HomeMy WebLinkAboutCC Reso No 2006-073 Personnel Rules & Regulations AdoptionRESOLUTION NO. 2006-73
A RESOLUTION OF THE CITY COUNCIL OF THE
CTTY OF LAKE ELSINORE ADOPTING THE CITY OF
LAKE ELSINORE PERSONNEL RULES AND
REGULATIONS
WHEREAS, the Lake Elsinore Municipal Code provides that the City
Manager shall "Prepare and recommend to City Council personnel rules and
revisions and amendments to such rules" (LEMC Section 2.48.030C); and
WHEREAS, the City Manager has determined that the City's
Personnel Rules adopted on June 21, 1999 should be repealed; and
WHEREAS, the City Manager recommends that the newly revised
"City of Lake Elsinore Personnel Rules and Regulations" be adopted by the
City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinare hereby
repeals the City of Lake Elsinore Personnel Rules adopted on June 21, 1999.
SECTION 2. The City Council of the City of Lake Elsinore hereby
adopts the new "City of Lake Elsinore Personnel Rules and Regulations," as
presented to the City CounciL
SECTION 3. This Resolution shall take effect from and after the
date of its passage and adoption.
CITY COUNCIL RESOLUTION NO. 2006-73
PAGE 2 OF 2
PASSED, APPROVED AND ADOPTED this 23`d day of May, 2006
by the following vote:
AYES: COUNCILMEMBERS: Buckley, Hickman, Kelley,
Schiffner, Magee
NOES: COiJNCILMEMBERS: None
ABSENT: COIJNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS None
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Robert E. M
City of Lake
ATTEST:
Frederick Ray, lerk
City of Lake Elsinore
APPROVED AS TO FORM:
B bara Zeid eibold, City Attorney
City of Lake Elsinore
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CITY OF LAKE ELSINORE
PERSONNEL RULES AND REGULATIONS
Adopted by City of Lake Elsinore Resolution No. 2006-_,
May 23, 2006
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TABLE OF CONTENTS
SECTION 1: ADOPTION OF PERSONNEL SYSTEM; PURPOSE .................................... 1
SECTION 2: APPLICATION...... ............. .......... ........... ....... ............... .......................... ............ 1
SECTION 3: DEFINITION OF TERMS .................................................................................. 2
SECTION 4: EQUAL EMPLOYMENT OPPORTUNITY ..................................................... 7
SECTION 5: AUTHORITY TO INTERPRET ........................................................................ 7
SECTION 6: DELEGATION OF AUTHORITY ..................................................................... 7
SECTION 7: CLASSIFICATION PLAN .................................................................................. 7
A. Preparation of Classification Plan ....................................... ............................................ 7
B. Allocation of Positions ............................... ....................... ............................. ................... 8
C. Adoption of Classification Plan ............................ ...... .......... ........................................... 8
SECTION 8: FILLING V ACANCIES....................................................................................... 8
A. Types of Appointments.. ...... ........... .................. ....................... ...................... ................... 8
B. Reinstatement.................................................................................................................... 9
C. Emergency Appointments....... ......... ............. ......... ...................... ........................ ............ 9
D. Temporary and Interim Appointments .......................................................................... 9
SECTION 9: RECRUITMENT. ... ..... ...... ..... .... ...... ........... ................... ........ .............. ..... .... ........ 9
A. Job Announcements ...... ..... ... .... ................... ........ ....... ......... ........... .......... ............ ............ 9
B. Application Forms .......................................................................................................... 10
C. Disqualification............................................................................................................... 10
D. Physical Requirements ....... .................. ......... ............ ......... ........... ..... ....... ..................... 10
E. Employment of Member of Family............................................................................... 11
F. Subject and Method of Examinations ........................................................................... 12
G. Qualifying Grade and Rating Examinations................................................................ 12
H. Other Qualifying Procedures ..... ............. .............. ...... ....... ....... ......... ................... ......... 12
SECTION 1 0: CERTIFICATION... ..... ........... ............ ............ ............... ..... ..... .......... .............. 13
A. Eligibility Lists................................................................................................................ 13
B. Notification of Results..................................................................................................... 14
SECTION 11 : COMPENSATION PLAN ............................................................................... 14
A. Preparation of Plan............................................................................................ ............. 14
B. Salary at Appointment ............... ......... ............ ........... ............... ......... .......... ........ .......... 15
C. Advancement within Salary Range........ ...... ...... ..... ....................................... ............... 15
D. Step Advancement.......................................................................................................... 15
E. Advancement Procedure ...... ....... ........ ........... ..................... ........................ .............. ..... 16
F. Salary on Promotion ........... ............. ............. ............. ........ .......... ........................ ........... 17
G. Salary on Transfer.......................................... ............................ .................................... 17
H. Salary upon Appointment to a Position in an Acting Capacity.................................. 18
I. Salary on Reinstatement................. ............... ........ ........ ............ ........ ........... .................. 18
J. Salary on Suspension................ ..................................................... .................. ............... 19
K. Salary on Demotion......................................................................................................... 19
L. Changes in Salary Allocation.. ......................................................... .......... ........ ............ 20
M. Salary on Position Reclassification .......... ................. ....... ........................... ................... 20
N. Reduction in Salary... ........................ .............................. ........ .... ............... ..................... 21
o. Council Authority to Specify Salary............................................................................. 21
P. Additional Compensation...... ..... ...... ............... ...................... ...... ........ ...... ..... .... ... ......... 21
SECTION 12: PROBATIONARY PERIOD AND PERFORMANCE EVALUATIONS.. 21
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A. Probationary Period ..... ..... ...... ....... ........... ........ .... .... .................. .......... ......................... 21
B. Employee Performance Evaluation....... .......... ...... ............. ............ .................... ........... 22
C. Discretionary Medical Evaluation ......................... ......... ................................. .............. 22
SECTION 13: DISCIPLINARY AND APPEALS PROCEDURE........................................ 23
A. Basis for Disciplinary Action ....... ............ .......... ................ ................ ................................ 23
B. Types of Discipline ............................. ......... ........ ...................................... ...................... 24
C. Notices......................................................................................................................... ..... 26
D. Employee's Response........................................ .............................................................. 26
E. Appeal Procedures................................................................................. ........... .............. 26
SECTION 14: GRIEVANCE PROCEDURE .........................................................................30
A. Definition................................................................................................ ......................... 30
B. Procedure......................................................................................................................... 30
SECTION 15: EMPLOYEE ACTIVITIES ........... ........... ........... ......... ................. .................. 32
A. General Consideration. ...... ............. ........ .......... ................ ........ ..... ... ............ .................. 32
B. Outside Employment ....... .... ........ ... ........ ....... ....... ..... ............. ..... ................. .................. 32
C. Determination of Inconsistent Activities... .......................... ........... ............ ................... 32
D. Improper Use of City Equipment Prohibited............................................................... 33
E. Violations and Penalties......... ........................................................................... ............. 33
SECTION 16: REGULATIONS AND STANDARDS............................................................ 33
A. Code of Ethics. .., ..... ............... ...... .......... ............ ....... ................... .................. ........... ....... 33
B. Policy Against Discrimination and Harassment .......................................................... 34
~ C. Political Activity ...................................................................................................... ........ 42
D. Emergency Responsibilities.................... ........................................................................ 42
E. Contract To City ............... ............................... ......................................... ...................... 42
F. Attendance....................................................................................................................... 42
G. Absence Without Leave .................... ....... .......... ........................ ...... ........... .............. ...... 43
H. Driving Record......................................................... ................................. ...................... 43
J. Smoking .... ............ ..... ... ........ ....... .... ... ......... ..... ....... ..... .... .......... ..................... .......... ...... 43
K. Cost Consciousness ..... .... ............ ..... ....... ......... ..... .................. ... .............................. ....... 44
L. Safety............ .... ................................... ....... ....... ............. ..... ............... ................ .............. 44
M. Personnel Records.. ............. .............. .... ....... ...... ......... .......... ..... ....... .............................. 44
N. Lost Keys, Transmitters, Cards....................... .............. .......... ..... ................................. 44
O. Badges, Identifications Cards, Business Cards and Letterhead................................. 45
P. Internet.............................................................................................................. ...,............ 45
Q. Electronic Mail Policy..................................................................................................... 48
R. Computer Software and Hardware Policy................................................................... 49
S. Cash Advances/Petty Cash.. ...... ...................... ......... ..... ......... ........... ............. ......... ....... 50
T. Credit Cards................. .......;.... ............................ .................... ............. ........... ............... 50
U. Telephone Usage.......................... ........ ..................... ........... ..... ................ ................. ...... 50
V. Dress Policy........................................................ .............................................................. 51
SECTION 17: TRAVEL AND LOCAL MEETING EXPENSES......................................... 53
A. In General............... ................ .... ........ ....................... .......... ............. .......... ................ ..... 53
B. Per Diem for Non-Local Travel..................................................................................... 54
~ C. Non-Local Transportation.... .......... ........... ..... ........................... ............ ........................ 54
D. Travel with Veh....... ........ ............. ...... ............ ....................... ...... ......... ...................... ..... 54
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TABLE OF CONTENTS
E. Ground Transportation................................................................................... ...... ... ...... 56
F. Lodging............................................................................................................................ 56
G. Registration......................................................................................... ............................ 56
H. Parking............................................................................................................................. 56
I. Tickets.............................................................................................................................. 56
J. Expense Reimbursement.. ......... ... ........ ...... .............. ......... ........ .......... ........................... 57
K. Extraordinary Expenses .......................... ..... .............. ..... ..... .................................. ........ 57
L. Personal Expenses ..................... ........ ......... ..... ............... ..... .... ......... ........... ......... ........... 57
M. Spouse and Significant Other Accompaniment ........................................................... 57
N. Personal Travel........................................................................... .................................... 58
O. Meals Reimbursement for Local Meetings................................................................... 58
P. Procedure for Seeking Reimbursement ........................................................................ 58
Q. Documentation................................................................................................................ 58
SECTION 18: EMPLOYEE DEVELOPMENT ..................................................................... 59
A. Training........................................................................................................................... 59
B. Tuition Reimbursement....................................... ........................................................... 60
SECTION 19: LAYOFF PROCEDURE ................................... .............................................. 61
A. Intent..... ............................................................................................................... ............ 61
B. Procedure ....... ... ... ......................... ..... ......... .... ................ ....... ..... ........... ......... .......... ....... 61
C. Bumping Rights............................................................................................................... 62
D. Reemployment Rights...... ... ...... ............ .... ..... ... ..................... ......... ....... .... .... ....... .......... 62
SECTION 20: SUBSTANCE ABUSE POLICy..................................................................... 62
A. Implementation.......................................................... ..................................................... 62
B. City Responsibilities........................................................................................................ 63
C. Employee Responsibilities.............. ....... ......... ...... ..... ......... ............... ............................. 63
D. Definitions........................................................................................................................ 64
E. Testing.............................................................................................................................. 65
F. Testing Procedure ........... ...... ... ... .... ..... .... ..................... ... ............ .................. .......... ....... 65
G. Premployment Drug Testing............ ............ ............. ............. .................. ................ ...... 66
H. Confidentiality................................................................................................................. 66
I. Exceptions........................................................................................................................ 66
SECTION 21 : LOYALTY OATH...... .......... ........................ ............... .......... ............. ........ ...... 67
SECTION 22 : IMPLEMENTATION.... ....... .......... ............... ......... ............. ................... ......... 67
SECTION 23: AMENDMENT OF RULES ............................................................................ 67
SECTION 24: SEPARABILITy..... ....... ................... .................... .............. ..................... ........ 67
APPENDIX "A" .......................................................................................................................... 68
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CITY OF LAKE ELSINORE
PERSONNEL RULES AND REGULATIONS
SECTION 1: ADOPTION OF PERSONNEL SYSTEM: PURPOSE
In order to establish an equitable and uniform procedure for dealing with personnel matters, to
attract to municipal service the best and most competent persons available, to assure that
appointments and promotions of employees will be based on merit and fitness, and, to provide a
reasonable degree of security for qualified employees, the personnel system set forth in these
rules and regulations is hereby adopted.
SECTION 2: APPLICATION
The provisions of these rules and regulations shall apply to all offices, positions and
employments in the service of the City except:
(1) Elective officers.
(2) The City Manager and any assistants to the City Manager.
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(3) Members of appointive boards, commissions and committees.
(4) Persons engaged under contract to supply expert, professional, technical, or any
other services.
(5) Volunteer personnel who receive no regular compensation from the City.
(6) The City Attorney and any assistants or deputies to the City Attorney.
(7) All Department Heads.
(8) Part-time, per diem, hourly, temporary, interim, and seasonal employees
(9) Emergency employees who are hired to meet the immediate requirements of an
emergency condition.
(10) Any position primarily funded under a State or Federal employment program.
(11) All Council appointed City officers.
The above persons not included in the competitive service shall serve at the pleasure of the
appointing authority.
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SECTION 3: DEFINITION OF TERMS
All words and terms used in this section and in any ordinance or resolution dealing with
personnel policies or procedures shall be defined as they are normally and generally defined in
the field of personnel administration. For the purpose of convenience, however, the following
words and terms most commonly used are hereinafter defined:
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"Acting appointment" means the appointment of a person to a classification in the City
service on an interim basis during which that person will continue to occupy the position from
which he/she was appointed.
"Advancement" means a salary increase within the limits of the pay range established
for classes provided by resolution.
"Anniversary Date" means the date an employee is appointed, promoted, demoted or
reinstated to a position within the competitive service.
"Allocation" means the assignment of a single position to its proper class in accordance
with the duties exercised, and the education and experience requirements; or, the assignment of a
class to a salary range or rate.
"Appointing Power" means the appointive power to fill positions in the competitive
service as follows:
For employees of a department -- the City Manager, following recommendation ...."
by the respective Department Head.
"Appointment" means the employment of a person in a position.
"Base Salary" means the salary range and step established in a salary resolution by the
City Council exclusive of any overtime, shift-differential, incentive or other type of premium pay
an employee may receive.
"Call-back duty" occurs when an employee is unexpectedly ordered by his/her
department to return to duty, following the termination of his/her normal work shift or
workweek, because of unanticipated work requirement.
"Class" means a group of positions sufficiently similar in duties, authority,
responsibilities, and minimum qualifications for employment to permit combining them under a
single title and the equitable application of common standards of selection and compensation.
"Classification plan" means the designation by resolution of the City Council of a title
for each class together with the specifications for each class as prepared and maintained by the
Personnel Officer.
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~ "Class specifications" means a written description of a class setting forth the essential
characteristics, knowledge, skills, abilities, and requirements of positions in the class.
"Compensatory time off" means time taken off, with pay, from work in lieu of overtime
pay previously accrued by the employees.
"Competitive service" means all positions in the City service except those excluded
under Section 2.
"Continuous service" means the employment without break or interruption of an
employee having a probationary or regular appointment. A break or interruption in continuous
service shall be construed as an absence of the employee from hislher employment initiated by
either the City or the employee for periods of more than fifteen (15) consecutive calendar days.
"Days" or "days" means calendar days unless otherwise stated.
"Demotion" means the movement of an employee from one class to another class having
a lower maximum base rate of pay.
"Department Head" means the Director of a Department or hislher duly appointed
designee.
"Disability" means, with respect to an individual: (a) a physical or mental impairment
".-. that substantially limits one or more life activities (caring for oneself, performing manual tasks,
walking, sitting, standing, lifting, reading, etc ), (b) having a record of such an impairment, or (c)
being regarded as having such an impairment.
"Dismissal" means the involuntary separation, including layoff, of an employee from the
City service.
"Eligible" means a person who may be appointed to a vacant position in the competitive
service as provided by these rules.
"Eligible list" means a list of names of persons who have taken an examination for a
position in the competitive service and passed and are ranked on the list in order of the score
received.
"Employee" means a person occupying a position in the competitive service.
"Employment date" means for retirement, sick leave, and other benefit purposes, the
effective date of an employee's initial appointment to a fulltime or permanent part-time position
within the competitive service.
"Employment list" means:
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(a)
()Pen employment list: A list of names of persons who have taken an
open-competitive examination for a class in the competitive service and
have qualified.
Promotional employment list: A list of names of persons who have taken
a promotional examination for a class in the competitive service and have
qualified.
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(b)
"Examination" means
(a) ()Pen-competitive examination: An examination for a particular class that
is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class that is
open only to employees meeting the qualifications for the class.
(c) Continuous examination: An open competitive examination which is
administered periodically and because of which names are placed on an
employment list, in order of final scores, for a period of not more than one
year.
"Exempt classes" means those classes of positions that, by the nature of the job
requirements, do not earn overtime and are not subject to the Personnel Rules and Regulations.
These classes are set forth in Section 2.
"Fair Labor Standards Act exempt employees" means an employee exempt from the ....."
overtime provisions of the FLSA.
"Full-time position" means a position in the competitive service of the City, which
requires at least forty (40) hours of work per week.
"Incidental overtime" means the designation given to overtime of less than thirty (30)
minutes that is nonrecurring.
"Interim position" means a full-time or part-time position for a designated period of
time which may extend beyond the six months' limit reserved for temporary positions.
"Layoff" means the separation of an employee from City service for reasons of economy
or efficiency or reductions or elimination of City service or due to organization changes.
"Local Travel" means travel to locations less than 60 miles from City.
"Merit salary increase" means the increase of an employee's salary within the salary
range established for the class of position he/she occupies because of satisfactory job
performance in such position.
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,;-. "Non-Local Travel" means travel to locations greater than or equal to 60 miles, which
may require overnight accommodations
"Overtime" means the time which an interim, probationary, or permanent employee is
required to work beyond the number of hours prescribed for a full-time employee in that
classification in a FLSA designated work period.
"Part-time position" means a position having a workweek of fewer hours than the
workweek established for full-time positions. A part-time position may be either interim,
temporary or permanent.
"Permanent position" means a full-time or part-time position which is expected to exist
indefinitely.
"Personnel Officer" means the City Manager or hislher designee.
"Personnel Ordinance" means Ordinance No. 805 (1987) which creates a personnel
system for the City.
"Position" means a combination of duties and responsibilities assigned to a single
employee.
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"Probationary period" means a period considered an integral part of the examination,
recruiting, testing and selection 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.
"Promotion" means the advancement of an employee from a position in one class to a
position in another class having a higher maximum salary rate.
"Reclassification" means the reassignment of a position from one class to a different
class in accordance with a reevaluation of the minimum qualifications, duties and responsibilities
of the position.
"Reduction in salary" means a salary decrease within the limits of the pay range
established for a class.
"Regular employee" means an employee who has successfully completed hislher
probationary period in a permanent budgeted position in the competitive service.
"Reinstatement" means the reappointment of an employee to a position in a same or
comparable class within twenty-four (24) months of hislher resignation in good standing. No
credit shall be granted for prior service in terms of benefits accrued or seniority. A reinstated
employee shall serve a probationary period.
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"Rejection" means the involuntary separation from the City service of an employee who
has not successfully completed his/her probationary period, or, the reduction of an employee
who did not successfully complete his/her probationary period to a position in a different class in
which he/she had previously acquired regular status.
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"Resignation" means the voluntary separation of an employee from the City service.
"Salary advancement eligibility date" means the future date on which a regular
employee is eligible for a merit salary increase.
"Salary plan" means the assignment by the City Council resolution of salary ranges
and/or salary rates to each class.
"Salary range" means the range of salary rates for a class.
"Salary step" means the minimum through maximum salary increments of a salary
range.
"Seniority" means the length of time of continuous service in the competitive service,
excluding approved leaves of absence without pay in excess of thirty (30) days, but including
leaves of absence for service in the armed forces of the United States and leaves pursuant to the
Family Medical Leave Act. After an employee completes the probationary period, seniority is
calculated from the date of probationary appointment to the full-time position.
"Standby duty" means that an employee who is released from duty is required by his/her ~
department to leave notice where he/she can be reached and that he/she be available to return to
duty when required. "Standby duty" requires that an employee: (1) be ready to respond
immediately, (2) be reachable by phone or electronic page (if provided), (3) be able to report
within a specified period of time, and (4) refrain from any activities which might impair his/her
ability to perform assigned duties.
"Suspension" means the temporary separation of an employee from the service with or
without pay for disciplinary purposes.
"Temporary appointment" means an appointment to a temporary or permanent position
for a period of six months or less which may be extended by the City Manager for a maximum of
an additional six months.
"Temporary employee" means a full-time or part-time position of limited duration not
to exceed six (6) months.
"Termination" means the separation of an employee from the City service because of
retirement, resignation, death or dismissal.
"Title," "class title," "title of class" means the official name applied to a class and to
each position allocated to the class and to the incumbent of each position.
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"Transfer" means a change of an employee from one position to another position in the
same class or in another class having the same maximum salary rate, involving the performance
of similar duties, and requiring substantially the same minimum qualifications.
"Vacancy" means a duly created authorized position which is not occupied and for
which funds have been appropriated.
SECTION 4: EQUAL EMPLOYMENT OPPORTUNITY
Equal employment opportunity shall be accorded to all persons regardless of their race, color,
national origin, religion, sex, age, disability, medical condition, sexual preference, marital status,
or political opinions and affiliations. All persons shall receive equal treatment in matters
affecting recruitment, hiring, promotion, discipline, compensation, assignments, benefits,
training, layoff, and recall practices and any other matters affecting employment.
The City has established a program with a goal of equality of opportunity in all personnel
actions. Special recruitment efforts among minorities, women, and disadvantaged individuals do
not conflict with the merit system and assure equality of opportunity in employment with the
City.
SECTION 5: AUTHORITY TO INTERPRET
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The City Manager is authorized to issue written guidelines to implement and enforce this
resolution, and to make adjustments to avoid or eliminate inequities resulting from its
application. Such guidelines shall have the City's best interests as their paramount concern, and
shall be consistent with applicable state and federal guidelines.
SECTION 6: DELEGATION OF AUTHORITY
The City Manager may delegate any of the powers and duties conferred upon himlher as the
Personnel Officer to any other officer or employee of the City or may recommend that such
powers and duties shall be performed under contract.
SECTION 7: CLASSIFICATION PLAN
A. Preparation of Classification Plan
The Personnel Officer shall ascertain and record the duties and responsibilities of all
positions in the competitive service and, after consultation with the heads of departments
affected, shall recommend a classification plan for the positions. The classification plan
shall contain a compilation of classes of positions in the competitive service defined by
class specifications, including title, a description of typical duties and responsibilities of
positions in each class, a statement of the training, experience and other qualifications to
be required of applicants for positions of each class. Class specifications are explanatory,
but not restricting.
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B. Allocation of Positions
The classification plan shall be so developed and maintained that all positions
substantially similar with respect to duties, authority, character of work and
qualifications, are included within the same class, and that the same schedules of
compensation may be made to apply with equity under like working conditions to all
positions in the same class.
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When a new position is created, before the same may be filled and except as otherwise
provided by ordinance or these rules, no person shall be appointed to employed to fill any
such position until the classification plan shall have been amended to provide therefore
and appropriate eligible list has been established for such position.
Positions, the duties of which have changed materially to necessitate reclassification,
shall be allocated to a more appropriate class, whether new or already created, in the
same manner as originally classified and allocated. Reclassifications shall not be used for
avoiding restrictions surrounding demotions and promotions.
In the preparation of the classification plan, the Personnel Officer shall allocate every
position in the competitive service to one of the classes established by the plan.
C. Adoption of Classification Plan
Before the classification plan or any part thereof shall become effective, it shall first be
approved in whole or in part of the City Council. Upon adoption by the Council, by
resolution, the provisions of the classification plan shall be observed in the handling of all
personnel actions and activities. The classification plan shall be amended or revised as
occasion requires in the same manner as originally established.
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SECTION 8: FILLING VACANCIES
A. Tvpes of Appointments
All vacancies, other than temporary or interim vacancies, in the competitive service shall
be filled by reinstatement, transfer, demotion, lateral transfer, or from eligible persons on
an appropriate eligible list, if available. In the absence of persons eligible for
appointment in the above manner, temporary, interim or emergency appointments may be
made in accordance with these rules and regulations.
The Personnel Officer shall determine whether it is desired to fill the vacancy by
reinstatement, recall from layoff, transfer, demotion, lateral transfer, or whether
certification from an eligible list is preferred.
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B.
Reinstatement
With the approval of the Personnel Officer, an employee who has resigned with a good
record may be reinstated within two years, to his/her former position, if vacant, or to a
vacant position in the same or comparable class, or to a position in a lower classification.
A reinstated employee shall serve the probationary period prescribed for that class and
for purposes of benefit accrual, begins with new employee status, except that vacation
accrual shall be determined by calculating the reinstated employee's prior service period
less the period not in the employment ofthe City. The reinstated employee may be
appointed at a higher step than the entry level with the approval of the City Manager.
C. Emerg:encv Appointments
To meet the immediate requirements of an emergency condition, such as fire, flood,
earthquake, or other public calamity, which threatens life or property, the appointing
authority may employ such persons as may be needed for the duration of the emergency
without regard to the personnel rules affecting appointments. As soon as possible, such
appointments shall be reported to the Personnel Officer. No emergency appointment
shall exceed sixty (60) working days, nor shall an individual hold successive emergency
appointments. No position shall be filled by a succession of emergency appointments.
D. Temporary and Interim Appointments
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Temporary appointments may be made by the Personnel Officer of persons who appear
to possess the minimum standards or qualifications for the position. Such appointments
shall not continue for a period in excess of six months in any fiscal year unless approved
by the City Manager. Temporary employees shall not be entitled to fringe benefits. No
credit shall be allowed upon an application or in the giving of an examination for service
rendered under a temporary appointment. However, if a temporary appointment is
converted to a probationary appointment without interruption of service, the period of
temporary service may be credited towards the completion ofthe probationary period, but
no accrual of sick or annual vacation leave may be allowed for the period of service that
the temporary appointee has served and received compensation for as provided in these
rules. All temporary employees may be removed at any time without the right of appeal
or hearing. Any temporary position which extends beyond the six-month limitation
contained in this section shall be an interim position. The interim employee shall have
the same rights and obligations as a temporary employee.
SECTION 9: RECRUITMENT
A.
Job Announcements
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All vacancies to be filled in the competitive service shall be publicized by posting
announcements on the City's official bulletin boards, or in such other places as the
Personnel Officer deems advisable. The announcements shall specify the title and pay
range of the class for which the examination is announced; the nature of the work to be
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performed; preparation desirable for the performance of the work of the class; the dates,
time, place and manner of making applications; the closing date for receiving
applications; the minimum requirement for the position; and other pertinent information.
Special recruitment methods may be utilized as necessary to insure that the emplOYment
needs of the City are met.
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B. Application Forms
Applications shall be made on forms provided by the Personnel Officer. Such forms
shall require information covering training, experience, and other pertinent information as
deemed necessary by the Personnel Officer. All applications must be signed under
penalty of peIjury by the person applying. Applications received at times other than
following announcements as set forth above shall be destroyed or returned to the
applicant at the discretion of the Personnel Officer.
C. Disqualification
The Personnel Officer shall reject any application which indicates on its face that the
applicant does not possess the minimum qualifications required for the position or is not
properly completed. Applications shall also be rejected if the applicant is physically unfit
for the performance of duties of the position to which he/she seeks appointment; has been
convicted of a crime which would impede his/her ability to perform the job for which
he/she is applying; is not legally permitted to work within the United States; has made
any false statement of any material fact or practiced or attempted to practice any
deception or fraud in his/her application; or other reasons which would indicate that the
applicant is unfit for the position. Whenever an application is rejected, notice of such
rejection shall be mailed to the applicant by the Personnel Officer. Defective applications
may be returned to the applicant with notice to amend same providing the time limit for
receiving applications has not expired.
."-,,,
As part of the review of an application, the Personnel Officer is empowered to obtain
summary criminal history information and local summary criminal history information,
as defined in Sections 11105 and 13300 of the California Penal Code, for the sole
purpose of determining whether or not an applicant has been convicted of a crime which
would impede his/her ability to perform the job for which he/she is applying.
D. Physical Requirements
The City requires that all appointees be in such physical or mental condition to perform
the essential duties oftheir jobs and may require medical or psychological evaluation
prior to reporting to work. No person shall be appointed to any position for which he/she
cannot physically or mentally perform the essential duties ofthe job adequately or
without hazard to the employee or others.
The Americans with Disabilities Act ("ADA") requires accommodations for those
individuals protected under the ADA. Because these accommodations must be
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determined on an individual, case-by-case basis, the provisions of these rules may be
disregarded in order for the City to avoid discrimination relative to hiring, promotion,
granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job
and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of
work or other terms and conditions of employment.
The City has the legal obligation to meet with the individual employee to be
accommodated before any adjustment is made in working conditions. Any
accommodation provided to an individual protected by the ADA shall not establish a past
practice, nor shall it be cited or used as evidence of a past practice in the
grievance/arbitration procedure.
Within the limitations indicated, the City's policy shall be to make such efforts as are
consistent with the provisions of these rules and regulations to place persons covered by
the ADA in such positions as are available in the City service where their disabilities will
not materially affect their performance of duties.
E.
Emplovment of Member of Familv
An applicant may not be denied the right to file an application and to compete in the
examination process. Following examination, if the applicant is successfully certified as
eligible, he/she may not be employed in a department or office in which a relative
(spouse, child, step-child, parent, step-parent, parent-in-law, legal guardian, brother,
sister, step-bother, step-sister, brother-in-law, sister-in-law, aunt, uncle, niece, nephew,
grandchild, grandparent or any other individual related by blood or marriage living in the
same household as a City employee) is employed if they:
(1) Perform joint duties; or
(2) Share responsibility or authority; or
(3) Report to the same immediate supervisor; or
(4) Would be supervised by or would supervise a relative; or
(5) Are related to the cognizant Department Head.
When the eligible applicant is refused appointment by virtue of this Section, the name of
the eligible applicant shall remain on the eligibility list for openings in the same
classification as otherwise provided in these Rules, where no relative is employed, is
supervised or supervising the vacant position.
Where two relatives are working in the same department at the time of the adoption of
these Rules, the employees may continue in their positions so long as their mutual
employment causes the City no loss of funds, time, or productivity.
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When two employees of the City become married and create a situation in which they
perform joint duties, share responsibility or authority, report to the same immediate
supervisor, or supervise each other, then every attempt will be made to offer a transfer to
another department. In the event a transfer to another department is not accepted aJor
unavailable, the employee shall make the decision as to which one shall resign. In the
event that neither employee resigns, the least senior employee shall be terminated.
......,
F. Subiect and Method of Examinations
Examinations for employment shall be competitive and shall include any technique
which, in the opinion of the Personnel Officer, fairly measures the job related
qualification of applicants. This may include written tests, interviews, performance tests,
assessment centers, physical ability tests, medical examinations, background
investigations, polygraph examinations, prior training, experience and education, or any
combination of the above. The City may contract with any competent agency or
individual for the performance by such agency or individual of the responsibility for
giving or scoring examinations.
G. Oualifyine: Grade and Ratine: Examinations
In all examinations the minimum grade or standing for which eligibility may be earned
shall be based upon all factors in the examination, including educational requirements,
experience, and other qualifying elements as shown in the application of the candidate or
other verified information. Failure in one part ofthe examination may be grounds for
declaring the applicant as failing in the entire examination, or as disqualified for '-'
subsequent parts of an examination.
H. Other Oualifvine: Procedures
(1) Pre-Employment Physical. Each person accepting employment to a position in
the competitive service may be required to pass a medical and/or physical
examination to the satisfaction of the Personnel Officer before an appointment to
such employment becomes effective. The pre-employment physical is done at a
City-designated medical facility at City cost.
(2) Employment Eligibilitv Verification. In compliance with regulations of the
United States Department of Justice and the Immigration and Naturalization
Service, the City requires that each person hired by the City complete Section I of
the Employment Eligibility Verification Form 1-9 to verify that the person is
eligible for employment in the United States.
(3) Education Background Verification. The City may request the person accepting
employment to verify their education background by providing copies of their
degrees, transcripts and/or certifications prior to appointment to the position.
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(4)
Criminal Conduct-Ineligibility for Emplovment. 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
City Manager may disregard such conviction if he/she finds and determines that
mitigating circumstances exist, such as, but not limited to, evidence of
rehabilitation, length oftime 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, Director of Administrative Services, City's Attorney,
Human Resources Analyst, and other Human Resources staff are authorized to
have access to the "State Summary Criminal History Information" as provided for
in Section 11105 ofthe Penal Code ofthe State of California.
(5) Fingerprinting. To facilitate the City's ability to perform complete background
checks on its employees, new City employees will be fingerprinted and their
backgrounds researched to ensure that there is nothing which would hinder their
~bility to perform their job satisfactorily or create any unnecessary liability for the
City.
(6) Military. For employees with military background, the City may require to see
page 4 of form DD214.
/"""
SECTION 10: CERTIFICATION
A. Elhdbilitv Lists
Eligibility lists will be established following examinations listing the names of those
applicants who qualified in the examination. These applicants will be considered
qualified for appointment, pending further review by the appointing authority and other
qualifying procedures such as back ground investigations, reference checks, polygraph,
and medical examinations. Eligibility lists shall be valid and in effect for a period of one
year. An eligibility list may be extended by action ofthe Personnel Officer for additional
six-month periods, but in no event shall a list remain in effect for more than two years. If
less than three names of qualified applicants are available for appointment, the Personnel
Officer may declare the list invalid and announce a new recruitment and examination
period. Names of those not chosen from an eligibility list that is less than one year old
may be merged with names on a newly established list for the same classification but
such names shall not remain on the new list for more than twelve months from the date of
their original examination.
Names shall be removed from an eligibility list for any of the following reasons:
(1) If an eligible person requests orally or in writing that hislher name be removed.
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(2)
If an eligible person fails to accept an offer of employment within ten (10) days
following the forwarding of such offer.
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(3) If an eligible person on a promotional list resigns from the service.
(4) If an eligible person in a medical examiner's opinion does not meet the physical,
medical or mental parameters established for the position.
(5) If an eligible person leaves no forwarding address at which he/she can be
contacted by registered mail.
(6) If an eligible person is found to be unsuitable for the position by the appointing
authority.
B. Notification of Results
Every applicant taking part in the examination process shall be given written notice of the
results. Any applicant shall have the right to review his/her own test results within five
(5) working days after notification of the examination results. An error in rating or
grading, called to the attention ofthe Personnel Officer within one month after the
effective date ofthe eligibility list, shall be corrected. Any correction shall not, however,
invalidate certification of an appointment previously made.
If appointment is to be made from an eligibility list, the names of persons willing to
accept appointment shall be certified by the Personnel Officer in the order in which they ~
appear on the list. Appointments may be made from any persons appearing on the
eligibility list. If sufficient names are not available on the list, then a temporary
appointment may be made until an eligibility list can be certified after appropriate
examination. If the temporary appointee takes the examination and successfully passes,
he/she may be reappointed by the Personnel Officer. If the temporary employee does not
successfully pass the examination, he/she shall be replaced by a person appearing on a
new eligibility list.
The Personnel Officer may certify names from a list for a higher classification in order to
fill a vacancy in a lower classification when job duties are of a similar nature. In no case
shall names be certified from a list for a lower classification to fill a vacancy in a higher
classification.
SECTION 11: COMPENSATION PLAN
A. Preparation of Plan
The Personnel Officer shall prepare a compensation plan covering all classes of positions
in the competitive service, showing the minimum, all intermediate and maximum rates of
pay. The Personnel Officer shall thereafter make such further studies of the
compensation plan as may be requested by the City Council.
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The Personnel Officer shall submit the proposed compensation plan to the City Council.
The Council shall adopt, or amend and adopt, the proposed plan. Thereafter, no position
shall be assigned a salary higher than the maximum or lower than the minimum salary
provided for that class of position unless the salary schedule for the class is amended in
the same manner as herein provided for its adoption.
B. Salary at Appointment
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Except as otherwise provided by this Section, all new employees shall be appointed at the
first step of the salary range for the particular class in which the appointment is made.
When in the judgment of the City Manager, and with the recommendation of the
Department Head, the education, training and experience of a proposed employee are
superior and justify a salary in excess of the first step; the City Manager may authorize an
appointment to a position at a higher step in the salary range. Initial employment at a
salary step other than the first step may also be authorized by the City Manager when a
particularly difficult recruiting problem for a class is found to exist.
c.
Advancement within Salary Rane:e
Advancement within a salary range shall be authorized only after the affirmative
recommendation of the Department Head and with the approval of the Personnel Officer.
Such recommendation may be made only on a basis of satisfactory job performance.
D.
Step Advancement
All employees shall be eligible to be advanced through the five steps in their respective
salary schedules in the following manner:
Step A - The first step is the minimum rate and shall normally be the hiring rate
for the class.
SteT> B - the second step is a rate to which a qualified, experienced, and
conscientious employee may expect to advance following the completion of six
(6) months satisfactory service in Step A.
Step C - The third step is the rate to which a qualified, experienced, and
conscientious employee may expect to advance following the completion of
twelve (12) months satisfactory service in Step B.
Step D - The fourth step is the rate to which a fully qualified, experienced, and
conscientious employee may expect to advance following the completion of a
minimum of twelve (12) months satisfactory service in Step C.
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Step E - The fifth step is the rate to which a fully qualified, experienced, and
conscientious employee may expect to advance following the completion of a
minimum of twelve (12) months satisfactory service in Step D.
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The City Manager may authorize the advancement of an employee to any of the steps of
his/her allocated salary schedule earlier than would normally be attained if exceptional
performance warrants. The recommendation for such advancement shall normally be
initiated by the respective Department Head.
E. Advancement Procedure
The following provisions shall govern the normal advancement procedures for employees
assigned to positions having a salary range:
(1) Notification of Eligibility to Department Head. Thirty days prior to each
employee's advancement eligibility date the Personnel Officer shall advise the
Department Head in writing of the employee's pending eligibility for a merit
salary increase. The Department Head shall subsequently advise the Personnel
Officer in writing prior to the employee's salary advancement eligibility date
whether or not helshe recommends advancement of the employee to the next
higher step in the appropriate salary range.
(2)
Notification of Authorization to Finance Officer. If the Department Head
recommends the advancement of the employee to the next higher salary step, the
Personnel Officer shall notify the Finance Officer in writing of the approved merit
salary increase and such notification shall constitute authorization for the Finance
Officer to make payment to the employee at the specified higher rate. Such
payment shall commence effective with the employee's advancement eligibility
date.
......"
(3) Postponement of Merit Salary Increase. If a Department Head recommends that
advance of the employee to the next higher salary step be postponed pending
further review of the employee's job performance, the employee will not be
assigned a new salary advancement eligibility date providing that said
postponement does not exceed a period of three months. If, during or at the
conclusion of the period of postponement, the Department Head recommends that
the employee be advanced to the next higher salary step, the Personnel Officer
shall notify the Finance Officer in writing and such notification constitutes
authorization for the Finance Officer to make payment to the employee at the
specified higher rate. Such payment shall commence at the beginning of the pay
period in which the recommendation is made. If said postponement exceeds three
months, the employee will be assigned a new salary advancement eligibility date
which shall be six months from the date the Department Head approved
advancement.
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(4)
Failure to Notify Department Head of Employee's Eligibility. Should an
employee's salary advancement eligibility date be overlooked through error, and
upon discovery of the error the employee is recommended for a merit salary
increase, the Finance Officer shall honor a supplemental payment compensating
the employee retroactive to the employee's advancement eligibility date.
(5) Error in Determination of Correct Salary Rate. Should an employee be advanced
to a higher step in the salary range for hislher class than for which he/she was
recommended through error, such error shall be corrected immediately following
its discovery. Reimbursement to the City by the employee for said error shall be
made in one lump sum or over several pay periods, as determined by the City
Manager.
Should the employee terminate before full reimbursement to the City has been
made, the money required to complete reimbursement shall be deducted from
hislher final paycheck.
(6)
Adiustment in Salary Advancement Eligibility Date Due to Leave of Absence.
The granting of any leave of absence without pay exceeding fifteen (15)
consecutive days shall cause the employee's salary anniversary date to be
postponed by the number of days for which such leave of absence has been
granted, less the first fifteen (15) days of such leave. The employee shall be
assigned a new salary advancement eligibility date which shall be the date to
which hislher previous salary advancement eligibility date has been postponed.
/""',
F. Salary on Promotion
An employee who is appointed to a position in a class allocated to a higher salary range
than the class in which he/she formerly occupied a position shall receive the nearest
higher monthly salary which is at least five percent higher than hislher previous base
salary but in no case shall he/she be compensated above the top step of the new salary
range unless the City Council grants specific approval. Payment in such new salary
range shall commence on the effective date indicated on the City personnel action form.
The effective date ofthe promotion shall be the basis ofthe employee's new salary
advancement eligibility date.
G. Salary on Transfer
After notice to the Personnel Officer, an employee may be transferred by the Department
Head at any time from one position to another position in the same or comparable class.
An employee who is transferred from one position to another in the same class or to
another position in a class having the same salary range shall be compensated at the same
step in the salary range as he/she previously received. The employee's salary
advancement eligibility date shall remain the same as it was before transfer.
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H. Salary upon Appointment to a Position in an Actin!! Capacity
Whenever the needs of the City require an employee to temporarily perform the duties of
a higher classification than that in which the employee is currently employed for a period
of more than twenty (20) consecutive working days, the employee shall receive the salary
rate of a higher class in which he/she is performing the required duties. In such cases, the
employee shall be paid at an appropriate step of the salary schedule ofthe higher
classification which will assure an increase of not less than 5% greater than the salary of
his/her current position, but in no case shall such salary exceed the top salary step ofthe
higher classification. The higher salary rate payable shall commence on the thirty-first
working day following the temporary reassignment to the performance of duties of the
higher classification. The requirement for the performance of duties of the higher
classification shall be placed in writing by the Personnel Officer following
recommendation by the affected Department Head. No employee shall be required to
perform any of the duties of a higher classification unless that employee is deemed to
possess the minimum qualification of the higher classification by the Personnel Officer as
recommended by the affected Department Head.
The employee assigned to perform the duties of a higher classification shall not serve for
more than ninety (90) working days in a higher classification whenever a vacancy exists
(or it is apparent that a vacancy will be present) without the announcement by the
Personnel Officer of an approved examination as otherwise provided in these rules and
regulations. In no case shall an employee serve more than six (6) months in a higher
classification without successfully passing the examination.
A person appointed in an acting capacity shall be eligible to receive merit increases in
his/her permanent position during the acting appointment but shall not be entitled to
merit increases in the position which he/she holds in an acting capacity. If successful in
being promoted, the period of time of service in the higher classification shall be credited
for the promoted employee toward the required period of probation for the higher
classification as otherwise required in these rules.
The Personnel Officer shall obtain the employee's written consent for the temporary
performance of any of the duties of the higher classification beyond a period of thirty
(30) working days, prior to an employee assuming or continuing the duties and
compensation of a higher classification, which consent shall clearly state that it is
understood that a reduction of salary shall be effected to his/her original salary rate upon
the expiration of the need for the performance of the duties of the higher classification.
In no instance shall the salary rate of the higher classification extend beyond the six (6)
months period as hereinabove set forth, unless otherwise promoted in accordance with
these rules and regulations.
I. Salarv on Reinstatement
Notwithstanding other provisions ofthese rules and regulations, a person reinstated
(within two years) in 1) a position allocated to a class in which he/she previously held
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regular status and from which he/she was separated in good standing or 2) a position
allocated to a class which is comparable (as determined by the City) to a position in
which he/she previously held regular status and from which he/she was separated in good
standing, may, with the approval ofthe City Manager and the head of the department in
which he/she would be reinstated, be appointed to the same step of the salary range for
the particular class of position as the step which he/she occupied at the effective date of
hislher resignation. Upon reinstatement, the employee's salary advancement eligibility
date shall be determined as provided in the prior subsection.
J.
Salary on Suspension
An employee who has been suspended without pay from hislher position shall not receive
hislher salary for the duration ofthe suspension.
K. Salary on Demotion
The salary of the employee who is demoted to a position in a class allocated to a lower
salary range than the class in which he/she formerly occupied a position shall be
determined as follows:
(1)
Involuntary Demotion. An employee who is involuntarily demoted to a position
in a class allocated to a lower salary range than the class in which he/she formerly
occupied a position shall have hislher monthly salary reduced to the nearest lower
monthly salary rate in the salary range for the class to which he/she has been
demoted. In lieu of a reduction in salary, the City Manager may approve a "Y"
rate for the employee. A "Y" rate exists when the employee's salary is frozen at
the present level until such time as a subsequent general salary increases catch up
or exceed the employee's salary at the "Y" rate. He/she shall not be required to
serve a probationary period in the lower position unless he/she has not completed
hislher initial probationary period as required by these rules. In such case, he/she
will be required to complete hislher probationary period in the lower position.
The employee shall retain the salary advancement eligibility date he/she had in
the higher position.
(2) V oluntary Demotion. An employee who is demoted at hislher own request to a
position in a class allocated to a lower salary range than the class in which he/she
formerly occupied a position shall have hislher monthly salary reduced to the
nearest lower monthly salary in the salary range for the class to which he/she has
been demoted. In lieu of a reduction in salary, the City Manager may approve a
"Y" rate for the employee. A "Y" rate exists when the employee's salary is
frozen at the present level until such time as subsequent general salary increases
catch up or exceed the employee's salary at the "Y" rate. He/she shall not be
required to serve a probationary period in the lower position unless he/she has not
completed hislher initial probationary period as required by this Section. In such
case, he/she will be required to complete hislher probationary period in the lower
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position. The employee shall retain the salary advancement eligibility date he/she
had in the higher position.
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L. Chane.es in Salary Allocation
Whenever a classification is reallocated to a new salary range, the salary of an employee
in that classification (except an employee in an acting capacity) shall be determined as
follows:
(1). Allocation to a Higher Salary Ran2e. If the class is reallocated to a higher salary
range, the employee shall be compensated at the step in the new salary range
which is most nearly equivalent to what he/she was receiving in the range to
which the class was previously allocated. With the approval of the Personnel
Officer, the employee may be compensated at the same step in the new salary
range as he/she was receiving at the range to which the class was previously
allocated. The employee's salary advancement eligibility date shall not change.
(2)
Allocation to a Lower Ran2e. If the class is reallocated to a lower salary range
the salary of the employee shall not change unless it is greater than the maximum
step of the lower salary range, in which case, it shall be reduced to the maximum
step of the new range. In lieu of a reduction in salary, the City Manager may
approve a "Y" rate of the employee. A "Y" rate exists when the employee's
salary is frozen at the present level until such time as subsequent general salary
increases catch up or exceed the employee's salary at the "Y" rate. The
employee's salary advancement eligibility date shall not change.
.......,
M. Salary on Position Reclassification
The salary of an employee in a position that is reclassified shall be determined as follows:
(1) Class with Same Salary Range. If the position is reclassified to a class with the
same salary range as the previous class, and if the incumbent is appointed to the
reclassified position, the salary rate and the salary advancement eligibility date of
the employee shall not change. This provision shall also apply to the change of
class title, provided there is no change in the basic duties of the position.
(2) Class with Higher Salary Ran2e. If the position is reclassified to a class with a
higher salary range than the previous classification, and if the incumbent is
appointed to the reclassified position, he/she shall be compensated at the step in
the new salary range which comes nearest to but not less than five percent higher
than the step he/she held in the previous salary range. The salary of the employee
service in an acting capacity shall be reestablished based on the provision
concerning appointments to acting positions.
(3)
Class with Lower Salary Range. If the position is reclassified to a class with a
lower salary range than the previous class, and if the incumbent is appointed to
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the reclassified position, his/her salary shall not change unless it is greater than
the maximum step of the lower salary range, in which case it should be reduced to
the maximum step of the new range. In lieu of a reduction in salary, the City
Manager may approve a "Y" rate for the employee. A "Y" rate exists when the
employee's salary is frozen at the present level until such time as subsequent
general salary increases catch up or exceed the employee's salary at the "Y" rate.
The incumbent's salary anniversary date shall not change. The salary of the
employee serving in an acting capacity shall be reestablished based on the
provisions concerning appointments to acting positions.
N.
Reduction in Salary
An employee who is being paid at a salary step higher than the first step of a salary range
may be reduced by one or more steps on the recommendation of the head of the
department in which he/she is employed with the approval ofthe City Manager. The
effective date of the salary reduction shall be the employee's new salary advancement
eligibility date.
O.
Council Authority to Specify Salary
/""',
Notwithstanding anything in these rules and regulations to the contrary, the City Council
may by resolution, upon recommendation of the City Manager, specify that the
incumbent of a particular position shall occupy a step on the salary range for the class
either higher or lower than that provided for elsewhere in these rules and regulations.
P.
Additional Compensation
Notwithstanding anything in these rules and regulations to the contrary, when in the
judgment of the City Council it becomes necessary or desirable to utilize the service of
City employees in capacities other than those for which they are regularly employed, the
City Council may, by minute order, so authorize and fix an additional rate of
compensation for such employees, and they shall be paid in accordance with the
provisions of those rules and regulations.
SECTION 12: PROBATIONARY PERIOD AND PERFORMANCE EVALUATIONS
A. Probationary Period
All original and promotional appointments shall be tentative and subject to a probationary
period of not less than twelve (12) months!. No employee shall be considered to be on
permanent status until after satisfactory completion of the probationary period.
r-
I A promotional appointment to a position with the recognized bargaining unit shall serve a probationary period of
not less than six (6) months.
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The probationary period shall be regarded as part of the testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his/her position, and for rejecting any probationary
employee whose performance does not meet the required standard of work. A
Department Head may recommend, and the City Manager may extend an employee's
probationary period by a maximum of six months in two month increments.
~
Probationary employees do not have property or vested rights to their position with the
City. During the probationary period an employee may be rejected at any time by the
appointing power without cause and without the right of appeal. Notification of rejection
in writing shall be served on the probationer and a copy shall be filed with the Personnel
Officer.
If the service of the probationary employee has been satisfactory, then the appointing
authority shall file with the Personnel Officer a statement to that effect.
Any employee rejected during the probationary period following a promotional
appointment shall be reinstated to the position from which he/she was promoted unless
charges are filed and he/she is discharged in the manner provided in these rules for
positions in the competitive service.
B. Emplovee Performance Evaluation
A report of performance of each probationary employee shall be made by respective
Department Heads or their designees on a form provided by the Personnel Officer every
three months. A performance report for regular employees shall be prepared within thirty
days prior to the salary advancement eligibility date. In addition, a report may be
prepared at any time at the discretion ofthe employee's supervisor.
~
Each performance evaluation shall be thoroughly discussed with the employee to point
out areas of successful performance and areas that need improvement. The employee
may comment regarding his/her work performance, either in a written statement attached
to the report or orally. The employee shall sign the performance report to acknowledge
that he/she is aware of its contents and has discussed the report with the evaluator. The
employee's signature does not imply that he/she fully agrees with the contents of the
report.
Reports shall be prepared with a copy to the employee, the department's file, and to the
Personnel Officer for retention in the employee's employment history file.
c. Discretionarv Medical Evaluation
With the approval ofthe Personnel Officer, any employee may be required to be
medically or psychologically evaluated by an expert designated by the City at any time,
for good cause. The City shall bear the expense of such an evaluation. If such a medical
or psychological evaluation report concludes that the employee cannot perform the
AGENDA ITEM NO.~
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essential duties of the employee's position, the employee may be separated from
emploYment with the City by the department director, with the approval ofthe appointing
power. A medically evaluated employee shall not return to work without a written
authorization from the City's designated expert.
SECTION 13: DISCIPLINARY AND APPEALS PROCEDURE
A. Basis for Disciplinary Action
The tenure of every City employee shall be based on reasonable standards of personal
conduct and job performance. Failure to meet such standards shall be grounds for
appropriate disciplinary action, which shall be commensurate with the seriousness ofthe
offense and with consideration of the employee's prior performance record. Disciplinary
action shall be based upon any of the following grounds:
(1) Fraud in securing emploYment or making a materially false statement on an
application for emploYment or on any supporting documents furnished with or
made a part of any application.
(2) Incompetence such as failure to comply with the minimum standards for an
employee's position for a significant period of time.
,,--
(3)
Neglect of duty, such as failure to perform the duties required of an employee's
position.
(4) Willful disobedience and insubordination such as a willful failure to submit to
duly appointed and acting supervision or to conform to duly established orders or
directions of persons in a supervisory position.
(5) Dishonesty involving emplOYment.
(6) Being under the influence of alcohol or intoxicating drugs without a prescription
while on duty.
(7) Addiction to or habitual use of alcoholic beverages, narcotics or any habit-
forming drug.
(8) Inexcusable absence without leave.
(9) Conviction of a crime or conduct constituting a violation of State law.
(10) Discourteous treatment of the public.
(11) Improper or unauthorized use of City property.
r-.
(12) Violation of the rules and regulations of any department.
AGENDA ITEM NO. \ l
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(13) Refusal to subscribe to any oath or affirmation, which is required by law in
connection with City employment.
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(14) Any act of conduct undertaken which, either during or outside of duty hours, is of
such a nature that it causes discredit to fall upon the City, the employee's
department or division.
(15) Failure to maintain proper decorum during working hours causing discredit to the
employee's department or division.
(16) Abuse of sick leave.
(17) Knowingly failing to follow the procedures governing grievances when pursuing
a gnevance.
(18) Inattention to d~ty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
(19) The employee's failure to resolve a physical or mental infirmity(s) or defect(s),
when it is within the capacity ofthe employee to do so.
(20) Outside employment which conflicts with the employee's position and is not
specifically authorized by the City Manager.
.......,
(21) Acceptance from any source of any emolument, reward, gift or other form of
remuneration in addition to the employee's regular compensation, as a personal
benefit to the employee for actions performed in the normal course of the
employee's assigned duties.
(22) Falsification of any City report or record, or of any report or record required to be
filed by the employee.
(23) Violation of any of the provisions of the City Code, ordinances, resolutions, or
any rules, regulations or policies which may be prescribed by the City Council,
City Manager, department manager or supervisor.
(24) Political activities precluded by State or Federal law.
(25) Other acts which are incompatible with service to the public.
B. Types of Discipline
The following procedures shall be followed when, in the judgment of the Department
Head, an employee has committed an act or omission that justified the disciplinary action
indicated. Except for written warnings/reprimands, the Department Head or his/her
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designee shall advise employees of contemplated disciplinary actions in writing and
allow the employee an opportunity to respond to such charges prior to taking action.
When life, or employee safety, is endangered, or the self-control of an employee is
questionable, a supervisor shall take immediate action to reduce or eliminate the danger
or to establish control. In case of an emergency, an employee shall have all of the rights
set forth herein, except the right to receive prior written notice of proposed disciplinary
action. The Personnel Officer must be contacted immediately.
(1) Warning/Reprimand. If the warning/reprimand is in writing, the Department
Head shall give the employee a copy and forward a copy to the Personnel Officer
for review and retention in the employee's personal history file. A written
warning/reprimand shall contain a description of the events which necessitated the
action, specific expectations of change by the employee, and notice of further
action in the event a change by the employee does not occur. An employee shall
have the right to attach a written rebuttal.
(2)
Suspension. A Department Head may suspend an employee with or without pay
from hislher position. A pre-disciplinary suspension shall be with pay. The
appointing authority shall advise the Personnel Officer in writing of such intended
action and shall give a copy of such statement to the employee. The written
statement shall contain a description of the events which necessitated the
suspension, a statement of the charges, notification that the employee may review
and be provided with the materials leading to the suspension, the right of the
employee to meet with the appointing authority and/or to respond in writing
within a reasonable time frame to the charges, and notice of further action in the
event a change by the employee does not occur. Unless extended by approval of
the City Manager on written recommendation of the Department Head, the
maximum period of suspension shall be thirty (30) days. These procedures are
pre-disciplinary in nature.
,,-...
(3) Demotion or Reduction in Pay. A Department Head shall advise the Personnel
Officer in writing of hislher intention to demote or reduce the salary of an
employee prior to taking such action. In demoting an employee or reducing
hislher salary, the Department Head shall make a written notice and shall give a
copy of said notice for demotion or reduction in pay to the employee and forward
a copy to the Personnel Officer for review and retention in the employee's
personal history file. The written statement shall contain a description of the
events which necessitated the demotion, a statement of the charges, notification
that the employee may review and be provided with the materials leading to the
demotion, the right of the employee to meet with the appointing authority and/or
respond in writing within a reasonable time frame to the charges, and notice of
further action in the event a change by the employee does not occur. These
procedures are pre-disciplinary in nature.
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(4)
Dismissal. A Department Head shall advise the Personnel Officer in writing of
his/her intention to dismiss an employee prior to taking such action. In dismissing
an employee, the Department Head shall make a written notice and shall give a
copy of said notice of dismissal to the employee and forward a copy to the
Personnel Officer for review and retention in the employee's personal history file.
The written statement shall contain a description of the events which necessitated
the dismissal, a statement ofthe charges, notification that the employee may
review and be provided with the materials leading to the dismissal, and the right
ofthe employee to meet with the appointing authority and/or respond in writing
within a reasonable period to the charges. These procedures are pre-disciplinary
in nature.
c. Notices
Written notices will be given to the employee in person whenever possible and the
employee's signature obtained to indicate receipt. In the absence of personal service, the
notice may be sent by registered mail.
D. Employee's Response
An employee's opportunity to respond to the appointing authority is not intended to be an
adversary hearing. An employee has the right to have a representative of his /her own
choosing at the meeting. The employee need not be accorded the opportunity to
cross-examine a department's witnesses, nor to present a formal case in opposition to the
proposed discipline. However, the limited nature of this response does not obviate the
appointing authority's responsibility to initiate further investigation if the employee's
version ofthe facts raises doubts as to the accuracy ofthe Department Head's
information leading to the discipline proposal. An employee may elect not to respond,
thereby waiving any further pre-disciplinary response.
The appointing authority will evaluate the proposed discipline in light of the employee's
response, if any. Within five (5) working days of the employee's response, or deadline
for response, a decision will be transmitted in writing to the employee. Service of the
decision will be in person or by registered mail.
E. Appeal Procedures
Any permanent employee in the classified service shall have the right to appeal any
termination, suspension of forty (40) hours or more, reduction in salary, or
non-probationary demotion. The appeal process shall not be applicable to those positions
which may be deemed exempt or to probationary employees. The appeal process shall
not be applicable to verbal and written reprimands, suspensions of less than forty (40)
hours, probationary demotions, performance evaluations and denial of merit increases.
An employee desiring to appeal the appointing authority's decision shall have ten (10)
days after receipt of the response to file an appeal. The employee's request for appeal
AGENDA ITEM NO. \ I
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must be addressed to the City Manager and received in the City Manager's office so that
same is date stamped by the City Manager's office within the ten (to) day period.
If, within the 10-day appeal period, the employee involved does not file said appeal,
unless good cause for the failure is shown, the action of the appointing authority shall be
considered conclusive and shall take effect as prescribed. If within the ten (10) day
appeal period, the employee involved files such notice of appeal by giving written notice
of appeal to the City Manager, an appeal hearing shall be established as follows:
(1) The California State Mediation and Conciliation Service shall be requested to
submit a list of seven (7) persons qualified to act as hearing officers to the City
and the employee. Within ten (10) days following receipt of the list of hearing
officers, the parties shall meet to select the hearing officer. The parties shall
alternately strike one (1) name from the list of hearing officers (the right to strike
the first name to be determined by lot) until one (1) name remains, and that person
shall be the hearing officer.
(2) Where practicable, the date for a hearing shall not be less than twenty (20) days,
nor more than sixty (60) days, from the date of the filing of the appeal with the
Personnel Officer. The parties may stipulate to a longer or shorter period of time
in which to hear the appeal. All interested parties shall be notified in writing of
the date, time, and place of hearing.
,-..,
(3) All hearings shall be private provided, however, that the hearing officer shall, at
the request of the employee, open the hearing to the public.
(4) Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at
the request of either party, not less than seven (7) days, prior to the
commencement of such hearing. After the commencement of such hearing,
subpoenas shall be issued only at the discretion of the hearing officer.
(5) The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort
of evidence on which reasonable persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rules
which might make improper admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence but shall not be sufficient in itself to support a
finding unless it would be admissible over objection in civil actions. The rules of
privilege shall be effective to the same extent that they are now or hereafter may
be recognized in civil actions, and irrelevant and unduly repetitious evidence shall
be excluded. The hearing officer shall not be bound by technical rules of
evidence. The hearing officer shall rule on the admission or exclusion of
evidence.
,..-- .
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(6)
Each party shall have these rights: To be represented by legal counselor other
person of his/her choice; to call and examine witnesses; to introduce evidence; to
cross-examine opposing witnesses on any matter relevant to the issues even
though that matter was not covered in the direct examination; to impeach any
witness regardless of which party first called himlher to testify; and to rebut the
evidence against himlher. If the employee does not testify in his/her own behalf,
he/she may be called and examined as if under cross-examination. Oral evidence
shall be taken only on oath or affirmation. A court reporter will be engaged to
record the hearing, unless the parties (City, hearing officer, employee/employee
representative) mutually agree that same is not necessary.
(7) The hearing shall proceed in the following order, unless the hearing officer, for
special reason, otherwise directs:
(8)
(a) The party imposing discipline shall be permitted to make an opemng
statement;
(b) The appealing party shall then be permitted to make an opening statement;
(c) The party imposing disciplinary action shall produce the evidence on
his/her part; the City bears the burden of proof and burden of producing
evidence;
(d)
The party appealing from such disciplinary action may then open his/her
defense and offer his/her evidence in support thereof; the employee bears
the burden of proof and the burden of producing evidence for any
affirmative defenses asserted;
( e) The parties may then, in order, respectively offer rebutting evidence only,
unless the hearing officer for good reason, permits them to offer evidence
upon their original case;
(f) Closing arguments shall be permitted and written briefs may be permitted
at the discretion of the hearing officer.
The hearing officer shall determine relevancy, weight, and credibility of
testimony and evidence. He/she shall base his/her findings on the preponderance
of evidence. During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing unless the hearing officer, in his/her
discretion, for good cause, otherwise directs. No still photographs, moving
pictures, or television pictures shall be taken in the hearing chamber during a
hearing. The hearing officer, prior to or during a hearing, may grant a
continuance for any reason he/she believes to be important to reaching a fair and
proper decision. The hearing officer shall render his/her judgment as soon after
the conclusion of the hearing as possible and in no event later than thirty (30)
days after conducting the hearing. His/her decision shall set forth which charges,
AGENDA ITEM NO. U-
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if any, are sustained and the reasons therefore. The oplillon shall set forth
findings of fact and conclusions.
(9) The hearing officer may recommend sustaining or rejecting any or all of the
charges filed against the employee. He/she may recommend sustaining, rejecting,
or modifying the disciplinary action invoked against the employee. He/she may
not recommend discipline more stringent than that issued by the Department
Head.
The hearing officer's opinion and recommendation shall be filed with the City
Manager, with a copy sent to the charged employee, and shall set forth hislher
findings and recommendations. If it is a dismissal hearing and a dismissal is not
the hearing officer's recommendation, the opinion shall set forth the date the
employee is recommended to be reinstated and/or other recommended action.
The reinstatement date, if appropriate, may be any time on or after the date of
disciplinary action.
~
(10) Within thirty (30) days of the receipt of the hearing officer's findings and
recommendation, and transcript (which is optional only by the mutual consent of
the City and the employee), whichever date is later, the City Manager shall adopt,
amend, modify or reject the recommended findings, conclusions, and/or opinions
of the hearing officer. Prior to making a decision which modifies or rejects the
recommendation of the hearing officer, the City Manager shall order and read the
transcript of the Third Party Advisory Process. Prior to making a decision which
supports the hearing officer, the City Manager may order and read the transcript,
at hislher option. The City Manager shall not conduct a de novo hearing. The
City Manager may, at hislher option, allow limited oral arguments and/or may
request and review written statements from either side. The decision of the City
Manager shall be final and conclusive. Copies of the City Manager's decision,
including the hearing officer's recommendation(s) shall be filed where
appropriate, including the employee's personnel file, unless no discipline is
upheld by the City Manager.
(11) Each party shall bear equally the cost of facilities, fees and expenses of the
hearing officer, including the court reporter and transcripts. Each party shall bear
its own witness and attorney fees. If either party unilaterally cancels or postpones
a scheduled hearing, thereby resulting in a fee charged by the hearing officer -or
court reporter, then the party responsible for the cancellation or postponement
shall be solely responsible for payment of that fee. This process shall not apply to
mutual settlements by the parties which result in an arbitration fee.
",-. ..
(12) In the case of suspension, demotion, reduction in salary, or dismissal prescribed
by the City Manager, the time of such suspension, demotion or dismissal shall be
effective from the first day after such delivery of said decision or shall relate back
to and be effective as of the date the employee was disciplined pending hearing
before and decision by the City Manager, whichever is applicable. If discipline
AGENDA ITEM NO. \ \
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29
imposed resulted in loss of pay, and the decision results in reduction or
elimination of loss of pay, the pay loss shall be restored to the employee based on
the number of standard work hours lost computed at hislher then base hourly rate.
'-'"
(13) The provisions of Section 1 094.6 of the Code of Civil Procedure shall be
applicable to proceedings under this Section.
SECTION 14: GRIEVANCE PROCEDURE
A. Definition
A "grievance" is a formal, written allegation by a grievant that he/she has been adversely
affected by an existing violation, misinterpretation or misapplication of the specific
provisions of the Memorandum of Understanding and/or provisions of the Personnel
Rules and Regulations. Other matters for which a special method of review is provided
by law, ordinance, resolution, or by administrative regulations and procedures of the City,
are not within the scope of this procedure. This procedure is not to be used in lieu of the
Disciplinary and Appeals Procedure set forth in Section 13.
Do Procedure
(1)
Every effort shall be made to resolve a grievance through discussion between the
employee and hislher immediate supervisor. It is the spirit and intent of this
procedure that all grievances are settled quickly and fairly without subsequent
discrimination against employees who may seek to adjust a grievance. Every
effort should be made to find an acceptable solution at the lowest level of
supervision. Within fifteen (15) days after a grievant knew, or by reasonable
diligence should have known, of the condition upon which a grievance may be
based, the grievant shall attempt to resolve it by an informal conference with the
grievant's immediate supervisor.
'-'"
(2) If the problem cannot be resolved between the employee and the supervisor, the
employee may, within seven (7) days from the date of receiving the answer from
hislher supervisor, request an interview with the division manager, if one exists,
in order to discuss the grievance.
(3) If the division manager and employee cannot reach a solution to the grievance, the
employee may, within seven (7) days from the date of receiving the answer from
the division manager, request, in writing, an interview with the Department Head.
(4) The division manager and/or Department Head shall render hislher decision in
writing within fifteen (15) days of receiving the appeal. If the Department Head
and employee are unable to arrive at a satisfactory solution, the employee may,
within ten (10) days from the date of the decision by the Department Head,
submit a written appeal to the City Manager.
AGENDA ITEM NO. \ \
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(5)
The City Manager shall review the grievance and respond to the employee within
twenty (20) days of receiving the appeal. The response shall be in writing and
will be considered an expression of management's viewpoint, and shall be the
final administrative review.
(6) If the time limits for employees' appeals at any step should elapse, the grievance
shall be considered withdrawn. Time limits may be extended by mutual consent.
If the City fails to respond within the prescribed time limits, the grievance will be
deemed to have been denied and the employee may go to the next step. If the
City Manager fails to respond within the prescribed time limit, the grievance will
be deemed to have been denied and the employee will be deemed to have
exhausted his/her administrative remedy.
(7) The employee may request the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level of review. In the
event the employee desires the presence of a representative who is an employee of
the City, he/she shall make such request through the supervisor and the supervisor
shall make the necessary arrangements for the employee representative to be
present.
(8)
"........
(9)
(10)
(11)
(12)
r-'
The employee and/or his/her representative may use a reasonable amount of work
time as determined by the appropriate supervisor or Department Head in
presenting the appeal. However, no employee shall absent himself/herself
without first being excused by his/her supervisor.
No employee shall be required to be represented by an employee organization in
. .
processmg a gnevance.
Employees shall be assured freedom from reprisal for usmg the gnevance
procedures by both the City and the employee organization.
The settlement terms of a grievance which is processed by an employee
individually or by an informally recognized employee organization shall not
conflict with the express provisions of a Memorandum of Understanding between
the City and the formally recognized employee organization for such unit, if any.
A group grievance may be filed when one (1) set of circumstances or occurrences
affects more than one (1) employee in the same manner or to the same extent.
The group may file one (1) document which all members of the group have read
and signed. Members of the group shall be limited to those who have signed the
grievance. The resolution of a group grievance may not be consistent among all
employees in the group grievance due to differences in the circumstances or
occurrences that brought about the grievance.
A group grievance affecting all members of an employee organization may be
brought by the employee organization itself. In such case the procedure shall be
AGENDA ITEM NO. \ l
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commenced directly at the City Manager level within fifteen (15) working days
after authorized representatives of the employee organization knew or by
reasonable diligence should have known of the condition giving rise to the
grievance and shall be subject to all applicable time limitations and the provisions
set forth above.
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SECTION 15: EMPLOYEE ACTIVITIES
A. General Consideration
During the employee's work day, he/she is expected to devote his/her full time in the
performance of his /her assigned duties as a City employee.
An employee in the competitive service shall not engage in any employment, activity or
enterprise which is inconsistent, incompatible or in conflict and his/her duties, functions
or responsibilities as a City employee, nor shall he/she engage in any outside activity
which will directly or indirectly contribute to the lessening of his/her effectiveness as a
City employee.
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 provided in these rules and
regulations. .
B.
Outside Employment
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Any regular employee desiring to engage in outside employment shall first obtain
approval from his/her Department Head and the Personnel Officer. The employee shall
submit a statement to his/her Department Head naming the prospective employer, address
and telephone number, and outlining the proposed duties and the hours of work.
Approval may be denied if, in the opinion of the Department Head and/or Personnel
Officer, such outside employment is incompatible with the proper discharge of the
employee's official duties or creates an actual conflict of interest, or the appearance of a
conflict of interest, with City duties, or otherwise adversely affects the employee's ability
to perform City duties. The approval of any such request shall be subject to review by the
Department Head and/or Personnel Officer on an annual basis, and any such approval
may be reconsidered and withdrawn at any time.
Authorization for outside employment is automatically terminated whenever the outside
employer and/or nature of outside employment changes from that specified in previous
letters of approval. When such a change occurs, employees shall apply for a new
approval for outside employment as provided herein.
C. Determination of Inconsistent Activities
making a determination as to the consistency or inconsistency of outside activities, the
appointing authority shall consider, among other pertinent factors, whether the activity:
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(1)
Involves receipt or acceptance by the 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 or hours of his/her City employment or as a part of
his/her duties as a City employee; or,
(2) Involves the performance of an act in other than his/her capacity as a City
employee which act may later be directly or indirectly related to the control,
inspection, review, audit or enforcement by such employee or the department by
which he/she is employed; or,
(3) Involves conditions or facts which would probably directly or indirectly lessen the
efficiency of the employee in his/her regular City employment, or conditions in
which there is a substantial danger of injury or illness to the employee; or,
(4) Involves the use for private gain or advantage of City time, facilities, equipment
and supplies, prestige, influence, or confidential information of one's City office
or employment; or,
(5) Involves the solicitation of future employment with a business doing business
with the City over which the employee has some control or influence in hislher
official capacity at the time of the transaction.
,,--.
D. Improper Use of City Equipment Prohibited
No City-owned equipment, autos, trucks, instruments, tools, supplies, machine, badge,
identification cards, or other items which are the property of the City shall be used by an
employee except upon prior approval of the City Manager.
No employee shall allow any unauthorized person to rent, borrow or use any of the items
mentioned above unless upon prior approval of the City Manager.
E. Violations and Penalties
Any violation of this provision respecting such outside employment or activity, or
improper use of City equipment, shall constitute grounds for disciplinary action including
dismissal of a City employee who commits such violation.
SECTION 16: REGULATIONS AND STANDARDS
A.
Code of Ethics
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The City Council of the City of Lake Elsinore has adopted City Council Policy No.1 00-2
establishing a Code of Ethics for all elected and appointed public officials and
employees, which shall be considered to be a part ofthese Rules and shall, to the extent
AGENDA ITEM NO. \ ,
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33
applicable, govern the conduct of all City employees. A copy of Policy No. 100-2 is
attached as Appendix "A."
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B. Policv A2:ainst Discrimination and Harassment
(1) Purpose. The City of Lake Elsinore (the "City") is committed to providing a
work environment that is free from discrimination and harassment. In keeping
with this commitment, the City maintains a strict policy prohibiting
discrimination and harassment, including sexual harassment.
The purpose of this Policy is to define and forbid discriminatory and/or harassing
conduct, to prohibit the condoning or perpetuating of such conduct and to provide
an efficient means for reporting and resolving complaints of discrimination and/or
harassment.
This policy is also posted on the Bulleting Board at City Hall, City Yard, and the
Community Centers at any time. If you need another copy, please let us know.
State and federal law expressly prohibit discrimination and/or harassment of
employees or applicants based on race, religion, creed, color, national origin,
ancestry, physical or mental disability, medical condition, pregnancy, veteran
status, sexual orientation, marital status, sex or age over 40 years. .
Discrimination and/or harassment is misconduct that can decrease work
productivity, decrease morale and cause emotional and physical damage.
Incidents of discrimination and/or harassment can result in serious economic
implications such as high turnover, ineffective use of time during working hours,
costly salaries paid for nonproductive work hours, and employee absences due to
hearings and meetings related to discrimination and/or harassment complaints.
......."
(2) Policy. The city's policy strictly prohibits unlawful discrimination and
harassment on the basis of race, religion, creed, color, sex, sexual orientation,
national origin, ancestry, physical or mental disability, medical condition,
pregnancy, childbirth, veteran status, marital status or age over 40 years. The
City considers discrimination and/or harassment a serious offense and is firmly
committed to the philosophy that every employee has the right to work in an
environment free from discriminatory intimidation, ridicule and insult and to be
treated with courtesy, dignity and respect. Every employee is expected to adhere
to a standard of conduct that is respectful to all persons within the work
environment.
In keeping with this commitment, the city maintains and follows a strict policy
prohibiting unlawful discrimination and harassment, in any form, including
verbal, physical and visual harassment, coercion, and/or reprisal. This policy
applies to all employees, including non-supervisory personnel, supervisors,
management, elected and appointed officials, vendors and visitors. The city does
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not tolerate any discrimination, sexual or other harassment of employees at the
work place or in any work-related situation by anyone. If, after a prompt and
thorough investigation, it is determined that an employee has engaged in
discrimination and/or sexual or other harassment, that employee will be
disciplined, up to and including termination.
(3)
Prohibited Conduct. The City's Discrimination and Harassment Policy prohibits
the following types of conduct:
(a) Discrimination. Discrimination is any action or conduct by which an
employee is treated differently or less favorably than other employees
similarly situated to him or here for the sole reason that he or she is a
member of a legally protected category, such as race, religion, creed,
color, national origin, ancestry, physical or mental disability, medical
condition, pregnancy, childbirth, veteran status, sexual orientation, marital
status, sex, or age over 40 years. For example, it would be discrimination
for an individual to be denied employment or terminated from
employment because that individual has a disability or is 40 years of age
or older.
(b)
Harassment. Unlawful harassment is any verbal or physical conduct based
on an employee's membership in a protected category, such as race,
religion, creed, color, national origin, ancestry, physical or mental
disability, medical condition, sex, sexual orientation or age over 40 years,
that is sufficiently severe or pervasive so as to affect an employee's work
performance negatively and/or alter the conditions of employment and
create an intimidating, hostile or otherwise offensive working
environment.
(c) Sexual Harassment. Sexual harassment is defined as follows: Any action
that constitutes an unwelcome sexual advance or request for sexual favors,
or any verbal or physical conduct of sexual nature that is (i) related to or
conditional to the receipt of employee benefits, including, but not limited
to, hiring and advancement, (ii) related to or forms the basis for
employment decisions affecting the employee, or (iii) sufficiently severe
or pervasive so as to affect an employee's work performance negatively
and/or alter the conditions of employment and create an intimidating,
hostile or otherwise offensive working environment.
Examples ofthe type of conduct that can constitute unlawful harassment
or sexual harassment include, but are not limited to, the following:
(i)
Verbal harassment - For example: epithets, derogatory comments
or slurs, graphic commentaries about an individual's body or other
suggestive comments made on the basis of a legally protected
category, such as race, religion, creed, color, national origin,
AGENDA ITEM NO. \ l
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ancestry, physical or mental disability, medical condition,
pregnancy, childbirth, veteran status, marital status, sex, sexual
orientation or age over 40 years.
.....,
(ii) Physical harassment - For example: assault, impeding or blocking
movement, interference with normal work movement, massages,
sitting on laps, or unwanted touching of any type based upon a
legally protected category, such as race, religion, creed, color,
national origin, ancestry, physical or mental disability, medical
condition, pregnancy, childbirth, veteran status, marital status, sex,
sexual orientation or age over 40 years.
(iii) Visual forms of harassment - For example: leering, making
derogatory gestures, derogatory posters, notices, bulletins,
cartoons, drawings, e-mails, faxes or other depictions based upon a
legally protected category, such as race, religion, creed, color,
national origin, ancestry, physical or mental disability, medical
condition, pregnancy, childbirth, veteran status, marital status, sex,
sexual orientation, or age over 40 years.
(iv)
Sexual conduct - For example: unwelcome sexual advances,
request for sexual favors, propositions, and other verbal or physical
conduct of a sexual nature which is made a condition of an
employment benefit or unreasonably interferes with an individual's
work performance and creates an offensive work environment.
.....,
(v) Retaliation - Taking adverse employment action against any
employee for having reported or threatened to report unlawful
discrimination or harassment on the basis of a legally protected
category, such as race, religion, creed, color, national origin,
ancestry, physical or mental disability, medical condition,
pregnancy, childbirth, veteran status, sexual orientation, marital
status, sex, or age over 40 years.
If you have any questions regarding these definitions of discrimination,
harassment, and/or sexual harassment, if you are uncertain what
constitutes discrimination, harassment, or sexual harassment or, if you are
uncertain as to what constitutes prohibited conduct under the City's
Policy, contact your supervisor, the Personnel Officer, the City Manager
or other management official.
(4) Reporting Discrimination Or Harassment. If you believe any comments, gestures
or action of a co-worker, supervisor, elected or appointed official, vendor or
visitor are discriminatory, harassing or offensive, you should immediately
communicate to that person such behavior is unwelcome. However, if you do not
feel able to do so (for example, in the case where the alleged harasser is a
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supervisor or elected official) you should immediately advise the Personnel
Officer or the City Manager. Failure to do so does not prevent you from filing a
complaint nor does it in any way exonerate the discriminating party or harasser.
City management is readily available and are receptive to complaints of
discrimination, sexual or other harassment. If you feel that you are being
discriminated against or harassed by another employee, by a vendor, by a visitor
or otherwise, you should immediately report the facts of the incident or incidents
and the name(s) ofthe individual(s) involved to your immediate supervisor. If you
do not feel that the matter can be discussed with your immediate supervisor, you
should contact the Personnel Officer and arrange for a meeting to discus your
complaint. If you do not feel that the matter can be discussed with the Personnel
Officer, your should contact the City Manager. You man also leave an
anonYmous voice mail for the Personnel Officer or City Manager. It is
recommended that complaints be made no later than 15 working days after the
incident. In addition, a written and signed statement of the complaint should be
submitted to your supervisor, the Personnel Officer or the City Manager within 10
days or the initial report. Employees in need assistance in filing the complaint
will be provided such.
Complaints must include the following information:
,,-..
(a)
The employee's name, department and position title.
(b) The name of the person or persons committing the harassment, including
their title( s) if known.
(c) The specific nature of the harassment, how long it has gone on, and any
emploYment action (demotion, failure to promote, dismissal, refusal to
hire, transfer, etc.) taken against the victim as a result of the harassment (if
applicable), or any other threats made against the victim as a result of the
harassment.
(d) Witnesses to the harassment.
( e) Whether the victim previously has reported such harassment and, if, when
and to whom.
(1)
Your notification to the City is essential. You may be assured that you
will not be penalized in any way for reporting discrimination, sexual
harassment or other harassment problems. This would be considered
retaliation and it is unlawful for an employer to retaliate against
employees who oppose practices prohibited by the state and federal law ,
file complaints, or otherwise participate in an investigation, proceeding or
hearing conducted by the Department of Fair EmploYment and Housing or
the Equal EmploYment Opportunity Commission. Similarly, the City will
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tolerate any employees who interfere with its own internal investigations
and its own internal complaint procedure.
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(g) Employees are reminded that the City protect employees from
discrimination sexual or other harassment by non-Oemployees (e.g.,
vendors, visitors) Any employee who is the victim of any harassment by a
non-employee or observes this conduct toward another City employee
should report such harassment to this or her immediate supervisor, and
appropriate action will be taken. Likewise, employees who observe or are
advised about the discrimination, sexual or other harassment of another
employee are encouraged to follow these reporting procedures.
(h) The City cannot resolve discrimination or sexual or other harassment
problem unless it knows about it. Therefore, it is your responsibility to
bring those kinds of problems to the attention of the City so that the
necessary steps can be taken to correct the problem, and we encourage you
to do s.o.
(5)
Anonymous Complaints. any employee who wishes to make a complaint of
discrimination or sexual harassment or other harassment but is uncomfortable
disclosing his or her identity may do so by following the above complaint
procedure and filing the complaint anonymously with the Personnel Officer or
City Manager. Employees should know, however, that anonymity in the
complaint procedure may compromise the City's ability to complete a thorough
investigation.
....."
(6) The City's Response To Complaints Of Discrimination Or Harassment. All
complaints of discrimination, sexual or other harassment that are reported to
management will be investigated immediately, thoroughly, objectively,
completely and as confidentially as possible. The City, as part of its investigation,
will make every attempt to interview all individuals with information relative to
the complaint
(a) Supervisor's Role. It is the responsibility of all supervisors to establish
and maintain a working environment, which is free from discriminatory
intimidation, ridicule and insult. Councilmembers, elected and appointed
officials are also considered to be supervisors for purposes of this policy.
(i) Supervisors are responsible for reporting discrimination and
harassment incidents to the Personnel Officer or the City Manager
where the supervisor knows or should have known of the incident
by nature of his /her position. The supervisor should also notify the
appropriate department head. This notification does not alleviate
the supervisor's responsibility to address the complaint.
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(ii)
Upon notification of a harassment complaint, the supervisor will
inform the complainant of his /her right to initiate a complaint and
authorize the investigation of the complaint and supervise and/or
investigate the complaint.
(iii) All complaints will handled in a timely and confidential manner.
In no event will information be released to anyone who is not
involved with the investigation, nor will anyone involved be
permitted to discuss the subject outside the investigation.
(iv) Reasonable steps will be taken to protect the victim and other
potential victims from further discrimination or harassment or from
any retaliation as a result of communicating the complaint.
Appropriate sanctions will imposed on any individual subjecting
any party involved in this process to retaliation.
(v) The supervisor, as well as the department, may be heal
civilly/personally liable if swift corrective action is not taken. Any
supervisor who fails to take corrective action can and will be
disciplined.
/"
(b) Investigation Process
(i)
~
A supervisor must take immediate and appropriate corrective
action when he/she knows, or should have known, that harassment
has occurred. Effective action must be taken to stop any further
discrimination or harassment and to alleviate any effects of the
harassment.
(ii)
The complainant must be informed of his /her rights, which exist
regarding confidentiality and/or privacy in these matters. Any
investigation related to a complaint under this policy will be
conducted with as much confidentiality as possible and with
respect for the rights of all individuals involved. Information
related to the investigation will be provided on a "need to know"
basis only. The complainant's identity, however, will be disclosed
if the investigation reveals the potential for formal disciplinary
action or criminal prosecution. The purpose of this provision is to
protect the confidentiality of the employee who files a complaint,
to encourage the reporting of any incidents of harassment, and to
protect the reputation of any employee wrongly charged with
harassment.
It is important for the complaining party and the alleged harasser to
understand that it is a violation of this policy to discuss any
investigation with other employees or to conduct your own
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investigation at anytime. If you have any information to assist the
city, you are to contact the person conducting the investigation.
Failure to follow this policy may subject you to discipline, as the
confidential nature of the complaint and the investigation is vital in
protecting the privacy right of all parties involved.
.......,
(iii) It is the supervisor's obligation to document all incidents, and
action taken thereafter, involving allegations of harassment or
discrimination. All such incidents must be reported to the
Personnel Officer or the City Manager by the supervisor. An
investigation will be conducted whether or not an involved party
elects to pursue a complaint.
(iv) Factual information must be gathered through the investigation to
determining whether the alleged conduct constitutes harassment or
discrimination.
(v) The City retains the right to use the services of an outside
investigator to obtain the facts regarding the incident(s). The
investigation will be conducted as quickly as possible, and based
upon that report, a decision will be made regarding whether
disciplinary action is necessary.
(7)
Disciplinary Action
.......,
( a) If it is concluded that harassment or discrimination has occurred, prompt
and effective preventative action will be taken against the harasser.
(b) Discipline up to and including termination may result from behavior found
to constitute a violation of this policy.
( c) If it is determined that an appointed or elected official has violated this
policy, the City Council shall have several option, one of which shall be
the public censure of the individual. The censure shall include language
that outlines the actions that violate the sexual harassment policy. Any
censure will also include a non-retaliation statement to prevent the
elected/appointed official from seeking retaliation against his/her accuser.
(8) Legal Remedy. Employees who believe that they have been harassed may, within
one year of harassment, also file a complaint of discrimination with the California
Department of Fair Employment and Housing ("DFEH"). The DFEH may also
investigate and process the complaint. Violators are subject to penalties and
remedial measures that may include sanction, fines, injunction, reinstatement,
back pay and damages. You can contact the California Department of Fair
Employment and Housing (DFEH) or Equal Employment Opportunity
commission (EEOC) at:
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Department of Fair Employment & Housing
San Diego District Office
1350 Front Street, Suite 3005
San Diego, CA 92101
Telephone: (619) 654-2681 Phone
Toll Free: (800) 884-1684
Fax: (619) 654-2683
TTY: (800) 700-2320
http://www.dfeh.ca.gov
Equal Employment Opportunity Commission
San Diego Office (FEP A)
350 W. Ash Street
San Diego, CA 92101
(619) 645-2681
http://www.eeoc.gov
..-.-'
Note: This information is accurate as of May 2006.
Legal protection is provided for employees against retaliation for opposing
unlawful discriminatory practices, or for filing a complaint with or otherwise
participating in an investigation, proceeding or hearing conducted by the DFEH or
the EEOC.
(9)
Responsibili ti es
While the City vigorously defends its employees' right to work in an environment
free of discrimination, sexual or other harassment, it also recognizes that false
accusations of sexual or other harassment can have serious consequences.
Accordingly, any employee who is found, through the city's investigation, to have
deliberately and falsely accused another person of sexual or other harassment will
be subject to appropriate disciplinary action, up to and including termination.
The city trusts that all employees will continue to act responsibly to establish a
pleasant working environment free of discrimination, sexual or other harassment.
The city encourages you to raise questions you may have regarding
discrimination, sexual harassment or other harassment with your immediate
supervisor, your department head, the Personnel Officer or the City Manager.
(10) References
California Department of Fair Employment & Housing (DFEH)
Fair Employment and Housing Act (FEHA), Title VII
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C. Political Activity
The political activity of City employees shall be governed by the appropriate provisions
of the Government Code.
......."
D. Emerl!encv Responsibilities
All City employees holding full-time positions, in addition to their regular duties, shall be
assigned emergency responsibilities to be performed in the event of a natural or war
caused disaster. The emergency responsibilities of each Department and/or employee
shall be those responsibilities as may be set forth in a City and/or County Emergency
Plan or those responsibilities related to actual assignments of a unique nature that are
necessary to protect life and property and restore essential services in the community.
The California Government code, Title 1, Section 3100, chapter 8, division 4, in
reference to public employees is paraphrased as follows: "... .all public employees are
hereby declared to be disaster service workers subject to disaster service activi~ies as may
be assigned to them or by law."
Employees must be prepared to evacuate and gather at the pre-arranged meeting sites, to
check to see who is missing. Supervisors or assigned employees must report to the EOC
Director.
During a major disaster, such as a flood, earthquake, or fire that affects significant
portions of the community, utility disruptions may hinder efforts to recall off-duty
employees. In the event of a major disaster, off-duty employees are under an obligation
to contact their supervisors for possible assignment. If the employee is at home, he/she
should ensure that family and property are safe before reporting to work. If employees
are unable to contact their supervisors, they should report to work to determine possible
need for an emergency assignment. Any employee called to work by the City in response
to an emergency shall be compensated at their regular rate of pay, with any hours
exceeding a regular forty (40) hour work week compensated as overtime.
......."
E. Contract To City
No City employee shall, in addition to his/her regular employment with the City, work
for the City as a contractor (reference Government Code 1090).
F. Attendance
Employees shall be in attendance at their work in accordance with the rules regarding
hours of work, holidays and leaves of absence. An employee shall not be absent from
work for any reason without making prior arrangements with his/her supervisor. Unless
such prior arrangements are made, an employee who, for any reason, fails to report to
work, shall make a sincere effort to immediately notify his/her supervisor of his /her
absence and the reason for being absent.
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If an employee's absence from work continues beyond the first day, the employee shall
notify the supervisor on a daily basis unless other arrangements have been made with the
supervIsor.
Any unauthorized absence of an employee from duty shall be deemed to be an absence
without pay and may be cause for disciplinary action.
G. Absence Without Leave
Absence without leave for more than three (3) consecutive work days is deemed to be a
resignation and may result in termination of emploYment.
H.
Drivin2 Record
/""
Many positions require possession of a valid California driver's license and the operation
of a vehicle as a part ofthe job. Individuals in other positions may have an opportunity to
operate a vehicle for various reasons. All employees operating a city vehicle, or
operating a private vehicle in the performance of City business, shall possess a valid and
appropriate California driver's license. Further, the driving record of employees shall
reflect vehicle operation habits which are low risk or "insurable" in nature. Standards to
measure driver insurability shall be developed by the City's Risk Manager. The City
may perform driving record checks periodically to determine employee compliance with
these provisions. Noncompliance with this rule shall be grounds for disciplinary action
including dismissal.
I.
Department Rules
Each department of the City is encouraged to establish departmental rules, regulations
and procedures. Such rules, regulations and procedures shall be consistent with City
policies and rules binding on the employee; except that any such provisions which are
subject to the meet and confer process pursuant to the Meyers-Milias-Brown Act, shall
not become effective until the conclusion of such a process either by agreement having
been reached between the parties or by unilateral adoption by the City as authorized by
said Act.
J. Smokin2
Smoking and using tobacco products is prohibited:
(1) in any enclosed (office) working or meeting area at City Hall or any other City
facility; and
(2) in all City vehicles, heavy equipment and watercraft at any location.
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K. Cost Consciousness
City employees shall practice every economy possible in the discharge of their duties.
Employees are encouraged to recommend to their supervisors work procedures which
will result in a cost savings or improved service to the public.
...."
L. Safety
Department Heads, supervisors and employees shall guard the safety of themselves,
fellow employees and the public.
When accidents occur on City property, the employee shall contact his/her supervisor
immediately and the supervisor shall complete an accident report form. In case of a motor
vehicle accident, the police department shall also be notified immediately.
The Personnel Officer shall be notified of all accidents involving City employees and
City equipment as soon as possible and not later than the next workday.
M. Personnel Records (Which shall not include pre-employment or medical records
information. )
A personal history folder shall be kept for each employee. Such records shall not be
opened to public inspection. The personnel history folders shall be maintained by the
Personnel Officer and shall contain a record of formal education, position classification,
job description and classification requirements, salary schedule, vacation and sick leave
absences, injuries, date of employment and promotions, disciplinary actions and such
other information as the City Manager shall prescribe. All performance related entries to
personnel history folders shall be brought to the attention of the employee and shall be
initialed by the employee. In the event an employee refuses to initial any entry, said
entry shall be so noted. Each employee shall have the right the review the contents of
his/her personnel history file from time to time. Said review shall take place in the
presence of the Personnel Officer or his/her designee.
Department Heads shall regularly report to the Personnel Officer all information
necessary to keep personnel history folders up to date, including the employees'
performance progress report of which each employee shall be advised at least once each
year.
....",
N. Lost Kevs. Transmitters. and Cards
The City trusts each employee to keep City keys, access cards, codes, and garage
transmitters secure from use by non-City employees. In the event an employee's keys,
transmitter or access card are lost or stolen, the employee must notify the Director of
Community Services immediately.
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Badf!es. Identifications Cards. Business Cards and Letterhead
Every employee shall be issued a City Identification Card. Name badges shall be issued
to employees as designated by the City Manager as identification for business and social
functions.
City Business Cards shall be made available for employees designated by the City
Manager. These cards are intended for use strictly in relationship to their position with
the City.
City Letterhead is strictly for use for City related correspondence.
An employee shall not use City badges, identification cards, business cards or letterhead
for personal or financial gain, for obtaining privileges not otherwise available to an
employee, or for soliciting donations or contributions.
P. Internet
(1) Purpose. The purpose of these rules is to define and implement acceptable
Internet use for employees to accomplish the City's mission and program goals.
Use of the Internet by City employees is encouraged when it is the most cost
effective and efficient vehicle for the dissemination and exchange of information.
(2) Privacy. The City may at its discretion monitor and/or log all network activity
with or without notice, including Internet e-mail and all web site communications.
Users should have no reasonable expectation of privacy in the use of these
resources.
(3) Acceptable Uses. Uses that are acceptable and encouraged:
(a) Communications and information exchanges directly relating to the
mission goals, programs, and tasks of the city;
(b) Announcements of City policies, rules and regulations, meetings, hearings,
services or activities;
(c) Use for advisory, standards, research, analysis and professional
organization activities related to the City user's duties.
(4) Unacceptable Uses. It is unacceptable for a user to use, submit, publish, display
or transmit on the network or on any computer system any information which:
(a) Violates or infringes on the rights of any other person, including the right
to privacy;
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(b)
Contains defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, biased or
otherwise discriminatory or illegal material;
~
( c) Violates City regulations prohibiting sexual harassment;
(d) Restricts or inhibits other users from using the system or interferes with
the efficiency of the computer systems;
(e) Encourages the use of controlled substances;
(f) Uses the system for the purpose of criminal intent; or
(g) Uses the system for any other illegal purpose:
(h) It is also unacceptable for a user to use network facilities and Internet
capabilities of the system to:
(i) Conduct any non-approved business;
(ii) Solicit the performance of any activity that is prohibited by law;
(iii) Transmit material, information, or software in violation of any
local, state or federal law;
.~
(iv) Conduct any political activity;
(v) Conduct any fund raIsmg or unofficial or unapproved public
relations activities;
(vi) Engage in any activity for personal gain or personal business;
(vii) Make any unauthorized purchases.
(5) Copyrighted Material. Users may download copyrighted material, but its use
must be strictly within the agreement as posted by the author or current copyright
law. The federal Copyright Act at 17 U.S.C. 101, et. seq. (1988), protects and
prohibits misuse of all original works of authorship in any tangible medium of
expression. This includes a prohibition on plagiarism (using someone else's
writings or ideas and passing them on as one's own).
(6) Public Domain Material. Any user may download public domain programs for
his/her own business-related use, or may redistribute a public domain program
non-commercially but does so with the knowledge that by doing so, he/she also
assumes all of the risks regarding the determination of whether or not a program
is in the public domain.
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(7) Internet E-mail. Internet e-mail, is considered network activity, thus, it is subject
to all policies regarding acceptable/unacceptable uses of the Internet. The user
should not consider e-mail to be either private or secure.
(8) Public Records. All electronic data whether created in-house or downloaded from
other sources through the network or Internet, including e-mail, shall be
considered official records of the City. Any such data is subject to the records
management policies of the City and state and federal statutes, including the
Public Records Act. Users must be aware that electronic records, including e-
mail, may be subpoenaed by a court of law.
(9) Regulation and Enforcement. The City Manager shall determine which City
employees are approved for Internet use. The City Manager is responsible for
compliance with provisions of this policy and for investigating suspected non-
compliance. These duties include, but are not limited to:
(a) Investigation of alleged or suspected non-compliance with the provisions
ofthe policy; and
(b)
Suspension of service to users or access, with or without notice. Internal
discipline up to and including discharge may be appropriate in some cases
of non-compliance with this policy. Criminal or civil action may be
initiated under appropriate circumstances.
----
(10) Consent Form. All City employees having access to the Internet must consent
that all network activity is the property of the City, and therefore, they should not
consider any activity to be private. This should be accomplished through a signed
Consent Form. The City Manager shall have the authority to develop such
consent forms which at the minimum state:
(a) The user has been given a copy of the policy and agrees to comply with all
its terms and conditions;
(b) All network activity conducted while doing City business and being
conducted with City resources is the property of the City of Lake Elsinore,
and
(c) The City reserves the right to monitor and log all network activity
including e-mail, with or without notice, and therefore users should have
no expectations of privacy in the use of these resources.
----
(11) Liabilitv. The City makes no warranties of any kind, whether expressed or
implied, for the service that is the subject of this rule. The City will not be
responsible for any damages whatsoever that employees may suffer arising from
or related to their use of any City electronic information resources, whether such
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damages be incidental, consequential, or otherwise. Users must recognize that the
use of City provided electronic information resources is a privilege and that
compliance with these policies is mandated.
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Q. Electronic Mail Policy
(1) General. Electronic mail (e-mail) is provided for City activities and not for the
personal use of employees except for incidental personal communications (e.g.
setting up appointments, coordinating work schedules).
(2) Privacy. All electronic data, including e-mail, is subject to the records
management policies of the City and state and federal statutes including the
Public Records Act. Users must be aware that electronic records, including e-
mail which has been erased or deleted may be recovered and subpoenaed by a
court oflaw.
(3) Uses that are Acceptable:
(a) Communications and information exchanges directly relating to the
mission and approved program goals and tasks of the City;
(b) Announcements of City policies, rules and regulations, meetings, hearings,
services or activities;
(4)
Uses that are Unacceptable: It is unacceptable for a user to use, submit, publish
display or transmit on the network or on any computer system any information
that:
""-'
(a) violates or infringes on the rights of any other person, including the right
to privacy;
(b) contains defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, biased,
otherwise discriminatory or illegal material;
(c) violates City regulations prohibiting sexual harassment;
(d) restricts or inhibits other users from using the system or interferes with the
efficiency of the computer systems;
(e) encourages the use of controlled substances or uses the system for the
purpose of criminal intent;
(f) uses the system for any other illegal purpose.
It is also unacceptable for a user to use the facilities and capabilities of the
system to:
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(g) conduct any non-approved business;
(h) solicit the performance of any activity that is prohibited by law;
(i) transmit material, information, or software in violation of any local, state
or federal law;
(j) conduct any political activity;
(k) conduct any fund raising;
(1) engage in any activity for personal gain or personal business transactions;
or:
(m) make any unauthorized purchases.
R. Computer Software and Hardware Policy
(1)
Purpose. The purpose of this policy is to define acceptable uses and policies for
the use of the City's computer hardware and software. It is the policy of the City
of Lake Elsinore to use computer software in strict accordance with the license
agreement, and solely for City business. All employees of the City using City
provided computer hardware and software shall comply with these policies.
~.
(2) Acceptable Software for City Use. Acceptable software for City uses are:
(a) Software procured through normal City purchasing procedures; and
(b) Software written in-house for City purposes.
(3) Other Software. In an effort to prevent the spread of computer viruses and to
protect the City and employees from possible civil and criminal proceedings,
employees must obtain the approval of the IT Manager before downloading
software from the Internet or installing software obtained as a gratis product
accompanying a normal purchase or software obtained from friends and other
organizations or unknown origins All such software must be related to City
business and promote the mission and goals of the City.
(4) Ownership and Privacy. All software and data are the property of the City.
Software developed by employees may not be taken with them when they leave
the City without written permission of the City Manager.
(5)
License Responsibilities. All software installed on the personal computers must
be properly licensed. Software may not be reproduced or used on more than one
computer by more than one person at a time unless authorized by the terms of the
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license. The Information Systems Manager (or designee) is responsible for
determining when software may be copied in accordance with the license, and
whether gratis add-in products, shareware, bulletin board, and software from other
sources are acceptable.
.......,
(6) Audits. Audits may be performed at any time by the Software Publisher's
Association through a court order, the Information Systems Manager, internal
audit, or any other authorized person or entity.
(7) Penalties Imposed by Law. City employees who install or use copied software
without a proper license on City equipment, or who install or use software
improperly copied from a City computer at home for personal, non-City use
expose both the employee and the City to civil and criminal proceedings. Such
activity is strictly forbidden by this policy. Civil and criminal penalties include
fines and jail terms of up to five years.
S. Cash Advances/Pettv Cash
Employees may obtain a reasonable cash advance not to exceed $50.00 for miscellaneous
City expenses (such as minor expenses or expenditures which would normally require a
cash paYment such as tips for parcel loading and taxi fares), subject to appropriate receipt
or documentation and approved by the employee's Department Head or City Manager.
All other expenses incurred when conducting City business shall be paid from personal
funds or credit cards and submitted for reimbursement.
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T. Credit Cards
The City provides corporate credit cards to various vendors for the use of City related
expenses. The various credit cards can be checked out from the Administrative Services
Department with the appropriate form and Department Director approval for use. The
employee is required to promptly return credit and receipt to the Administration Services
Department upon return to City Hall.
u. Telephone Usa2e
(1) Telephone Calls
Business telephone calls made from the employee's residence are reimbursable.
A copy of the telephone bill and an explanation must be submitted with the
expense report. Personal telephone calls must be brief and kept to a minimum.
Long-distance calls must be charged to an employee's home telephone or
personal telephone credit card.
(2)
Cellular Telephone Calls
The City Manager, Department Heads and certain other employees are assigned
City cellular phones so they can conduct City business. An additional City
cellular phone is available for use by other staff members on an as-needed basis
AGENDA ITEM NO.~
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when they travel out of town. Personal telephone calls must be brief and kept to a
minimum.
v.
Dress Policy
The purpose of the City's dress policy is to encourage respect for the dignity ofthe
individual and enhance the professional environment ofthe City by ensuring that the
City's personnel dress in a manner appropriate to their respective job responsibilities. All
employees are expected to use good judgment in appropriate and professional attire and
good personal grooming when reporting to work for the City. Concerns regarding attire
and grooming for specific areas will be determined and addressed by the area division
Director and/or manager. The policy applies to all employees, interns, volunteers,
contract employees and anyone affiliated with the City.
(1) Professional Appearance/Grooming! Accessories
(a) Due to contact with other personnel and the public, good oral and body
hygiene is required.
(b)
Hair must be neat/clean, and well groomed; hair color must be
conservative. Men's facial hair shall be clean and shaven daily, unless
already wearing or in the process of growing a. beard, mustache or
sideburns. Beards/mustaches/sideburns must be well groomed, clean and
neat.
(c) Earrings, rings, necklaces, bracelets, and lapel pIllS shall be worn III
moderation.
(d) Colored or dark eyeglasses are not to be worn indoors unless prescribed by
a physician.
(2) Clothing Stvles/Fit/Fabric
(a) Dresses and skirts must look professional and business-like, the length
being no more than 6-inches above the knee, front and back.
(b) Dresses and blouses shall cover the shoulders and necklines shall be
modestly cut. Blouses shall look professional and business-like and be of
appropriate length covering the midriff.
(c) Skorts shall be business style and must have the appearance of a skirt.
They must also conform to the length requirements of a skirt and cannot
have cuffs.
(d)
Dress/business style shirts must be worn. Ties must be worn with shirts
(except on designated casual dress days provided herein).
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(e)
Slacks and trousers must have a finished hem and shall not be rolled to
shorten length.
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(f) Belts or suspenders must be worn with slacks that have belt loops if belt
loops show.
(g) Capri style slacks shall be no less than six inches (6") below the knee.
(h) Shoes should be comfortable, clean, and practical for work responsibilities
and job area. Shoes must be professional and must be in good repair.
(i) Appropriate underclothes shall be worn at all times.
(3) Unacceptable Clothing/Styles. The following are considered unacceptable styles
of dress, including casual dress days:
(a) Transparent material; no clinging, or evening styles.
(b) Extremely oversized, sloppy shirts or tops.
(c) Clothing worn with printed slogans or messages.
(d)
Tee shirts, tank tops, halter tops or tops with spaghetti straps.
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( e) Shorts, jeans or other non- business pants. Shorts are not acceptable
unless approved by division management as part of the uniform.
(f) Beach wear, sweat pants, jogging suits, leggings, or stretch stirrup pants.
(g) Unacceptable shoes include jellies, thongs, high heels in excess of 3-
inches, hiking/mountain climbing boots, and tennis shoes. Exceptions will
be made for medical reasons and with a physician's order.
(h) Socks worn outside of slacks or trousers.
(i) Contrasting colors/prints visible through outer clothing.
(j) Underclothing visible through outer clothing or in view.
(4) Casual Dress. At the discretion of the City Manager, employees may be allowed
to dress in a more casual fashion. Such "Casual Friday" dress may include:
(a) Polo shirts or other collared shirts without a tie.
(b) Casual slacks or pants in good condition.
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(5) Violations. Employees who report to work improperly dressed or groomed may
be instructed to return home to change clothes or to take other appropriate
corrective action. The employee will not be compensated during such time away
from work. Repeated violations of this policy will be grounds for disciplinary
action.
(6) Specialized Clothing for Lake and Aquatic Resources Department
(a) Swimsuits, wetsuits and waders may be worn when performing aquatic
maintenance duties as deemed necessary by the Director.
(b) Casual shirts pre-approved by the director may be worn with swimsuits.
(c) Approved aquatic type footwear (aqua socks, booties, sandals, etc.) may
be worn when performing aquatic maintenance duties as deemed
necessary by the Director.
(d) Sun protection wear and devices are encouraged to prevent eye and skin
damage, but must meet with the prior approval of the Director which
includes sunglasses, UV rash guards, hats, etc.
/'"" SECTION 17: TRAVEL AND LOCAL MEETING EXPENSES
A. In General
In the course of performing their duties, employees often have occasion to travel and to
incur expenses. When travel and related expenses are necessary, it is the responsibility of
each employee to incur these expenses at the lowest reasonable cost to the City
commensurate with schedules, work, and time constraints.
The expenses in connection therewith shall be reimbursed according to these rules and
regulations. Those who are authorized to travel in the performance of their duties shall
receive the amount of reasonable expenses for transportation, meals, lodging, and
incidentals necessarily incurred therein, in addition to regular compensation.
No reimbursement shall be allowed for that portion of travel or transportation between the
home of any person and the place where such person is ordinarily required to report for
duty, unless the actual distance from the home to the travel destination is more. In case of
doubt as to the necessity for the incurring of any expense, the Department Head, Director
of Finance, or City Manager shall determine whether the expense is appropriate and may
allow, reject, or modify any claim or item thereof.
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B. Per Diem for Non-Local Travel
(1)
For non-local travel, employees may claim reimbursement for personal meals and
incidentals in accordance with the U.S. Government's Domestic Per Diem Rates
in effect for their travel destination. Incidental expenses are defined as fees and
tips given to porters, baggage carriers, and bellhops.
(2) The Domestic Per Diem Rates can be obtained by accessing the U.S. General
Services Administration's website at www.gsa.gov or by contacting the
Administrative Services Department.
(3) The M&IE Domestic Per Diem Rate will be reimbursed for each full day of travel
in lieu of actual meal and incidental expenses.
(4) On the first and last day of non-local travel, employees will be reimbursed at the
M&IE Domestic Per Diem Rate for the First and Last Day of Travel, which is
currently 75% of the full day rate.
C. Non-Local Transportation
Non-local transportation shall be by air travel, City-owned vehicle, or private auto,
whichever is the lesser cost. Air travel should be limited to coach or the lowest available
fare. Airline reservations must be coordinated and approved by the Director of the
Department prior to the purchase of tickets. Proof of purchase and use of tickets is
required for reimbursement. Unauthorized airline travel will be billed to the employee
and will subject the employee to disciplinary action up to and including termination. The
use of a vehicle in lieu of flying may be authorized but under no circumstances shall
reimbursement exceed the cost of available coach airfare. An employee will be
compensated for the use of a private auto through mileage reimbursement. When
alternative modes of travel are used and additional time is required other than that needed
for air travel, employees must use vacation time and pay for the additional meals.
D. Travel with Vehicles
(1) Motor Pool Vehicle -- General Use. When traveling by car on City business,
employees should use a City-owned vehicle whenever possible. The City's
designated "staff pool vehicle" may be reserved by contacting the City Manager's
office.
Employees are responsible for properly maintaining and securing the staff pool
vehicle while it is in their possession. Employees are to report any problems or
malfunctions immediately upon returning the vehicle, even if the problem was
corrected. A City gas credit card should be used when purchasing fuel for the
staff pool vehicle. Gas credit cards may be checked out from the Public Works
Division. Gas credit cards and receipts must be returned immediately to the
Public Works Division upon the employee's return to the office.
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City vehicles may not be taken outside California without prior approval of the
City Manager.
(2) City Vehicles Assigned to City Staff. City vehicles may be assigned to certain
staff members for use on City business and also may result in an incidental
personal benefit. Such incidental personal benefit is considered a part of the
employee's compensation. For federal and state income tax purposes, employees
to whom City vehicles are permanently assigned are required to maintain a log of
business and personal miles driven. This information must be submitted to the
Administrative Services Department by January 15th of each year.
(3)
,..........
Employees to whom a vehicle is normally assigned should arrange for the proper
care and maintenance of the vehicle. Maintenance records should be kept and
made available as needed, such as at the time of trade-in.
City vehicles may not be taken outside of the greater Southern California area
without the prior approval of the City Manager.
Auto Allowance in Lieu of City Vehicle. In lieu of a City Vehicle or mileage
reimbursement, some employees may receive a monthly auto allowance. An
employee who receives an auto allowance should use the employee's personal car
at the employee's own expense, when traveling on local City business. An
employee receiving the auto allowance is not eligible to receive mileage
reimbursement from. the City for local travel but would be eligible for
reimbursement for non-local travel. A portion of this allowance may be
considered a taxable benefit to the extent that the employee's allowance exceeds
the maximum reimbursement allowed under tax regulations.
(4) Personal Car. If a City vehicle is not available, an employee may use hislher
personal vehicle on City business and have the City reimburse the employee at the
per-mile rate allowed for income tax purposes to cover gasoline, insurance,
maintenance and normal wear and tear. When using a personal vehicle on City
business, employees are responsible for carrying adequate insurance; the per-mile
reimbursement rate is intended to cover insurance as well as other costs of
operating a car.
",--,
Employees are not permitted to use a City gas credit card to purchase fuel for
their personal car.
(5)
Rented Vehicles. Rental cars may be used during non-local travel when needed.
In selecting and accepting rental cars, employees should be sensitive to both cost
and appearance considerations. As with all City expenditures, the community is
justifiably concerned that City dollars are being stretched as far as possible.
Accordingly, whenever possible employees should avoid requesting or accepting
luxury vehicles.
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If a rental car is used on a trip combining business and more than minimal
personal travel, only that portion of the expense attributable to City business is
payable by the City; the employee is responsible for the portion of expense
attributable to personal use. When several employees or other City officials are
attending the same event an effort should be made to coordinate plans and if
possible share any needed rental cars.
,.""
Rental car collision insurance (collision damage waiver or CDW for damage to
the rental car) should be purchased on the rental contract, but do not purchase the
liability (PD/PI, for damage to other cars) insurance. Employees must carry the
name of the City insurer and its insurance policy number when renting
automobiles. Information concerning the City's insurer and insurance policy
number is available from the Administrative Services Department.
E. Ground Transportation
Airport-to-hotel shuttle service should be used for ground transportation between an
airport or train station and a hotel whenever it is available. Taxis are to be used only
when the scheduled shuttle service or other methods of public transportation are not cost-
effective, are unavailable or incompatible with the City business mission.
F. Lodeine
Hotel accommodations will be provided for non-local travel if justifiable, at a reasonable
competitive rate for the night prior to an event starting before noon the following day.
The City will reimburse at actual rates for single accommodations only, including
applicable taxes and parking. An itemized hotel bill is required, and laundry or dry
cleaning service, in-room movies, use of hotel facilities, tours, and other recreational
packages are not reimbursable. Payments should be in advance and made payable to the
hotel by the City when at all possible.
...."
G. Reeistration
Payments should be in advance and made payable to the event sponsor or organization by
the City when at all possible.
H. Parkine
Parking fees on City travel are reimbursable; less expensive yet safe parking should be
used whenever possible.
I. Tickets
Employees are responsible for any parking tickets, moving violations, etc., they receive
while using a vehicle on City business.
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J.
Expense Reimbursement
The City will reimburse all employees for authorized out-of-pocket expenses incurred on
City business. Expenses incurred for telephone, telex or fax for business communication
while traveling are reimbursable. While on a business trip, reasonably brief personal
calls to home are permitted and are reimbursable. When calling home, employees are
urged to use regular telephone service. Cellular phones may be used to call home ifthe
charges are the same or lower than regular telephone service. Except for calling home
while traveling on City business, personal telephone calls are not reimbursable; personal
telephone calls charged to the City are billed to the employee making the personal call.
K. Extraordinary Expenses
There may be isolated occasions when, for the City's benefit, extraordinary expenses for
meals and incidental in excess ofthe per diem allowances may be justified. Extraordinary
expenses that are not specifically provided for in this Section, when justified in writing,
may be approved by the City Manager if the expense is determined to have been incurred
for the City's benefit.
L.
Personal Expenses
~
The City will not pay for expenses which are of a purely personal nature, even if incurred
while on City business. This includes:
(1) the cost of personal entertainment (books, theater tickets, movies, sporting events,
etc.)
(2) the cost of personal care items (toiletries, hair styling, manicures, etc.)
(3) valet and laundry service is not reimbursable for business trips of fewer than five
consecutive days, unless necessary to clean clothing soiled while working
(4) the cost of additional travel insurance accidental injury or death while traveling on
City business in excess of such insurance already provided by the City.
M. Spouse and Sil!nificant Other Accompaniment
The cost of spouses and significant others who accompany employees when traveling on
business will not be reimbursed. If spouse accompaniment is for the benefit of the City,
reimbursement of the spouse's expenses is allowed with prior approval ofthe City
Manger.
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N. Personal Travel
Personal travel (e.g., vacations, extended weekends and so on) combined with business
travel is permitted. Any costs (e.g., extra hotel nights, additional stopovers, long distance
calls and so forth) associated with personal travel are not reimbursable.
'wIf/I
O. Meals Reimbursement for Local Meetine:s
The City will reimburse meal expenses for local meetings as follows:
(1) meals with outside business associates for the purpose of a business discussion or
the promotion of good working relations
(2) meals which are part of a business program or which are officially sponsored by
business or professional associations related to an employee's work with the City
(3) city official meals as long as City business is conducted during those meals.
The City will not reimburse for any costs associated with intra-staff meetings (i.e., staff
meals and refreshments are not reimbursable). Special training sessions, goal-setting
workshops, and oth~r unique one-time meetings or situations may be pre-approved by the
City Manager on a case by case basis. The City will not reimburse for optional quasi-
social functions such as retirement or testimonial dinners. The City's Alcohol and Drug
Abuse Policy remains in effect for employees on official City business: therefore, the
City will not reimburse for the cost of alcoholic beverages.
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P. Procedure for Seekine: Reimbursement
In order to be reimbursed for non-local or local travel incurred for City business, the
employee must prepare a complete travel packet of documentation and submit the packet
to the Administrative Services Department. Employees must obtain advance approval for
all non-local travel by completing the Travel Expense Form and having it signed by their
Department Head. The travel packet must be submitted prior to travel if advance
payment is needed for any travel expense.
Upon return from travel, employee must complete the adjustment section of the travel
expense form and submit any additional supporting documentation.
The Travel Expenses Form should include all travel related expenses for a business trip
regardless of how the expenses were paid (i.e.: personally, by city credit card, or by City
check).
Q. Documentation
The travel packet for non-local travel should include a "Travel Expense Form",
completed registration form, meeting itinerary or information brochure, hotel reservation
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confirmation, airfare confirmation, a "Disbursement Request" form for each payment
requested, such as for the hotel, registration, per diem, mileage and airfare.
Supporting documentation includes customer copies of credit card receipts, receipts for
hotel expenses, and receipts for cash expenditures, such as parking and or other
extraordinary expenses as described in this section above. A very limited exception
applies in those rare instances where a receipt cannot reasonably be obtained (for
example, tolls, public transportation and tips).
Employees must be as specific and clear as possible in describing each expense in such a
way and with the goal that any member of the public reviewing the description could
understand the City business purpose. Each expense item should detail the following:
(1) reason for expense that demonstrates the City business purpose (for example,
League of California Cities' conference)
(2) type of expense (for example, meal, per diem, travel, hotel, registration)
(3) persons involved (for example, names of people for whom a meal was purchased)
SECTION 18: EMPLOYEE DEVELOPMENT
A. Trainine
~.
The City encourages the training of employees. Responsibility for developing training
programs for employees shall be assumed jointly by the Personnel Officer and the
Department Heads. Such training programs may include lecture courses, demonstrations,
assignment of reading matter or such other devices as may be available for the purpose of
improving the effectiveness and broadening the knowledge of municipal officers and
employees in the performance of their respective duties.
In the event an employee chooses to resign hislher employment with the City, all costs
incurred by the City for elective training by said employee during the twelve (12) month
period prior to said resignation shall be reimbursed to the City by said employee.
If the City requires the employee to attend a class or workshop, the employee may be
supplied with a City car for the aforementioned class provided the employee meets the
minimum requirements for vehicle operation as set forth herein or be paid mileage
reimbursement in accordance with existing policy.
Training time outside normal scheduled work hours shall be compensated pursuant to
Code of Federal Regulations (CFR), Section 785.27, et. seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to
CFR Section 785.33, et. seq.
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When feasible, the City will adjust the employee's work schedule to minimize the impact
of travel and training time.
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B.
Tuition Reimbursement
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The city also encourages employees to take and complete educational courses to develop
the employee's capabilities.
(1) All employees are eligible to receive tuition reimbursement. Courses must have
begun after appointment and be in excess of the educational standards for the
position. An example of this would be job-related college or university courses
when the specification for the classification calls for high school graduation.
(2) Employees shall be reimbursed for tuition, registration fees and texts required for
the eligible courses. Expenses for parking, travel, lodging, meals, processing
fees, transcript fees, materials and any other costs are not reimbursable.
(3) Employees shall apply for prior approval from his/her Department Head prior to
taking any course for which reimbursement is expected. The application shall
identify the course, date the course will begin and end, and the estimated cost of
tuition and books.
(4) Prior to receipt of any reimbursement~ the employee must submit proof of
completion of courses taken indicating a grade of "C' or better and receipts
showing the payment of tuition and/or books.
(5)
Employees shall be reimbursed up to the dollar amount charged for the same
number of units per term by the University of California. An employee shall not
receive reimbursement in excess of Two Thousand Five Hundred Dollars
($2,500) in anyone fiscal year. The difference between the City's maximum
obligation during any fiscal year and the amount of any actual reimbursement
received by the employee during that fiscal year shall not be carried over or be
available to use by the employee in any subsequent fiscal year.
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(6) Coursework must be related to the employee's current occupation or to a City
classification to which the employee may be eligible for promotion within the
employee's current job series within the next five years.
(7) Courses must be traditional classroom courses taken at colleges or universities
and approved by the Western Association of Schools and Colleges or equivalent
accrediting organization. Credits given for courses including, but not limited to
life experience, military training, and non City job related professional training,
are not eligible for tuition reimbursement.
(8) Coursework should not duplicate training which the employee has already had or
which is to be provided in-house or previously taken courses unless special
approval has been granted by the Department Head and the Personnel Officer.
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(9)
Courses may be approved which are required for the completion of the pre-
approved job related major. An example would be general education or elective
requirements for the major as stated in the school catalog. Remedial courses or
those taken as required for a non-approved major shall not be eligible.
(10) Classes related to the use of purchased City-approved computer equipment may
be authorized under the tuition reimbursement program if pre-approval is granted
before commencement of a non-accredited class.
SECTION 19: LAYOFF PROCEDURE
A. Intent
The layoff procedure is intended to give a consideration of both seniority and
competency whenever the layoff of employees is necessary.
B. Procedure
(1) Determination of need for layoff will be made by the City. Classifications to be
affected and the number of employees included will be determined by the City.
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(2) . If an employee in an affected classification is a probationary appointment, that
employee will be selected to be laid off, subject to bumping and reemployment
rights.
(3) Employees who have successfully completed probation in the affected
classification will be ranked by 1) seniority, and 2) competency in the
classification.
The Department Head, subject to review by the City Manager, will determine,
based upon official personnel records, and/or qualified testing procedures, where
applicable, the individual selected for layoff in the classification. The Department
Head will utilize a combination of the seniority and competency of the individual
in making this determination as set forth in the following example:
(a) Seniority Ranking in Classification ("1" having the most seniority)
(b) Competency Ranking ("1" being most competent)
(c ) Average Ranking (Seniority Ranking plus Competency Ranking, divided
by 2)
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Employee A
Employee B
Employee C
Seniority
1
2
3
Competency
2
3
1
Ranking
Total of3 -;- 2 = 1.5
Total of 5 -;- 2 = 2.5
Total of 4 -;- 2 = 2.0
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Employee B (with the higher average total) would be the employee selected to be
laid off in this classification. If Employee B choose to bump into a lower
classification, he/she would be given a competency factor equal to the average for
the new classification. In the event of equal average ranking scores, competency
will be used to determine selection.
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C. Bumpinl! Rie:hts
An individual laid off from a particular classification may "bump" into a classification
for which he/she is qualified (qualification is presumed where the person has held the
position previously with the City or where a lower position is in a normal line of
promotion). After an employee is informed of an impending layoff or "bump down"
he/she must inform the Personnel Officer within five working days of his /her intent to
take the option of the layoff or the "bump down." The process will be repeated at the
next classification level where an employee bumps in and creates an overage in that
classification.
D. Reemplovment Rie:hts
The names of probationary and regular employees who have been laid off shall be placed
on appropriate reemployment lists in the order of their competency, from highest. to
lowest. Such names shall remain thereon for a period of one year unless such persons are
sooner reemployed.
When a reemployment list is to be used to fill vacancies, the Personnel Officer shall
certify from the top of such lists the number of names equal to the number of vacancies.
An employee who is reemployed shall receive credit for former service for purposes of
seniority, benefit compensation, and salary advancement.
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SECTION 20: SUBSTANCE ABUSE POLICY
A. Implementation
It is the policy ofthe City to strictly prohibit the possession, consumption, sale, purchase,
distribution, manufacture, or being under the influence of alcohol or drugs on City
property, in City buildings, in City vehicles or in personal vehicles being used for City
business. This policy applies to all full-time, part-time and contract City employees.
Violation of this policy may be grounds for discipline, up to and including termination.
Both the City and its employees have responsibilities in the implementation of this policy
with the goal of eliminating substances abuse in the workplace.
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B.
City Responsibilities
(1) It is the City's responsibility to fairly and equitably administer this substance
abuse policy without prejudice or discrimination in an effort to maintain a
workplace free from the effects of substance abuse.
(2) It is the City's responsibility to adequately train Department Heads and
Supervisors to recognize the attributes, symptoms, and/or characteristics
associated with substance abuse.
(3) The City will provide information to all employees as to the dangers and penalties
associated with substance abuse, as well as information regarding counseling
services which are available.
(4) The City will maintain an Employee Assistance Program (EAP) where employees
may voluntarily seek confidential counseling and other rehabilitative services. In
addition, the City may consider EAP referral as part of any disciplinary action
involving substance abuse.
(5) Confidentiality will be maintained to the highest degree possible in the
administration of this substance abuse policy so as to protect the privacy of the
individuals involved.
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(6) When there is reasonable suspicion that an employee may have illegal drugs or
alcohol in his/her possession, it is the City's responsibility to conduct a search of
all City property, such as desks, lockers, file cabinets, etc., as well as personal
possessions on City premises, such as briefcases, purses, personal vehicles, etc.
Such search will be conducted at the direction of the City Manager or his/her
designee in the presence of the involved employee without advance notice.
(7) The City Manager shall be notified when there is reasonable suspicion to believe
that an employee may have illegal drugs in his or her possession or in an area not
jointly or fully controlled by the City. Such information may be provided to
appropriate law enforcement agencies by the City Manager or his/her designee.
c. Emplovee Responsibilities
(1) It is the responsibility of all City employees to cooperate in efforts to protect the
life, personal safety, and property of co-workers and fellow citizens. Employees
shall, therefore, take all reasonable steps to abide by and cooperate in the
implementation, administration and enforcement of this policy.
(2)
No employee shall possess, consume, sell, purchase, distribute, manufacture, or
be under the influence of alcohol or illegal drugs on City property, in City
buildings, in City vehicles, or in personal vehicles being used for City business.
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(3)
No employee shall report for duty while under the influence of any substance,
legal or illegal, which impairs the employee's work performance or ability to use
City property or equipment safely.
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(4) Prior to beginning work, an employee is responsible for notifying his/her
supervisor if the employee is taking any medications or drugs, prescription or
non-prescription, which may interfere with the safe and effective performance of
duties or operation of city equipment. In the event there is a question regarding
an employee's ability to safely perform assigned duties while using such drugs,
clearance from a physician may be required.
(5) An employee will immediately cooperate and consent to an alcohol or drug
screening test when, with reasonable suspicion, the employee is requested to do so
by his/her Department Head or supervisor. Refusal to submit immediately to such
a test when requested may be considered insubordinate conduct and may be
grounds for discipline, up to and including termination.
(6) No employee shall store in a locker, desk, automobile, or other repository on City
premises, any illegal drug or alcohol.
(7) An employee must notify the Personnel Officer within five (5) days of any
conviction (including pleas of "no contest") for violating any state or federal
criminal drug law by an action committed in the workplace.
D.
Definitions
....".;
(1) "Reasonable Suspicion" means a belief, based on objective and articulable facts,
sufficient to lead a reasonable and prudent supervisor to suspect that the
employee's ability to perform his/her job safely is reduced and the employee may
be under the influence of drugs and/or alcohol. For example, any of the
following, alone or in combination, may constitute reasonable suspicion:
(a) Slurred speech
(b) Alcohol odor on breath
(c) Unsteady walking or movement
(d) An accident involving City property
(e) Physical altercation
(f) Verbal altercation
(g) Unusual behavior
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(h)
Possession of alcohol or drug
(i) Information obtained from a reliable person with personal knowledge (a
person providing such information based on a good faith belief shall not
be subject to retaliation! retribution)
(2) "Illegal Drugs" means drugs/controlled substances as specified in the California
Uniform Controlled Substance Act (Division 10, of the California Health &
Safety Code), which are not legally obtained. Examples include, but are not
limited to, cocaine, marijuana, and PCP.
(3) "Legal Drugs" means physician prescribed controlled substances or over-the-
counter drugs which are legally obtained and used for the specific purpose and in
the manner for which they were prescribed.
(4) "Under the Influence" means a drug or alcohol is present in the employee's
system.
E.
Testine:
When reasonable suspicion has been established by a supervisor or Department Head that
an employee is under the influence of drugs or alcohol, the employee will be escorted to
the medical facility as promptly as possible for drug or alcohol testing. The supervisor
should, if possible, ask a co-worker or another supervisor to corroborate the employee's
behavior before escorting the employee for the examination. When possible, concurrence
should be obtained from the appropriate Department Head prior to testing being
conducted.
An employee may, at his/her option, have a representative present during the testing. The
right to representation shall not delay the testing process. All procedures will be
conducted in accordance with the recommendations of the National Institute on Drug
Abuse (NIDA). These guidelines were established to safeguard the accuracy and
integrity of test results and the privacy of individuals who are tested.
F.
Testine: Procedure
(1) Prior to collecting a urine specimen, the employee to be tested will be required to
sign a consent form authorizing the test. Failure or refusal to sign the consent
form may be considered insubordinate conduct and grounds for discipline, up to
and including termination.
(2) Procedures for collecting urine specimens shall allow individual privacy unless
there is reason to believe that a particular individual may alter or substitute the
specimen to be provided. Procedures in place at the collection facility will
impede efforts to tamper with the integrity of the specimen.
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(3)
Collection site personnel will follow strict chain of custody controls to ensure that
the specimen is delivered to the testing laboratory without loss of the integrity of
the specimen.
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(4) Specimens will initially be screened by using the radioimmunoassay (RIA)
method for the detection of the most commonly abused illicit and prescription
drugs that affect physical/mental performance. All of these drugs are controlled
substances under State and Federal laws.
Upon a positive initial test result, a confirmatory test will be conducted using the
Gas chromatography/Mass Spectrometry (GC/MS) method. Drugs which will be
scored and the levels of detection are as follows:
Screening Level (ng/ml) Confirmatory Level
\ (ng/ml)
Marijuana 100 15
Cocaine 300 150
Opiates 300 300
PCP 25 235
Amphetamines 1000 500
(5)
In those cases where the second screening confirms the presence of a drug(s) in
the specimen, the specimen will be retained in a secure place at the laboratory for
six months to allow for further testing in case of a dispute.
...",
G. Pre-emplovment Dru2 Testin2
All applicants for full-time or part-time employment with the City will be required to
submit to the drug testing procedures as described herein. Job flyers for all positions will
indicate that pre-employment drug testing will be conducted. If a drug screen is positive
at the time of the pre-employment examination, the applicant must provide, within 24
hours of a request, bona fide verification of a valid prescription for the drug identified by
the drug screen. If the applicant fails to provide acceptable verification, the applicant
may be disqualified. Applicants who test positive for the presence of an illegal substance
will not be considered for employment.
H. Confidentialitv
The result of tests will be disclosed to the Personnel Officer, the affected Department
Head and/or immediate supervisor, and to the tested employee upon request.
I. Exceptions
From time to time there may be special events, social occasions or celebrations during
which the consumption of alcoholic beverages would not be considered inappropriate
behavior, and such consumption may be authorized by the City Manager's prior consent.
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However, at no time shall such consumption be to a degree that an employee's work
performance or ability to safely use City property or equipment is impaired.
SECTION 21: LOYALTY OATH
All employees subject to these rules shall, before they enter upon the duties of their employment,
take and subscribe the oath prescribed in the California Constitution.
SECTION 22: IMPLEMENTATION
These Personnel Rules and Regulations supersede all previous rules and regulations and take
effect upon the date of adoption by the City Council.
SECTION 23: AMENDMENT OF RULES
Proposed amendments to these Rules shall be submitted to the City Manager for review and
recommendation prior to submittal to the City Council. Advance notice shall be given to
recognized employee organizations of any amendments which affect wages, hours, and other
items and conditions of employment. Upon request, the City Manager shall provide the
opportunity to consult with any employee organization so requesting, regarding amendments
affecting wages, hours and other terms and conditions of employment. As provided in Section
3500, et. seq. of the Government Code, in cases of emergency, when the City Council determines
/'""'- that amendment(s) to these Rules must be adopted immediately without prior notice or meeting
with a recognized employee organization, the City shall provide such notice and opportunity to
meet at the earliest practicable time following the adoption of the amendment(s). Amendments
shall become effective upon adoption of the City Councilor at such other time as the adopting
resolution may provide.
SECTION 24: SEPARABILITY
If any provision, policy or application of this resolution is held to be invalid, the remainder of
this resolution, other than that which is held to be invalid, shall not be affected.
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APPENDIX "A"
COUNCIL POLICY NO. 100-2
68
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Code of Ethics
Policy No. 100-2
Effective Date: 10-14-86
Page No.1 of2
BACKGROUND
Every citizen of the City of Lake Elsinore is entitled to have complete confidence in the
integrity of local government. Each elected official, officer, appointee and employee of
the City of Lake Elsinore must earn that confidence by his own integrity and conduct.
PURPOSE
r--
To adopt a code of ethics setting standards of conduct for all elected officials, officers,
appointees, and employees of the City of Lake Elsinore. This policy is not intended to
supersede, negate or otherwise invalidate any statute, ordinance or public service rule or
regulation.
POLICY
It is the Policy of the Council that the following code of ethics be adopted for all elected
officials, officers, appointees and employees of the City of Lake Elsinore:
I) No elected official, officer, appointee or employee of the City of Lake
Elsinore shall engage in any business or transaction or shall have a financial
or other personal interest, direct or indirect, which is incompatible with the
proper discharge of his official duties or would tend to impair his indepen-
dence or judgment or action in the performance of such duties.
2) No elected official, officer, appointee or employee shall engage in any
enterprise or activity which shall result in any of the following:
/""'"""'
a) Using the prestige or influence of the City office or employment for
private gain or advantage of himself or another.
b) Using time, facilities, equipment or supplies of the City of Lake Elsinore
for the private gain or advantage of himself or another.
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Code of Ethics
Policy No. 100-2
Effective Date: 10-14-86
Page No.2 of2
c) Using official information not available to the general public for his
private gain or advantage or that of another.
d) Receiving or accepting money or other consideration from anyone other
than the City of Lake Elsinore for the performance of acts done in .the
regular course of employment of duty.
e) Receiving or accepting, directly or indirectly, any gift or favor from
anyone doing business with the City of Lake Elsinore under circumstances
from which it could reasonably be inferred that such was intended to
influence him in his official employment or duties, or as a reward for
official action. ~
f) Engaging in or accepting private employment or rendering services for
private interests when such is incompatible with the proper discharge of
his official employment or duties.
3) Every elected official, officer, appointee or employee of the City of Lake
Elsinore shall disclose completely the nature and extent of any interest, direct
or indirect, which conflicts with his responsibility or duty.
Adopted by Resolution No. 86-66
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