis on education and safety, the Omnibus Act requires
providing educational materials and two hours of trainlng of supervisors and one hour of trai*g for
employees before testing can begm The required topics include the following:
1.
Covers the general requirements of the Omnibus Act and the City's responsibilities to
comply with those requirements.
2. Kev Person
Designates a key person at the City to answer employee questions regularly.
3 i*rix*rLQx*r*'1
Identifies categories of employees who are subject to the regulations.
4 On-dutv Time
Describes the period of time employees are to be in compliance.
5. Safety-Sensitive Functions
Identifies what job tasks are considered to be safety-sensitive.
6.
Specifies information about prohibited employee conduct.
7. Occasions for Testing and TYpes of Testing
Lists circumstances under which employees will be tested for drugs and/or alcohol.
8. Procedures for Testing
Covers procedures that will be used to test for the presence of alcohol or drugs and to protect
the privacy of employees, the integrity of the testing process, and the validity of the test
results. Testing shall be conducted only by laboratories that are Departrnent of Health and
Human Services certified, and comply with all laboratory analysis procedures and quality
control measures set foith in 49 C.F.R. part 40.
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^^PY Reflial to Be Tested
Explains what constitutes a reflisal to test.
10. Blood Alcohol Concentration
Depicts the various readings for alcohol concentration greater than 0.02.
11. Effects of Drugs and/or Alcohol Use.
Describes the specific observations concerning the appearance, behavior, speech, or body
9dors of the employees.
12. Penalties and Referral
Lists the various consequences for employee found to have tested positive for prohibited
drugs or within the prohibited blood alcohol level.
N. Effective Date and Notice to Emplovees: The Personnel Policies, including this section, shall
be effective August 11, 1997. Covered employees will receive a copy of the policy prior to its
effective date. Employees who are hired after the effective date shall be given a copy at the time they
commence employment with the City.
0. Con*pliance with Federal Law: At all times, the City will comply with the current applicable
federal law concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in
this pohcy will be determined by referring to the law and official regulations oudining policies and
procedirres, etc. relative to the law and official regulations outlining policies and procedures, etc.
P * The Employee Relations Officer has been designated to answer employee
questions about this policy.
1.80 EOUAL EMPLOYMENT POLICY AND SEXUAL HARASSMENT: The City is an equal
opportunity employer. Personnel actions will comply with all applicable laws prohibiting
discrimination in employment, based on race, religious creed, color, national origin, ancest:ry,
physical handicap, medical condition, marital status, sex, pregnancy or age. Any technique or
procedure used in recruitment and selection of employees shall be designed to measure only the job
related qualifications of applicants. No recruitment or selection technique shall be used which, in
the opinion of the City, is not justifiably linked to successfiil job performance.
Policy Against Harassment: The City strictly prohibits harassrnent of employees in the workplace
based on race, color, national origin, ancest:ry, religion, sex, sexual orientation, marital stats, age,
physical handicap, or medical condition. Harassment includes all forms of offensive or unwelcome
physical or verbal conduct that interferes with an employee's work or creates an offensive or hostile
working environmen*
Sexual Harassment: Sexual harassment of all types is specifically prohibited. Sexual harassment
of employees in the workplace is illegal, unacceptable, and will b*QI be tolerated.
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^^PYUnder state and federal law, sexual harassment is defined as unwelcorne sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal whenever a)
submission to such conduct is made a condition of employment, either expressly or implied, *)
submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting that individual, or c) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile, or offensive
working environment.
Examples of sexual harassmerit include unwelcome sexual propositions or marriage proposals;
unwelcome hugging, kissing, or other offensive physical contact of a sexual nature; lewd gestures,
remarks, or innuendos; unwelcome discussions of sexual practices or anatomy; and sexually
offensive posters, photographs, drawings, cartoons, jokes, stories, nicknames, or comments about
appearance.
This policy applies to all Supervisors of the City, as well as to co-employees, elected and appointed
officials, commissioners, customers, and other persons at the workplace whom the City knows or
has reason to know are violating this policy. All City personnel are expected to avoid any conduct
that could be construed as harassment by any employee. Appropriate corrective action will be taken
against all offenders, including discipline or discharge of Supervisors or employees who violate this
policy.
Any employee who believes he or she has been unlawfully harassed should bring the matter to the
attention of the employees' supervisor immediately, and provide a full and accurate report of the
underlying facts. Where the employee's supervisor is the alleged harasser, the employee should
bring the matter to the attention of the supervisor's superior. Employees are urged to report to the
employee's supervisor, but this is not required if the employee feels uncomfortable in doing so, or
if the employee believes the supervisor is the ha**r. In all cases, employees are Ieee to report such
problems directly to the Employee Relations Officer. Upon notification of a harassment complalnt,
the Employment Relations Officer, or other person acting in that capacity, shall promptly conduct
an investigation of the complalnt and supervise and/or investigate the complaint. The investigation
will generally include interviews with 1) the complainant; 2) the accused harasser; and 3) any
other person the Employment Relations Officer, or person acting in that capacity, has reason to
believe has relevant knowledge concerning the complaint. This may include victims of similar
conduct.
All such reports will be kept confidential to the greatest extent possible, but some disclosure will be
necessary to conduct a proper investigation. In each case, the employee reporting the problem will
receive a written reply, from the Employment Relations Officer, or other person acting in that
capacity, on the results of the investigation and the action taken, if any. Any employee who is not
satisfied with the reply may appeal to the City Manager and will receive a reply in writing.
No employee shall be subject to any form of retaliation for reporting any violation, or participating
in any investigation under this policy provided that they have done so truthfully and in good faith.
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^^PY Employees who believe they have been retaliated against in violation of this policy may utilize the
grievance procedure described below.
This policy also applies to unlawful harassment based on any of the other illegal criteria set forth in
the City's Equal Employment Policy, including race, color, religion, national origin, age, sex, sexual
orientation, disability, marital status, or physical or mental condition.
The California Fair Employment and Housing Act, FEHA) California Govt. Code Sections 12940
et seq.) prohibits unlawful sexual harassment, as well as other forms of discrimination based on race,
color, national origin, religious creed, age, disability, marital status, and medical condition.
Employees may file complaints about sexual harassment or other illegal employment discrimination
with the California Fair Employment and Housing Commission 1390 Market Sti:et, Suite 410, San
Francisco, CA 94102; Telephone: 415-557-2325), or with the California Department of Fair
Employment and Housing San Bernardino Office: 1845 S. Business Center Drive, #127, San
Bernardino, CA 92408-3426; Telephone: 909-3834711).
The Department of Fair Employment and Housing DFEH) is authorized to accept and investigate
complaints of employment discrimination, and to mediate settlements. The Fair Employment and
Housing Commission FEHC) has authority to issue accusations against employers, conduct formal
hearings, and award reinstatement, back pay, damages, and other affirmative relief. The Fair
Employment and Housing Act prohibits retaliation against employees because they have filed a
complaint with the DFEH or FEHC, participated in an investigation, proceedihg, or hearing with
either agency, or opposed by practice made unlawful by the FEHA.
The City will * tolerate any unlawful harassment or discrimination in employment. Violation
of this policy can result in immediate termination of employment.
A violation of this policy is subject to the formal grievance procedure in accordance with Section
12. If the allegation of sexual han*ent implicates any person rendering a decision at any Step in
the Grievance Poocedure, the employee may omit that particular Step and proceed to the next Step
of the Grievance Procedure.
Malicious Complaints: While the City of La Quinta vigorously defends its employees' right to work
in an environment free of sexual harassment, it also recognizes that false accusations of sexual
harassment can have serious consequences. Accordingly, any employee who is found, through the
City's investigation, to have knowingly falsely accused another person of sexual harassment will be
subject to appropriate disciplinary action, up to and including termination.
1.85 WORKPLACE VIOLENCE: The City of La Quinta does* tolerate any act or behavior which
can be perceived as threatening, hostile, andlor violent. No employee shall make any threat, either
physical or verbal, against a co-worker, supervisor or member of the public. No employee, other
than those required by their position, shall bring a weapon exclusive of personal defense chemical
spray) of any type to a City facility, in*1uding parking lots and public streets outside or immediately
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^^PYadjacent to a City building or place in a City vehicle or equipment. Violation of this zero tolerance"
policy will lead to discipline, up to and including termination. An employee may bring a personal
defense chemical spray to a City facility including parking lots and public streets outside or
immediately adjacent to a City building or place in a City vehicle or equipment if approved by their
Department Director having demonstrated a legitimate need and having obtained any necessary
certification.
All employees are required to report immediately to their Supervisor and Department Director any
threats or incidents of violence. Supervisors and Department Directors are required to investigate
incidents of violence or threats of violence to maintain department safety.
Effective January 1, 1995 the Workplace Violence Safety Act became law. The new statute adds
Section 527.8 to the California Code of Civil Procedure and allows employers to seek temporary
restraining orders TRO) and an injunction to protect employees who have been the subject of actual
or threatened unlawful violence in the workplace.
1.90 SMOKING POLICY*: Smoking is prohibited in all City facilities, all City vehicles and rolling
stock.
1.95 DRESS CODE: All employees shall dress professionally and in a manner appropriate for the
duties performed in their position. Department Directors, with the approval of the Employee
Relations Officer, may allow certain Field positions to wear shorts depending* on the duties
performed and any safety considerations. Shorts my 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 identi* them as City personnel.
SE*ON 2: CLASSIFICATION AND SALARY PLAN
2.05 PREP*ON AND AMENDMENT OF CLASSIFIC*ON PLAN: The Employee
Relations Officer shall determine the duties and responsibilities of all City positions for inclusion
in the Classification Plan. The Classification Plan shall be so developed and maintained to ensure
to the flillest extent possible that all. positions which are substantially similar with respect to duties,
responsibilities, authority and character of work, are included within the same classification, and the
same schedules of compensation shall apply to all positions in the same classification. Classification
specifications are explanatory, but not restrictive. The listing of particular tasks shall not preclude
the assigmnent of other related kinds of tasks or related jobs requiring lesser skills. The
Classification P*an shall be adopted by a resolution of the City Council. The Classification Plan may
be amended or revised, as required, and adopted by a resolution of the City Council.
2.10 ALLOCAThD POSmONS: The Employee Relations Officer shall approve the appointment
of employees to positions in the Classification Plan.
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^^PY Only allocated positions which have been approved by City Council may be filled, provided that the
following positions can be approved by the City Manager without prior City Council approval; I)
temporary; and 2) emergency.
2.15 NEW POSITIONS:: When anew position is created, no person shall be appointed or employed
to fill the position prior to the position's assignment to a classification, unless otherwise provided
by these Policies. The Employee Relations Officer shall amend the Classification Plan to establish
and assign an appropriate classification and grade for the new position as approved by the City
Council.
2.20 CLASSIFIC*ON SPECTFIC*ONS: Classification Specifications shall contain a job
description, as well as knowledge, skills, abilities, education, experience, sample duties and other
minimum qualifications for all classifications listed in the Classification Plan. The Employee
Relations Officer shall maintain a list of all City Council approved classification specifications. All
classification specifications shall be open for inspection in the Personnel Office by an employee or
the public under reasonable conditions during business hours subject to the availability of the
Employee Relations Officer.
2.25 PREPAR*ON AND ADO*ON OF SALARY PLAN: The Employee Relations Officer
shall prepare an annual Salary Plan that establishes the minimum through maximum salary rates of
pay for all City classifications and shall submit the Salary Plan to the City Council for its approval.
The Salary Plan shall be adopted by a resolution of the City Council. The Salary Plan shall be
amended or revised by adoption of a resolution of the City Council.
2.30 APPROPRIATE SALARY STEP: Employees occupying a City position shall be paid a salary
or wage within the salary range established for that position's classification under the adopted
Classification and Salary Plans.
2.35 BENEFIT PLAN: The City Council may, at its sole discretion, adopt a Benefit Plan that
establishes the benefits for all City employees. This Benefit Plan is described in the Employee
Benefits Section of the City's Compensation and Leave Policies.
SECTION 3: TYPES OF APPOINTMENTS
3.05 TYPES OF APPOINTMENTS: Except for temporary vacancies, all vacancies shall be filled
by recruitment, transfer, promotion, or demotion; temporary appointments may be made in
accordance with these Policies.
3.10 PROB*ONARY APPOINTMENTS: All initial appointments made to a vacant regular
position, shall be considered probationary for twelve 12) months form the effective date of the
appointment. Promotional appointments shall be considered probationary for six 6) months from
the effective date of the promotional appointment. As necessary, the probationary period can be
extended an additional six 6) months if the Department Director or designee determines that the
probationary period shall be extended. The probationary employee shall be given notice in writing
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^^P Yprior to the expiration of the original probationary period.
Initial probationary employees are eligible for use of accrued paid leave sick leave, vacation and
bereavement leave) after the first 3) months. A promotional probation does not impact an
employee's eligibility for leave.
The probationary period shall be regarded as part of the testing process and shall be utilized for
closely observing the employee's work to determine the employee's fitness for the position. A
probationary employee must demonstrate satisfactory performance in order to achieve permanent
status.
Periods of time on paid or unpaid leave exceeding thirty 30) days consecutive or not) shall
automatically extend the probationary period by that number of days the employee is on leave. If
the probationary period is interrupted by military leave for a period which extends beyond half of
the probationary period, then the employee shall serve a new probationary period upon return.
An employee on probationary status may be suspended without pay, demoted or dismissed by the
City at any time, without or without cause, and without right of appeal. A probationary employee
has no property interest in continuing employment.
3. * 5 FULL TIME APPOINTh(ENI: Employees who successfully complete their probationary period
and who regularly work a minimum of forty 40) hours per week shall become flill-time regular
employees and shall be entitled to all of the benefits provided herein.
3.20 EMERGENCY APPOINTMENTS: To meet immediate requirements of an emergency
condition which threatens life or property, the Employee Relations Officer may create positions and
employ such persons as temporary employees as may be needed for the duration of the emergency.
If not determined otherwise by an applicable provision or by an Emergency Operations Plan
approved by the City Council as soon as possible, and shall be compensated at an appropriate hourly
rate as approved by the Employee Relations Officer.
3.25 INTERIM APPOINT*ENTS: If deemed to be in the best interests of the City, the Employee
Relations Officer may authorize and approve an interim appointment in order to fill either a
temporary i.e. a maternity or military leave) or regular i.e. an employee's resignation or
termination) vacancy. If the position being filled on an interim basis would normally require City
Council approval i.e. City Manager), the City Council shall authorize the interim appointment.
An interim appointment maybe authorized for a period not to exceed six 6) months from the*date
of that appointment. The Employee Relations Officer may authorize an additional 6) months
extension for an interim appointment. All interim employees must meet the minimum*um qualifications
of the vacant position.
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^^P!Y A regular employee may be assigned to another interim classification which is equal to or higher than
the employee's regular classification. During the interim appointment period, the employee will be
assigned the title of the interim classification, in a step that is at least five per cent 5%) higher than
the current salary 6f the employee's regular classification, for the duration of the interim appointment
if the interim classification is a higher grade.
While serving in an interim capacity, a regular employee shall receive any benefits of the interim
classification which are over and above the employee's regular benefits. If an employee receiving
overtime benefits is assigned to an interim classification which does not receive overtime benefits,
the employee shall not receive overtime pay for the duration of the interim period. The employee
shall receive the Adrninistrative Leave benefits of the interim classification. A regular employee,
in an interim classification, shall continue to accrue seniority in their regular classification and shall
be eligible to receive merit increases in the regular position.
An interim employee who is not currently a City employee shall be compensated as outlined in a
written employment contract.
If an interim employee is appointed to the position which the employee has been filling on an interim
basis, any time worked in the interim position may be applied towards fulfilling the required
probationary period.
Interim appointments shall not be construed to create or imply any right in any employee to be
permanently appointed to the job classification position that the employee is filling on an interim
basis. At the expiration of any interim appointment, the employee shall return to the employee's
regular job classification and shall also return to the rate of pay which corresponds to the regular
classification as if the employee never left the classification.
This section shall not be construed to prohibit the employment by contract of a person or entity to
provide services to the City of an interim, indefinite, or other basis.
3.30 WORKING OUT OF CLASS": When an employee is assigned to significant duties and
responsibilities of an authorized job classification with a higher salary range on a full-time basis for
more than twenty-five 25) consecutive working days or more than fifty 50) working days in a
twelve 12) month period, a tempo*ry salary adjustment shall be made to a higher salary range and
appropriate step therein until the employee ceases to perform such out-of-class work* It is the City's
intent to avoid working an employee on an out-of-class assignment for a prolonged period.
An employee who believes that he/she has worked out-of-class for more than twenty-five 25)
consecutive working days or more than fifty 50) working days in a twelve 12) month period may
submit a written request for an out-of-class pay adjustment to the Employee Relations Officer within
ten 10) working days aleer the employee has allegedly qualified for the out-of-class pay adjustment.
The *mployee Relations Officer shall review the request and forward a recommendation thereon to
the Employee Relations Officer within five 5) working days after completing a job audit. The
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^^P"YEmployee Relations Officer shall render a decision thereon within five 5) working days after receipt
of the Employee Relations Officer's recommendation.
If the Employee Relations Officer determines that the employee has been working out-of-class for
more than twenty-five 25) consecutive working days, the employee will be paid out-of-class pay
effective on the 26th day and for each successive day the employee works out-of-class.
If the Employee Relations Officer determines that the employee has been working out-of-class for
more than fifty 50) working days within any twelve 12) month period, the employee will be paid
out-of-class pay effective on the 51St day and for each successive day during the twelve 12) month
period in which the employee works out-of-class.
In determining the appropriate step for purposes of calculating out-of-class pay, the employee shall
be compensated at the Step in the appropriate salary range which comes nearest to but not less than
five 5%) per cent higher than the Step the employee held in the previous salary range. If the
employee is subsequently appointed to the higher-level position, the employee may apply time
accumulated while working out-of-class towards fulfilling any required probationary period. If and
when the employee returns to the employee's former position, the employee shall also return to the
lower base pay.
A regular employee working out-of-class shall continue to accrue seniority in hisJ'her regular
classification and shall be eligible to receive merit increases in the regular position.
Nothing herein shall be construed as limiting management's authority to assign City employees
temporarily to different or additional work duties and responsibilities for the purpose of responding
to emergencies. Temporary assignment, while responding to an emergency, will be for no more than
three 3) months duration, but may be extended for an additional three 3) months with Employee
Relations Officer approval.
Nothing herein shall prevent an employee from receiving an interim promotion to fill a position
temporarily as a result of a vacancy, leave of absence, or industrial injury. Such an employee shalL
be compensated in accordance with Section 3.15.
3.35 TRANSFER: An employee may transfer from their present position to a vacant position, in the
same classification, within the same department or to another department. For purposes of this
Section, a comparable classification is defined as one with the same salary range which involves the
performance of similar duties that require substantially the same general qualification. A transferred
employee shall retain their rate of pay and their anniversary date for purposes of merit pay increases.
No employee shall be transferred to a position for which the employee does not possess the
minimum qualifications. A transfer shall not be used to effect a promotion, demotion, advancement
or reduction on pay. An employee who transfers to a lower grade position may be Y-rated. The
employee who desires to transfer must request the transfer, in writing, through the Employee
Relations Officer.
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^^P#Y The Employee Relations Officer is under no obligation to noti* employees of each potential transfer
opportunity. Once the transfer request is received by the Employee Relations Officer, the Employee
Relations Officer shall inform the Department Director of the request. The transfer must be
approved, in writing, by the Employee Relations Officer.
Unless otherwise provided for in these Policies, an employee must be employed with the City for
at least twelve 12) months, or until the employee has completed their probationary period, before
applying for a transfer. An employee may be requested to defer their transfer until their current
position has been filled, but typically, two-weeks notice will be given to the employee's current
department.
A request for transfer to a vacant position may be initiated by an employee or the employee's
Department Director. The Employee Relations Officer may order a transfer for the purposes of
economy, efficiency, or for reasons related to the best interests of the City. Such a determination by
the Employee Relations Officer shall not require the consent of the employee or the Depart:ment
Director.
3.40 PROMOTION: When it has been determined by the City that a vacant position will be filled
by promotional appointment, the Employee Relations Officer shall authorize a competitive
promotional examination in order to fill the position, as stated in these Policies.
When an employee is appointed to a promotional position, that employee shall be paid at the Step
in the higher salary range which is at least a five 5%) per cent increase over the salary he or she
received in the lower position, in accordance with the provisions in Section 5' 15. Any employee
who is promoted within City service shall be required to complete a six-month probationary period
in the new position successfully. If the employee's former position is still vacant, the depa:rtment
director may recommend that the employee be reinstated to the former position. This re-instatement
must be approved by the Employee Relations Officer. If the employee's former position is not
vacant, the employee may be appointed to a position of the same classification in a different
department, with the recommendation of the depart:ment director and approval by the Employee
Relations Officer. If no vacancy exists, the employee will be terminated from city employment.
3.45 DEM*ON: An employee may be demoted because the employee's ability to perform the
required duties of their position falls below standard. for disciplinary purposes, or for any other
reasons as outlined in these Policies. No employee shall be demoted to a position for which the
employee does not possess the minimum qualifications. The position which has been made vacant
by demotion shall then become subject to the provisions of these Policies which govern
appointments.
An employee shall not be required to serve a probationary period in the position to which the
employee is demoted unless the employee has not competed the probationary period in the higher
position. In such cases, the employee shall be required to complete their unfinished probationary
period in the lower position. The employee shall retain the salary anniversary date the employee had
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^^P$Yin the higher position.
3.45.1 Involuntary Demotion: An involuntarily demoted employee, who is placed in a position at
a lower salary grade than the position the employee formerly occupied, shall be placed in the Step
of the lower salary grade which is closest to, but lower than, the employees' salary rate in the
employee's former position. A demotion which is effected for disciplinary reasons, pursuant to
Section 9.35, shall be subject to the disciplinary appeals process.
3.45.2 Voluntary Demotion: A voluntary demotion to a lower post and lower salary grade may be
requested by an employee for any reason. Such a voluntary demotion shall require the approval of
the Employee Relations Officer, employee's present Department Director, and the Department
Director under whom the employee will serve, if applicable.
The voluntarily demoted employee shall be placed in the Step of the lower salary grade which is
closest to, but lower than, the employee's salary rate in the employee's former position. In lieu of
a reduction in salary, the Employee Relations Officer may approve a Y-rated salary for a voluntarily
demoted employee.
3.50 RECLASSIFIC*ON: Existing positions, where the duties have changed materially so as to
necessitate reclassification, shall be reclassified by the Employee Relations Officer to a more
appropriate classification, whether new or existing. The Employee Relations Officer must approve
all new classifications. Regardless of the circumstances, the Employee Relations Officer may
require a competitive examination, and no incumbent shall have a right to be appointed to a
reclassified position. No person shall be appointed or employed to fill a reclassified post unless the
said reclassified position has been incorporated in the Classification Plan and approved by City
Council, as provided by these Policies.
The employee or Department Director may submit a request for a job audit to the Employee
Relations Officer who shall determine if the reclassification is justified and provide a
recommendation to the City Manager for approval.
Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions,
promotions, or unit modifications. The Employee Relations Officer may conduct objective,
noncompetitive examinations to establish qualifications for the position.
The salary of an employee in a position that is reclassified shall be determined as follows:
3.50.1 Classification with Same Salary Range: If the position is reclassified to a classification with
the same salary range as the previous classification, and if the incumbent is appointed to the
reclassified post' the salary rate and the salary anniversary date of the employee shall not change.
The provision shall also apply to the change of classification title, provided there is no change in the
basic duties of the classification.
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^^P%Y 3.50.2 Classification with Higher Salary Range: If the position is reclassified to a classification with
a higher salary range than the previous classification, and if the incumbent is appointed to the
reclassified position, the employee shall be compensated at the Step in the new salary range which
comes nearest to, but is not lower than, the Step the employee held in the previous salary range. The
incumbent's salary anniversary date shall not change.
3.50.3 Classification with Lower Salarv Range: If the position is reclassified to a classification with
a lower salary range than the previous classification, and if the incumbent is appointed to the
reclassified position, the Employee Relations Officer may approve a Y-rate salary for the employee
if the employee is at the top Step.
Otherwise, the employee's new salary at the lower grade shall be placed at a Step which yields a
salary closest to, but not less than, the current salary. The incumbent's salary anniversary date shall
not change. Benefits may be Y-rated, as specifically approved by the Employee Relations Officer.
The effective date of reclassification shall coincide with the first working day of a pay period after
the reclassification is approved by the Employee Relations Officer and the new classification is
adopted by City Council, if necessary.
3.55 LAYOFFS/REDU*ON-TN-FORCE*RECAL.. Subject to City Council approval, the
Employee Relations Officer may lay off permanent and probationary workers at any time for lack
of work, budgetary reasons, technological changes, or other City actions that necessitate a reduction
in the work force. At least two weeks written notice shall be given to any employee who is to be laid
off. If less than two 2) weeks notice is provided, the employee will be paid for the difference
between the date of layoff and two 2) weeks.
At the Employee Relations Officer's sole discretion, a demotion or transfer to another depar*ent
or classification may be made to prevent a layoff provided the employee is qualified by education
and/or experience and is capable of performing the duties of the classification. The Department
Directors, in consultation with the Employee Relations Officer, and as approved by the City
Manager, will effect the layoffs.
Reduction in Force RlF*: When it becomes necessary to reduce the work force in the City, the
Employee Relations Officer shall designate the job classification, division, department, or other
organizational unit in order to effect a reduction in the work force. Contract, temporary, part-time,
seasonal, or probationary employees in the same job classification as ones proposed to be reduced
within the City shall be laid off first Although the Employee R*lations Officer may elect to do so,
he/she is not r*quired to allow laid off employees to bump" employees in other classifications.
Probationary promotional employees who are laid off shall, if applicable, be returned to their former
classification. Employees who accept lower positions or t:nsfers in lieu of layoff shall be placed
at a salary range and step which yields a salary closest to existing salary at the time of the giving of
notice of lay-off.
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^^P&YOrder of Layoft: The order of layoff of regular employees shall be made in accordance with a system
which favors retention of the more meritorious employees, based upon evaluation of the following
factors in the listed order of importance:
A. The two most recent performance evaluation records as finalized and or file in the Personnel
Office except when an employee has less than two years service with the City. In that case,
only one performance evaluation will be used.
B. Documents of disciplinary actions during the preceding twenty-four 24) months.
C. Seniority length of service in a career position)
a. in the City; and
b. in the classification; and
c. in the department.
Other exceptional circumstances to deviate from this policy may include the desirability of
maintaining a department or work unit with adequate staffing to perform required service, and
maintaining employees in the classification, department, or section who have demonrtrated the
ability to perform work available.
*: Seniority is determined from the day of official appointment to a City department as a
regular employee, provided that any regular employee who, as a result of promotion, transfer, or
voluntary demotion, is appointed to a regular position in another department, shall for purposes of
layoff, carry seniority previously acquired over to the new department.
Seniority shall continue to accrue during periods of vacation, sick leave, layoff not exceeding two
2) years, any authorized leave of absence of less than three 3) months, or any call to military service
for the duration of the call to duty. Seniority shall not accrue during any other break in continuous
service, unless required by law.
OtherPolicies: Any employee who receives an jnxQjiiflL*Zy transfer except for disciplinary
transfers) shall have automatic bumping rights" to the classification said employee was
involuntarily transferred from for up to six 6) months from the effective date of the involuntary
transfer m the event of layoff.
RecallList: The name of every regular employee who is laid off, transfers, or who is demoted to a
classification in the same department for longer than one pay period due to a Reduction-in-Force,
shall be placed on the Recall List maintained by the Employee Relations Officer. Vacancies to be
filled within a department shall be offered, first in order of performance, to individuals named on
the Recall List who, at the time of the Reduction-in-Force, held a position in the same job
classification within the department as the vacancy to be filled.
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^^P'Y Individual names may be removed from the Recall List, by the Employee Relations Officer, for any
of the following reasons:
A. The expiration of two 2) years from the date of placement on the list.
B. Re*mployment with the City in a regular full-time position in a department other than that
from which the employee was laid off
C. Failure to respond within fourteen 14) calendar days of mailing of a certified letter regarding
availability for employment.
D. Failure to report to work within fourteen 14) calendar days of mailing of a certified letter
containing a notice of reinstatement to a position, absent mitigating circumstances.
E. Request in writing to the Employee Relations Officer to be removed from the list.
Status on Re-Emplovment: A regular employee who has been laid off or terminates in lieu of
reassigninent and is re*mployed in a regular position within two 2) years from the date of his/her
layoff or termination shall be entitled to:
A. Buy back and thereby restore all sick and vacation leave credited to the employee's account
on the date of layoff or termination and at the same rate as it was sold ori-iY. This
restoration must be requested in writing within thirty 30) days of returning to work and must
be fully paid back within six 6) months of the return to work.
B. Restoration of seniority accrued prior to and accrued during layoff.
C. Credit for all service prior to layoff for the purpose of determining the rate of accrual of
vacation leave.
D. Placement in the salary range as if the employee had been on a leave of absence without pay
if he/she is reinstated to the same job classification in the same depat:ment from which
he/she was laid off or terminated.
Continuation of Benefi*: Those who are laid off shall have their medical insurance benefits
continued to the end of the second month following the date of their layoff in the event that they are
not covered by another medical plan at that time.
SECTION 4: RECRUITMENT AND SELECTION
4.05 EQUAL EMPLOYMENT GOALS AND POLICIES: In adopting these Policies, it is the goal
of the City to employ the most qualified individuals and to achieve excellence in meeting the needs
of the community.
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^^P(YEmployment and promotion in the City shall be based upon merit and qualifications and shall be free
from political influence and discrimination based upon religion, age, sex, sexual orientation, marital
status, race, color, national origin, ancestry, medical condition, political affiliation, and mental or
physical disability, unless physical ability is a bona fide occupational qualification.
Although not expressed in the classification specifications or job announcements, all persons
applying for or holding any position in the City shall be required to meet the following general
qualifications including, but not limited to: integrity, thoroughness, accuracy, good judgment,
initiative, resourcefullness, courtesy, ability to work cooperatively with others, willingness and ability
to assume and fulfill the responsibilities of the employment, and physical and mental ability to
perform the essential functions of the job with or without reasonable accommodation.
Where the position requires the driving of a motor vehicle, the applicant or employee must have a
valid California Driver's License, which must remain valid at all times, and is expected to drive the
motor vehicle safely.
The foregoing general qualifications shall be deemed to be part of the minimum qualifications of
each classification specification or job announcement and need not be specifically set forth therem.
4.10 PERSONNEL REOUESTS: To initiate the filling of an authorized vacant position, the
responsible Department Director shall submit to the Employee Relations Officer a written request
containing at least the following information:
4.10.1 The classification ob) title;
4.10.2 The justification for the position, including its budgeted salary, and
4.10.3 The duties, responsibilities and qualifications of the position in accordance with the
Classification Plan.
Each request shall be reviewed by the Employee Relations Officer and approved by the City
Manager.
4.15 JOB ANNOUNCEMENTS: Job announcements providing information about the position, its
title and pay, its major responsibilities and duties, minimum and other qualifications, where and
when to apply, and the last day on which applications will be accepted shall be prepared and
distributed by the Personnel Department All positions to be filled will be publicized by posting
announcements on the City's official bulletin boards and in such other places deemed advisable by
the Employee Relations Officer
* Applications for employment, transfer, or promotion with the
City shall be made on forms provided by the Personnel Depm*ent All information required by the
application shall be provided and the applicant shall certi* as to the t:ruth thereof. Resumes and
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^^P)Y other supplementary information may be submitted and attached to the application for consideration,
but may not be used as a substitute for the application. All applications must be signed and dated
by the applicant Only original applications will be accepted, no facsimile copies will be accepted.
4.25 DISOUALIFIC*ON O* APPLJC*ONS: The Employee Relations Officer or designee
shall reject an application, or after examination, shall disquali* or remove the applicant's name from
an eligible list, if the applicant:
A. Has made false statements of any material fact, or practiced any deception or fraud on the
application, declarations or in securing eligibility or appointment;
B. Is found to lack any of the requirements, certifications, or qualifications for the position
involved;
C. Is physically or mentally unable to perform the essential flinctions of the job, with or without
reasonable accommodation;
D. Is a current user of illegal drugs;
E. Is a relative of an employee, and is subject t6 the Nepotism Policy;
F. Has been convicted of a crime, either a misdemeanor or felony, that relates to the position
duties that the applicant would perform;
G. Used or attempted to use political pressure or bril:ery to secure an advantage in the
examination or appointment;
H. Directly or indirectly obtained information regarding examinations;
I. Failed to submit the employment application correctly or within the prescribed time limits;
3. Has had his or her privilege to operate a motor vehicle in the State of California suspended
or revoked, if driving is job related;
K. For any material cause which in the judgment of the Employee Relations Officer or designee
would render the applicant unfit for the position, including a prior resignation from the City,
termination from the City, or a significant disciplinary action.
Any of the above cited grounds for disqualification, may be cause for termination or other
disciplinary action if the applicant is or subsequently becomes an employee of the City.
4.30 RECRUIThm* lIt shall be the City's policy to recruit and hire the best qualified persons
available regardless of religion, age, sex, sexual orientation, marital status, race, color, national
origin, ancest:ry, medical condition, political affiliation, and mental or physical handicap, unless
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^^P*Yphysical ability is a bona fide occupational qualification.
While recognizing the need for introduction of persons from outside City employment at all levels,
the policy of the City is to transfer or promote persons employed by the City when their
qualifications, training, work performance, and work experience are determined to be comparable
to applicants from other sources.
The Employee Relations Officer shall determine whether the recruitment shall be open or
promotional, on the basis of ensuring an adequate number of candidates with appropriate skills to
constitute a competitive process. The decision of the Employee Relations Officer to conduct an open
or promotional recruitment shall be final.
Except as specifically provided otherwise in these Policies, selection for a position in City
employment shall be by one of the following types of examinations:
A. OpenCompetitive: Examinations which are open to all persons who possess the indicated
minimum qualifications as set forth in the job announcement. Applicants for open
competitive examinations may, but are not required to be, employees of the City.
B. In-House Competitive: Examinations which are open only to City employees who possess
the indicated minimum qualifications as set forth in the job announcement
Any variations to these procedures shall be reviewed by the Employee Relations Officer and
approved in writing by the City Manager.
4.35 EVALU*ON OF APPLIC*ONS: Each application shall be reviewed to determine if the
applicant satisfies minimum educational experience, type and years of job related experience,
certificates or licenses and any other requirements.
Selection techniques shall be impartial and relate to those areas which will adequately and fairly
indicate the relative capacity of the applicants to perform the duties and responsibilities of the
position to which they seek appoint:ment.
The selection procedure may consist of personal interviews, performance tests, evaluation of work
performed, work samples, assessment centers, other written tests, review and investigation of
personal background and references, medical examination, psychiatric examination, or any
combination thereof The Employee Relations Officer may, at hislher discretion, include as a part
of the examination process, tests which determine whether applications meet minimum
qualifications
In all examinations, the minimum grade or standing for which eligibility may be earned may be
based upon all factors in the exam*on, including educational requirements, experience and other
qualifying elements as shown in the application of the candidate of other verified information.
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^^P+YFailure in one part of the examination may be grounds for declaring the applicant as failing in the
entire examination, or as disqualified for subsequent parts of an examination.
4.40 CANDIDATES' EXAMINATION INSPE*O*: By appointment with the Employee
Relations Officer, an applicant shall have the right to review his/her own written test, interview
scores or other test results within ten 10) working days after announcement of the recruitment
results. However, no applicant shall be allowed to examine the test key as part of his/her
examination inspection. The names of all interviewers shall be kept confidential.
Any error in rating or grading shall be corrected if it is called to the attention of the Employee
Relations Officer at the time the applicant reviews his/her examination. Any applicant whose
corrected score meets or exceeds the examination's established passing score will be placed on the
applicable eligibility list for the position, if one exists. Any correction shall not invalidate an
appointment or offer of employment that has been made previously.
4.45 NEP*SM POLICY:
TO BEINSERTEDATA LATER DATE
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^^P,YThis' Page Intentionally Left Blank)
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^^P-Y 4.50 DRIVING SAFETY CHECK.. A verifiable and acceptable driving record shall be required of
each final candidate for employment whose position requires the employee to drive a City vehicle,
or personal vehicle on City business, as an essential function of the job. The Employee Relations
Officer shall have the right to conduct periodic, random verification of driving records of employees.
Driving a City vehicle without possessing a valid driver's license is not permitted and may result in
disciplinary action up t6 and including termination. Employees shall noti* their Supervisors
immediately if their license is expired, suspended, or revoked.
4.55 ELIGIBILITY LISTS: Lists of applicants to be considered for job openings in a particular
classification may be established for open competitive or promotional competitive positions. An
eligibility list shall be a list of persons who have taken an open competitive or promotional
competitive examination for an advertised City position and have qualified for said classification.
Each such list shall bear an expiration date. The hiring department may appoint any candidate on
the eligibility list, regardless of ranking, provided all candidates with higher rankings have been
interviewed.
Eligibility lists shall remain in effect for twelve 12) months or until exhausted, whichever occurs
first. An eligibility list may be termna ted at any time when less than three 3) eligible candidates
remam.
The Employee Relations Officer, upon either the Employee Relations Officer's determination or the
recommendation of the Department Director, may remove a name from an eligibility list for any of
the following reasons:
A. If the eligible person accepts an appointment with the City to a regular position of the same
or higher classification. Acceptance of a temporary appointment at any level will not in itself
be cause for removal from an eligibility list. An eligible person may refuse an appointment
to a particular position and request to re**)ain on the eligibility list.
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^^P.YB. If the eligible person requests in writing removal from the list.
C. If the eligible person fails to respond within fourteen 14) calendar days to a notification or
letter which has been mailed to the person's last address on file with the City.
D. If the eligible person is unable to accept any offered position.
F. If a person on a promotional eligibility list resigns from City employment.
F. If other circumstances, such as conviction of a crime involving moral turpitude or loss of a
required license, make the person meligible.
Placement on an eligibility list does not guarantee employment with the City of La Quinta.
If a vacancy exists in a classification for which there is no appropriate eligibility list, the Employee
Relations Officer may prepare a list from one or more existing related lists by selecting names of
eligibles from eligibility lists for classifications which are assigned to the same or higher pay range
and which have minimum qualifications similar to those of the classifications which the vacancy
exists.
4.60 FINAL DECISIONS OF SELE*ON: The Depaaanent Director or designee shall recommend
a final candidate for appointment to a vacant position to the Employee Relations Officer. All
appointments shall be subject to Employee Relations Officer's review and City Manager's final
approval before becoming effective. If the selected candidate accepts the appointment and reports
for duty within the agreed upon time, the applicant shall be deemed appointed to the position.
If the selected candidate does not report to duty within the agreed upon time, the candidate shall be
deemed to have declined the appointment. By mutual agreement of the Department Director, the
Employee Relations Officer and the candidate, the date of the appointment may be changed.
4.65 PRE-EMPLOYMENT PHYSICAL: Each person accepting employment with the City shall be
required at the City's option to successfully complete a pre*mployment physical at a City designated
medical facility at City cost before an appointment to such employment becomes effective.
This Section shall also apply to changes of employment within the City when the new position places
substantially more physical demands upon the employee. The results of the examination shall be
kept confidential in a separate file and shall be viewed only to assess whether the employee has the
ability to perform the essential functions of the job, with or without reasonable accommodation.
4.70 EMPLOYMENT ELIGIBILITY VERIFIC*ON: At the time of employment, all persons
employed by the City of La Quinta shall be citizens of the United States or legal residents for
purposes of employment.
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^^P/Y 4.75 PROB*ONARY PERIOD: The first twelve 12) months, or any duly extended period, of all
initial appointment in a regular position shall be deemed a probationary period. The first six 6)
months, or any duly extended period, of all promotional employment appointments shall be deemed
a probationary period. The probationary period shall commence upon the effective date of the
appointment.
During the probationary period for an initial appointment, an employee may be terminated without
the right of appeal, hearing, or resort to any grievance procedure. The probationary period of either
an initial or probationary appointment) may be extended up to an additional six 6) months, at the
discretion of the Employee Relations Officer. The decision to extend the length of an employee's
probationary period must be made prior to the expiration of the original probationary period. Such
a decision shall not be appealable or grievable.
An employee who fails to complete the employee's promotional probationary period satisfactorily
may be reinstated to the position in the same classification from which the employee was promoted,
depending upon availability of the position, unless discharged from the City service as provided in
these Personnel Policies.
4.80 CRIMINAL CONDUCT INELIGIBILITY FOR EMPLOYMEN*1: Except as otherwise
hereinafter provided, no person convicted of a misdemeanor involving moral turpitude or a felony
shall be eligible for employment in the service of the City; however, the Employee Relations Officer
may disregard such conviction if he/she finds and determii*es that mitigating circumstances exist,
such as, but limited to, evidence of rehabilitation, length of tiine elapsed since such conviction, the
age of such person at the time of conviction, or the fact that the classification applied for is unrelated
to such conviction.
Only the City Manager, City Attorney, and the Employee Relations Officer are authorized to have
access to the State Sunirnary Criminal History Information" as provided for in Section 11105 of the
Penal code of the State of California
4.85 RESIGN*ON: Employees who desire to terminate their service with the City should submit
a written resignation to the Department Director at least two 2) weeks prior to the effective date of
the resignation. The resignation becomes effective when received or confirmed in writing by the
City. The resignation may be revoked upon mutual consent of the employee, Department Director
and the Employee Relations Officer up to the effective date of the resignation. Failure to comply
with this requirement may be cause for denying future employment with the City.
SECTION 5.' COMPENSATION AND EVALUATION
5.05 SALARY AT APPOINTh*: Except as otherwise stated in this Section, all new employees
shall be appointed at the first Step of the salary range to which their class is assigned.
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^^P0YWhen the proposed employee's education, tra*ng and experience are deemed superior and justi*
a salary in excess of the first Step, the Department Director may recommend to the City Manager
offering employment in excess of Step A. City Manager approval must be obtained prior to making
an offer of employment. All final appointments are subject to the City Manager's approval,
regardless of the Step at which the employee is appointed.
5.10 EMPLOYEE PERFORMANCE EVALU*ON: Regular reports on forms prescribed by the
Employee Relations Officer shall be made as to the efficiency, competency, conduct and merit of
all employees appointed by the City Manager. Performance evaluations are required to be given at
after twelve 12) months at the completion of an initial probationary appointment, or after six 6)
months at the completion of a promotional probationary appointment and annually thereafter.
As outlined in Section 4.75, any decision to extend an employee's probationary period must be made
prior to the expiration of the original probationary period.
Any evaluation which warrants a merit increase but is not completed by the designated review date
shall be retroactively paid back to that review date. In addition to those occasions referenced by this
Section, a Supervisor may render a performance evaluation at any time when performance issues
arise, whether positive or negative, when there is a change in assignment and/or when there is a
change in supervisor or management.
During the performance evaluation meeting, the employee and Supervisor shall review and discuss
the employee's significant accomplishments, training, problem or improvement areas, and future
development and objectives. After reviewing the job description, duties, and any established
performance standards for that position, an evaluation shall be made by the Supervisor as to whether
the employee's performance meets City standards.
An explanation must accompany any unacceptable or conditional judgment. The employee shall
have an opportunity to review the employee's performance evaluation report and agree or disagree
with it.
Based upon the Performance Evaluation Report, the Supervisor may make appropriate
recommendations to the Employee Relations Officer regarding a possible merit inerese, promotion,
or other action. City Manager approval is required for all such actions.
The Employee Relations Officer reserves the right to review performance evaluation prior to review
with the employee.
The employee shall have the right to attach a written response to the corresponding performance
evaluation in his*er personnel file. This response must be made within ten 10) working days of
receiving the evaluation.
No other administrative reply or appeal shall be allowed.
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The employee and Supervisor must sign and date the report. If the employee refuses to sign the
*QrL, the Supervisor shall note this fact and any circumstances surrounding the employee's refusal
on the Performance Evaluation Report. Copies of the report shall be distributed to the employee,
the Department Director and Employee Relations Officer.
Performance evaluations shall not be subject to the grievance process. See Section 12.10.2).
5.15 PROGRESSION ON MERIT STEPS:
5.15.1 Re*ular Full-time and Regular Part4ime Em*ployeei shall earn Merit Step increases based
on meeting or exceeding satisfactory performance of duties in the overall rating, as follows:
A. Normal Progression: From the date of employment until the successful conclusion of the
probationary period, no Merit Step increase shall be granted. At the end of a successful probationary
period, the employee may become eligible for a Merit Step increase provided that the employee's
overall performance makes the employee eligible for consideration for such. Thereafter,
consideration of possible eligibility for Merit Step increases shall occur at twelve 12) month
intervals, provided the employee's performance meets the required criteria set forth herein, until such
tune as the employee reaches the top salary Step available for the employee's position. Employees
must achieve at least an overall meets job standards" to be deemed to be eligible for consideration
of a Merit Step increase. An employee who merely meets job standards is not, thereby, guaranteed
a Merit Step increase. An employee who receives an overall performance mark less than meets job
standards" shall not be eligible for consideration of a Merit Step increase. Nothing in this Section
shall preclude the City from adopting new evaluation procedures and forms.
B. *: From the date of promotion until the successful conclusion of the
probationary period, no Merit Step increase may be granted. When an employee is promoted to a
classification with greater salary range, his/her salary increases to an appropriate Step within the
grade of the new job classification. An employee who is promoted shall be compensated at the Step
in the new salary range which comes nearest to but not less than five 5%) per cent higher than the
Step the employee held in the previous salary range.
All promoted employees who successfully pass their probationary periods are eligible for a Merit
Step increase to the next Step in the salary range of their new classification, again provided they
satisf** the eligibility criteria set forth herein, and annually, thereafter, from the date of the
promotional review until the employee's salary reaches the last Step within the grade.
5.20 Salarv Anniversary Date: The employee's salary anniversary date shall be twelve 12).
months after the hire date or at the conclusion of the employee's probationary period whichever is
latest), and annually thereafter. If the employee is promoted, demoted or reclassified the employee's
hire date shall be the date of the personnel action and the salary anniversary date shall be adjusted
as outlined in these policies.
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^^P2Y5 25 1 Bilingual Pay Each full time employee, who has qualified for bilingual compensation under
this section shall receive additional compensation of $.25 per hour. Upon approval by the Employee
Relations E R.O the employee shall be authorized to receive bilingual compensation starting with
the next pay period..
5.25.2 Eligibility: The E.R.O. will designate one full time employee to perform bilingual services
for the public to all City departments. The employee will be selected based on 1) their bilingual
ability as determined by a test administered by a properly accredited outside professional, agency,
or program; and 2) accessibility to the public.
Additional employee(s), may receive bilingual compensation, if as a part oftheirjob function and
regular duties they provide, within their department, bilingual translation for the public at least 10%
of their time. A Department Director who determines that an employee is providing such services
may make application to the E.R.O. on a form supplied to him/her to authorize bilingual
compensation for such employee s).
When the skill is no longer needed or the employee is not required to use it or ceases to possess it,
the department head shall terminate the bilingual compensation by written notice to the E.R.O. The
E.R.O. may also terminate the bilingual compensation if he/she makes a like determination, and shall
notify the department head. In either case, the department head shall notify the employee.
An employee not receiving bilingual compensation shall not be expected to perform bilingual
services.
SECTION 6: ATTENDANCE AND HOURS OF WORK
6.05 WORKWEEK AND OVER*E: The workweek for City employees shall begin at 12:01
Monday and end at 12:00 p.m. midnight) Sunday night. The basic work week for full-time
employees shall be forty 40) hours, rendered in units of eight 8) hours per day. The City may
assign a different work week when it is deemed to be beneficial to the City. Except in cases of
emergencies, the City will provide.a two-week notice for schedule changes.
For any illness or emergency absence from work, the employee must notify the Supervisor within
the first half hour of normal reporting time unless extraordinary circumstances prevent such
notification. Each Department Director is responsible for establishing a specific department call-in
policy and procedure and for ensuring that each employee is advised of the policy and procedure.
General Non-Exempt positions: For general non-exempt positions, which do not meet one of the
FLSA exemption categories, overtime hours worked shall be compensated for time actually worked
in excess of forty 40) hours in a work week. Floating Holiday hours, sick leave hours, vacation, or
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^^P3Ycompensatory time used, will not be *cluded as time worked for purposes of calculating FLSA
overtime. Legal holidays, for which City Offices are closed, will be recog(iized as time worked for
purposes of calculating overtime.
Overtime for General Non-Exempt employees shall be compensated in one of the following two
ways:
A. As paid time at the one-and-one half rate of pay; or
B. As compensatory time as accrued at the one-and-one-half rate of pay.
Prior to overtime being authorized, the employee and the employee's Supervisor shall agree as to
how the employee shall be compensated i.e. paid time or compensatory time). If the employee and
Supervisor do not agree on the method of compensation, the Supervisor may ask another employee
to perform the overtime work. If the Supervisor requires that a particular employee perform the
overtime, yet they cannot agree on the method of compensation, then the employee shall be given
the choice of how the employee wishes to be compensated.
Compensatory time accumulated under these Policies is vested time and must be utilized or paid in
conjunction with termination of employment.
6.10 NO GUAR*ThE OF HOURS: Nothing contained in these Policies shall be construed to
constitute a guarantee of minimum hours of work per day or per work week or of days of work per
work week, provided that when reasonably possible at least fourteen 14) calendar days advance
notice shall be given to each employee whose work hours are to be reduced. When economic
conditions dictate, management may direct a reduction of hours, a furlough, or a reduction-in-force.
6.15 STAND-BY AND CALL-BACK POLIC*: Policies relating to stand-by and call-back duty
shall be established by the Employee Relations Officer. *or more information on stand-by and call-
back requirements and compensation; reference Section 14.35).
6.20 *ME SHEETS: All City employees must complete time sheets showing hours worked and
leave taken. Time sheets must be signed by the individual employee, the employee's Supervisor and
Department Director. Time shee* will be reviewed and audited by the Finance Department
Notice of any correction(s) to the time sheet will be sent to the employee and the Department
Director. Such corrections will be deemed final unless questioned by the employee within thirty 30)
days after notice of correction has been given to the employee. Unresolved matters may be taken
to the Employee Relations Officer for review and recommendation. Final determination shall be
made by the Employee Relations Officer.
6.25 ABANDONMENT OF EMPLOYM**N1: An employee who is absent, without authorized
leave, for treee 3) or more consecutive work days is deemed tb have resigned his/her employment
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^^P4Ywith the City. If the Depart:ment Director, with the concurrence of the Employee Relations Officer,
determines that extenuating circumstances exist, the resignation may be rescinded, in which case,
the absence may be covered by leave, with or without pay, if so approved by the Employee Relations
Officer.
6.30 LUNCH AND BREAK POLICY: Employees may take one break in the morning before 11:00
a.m.) and one in the afternoon after 2:00p.m.). Break periods shall not exceed fifteen 15) minuteS.
Non-compensated lunch periods shall be at least thirty 30) minutes, but no more than sixty 60)
minutes per day. Employees are expected to conform their lunch hours in accordance with
department schedules. As department schedules may not permit all employees to take lunch between
12:00 noon and 1:00 p.m.* the Depa:tnert Director may authorize staggered lunch periods
throughout the late morning and early afternoon.
Break and lunch periods may be taken only in the time period for which they are designated and may
not be accrued. Extenuating circumstances, as determined by the immediate Supervisor, may
establish cause for variation from the scheduling of break and lunch periods.
Management employees are expected to conform generally to the established standard for General
Employees. Although flexibility is provided for salaried employees to exercise judgement in
maintaining their work schedule, this schedule should not be to the detriment of work production.
SECTION 7: LEAVES
7.05 JuRY DUTY AND WITNESS LEAVE: No employee shall be dismissed or in any manner
discriminated against for taking time off from work to serve as ajuror or witness when required by
law provided such an employee complies with the provisions of this Section. An employee called
to serve as a juror or witness shall noti* the employee's Supervisor at least one 1) week prior to
the commencement of such service, unless extenuating circumstances exist.
Any employee of the City called as a juror or witness shall be entitled to be absent from the
employee's duties with the City as long as required by the court system or other t:tribunal. The
employee may be required by their department director to obtain a jury calendar or assignment sheet
weekly during such service. The jury calendar or assignment sheet shall be signed by the jury clerk
or commissioner and delivered to the employee's Supervisor at the end of each week to veri* jury
duty or witness service.
If a regular employee on an alternative work schedule is summoned for jury duty, the Department
Director or designee shall convert the employee's usual work shift to a regular five 5) day, Monday
through Friday shift basis. An employee required to serve on jury duty shall be entitled to the
employee's regular rate of pay, provided the employee deposits any fees for service, excluding
mileage, with the City. A temporary, seasonal, or emergency employee called for jury duty will not
be compensated for time lost while on jury duty, but shall be entitled to retain the employee's jury
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^^P5Yfees.
Any employee required to be absent from work on behalf of the City by proper subpoena issued by
a court or other legally empowered agency, shall be entitled to be absent from work at the
employee's regular rate of pay, provided that any fees, except mileage, are deposited with the City.
An employee required to be present as a witness in any other matter shall not be entitled to be paid
during such absence.
An employee who is released by the court from jury duty on any regularly scheduled work day shall
contact his or her Supervisor to find out whether he or she is required to return to work. An
employee who is scheduled for stand-by duty while serving on jury duty shall be rescheduled for
stand-by duty after the conclusion of jury duty, unless the employee agrees to serve both.
7.10 PREGNANCY DISABILITY LEA VET: Pursuant to Government Code Section 12945, a
pregnant employee shall be entitled to a leave of absence without pay for up to four 4) months so
long as the employee's attending physicians certifies that she is physically unable to work due to
pregnancy or pregnancy-related conditions. At the commencement of a pregnancy leave of absence,
employees have the option of using accrued sick leave, vacation, compensatory time-off, or
administ*ve leave allowances, as well as disability pay, and thus, continuing to receive pay. City
pay will cease when all accrued allowances have been used, and the employee shall receive leave
without pay and be subject to all policies except as modified herein. The use of accrued time-off
shall not extend the length of the leave.
When an employee is on pregnancy disability leave, the City shall continue its slarre of payment*
for insurance benefit premiums i.e., health, life, AD&D, vision, disability, dental) for the employee
and her dependents. The City's continuation of payment of PERS retirement contributions is
dependent upon the disability plan in effect at the time the disability leave is requested. Vacation
time, sick leave, administrative leave, and holidays shall not accrue during a pregnancy leave of
absence unless the employee is continuing to receive their full customary pay by utilizing accrued
sick leave, vacation, compensatory time-off or administrative leave allowances. If an employee
elects to receive pay for less than their full customary pay, all employee benefits other than the
insurance benefits listed above) will be pro-rated. Employees on pregnancy disability leave may
also be eligible for benefits under the State Disability Insurance Plan SD!) or the City's Long-Term
Disability Program. *mployees must file a claim in order to receive these benefits. Forms are
available from the City's Personnel Office.
If an employee takes a pregnancy disability leave of absence while on probation, her probati6nary
period shall be extended the same length of time as the pregnancy leave. Any extensions of the
probationary period which arise as a result of this policy shall not be perceived as casting aspersions
on any employee, but rather as a way to more accurately monitor employee performance.
A request for pregnancy disability leave of absence should be submitted by the employee as soon as
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^^P6Yfeasible after the employee learns of her disability. The employee must provide a wn*tten statement
from her physician indicating the date the physician believes the leave of absence should begin and
the estimated date of birth and the estimated date the employee will return to work.
The City may require a pregnant employee who wishes to continue working to provide physician's
statement approving the continuance of her current work duties.
Before returning to work following a pregnancy disability leave of absence, the employee shall
submit a physician's. verification stating the employee's ability to return to work. Unless the leave
is otherwise extended, the employee shall be required to return to work full-time.
Upon expiration of the approved leave, the employee shall be reinstated to her former position or to
a comparable one if the former position is abolished during the period of leave and the employee
would otherwise not have been laid-off. The comparable position is one having similar terms of pay,
location, job content and promotional opportunities. Failure to return to work after the authorized
four month leave period causes the employee to have no reinstatement rights. Additionally, an
employee who fails to return to work may be required to reimburse the City for the City's
contribution for health benefits during the pregnancy disability leave.
7.15 MILITARY LEAVE: Military Reserve Leave shall be granted under the provisions of State and
Federal law, which in pertinent part at the present time, defines military duty" ordered for purposes
of active military training, encampment, naval cruises, special exercises, or like activity as such
member, provided that the period of ordered duty does not exceed one hundred eighty 180) calendar
days in a fiscal year, including time involved in going to and returning from the duty, but not foi
iti*e'tiy* duty for training) such as scheduled reserve drill periods.
For the purposes of this Section, active military training" shall be defined as a period of training
i.e. encampment, naval cruises, special exercises, or like activities) which normally occurs once
a year over a two-week interval. Inactive duty for training" and scheduled reserve drill periods"
shall be defined as the weekend period of training which are scheduled once a month. Such weekend
drills do not conflict with normal working hours within the City.
Employees must submit a copy of military orders to their Department Director and the Employee
Relations Officer prior to the beginning of the military leave period and as soon as the employee
knows of the need to request such leave, except where military necessity dictates.
Regular and probationary employees shall receive their full regular pay during the first thirty 30)
calendar days of military leave" in any one fiscal year. After the first thirty 30) days of military
leave in a fiscal year, employees may take a leave of absence without pay or they may utilize their
vacation, administrative leave, or compensatory time-off in order to fulfill their military duties.
Regular and probationary employees on a military leave of absence shall receive the same vacation,
sick leave and holiday*privileges and the same rights and privileges to promotions, continuance in
office, employment, reappointment to office, or re-employment that they would have enjoyed had
they not been absent therefrom.
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^^P7Y Contributions to retirement, life insurance and medical and dental plans shall be suspended after the
first thirty 30) consecutive calendar days of military leave until the employee is reinstated.
However, upon approval of a leave of absence without pay, the employee may elect to continue
benefits coverage at his/her own expense, with the exception of retirement.
Except for probationary employees, an employee's salary anniversary date shall be extended if
his/her military leave of absence is in excess of thirty 30) days per fiscal year. If an employee's
military leave of absence exceeds thirty 30) days per fiscal year, his/her salary anniversary date shall
be extended the same length of time as his/her leave of absence, minus the first thirty 30) days i.e.
if the employee's military leave of absence is forty-five 45) days, the employee's salary anniversary
date shall be extended fifteen 15) days).
If an employee is required to perform military reserve duties while on probation, his/her probationary
period shall be extended the same length of time as the military leave. Such extensions of salary
anniversary dates and probationary periods which arise as a result of this policy shall not be
perceived as casting aspersions on any employee, but rather as a way to more accurately monitor
employee performance.
The City shall reinstate those employees returning from a military leave of one hundred eighty 180)
days or less to the position they occupied prior to taking a military leave of absence or to a position
of comparable seniority, status and pay, if such position exists' upon presentation of a certificate of
satisfactory completion of service and if such employees are qualified to return to their former
positions.
If no such comparable position exists, the employee shall have the same rights and privileges that
he/she would have had if he/she had occupied the position when it ceased to exist and had not taken
a temporary military leave of absence.
Any employee who, in time of war or national emergency as proclaimed by the President or
Congress, is ordered by the military to active duty, shall have a right, if released, separated, or
discharged under conditions other than dishonorable, to return to his/her former classification within
six 6) months after termination of his/her active service with the armed forces, but not later than six
6) months after the end of the war or national emergency. *eference 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 who is not on leave of absence with pay shall be considered to be 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 the employee's accrued compensatory time-off,
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^^P8Yadministrative leave, vacation time and sick leave if appropriate) prior to the start of the leave
without pay. Determination regarding the granting of leave of absence without pay is not grievable.
Department Directors may grant an employee leave of absence without pay for not to exceed forty
40) consecutive hours. Such leaves shall be reported, in writing, to the Employee Relations Officer.
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 40) hours or more shall
also result in a pro-rata reduction of employer paid health benefit payments and extend the
employee's probationary period if applicable) for the same length of time as 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 grunted. Failure on the part of the employee to report
to work promptly at the expiration of the leave shall result in the employee being deemed to have
resigned from employment.
7.25 FAMILY AND MEDICAL LEAVE:
7.25.1 STATEMENT OF POLICY
To the extent not already provided for under current leave policies and provisions, the City will
provide family and medical care leave for eligible employees as required by State and Federal law.
The following provisions set forth certain of the rights and obligations with respect to such leave.
Rights and obligations which are not specifically set forth below are set forth in the Department of
Labor regulations implementing the Federal Family and Medical Leave Act of 1993 FMLA"), and
the regulations of the California Family Rights Act CFRA"). Unless otherwise provided by this
article, Leave" under this article shall mean leave pursuant to the FMLA and CFRA. Employees
may use any accrued leave for the purposes of FMLA leaves, or the time off may be taken as leave
without pay.
7.25.2 DEF*ONS
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.
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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. Spouse" means a husband or wife as defined or recognized under California State law for
purposes of marriage.
E. Serious health conditionTM means an illness, ii*ury impairment, or physical or mental
condition that involves:
1. * 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, t:reatment involved,
or recovery therefrom), or
2. * 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:
L A period * i.e., inability to work, or perform other regular daily
activities due to serious health condition of more than three consecutive
calendar days, and any subsequent t:reat:ment or period of incapacity relating
to the same condition) that also involves:
i) Treatment of two or more times by a health care provider, by a nurse
or physician's assistant under direct Supervision by a health care
provider, or by a provider of health care services e.g., a physical
therapist) under orders of, or on referral by, a health care provider; or
ii) Treatment by a health care provider on at least one occasion which
results in a regimen of continuing treatment under the supervision of
the health care provider. This includes, for example, a course of
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^^P:Y 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. Thi*s 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 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
quali* 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 t:reatment may not be effective. The employee or family member must
be under the continuing supervision of, but need not be receiving active
treatment by, a health care provider.
e. Any period of absence to receive multiple treatments including any period
of recovery therefrom) by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider, either
for restorative surgery after an accident or other ji*jury, or for a condition that
would likely result in a period of incapacity of more than three consecutive
calendar days in the absence of medical intervention or treatment.
F. Health Care Provider means:
A doctor of medicine or osteopathy who is authorized to practice medicine or surgery
by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon
in another state or jurisdiction, including another country, who directly treats or
supervises treatment of a serious health condition.
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^^P;Y 3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors limited
to t:reatrnent consisting of manual manipulation of the spine to correct a subluxation
as demonstrated by X-ray to exist) authorized to practice in California and
performing within the scope of their practice as defined under California State law;
4. Nurse practitioners and nurse-midwives and clinical social workers who are
authorized to practice under California State law and who are performing within the
scope of their practice as defined under California State law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts; and
6. Any health care provider from whom an employer or group health plan*s benefits
manager will accept certification of the existence of a serious health condition to
substantiate a claim for benefits.
7.25.3 REASONS FOR LEAVE
Leave is only permitted for the following reasons:
A. The birth of a child or to care for a newborn of an employee;
B. The placement of a child with an employee in connection with the adoption or foster care of
a child;
C. Leave to care for a child, parent or a spouse who has a serious health condition; or
D. Leave because of a serious health condition that makes the employee unable to perform the
flinctions of his/her position*
7.25.4 EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; and
B. Has been employed for at least 1,250 hours during the 12-month period immediately
preceding the commencement of the leave.
7.25.5 AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 workweeks of leave during any I 2-month period.
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^^P<YA. Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care
placement of a child of the employee, leave must be concluded within one year of the birth
or placement of the child. In addition, the basic minimum duration of such leave is two
weeks. However, an employee is entitled to leave for one of these purposes e.g., bonding
with a newborn) for at least one day, but less than two weeks duration on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself with a
serious health condition, there is no minimum amount of leave that must be taken. However,
the notice and medical certification provisions of this policy must be complied with.
B. Spouses Both Employed Bv 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 the employees' child
i.e., bonding leave). This limitation does not apply to any other type of leave under this
policy.
7.25.6 EMPLOYEE BENEFITS WHILE ON LEAVE
For the duration of the Family and Medical Leave, the City of La Quinta will maintain its current
payment for the employee's health coverage medical, dental, prescription, and vision) under its
group health plan. The City may recover its costs for these benefits if the employee fails to return
to work after the conclusion of the leave.
7.25.7. EMPLOYEE N*CE OF LEAVE
Although the City recognizes that emergencies arise which may require employees to request
immediate leave, employees are required to give as much notice as possible of their need for leave.
If leave is foreseeable, at least 30 days notice is required. In addition, if an employee knows that
he/she will need leave in the future, but does not know the exact date(s) e.g., for the birth of a child
or to take care of a newborn), the employee shall inform hisiher supervisor as soon as possible that
such leave will be needed. Such notice may be orally given. If the City determines that an
employee's notice is inadequate or the employee knew about the requested leave in advance of the
request, the City may delay the granting of the leave until it can, in its discretion, adequately cover
the position with a substitute.
7.25.8 REINSTAThMENT UPON RETURN FROM LEAVE
A. Right To Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated
to the position of employment held when the leave commenced, or to an equivalent position
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^^P=Y with equivale** employ*en* benefits, pay, and other terms and conditio* of employm***
Employee5 have no greater * to reinstatement, benefits and other Conditions of
Period.
employment than if the employee had been continuously employed during the FMLAICFRA
If a definite date 0f reinstatement has been agi* 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 **eement of the employee and City, the employee will be reinstated within two
to ret**
business days, where feasible, after the employee notifies the employer of his/her readiness
B.
Employee5 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 Ijuty C**tifi*tion: As a condition Of reinstatemerit of an employee whose leave
was due to the employee*50* serious health condition, which made the employee unable
to perform his/her j0b, 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. * *f Kev F*DloveesJi: The City may deny reinstate*entto a key11 employee
i.e., an employee who is among the highest paid 10percent of all employed by the City
within 75 miles of the worksite) 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 dete*inesth*t
such injury would occ*,
7.25.9 *QUl*D FORMS
Employees must fi11 out the following applicable forms in connecti0n with leave under this policy:
A. Request For Family or Medial Leave Form11 Prepared by the City to be eligible for Leave.
B. Medical Certificati0n either for the employee* own serious health condition or for the
serious health condition of a child, parent or spouse;
C. Authorization for Payroll deductions for benefit plan Coverage Continuation; and
Fitne55 for duty to return from leave form.
to Labor Code
230.8, an employee may Use Ul) to*4O hours Of paid or unpaid leave **Ually to attend school-related
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^^P>Yactivities for a child.
7.30 ON-THE-JOB-INJURIES AND WORKERS' COMPENS*ON COVERAGE: All injuries
and illnesses arising out of and in the course of employment with the City, including first aid
injuries, shall be reported immediately to the appropriate Supervisor. The Supervisor shall
immediately notify the Personnel Department of the accident. The Personnel Department shall be
responsible for completing an Employer's Report of Occupational Injury or Illness" within five 5)
days of knowledge of occupational injury or illness which results in lost time beyond the day of the
incident. The Personnel Department shall give the injured employee an Employee's Claim for
Workers' Compensation Benefits" form within twenty-four 24) hours of employer knowledge. The
only exception to providing an Employee Claim is with respect to first aid claims".
Any employee incapacitated on account of an injury or illness arising out of and in the course of
employment may be entitled to:
7.30.1 Medical care to cure the injury;
7.30.2 Rehabilitation services necessary to return to work; and
7.30.3 Temporary disability" payments in lieu of lost wages, commencing three 3) days after the
injury occurs.
If an occupational injury or illness is severe and requires immediate medical attention, first aid
should be rendered and medical treatment should be obtained at the closest City-designated medical
treatment facility. For severe accidents occurring outside the City limits, medical treatment should
be obtained at the closest medical facility. Use of paramedic services is automatically authorized
if the injury is life threatening.
In the case of an occupational injury which requires medical attention within the first twenty-four
24) hours or develops symptoms after the first twenty-four 24) hours following the injury, the
employee shall immediately notify the employee's Supervisor and the employee's Supervisor shall
notify the Employee Relations Officer. If the employee has not submitted a properly completed
Employee Notification of Personal Physician" form to the Employee Relations Officer for treatment
ofjob-related injuries, all medical treatment shall be provided th:rough the City's designated medical
service providers for the first thirty 30) days after the date of the injury.
If the employee has submit ted a properly completed Employee Notification of Personal Physician"
form to the Employee Relations Officer for treatment ofjob-related injuries, an appointment may
be scheduled with the employee-designated medical service provider. The employee shall noti* the
Employee Relations Officer prior to scheduling the appointment, if the employee has chosen to be
treated by an employee-designated medical service provider.
A regular employee who is disabled by injury or illness arising out of and in the course and scope
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^^P?Y of the employee's duties shall suffer no loss in City pay or accrued sick leave for the first three 3)
days of absence from work because of such disability. If a regular employee's absence persists in
excess of three 3) days, the employee may be eligible for temporary disability" payments. The
*temporary disability" payment an employee can expect to receive from Workers' Compensation
Insurance shall be determined by state law.
City policy allows for regular employees incapacitated by reason of an injury or illness arising out
of and in the course of their employment to receive a sum which, when added to the amount of
temporary disability payment, will result in a payment equal to such an employee's regular
compensation for a maximum period of one 1) year. The one 1) year period need not be
consecutive if the employee's absence is directly traceable to a single incident.
Such workers' compensation shall commence three 3) days after the injury occurs, or after
temporary disability begins, and shall conclude with the terminating of such a temporary disability,
upon reaching a permanent and stationary condition, as determined by competent medical evidence,
or upon the completion of one 1) year on-the-job injury leave, whichever come first. Employees
with injuries or illnesses that persist beyond one 1) year may be eligible for Workers' Compensation
temporary or permanent disability payments. Workers' Compensation income is non-taxable.
Except for probationary employees, an employee's anniversary date shall be extended if the
employee's Workers' Compensation-related injury or illness is in excess of thirty 30) days per fiscal
year. If an employee's Workers' Compensation-related injury or illness exceeds thirty 30) days per
fiscal year, the employee's anniversary date shall be extended the same length of time as the injury
or illness, minus the first thirty 30) days i.e. if the employee's injury or illness is forty-five 45)
days, the employee's anniversary date shall be extended fifteen 15) days). If an employee
experiences a Workers' Compensation-related injury or illness while on probation, the employee's
probationary period shall be extended the same length of time as the injury or illness. Such
extensions of anniversary dates and probationary periods which arise as a result of this policy shall
not be a negative reflection on any employee, but rather as a way to more accurately monitor
employee performance.
Workers' Compensation Leave and benefits shall be granted to an employee upon presentation to
the City of properly completed claim form and presentation of a physician's certificate of temporary
disability status. A claim denied by the Workers' Compensation Board, a written statement from
the treating physician indicating that the employee's condition is permanent and stationary, or
separation from City service shall terminate an employee's eligibility for Workers' Compensation
Leave and any applicable benefits for that particular injury or illness.
The City maintains its right to require that an employee receiving Worker's Compensation benefits
see a City-designated physician on a periodic basis to determine the employee's disability status.
When an employee is given a permanent disability rating by the Disability Rating Bureau of
Workers' Compensation Appeals Board of the State of California, the employee may return to work
provided that the employee can perform their assigned duties safely without endangering the
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^^P@Yemployee's health or safety, or that of others.
The City also maintains its right to require an employee to return to work on a limited duty" status,
provided that the employee has received authorization from the City-designated physician as well
as from the Employee Relations Officer and the Department Director. Such limited duty" status
must be of a temporary nature' does not have to be in the same position or department, and is subject
to Employee Relations Officer approval.
Additional information concerning Workers' Compensation Leave or benefits may be obtained by
contacting the Employee Relations Officer.
7.35 DISABILITY LEAVE: Full time and part time in excess of 30 hours per week) employees may
be eligible for disability leave from the City for non-industrial illness or injury of a significant nature
which would not be covered by the terms of Section 14.20, Sick Leave or Section 7.25, Family and
Medical Leave; although these leaves may run concurrently with disability. Disability leave requires
that the employee's attending physician certify that the employee is physically unable to work and
indicate the estimated length of leave necessary.
During said disability leave, the employee has the option of using accrued sick leave, vacation'
compensatory time-off or administrative leave allowances, as well as disability pay, and thus,
continue to receive full pay. City pay will cease when all accrued allowances have been used and
the employee will receive only disability pay.
When an employee is on disability leave, the City shall continue its share of payment for insurance
benefit premiums i.e., health, life, AD&D, disability, vision and dental) for the employee and
dependents. The City's continuation of payment of PERS retirement contributions is dependent
upon the disability plan in effect at the time the disability leave is requested. Vacation time, sick
leave, administrative leave, and holidays shall not accrue during a disability leave unless the
employee is continuing to receive their full customary pay by utilizing accrued sick leave, vacation'
compensatory time-off or administrative leave allowances. If an employee elects to receive pay for
less than their full customary pay, employee benefits other than the insurance benefits listed above)
shall be pro-rated.
If an employee's disability leave exceeds twelve 12) workweeks, participation in the group health
insurance plan shall terminate unless the employee elects to retain said coverage at the employee's
expense. This coverage shall be available under the same requirements and restrictions of the
COBRA Continuation as provided by the City's health insurance carrier.
If an employee takes a disability leave while on probation' the probationary period shall be extended
the same length of time as the disability leave. Any extension of the probationary period shall not
be perceived as casting aspersions on any employee, but rather as a way to more accurately monitor
employee performance.
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^^PAY Before returning to work following a disability leave of absence, the employee shall submit a
verification from their attending physician stating that the employee is able to return to work. Unless
the leave is otherwise extended, the employee shall be required to return to work flill-time.
Upon expiration of the approved leave, the employee shall be reinstated to their former position or
to a comparable one if the former position is abolished during the period of leave and the employee
would otherwise not have been laid*ff The comparable position is one having similar terms of pay,
location, job content and promotional opportunities. Failure to return to work after the authorized
leave causes the employee to have no reinstatement rights.
The City will hold a position available for an employee on disability leave for up to twelve 12)
workweeks. Beyond that length of time, the City may, at its sole discretion, elect to permanently
replace the employee.
The actual terms and benefits of the City's disability leave are governed by the disability insurance
program in effect at the time the disability leave is requested. Benefits are subject to change at any
time by the City. Employees should inquire about disability leave through the office of the
Employee Relations Officer.
SECTION 8: CONDUCT AND DISCIPLINARY GUIDELINES
8.05 Grounds for Disciplinary Action: Employee misconduct shall be cause for disciplinary action.
In addition to any actionable or other cause allowed by statute, ordinance or law, the following
nonexclusive listings shall constitute cause for disciplinary action any one of which may be
sufficient basis to take disciplinary action up to and including termination):
8.05.1 Falsi*ing any information supplied to the City including, but not limited to, information
supplied on application forms, employment records, or any other City records, reports, or document
prepared by the employee.
8.05.2 Incompetency.
8.05.3 Inefficiency.
8.05.4 Neglect of duty.
8.05.5 Insubordination; failure to follow instructions.
8.05.6 Dishonesty.
8.05.7 Consumption of alcoholic beverages or consuming controlled substances while on duty or
In such close time proximity thereof as to cause any detrimental effect upon the employee or upon
other employees.
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^^PBY8.05.8 The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute
grounds for dismissal of any employee. The record of conviction shall be Conclusive evidence only
of the fact that the conviction occurred. The Department Director or designee may inquire into the
circumstances surrounding the commission of the crime in order to fix the degree of discipline, or
the determination if such conviction is an offense involving moral turpitude. A plea or verdict of
guilty, or a conviction showing a plea of nob contendere made to charge a felony or any offense
involving moral turpitude, is deemed to be a conviction within the meaning of this Section. The
Department Director or designee may suspend or dismiss said employee when the time for appeal
has elapsed or the judgment of the conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence, irrespective of a subsequent order under
the provisions of Section 1203.4 of the Penal Code of the State of California allowing such person
to withdraw his plea of guilty and enter a plea of not guilty, or setting aside a verdict of guilty, or
dismissing the accusation or indictment.
8.05.9 Absence without leave.
8.05.10 Immoral conduct.
8.05.11 Discourteous treatment of the public or other employees.
8.05.12 Political activity precluded by state or federal law.
8.05.13 Misuse or unauthorized use of City property.
8.05.14 Violation of a City or departmental rule, policy, procedure, or these Policies.
8.05.15 Failure to possess or keep in effect any license, certificate, or other similar
requirement necessary for the employee to perform the duties of the job position or required by such
job classification.
8.05.16 Unlawful discrimination, including harassment, on the basis of race, religious creed,
color, national origin, ancestry, physical handicap, marital status, sex, or age against the public or
other employee while acting in the capacity of a City employee.
8.05.17 Wilfull failure of good conduct tending to injure the public service.
8.05.18 Excessive absences, unexcused absence(s), or tardiness.
8.05.19 Misuse of sick leave.
8.05.20 Failure to report for health examination after due notice.
8.05.21 Two or more consecutive unsatisfactory performance evaluations.
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^^PCY 8.05.22 Refusal to subscribe to*y oath or affirmation which is required by law in connection
with City employment.
8.05.23 Any willful act of conduct undertaken in bad faith, either during or outside of duty
hours which is of such a nature that it causes discredit to the City, the employee's department or
division.
8.05.24 Inattention to duty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
8.05.25 Mental or physical impairment which render the employee unable to perform the
essential functions: of the job without reasonable accommodation, or without presenting a direct
threat to the health and safety of self or others.
8.05.26 Outside employment not specifically authorized by the appointing authority.
8.05.27 Acceptance from any source of a reward, gift, or other form of remuneration in
addition to regular compensation to an employee for the performance of his or her official duties.
8.05.28 The refusal of any officer or employee of the City to testi* under oath before any
Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of
government bribery or misconduct in agency office is involved shall constitute of itself sufficient
ground for the immediate discharge of such officer or employee.
8.05.29 Willful violation of any of the provisions of the ordinances, resolutions or any
Policies, regulations or policies which may be prescribed by the City.
8.05.30 Working overtime without authorization.
8.05.31 Any other f*ilure of good behavior which is of such nature that it causes discredit to
the City or his or her employment.
SECTION 9: DISCIPLINARY ACTIONS
Disciplinary Action" means action taken by the
Department Director or designee for disciplinary reasons, pursuant to these Policies. Nothing in
these Policies requires imposition of disciplinary action in any particular order of severity or pursuant
to the number of prior disciplinary actions. Such disciplinary actions include:
A. informal discussion;
B. a formal warning;
C. a written reprimand;
D. disciplinary suspension;
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^^PDY E. reduction in pay;
F. demotion; or
0. dismissal.
9.10 INFORMAL DISCUSSION An informal discussion is designed to clarify standards, policies
and procedures or Policies and regulations so that problems are resolved early and thus, the need to
utilize disciplinary action may be avoided. Not appealable)
9.15 FORMAL WAR**G: A formal warning shall be given in response to minor misconduct. The
warning should be prompt, constructive, and every effort shall be made for the formal warning to
be given in private. The Supervisor should include in the formal warning a review of appropriate
department standards and policies, employee performance expected in the future and consequences
for failure to correct performance or behavior. The formal warning shall be written. *ot
appealable)
9.20 WRITTEN REPRIMAND: A written communication to the employee that the same or related
offense has been committed. The written reprimand shall be given by the Department Director or
designated authority when a formal warning has not succeeded in stopping the misconduct, or when
the misconduct is considered so serious as to warrant more than a formal warning. Misconduct
includes failure to meet City performance standards.
The Department Director should first counsel the employee about the misconduct, as if giving a
formal warning. At the end of the discussion, if no extenuating circumstances are discovered, the
Department Director will inform the employee that a letter of reprimand will follow and will be
placed in the employee's central personnel file located in the Personnel Office.
The written reprimand should include a full, accurate and factual statement of the reason for the
reprimand including the date and time of the event which is the cause of the reprimand, if applicable,
appropriate department standards and policies, employee performance expected in the future and
consequences for failure to correct performance or behavior. *to appealable)
9.25 DISCIPLINARY SUSP*NSION: Temporary removal of an employee from his or her duties
without pay for misconduct. Disciplinary suspensions without pay deprive an employee of pay for
any period up to thirty 30) workin* days and are given when serious misconduct or repetition of past
problems for which the employee has been reprimanded requlre a strong management response. The
nature of the offense, its severity and the circumstances dictate the length of suspension. Recurrence
of the same or similar offenses can result in a second or third disciplinary suspension of
progressively increased duration or in a disr:nissal. A disciplinary suspension is given an employee
when formal warnings or written reprimands have not been effective, or when the misconduct
warrants more than a reprimand. Employees may be suspended on the spot when there is a clear
threat to the safety of other employees or the public.
9.30 REDU*ON IN PAY: Reduction in pay shall be a decrease in salary to a lower step within
the salary grade for disciplinary purposes. The decrease may be permanent or for a fixed period of
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^^PEY time. Denial of a merit increase or a reclassification downward is not discipline and does not entitle
an employee to notice or right of appeal.
9.35DEM*ON: The Department Director may demote an employee for disciplinary reasons or
because the employee's ability to perform the required duties falls below standards for that position,
provided that the employee has been given a reasonable time to improve. Upon request of the
employee, and with the consent of the Department Director, demotion may be made to a vacant
position. No employee shall be demoted to a position unless he/she possesses the minimum
qualifications for such a position. The Employee Relations Officer must approve all demotions.
9.40 DISCHARGE: Discharge, dismissal or involuntary separation of an employee from City
employment may be imposed when other disciplinary measures have failed, or when an act of
misconduct is deemed appropriate. A regular employee may be discharged for violation of these
Policies.
All documented disciplinary actions will
be placed in the employees' personnel file.
A formal warning should be documented in the format prescribed by the Employee Relations
Officer. The employee shall receive a copy of the documented formal warning, and a copy shall be
placed in the employee's personnel file in the Personnel Departrnen* If the employee chooses to
respond, that reply will also be placed in the employee's personnel file and be attached to the
Supervisor's record of formal warning.
If the action taken is a disciplinary probation. a disciplinary suspension, a reduction may, a
D*mQ**QiL or * documentation shall be in accordance with Section 10.10. A copy of all
such disciplinary documents shall be placed in the employee's central personnel file located in the
Personnel Department. The employee shall acknowledge receipt, in writing, of a copy of such
disciplinary documents. If the employee refuses to acknowledge receipt, in writing, that fact should
be noted in writing.
SECTION 10: DISCIPLINARY PROCEDURES
Pending investigation of an accusation
against an employee, the Employee Relations Officer may approve the temporary administrative re-
assignment of an employee with or without pay, pending the undertaking or completion of an
investigation or opportunity to respond as may be required to determine if any disciplinary action
shall be taken.
10.10 DISCIPLINARY A*ON SUBJECT TO SKELLY PROCEDT*: Prior to a disciplinary
suspension, a reduction in pay, a demotion, or a disciplinary discharge, the procedure set forth in this
Section shall be complied with.
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^^PFY10.10.1 Written Notice: The employee's Supervisor shall give the employee a written notice
of the proposed disciplinary action at least five 5) working days prior to the effective date. The
written notice shall be personally delivered to the employee or sent by certified mail to the
employee's last known address.
The notice generally will include the following information:
A. A description of the proposed action to be taken and its proposed effective date or dates;
B. The specific grounds and particular facts upon which the action is proposed to be taken;
C. The employee's rigi*t to receive a copy of the written materials alleged to support the
proposed actions; and
D. A statement advising the employee of the right to respond, orally or in writing within five
5) working days after receipt of the written notice.
E. That failure to respond by the time specified shall constitute a waiver of the right to respond
prior to final discipline being imposed.
10.10.2 Employee Review and Response: The employee shall be given an opportunity to
review the documents or materials upon which the proposed disciplinary action is based. Within five
5) working days after receipt of the written notice, the employee shall have the right to respond to
the Department Director, orally or in writing, concerning the proposed action.
Failure to respond within the time specified shall result in the employee's waiver of the employee's
pre-disciplinary right to respond. By mutual agreement, the specified time period may be extended.
10.10.3 Employee Rights and Restrictions:
A. * The employee has the right to a representative throughout the pre-
disciplinary process, at the employee's own cost. That representative is chosen by the
employee and may be an attorney, an outside representative, or another City employee. If
a City employee is selected as the representative, that employee's Department Director must
be notified in order to obtain permission to be absent from assigned duties necessary to make
representation. Such permission shall not be unreasonably withheld.
B. Right to Investigate. The employee and the employee's representative wishing to enter a
work area for the purpose of investigating the notice of proposed discipline must first obtain
permission to do so from the work area Supervisor. Any investigation shall be conducted
on non-working time unless the Department Director has granted prior approval to use City
time. Permission in either case shall not be unreasonably withheld, giving consideration to
the work of the department and occupational safety.
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^^PGY 10.10.4 Depa:rnnent Director Decision: The Department Director or designated authority shall,
within five 5) working days, unless the Department Director or designee decides a longer period is
needed, provide a written decision to the employee alter reviewing the employee's response, if any.
The decision shall be personally delivered to the employee or sent by certified mail to the employee's
response and shall be dated and signed by the Department Director. If disciplinary action is to be
taken, the written response shall include a statement informing the employee of*e right to appeal
and the time period within which the appeal must be made.
10.15 APPEAL OF DEPARTMENT DIRECTOR'S DECISIO*: An appeal of a Department
Director's decision shall be made within five 5) working days of receiving the decision. An appeal
shall be accompanied by a copy of the written notice of disciplinary action served on the employee,
the Department Director's written decision, a brief statement of the facts and reasons for the appeal
and a brief statement of the relief requested.
If, within the five 5) day appeal period, the employee involved does not file an appeal, unless good
cause for the failure is shown, the action of the Department Director or designated authority shall
be final, and not subject to any further appeal or right to appeal. If an employee withdraws the
appeal, the employee waives the right to further review. Upon approval of the City Manager, the
Employee Relations Officer may act on his behalf on such matters.
10.20 AMENDED N*CE OF DISCIPLINARY A*ON: At any time before a disciplinary action
becomes final, the Department Director or designated authority may amend the proposed disciplinary
action and provide a supplemental notice of proposed disciplinary action.
A decision not to impose any disciplinary action may be accompanied by a directive from the
Department Director to delete all references to the pending action from the employee's personnel
file(s). Failure by the Department to make further investigations or to provide an additional written
answer shall not affect the ability of the City to impose disciplinary action.
If the amended or supplemental notice of proposed disciplinary action presents new causes or
allegations, the employee shall be provided further written notices proved in Section 10.10.1 and
shall be afforded the opportunity to prepare a response in accordance with Section 10.10.2.
SECTION 11: APPEAL HEARING PROCESS
11.05 HEARING OFFICER: The Hearing Officer is designated to hear appeals on Personnel related
matters, with the exception of grievances. The Hearing Officer shall be an outside independent
person not employed by the City) who is qualified to hear such appeals. The selection of the
Hearing Officer shall be at the sole discretion of the City. If the employee wishes to come to a joint
decision with the City regarding the selection of the Hearing Officer, then the employee shall pay
for one-half 1/2) of any costs of the Hearing Officer.
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^^PHY 1.10 REOUEST FOR APPEAL: Every appeal to the Hearing Officer must be filed within five 5)
working days in writing with the Employee Relations Officer. Failure to file a timely appeal shall *
be deemed a waiver of the right of appeal. The appeal shall state the facts upon which it is based,
the action requested by the Hearing Officer and it shall be signed and dated by the appellant. The
statement of facts in the appeal shall provide in sufficient detail the necessary facts and identi* all
persons or depat:ments concerned in order that the Hearing Officer may understand the nature of the
proceeding and appeal. The appellant's Department Director shall be considered the only respondent
unless the written appeal identifies other respondents. The Employee Relations Officer shall serve
a copy of the appeal on the respondent.
The appellant or respondent may, at any time prior to the hearing, file a written statement setting
forth in detail all facts essential and necessary to support its position. The parties are encouraged to
include with and set forth in the statement all exhibits essential and necessary to support its position
and which it intends to offer into evidence.
11.15 ANSWER: The respondent is not required to file an answer to the appeal. If an answer is filed
prior to the hearing, a copy thereof shall be sent to the appellant by the Employee Relations Officer.
If no answer is filed, every relevant and material allegation of the appeal is in issue; but in any case,
irrelevant and immaterial issues may be excluded by the Hearing Officer.
11.20 TIME FOR HEARING: Within five 5) days alter receipt of an appeal in writing, the
Employee Relations Officer shall notify in writing the appellant and respondent of the date, time and
place of said appeal hearing. Every hearing on an appeal shall commence within thirty 30) days
after notice by the Employee Relations Officer to the appellant and respondent of the date, time and
place of said appeal hearing unless:
11.20.1 The time is extended by mutual consent of the appellant and respondent;
11.20.2 A Hearing Officer cannot be selected within that time, in which case such hearing
shall be scheduled by the Hearing Officer as soon as practicable;
11.20.3 The Employee Relations Officer or the Hearing Officer has granted an extension of
time within which to commence the hearing.
11.25 N*CE OF HEARING: Written notice of the time, and place of hearing of appeal shall be
served by the Employee Relations Officer on the appellant and the respondent within five 5)
working days of receipt of the notice of appeal. This notice may be delivered personally or by
certified mail to the employee's last known address. A respondent or appellant may seek a
continuance of the hearing date by making a written request to the Employee Relations Officer
stating the grounds for such a request and the requested date for the hearing. The Employee
Relations Officer shall have the authority to determine whether to grant a continuance and to set the
hearing date.
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^^PIY 11.30 PRE-HEAl*G MEETING: The Hearing Officer has the authority to require an appellant and
respondent to meet prior to the commencement of a hearing for the purpose of using a good faith
effort to prepare a joint written statements of the claims and defenses and disputed and undisputed
facts and to submit separate written statements where concurrence on such items could not be
achieved. Parties are encouraged to voluntarily meet for this purpose and submit such statements.
11.35 WITNESS LIST AND SUBPOENAS: The respondent and appellant shall submit in writing
to the Employee Relations Officer, at least three 3) working days prior to the start of the hearing,
the name(s) of any witnesses expected to be called during the hearing. The Employee Relations
Officer shall provide each party the names of witnesses so submitted in advance of the hearing. A
respondent or appellant may request approval from the Hearing Officer for the issuance of subpoenas
to compel the person(s) to testi* at a hearing or the production of documents to be brought to a
hearing by submitting a written request to the Employee Relations Officer.
Such a request must state with particularity the person(s) or document(s) sought to be compelled,
and the relevancy of that person(s) or that document(s) or both to the matters to be tried in the
hearing. The Hearing Officer or the Employee Relations Officer, is so delegated, shall cause
subpoenas to be issued when the Hearing Officer or the Ernployee Relations Officer, whichever
applies, deems appropriate.
11.40 NATURE OF HEARING: Each hearing shall be closed unless the appellant requests an open
hearing. Any party may be self represented, have legal counsel or another representative of choice.
The hearing shall be conducted by the Hearing Officer pursuant to these Policies. The Hearing
Officer shall have the authority to: open and adjourn the hearing, rule on evidentiary questions, call,
question, and cross-examine witnesses, call for and introduce documentary evidence for the purpose
of adequately understanding the facts and issues of the hearing, otherwise control the conduct of the
hearing, and meet in closed session with legal counsel to deliberate and prepare findings.
The hearing shall be informal and technical Policies of evidence shall not apply to the proceedings.
Any relevant evidence will be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless. of the existence of any common law
or statutory rule which may make improper admission of such evidence over the objection in civil
actions. Hearsay. evidence may be used for the purpose of supplementing or explaining any direct
evidence, but will not be sufficient in itself to support a finding unless it would be admissible over
objection to the same extent that it is now or hereafter may be recognized in civil actions. Irrelevant,
immaterial, unduly repetitious evidence or evidence protected by the Policies of privilege recognized
by law may be excluded. All testimony at the hearing shall be recorded manually or by mechanical
device or by use of a Certified Short Hand Reporter C SR). In the event a CSR is used, appellant
and respondent shall split costs. All testimony shall be given under oath. Stipulations of fact may
be introduced into evidence with respect to any issue. Each respondent and appellant shall have the
right tQ appear, to speak, to call, to examine, and to cross-examine witnesses including those called
by the Hearing Officer and to introduce documentary and other evidence. If the appellant does not
testify in the appellant's own behalf; the appellant may be called and examined as if under cross-
examination.
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^^PJY11.45 EXCLUSION**WITNESSES: Upon the motion of any appellant, respondent, or upon its
own motion the Hearing Officer may exclude from the hearing room any witnesses not at the time
under examination; but an appellant or respondent to the proceedings or their representatives in the
case shall not be excluded.
11.50 PROPOSED FINDINGS OF FACI: Both appellant and respondent shall have the right to file
proposed findings of facts or a brief or both with the Hearing Officer on or before the date the
hearing is closed. Any party who submits proposed findings of facts, a brief, or both, must serve
such document immediately upon all other parties to the hearing.
11.55 OFFICTALIJUDICIAL N*CE In reaching a decision, the Hearing Officer may take
official notice of any matter which may be judicially noticed by the courts of this State. Parties
present at the hearing will be informed of the matters to be noticed and those matters will be noted
in or appended to the record. Any party will be given a reasonable opportunity on request to refute
the officially noticed matters by evidence or by written or oral presentation of authority, with the
specific manner to be determined by the Hearing Officer.
11.60 ORDER OF PROOF AT HEARING: The order of proof in the hearing will be as follows:
A. The respondent will present evidence in support of the disciplinary action.
B. The appellant or the appellant's representative will produce such evidence as the appellant
may wish to offer in the appellant's defense.
C. Any party may then offer rebuttal evidence, with the respondent having the right of last
rebuttal.
11.65 FINDINGS OF FACT AND RECOMIND*ONS TO THE CITY MANAGER: The
Hearing Officer shall make and certi* written findings of fact and recommendations to the City
Manager no later than thirty 30) working days after completing the Hearing.
11.70 DISPOS*ON OF APPEAL: The City Manager, within ten 10) working days of the receipt
of the Hearing Officer's findings of fact and recommendation, shall adopt, reject or modi* in whole
or in part, the recommendation of the Personnel Board and shall so noti the employee, respondent,
and the Hearing Officer. The City Manager's decision will be final and binding.
11.75 BURDEN OF PROOF: The Respondent carries the ultimate burden of proof of which is a
preponderance of the evidence.
I 1 gp WITHDRAWAL OF AN APPEAL: The appellant may submit a written request to withdraw
the appeal at any time before a final and binding decision is made.
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^^PKY SECTION 12: GRIEVANCES
12.05 MATTERS SUBJECT TO GRIEVANCE PROCEDURES: A *grievance" is ajo*elated
complaint by an employee regarding the terms and conditions of employment which arise out of a
specific fact, situation, or transaction, other than discipline, that results in an alleged violation of
existing ordinances, rules, regulations, or policies administered by the employee's Department
Director or designated authority concerning wages, hours, other terms and conditions of
employment. The solution of any such grievance must be wholly or partially within the province of
the City to rectify.
12.10 MATTERS NOT SUBJECT TO GRIEVANCE PROCEDURES:
The following matters are not subject to the grievance procedure:
12.10.1 Employee discipline as defined in Section 10.10).
12.10.2 Employee performance evaluations, including denial of a step increase, performance
pay increase, and other merit or performance pay issues.
12.10.3 Management of the City generally and issues of City or Department policy.
12.10.4 Necessity and organization of any service or activity conducted by the City including
the expansion or reduction of services or work force.
12.10.5 Determination of the nature, manner, means, technology and extent of services to be
provided to the public.
12.10.6 Types of equipment or technology to be used.
12.10.7 Determination of and/or change in facilities, methods, technology, means and size
of the work force by which City operations are to be conducted.
12.10.8 Determination of and change in the location, number of locations, relocations and
types of operations, processes and materials to be used in carrying out City functions.
12.10.9 Work assignments and schedules in accordance with requirements as determined by
the City.
12.10.10 Establishment, implementation and modification of productivity and performance
programs and standards.
12.10.11 Reductions in force or layoffs for lack of work or other non4isciplinary reasons.
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^^PLY12.10.12 Establishment and approved modifications of job classifications.
12.10.13 Determination of standards, policies and procedures for selection, training and
promotion of employees.
12.10.14 Establishment, implementation and modification of Departmental organization,
supervisory assigmnents, chains of command and reporting responsibilities.
12.10.15 Levels of compensation, pay and benefits based upon budgetary and fiscal
considerations.
I 2.15 FREEDOM FROM REPRISAL: No employee shall be subject to coercion or disciplinary
action for discussing a request or complaint with his/her immediate Supervisor, or for filing a
grievance petition.
12.20 RESOL*ON: Any grievance petitions resolved at any step of the grievance procedure shall
be considered conclusive. Any grievance shall be considered resolved if it is not brought forward
by the grievant through the grievance steps in the time frame prescribed.
12.25 WITHDRAWAL: Any grievance petition may be withdrawn by the grievant at any time,
without prej*udice.
12.30 RESUBMISSION: Upon consent of the person hearing*the grievance petition and the grievant,
a petition may be resubmitted to a lower step in the grievance procedure for reconsideration.
12.35 EMPLOYEE REPRESENT*ON: If requested, an employee may have representation in the
preparation and presentation of the grievance at any step in the formal grievance procedure, except
that no Supervisor or Department Director shall be represented by an employee whom the employee
may supervise, and no employee shall be represented by a Supervisor or Department Director.
The employee(s) and one employee representative are entitled to be released from work for a
reasonable period of time in order to present the grievance.
12.40 OBEY NOW*GRIEVE LAT**R: If an employee is given a legitimate order that he/she wishes
to grieve, the employee must first complete the assignment and file a grievance later unless the
assignment endangers the health or safety of the employee or others, or if the requested assignment
violates the employee's constitutional rights.
12.45 INTTI*ON OF GRIEVANCE PROCEDURE: An employee must initiate the grievance
procedure formal or informal) within fifteen 15) working days of the occurrence of the event giving
rise to the grievance or within fifteen 15) working days after the grievant should, with reasonable
diligence, have had knowledge of such occurrence, whichever is later.
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^^PMY 12.50 INFORMAL GRIEVANCE PROCEDU*: Every effort should be made to resolve a
grievance through discussion between the employee and the employee's immediate Supervisor,
unless extenuating Circumstances exist.
If the employee is not satisfied with the decision reached through the informal discussion, or if
extenuating circumstances exist, the employee shall have the right to file a formal grievance in
accordance with Section 12.60.
12.55 FORMAL GRIEVANCE PROCEDURE:
Step I: If the employee is not in agreement with the decision rendered in the informal
grievance procedure, an employee shall have the right to present a formal grievance
to the Department Director within fifteen 15) working days after the occurrence of
the incident causing the grievance, if applicable. Otherwise, the right to file a
grievance petition shall be waived.
All grievances shall be submitted in the format prescribed by the Employee Relations
Officer, and no grievance petition shall be accepted until the form is complete. The
written grievance shall contain a clear, concise statement of the grievance and facts
upon which it is based, rule, regulation or policy allegedly violated, and the specific
remedies sought.
The Department Director will render a written decision within five 5) working days
after receipt of the written grievance.
Step II: If the grievance is not satisfactorily resolved in Step I, the employee shall have the
right to submit the written grievance to the Employee Relations Officer within five
5) working days after the Department Director's decision is received by the
employee.
The Employee Relations Officer will render a written decision within five 5)
working days after receipt of the written grievance.
Step III: If the grievance has not been satisfactorily resolved in the Step II, it may be appealed
to the City Manager within five 5) workings days after Employee Relations Officer's
decision is received by the employee.
The City Manager may accept or reject the decision of the Employee Relations
Officer and will render a written decision within five 5) working days after receipt
of the written grievance. The decision of the City Manager shall be final and
conclusive.
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^^PNYIf mutually agreeable, a meeting may be conducted involving all affected patties at any step in the
grievance procedure prior to the rendering of a decision.
GRIEVANCE PROCEDURES
sThp CONTACT FILE DECISION
Informal Supervisor N/A Immediate
Step I Formal Department Director 15 working days 5 working days
from incidcnt from filing
Step II Formal Employee Relations 5 working days 5 working days from
Officer from Step I Decision
Step III Formal City Manager 5 working days 5 working days from
from Step II decision filing
12.60 TIME LIMITS: Grievance petitions shall be processed from one step to the next within the
time limit indicated for each step. Time limits shall be strictly enforced. Any time limits established
in this procedure may be waived or extended by mutual agreement, confirmed in writing. Any
grievance petition not carried to the next step by the grievant, within the prescribed time limits, shall
be deemed resolved upon the basis of the previous disposition. Any lack of written response by the
City, at any stage, will result in the grievance automatically advancing to the next step.
SE*ON 13: EMPLOYEE RECORDS AND FILES
13.05 PERSONNEL FILES:
13.05.1 Central Personnel Files: The Employee Relations Officer shall maintain a central
personnel file for each City employee indicating the employee's name, title of position, the
department assigned, salary, changes in employment status, performance evaluations, disciplinary
documents, and such other information as may be considered tinent by the Employee Relations
Officer. Copies of documents concerning disciplinary actions taken by the Supervisor or Department
Director must be placed in the employee's central personnel file. There will be no disclosures of this
information to third patties excep* as authorized by State or Federal law or as duly authorized in
writing by the employee.
Personnel files shall be kept in locked, fire-proof files located in the Finance Department.
13.05.2 Payroll Files: The Finance Department shall maintain a file for each City employee
showing the name, title of position, the department assigned, salary, changes in employment status,
WA forms, payroll deductions and such other information as may be considered pertinent by the
Finance Director.
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^^POY There will be no disclosures of this information to third parties except as authorized by State or
Federal law, or as duly authorized in writing by the employee to third parties.
Nothing herein shall prohibit the City from keeping or placing documents in an observation folder
for the purpose of investigating alleged criminal conduct. For the purpose of this Section, an
observation folder shall not be considered a personnel file, and an employee or the employee's
designated representative shall not have access to observation folders nor receive copies of
documents placed in such folder.
Unless required for a crinoid investigation, an observation folder on an employee shall remain open
for a maximum of six 6) months. If disciplinary action by the City is warranted or if the employee
is found guilty of criminal activity, documents in the observation folder shall be placed in the
employee's personnel file.
13.10 DOCUMENTS IN PERSONNEL FILES: Upon request of the employee, an employee may
place documents in the employee's respective personnel files that commends his/herjob performance
with the City or demonstrates educational attainment.
Disciplinary documents shall be placed in personnel files in accordance with Section 9.55. An
employee shall be provided a copy of any documents placed in the employee's personnel file(s) and
may review their file on request, within the time constraints and work schedule of the Employee
Relations Officer. A witness shall be present at all times when an employee is reviewing their
personnel file.
13.15 DISCLOSURE OF INFO*ON: To the maximum extent possible, no direct information
contained in the personnel files shall be disclosed concerning any current or former City employee,
without the employee's consent, other than the employee's job tide, inclusive dates of employment,
work location, salary, work phone number, departmental assignment and the nature of separation,
resignation, or termination to any person other than the Employee Relations Officer, City Attorney,
Special Legal Counsel, Employee Relations Officer, the employee's Department Director, or their
designated representatives. An employee or former employee may authorize access to or the
disclosure of information from their file only when written permission is provided to the Employee
Relations Officer.
Nothing herein shall preclude nor specifically deny the use of any information in personnel files in
any phase of a disciplinary or probationary action.
13.20 CHANGES-IN-STATUS: It is the employee's responsibility to notif** the Employee Relations
Officer of any changes in the employee's address, phone number, marital status, dependent status,
name change, training certificates, emergency contact, driving status/record, criminal convictions,
or other pertinent information.
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^^PPY13.25 APPHC*ON RETE*ON: Applications submitted by candidates for City employment
become the property of the City and will be retained for the life of the eligibility list for the position.
13.30 DESTRUCTION OF PERSONNEL RECORDS: Personnel records, shall be destroyed five
years after the date of resignation or termination, in accordance with any provision of the City's
system for destruction of public records and then in accordance with other applicable laws.
SECTION 14: EMPLOYEE BENEFIT PLAN
In order to establish an equitable system of working hours, compensation, and benefits, the City
Council will, from time to time, establish a Benefits Plan, which will define separate benefit
categories for compensation, benefits, and accrual rates, depending upon the nature of the position.
An employee must work a minimum of thirty 30) hours per week to be eligible for the health benefit
plan offered by the City. An employee in this category will receive 75% of the contribution the city
pays for a full-time employee and/or dependent(s).
14.05 HEALTH BENEFITS:
A. Benefits for City employees shall be provided as outlined in the City's Health Benefit Plan.
Further information on these benefits may be obtained by contacting the Personnel Office.
Regular employees working less than thirty 30) hours per week and temporary employees
are not eligible for any health benefits. The City retains the right to alter the benefit plan, if
it finds such changes to be in the best interest of the City.
B. At-will employees shall be provided benefits as outlined in the contract negotiated for each
position.
14.10 HOLIDAYS: Days which are designated as paid holidays by the City Council shall be legal
holidays for City employees, unless otherwise specified. A holiday falling on Sunday will be
observed the following Monday. A holiday falling on Saturday will be observed the previous Friday.
14.10.1 are entitled to the following ten 10) paid holidays each
year:
New Year's Day January 1
Dr. Marlin Luther King, Jr. Day 3rd Monday in January
Presidents' Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1st Monday in September
Veterans' Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Friday after Thanksgiving
Christmas Day December 25
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^^PQY Floating*Holiday.
Regular employees are entitled to two 2) floating holidays each calendar year. This holiday shall
be two 2) days of an employee's choosing, provided the employee's Supervisor deems it compatible
with work schedules. Both floating holidays must be taken within the calendar year in which they
are earned
In the event of the employee's failure, for any reason, to exercise such floating holiday(s) during any
calendar year, or prior to employee's termination of employment with the City, the employee shall
be entitled to compensation for said floating holiday(s).
Probationary employees may use their floating holiday(s) if necessary.
14.10.2 Re*ular Part-time Emploveci who work at least thirty 30) hours per week' shall
receive holiday compensation on a pro rata basis for the twelve 12) holidays listed above. Holiday
compensation for these employees shall be calculated by the number of hours worked as a percentage
of a forty 40) hour workweek.
14.10.3 Temporary and Seasonal Emp1oyee*: Will not be given paid holidays, but will be
given leave without pay on holidays which preclude their working.
14.10.4 In-Lieu Holiday: Any non-exempt employee whose regular work schedule requires
the employee to work on an approved holiday will be awarded another floating holiday. Such
employees who work less than eight 8) hours on a holiday will receive a floating holiday equaling
the actual time worked. Said floating holiday must be taken during the same pay period as the
holiday observed by the rest of the work force.
14.15 VACATION LEAVE
14.15.1 * Full-time employees shall be provided with vacation earnings based
on the following schedule.
Years of full time Annual number of
dayseh.*ibletoearn
Beginning year 0 1 10 days
Beginning year 2 11 days
Beginning year 3 12 days
Beginning year 4 13 days
Beginning year 5 l4days
*Beginningyear 6 l5days
Beginning year 7 16 days
Begix*g year 8 17 days
Beginning year 9 18 days
Beginning year 10 l9days
Beginning year 11 andaf*er 20 days
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^^PRYNo vacation days may be accrued or used during an employee's first three 3) months of service. At
the end of three 3) months, vacation in an amount which would have been earned during the f*rst
three 3) months period will be credited to the employee's leave account in a lump sum and is
available for use.
14.15.2 Tin,jt*tinng
A. Vacation is earned annually and is computed on the basis of number of months, or
major portion of a month, actually worked within a calendar year.
B. Additional days of vacation are earned on the anniversary date of the regular
employee.
C. No vacation shall be credited for time during which a regular employee is absent
from duty without pay in excess of thirty 30) days.
D. All vacations shall be taken at such time as approved by the Department Director.
E. Each vacation day shall be considered eight 8) hours.
F. Vacation leave may be taken in increments of one 1) hour or more, approved by
management.
G. Illness daring a vacation period shall not be considered as sick leave.
H. Employees absent due to sick leave or other approved leave of absence shall continue
to accrue vacation leave unless such absence exceeds thirty 30) consecutive days,
in which case there shall be no accrual of vacation leave during the period of absence:
14.15.3 Regular Part-time Employees who work at least thirty 30) hours per week shall
receive vacation benefits on a pro rata basis, calculated by the number of hours worked as a
percentage of a forty 40) hour workweek. Employees in this category may accrue up to 160 hours
of vacation leave.
14.15.4 Vacation Buy-Back:
A. Mandatory Buy-Back
Vacation hours may be accumulated and carried over to succeeding calendar years up to a maxanum
accrual of 320 hours. Accrued vacation hours which exceed 320 hours as of the last pay period of
November of each year shall be paid at the employee's regular rate of pay as time worked and shall
be included in the second payroll check of December.
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^^PSYNotwithstanding the foregoing, existing employees whose vacation hours exceed 320 hours as of
July 1, 1995 will be assigned a maximum accumulation amount equal to the amount of such
employee's accrual of vacation time accumulated as of July 1, 1995.
B. Optional
In addition to the above, employees with a minimum of 80 hours of accrued vacation time as of the
last pay period in November in any calendar year, may receive pay at the employee's regular rate of
pay, for a portion or the entire amount over 80 hours, provided that the employee has taken at least
40 hours of vacation consisting of five consecutive work days, and excluding holidays, in the prior
year between December 1 and November 30. Any employee desiring to exercise this option must
make a written request to the Finance Director no later than November 15 in the calendar year for
which vacation buy back is sought. The buy-back pay will be included in the second payroll check
of December.
C. Regular Part-Time Employees
Regular Part-Time employees with a minimum of 60 hours of accrued vacation time as of the last
pay period in November in any calendar year, may receive pay at the employee's regular rate of pay,
for a portion or the entire amount over 60 hours, provided that the employee has taken at least 30
hours of consecutive vacation time, and excluding holidays, in the prior year between December 1
and November 30. Regular, part-time employees wishing to exercise this option must make a
written request to the Finance Director no later than November 15 in the calendar year for which
vacation buy-back is sought. The buy-back pay will be included in the * payroll check in
December.
14.20 SICK LEAVE: Sick Leave shall be allowed only in case of necessity and actual sickness or
disability of the employee. Sick Leave is not an earned right to time off from work. If an employee
is to be absent from work due to illness or other allowable reason, the employee must noti* the
Supervisor by telephone within the first half hour of normal reporting time, or earlier if possible.
An employee's preventative medical and dental appointments within reason) and dependent care
are acceptable uses of sick leave. The City's policy for Sick Leave accrual and buy-back" is as
follows:
14.20.1 Use of Sick Leave: Sick Leave shall be used for illness, off-duty, non-work connected
injury, physical examination, including eye examinations, dentist appointments, or other commonly
accepted health related matters.
14.20.2 Eligibility All flill-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.
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^^PTY I
14.20.3 Number of Days Sick Leave Allowe4: 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 Pilin* 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 *: Absence due to Sick Leave or other approved Leave
of Absence will not affect computations for sick leave unless such absences exceed one 1) month,
in which case that month, or more, shall be excluded from computation.
14.20.7 * shall not accrue paid sick leave, but may take
leave without pay as approved by their Supervisors
14.20.8 Regular Part-Time Emplovees, 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 pet*tage of a forty
40) hour workwee* Employees in this category may accrue up to 22 days of sick leave. Sick time
pay back shall be calculated pursuant to Section 14.20.4.
14.25 BEREAVEMENT LEAVE: Employees shall be allowed three 3) days Bereavement Leave
in the event of death of an immediate family member as defined in Section 1.25.51. Regular, part
time employees who work at least thirty 30) hours per week shall be allowed eighteen 18) hours
of Bereavement Leave. There is no annual restriction on the number of bereavement leaves required
by an employee. Initial probationary employees are not eligible for bereavement leave until after the
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^^PUY first three 3) months.
14.30 ADMINISTRATIVE LEAVE: The following designated employees will receive
Administrative Leave days. The probationary status of such employees will not preclude the accrual
and/or utilization of administrative leave.
14.30.1 * The following positions shall receive eighty 80) hours ten
days) of Administrative Leave per calendar year:
Assistant City Manager
Building & Safety Director
City Clerk
City Manager
Community Development Director
Finance Director*reasurer
Parks & Recreation Director
Public Works Director/City Engineer
If any of the above positions have a written employment cont:ract with the City, administ:ative leave
will be negotiated on a case by case basis, and the eighty 80) hours ten days) shall not apply.
14.30.2 The following positions shall
receive forty 40) hours 5 days) of Administrative Leave per calendar year:
Accounting Supervisor
Associate Engineer
Building & Safety Manager
Community Safety Manager
Maintenance Manager
Planning Manager
Principal Planner 2)
Senior Engineer 2)
Senior Management Assistant
14.30.3 Accrual and Use: The full amount of A*niinstrative Leave to be accrued for the
calendar year may be used at any time during the year subject to the Supervisor's approval. Upon
hire, employees are credited the full amount of Administrative Leave upon appointment.
Administrative Leave is available for use by probationary employees, at the discretion of the
Department Director.
If an employee terminates, the employee will only be paid for the prorated Administrative Leave
earned to the date of termination. If the employee who terminates has not earned enough prorated
Administrative Leave to cover Administ:rative Leave used prior to termination, the remaining balance
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^^PVYdue shall be subtracted from any Vacation or Sick Leave buy out, or earned salary that the employee
may be due upon termination.
Administrative Leave should not be accrued beyond calendar year end and is encouraged to be take*
It should be utilized within the calendar year it is earned. The Employee Relations Officer may
allow carry-over accrual when circumstances warrant.
4.* 5 OVE*ME COMPENSATION: Ovettime compensation shall be provided to City employees
as follows.
14.35.1 Fxecutive Management Middle Mana*ement and Prof*innal/Admini*tiv*
are salaried employees and shall not receive overtime compensauon.
14.35.2 General Non-Exempt and Part-time Frnploy* may receive overtime compensation
in the form of paid time or compensatory time-off; at a time-and-one-half rate, for all hours worked
in excess of forty 40) hours in one workweek. For purposes of calculating overtime; floating
holiday hours, sick leave hours, compensatory time used and vacation will not be counted towards
the forty hour work week. All overtime shall be approved by the Depa*ent Director * to any
accumulation of hours.
Cash payment of overtime shall be limited to fiscal budgetary re:trictions, and employees are
encouraged to receive overtime compensation as compensatory time-off in lieu of cash payment'.
Employees in these categories may accrue comp-time to a maximum cap of forty 40) hours. The
Employee Relations Officer may allow accrual beyond the maximum if circumstances warrant.
14.35.3 Ma*jm*rnA!*niaj: An employee who has accumulated the maximum amount of
compensatory time shall not work overtime on a compensatory time basis until tile accumulation has
been reduced to less than the maximum accumulation allowed under these Rules. This in no way
limits or caps * overtime.
14.35.4 All overtime worked in less than one 1) hour increments in a work shift shall be
compensated for in the following manner:
ILwLwodEd*l5rninu.,.
l/4hourxl.5
l*OminuIics Y:hourxl5
31*rninuic* */4hourXl.5
45-60minu*is lhourxl.5
14355 CallBack: When an offduty employee is called back to work, the employee shall
receive a minimum of two 2) hours pay or two 2) hours compensatory time, at the Department
Director's * If the call back assignment exceeds the two 2) hour minimum, the employee
shall be compensated at time and one-halt, either with pay or compensatory time. *ime worked does
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^^PWY not include travel time to the work site.
14.35.6 *1*ndkx: Employees occupying a position designated by the Department Director and
approved by the Employee Relations Officer as appropriate for standby pay are required to be subject
to call by telephone or other approved methods. Standby assignments shall be scheduled, in
advance, by the appropriate Department Director and shall be automatically forfeited if the employee
is unavailable or unfit when called for duty. Such an employee shall be paid fifteen dollars $15.00)
per day.
In addition to the standby pay above, an employee called out during standby shall be compensated
with time and one-half; either with pay or compensatory time from time of call-out until completion
of the required work. Time worked does not include travel time to the work site.
SECTION 15: TRAINING
l5.05*fl**G: The City recognizes the importance of employee development and training in an
effort to improve the capabilities and effectiveness of City personnel. Training shall be geared to
both organizational improvement and individual employee development. This development shall
not only be the responsibility of the Department Directors or Supervisors, but shall be shared with
employees in a total organizational effort.
15.10 IN-HOUSE TRAINING: Employees who have training, knowledge or expertise in a subject
area, or have recently attended a seminar or conference in a given subject matter, may be asked to
share this information with other employees. Such in-house training may be informal or formal,
depending upon the nature of the training, and can include any variety of topics.
15.15 DEPARTMENT TRAINING: City depart[nents and divisions are encouraged to offer
specialized training to their employees. Such training shall be the responsibility of the Department
Director and may include topics such as safety, equipment operation and other training in their
specific fields of responsibility.
*: Employees may attend seminars or conferences covering
current issues and areas relevant to their positions under the following conditions:
15.20.1 Employees must submit their request on forms prescribed by the Finance Department
and follow all applicable procedures
15.20.2 Budgeted funds must exist for all such training and any travel. All travel that requires
a travel authorization must have City Manager and/or City Council approval.
15.20.3 Employees must comply with the City's Administrative Travel and Expense Policy
and provide necessary receipt documentation.
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^^PXY15.20.4 Employees who have recently achieved such training must be willing to provide in-
house" training to other employees, if requested.
15.25 TUITION REIMBURSEMENT: Subject to Department Director and Employee Relations
Officer or designee) approval, employees may attend and be reimbursed for part or all of the costs
of educational and other training courses which provide a benefit to the City. During the budget
process, money will be included annually for educational reimbursement.
Any educational or training course that is a requirement for continuation of employment or is an
identified part of a job evaluation shall be paid for the City. All employees with prior approval by
the Employee Relations Officer, may be reimbursed for costs of bool:s, tuition and lab fees for
classes or instruction, provided such classes or instruction are related to the employee's assigned
duties with the City.
Reimbursement will be made only after an employee has satisfactorily completed the class or
workshop with the grade of C or better or equivalent completion and that evidence of same has been
submitted and approved by the Employee Relations Officer.
In general, training time during working hours shall be considered part of the job. Unless the City
directs an employee to attend a specific training course and the course is not available during work
hours, training after hours shall be considered voluntary and no additional pay, overtime, or
compensatory time shall be given by the City unless advance special written approval is granted.
Study time shall be considered completely voluntary.
There is no mileage reimbursement for travel to and from educational classes. Required forms must
be completed and necessary documentation receipts and grades) must be provided in order to
receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be
made by the Employee Relations Officer after review of the request and recommendations by the
Department Director and the Employee Relations Officer.
No one employee may receive more than 15% of the total annual budgeted money available for
tuition reimbursement. If, at the end of the fiscal year, unencumbered fluids are available in the
educational reimbursement account, remaining fluids will be used to further reimburse those
employees who have accumulated reimbursable educational expenses in excess of 15% of the total
available for that year. If more than one employee incurs such additional expenses, distribution of
the remaining fluids will be made equally among said employees until each individual employee has
been fully reimbursed, or until the fluids have been depleted, whichever comes first.
l5.*0 TRAINING AND TRAVEL REIMBURSE*Ni: In accordance with the Fair Labor
Standards Act F.L.S.A.), employees who are not exempt shall receive training and travel
reimbursement as provided in this Section.
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^^PYYTime spent in attending lectures, meetings, training programs and similar activities during work time
shall be counted as time worked only if authorized in advance and in writing by the employee's
Department Director. No such authorization shall be given unless the lecture, meeting, program, or
other activity is directly related to improving the employee's ability to perform his/her job.
Time spent in attending lectures, meetings, training programs and similar activities shall not be
counted as time worked where such attendance is outside of the employee's regular working hours,
except in situations where the employee is directed by the employee's Department Director to attend
such lecture, meeting, training program or similar activity. Leisure and meal times are not
considered time worked unless they are part of the seminar.
Time spent by an employee traveling between the employee's residence and the regular work place
is not work time and shall not be treated as hours worked. When an employee is assigned by the
employee's Department Director to travel outside of the City, times spent traveling between the
employee's home and assigned destination shall be treated as time worked only to the extent that it
exceeds the amount of time normally taken by the employee to travel between the employee's
residence and regular work place.
When an employee is assigned to travel outside the City, return the same day, and the employ* has
utilized public transportation, the time spent traveling between the employee's home and the location
of the public carrier i.e. airport, bus station, train station) shall not be treated as time worked.
However, time spent traveling to a final destination via public carrier is considered time worked.
Employees shall receive mileage and travel reimbursement in accordance with provisions outlined
in the City's Administrative Travel and Expense Policy.
* PERSONNEL APPROVED CHA*ES *5-97.w*I3*
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