HomeMy WebLinkAboutORD 1072ORDINANCE NO. 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, RESCINDING AND REPLACING
ORDINANCE NO. 855, AND ESTABLISHING A NEW
PERSONNEL SYSTEM AS CHAPTER 2.52 OF THE
PALM DESERT MUNICIPAL CODE.
Whereas, the Personnel Ordinance has not been substantially amended
since 1997; and
Whereas, recently passed federal and state laws have necessitated
changes in the City Personnel policies; and
Whereas, the proposed Personnel Ordinance has boon amended to
conform to the federal and state laws; and
Whereas, over the years Memorandum of Understandings between the
City and Palm Desert Employees Organization have modified benefits, holidays,
and accruals; these modifications have not been incorporated into the Personnel
Ordinance; and
Whereas, the Palm Desert Employees Organization and management
staff have had numerous opportunities to comment and recommend changes to
the Personnel Ordinance; and
Whereas, the City management has met and conferred in good faith with
the Palm Desert Employees Organization; and
Whereas, the Personnel Ordinance is a tool for City Management
establishing rules to recruit, retain, compensate, discipline and reward
employees in an accurate and consistent manner.
NOW, THEREFORE, be it resolved that the City Council of the City of
Palm Desert Does Ordain as follows:
That the current Chapter 2.52 of the Palm Desert Municipal Code be
rescinded and the proposed attached Personnel System be adopted and
approved as Chapter 2.52 of the Palm Desert Municipal Code.
ORDINANCE NO. 1072
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Palm Desert, California, at its adjourned regular meeting held this 18'h day of
November, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEG , MMY R
ATTEST:
S
RA HE E D. KLA,iS CITY CLER
CITY OF PALM DESERT', CALIFORNIA
SECTION A: GOVERNING PROVISIONS....................................................................1
2.52.100 Authority.....................................................................................................1
2.52.105 Administrative Rulemaking Authority......................................................... 1
2.52.110 EERO — Employer - Employee Relations Ordinance ................................. 1
SECTION B: RECRUITMENT & SELECTION.............................................................. 2
2.52.200 Equal Opportunity......................................................................................2
2.52.205 Recruitment Notices --Application Requirements ....................................... 2
2.52.210 Examinations............................................................................................. 3
2.52.215 Selection Requirements............................................................................. 3
2.52.220 Veteran's Preference................................................................................. 4
SECTION C: TYPES OF EMPLOYMENT....................................................................... 5
2.52.300 Types of Appointments.............................................................................. 5
2.52.305 Definition of Employment Types................................................................ 5
SECTION D: COMPENSATION.................................................................................... 8
2.52.400
Basic Compensation Plan.......................................................................... 8
2.52.405
Beginning Compensation........................................................................... 8
2.52.410
Pay Periods............................................................................................... 8
2.52.415
Personnel Dates Defined........................................................................... 8
2.52.420
Advancements Within Salary Schedules ................................................... 9
2.52.425
Advancement in Salary ............................................................................
10
2.52.430
Adjustment in Salary-- Reclassification....................................................
10
2.52.435
Reduction in Salary ..................................................................................
11
2.52.440
Layoff.......................................................................................................11
2.52.445
Reduction in Salary for Unsatisfactory Performance or Demotion ...........
12
2.52.450
Merit Step Increase Eligibility...................................................................
12
2.52.455
Change of Status for Department Directors .............................................
13
2.52.460
Salary - City Clerk....................................................................................
13
2.52.465
Salary - City Manager and Executive Director of the Redevelopment
Agency.....................................................................................................
13
SECTION E: WORKPLACE POLICIES.......................................................................14
2.52.500
American with Disabilities Act Policy and Procedure ...............................
14
2.52.505
Employee Responsibilities and Standards of Conduct ............................
14
2.52.510
Policy Against Harassment, Discrimination and Retaliation .....................
17
2.52.515
Policy Against Violence in the Workplace ................................................
23
2.52.520
Policy Against Substance Abuse.............................................................
26
2.52.525
Anti -retaliation Policy...............................................................................
30
2.52.530
Attendance Policy....................................................................................
34
2.52.535
Anti -Nepotism Policy................................................................................
35
2.52.540
Outside Employment Policy.....................................................................
37
2.52.545
Conflicts of Interest..................................................................................
38
2.52.550
Dress and Personal Appearance Policy ...................................................
38
2.52.555
Electronic Mail/internet Policy..................................................................
40
2.52.560
Safety Policy............................................................................................45
2.52.565
City Emergency Situation.........................................................................
53
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
SECTIONF: HOURS OF WORK................................................................................. 54
2.52.600 Workweek and Overtime.......................................................................... 54
2.52.605 Compensatory Time Off........................................................................... 54
2.52.610 Standby Pay............................................................................................ 55
2.52.615 Callback Pay............................................................................................ 55
SECTIONG: BENEFITS............................................................................................... 56
2.52.700
Holidays...................................................................................................56
2.52.705
Vacation Leave........................................................................................
57
2.52.710
Sick Leave...............................................................................................
59
2.52.715
Domestic Partner Benefits.......................................................................
61
2.52.720
Retirement...............................................................................................
61
2.52.725
Health, Life and Long Term Disability Insurance .....................................
61
2.52.730
COBRA Benefits......................................................................................61
2.52.735
Reimbursable Expenses..........................................................................
62
2.52.740
Seminars and Work Related Training......................................................
62
2.52.745
Certificate or Licensing Programs............................................................
64
2.52.750
Education Reimbursement/Tuition Program ............................................
64
SECTIONH:
LEAVES..................................................................................................
67
2.52.800
Short Term Leave....................................................................................
67
2.52.805
Family Care and Medical Leave..............................................................
67
2.52.810
Bereavement Leave.................................................................................
73
2.52.815
Pregnancy Disability Leave......................................................................
73
2.52.820
Jury Duty and Court Appearances...........................................................
74
2.52.825
Military Leave of Absence........................................................................
75
2.52.830
Workers' Compensation Disability Leave .................................................
77
2.52.835
Leave of Absence....................................................................................
78
2.52.840
School Related Leaves............................................................................
78
2.52.845
Adult Literacy Leave................................................................................
79
2.52.850
Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace
OfficersLeaves........................................................................................
79
2.52.855
Time Off to Vote.......................................................................................
80
2.52.865
Unapproved Leave - AWOL.....................................................................
80
SECTION I: DISCIPLINARY ACTIONS........................................................................
82
2.52.900
Disciplinary Action...................................................................................
82
2.52.905
Causes for Discipline...............................................................................
82
2.52.910
Administrative Leave Pending Disciplinary Investigation .........................
82
2.52.915
Types of Discipline...................................................................................
83
2.52.925
Skelly Hearing Due Process for Disciplinary Actions ...............................
83
SECTIONJ:
GRIEVANCES.........................................................................................
87
2.52.1000
Grievances..............................................................................................87
SECTION K:
PERSONNEL FILES..............................................................................
93
2.52.1100
Central Personnel Files............................................................................
93
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
SECTION A: GOVERNING PROVISIONS
2.52.100 Authority
This is the personnel ordinance for the City of Palm Desert. This ordinance is intended
to include the policies and authority that govern the nature and management of the
various employment relationships the City of Palm Desert has with employees.
Nothing in this ordinance is intended to be construed as or create any employment
contract. The contents herein are intended to be used as the primary source of
authority in the City's management of employment relationships.
2.52.105 Administrative Rulemaking Authority
Management reserves the right to change or add policies to this ordinance and to issue
administrative rules or directives as needed to update this document and provide
guidance on important personnel policy issues for the proper management and uniform
administration of City personnel matters pursuant to meet -and -confer requirements, if
any.
When management changes or adds policies, issues, personnel rules or directives
pursuant to this section, a copy of such administrative rules, directives, policies or
changes will be provided to all employees and the rule, directive, or change, shall be
made a part of and incorporated into the City's personnel ordinance and Personnel
Policy and Procedures Manual.
The City Manager, under this authority, if advisable, may form a committee to review
and recommend substantive changes to this ordinance and/or to execute provisions
included herein.
2.52.110 EERO — Employer- Employee Relations Ordinance
It is the policy of the City to promote employer -employee relations, maintain full
communication between the City and its employees and recognize the right of
employees to join organizations of their own choice and be represented by recognized
employee organizations, as provided herein. To this end, the City has adopted an
EERO (City of Palm Desert Ordinance 1042) that provides procedures and processes
for collective bargaining matters. This relationship is governed by Sections 2.53.010
through Sections 2.53.220 of the Municipal Code.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
1
SECTION B: RECRUITMENT & SELECTION
2.52.200 Equal Opportunity
The City of Palm Desert is an equal opportunity employer. Pursuant to this and in
accordance with applicable state and federal law, the City bases all employment -related
decisions on principles of equal employment opportunity, including:
• The City recruits, hires, discharges, promotes, reassigns, compensates and
trains highly qualified persons without regard to actual or perceived race, color,
religion, sex, sexual orientation, gender identity, marital status, national origin,
ancestry, age, disability, medical condition or any other basis prohibited by
applicable laws.
• The City administers all personnel actions such as compensation, benefits,
transfers, layoffs, reductions in force, training, education, social and recreational
programs, without regard to actual or perceived race, color, religion, sex, sexual
orientation, gender identity, marital status, national origin, ancestry, age,
disability, medical condition or any other basis prohibited by applicable law.
• The City will provide reasonable accommodation where necessary and when it
does not create an undue hardship, and otherwise treats equally, qualified
individuals with disabilities.
• The City prohibits harassment, discrimination and retaliation in the workplace.
2.52.205 Recruitment Notices --Application Requirements
The City's Department of Human Resources will prepare recruiting notices for positions
in the personnel system, by publicizing vacancies in a newspaper of general circulation
and in any other medium and manner deemed appropriate by the Department.
Recruitment notices may specify the title and pay of the class, the nature of the work to
be performed and the essential functions of the job, the qualifications necessary for
performance of the work, the manner of making applications, the type of exam(s) that
will be administered, and other pertinent information.
Application forms shall require information covering training, experience and other
pertinent information. Applicants for positions which are scientific, professional or
technical, or the duties of which requires special qualifications shall be required to
provide documentary evidence of a satisfactory degree of education, training, and/or
experience.
Background checks will be conducted on all applicants and made part of the applicant's
file. Applications shall be rejected, or employment terminated, if already hired, if the
applicant has made any false statement or omission of any material fact, or given wrong
or misleading information.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
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The Human Resources Department may reject any application that indicates that the
applicant does not possess the minimum qualifications required for the position.
2.52.210 Examinations
The City has discretion to use any examination process that the City believes will
measure the relative capacity of the persons examined to execute the duties and
responsibilities of the position that they seek.
The Human Resources Department, together with the director of the hiring department,
will determine the methods of evaluating the qualifications and interviewing applicants.
The methods may involve any combination of written test, agility test, oral interview,
performance test, rating of education, training and experience or other measure of an
applicant's ability and qualifications.
No question in any test, or in any application form, or by an appointing authority, shall
be so framed as to attempt to elicit information concerning actual or perceived race,
color, national origin, sexual orientation, gender identity, age, gender, political or
religious opinions or affiliations of an applicant.
Each person who takes an examination shall be given written notice of the results
thereof within a reasonable period of time.
2.52.215 Selection Requirements
Appointment of individuals for employment with the City of Palm Desert will be made on
the basis of merit, ability, qualifications and background.
No appointment to or removal from a position in the personnel system, shall be affected
or influenced in any manner by any consideration of actual or perceived race, color,
national origin, age, gender, political or religious opinion or affiliation, sexual orientation
or physical or mental disability, when such disabilities do not affect ability to perform
essential job duties with or without accommodation.
In accordance with Municipal Code Section 2.04.100, it shall be the duty of the city
manager to, and he shall appoint, remove, promote and demote any and all officers and
employees of the city under his control, subject to all applicable personnel ordinances,
rules and regulations. (Ord. 17 § 7.3, 1974)
Offers of employment will be made conditional on the applicant undertaking and passing
a medical examination. When it is required, the exam will be conducted at City expense
and must be satisfactorily passed prior to commencement of employment to determine
if applicant can perform essential functions of the job with or without reasonable
accommodation.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
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2.52.220 Veteran's Preference
Each person who provides proof of an honorable discharge from the service of any
branch of the U.S. military or U.S. armed forces within 10 years of the final filing date for
an open position, and who meets the Application Requirements [Section 2.52.205], will
receive preferential consideration as required by law.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
4
SECTION C: TYPES OF EMPLOYMENT
2.52.300 Types of Appointments
The City has the following types of employment appointments, which may be either full-
time or part-time; temporary or seasonal.
Full-time employment consists of 2080 hours per year, with part-time employment
consisting of less than 1250 hours per year.
A. Regular Appointment: Regular appointment follows successful completion of a six
month probationary period, when applicable, and signifies satisfactory performance of
duties and responsibilities in the position to which the employee is assigned.
B. Acting Appointment: Acting appointment occurs when a supervisor temporarily
assigns a regular employee to a classification other than his or her own and the
employee performs all the duties of a position other than the position the employee
normally occupies. Acting appointments must be approved by the City Manager.
2.52.305 Definition of Employment Types
A. Regular Employees: Regular employees are those hired for an indefinite period of
time who have received a regular appointment and can be either full-time or part-time
employees.
Regular employees, provided they are employed on a half-time basis, 1,250 hours per
year or more, are eligible for paid holidays, vacation, leaves of absence credits,
retirement, health and life insurance, and other compensation benefits.
Exempt Status
Exempt Personnel, Group A: Certain positions are designated as being
exempt from overtime provisions. Such positions are typically those held
by managers, directors, high-level administrators, or professionals, as
defined by the Fair Labor Standards Act.
These positions shall be identified by resolution. Among other things,
positions requiring attendance at numerous extra hour meetings and
conferences are designated as Exempt Personnel, Group A.
Exempt Personnel, Group B: Certain positions are designated as being
exempt from overtime provisions. Such positions are typically those held
by managers, directors, high-level administrators, or professionals, as
defined by the Fair Labor Standards Act.
These positions shall be established by resolution. Among other things,
positions requiring attendance at occasional extra hour meetings and
conferences are designated as Exempt Personnel, Group B.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
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B. Acting Employees: Acting employees are regular employees temporarily assigned
to a position and who perform all the duties of a position other than the position the
employee normally occupies. An acting employee can be removed from his or her
acting position, and returned to his or her regular position, at any time without cause
and with no right of appeal or hearing.
An employee appointed in an acting capacity shall receive the salary equivalent to Step
A of the acting position, providing it is at least five percent higher and providing that the
employee serves in the higher classification for at least thirty consecutive calendar
days.
Acting appointments shall be made on a temporary, at -will basis. When the employee is
relieved of the acting appointment, the employee shall be reinstated, without right of
appeal, to the former position and the salary adjusted to the salary range of the former
position at the appropriate step as if the temporary appointment had not occurred.
C. Temporary Employees: Temporary employees are those hired for a definite period
of time, not to exceed 866 hours and can be either full-time or part-time employees.
Temporary employees serve at the will of the City and are subject to termination at
anytime without cause and have no right of appeal or hearing.
Compensation is set on a per diem or hourly basis. Temporary employees are not
eligible for paid holidays, vacation, leaves of absence credits, retirement, health and life
insurance, or other compensation benefits.
D. Seasonal Employees: Seasonal employees are those employees hired part-time
for a specific assignment. The assignment is seasonal in nature and the work cannot
exceed 1,000 hours per year.
Seasonal employees are not eligible for paid holidays, vacation, leaves of absence
credits, health and life insurance, or other compensation benefits. Seasonal employees
serve at the will of the City, and are subject to termination at any time without cause and
have no right of appeal or hearing.
E. Probationary Employees: Probationary employees are employees who are newly
hired and subject to a period of six months probation, which is also referred to as an
probationary period.
The work and conduct of probationary employees will be subject to close scrutiny and
evaluation. The probationary period is part of the selection process, and shall be
considered to be a working test period during which an employee is required to
demonstrate fitness for the appointed position by actual performance of the duties of the
position.
At all times during the probationary period, employment with the City is considered to be
at -will and the employment relationship may be terminated at any time for any reason
by either party. As such, probationary employees serve at the will of the City and are
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
6
subject to termination without cause and without the right of appeal or hearing, prior to
the expiration of this period.
A probationary employee shall be evaluated by his or her supervisor at the end of the
first three months of the probationary. The evaluation will include a recommendation as
to whether or not the employee should continue with the remaining three months of the
probationary period.
Prior to the end of the six-month probationary period, the employee's supervisor will
evaluate the employee's performance. If the supervisor's evaluation indicates that the
employee is performing satisfactorily after his or her six months' probationary period, or
has remedied any noted performance issues, and is continuing to perform satisfactorily,
the supervisor shall submit a recommendation to the Department of Human Resources
that the employee has successfully completed his or her probationary period and should
become a regular employee.
Copies of all evaluations made at any point during and at the conclusion of the
probationary period shall be forwarded to the department head and the Human
Resources Department for inclusion in the employee's personnel file.
Probationary employees will not be eligible for any employee benefits, except health
insurance, until they have completed the probationary period and have commenced
regular employment.
Probationary employees are eligible to be paid for recognized holidays. They will also
accrue sick, vacation and floating holiday benefits and six -months worth of accruals will
vest and credited to them only after they have completed their probationary period and
are appointed to regular employees. Absences during the probationary period will be
unpaid.
The probationary period is not subject to extension except when the employee is on
military leave, as described herein, or on another type of approved leave in which case
the City Manager will approve whether or not the period may be extended.
F. Probation Period for Promoted Regular Employees: Regular employees
appointed to a new position due to promotion will serve a three-month probationary
period, with an interim review at 6-8 weeks, unless they served in the position in an
acting capacity for at least three months prior to their promotion.
During this probationary period, the City has the discretion to move the employee back
to his/her prior position at will and without right of appeal if it determines that it is in the
best interest of the City or if it determines that the employee is unable to satisfactorily
perform the new position.
Transferred or promoted employees, although evaluated according to this policy, remain
eligible for all benefits while demonstrating their ability to perform their new jobs.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
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SECTION D: COMPENSATION
2.52.400 Basic Compensation Plan
The "Table of Salary Ranges for Classifications and Positions" and the salary schedule
shall be established by resolution. This table or salary schedule is available and can be
obtained from the City's Department of Human Resources.
2.52.405 Beginning Compensation
New employees of the City start and are paid the entry level rate allocated to the class
of employment for which the employee has been hired and as stated in the job offer.
However, upon recommendation of the department director or manager and with the
approval of the City Manager, such new employee may be offered the job at a higher
salary within the salary range for that classification.
2.52.410 Pay Periods
All employees are paid every two weeks. A pay period is for fourteen consecutive
calendar days, beginning on a Saturday and ending on a Friday.
2.52.415 Personnel Dates Defined
A. Hire Date: An employees' hire date shall be the first day of employment with the
City,
B. Review Date: An employees' review or evaluation date shall be the date of the next
regularly scheduled written performance evaluation, or another date as requested by
supervisor for purpose of conducting a written performance evaluation.
C. Merit Step Increase Eligibility Date: The merit step increase eligibility date for
individual employees shall be the date of the next scheduled review for advancement
within the salary schedule.
The City's compensation system is a merit system. Advancements within the salary
schedule are subject to the employee satisfactorily completing the minimum length of
service within the current step and receiving a satisfactory performance review. An
employee shall be denied a merit step increase by the evaluating supervisor for
unsatisfactory performance.
If step advancement is denied, the evaluating supervisor shall coordinate with their
ACM and the Director of Human Resources to design an Action Plan (AP) of limited
duration, specifically designed to address the performance deficiencies of the subject
employee. Additionally, the AP shall include a strategy that provides support and
training designed to equip the subject employee to overcome their performance
deficiencies.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
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Following the presentation of the performance evaluation, and the required "Action
Plan", the employee may exercise one or both of the following options:
a. Write a rebuttal to the performance evaluation, which must be included in his/her
personnel file.
b. Request that the evaluation and the action plan be reviewed by an Assistant City
Manager that is not in their direct line of supervision.
Option "b." involves a review of the requirements set by policy, and the
documents only, which include the performance evaluation, the action plan, and
the employee's rebuttal. It does not constitute a hearing before the independent
Assistant City Manager.
If the employee chooses to exercise option "b." the Human Resources Director
shall assign one of the Assistant City Managers to independently review the
performance evaluation and the action plan. The selected Assistant City
Manager shall determine if the recommended action shall be sustained, modified
or revoked. The independent Assistant City Manager's determination shall be
final.
During the life of the AP the employee shall receive monthly performance evaluations
until such time as the employee either improves his/her performance sufficient to justify
advancement within the salary schedule, or until such time as the AP expires without
the employee achieving the required job proficiencies in which case the employee
would be subject to discipline up to and including discharge. If the subject employee
qualifies for a merit step increase, the next Merit Step Increase Eligibility Date shall be
based on the date of the last satisfactory performance evaluation.
D. Employee Merit step increase Eligibility and Review Dates will conform to Sections
2.52.420; 2.52.425; 2.52.450 and other pertinent sections.
2.52.420 Advancements Within Salary Schedules
Employees may be advanced within their respective salary schedules in accordance
with the following schedule of minimum length of service:
Step B, 5% increase after six months of satisfactory service in Step A;
Step C, 5% increase after one year of satisfactory service in Step B;
Step D, 5% increase after one year of satisfactory service in Step C;
Step E, 5% increase after one year of satisfactory service in Step D;
Step F, 2'/2% increase after two years of satisfactory service in Step E;
Step G, 2'/2% increase after two years of satisfactory service in Step F;
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
9
Step H, 2Yz% increase after two years of satisfactory service in Step G;
Step I, 2'/2% increase after two years of satisfactory service in Step H;
Step J, 2'/2% increase after five years of satisfactory service in Step I.
2.52.425 Advancement in Salary
All advancements require the approval of the City Manager in order to become effective.
Advancement to the higher steps shall be granted only as a result of a written
evaluation of continued satisfactory performance of the duties of the position held.
Promotional Advancement:
When an employee is promoted to a position with a higher salary range, such employee
shall be assigned to Step A of the higher classification; provided, however, that if such
employee is already being paid at a rate equal to or higher than Step A, he or she shall
be placed in the step of the higher classification as will grant such employee a salary
increase of not less than five percent (5%).
If the percentage difference between the ranges will not grant the promoted employee a
minimum of five percent (5%) salary increase, the promoted employee shall be granted
the next highest step in the new salary range.
When the effective date of a promotion is within sixty (60) days before an employee's
merit step increase eligibility date, any merit step increase which would have been
granted to become effective on that merit step increase date, shall become effective on
the effective date of promotion and shall be in addition to the promotional increase.
2.52.430 Adjustment in Salary-- Reclassification
The salary of an employee in a position which is reclassified, shall be determined as
follows:
A. Same Range: If the position is reclassified to a class that is allocated to the same
salary range, the salary shall not change.
B. Higher Range: If the position is reclassified to a class which is allocated to a higher
salary range, such employee shall be assigned to Step A of the higher classification;
provided, however, that if such employee is already being paid at a rate equal to or
higher than Step A, he or she shall be placed in the step of the higher classification that
will grant such employee a salary increase of not less than five percent (5%).
When the effective date of a reclassification is within sixty (60) days before an
employee's merit step increase eligibility date, any merit step increase which would
have been granted on that merit step increase eligibility date shall become effective on
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
10
the effective date of the reclassification and shall be in addition to the reclassification
increase.
C. Lower Range Y-rating: If a position is reclassified to a class that is allocated to a
lower salary range, the position shall be Y-rated.
The salary of a Y-rated position will remain at the rate of pay received immediately
before the reclassification until a step in the new (lower) salary range assigned to the
reclassified position equals or exceeds the employee's rate of pay. Step advancements
in the new (lower) range may be made without increases to the employee's rate of pay.
COLA (cost -of -living adjustment) increase will not be given to Y-rated employees until
the employee's step in the new (lower) salary range equals or exceeds the employee's
rate of pay.
2.52.435 Reduction in Salary
In the event the City determines it necessary to reduce salaries because of budgetary
limitations or business necessity and through no fault of the employee, the salaries of
one and/or all employees may be reduced.
If this process is undertaken, the City Manager shall notify all employees in writing and
will hold employee meetings to explain the business necessity of this action. The City
will also notify the employee representative group pursuant to existing Memorandums of
Understanding and collective bargaining procedures.
The City may restore employee's salaries to the prior levels if and when budgetary or
business conditions sufficiently improve.
2.52.440 Layoff
The City Manager may lay off an employee or employees because of lack of work, for
reasons of economy and efficiency, or budgetary reasons.
If this process is undertaken, the City Manager shall notify the employee or affected
employees in writing of the intended action, with reasons, at least thirty (30) calendar
days, before the effective date of layoff. A copy of such notice shall be given to the
employee organization that is affected, so the City and the employee organization can
fulfill their obligation under MMB to meet -and -confer over the effects of the layoffs.
Seniority within the classification shall determine the order of layoff. The employee will
be given priority based upon tenure with the City, for a period not to exceed 12 months,
for re-employment, provided there is a vacancy and the employee is qualified and
otherwise suited for the position.
The City will also notify the employee representative group pursuant to existing
Memorandums of Understanding and collective bargaining procedures.
Ordinance 1072 - City of Palm Desert Personnel Ordinance November 2004
11
2.52.445 Reduction in Salary for Unsatisfactory Performance or Demotion
A. Unsatisfactory Performance. When an employee is demoted for reasons of
unsatisfactory performance or disciplinary action or has his or her job duties and/or
responsibilities reduced, the employee's salary shall be reduced to fit within a lower
salary range.
The employee's merit step increase eligibility date shall be one year from the effective
date of demotion, unless this date is changed by the City Manager at the supervisor's
request.
B. Other Type of Demotion. When an employee is demoted to a position with a lower
salary range of pay for reasons other than unsatisfactory performance or disciplinary
action, the employee shall remain at the rate of pay received immediately before the
demotion until the employee is eligible for a merit step increase and a satisfactory
written evaluation is received.
2.52.450 Merit Step Increase Eligibility
The merit step increase eligibility date shall be the date an employee is next eligible for
advancement within the salary schedule in accordance with Section 2.52.420.
An employee shall be denied a merit step increase by the evaluating supervisor for
unsatisfactory performance.
Advancements within the salary schedule are subject to the employee satisfactorily
completing the minimum length of active service within the current step, except those
employees advanced due to reclassification.
The merit step increase eligibility date and review date will conform to this section. For
purposes of merit step increases within the salary range, the merit step increase
eligibility date and performance review date shall be the date of:
• Promotional Advancement: The merit step increase eligibility date shall be changed
to the anniversary date of the promotion.
• Range Change and Reclassification: The merit step increase eligibility date shall
change to the anniversary of the employee's reclassification date and conform to
Section 2.52.420.
• Retroactivity: If the employee's review is late, any merit step increase he or
she is entitled to and eligible for shall be made retroactive to the step eligibility
date.
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2.52.455 Change of Status for Department Directors
Any change in the status of an Assistant City Manager, Department Director or
Manager, including consideration for advancement, reduction in salary, demotion or
reassignment must be approved by the City Manager.
2.52.460 Salary - City Clerk
The salary of the City Clerk is set by the City Council with recommendations for
adjustments made by the City Manager.
2.52.465 Salary - City Manager and Executive Director of the Redevelopment
Agency
The City Council and agency board sets the salaries of the City Manager and the
Executive Director of the Redevelopment Agency.
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SECTION E: WORKPLACE POLICIES
2.52.500 American with Disabilities Act Policy and Procedure
To comply with applicable laws ensuring equal employment opportunities for qualified
individuals with disabilities, the City will make reasonable accommodations for the
known physical or mental limitations of an otherwise qualified individual with a disability,
who is an applicant or an employee, unless undue hardship would result, or unless the
individual poses a direct threat to the health and safety of him/ herself or others.
Any applicant or employee who requires an accommodation in order to perform the
essential functions of the job should contact the Human Resources Director and request
such an accommodation. The individual with the disability should specify what
accommodation he or she needs to perform the job.
Requests for an accommodation will be evaluated on a case -by -case basis, and the
City may require reasonable documentation of a disability to support the request,
including, but not limited to, a fitness for duty report.
The City will engage in a good faith interactive process to identify the barriers that make
it difficult for the applicant or employee to have an equal opportunity to perform his or
her job. The City will identify possible accommodations, if any, that will help eliminate
the limitation. If the accommodation is reasonable, will not impose an undue hardship
on City operations, and does not pose a direct threat to the health and safety of the
individual or others, the City will make the accommodation.
2.52.505 Employee Responsibilities and Standards of Conduct
The City recruits highly qualified staff, at a competitive compensation level and requires
that employees be responsible and meet high performance standards.
As part of this responsibility and performance standard, employees are expected to
abide by the following standards of conduct at all times and to conduct themselves in a
positive manner in order to promote the best interests of the City. Failure to adhere to
these standards may subject an employee to disciplinary action, including separation
from employment with the City.
A. Appropriate employee conduct:
• Treat all customers, visitors, and co-workers and managers in a courteous
manner
• Refrain from behavior or conduct that is offensive or undesirable, or which is
contrary to the City's best interests
• Report to management suspicious, unethical, or inappropriate conduct by
employees, customers, or suppliers
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• Report to management any threatening or potentially violent behavior by
employees, customers, or suppliers
• Cooperate with City investigations by answering all questions fully and candidly
• Comply with all City safety and security regulations
• Wear clothing appropriate for the work being performed
• Perform assigned tasks efficiently and in accord with established quality
standards
• Report to work at the proper work station, ready for work, and at the assigned
starting time
• Smoke only at times and in places not prohibited by City rules or local ordinances
• Eat meals only during meal periods and only in the designated employee lounge,
unless an accommodation is approved
• Maintain cleanliness and order in the workplace and work areas
B. Prohibited Employee Conduct: Zero Tolerance:
Employees who engage in proven misconduct of the following types shall be subject to
severe discipline up to and including discharge.
• Zero Tolerance: Violation of the City's Policy Against Violence in the workplace;
engaging in or threatening acts of workplace violence, including but not limited to
the possessing firearms or other weapons on City property, fighting or assaulting
a co-worker, guest, or customer, and/or threatening or intimidating a co-worker, a
member of the council, security personnel, customers, or guests
• Zero Tolerance: Violation of the City's Policy Against harassment, discrimination
and retaliation; engaging in any form of harassment, discrimination, or retaliation
• Zero Tolerance: Violation of the City's Policy Against the Use of Drugs and
Alcohol in the Workplace; reporting to work or testing under the influence of
alcohol, illegal drugs, or narcotics or using, selling, dispensing, or possessing
alcohol, illegal drugs, or narcotics on City premises
C. Other Prohibited Employee Conduct:
Employees who engage in proven misconduct of the following types may be subject to
discipline up to and including discharge.
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• Disclosing, proprietary or confidential City information to anyone who is not
authorized to receive such information
• Falsifying or altering any City record or report, including, but not limited to: an
employment application, medical reports, production records, time records,
expense accounts, absentee reports, or shipping and receiving records
• Stealing, destroying, defacing, or misusing City property or another employee's
or customer's property
• Misusing City property or systems, including but not limited to: surplus property,
scrap material or equipment, tools, vehicles, electronic mail, computers, Internet
access, or telephones
• Insubordination or refusing to follow a supervisor's directive or lawful instruction
concerning a job -related matter
• Failing to wear assigned safety equipment or failing to abide by safety rules and
policies
• Soliciting or distributing products or services not approved by the City Manager
• Smoking where prohibited by local ordinance or City rules
• Using profane or abusive language
• Sleeping on the job without authorization
• Gambling on City property
• Playing pranks or engaging in horseplay
• Wearing improper attire in violation of the City dress code
• Making an inappropriate or unapproved personal appearance or statements on
behalf of the City
• Working or conspiring against the interests of the City
• Failure to report on the job accidents.
The impermissible or prohibited behavior listed above is not intended to be all-inclusive.
At management's discretion, any violation of the City's policies or any conduct
considered inappropriate or unsatisfactory may subject a violating employee to
separation from employment with the City or other appropriate disciplinary action.
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Any questions about this policy should be directed to the Department of Human
Resources.
2.52.510 Policy Against Harassment, Discrimination and Retaliation
The City has a Zero Tolerance Policy against harassment, discrimination and retaliation.
This policy prohibits City officials, manager, employees, vendors or contractors from
harassing or discriminating or retaliating against applicants, officers, officials,
employees, or contractors.
This policy prohibits harassment, discrimination or retaliation because of an individual's
protected classification. "Protected classification" includes actual or perceived gender,
gender identity, race, religious creed, color, national origin or ancestry, physical or
mental disability, medical condition, martial status, age or sexual orientation. "Sexual
orientation" includes heterosexuality, homosexuality and bisexuality.
The policy applies to all terms and conditions of employment, including but not limited to
hiring, placement, promotion, disciplinary action, layoff, recall, and transfer, leave of
absence, training opportunities and compensation.
Employees who violate this policy are subject to discipline, up to and including
termination.
Prohibition Actainst Harassment and Discrimination:
It is the City's policy to prohibit any form of harassment or discrimination, as defined
below.
A complaint procedure is in place where applicants, officials, officers, employees or
contractors can use to report potential violations. Disciplinary action, up to and
including termination, will be taken against any employee, official, vendor or contractor
who is found to have engaged in harassment or discrimination in violation of this policy.
Any vendor or contractor who has been found to have engaged in harassment in
violation of this policy will be subject to appropriate sanctions as determined by
management.
Prohibition Against Retaliation:
In order to deter harassment and/or discrimination, and to support the integrity of the
City's established complaint procedure, the City also prohibits retaliation.
Any employee found to have retaliated against an employee, applicant, vendor or
contractor because of a complaint of harassment or discrimination or because of
participation in the complaint procedure, shall be subject to disciplinary action.
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Any elected official, vendor or contractor who has been found to have retaliated in
violation of this Policy will be subject to appropriate and available sanctions.
Conduct can constitute retaliation under this Policy when an action is taken or an
employee is treated in a particular manner due to his or her reporting of a violation of
this Policy, participation in an investigation of an alleged Policy violation, or any other
negative action taken against an individual because of his or her association with the
complainant. Any adverse conduct taken because an employee, applicant or contractor
has reported harassment or discrimination, or has participated in the complaint
procedure described below, is prohibited as described in Section 2.52.525 of this
ordinance.
Protected Classifications:
This policy prohibits harassment or discrimination because of an individual's protected
classification.
"Protected classification" includes actual or perceived gender, gender identity, race,
religious creed, color, national origin or ancestry, physical or mental disability, medical
condition, marital status, age, or sexual orientation. "Sexual orientation" includes
heterosexuality, homosexuality and bisexuality.
Policy Coverage:
This policy prohibits City officials, officers, employees, or contractors from harassing or
discriminating against applicants, officers, officials, employees, or contractors because:
1) of an individual's protected classification;
2) of the perception that an individual has a protected classification; or
3) the individual associates with a person who has or is perceived to have a
protected classification.
The City does not consider conduct in violation of this policy to be within the course and
scope of employment or the direct consequence of the discharge of City duties.
Harassment and Discrimination:
Depending upon the circumstances, a single act of harassment or discrimination, as
defined below, can violate this Policy:
1. Verbal — includes epithets, jokes, comments or slurs that identify a person on
the basis of his or her protected classification, intimate or other nicknames,
comments on appearance -- including dress or physical features -- or stories that
tend to disparage those with a protected classification.
2. Visual — includes gestures, posters, notices, bulletins, cartoons, photography,
drawings or computer images communicated through the internet and email
systems that tend to disparage those with a protected classification or that depict
inappropriate content.
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3. Physical — includes the following conduct taken because of an individual's
protected classification: assault, impeding or blocking movement, physically
interfering with normal work or movement, pinching, grabbing, patting,
propositioning, leering, making express or implied job threats or promises in
return for submission of physical acts, mimicking, stalking, or taunting.
4. Sexual Harassment — includes unwelcome sexual advances, requests or
demands for sexual favors, or other verbal or physical conduct of a sexual nature
that is an express or implied condition of continued employment or other term
and condition of employment.
Guidelines for Identifying Harassment, Discrimination and Retaliation:
Harassment and discrimination include any conduct which would be "unwelcome" to an
individual of the recipient's same protected classification and which is taken because of
the recipient's protected classification.
Discrimination may result when an individual is treated differently due to his or her
membership in a protected classification.
In addition, discrimination may result when a City policy or practice has a negative
impact on a particular classification of employees as a whole. A repeated action or type
of conduct by the City need not be in writing or formally approved by the City to qualify
as a policy or practice.
It is no defense that the recipient appears to have voluntarily "consented" to the conduct
at issue. A recipient may not protest for many legitimate reasons, including the need to
avoid being insubordinate or to avoid being ostracized. Simply because no one has
complained about a joke, gesture, picture, physical contact or comment does not mean
that the conduct is welcome. Harassment can evolve over time. Small, isolated
incidents might be tolerated up to a point. The fact that no one is complaining now does
not preclude anyone from complaining if the conduct is repeated in the future.
Even visual, verbal, and/or physical conduct between two employees who appear to
welcome it can constitute harassment of an employee, applicant, officer, official or
contractor who observes the conduct or learns about the conduct later. Conduct can
constitute harassment even if it is not explicitly or specifically directed at an individual.
Conduct can constitute harassment in violation of this Policy even if the individual
engaging in the conduct has no intention to harass. The City recognizes that it is
legitimate for those in protected classifications to have heightened sensitivities to
harassment as a result of their life experiences. Even well intentioned conduct can
violate this Policy if the conduct is directed at, or implicates a protected classification,
and if an individual of the recipient's same protected classification would find it offensive
(e.g., gifts, over attention, endearing nicknames).
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A single act can violate this Policy and provide grounds for discipline or other
appropriate sanctions. Therefore, if you are in doubt as to whether any particular
conduct may violate this Policy, do not engage in the conduct, and seek guidance from
a supervisor.
Retaliation:
Conduct can constitute retaliation under this Policy when an action is taken or an
employee is treated in a particular manner due to his or her reporting of a violation of
this Policy, participation in an investigation of an alleged Policy violation, or any other
negative action taken against an individual because of his or her association with the
complainant.
Any adverse conduct taken because an applicant, employee or contractor has reported
harassment or discrimination, or has participated in the complaint procedure described
below, is prohibited. [See Section 2.52.525 Anti -Retaliation Policy].
"Adverse conduct" includes: taking sides because an individual has reported
harassment, spreading rumors about a complaint, shunning and avoiding an individual
who reports harassment, or real or implied threats of intimidation to prevent an
individual from reporting harassment. Individuals who make good faith reports that
harassment occurred, those who are accused of harassment, and those who associate
with an individual who is involved in reporting harassment or participating in a
harassment complaint procedure are protected from retaliation.
Confidentiality:
The City recognizes that confidentiality is important to all participants involved in a
harassment investigation. Complete confidentiality cannot always occur, however, due
to the need to fully investigate and the duty to take effective remedial action. As a
result, confidentiality will be maintained to the extent possible.
An employee who is interviewed during the course of an investigation shall be advised
of the confidential nature of the investigation, and shall be prohibited from discussing
the substance of the interview with an unauthorized person. Any employee who
discusses the content of an investigatory interview will be subject to discipline.
The City will not disclose a completed investigation report except, as it deems
necessary to support a disciplinary action, to take remedial action, to defend itself in
adversarial proceedings, or to comply with the law or a court order.
Complaint Procedure:
An applicant, employee, officer, official, vendor or contractor who feels he or she has
been harassed, discriminated against or retaliated against in violation of this policy
should report the conduct immediately and according to the following procedure so that
the complaint can be resolved quickly and fairly.
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Confronting the Offending Individual
The City strongly encourages any employee who feels that he or she has been
harassed or discriminated against in violation of this policy to let the offending
person know immediately and firmly that the conduct at issue is unwelcome,
offensive, in poor taste, and/or inappropriate and must stop.
The City also encourages that alleged acts of retaliation be addressed in this
manner as well.
Reporting to Management
If an individual who has been harassed prefers not to confront the offending
person, he or she need not do so. If the employee does not report the
harassment or discrimination to the offending individual, or does so but is not
satisfied the situation has been resolved, the individual must then immediately
report the conduct to any supervisor, department head, or other City
management employee. The employee should provide all details of the incident
or incidents, names of individuals involved, and the names of any witnesses.
This report can be made orally or in writing, although a written account is
preferred.
Interim Relief
Any official, officer, supervisor or management employee who receives a
complaint or learns of a potential violation of this policy must promptly report the
information to the City's Director of Human Resources and if necessary, take
action to diffuse volatile circumstances. If the complaint involves the Human
Resources Director, the person receiving the complaint must notify the City
Manager.
Investigation
The Director of Human Resources, after informing the City Manager, or his or her
designee will immediately conduct or direct an investigation or undertake an
effective, discrete, thorough and objective investigation of the allegations at
issue.
All complaints will be investigated to the extent that the City deems appropriate.
The investigation will normally include interviews with the reporting individual, the
accused, and any other person who is believed to have relevant knowledge
concerning the allegations. The investigator will remind all witnesses to maintain
the confidentiality of the content of the interview, and that retaliation against
those who report alleged harassment or who participate in the complaint
procedure is prohibited.
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Investigation Into Unreported Potential Violations:
The City takes a proactive approach to the problems of harassment, discrimination and
retaliation and will conduct an investigation if its officers, officials, supervisors or
managers become aware that harassment may be occurring, regardless of whether the
recipient employee or a third party reports a potential violation.
Remedial and Disciplinary Action:
If the investigation concludes that harassment or retaliation in violation of this policy has
occurred, the City will notify the offended and offending parties of the general
conclusion(s) of the investigation and will take necessary effective remedial action that
is designed to end the violation(s).
Any employee or officer determined to be responsible for violating this policy will be
subject to appropriate disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager who
condones or ignores potential violations of this policy or otherwise fails to take
appropriate action to enforce this policy.
Any official, vendor or contractor found to be responsible for violating this policy will be
subject to appropriate sanctions.
Option to Report to Outside Administrative Agencies
Employees, applicants, officials, officers, vendors and contractors have the option to
report harassment or retaliation directly to the U.S. Equal Employment Opportunity
Commission (EEOC) or the California Department of Fair Employment and Housing
(DFEH). These governmental agencies offer legal remedies and a complaint process.
The nearest DFEH and EEOC offices are listed in the government section of the
telephone book or employees can check the equal employment opportunity posters that
are located on City bulletin boards for office locations and telephone numbers.
Individual Responsibilities
Individual Employee/ Contractor: A City employee or contractor is required to:
1. Conduct himself or herself consistently with the anti -harassment, anti-
discrimination, and anti -retaliation policy described here.
2. Report any act he or she believes in good faith constitutes harassment,
discrimination or retaliation as defined here, to his or her immediate
supervisor or department head.
3. Maintain the confidentiality of any investigation the City conducts under this
policy by not disclosing the substance of any investigatory interview, except
as directed.
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4. Cooperate fully with the City's investigation into alleged violations of this
policy, by responding fully and truthfully to all questions posed during the
investigation.
Management and Supervisory Employees
In addition to the responsibilities listed above for individual employees, management
and supervisory personnel are responsible to help prevent harassment, discrimination
and retaliation in their departments or areas of responsibility by:
1. Being familiar with this policy and modeling behavior that is consistent with it.
2. Informing all employees under their direction of this policy and complaint
procedure and providing training as appropriate.
3. Receiving complaints of harassment, discrimination and retaliation in a fair
and serious manner, documenting steps taken to resolve the problem, and
following up with the complaining employee to ensure that the behavior has
stopped and that there have been no further reprisals or retaliation.
4. Reporting any potential violations of this policy he or she becomes aware of.
5. Based on the findings of the investigation, implementing appropriate
disciplinary and remedial action.
6. Informing anyone who complains of his or her option to contact the EEOC or
DFEH regarding any alleged harassment, discrimination or retaliation.
7. Regularly monitoring the work environment and taking immediate appropriate
action to stop potential violations, such as removing inappropriate pictures,
and correcting inappropriate language.
Human Resources Department/Human Resources Director
The Director of Human Resources, or his or her designee, is responsible for
administering the complaint procedure and for authorizing and/or conducting an
investigation.
Any questions about this policy should be directed to the Department of Human
Resources.
2.52.515 Policy Against Violence in the Workplace
The City maintains Zero Tolerance against violence in the workplace.
Acts or threats of physical violence, including intimidation, harassment, and/or coercion,
that involve or affect the City or that occur on city property or in the conduct of city
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business off city property, will not be tolerated. This prohibition against threats and acts
of violence applies to all persons involved in city operations, including, but not limited to,
city personnel, contract workers, temporary employees, and anyone else on city
property or conducting city business off city property. Violations of this policy, by any
individual, will lead to disciplinary action, up to and possibly including immediate
discharge, and/or legal action as appropriate.
Workplace violence is any intentional conduct that is sufficiently severe, offensive, or
intimidating to cause an individual to reasonably fear for his or her personal safety or
the safety of his or her family, friends, and/or property such that employment conditions
are altered or a hostile, abusive, or intimidating work environment is created for one or
several city employees. Workplace violence may involve any threats or acts of violence
occurring on city premises, regardless of the relationship between the City and the
parties involved in the incident. It may also include threats or acts of violence that affect
the business interests of the City or that may lead to an incident of violence on city
premises.
Threats or acts of violence occurring off city premises that involve employees, agents,
or individuals acting as a representative of the City, whether as victims of or active
participants in the conduct, and that have a nexus to City employment may also
constitute workplace violence.
Specific examples of conduct that may constitute threats or acts of violence under this
policy include, but are not limited to, the following:
• Threats or acts of physical or aggressive contact directed toward another
individual
• Threats or acts of physical harm directed toward an individual or his/her family,
friends or associates
• The intentional destruction or threat of destruction of city property or another
employee's property
• Harassing or threatening phone calls
• Surveillance
• Stalking
• Possession of offensive or defensive weapons
• Veiled threats of physical harm or similar intimidation
• Any conduct relating to violence or threats of violence that adversely affects the
City's legitimate business interests
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Workplace violence does not refer to occasional comments of a socially acceptable
nature. These comments may include references to legitimate sporting activities,
popular entertainment, or current events. Rather, it refers to behavior that is personally
offensive, threatening, or intimidating.
Reporting
Employees are encouraged to report valid claims without fear of retaliation of any kind.
Employees will not be subject to retaliation for registering any complaint of violence in
good faith.
Employees are required to immediately report threatening comments, action or violent
behavior at any city location or at any location where the City conducts business to the
Department of Human Resources for monitoring and assessment.
Department heads or supervisors will report all incidents of violence or possible
violence, including perceived threats, to the Department of Human Resources. The
department will promptly assess the situation and determine the most appropriate
course of action, including the undertaking of an investigation to confirm the occurrence
reported.
Investigation
Any person who engages in a threatening or violent action on city property may be
removed from the premises as quickly as safety permits and may be required, at the
City's discretion, to remain off city premises pending the outcome of an investigation of
the incident.
When threats are made or acts of violence are committed by employees, a judgment
will be made by the City as to what actions are appropriate, including possible medical
evaluation and/or possible disciplinary action.
Employees who engage in threats or violence, direct, indirect, implied, or actual, against
co-workers or any other person concerning city business, may be subject to legal action
by law enforcement authorities as well as disciplinary action by the City, up to and
including termination of employment.
Once a threat has been substantiated, it is the City's policy to put the threat maker on
notice that he/she will be held accountable for his/her actions and then implement a
decisive and appropriate response. The Human Resources Director will document such
incidents. Such documentation will include a narrative of the incident including names
and other appropriate identification of the parties involved, verbal comments made or
descriptions of the violent behavior, witness names, and witnesses' statements.
Under this policy, the City will act to prevent a threat from being carried out, a violent act
from occurring, or a life -threatening situation from developing. No existing policy or
procedure of the City should be interpreted in a manner that prevents the making of
these necessary actions.
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2.52.520 Policy Against Substance Abuse
The City maintains a Zero -Tolerance policy for substance abuse and its effects in the
workplace as even involvement with drugs and alcohol off the job can take its toll on job
performance and employee safety.
The City's concern is that employees are in a condition to perform their duties safely
and efficiently, in the interest of their co-workers and the public, as well as themselves.
The presence of illegal drugs and alcohol on the job, and the influence of these
substances during work hours, are inconsistent with this objective. Therefore the City
has adopted a zero -tolerance policy regarding drug and alcohol use/abuse. The City
will include drug -free awareness information in its programs.
This policy is also intended to comply with all applicable federal regulations and state
laws governing workplace anti -drug programs, including the federal Drug -Free
Workplace Act of 1988, and similarly, the California Drug -Free Workplace Act of 1990,
which require the establishment of drug -free workplace policies and the reporting of
certain drug -related offenses to the federal Department of Transportation.
Any questions regarding rights and obligations under this policy shall be referred to the
employee's supervisor, department head, or to the Human Resources Director.
Personnel Affected
This policy's prohibition against substance abuse in the workplace applies to all City
employees when they are on City property or when performing City related business.
All employees who are found to have violated this policy are subject to discipline, up to
and including termination.
Pre -Employment Testing
In an effort to reach the goal of a drug and alcohol free workplace, the City will conduct
pre -employment drug and alcohol testing of applicants for all city positions. Pre-
employment drug and alcohol tests shall apply only to non -City applicants following a
conditional offer of employment. City employees who apply for another position shall not
be subject to pre -employment drug or alcohol tests. Any applicant who refuses to
provide consent for pre -employment testing under this policy will be disqualified from
City employment.
Drug and alcohol testing will be conducted by a qualified third party. Any medical history
and other information provided by the applicant, as well as the results of the tests, shall
not be revealed to the City. Rather, the City shall be notified as to whether or not the
applicant's tests revealed any prohibited substances.
An applicant whose test is positive for prohibited substances (alcohol or illegal drugs/
non -prescribed controlled substances) is entitled to question and challenge test results
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he or she believes to be erroneous. Any positive test shall be retested independently
using a more sensitive test.
The City will not hire applicants whose test results are positive for prohibited
substances. Applicants whose test results indicate abuse of lawfully prescribed drugs,
likewise, will not by hired by the City. Any applicant who tests positive for substance
abuse shall not be hired by the City, and shall not be eligible for employment with the
City for a period of one year.
Reasonable Suspicion Testing and Search
For individuals currently employed by the City, the City may require a blood test,
urinalysis, or other drug and/or alcohol screening of those persons reasonably
suspected of using or being under the influence of a drug or alcohol at work or when on
standby duty. Testing must be approved by the Director of Human Resources, his or her
designee, or a department head.
Reasonable suspicion is defined as behavior, speech, body odor, appearance, or other
objective evidence (for example, an open container in a vehicle) of recent drug or
alcohol use, which would lead a reasonable person to believe that the employee is
under the influence of drugs and/or alcohol. Testing may also be required following a
work -related accident or mishap. The supervisor shall document those factors that
created the reasonable suspicion. An employee's consent to submit to such a test is
required as a condition of employment and the employee's refusal to consent may result
in disciplinary action, up to and including termination for even a first refusal or any
subsequent refusal.
Prescribed Medications
While use of medically prescribed medications and drugs is not per se a violation of this
policy, failure by the employee to notify his/her supervisor before beginning work when
taking medications or drugs which could foreseeable interfere with the safe and
effective performance of duties or operation of city equipment will result in discipline, up
to and including termination. Failure to submit the above -described documentation may
result in the employee being placed on leave until such time as the employee provides
such documentation. In the event there is a question regarding an employee's ability to
perform safely and effectively assigned duties while using such medications or drugs,
clearance from a qualified physician may be required.
No Expectation of Privacy
The City hereby serves notice that employees do not have an expectation of privacy
with respect to city property, including but not limited to lockers, storage areas, furniture,
city vehicles, and other places under the common control of the City and employees.
The City, therefore, has the right to search all such areas and property in which the City
maintains control or joint control with the employee. The City may notify the appropriate
law enforcement agency that an employee may have illegal drugs in his or her
possession, or in an area not jointly or fully controlled by the City.
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An employee reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and may be detained for a reasonable time
until he/she can be safely transported from the worksite.
Confidentiality
Any reports or test results generated under this policy shall not appear in an employee's
general personnel folder but will be kept in a separate, confidential medical file that will
be securely maintained by the Director of Human Resources. The report or test results
may be disclosed to City management on a strictly need -to -know basis and to the tested
employee upon request. Disclosure without employee consent may also occur in the
following situations: (1) the release of the information is compelled by law or
judicial/administrative process, (2) the information has been placed at issue in a formal
dispute between the City and the employee or applicant, (3) the information is to be
used in administering an employee benefit plan, (4) the information is needed by
medical personnel for the diagnosis or treatment of an employee or applicant who is
unable to authorize disclosure, or (5), when the information is requested by the
Department of Transportation or any state or local official with regulatory authority over
the City or any of its safety -sensitive employees.
Return to Duty Testing
An employee who has violated this policy but has not been terminated from City
employment may be subject to a return -to -duty test and up to six unannounced drug
and/or alcohol tests during the first twelve months back to duty.
Employee Responsibility and Conditions of Employment
An employee of the City, being made fully aware of the City's zero -tolerance policy with
respect to drug and alcohol use, must:
Not report to work or be on standby or on -call status while his or her ability to
perform job duties is impaired due to on or off -duty alcohol or drug use.
2. Not possess or use controlled substances (illegal drugs or prescription drugs
without a prescription) at any time, or use alcohol at any time while on City
property or while on duty for the City at any location.
3. Not directly or through a third party manufacture, sell, distribute, dispense, or
provide controlled substances to any person, including any employee, at any
time; or manufacture, sell, distribute, dispense or provide alcohol to any
employee while either or both are on duty.
4. Notify his or her supervisor, before beginning work, when taking any medications
or drugs, prescription or nonprescription, which may interfere with the safe and
effective performance of duties or operation of city equipment.
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5. In accordance with the Drug -Free Workplace Act of 1988, notify the Human
Resources Director of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction. Within
30 days of the date the City learns of an employee's conviction, the employee will
be disciplined, up to and including termination. Any employee not terminated will
be required to satisfactorily participate in and complete a drug abuse assistance
or rehabilitation program. Any employee who fails to provide the notice
described here will be subject to discipline, up to and including termination.
6. Notify the Human Resources Director immediately of facts or reasonable
suspicions when he or she observes behavior or other evidence that a fellow
employee poses a risk to the health and safety of the employee or others.
7. Consent to any and all reasonable suspicion tests and/or searches. Failure to
comply with reasonable suspicion tests will be considered a violation of this
policy and will result in disciplinary action, up to and including, termination.
Management Responsibilities and Guidelines
1. Department heads and supervisors are responsible for reasonable enforcement
of this policy.
2. A department head or supervisor may search the PeF6on a personal
possessions of employees only when there is a reasonable suspicion of a
violation of this policy and only with the consent of, and in the presence of, the
employee and Human Resources Director.
3. Department heads and supervisors shall notify the Human Resources Director
when they have reasonable suspicion to believe that an employee may have
illegal drugs in his or her possession, or in an area jointly or fully controlled by the
City. If a department head and Human Resources Director, or his or her
designee, concur that there is reasonable suspicion of illegal drug possession,
the department head or Human Resources Director shall notify the appropriate
law enforcement agency.
Employee Assistance Program
The City maintains an Employee Assistance Program (EAP) that provides assistance to
employees who suffer from alcoholism, drug problems, or other personal or emotional
problems. Employees who require assistance should contact the City's EAP provider
immediately. The City will provide reasonable accommodation to those employees who
are recovering from alcohol or drug abuse problems to the extent that they are disabled
as defined under either the Americans With Disabilities Act or the Fair Employment and
Housing Act.
It is the responsibility of each employee to seek the necessary assistance before
alcohol, drug or other problems adversely affect the employee's performance or
conduct. If a violation of City policy or rules occurs, a subsequent attempt to seek and
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29
obtain assistance on a voluntary basis will not prevent or lessen the severity of the
disciplinary action. Employees may request an unpaid leave of absence to enroll in a
voluntary drug or alcohol rehabilitation program if they wish to do so. The City will
review such requests on a case -by -case basis.
An employee's decision to seek assistance will not be used as a basis for disciplinary
action and will not be used against the employee in any disciplinary proceeding. On the
other hand, as noted above, the mere fact that an employee has sought or intends to
seek professional assistance will not be a defense to the imposition of disciplinary
action where the employer determines, in its sole discretion, that disciplinary action is
warranted.
2.52.525 Anti -retaliation Policy
The city is committed to prohibiting retaliation against those who report, oppose, or
participate in the investigation of alleged wrongdoing in the workplace.
Protected Activity
This policy protects those who engage in protected activity from being retaliated against
because of that protected activity. Protected activity includes any of the following:
1. Filing a complaint with a federal or state enforcement or administrative agency.
2. Participating in or cooperating with a federal or state enforcement agency that is
conducting an investigation of the City regarding alleged unlawful activity.
3. Testifying as a party, witness, or accused regarding alleged unlawful activity.
4. Associating with another employee who is engaged in any of the protected
activities enumerated here.
5. Making or filing an internal complaint with the City regarding alleged unlawful
activity.
6. Providing informal notice to the City regarding alleged unlawful activity.
Policy Coverage
This policy prohibits City officials, officers, employees, vendors or contractors from
retaliating against applicants, officers, officials, employees, or contractors because of
any of the protected activity as defined herein.
Adverse Action
This policy prohibits any adverse conduct that is taken because an applicant, employee,
vendor or contractor has engaged in any of the forms of protected activity as defined
herein. Adverse action includes any of the following:
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• Taking sides because an individual has reported alleged wrongdoing
• Spreading rumors about a complaint of alleged wrongdoing
• Shunning or avoiding an individual who has engaged in any of the forms of protected
activity described above
• Real or implied threats of intimidation to attempt to prevent an individual from
reporting alleged wrongdoing or because of protected activity
• Refusing to hire an individual because of protected activity
• Denying promotion to an individual because of protected activity
• Taking any form of disciplinary action because of protected activity
• Issuing a poor evaluation because of protected activity
• Extending a probationary period because of protected activity
• Altering work schedules or work assignments because of protected activity
Causal Connection
This policy prohibits adverse action that is taken because of an individual's protected
activity.
This Policy Against Retaliation does not prohibit adverse action that is taken for
legitimate or non-discriminatory reasons, such as: discipline for legal cause or refusing
to hire because of inadequate qualifications. As a result, adverse action is only
prohibited if it is causally connected to, or taken because of, the alleged protected
activity.
Complaint Procedure
An applicant, employee, officer, official, or contractor who feels he or she has been
retaliated against in violation of this policy should immediately report the conduct
according to the following procedure so that the complaint can be resolved fairly and
quickly.
Reporting to Management
The individual may make a complaint to any supervisor, department head, City
Manager, or a member of the Human Resources Department. The complaint
should be in writing and provide all details of the incident or incidents, names of
individuals involved, and the names of any witnesses. The complaint should
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31
contain a statement that the individual swears that the contents of the complaint
are true, or that the individual believes them to be true. The complaint shall be
filed as soon as possible after either the alleged act of retaliation, or the date the
individual first becomes aware of alleged retaliation, but no later than three
months thereafter.
Interim Relief
Any official, officer, supervisor or management employee who receives a
complaint or learns of a potential violation of this Policy Against Retaliation must
promptly report the information to the Human Resources Director, or another in
the chain of command, and if necessary, take action to diffuse volatile
circumstances.
Investigation
The Human Resources Director or his or her designee will immediately
undertake an effective, discrete, thorough and objective investigation of the
allegations at issue. Each complaint that complies with the requirements stated
in this Policy Against Retaliation will be investigated to the extent that the City
deems appropriate. The investigation may include interviews with the reporting
individual, the accused, and any other person who is believed to have relevant
knowledge concerning the allegations. The investigator will remind all witnesses
to maintain the confidentiality of the content of the interview, and that retaliation
against those who report alleged wrongdoing or who participate in the complaint
procedure is prohibited.
Remedial and Disciplinary Action
If the investigation concludes that a violation of this Policy Against Retaliation has
occurred, the City will notify the offended and offending parties of the general
conclusion(s) of the investigation and will take effective remedial action that is
designed to end the violation(s).
Any employee or officer determined to be responsible for violating this Policy
Against Retaliation will be subject to appropriate disciplinary action, up to and
including termination. Disciplinary action may also be taken against any official,
supervisor or manager who condones or ignores potential violations of this Policy
Against Retaliation or otherwise fails to take appropriate action to enforce this
Policy Against Retaliation. Any official or contractor who is found to have
violated this Policy Against Retaliation will be subject to appropriate sanctions.
Requirement to Exhaust Administrative Remedies
This Policy Against Retaliation provides an administrative remedy that individuals must
use prior to resorting to judicial remedies to address the conduct described herein.
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Option to Report to Outside Administrative Agencies
Applicants, employees, officers, officials, vendors and contractors have the option to
report alleged retaliation for reporting harassment or discrimination on the basis of sex,
race, national origin, disability, sexual orientation, religion, or medical condition to the
U.S. Equal Employment Opportunity Commission (EEOC) or the California Department
of Fair Employment and Housing (DFEH). These governmental agencies offer legal
remedies and a complaint process. The nearest DFEH and EEOC offices are listed in
the government section of the telephone book or employees can check the equal
employment opportunity posters that are located on City bulletin boards for office
locations and telephone numbers.
Individual Employee/ Contractor
A City employee or contractor is required to:
1. Conduct him or herself consistently with this policy.
2. Report any act he or she believes in good faith constitutes retaliation as
defined here, to his or her immediate supervisor or department head or to the
Human Resources Director.
3. Maintain the confidentiality of any investigation the City conducts under this
policy by not disclosing the substance of any investigatory interview, except
as directed by the department head or the Human Resources Director.
4. Cooperate fully with the City's investigation into alleged violations of this
policy, by responding fully and truthfully to all questions posed during the
investigation.
Management and Supervisory Employees (including Officers and Officials)
In addition to the responsibilities listed above for individual employees, management
and supervisory personnel (including officers and officials) are responsible to help
enforce this policy within their departments or areas of responsibility by:
1. Being familiar with this policy and modeling behavior that is consistent with it.
2. Informing all employees under their direction of this policy and providing
training as appropriate.
3. Receiving complaints in a fair and serious manner, documenting steps taken
to resolve the problem, and following up with the complaining employee to
ensure that the behavior has stopped and that there have been no reprisals.
4. Reporting any potential violations of this policy of which he or she becomes
aware, regardless of whether a complaint has been submitted, to the Human
Resources Department and the department head.
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5. Based on the findings of the investigation, implementing appropriate
disciplinary and remedial action.
6. Informing one who complains of alleged harassment, discrimination or
retaliation in violation of the City's Policy Against Harassment,
Discrimination or Retaliation of his or her option to contact the EEOC or
DFEH.
7. Regularly monitoring the work environment and taking immediate appropriate
action to stop potential violations.
Human Resources Department
The Human Resources Department is responsible for administering the complaint
procedure, authorizing and/or conducting an investigation and, in consultation with the
department head, recommending disciplinary action commensurate with the severity of
the offense, and recommending other appropriate remedial action.
2.52.530 Attendance Policy
The City of Palm Desert requires employees to report for work punctually and to work all
scheduled hours and any required overtime. Excessive tardiness and poor attendance
disrupt workflow and customer service and will not be tolerated.
To address this concern management has instituted the following criteria and guidelines
for employees:
• Supervisors should track employees starting, ending, and break times. Employees
are expected to be engaged in carrying out their duties during all scheduled work
time and should be ready to begin working at their scheduled starting time.
• Supervisors should track all absences and, for nonexempt employees (those subject
to the minimum wage and overtime requirements of the Fair Labor Standards Act),
any tardiness or early departure exceeding ten minutes.
• Employees should notify their supervisor, as far in advance as possible whenever
they are unable to report for work, when they know they will be late, or when they
must leave early.
• Employees will be compensated during authorized absences in accordance with the
policies contained in City's policies, including Sick Leave, Vacation, Short -Term
Absence, and Leaves of Absence. Nonexempt employees will not receive
compensation for time missed because of tardiness or early departure if the time
missed exceeds 10 minutes after starting time or before quitting time. Failure to
notify the appropriate supervisor properly of any absence may result in loss of
compensation during the absence and may be grounds for disciplinary action.
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• Nonexempt employees who are delayed in reporting for work more than 30 minutes
and who have not notified their supervisor of their expected tardiness, may be
subject to disciplinary action.
• Employees who report for work without proper equipment or in improper attire may
be subject to disciplinary action.
• Employees who report for work in a condition considered not fit for work may be
subject to disciplinary action.
• Nonexempt employees who are unable to report because of natural disaster or
inclement weather conditions will be granted an authorized unpaid absence but
employees may use their available vacation accruals to convert this into a paid
absence.
• Nonexempt employees will not be required or permitted to work any period of time
before or after scheduled starting or quitting times for the purpose of making up time
lost because of tardiness, unauthorized absence, authorized absence, or any other
reason if the result will be that the employee works more than 40 hours during the
workweek.
• When appropriate, supervisors should counsel employees under their supervision on
the importance of good attendance and warn that excessive tardiness or absences
will lead to discipline, up to and including termination.
• Employees must obtain permission from their supervisor in order to leave City
premises during working hours. In addition, employees who are frequently away
from the premises for business reasons should inform their supervisors of their
whereabouts during working hours.
• Unauthorized or excessive absences or tardiness may result in disciplinary action,
up to and including termination.
• Employees who are absent from work for three consecutive days without giving
proper notice to their supervisors will be considered as having voluntarily quit. At
that time, the City may formally pursue termination and advise the employee of the
planned action by certified mail to the employee's last known address.
2.52.535 Anti -Nepotism Policy
The City does not have a prohibition against hiring relatives of current employees, but
does reserve the right to weigh the circumstances of situations as they arise on a case -
by -case basis to determine if the employment of a candidate for employment or the
continued employment of a current employee would violate this policy. In keeping with
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35
this policy, relatives will not be hired into or transferred from, positions where they would
be directly or indirectly supervised by a relative.
"Relative" is defined as mother, father, sister, brother, spouse, domestic partner,
daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-
law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first
cousin, nieces, and nephews.
Applicants
An applicant for a position who has a relative employed by the City may not be denied
the right to file an application for employment and compete in the examination process.
Following employment examinations or interviews, if the applicant is successfully
certified as eligible, he or she may be employed in a department, division, or office in
which a member of his or her immediate family is employed. However, such
employment shall be denied if the Human Resources Department determines that such
employment would potentially create a conflict of interest or violate the supervisory
prohibition described above or have a potential adverse impact on supervision, safety,
security, or employee morale.
Refusal of appointment of an eligible candidate by virtue of this policy, does not affect
the candidates eligibility for other positions that may become available.
In no case may an employee participate directly or indirectly in the recruitment or
selection process for a position for which the employee's relative has filed an
employment application.
Current Employees
Where two relatives are working in the same department, division, or office at the time
this policy is adopted, the relationship shall not be deemed a violation of this policy
unless the employee's mutual employment creates a potential conflict of interest or has
a potentially adverse impact on supervision, safety, security, or employee morale.
If, a familial relationship exists or is established through marriage resulting in a spousal
or in-law relationship, the employee may continue in their positions so long as the terms
of this policy are not violated. If, in the determination of the Department Manager, such
a relationship creates a potential violation of this policy, he or she shall submit the
reasons for his or her determination to the Director of Human Resources for review.
The Director of Human Resources shall then investigate the findings and determine if
this policy has been violated. The Director of Human Resources' shall submit his or her
results to the Department Manager with a copy to the City Manager. If a policy violation
has occurred, the Human Resources Director and the Department Manager shall then
promptly inform the employees of the City's intention to transfer one of the employees to
a vacant position of comparable pay and duties in another City division or office,
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36
provided that such a vacant position exists, the transferee is qualified, and no offer of
employment to fill the vacant position has been made to another eligible candidate.
If a position of comparable pay and duties is not open, but one in a lower classification
is vacant, either of the employees may elect to voluntarily demote to the lower position,
provided that the vacant position is in another department, division, or office, the
employee is qualified to fill the position, and the position has not been offered to another
candidate. A voluntary demotion undertaken at the behest of the affected employee
under this provision shall be in accordance with the provisions set forth in the City's
pertinent policies.
If a transfer or voluntary demotion is not feasible, the affected employees shall decide
which of them will resign from City employment. If the employees do not make a
decision, the Director of Human Resources will make a decision that is in the best
interest of the City. One employee will continue in City employment and the other will
be separated in good standing.
Review
With the exception of the Director of Human Resources review, any decision to transfer,
voluntarily demote, or resign pursuant to this policy is not subject to any appeal or
grievance procedures.
2.52.540 Outside Employment Policy
This policy establishes guidelines for outside employment or activity. Outside
employment or activity by a City employee must not be inconsistent with, incompatible
with, or in conflict with his/her duties or the duties, functions or responsibilities of the
City.
A request to engage in outside employment or activities must be made in writing to a
supervisor or department director. The supervisor or department director will not
approve an application for any outside employment or activity if the contemplated
outside employment or activity involves any of the following:
1. The use of City time, facilities, equipment, supplies or other resources.
2. The use of the employee's uniform, badge, prestige or influence of his/her City office
or employment.
3. The acceptance by the employee of money or other consideration, from anyone
other than the City, for any act that the employee regularly performs in the regular
course or hours of his/her City employment as part of his/her duties for the City.
4. The performance of an act, not in his/her capacity as a City employee, which may
later be subject directly or indirectly to the control, inspection, review, audit, or
enforcement by the employee or the City department in which he/she is employed.
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A request to engage in outside employment or activities must include the time frame
during which the employment or activities will occur. If the request is approved, it is
approved for the duration stated and the work described in the request only, but it may
be renewed with subsequent approval.
2.52.545 Conflicts of Interest
An employee or former employee or former city official shall not engage in any other
employment or activities which in any way create a conflict of interest or even the
appearance of impropriety.
Former Officials or Employees. It shall be improper for any former employee or
former city official to appear as a compensated representative at any time before the
city council, or any of its commissions, boards or agencies, by which he or she was
formerly employed in connection with any case or other matter with which such person
was duly connected in a policy -making capacity while with the city for two years
following the termination of said employment with the city.
Such official or former employee may be released from the obligation imposed by this
section upon the submission of a written request to the city council in advance of his or
her proposed appearance including a certification that, while an officer or employee of
the city, he or she took no action or obtained no information which would prejudice their
conduct or presentation, either while an officer or an employee, or at the time of the said
presentation. Such a waiver request submitted to the city council will include a
recommendation from the city manager.
2.52.550 Dress and Personal Appearance Policy
The City of Palm Desert requires that each employee's dress, grooming, and personal
hygiene should be appropriate to the work situation. Acceptable personal appearance,
like proper maintenance of work areas, is an ongoing requirement of employment with
the City.
1. Employees are expected at all times to present a professional, businesslike image to
the public, members of the City Council and co-workers.
2. Employees who have regular contact with the public must comply with the following
personal appearance standards.
a. Employees are expected to dress in a manner that is normally acceptable
for the type of work performed.
b. Employees should not wear attire that is provocative and revealing,
athletic clothing, shorts, flip flops or thong -type (beach footwear), T-shirts,
symbols and emblems that are partisan or political, novelty buttons, and
similar items of casual attire that do not present a businesslike
appearance.
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Examples of inappropriate dress are exposed undergarments: excessively
short or tight garments; bare midriff shirts; strapless shirts; shirts with
slogans or large emblems; sweat suits; denim that is worn, faded, frayed,
ripped, or bleached; sun dresses; halter tops; clothing with inappropriate
advertising (e.g. cigarettes, beer or anything that portrays a negative
image); tank tops, etc.
c. Hair should be clean, combed and neatly trimmed or arranged
3. Employees who do not regularly have contact with the public should follow basic
requirements of safety and comfort, but should still be as neat and businesslike as
working conditions permit.
4. Depending on the nature of their jobs, employees may be required to meet special
dress, grooming and hygiene standards, such as wearing uniforms or other
appropriate clothing.
a. Office Employees: employees shall dress in a manner that allows them to
attend and represent the City in a professional manner at meetings,
commissions, boards, and other professional or public events, as needs
require.
b. Field employees: uniformed employees are required to use their issued
uniforms. Uniform shorts are acceptable, except when working in
hazardous areas. Non -uniform employees must wear acceptable shirts
that are conservative and muted in color. T-shirts and shirts with no collar
are excluded. Walking shorts are acceptable with pockets in a solid
conservative color. Specifically excluded are beach and multi -color
shorts, gym or other shorts that do not resemble the City standard uniform
shorts.
c. All other employees are prohibited from wearing shorts during work hours,
unless pre -approved by the Department Head for non -hazardous
fieldwork.
Casual Dress Days (Casual Friday)
At its discretion, management may allow employees to dress in a more casual fashion
than is normally required. On these occasions, employees are still expected to present
a neat appearance and are not permitted to wear denim that is worn, faded, frayed,
ripped, or bleached; or disheveled clothing, athletic wear, or similarly inappropriate
clothing or accessories as described in (2)(b), above.
Any employee who does not meet the standards of this policy may be asked to take
corrective action, which may include leaving the premises. Non-exempt employees will
not be compensated for any work time missed because of failure to comply with this
policy.
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Violations of the policy may result in disciplinary action.
2.52.555 Electronic Mail/Internet Policy
The City has a computer use and e-mail and Internet use policy and all employees and
officials are bound by it.
The City has technical resources which include desktop and portable computer
systems, fax machines, Internet and world wide web (web) access, electronic mail (E-
mail), electronic bulletin boards, and its intranet; these enable employees to quickly
access and exchange information. When used properly, these resources can greatly
enhance employee productivity and knowledge. These tools are similar to other city
equipment such as facsimiles, file cabinets, photocopiers, and telephones. Therefore,
the goal of this policy is to maximize and ensure the proper usage of these resources.
This policy applies to all technical resources owned or leased by the City, used on or
accessed from city premises, or used for city business.
This policy also applies to all activities using any city -paid accounts, subscriptions, or
other technical services; such as, Internet and world-wide web access and E-mail,
whether or not the activities are conducted from city premises.
This policy sets the standard for the City regarding access to and the disclosure of
electronic mail messages sent or received by city employees with the use of the City's
electronic mail system. It also sets forth policies on the proper use of the electronic mail
system provided by the City.
Acceptable Uses
The City's technical resources are provided for the benefit of the City and its clients or
customers, visitors, vendors, and suppliers. These resources are to be used while
conducting city business. They are to be reviewed, monitored, and used only in that
regard, except as otherwise provided in this policy.
No right to privacy
Employees are otherwise permitted to use the City's technical resources for occasional,
non -work purposes with permission from their direct supervisor. Nevertheless,
employees have no right of privacy as to any information or file maintained in or on city
property or transmitted or stored through the City's computer, E-mail, or telephone
systems.
City Council and staff are required to send copies of E-mail communications to and from
elected officials to the City Manager and the City Clerk.
The Brown Act dictates that the city council (five members) should refrain from sending
E-mail to each other.
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Prohibited Uses
• The City's technical resources should not be used for personal gain or the
advancement of individual views.
• Employee postings will not be permitted on the City's intranet or electronic
bulletin board.
• Conduct, including but not limited to solicitation, of any non -city business or
activities using city resources is strictly prohibited.
• Use of the City's technical resources must not interfere with employee
productivity, the productivity of any other employee, or the operation of city
technical resources.
• Employees may not send E-mail or other communications that either mask their
identity or indicate that they were sent by someone else.
• Employees should never access any technical resources using another
employee's password.
• Employees should only access the libraries, files, data, programs, and directories
related to their work duties.
• Unauthorized review, duplication, dissemination, removal, installation, damage,
or alteration of files, passwords, computer systems or programs, or other
property of the City, or use of information obtained by unauthorized means, is
prohibited.
Offensive material
Sending, saving, or viewing offensive material is prohibited. Messages stored and
transmitted by computer, E-mail, or telephone systems must not contain content that
may be considered offensive to any employee. Offensive material includes, but is not
limited to the following:
• Sexual comments, jokes or images
Racial slurs
• Obscene or suggestive messages or offensive graphic images
• Comments, jokes or images that would offend someone on the basis of his or her
race, color, creed, sex, age, national origin or ancestry, physical or mental
disability, veteran status, parentage, marital status, medical condition, sexual
identity, sexual orientation, as well as any other category protected by federal,
state, or local laws.
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41
• Illegal activities
• Threats
• Slander
• Defamation
• Political endorsements
• Any use of the Internet/worldwide web, or intranet to harass or discriminate is
unlawful and strictly prohibited. Violators will be subject to discipline, up to and
including termination (See Harassment Policy).
• Transmitting any materials in violation of any Federal, State, or local law,
ordinances or regulation is prohibited.
Exemptions to the Public Records Law
Employees should remember that any information stored or sent through the computer
system is not private. This means that you have no expectation of privacy with respect
to such communications. Such communications may be reviewed by City personnel and
it may be open to members of the public. If you have any questions about the release of
such information to the public you should contact the City Clerk's office.
Before any E-mail is released pursuant to a public record's request, any exempt
information must be deleted from the E-mail and the requestor notified of the deletion.
All requests for Public Information should go through the City Clerk's office.
Access to Information
Employees should keep in mind that when they are using the City's computers, they are
creating city documents using a city asset. The City's computer, E-mail, or telephone
systems, and the data stored in them are to remain properties of the City. As a result,
computer data, messages, E-mail messages, and other data are readily available to
numerous persons. Work transmitted on the computer system and other technical
resources may be subject to investigation, search, and review by others per this policy.
All information, including E-mail messages and files, created, sent or retrieved over the
City's technical resources is the property of the City, and should not be considered
private or confidential. Employees should be aware that any electronically stored
information created, sent, or received from others may be retrieved and reviewed when
doing so serves the legitimate business interests and obligations of the City. Even
when a file or message is erased or a visit to an internet/web site is closed, it is still
possible to recreate the message or locate the web site.
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The City reserves the right to monitor use of its technical resources anytime. All
information including text and images may be disclosed to law enforcement or to other
third parties without prior consent of the sender or the receiver.
The Public Records Act governs the public's access to information and the City Clerk
and the City Attorney administer compliance.
Retention Period for Public Records
Retention of most E-mail records falls within the following categories:
• Retain until administrative purpose is served
• Routine announcements, information concerning notices of seminars, queries
regarding processes, and general information regarding programs
• General information files used in daily functions of the administrative area
• Meeting notices, minutes, statistical records, files and recipient's inter -department
memoranda
Retain for Three Fiscal Years:
• General correspondence, senders' inter -department memoranda, and most fiscal
and budget records
Retention schedules are based on a record's informational content, not its format. E-
mail that falls into the category of "retained until an administrative purpose is served"
may be deleted on a daily basis. E-mail that has a long retention period such as
correspondence of senders' memoranda, must be kept through a three-year retention
period
Electronic information that falls within the Public Records Act shall be retained in
accordance with the Act as determined by the City Clerk and the City Attorney.
Copyrighted Materials
Employees should not copy and distribute copyrighted material (e.g., software,
database files, documentation, articles, graphics files, and downloaded information)
through the E-mail system unless they have confirmed in advance from appropriate
sources that the City has the right to copy or distribute the material.
Transmitting any materials in violation of any federal, state, or local laws, ordinances or
regulations is prohibited; failure to observe a copyright may result in disciplinary action
by the City and legal action by the copyright owner.
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Any questions concerning these rights should be directed to the IS Department
Manager.
Confidential Information
E-mail and Internet/web access are not entirely secure. Others outside the City may
monitor E-mail and Internet/web access.
For example, Internet sites maintain logs of visits from users; these logs identify the
company, and which person used the service. If employee's work using these resources
requires a higher level of security, they should their supervisor or the IS Department for
guidance on securely exchanging or gathering information from sources such as the
Internet or World Wide Web.
All employees should safeguard the City's confidential information, and that of
customers and others from disclosure. Employees should not access new E-mail
messages with others present. Messages containing confidential information should not
be left visible while employees are away from their work area.
E-mail messages containing confidential information should be reviewed by the City
Attorney, and include the following statement in all capital letters at the top of the
message: "CONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS STRICTLY
PROHIBITED."
Security of Information
Although employees may have passwords to access computers and E-mail systems,
these technical resources belong to the City. They are to be accessible by the City, and
are subject to inspections by the City with or without notice.
The City, may override any applicable passwords or codes to inspect, investigate, or
search an employee's files and messages. All passwords must be made available to
the IS Department upon request. Employees should not provide a password to other
employees, or to anyone outside the City; and employees should never access any
technical resources using another employee's password.
E-mail communication or any other files or data stored or exchanged on the City's
systems are not to be encrypted or encoded without the express prior written
permission from the IS Department and or the employee's supervisor. The IS
Department will advise employees to deposit any password, encryption key or code, or
software with the IS Department so that the encrypted or encoded information can be
accessed in their absence.
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Software Policies
Employees are prohibited from installing software on any City technical resource without
the express prior written permission from the IS Department. Employees may not copy
software from the City for personal use.
Employee Responsibilities
Each employee is responsible for the content of all text, audio, or images that they place
or send over the City's technical resources. Employees may access only files or
programs that they have permission to enter.
Violations of any guidelines in this policy may result in termination of access to the
Internet, and may also result in disciplinary or legal action up to and including
termination of employment, and/or criminal or civil penalties or other legal action against
the employee.
Each employee is responsible for notifying their Supervisor if they observe violations of
this policy.
The Department of Human Resources will determine through investigation any violation
to this policy and the appropriate disciplinary action and will work with supervisors if
disciplinary action is necessary.
2.52.560 Safety Policy
A. Injury and Illness Prevention Program (IIPP)
The City has in place an Injury and Illness Prevention Program (IIPP) in accordance
with California law, and which is available to all employees.
All employees are required to understand and comply with the general and specific
elements in the IIPP in order to prevent occupational injuries and illnesses. All
additional applicable federal, state or local laws or regulations pertaining to occupational
injuries or illnesses will be complied with at all times.
Procedure
Any employee who incurs an on-the-job injury or illness will receive immediate and
appropriate first aid or medical treatment. The employee and supervisor must then
comply with their reporting responsibilities and procedures.
Whenever an incident occurs that requires any kind of first aid or medical treatment, no
matter how minor, it is the responsibility of the affected employee or their supervisor to
complete and submit a City of Palm Desert First Report of Injury or Illness as soon as
practical and distribute the report to the Department of Human Resources worker's
compensation administrator and to the Risk Manager. The report is available from the
Department of Human Resources or from the City Intranet Safety and Emergency Page.
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If the affected employee completes the report, it must be reviewed and approved by the
employee's supervisor before it is submitted. Based on the First Report of Injury or
Illness, the Department of Human Resources worker's compensation administrator will
provide additional state -mandated reporting forms to the affected employee as
appropriate. Failure to report an injury or illness as required by organization policy and
state law could result in loss of compensation benefits and possibly lead to corrective
action up to and including termination.
Reporting Responsibility
It is the responsibility of all employees to report immediately in writing to their supervisor
all on-the-job injuries or illnesses regardless of how insignificant or minor the injury or
illness may appear at the time. Incident Report Forms are provided for this purpose and
may be obtained from any supervisor, Human Resources or the City's Risk Manager.
The supervisor will then complete a Supervisor's Incident Investigation Report Form.
These reports should be sent to the City's workers' compensation administrator and to
the Department of Human Resources. Failure to report an injury or illness as required
by state law and organization policy could result in loss of compensation benefits and
possibly lead to corrective action up to and including termination.
Drug Testing
When an employee sustains an injury or illness that requires outside medical treatment,
the employee may also be subject to a screening for the presence of drugs and/or
alcohol in their system, provided state law permits these tests.
When an employee is involved in a mobile equipment accident that results in significant
damage, the employee will be subject to a screening for the presence of drugs and/or
alcohol in their system, provided state law permits these tests. Any employee who
refuses screening for the presence of drugs and/or alcohol will be subject to immediate
termination.
Compensation During Injury Period
In the event the injury is of the nature that requires outside medical treatment,
employees will be paid for their entire shift and should not clock out.
If subsequent medical visits are necessary, employees should schedule those during
non -work hours if possible. Employees should clock out if the appointment is during
their regular work shift. If employees must miss work in order to receive authorized
medical follow-up treatments for a work -related injury or illness, they will receive pay for
up to two hours per visit.
B. Blood and Bodily Fluids Exposure
The City is concerned about employees who may be exposed to blood and other bodily
fluids when rendering first aid to other employees.
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The following procedures are to be used when administering first aid:
Always use the latex gloves that are provided by the City
• In the event CPR becomes necessary, a CPR Micro -Shield should be used.
These are provided to all CPR certified employees by the City. Only those
employees who are certified to perform CPR should perform CPR
• Any materials, including latex gloves and CPR Micro -Shields, used in
administering first aid should be discarded in the red biohazard bags located in the
First Aid Room
Hands should be thoroughly washed following any first aid procedure.
The red biohazard bags will be picked up by special arrangement with the local waste
management company on a regular basis.
C. Licensed Equipment Operators
In order to provide a safe working environment, equipment operators should be properly
trained and licensed.
All equipment operators must be 18 years of age and have a valid driver's license. On a
regular basis, each operator must successfully complete the City's instructional course
and a drug screening for certification to operate equipment.
Any unsafe actions by a licensed operator will lead to personnel corrective action up to
and including termination.
Any employees choosing to operate equipment without proper training, license, and the
consent of their supervisors will be subject to personnel corrective action up to and
including termination.
D. Security and Loss Prevention
The City has installed and maintains an elaborate security system to protect the
premises from fire, unlawful entry, and theft.
Employees will be given the details of the system if it is determined that such knowledge
is necessary to perform their job duties.
Employees are encouraged to assist management in ensuring that the system is not
compromised in any way. Tampering with the system, violating procedures, or revealing
any details about the security system to others may result in personnel action, including
termination.
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E. Driver Authorization and Performance
The City requires that certain employees to be ready, able and licensed to drive as part
of their employment classification.
The ability and willingness to drive safely are extremely important for those employees
who are required to drive in the performance of duty. It is necessary to reduce the City's
risk liability to a minimum level. In order to reduce the City's liability, the City shall
maintain a motor vehicle collision control policy.
Employees who drive particular types of vehicles in the performance of their regular
duties for the City are subject to the safety -sensitive provisions of the City's Substance
Abuse Policy.
The Risk Manager shall review and analyze all employee accidents in order to control
and minimize the risk liability of the City.
Responsibility
The department manager or director may authorize driving privileges to an employee
who must drive a City -owned, a City -leased and/or a privately owned motor vehicle to
perform his assigned functions, provided the employee meets the following
requirements:
• Possession of an appropriate, valid California motor vehicle operator's license
• Has no physical impairment, which precludes driving with or without reasonable
accommodations
• If a privately owned vehicle is used, then employee must provide the City with a
copy of a certificate of insurance showing minimum Liability insurance coverage as
required by the Financial Responsibility Law of the State Vehicle Code
General principles for valid use of the vehicle under assigned functions would include:
• Use of the vehicle provides a defined approved benefit to the City
• Would not be excluded by our insurance coverage requirements
• Would prohibit non -employee passengers unless they are present to further City
business, i.e. a consultant
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Motor Vehicle Record Check
Motor vehicle record checks shall be made with the State Department of Motor Vehicles
in the following instances:
• New driver authorizations
Renewals of driver authorizations
• Whenever deemed necessary by the City's Risk Manager or the City Manager. All
record checks shall be deemed confidential materials
City employees eligible to drive City vehicles are part of the DMV "Pull Notice" program.
The program, administered by the DMV, will notify the City when an employee's license
has been suspended or revoked.
Cancellation of Driving Privileges
Driving privileges are canceled if a motor vehicle record check on the employee reveals
that such driver has a suspended or revoked license, or when such employee retires,
terminates, is discharged or whenever the privilege is no longer necessary for job
functions.
Poor Driving Performance
When an employee is required to drive in the performance of duty, failure to drive safely
must be a matter of concern to the department manager or director. Poor driving, as
other poor performance, can be a basis for discipline as provided in this ordinance.
Risk Manager
The City's Risk Manager shall review and analyze all employee accidents in order to
control and minimize the City's risk of liability. It shall be considered evidence of poor
driving performance any time an authorized driver is found responsible for one or more
preventable on-the-job, vehicle accidents resulting in injury or death, or property
damage exceeding two hundred fifty dollars.
F. Workers' Compensation Policy
The City subscribes to and carries workers' compensation insurance for it's employees
who may be injured or suffer illness while at work.
Injuries occurring in the course of employment are paid for by workers' compensation
insurance. Workers' compensation insurance pays all medical costs, without a
deductible provision, and is paid for exclusively by the City of Palm Desert.
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Notice And Certification Requirements
Employees must report all accidents, injuries and illnesses —no matter how small —that
occur during their work period to their immediate supervisor as soon as possible after
the occurrence. In addition, employees must provide the City with a certification from a
health-care provider.
Guidelines
The following are well-defined provisions that must be met to ensure that employees
qualify for workers' compensation benefits:
• Any work -related injury or illness must be immediately reported in writing to the
employee's supervisor.
• The workers' compensation insurer will investigate all late reported claims.
• When facts cannot be verified, the claim may be denied.
• Any claim for an injury or illness caused by an employee's willful misconduct,
alcohol, or drug usage or that occur during the employee's voluntary participation
in any off -duty recreational, social, or athletic activity sponsored by the City will
not be compensable.
• Workers' compensation fraud is a felony, punishable by fines and/or jail time. The
organization will prosecute any individual found to be claiming a work -related
illness or injury fraudulently.
• An approved physician must treat the injured employee. The City and its carrier
in certain cases will assign specialists. Any treatment other than that approved by
the City and its carrier will not be compensable. If requested, in writing, prior to
an injury or illness, the City will permit employees to go to their own health care
provider to obtain treatment.
Worker's Compensation Benefits
There are two types of workers' compensation benefits paid to an employee with a
work -related injury or illness:
Medical benefits
• Physician's Fees - The approved physician who provides treatment is paid
through the workers' compensation insurer;
Hospital Fees - Paid in full;
Pharmacy Costs - Paid in full if prescribed by an approved physician;
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• Special Costs - Any other medical costs including but not limited to braces,
crutches, physical therapy, and rehabilitation therapy if deemed necessary by an
approved physician will be paid in full according to state law.
Wage replacement benefits:
• Wage replacement benefits are paid during the time employees are temporarily
disabled from a work -related injury or illness. Employees receive a percentage of
their salary as set by state law.
The workers' compensation laws provide for a waiting period before injured employees
become eligible for wage replacement benefits. Employees will be covered for the
period of disability to the limit allowed under state workers' compensation law. The
workers' compensation insurer will pay the employee. The check will be mailed to the
employee's home address.
Compensation Durinq Leave
Employees may utilize any accrued vacation time, sick time and any other accrued paid
time off during the leave. All such payments will be coordinated with any short or long-
term disability, workers' compensation, or other wage reimbursement benefits for which
employees may be eligible.
At no time shall an employee receive a greater total payment than the employee's
regular salary.
Benefits During Leave
If the employee taking workers' compensation disability leave is eligible for leave under
the federal or state family and medical leave laws, the City will maintain the employee's
group health insurance coverage for 12 work weeks if that benefit has not been
previously exhausted during the current family leave year and if such insurance was
provided before the leave was taken, and on the same terms as if the employee had
continued to work.
Employees on workers' compensation disability who do not receive continued paid
coverage, or whose paid coverage ceases after 12 work weeks, may continue their
group health insurance coverage through the City in conjunction with COBRA
guidelines, if applicable, by making monthly payments to the City for the amount of the
relevant premium.
Upon return from leave of absence, benefits will resume accruing in accordance with
the specific requirements of each benefit.
Employees should contact the Human Resources Department for further information.
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Sick and Vacation Leave Accrual
Vacation and sick leave will accrue during workers' compensation leave.
Modified Duty
Employees who decline temporary modified duty in order to return to work from a leave
of absence due to a workers' compensation injury will be considered to have resigned
and their employment with the City will be terminated.
If an employee is eligible for family and medical leave due to the employee's personal
health condition, the employee will have his or her workers' compensation benefits
terminated if he or she refuses temporary modified duty for which the employee is
qualified.
Reinstatement
Under most circumstances, upon submission of a medical certification that an employee
is able to return to work from a workers' compensation leave; the employee will be
reinstated to his or her same position held at the time the leave began or to an
equivalent position in terms of salary, duties, and promotional opportunities.
An employee returning from a workers' compensation leave has no greater right to
reinstatement than if the employee had been continuously employed rather than on
leave. For example, if the employee on workers' compensation leave would have been
laid off had he or she not gone on leave, or if the employee's position has been
eliminated or filled in order to avoid undermining the City's ability to operate safely and
efficiently during the leave, and there are no equivalent positions available, then the
employee would not be entitled to reinstatement.
Failure to Return to Work
Any employee who fails to return to work after being released by an approved
physician, as determined by the City's carrier, will be considered to have resigned and
will be terminated from employment with the City.
G. Temporary Modified Duty Policy
The City of Palm Desert has a temporary modified duty policy for injured or ill
employees who are able to return to work in other capacities.
The City is committed to providing work, when possible, for employees who have been
restricted by a physician due to a work -related injury or illness. Such work:
• Will be provided subject to availability;
• Will be assigned due to the nature of the injury or illness and the limitations set
forth by the treating physician; and
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• Every effort will be made to place employees in positions within their own
departments, but if necessary, employees will be placed wherever an appropriate
position is available.
While on temporary modified duty, employees will continue to receive their regular rate
of pay. Employees who are placed outside their department will continue to have their
salary charged to their regular department.
Employees on temporary modified duty must furnish a written update of their medical
condition to his or her supervisor with a copy to the Department of Human Resources
from the treating physician after each visit in order to remain in the reassigned job.
Temporary modified duty assignments are limited to a period of 90 days, subject to
review.
Being placed on a temporary modified duty assignment does not excuse an employee
from following all of the City's rules, regulations and policies.
2.52.565 City Emergency Situation
In the event of declared City emergency, all City employees are Emergency Service
workers. If an emergency occurs during non -work hours, employees must attempt to
contact the City Emergency Response Hotline as published in the "City Hall Emergency
Procedures and Emergency Phone Numbers" book provided to all employees, for the
declaration of emergency, and the status of City Operations. If unable to reach the
hotline, all employees should, unless physically incapacitated, return to work as soon as
practical after the emergency has occurred. The Emergency Handbook also lists an
Emergency Message Line phone number for employees to call to leave a message if
they cannot report in a timely manner. Employees who are primary or alternate
Emergency Response team members are to report to the Emergency Operations
Center for Emergency team assignment by their Section Chief. All other employees not
listed on the team may also be assigned Emergency team duties as necessary, and are
to report to work.
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SECTION F: HOURS OF WORK
2.52.600 Workweek and Overtime
Employees who are subject to the overtime requirements of the Fair Labor Standards
Act of 1938, as amended, shall be compensated in the manner set forth in such act and
the regulations duly adopted pursuant thereto.
A. Workweek Designated. The official workweek shall begin at 12:01 a.m. Saturday
and end at twelve midnight of the following Friday.
A work week which is different than the work week as set forth in this section may be
established for departments, divisions within departments and individual employees, if
requested by a department director or manager and approved by the City Manager, and
if documented in payroll records.
B. Overtime --Nonexempt Employees. Nonexempt employees must record their actual
time worked for payroll and benefit purposes from the time work begins and ends, as
well as the beginning and ending time of each meal period. Nonexempt employees
must also record any departure from work for any non -work -related reason.
When operating requirements or other needs cannot be met during regular working
hours, an employee may be scheduled to work overtime. A supervisor must authorize
all overtime work in advance. Working overtime without prior authorization may result in
disciplinary action. Nonexempt employees will be paid time and one-half compensation
for all hours worked in excess of 40 hours in one workweek.
Department directors or managers may authorize overtime work for an employee.
Unless otherwise agreed to, work in excess of forty (40) hours in a workweek shall be
considered overtime work.
Holiday hours, Vacation Leave and Sick Leave hours shall not be considered hours
worked in the computation of overtime. Overtime work performed by an employee shall
be compensated by payment at the rate of one and one-half times the employee's
regular rate of pay for the workweek in which overtime was worked.
2.52.605 Compensatory Time Off
In lieu of overtime pay, comp time off or "CTO" may be granted to employees up to a
maximum of 40 hours, at the discretion of management.
A request to use CTO made at least five days in advance shall be presumed reasonable
and shall be granted unless such use will unduly disrupt the operations of the City. An
undue disruption is any event or circumstance which will cause the department to be
unable to provide an acceptable level of service to the public if the employee is absent,
such as a holiday, special event, widespread illness, or other unusual event.
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Earned compensatory time off shall be taken as soon as possible after the date that it is
earned. However, earned compensatory time off not taken within ninety calendar days
of such overtime work shall be cashed out.
Calculating Compensatory Time Off: When CTO is granted in place of overtime pay,
it is calculated at (1) one and one-half times the employee's regular rate of pay for all
hours worked over 40 in a work week, or (2) at the employee's regular rate of pay for all
hours worked over 8 in a day.
2.52.610 Standby Pay
Whenever a nonexempt employee is scheduled for uncontrolled standby duty such
employee will be considered to be on -call. "On -call" is defined as that period of time,
other than regularly scheduled work time, during which an employee may be called
back to provide services that are the responsibility of the department in which the
employee is employed.
During this period of "on -call", the employee is free to engage in the employee's regular
activities so long as the employee is available to respond by phone or beeper within a
reasonable period of time, typically one hour, and is in a condition to work.
Such employee shall be compensated by a payment at the employee's regular rate of
pay in the workweek in which standby duty was incurred in accordance with the
following:
Two hours per day, each weekday;
Three hours per day, each Saturday, Sunday or holiday.
An employee who is "called back" and reports to duty while on -call will not receive
standby pay, but will, instead, receive callback pay in accordance with the procedures
stated herein.
2.52.615 Callback Pay
"Callback" means and is defined as those occasions when a nonexempt employee
reports to duty during off -duty hours responding to a City request made after the
employee has completed the normal shift and left the work station.
For purposes of callback, time spent by the employee in traveling to and from the
employee's place of residence to the work area shall not be considered hours worked.
Whenever a nonexempt employee is called back for duty during off hours, such
employee shall be credited with a minimum of two hours work time plus time actually
worked in excess of two hours.
Such employee shall be compensated by a payment at the rate of one and one-half
times the employee's regular rate of pay in the workweek that callback duty incurred.
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SECTION G: BENEFITS
2.52.700 Holidays
All regular full-time employees of the City shall receive eight (8) or four (4) hours pay for
each holiday, as described in this section.
All regular part-time personnel employed on a half-time basis or more, but less than full-
time, shall receive four (4) hours pay, but only for each full day holiday. Employees on
any type of leave of absence are not eligible for holiday pay.
A. Designated Holidays: Designated holidays currently include:
January 1st, New Year's Day
The third Monday in January, Martin Luther King, Jr. Day
The third Monday in February, President's Day
The last Monday in May, Memorial Day
July 4th, Independence Day
The first Monday in September, Labor Day
November 11 th, Veteran's Day
The fourth Thursday in November, Thanksgiving Day
The Friday after Thanksgiving Day
One-half ('/z) day for Christmas Eve*
December 25th, Christmas Day
One-half day (Y2) for New Year's Eve*
Any day declared to be a holiday by proclamation of the Mayor may also be observed.
Holidays falling on Sunday shall be observed on the following Monday. Holidays falling
on Saturday shall be observed on the preceding Friday.
* Yz day Holidays: should these two days fall on a City workday, the holiday will start at
12:00 noon. All employees must complete a total of four (4) hours work on such days,
providing department coverage until 12:00 noon.
Any non-exempt employee NOT working a complete four (4) hours will need to
show the difference from accrued leave balances (i.e. if the employee is on
vacation the timecard would show 4 hours vacation and 4 hours holiday). When
these two days fall on a non -City workday, employees are eligible for one
additional full day floating holiday in accordance with the policies and practices
currently applicable to floating holiday.
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B. Floating Holiday
Regular Employees
Regular full-time employees shall earn and be granted one floating holiday, which can
be taken any time during the year with advance approval from their department
manager or director. Floating holidays can accrue up to a maximum of one (1) day,
except during those years where an additional floating holiday is granted. Once this cap
is reached, no additional floating holidays will be awarded until one of the days is used.
There will be no retroactive grant of floating holiday compensation for the period of time
the accrued holidays were at the cap.
Probationary Employees
Probationary employees may accrue floating holiday(s) as provided to all other
employees but only after they have met their probationary period and are appointed to
become regular employees. Probationary employees cannot use floating holidays until
and after they have become regular employees.
2.52.705 Vacation Leave
A. Eligibility
All regular full-time employees and all regular part-time employees employed on a half-
time basis or more may take accrued vacation with pay after satisfactorily completing
the six -months probationary period.
Vacation leave accrues only when an eligible employee is in an active employment
status, or while an employee is on an approved family medical leave. Vacation leave
ceases to accrue at the later of the expiration of family leave eligibility or when the
employee exhausts his/her vacation and sick leave balances.
1. Probationary Employees:
Probationary employees accrue vacation leave provided to all other employees based
on their classification, but these accruals will not vest or be credited to them until and
after they have completed their probationary period. Probationary employees cannot
use vacation leave until and after they have become regular employees.
Absences during the probationary period will be unpaid.
2. Temporary or Seasonal Employees
Temporary or seasonal employees do not accrue vacation benefits.
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B. Rate of Vacation Accruals
Regular full-time employees accrue a maximum of ten (10) working days during each of
the first two years of continuous service, and thereafter one additional day for each year
of continuous service to a maximum of twenty (20) working days.
Employees designated as Exempt Personnel, Group A earn an additional ten (10) days
vacation each year plus the continuous service accrual.
Employees designated as Exempt Personnel, Group B earn an additional five (5) days
vacation each year plus the continuous service accrual.
C. Maximum Accrual of Vacation
Vacation accrues up to a maximum of three times the amount of time the employee is
currently eligible to earn each year. For example, if the employee is eligible to earn ten
(10) days a year, the employee stops earning vacation once his or her accrual reaches
thirty (30) days. The same applies to exempt employees in Group A and Group B.
Once this cap is reached, no further vacation will be earned until enough vacation is
used to bring the employee below the cap. Only when the accrual falls below the cap
will vacation compensation again commence to accrue until it reaches the applicable
cap.
D. Approval of Use of Vacation Leave
No vacation may be taken at any time without approval of the employee's supervisor
and/or department director. The times during a calendar year at which employees may
take their vacations shall be determined by their department director or the City
Manager with due regard for the wishes of the employee and particular regard for the
needs of the City.
Two -week Notice: Employees who request more than 3 consecutive days of vacation
time off should do so with at least a two -week in advance notice. Depending on
departmental workload and circumstances, managers may or may not grant the
requested vacation time off.
E. Holidays or Illness During Vacation Leave
Whenever a holiday, as set forth above, falls within an employee's vacation period, the
employee shall be entitled to the holiday with pay and it shall not be charged towards
vacation leave.
Illness during a vacation period shall not be considered as sick leave unless the
employee provides a physician's certificate and receives approval from the City
Manager.
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F. Accrued Vacation Time Buy -Back
All regular full and half-time employees with 120 accrued vacation hours, may, upon
written request, be compensated for up to a maximum of forty (40) hours of accrued
vacation per calendar year, instead of taking vacation time off. The same applies to
exempt employees in Group A and Group B.
G. Payment for Accrued Vacation Time Upon Termination
Employees will be paid for unused accrued vacation time upon termination of
employment, minus tax deductions as required by state and federal taxing laws.
2.52.710 Sick Leave
A. Eligibility and Accrual
After completing the City's designated probationary period, each regular full-time
employee shall accrue sick leave credits of 8 hours for each month of continuous
service.
Sick leave shall accrue only for employees in an active employment status or while an
employee is on an approved family medical leave. Sick leave ceases to accrue at the
later of the expiration of family leave eligibility or when the employee exhausts his/her
vacation and sick leave balances.
Probationary Employees
Probationary employees do accrue sick leave provided to all other employees based on
their classification, but these accruals will not vest or be credited to them until and after
they have completed their probationary period. Probationary employees cannot use
sick leave until and after they have become regular employees.
Absences during the probationary period will be unpaid.
B. Use of Sick Leave
When an employee is going to be absent due to illness or a medical condition that
prevents him or her from coming to work, the employee shall notify his or her
department director or manager, or their designee, as soon as possible, but, unless
there is an emergency circumstance, no later than one (1) hour after the time set for
beginning daily duties.
An employee may use accrued sick leave because of illness, injury, exposure to
contagious disease, or to attend medical, dental and optical appointments to the extent
that such appointments cannot be scheduled outside the workday.
An employee may also use his or her sick leave accrued time to attend to the illness of
a child, spouse, domestic partner, child of a domestic partner, or parent.
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Employees will not be permitted to use vacation in lieu of sick leave unless approved by
the department director or manager.
Physicians Note
A Department Manager or supervisor may require a physicians note or certificate from
employees absent for more than three consecutive work days to be filed with Human
Resources Department, excusing their absence and confirming their fitness to return to
duty.
C. Sick Leave at Termination
The City will not pay out accrued but unused sick leave pay at the time of termination,
except in the following situation. Upon termination, employees can be compensated at
their current hourly rate for a percentage of their unused sick leave provided they meet
the following minimum qualifying criteria:
1) The employee must have at least 192 hours of accrued sick leave on the date of
termination; and
2) All service time used for the calculation must be full-time paid City service in
order to qualify.
Assuming the above criteria are met, the percentage cash -out is based on the following
schedule:
YEARS OF SERVICE
Less than four (4)
Over four (4) but less than seven (7)
Over seven (7) but less than ten (10)
Over ten (10) but less than thirteen (13)
Over thirteen (13) but less than sixteen (16)
Over sixteen (16)
PERCENTAGE OF PAYOUT
0
25%
35%
45%
55%
65%
Based on this criteria, employees will be paid for percentage of unused sick leave
accruals upon termination of employment, minus tax deductions as required by state
and federal taxing laws. Under the provisions and limitations of CalPERS contract
options Section 20965, the balance of unused sick leave may be converted to additional
service credit, for employees who retire within four months of their date of separation
from Palm Desert.
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2.52.715 Domestic Partner Benefits
The Memorandum of Understanding between the City of Palm Desert and Palm Desert
Employees Organization provides for the enrollment of registered domestic partners of
employees under the City's Health Benefits plans.
In order to qualify, a domestic partnership must be registered with the State of
California, under rules set by state law.
2.52.720 Retirement
A. Regular full-time City employees shall be included in the Public Employees'
Retirement System as required by law and the City's PERS contract. Employees
excluded from membership in the Public Employees' Retirement System shall not be
entitled to retirement benefits.
B. The City's contract with the Public Employees Retirement System shall be kept on
file at the Human Resources Department.
C. Retiree Health Care Stipend Program. The City shall maintain a retiree health care
stipend program. The guidelines of the program shall be set by resolution.
2.52.725 Health, Life and Long Term Disability Insurance
Employees of the City are eligible for group medical, dental, vision, long term disability
and life insurance for themselves and dependents as may be provided for by the City.
The guidelines of this City program have been set by resolution and will be made a part
of the City's Personnel Policies and Procedures.
2.52.730 COBRA Benefits
Eligible employees and certain of their family members have the right to continue health
care coverage, at their own expense, under the City's group health plans as provided in
the Consolidated Omnibus Budget and Reconciliation Act (COBRA) and Cal -COBRA,
provided that they elect to do so within a specified time period after one of several
"qualifying events."
The City will provide eligible employees or their families notice of the right to
continuation coverage after the following qualifying events: 1) the death of the covered
employee; 2) the covered employee's termination (other than by reason of the
employee's gross misconduct); 3) reduction in the covered employee's hours; or 4) the
covered employee's eligibility for Medicare. The employee must provide the City notice,
as soon as possible, but no later than 30 days after, any of the following qualifying
events: 1) the divorce or legal separation of the covered employee from the employee's
spouse; or 2) a dependent child ceasing to be a dependent child. In order to be eligible
for continuation of medical insurance the employee must self -pay the premiums amount
and meet all COBRA and Cal -COBRA criteria.
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2.52.735 Reimbursable Expenses
All regular full-time employees of the City shall be eligible to receive reimbursement for
the following expenses, subject to state and federal regulations and reporting
requirements, as follows:
Service Club Reimbursement
In order to promote a spirit of cooperation and understanding with citizens, and to give
key employees, as determined by the City Manager, an opportunity to share in services
to the community, the City's annual budget may include provisions for reimbursement to
selected employees for the cost of initiation fees, annual dues and related costs in local
service clubs.
Employees should submit requests for reimbursement under this provision to their
respective supervisor to be submitted to the City Manager for approval.
Travel Reimbursement Policy
All employees, who utilize personal vehicles for city business, shall be entitled to
mileage reimbursement at the rate established by the City by resolution.
Employees who travel as a result of performing their work duties are entitled to be
reimbursed for legitimate business expenses that are a result of the travel, in
accordance with the Travel Expense Guidelines adopted by Council Resolution. The
types of expenses that are reimbursable include mileage, airfare, hotel rooms, meals,
etc.
To be reimbursed for these expenses, employees must complete the City's expense
reimbursement form, including providing all receipts, have it approved by his or her
supervisor, and turned into accounting.
When an employee travels overnight, away from home, any travel time that occurs
during the employee's normal work hours is compensable work time and will be
considered hours worked, regardless of the day of the week on which the travel occurs.
2.52.740 Seminars and Work Related Training
The City of Palm Desert encourages employees to broaden their knowledge and
improve their skills in their City occupational field or area to improve their on-the-job
performance, and increase their overall value to the City by attending seminars,
conferences, training workshops and/or certificate licensing programs.
Under this program, the City will pay for the cost of these training or will reimburse
employees who pay for them ahead of time.
Reimbursement is available for regular full-time employees who are performing their job
in a satisfactory manner, and requests for reimbursement are subject to the approval of
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the department director or manager, the Director of Human Resources and the City
Manager.
Seminars, conferences, training workshops and/or certificate licensing programs
contemplated under this program are defined as courses of study that are specifically
related to the employee's presently assigned position. These trainings are generally
completed within five days and usually require attendance during regular working hours.
To qualify for payment, this type of training must be provided by or through an
educational institution, a professional society, or an approved contracting agency.
This type of training will not be eligible under this program if the knowledge can be
obtained through in-house training, or if it is oriented solely towards personal
satisfaction or enjoyment.
Employees who attend seminars or training will be compensated for hours worked when
any of the following apply (1) it is required by the City, (2) the seminar or training is
directly related to the employee's current job, (3) the employee performs productive
work during the seminar or training, or (4) the seminar or training occurs during normal
work hours, regardless of the day of the week.
Approved Educational Reimbursement Request forms should be submitted to the
Human Resources Department to make appropriate reservations and prepay seminar
costs. Reimbursable expenses include: meals, travel, mileage, hotel costs and parking
costs, with a completed Travel Expense Form submitted to the Finance Department.
The procedure for seminar or conference attendance is as follows:
1. Employee requests approval of attendance from manager or supervisor.
2. If approved by manager or supervisor, employee completes Education
Reimbursement Request form, attaches seminar information and registration form
and forwards to department director or manager for approval.
3. If approved, department director or manager will submit to Human Resources for
approval.
4. If approved by Human Resources, the request will be forwarded to the City Manager
for approval.
5. If approved by City Manager the request will be returned to Human Resources
where appropriate seminar registration and lodging reservations (if required) will be
made.
6. After all reservations/registrations are completed a copy of approved package will be
returned to employee along with information on any reservations made on behalf of
the employee. In addition, Human Resources will provide the employee with
information on reimbursable expenses (i.e., lunch, parking, etc.).
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7. After attending the seminar, the employee will provide Human Resources with any
certificate, attendance verification and/or receipts related to the seminar.
8. Human Resources will maintain copies of certificates, attendance verifications in the
employee's file and prepare a voucher for any reimbursements due the employee.
2.52.745 Certificate or Licensing Programs
The City will pay the cost for employees whose job qualifications require certification or
licensure to obtain recertification or licensure for the specific position held.
Certificate and/or Licensing programs are usually a series of courses that need to be
completed in order to obtain a document certifying that one has fulfilled the
requirements of a program.
The certificate program or a specific license or renewal of a license must be job -related
to the employees presently assigned position. "Job related" is defined as courses which
maintain or improve the employee's job performance; meets any specified education
requirements of the employer or profession licensure; or meets any requirements
necessary for the employee to retain his or her salary status, or employment.
Certificates or licenses covered under this program must be provided by or through an
educational institution, a professional society, or an approved contracting agency; must
contain sufficient content and requirements; must be the most effective means of
obtaining the knowledge; and must have a reasonable expectation of providing more
effective on-the-job service by the employee.
If the certificate or license is an ongoing requirement of the employee's job
classification, reservations and prepayment will be made by the Human Resources
Department following receipt of the approved Education Reimbursement Request form.
2.52.750 Education Reimbursement/Tuition Program
The City subscribes to and supports an educational tuition reimbursement program for
the benefit of employees who want to further their education.
Employees who, in their sole discretion, want to broaden their knowledge by pursuing
academic training and higher education on their off -duty hours may receive
reimbursement for tuition as provided herein. Under this program, reimbursement is
available for full-time regular employees who are performing their job in a satisfactory
manner.
The cost of tuition, under this program, will be reimbursed at the rate charged by the
local community college or at the rate charged by the California State System.
Requests are subject to the approval of the department manager or director, the
Director of Human Resources and the City Manager.
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Continuing Education under this program is defined as college level course work
necessary to obtain a diploma or degree. The City, at management's discretion, may
also reimburse employees for related book and parking expenses for degree programs
subject to the following criteria:
1. That a degree or certificate is sought.
2. Applicability of the degree to future positions in the organization.
3. Classes may be taken at a community college or state college. Employees may
attend private colleges and universities, but tuition reimbursement will be limited
to the rate at a public institution offering similar course work. An unusual
exception may be approved if there is not a comparable course offered at an
accredited public institution.
4. Courses may not be taken during the employee's regular working hours; unusual
exceptions require appropriate approval.
5. Completion of the course must be verified with a grade of "C" or better.
Employees who seek approval prior to course enrollment and satisfactorily complete the
course with grade of "C" or better may be eligible for reimbursement of tuition, books
and parking fees.
Grades and receipts must be submitted to the Human Resources Department no later
than ninety (90) days after completing the course work in order to be processed for
reimbursement.
The procedure for requesting reimbursement for continuing education is as follows:
1. Employee completes Education Reimbursement Request form and submits to
department director or manager for approval.
2. If approved, department director or manager will submit to Human Resources for
approval.
3. If approved by Human Resources, the request will be forwarded to the City Manager
for approval.
4. If approved by City Manager the request will be returned to Human Resources and a
copy of the approved form will be returned to the employee.
5. The employee then makes all registration arrangements and pays for tuition and
books/materials.
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6. After completing the course, the employee will provide Human Resources with grade
sheet and receipts for tuition, books and parking.
7. Human Resources will prepare a voucher for any reimbursements due the
employee.
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SECTION H: LEAVES
2.52.800 Short Term Leave
Employees who need to be absent for less than one day for personal reasons may use
short-term leave with the prior approval of the employee's supervisor. Employees who
request and are granted this leave will have to use accrued vacation hours.
2.52.805 Family Care and Medical Leave
To the extent not already provided for under current leave policies and provisions, the
City of Palm Desert will grant family care and medical leave in accordance with the
requirements of applicable state (California Family Rights Act) and federal law (Family
and Medical Leave Act) in effect at the time the leave is granted. No greater or lesser
leave benefits will be granted than those set forth in the relevant state or federal laws.
In certain situations, the federal law requires that provisions of state law apply. In any
case, employees will be eligible for the most generous benefits available under either
law.
A. Definitions
"12-Month Period" means a rolling 12-month period measured backward from the date
leave is taken and continuous with each additional leave day taken.
"Child" means a child under the age of 18 years of age, or 18 years of age or older
who is incapable of self care because of a mental or physical disability. An employee's
child is one for whom the employee has actual day-to-day responsibility for care and
includes, a biological, adopted, foster or stepchild.
A child is "incapable of self care" if he/she requires active assistance or supervision to
provide daily self care in three or more of the activities of daily living or instrumental
activities of daily living —such as, caring for grooming and hygiene, bathing, dressing
and eating, cooking, cleaning, shopping, taking public transportation, paying bills,
maintaining a residence, using telephones and directories, etc.
Health Care Provider
• A doctor of medicine or osteopathy who is authorized to practice medicine or surgery
by the State of California;
Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who directly treats
or supervises treatment of a serious health condition;
• Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to
treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by X-ray to exist) authorized to practice in California and performing
within the scope of their practice as defined under California State law;
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• Nurse practitioners and nurse -midwives and clinical social workers who are
authorized to practice under California State law and who are performing within the
scope of their practice as defined under California State law;
• Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts; and
• Any health care provider from whom an employer or group health plan's benefits
manager will accept certification of the existence of a serious health condition to
substantiate a claim for benefits.
"Leave" means leave under this policy as provided for in the FMLA and CFRA.
"Parent" means the biological parent of an employee or an individual who stands or
stood in loco parentis (in place of a parent) to an employee when the employee was a
child. This term does not include parents -in-law.
"Spouse" means a husband or wife as defined or recognized under California State
law for purposes of marriage.
"Serious health condition" means an illness, injury impairment, or physical or mental
condition that involves:
• Any injury, illness, or impairment that involves inpatient care in a hospital, hospice,
or residential medical care facility.
• A period of incapacity which is permanent or long term due to a condition for which
treatment may not be effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health
care provider.
• Any period of absence to receive multiple treatments (including any period of
recovery there from) by a health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider, either for
restorative surgery after an accident or other injury, or for a condition that would
likely result in a period of incapacity of more than three consecutive calendar days in
the absence of medical intervention or treatment.
• Any period of incapacity due to pregnancy or prenatal care.
• Continuing treatment by a health care provider which includes a period of incapacity
for three or more consecutive calendar days, requires two or more treatments (visits)
to the health care provider, or requires at least one visit to the health care provider
followed by a regimen of continuing treatment under the supervision of the health
care provider.
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A chronic condition is also covered by this policy, and is defined as a condition which:
• Requires periodic visits for treatment by a health care provider
• Continues over an extended period of time
• May cause episodic rather than a continuing period of incapacity (e.g., asthma,
diabetes, epilepsy, etc.)
B. Employee Eligibility
To be eligible for family and medical leave benefits, an employee must:
• Have worked for the City of Palm Desert for a total of at least 12 months
• Have worked at least 1,250 hours over the previous 12 months
C. Amount of Leave Available
Eligible employees may receive up to a total of 12 workweeks of unpaid leave during a
12-month period. The 12-month period begins on the date of the first absence qualifying
for leave, and rolls forward from that date. In other words, how much leave an employee
is entitled to depends on how much time they have taken during the twelve month
period prior to their request for leave.
For example, if an employee takes four weeks of leave beginning September 1, 2004,
and then takes another four weeks beginning January 1, 2005 (total eight (8) weeks),
they would only have four weeks of leave available until September 1, 2005.
D. Intermittent Leave and Minimum Duration of Leave
As required by a health care provider, employees may take family and medical leave
intermittently --which means taking leave in blocks of time, or by reducing their normal
weekly or daily work schedule. Intermittent leave can be taken in hourly increments and
will be counted toward the 12-week allotment in the increments taken (12 weeks = 480
hours).
If leave is requested for the birth, adoption or foster care placement of a child of the
employee, leave must be concluded within one year of the birth or placement of the
child. In addition, the basic minimum duration of such leave is two weeks. However, an
employee is entitled to leave for one of these purposes (e.g., bonding with a newborn)
for at least one day, but less than two weeks duration on any two occasions.
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E. Reasons for Leave
Leave may only be used for one or more of the following reasons:
• For the birth or placement of a child with the employee for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) with a serious
health condition
• To care for a newborn child (birth - 12 months of age)
• To take medical leave when the employee is unable to perform the functions of his
or her position because of a serious health condition
Pregnant employees may have the right to take a pregnancy disability leave in addition
to a family and medical leave and should review the pregnancy disability leave policy
below and notify their Supervisor or the Human Resources Department if they need
leave due to disability caused by pregnancy.
F. Spouses Both Employed by the City
In any case in which a husband and wife both employed by the City are entitled to leave,
the aggregate number of work weeks of leave to which both are entitled is limited to 12
work weeks during any 12-month period if leave is taken for the birth or placement for
adoption or foster care of the employees' child (i.e., bonding leave). This limitation does
not apply to any other type of leave under this policy.
G. Notice & Certification
An employee needing family and medical leave may be required to provide:
• 30-day advance notice when the need for the leave is foreseeable (e.g., for childbirth
or elective surgery)
• Medical certification from a health care provider (both prior to the leave and prior to
reinstatement)
• Medical re -certification, periodically as allowed by state and federal law
• Reports during the leave verifying continued need for leave, periodically as allowed
by state and federal law
Unforeseeable circumstances do not require 30 days advance notice. In such case, an
employee must give notice as soon as practical. Failure to give timely notice may affect
the ability to take leave as requested until the City can adequately cover the employee's
position with a substitute.
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When leave is needed to care for an immediate family member or the employee's own
serious health condition, and is for planned medical treatment, employees must use all
good faith efforts to schedule treatment so as not to unduly disrupt the City of Palm
Desert's operation.
H. Compensation During Leave
Family and medical leave is unpaid. However, employees are required to use any
accumulated sick leave and vacation leave, if the leave is for their own serious health
condition.
The paid leave time runs concurrently with the unpaid leave under this policy. If the
leave is due to the serious health condition of a family member the employee must use
his or her accrued vacation leave and may, but is not required to, use his/her sick pay
benefits during the leave.
Depending on individual circumstances and if available, an employee may be eligible for
short-term disability, long-term disability or workers' compensation insurance coverage
while on leave.
For example, if an employee has 10 days accrued sick leave and 10 days accrued
vacation at the time their leave begins, and the leave is for the employee's own serious
health condition, the paid accrued leaves and leave under this policy shall run
concurrently, and the first four (4) weeks of leave will be with pay and eight (8) weeks
will be without pay for a total leave of 12 weeks.
I. Benefits During Leave
The City of Palm Desert will maintain, for up to a maximum of 12 workweeks of family
and medical leave, any group health insurance coverage that was provided before the
leave on the same terms as if the employee had continued to work.
If an employee is responsible for any portion of the group health insurance premium or
for any other premium payment(s), the employee should, prior to the commencement of
leave, make arrangements with the Finance Department for the submission of such
payments.
J. Sick and Vacation Leave Accrual
Sick leave and vacation leave continue to accrue only while an employee is on paid
family leave.
K. Job Reinstatement
Upon return from family and medical leave, an employee will be reinstated to their
previous position, or to an equivalent job with equivalent pay, benefits, and other
employment terms and conditions. However, upon return from a family and medical
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leave, an employee has no greater right to reinstatement, benefits, and other conditions
of employment than if he/she had been continuously employed rather than on leave.
If an employee is returning from family and medical leave taken for his or her own
serious health condition, but the employee is unable to perform the essential functions
of his or her job because of a physical or mental disability, the City of Palm Desert will
begin an interactive process to determine whether the City can reasonably
accommodate the employee without posing an undue hardship on the City.
The City may deny reinstatement to a "key" employee (i.e., an employee who is among
the highest paid 10 percent of all employed by the City within 75 miles of the work site)
if such denial is necessary to prevent substantial and grievous economic injury to the
operations of the City, and the employee is notified of the City's intent to deny
reinstatement on such basis at the time the employer determines that such injury would
occur.
L. Unlawful Acts
It is unlawful for the City of Palm Desert to interfere with, restrain, or deny the exercise
of any right provided by state or federal family and medical leave law. It is also unlawful
for the City of Palm Desert to refuse to hire, discharge, discriminate against, or retaliate
against any individual for being involved in any proceedings related to family and
medical leave.
M. Required Forms
Employees must fill out the following applicable forms in connection with leave under this
policy:
1. "Request For Family or Medical Leave Form" prepared by the City to be eligible
for leave.
2. Medical certification --either for the employee's own serious health condition or for
the serious health condition of a child, parent or spouse;
3. Authorization for payroll deductions for benefit plan coverage continuation; and
4. Fitness -for -duty to return from leave form.
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2.52.810 Bereavement Leave
An employee is entitled to a leave of absence in the event of the death of a member of
his or her immediate family, not to exceed three (3) days per calendar year. No
deduction shall be made from the salary of such employee nor shall such leave be
deducted from leave granted by other provisions.
An employee's immediate family shall consist of the following:
• Employee's spouse, child, stepchild, parent, grandparent, grandchild, brother, sister,
mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-
law.
• Domestic partner
• Legal guardians and custodial children
Additionally, employees may utilize up to six (6) days of sick leave or vacation leave if
additional leave is needed due to the death of an immediate family member as defined
in this section.
2.52.815 Pregnancy Disability Leave
The City will grant an unpaid pregnancy disability leave for up to four months if an
employee is disabled because of pregnancy, childbirth, or a related medical condition.
Notice & Certification Requirements
Requests for pregnancy disability leave must be submitted in writing and must be
approved by the employee's supervisor or department head before the leave begins.
The request must be supported in writing by an attending physician that the employee is
disabled from working by pregnancy, childbirth or a related medical condition, and must
state the expected duration of the disability and date of return to work.
All granted leaves must be confirmed in writing, have an agreed -upon specific date of
return, and be submitted to the Director of Human Resources prior to being taken.
Requests for an extension of leave must be submitted in writing to Human Resources
prior to the agreed date of return and must be supported in writing by the statement of
the attending physician that the employee continues to be disabled by pregnancy,
childbirth, or a related medical condition. California law provides that the maximum
pregnancy disability leave right is four months.
Failure to return to work after the maximum four -month leave period causes the
employee to have no reinstatement rights.
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Compensation During Leave
Pregnancy disability leaves are without pay. However, an employee may utilize sick
leave, vacation leave, and any other accrued paid time off during the leave.
Benefits During Leave
The City will maintain, for up to a maximum of 12 work weeks, any group health
insurance coverage that was provided before the leave on the same terms as provided
to other employees who become disabled off -duty as if the employee had continued to
work, if the employee is eligible for concurrent family medical leave, and if the employee
has not already exhausted this insurance coverage benefit in the current family medical
leave eligibility period. In some instances, the City may recover premiums it paid to
maintain health coverage if an employee does not return to work following pregnancy
disability leave.
An employee on pregnancy disability leave but not receiving continued paid coverage,
may continue group health insurance coverage through the City of Palm Desert in
conjunction with COBRA guidelines by making monthly payments to the City of Palm
Desert for the amount of the relevant premium. An employee should contact their
Supervisor for further information.
Sick and Vacation Leave Accrual
Sick leave and Vacation leave cease to accrue at the later of the expiration of
Pregnancy Disability leave/family leave eligibility or when the employee exhausts
his/her vacation and sick leave balances.
Reinstatement
Upon return from an approved pregnancy leave on the original date agreed to, the
employee will be immediately reinstated to her original or an equivalent position so long
as it was not eliminated for a legitimate business reason. In the event the employee's
original position is no longer available, the employee will be assigned to an open
position that is substantially similar in job content, status, pay, promotional
opportunities, and geographic location as the employee's original position.
If upon return from a pregnancy disability leave an employee is unable to perform the
essential functions of her job because of a physical or mental disability, the City will
engage in an interactive process with the employee in order to identify a reasonable
accommodation that will not cause undue hardship.
2.52.820 Jury Duty and Court Appearances
All employees, when called to serve on a jury, shall inform their department managers
or directors and shall have time off for a period of actual service required on such jury.
Such employees shall be paid the difference between their regular salary and the
amount they receive, except travel pay, for jury duty.
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An employee who is subpoenaed to appear in court in a matter regarding an event or
transaction, which he or she perceived or investigated in the course of his or her duty,
shall be allowed to do so without loss of compensation.
An employee subpoenaed to appear in court in a matter unrelated to his or her official
capacity as an employee shall be permitted time off without pay, or if the employee
chooses, to use accrued vacation for this purpose.
2.52.825 Military Leave of Absence
The City provides military leaves of absence to employees who serve in the uniformed
services as required by the Uniformed Services Employment and Reemployment Rights
Act of 1994, 38 U.S.C. §4301 et. Seq. ("USERRA") and applicable State laws.
Notice And Certification Requirements
Whenever possible, employees should provide advance notice of their military service
obligations. This notice may be oral or in writing and may be provided by the employee
or by an officer of the military branch in which the employee is serving. Additionally, an
employee should submit copies of their military orders, training notices, or induction
information. For further information on USERRA, an employee should consult with the
Human Resources Department.
Compensation During Leave
Compensation during military leave is determined as follows:
Active Duty (military leave)
Any employee who has been employed by the City for at least one year is entitled to
paid leave for the first 30 calendar days of military leave.
Training (temporary leave)
Any employee who has been employed by the City for at least one year or has a
combination of City employment and military service for at least one year is entitled to
paid leave for the first 30 calendar days of temporary military leave.
Temporary and Military Leave in Same Fiscal Year
When an employee has already received 30 calendar days' paid leave for temporary
leave and is called to active duty in the same fiscal year, the employee will receive and
additional 30 calendar days' paid leave for the active duty leave.
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National Guard Members
An employee who is a National Guard member and is on active duty is entitled to paid
leave for the first 30 calendar days of duty, regardless of length of City employment.
Part -Time Employees
Part-time employees subject to paid leave under this section are paid on a prorated
basis, depending upon the weekly number of hours they work for the City.
Status During Leave
An employee on leave under this policy retains his or her seniority and rights and
benefits just as if he or she had remained continuously employed by the City. A
probationary employee who reinstates with the City after military service is completed
resumes his or her probationary period where it left off prior to the leave.
Benefits During Leave
The City will maintain the employee's group health insurance coverage for at least 12
work weeks if such insurance was provided before the leave was taken and on the
same terms as if the employee had continued to work.
Sick, Vacation and Holiday Leave Accrual/Privileges
Sick, vacation and holiday leave accrual are determined as follows:
Active Duty (military leave)
An employee on military leave does not accrue sick, vacation or holiday
leave/privileges.
Training (temporary military leave)
An employee on temporary military leave who has at least one year of City employment
or at least one year of combined City employment and military service continues to
accrue sick, vacation and holiday leave/privileges for up to a maximum of 180 calendar
days while on leave.
National Guard Members
A National Guard member on military leave is entitled to accrue vacation and holiday
leave/privileges but not sick leave for the first 30 calendar days of leave, regardless of
length of City employment. A National Guard member on temporary military leave does
not accrue sick, vacation or holiday leave/privileges while on leave unless the employee
has at least one year of City employment or one year of a combination of City
employment and military service.
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Reinstatement
The City will reinstate an employee returning from leave under this policy immediately
upon the employee's request for reinstatement. If the employee's position has been
abolished or has otherwise ceased to exist, the employee shall be reinstated to a
position of like seniority, status and pay if such a position exists, or to a comparable
position for which he or she is qualified.
An employee seeking reinstatement after a war or national emergency must request
reinstatement within 6 months of completing his or her service, but no later than 6
months after the completion of the war or national emergency. An employee who does
not request reinstatement within 12 months after the first date that he or she could
terminate active service may be denied reinstatement.
An employee seeking reinstatement after leave not related to a war or national
emergency, whose leave is less than 31 days, must report to work no later than the
beginning of the first full regularly scheduled work period on the first full calendar day
following completion of military service. If the employee's leave was more than 30 days
but less than 181 days, the employee must submit an application for reemployment to
the City no later than 14 days after the completion of military service. If the leave is
more than 180 days, such an application must be submitted within 90 days of the
completion of military service.
The City may refuse to reinstate an employee returning from leave under this policy if:
(1) the City's circumstances have so changed that reinstatement is impossible or
unreasonable, (2) reinstatement would pose an undue hardship for the City, or (3) the
position the employee left was nonrecurring, and there was no expectation of its
continuing.
Retirement Plan Contributions
When the City reemploys an employee returning from leave under this policy, the City
will contribute the same amount to the employee's PERS retirement plan, if applicable,
as it would have had the employee not left. An employee who is a PERS member is
permitted to spread out any owed contributions for a period of up to 3 times the length
of his or her military leave, but for no more than 5 years.
2.52.830 Workers' Compensation Disability Leave
The City will grant a workers' compensation disability leave to employees with
occupational illnesses or injuries in accordance with state law. As an alternative, the
City will try to reasonably accommodate such employees with modified work when
appropriate. Please refer to Section 2.52.555, B Worker's Compensation.
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2.52.835 Leave of Absence
The City Manager may grant leave of absence to any employee who requests it. The
City Manager has discretion to grant or deny this leave depending on the requesting
employees' circumstances and on the purpose for which the leave is requested.
The employee must first receive approval from his or her department manager and/or
director and must then submit a written request to the City Manager. The City Manager
may grant an employee this leave for a period not to exceed six months.
Employees granted this leave will be required to use their sick and vacation accruals
until exhausted during this period.
Benefits During Leave: During such leave, vacation, sick leave and holiday credits will
not be accrued and the employee will be excluded from all other compensation and
fringe benefits, except as otherwise required by law.
Upon the employee's return to work, benefits will resume accruing in accordance with
the specific requirements of each benefit.
2.52.840 School Related Leaves
An employee who is a parent, guardian or grandparent with custody of a child in
kindergarten or grades 1-12, inclusive, may request to take unpaid time off to visit the
school of the employee's child for a school activity.
Time Off For Parents' School Activities
If employee is a parent, guardian or grandparent with custody of a child in a licensed
day care facility, or kindergarten or grades 1-12, inclusive, and wishes to take unpaid
time off to participate in the activities of the child's licensed day care facility or school,
the employee may take off up to eight hours each calendar month (up to a maximum of
40 hours each school year), provided that employee gives reasonable notice to the City
of their planned absence.
School Leave (Suspension)
If a school directs an employee who is the parent or guardian of a child who has been
suspended from school to attend the child's school, the employee should alert his or her
supervisor as soon as possible. Such time off is unpaid, however an employee may
utilize their existing accrued vacation time or floating holiday.
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School Activities
An employee may take off up to eight hours each calendar month (up to a maximum of
40 hours each school year), provided that employee give reasonable notice to the City
of their planned absence. An employee may utilize his or her existing accrued vacation
time or other accrued paid time off. The City requires documentation from the school or
licensed day care facility as proof that the employee participated in the school or
licensed day care activities on a specific date and time.
If both parents of a child work for the City, only one parent —the first to provide notice —
may take the time off, unless the City approves both parents taking time off.
2.52.845 Adult Literacy Leave
The City will make reasonable accommodations for any employee who reveals a
literacy problem and requests that the City assist him or her in enrolling in an adult
literacy program, unless undue hardship to the City would result.
The City will also assist employees who wish to seek literacy education training by
providing employees with the location of local literacy programs.
While the City generally encourages employees to improve their literacy skills, the City
will not reimburse employees for the costs incurred in attending a literacy program. Non-
exempt employees may use vacation pay to make up for absences from work to attend
literacy classes. Time off to attend classes is unpaid.
The City will take reasonable steps to safeguard the privacy of any employee who
identifies himself or herself as an individual with a literacy problem. An employee who
wishes to identify him/herself as such an individual can contact the Director of Human
Resources directly. Further, individuals who are performing satisfactorily will not be
subject to termination of employment or retaliation because they have disclosed literacy
problems.
2.52.850 Volunteer Firefighters, Emergency Rescue Personnel, and Reserve
Peace Officers Leaves
The City will not discriminate or retaliate against or discharge any employee for taking
time off to perform emergency duty as a volunteer firefighter, reserve officer, or other
emergency rescue personnel.
An employee anticipating the need for such leave shall alert his or her supervisor so
that he or she may be aware of the fact that an employee may have to take time off for
emergency duty. If advance notice is not possible, the employee must notify his or her
supervisor as soon as possible. Employees may be required to submit to the City proof
of the emergency duties performed. Time off for such duty is unpaid.
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If the employee provides emergency medical or safety services for the City, the City is
not required to permit the employee's leave under this section if doing so would hinder
the availability of the employee's services to the City at a time of need.
Volunteer firefighters are permitted to take leaves of absence not to exceed an
aggregate of 14 days per calendar year, for the purpose of engaging in fire or law
enforcement training. These leaves are unpaid.
2.52.855 Time Off to Vote
The City encourages its employees to participate in the election of government leaders.
Therefore, if an employee does not have sufficient time outside their regular work hours
to vote, adequate time off may be allowed at the beginning or end of the workday to
exercise this right.
If possible, employees should make their requests at least forty-eight (48) hours in
advance of Election Day. The employee may wish to inquire of their Registrar of Voters
about the possibility of voting by absentee ballot. Every effort should be made to vote
either before or after the employee's normal workday.
2.52.860 Time Off for Victims of Violent Crimes or Domestic Abuse
The City will not discriminate or retaliate against or discharge employees who are
victims of crime or domestic violence if they take time off to appear in court to comply
with a subpoena or other court order as a witness in any judicial proceeding, to seek
medical or psychological assistance or to participate in safety planning to protect
against further assaults.
Affected employees must give the City reasonable notice that they are required to be
absent for a purpose stated above, except for unscheduled or emergency court
appearances or other emergency circumstances. In such a case, the City will take no
disciplinary action against affected employees if, within a reasonable time after the
appearance, they provide the City with documentary evidence that their absence was
required for any of the above reasons. To the extent allowed by law, the City will
maintain the confidentiality of an employee requesting leave under this section. Leave
under this section is unpaid unless employees use accrued time off.
2.52.865 Unapproved Leave -AWOL
Any absence from work without approved leave shall be grounds for disciplinary action,
including but not limited to, termination of employment.
The fact that an employee has vacation or sick leave accrued does not preauthorize him
or her for leave from work. All leaves must be approved by the employee's supervisor,
department manager or director prior to the actual leave time, except in extenuating
circumstances beyond the employee's control.
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If an employee remains Absent Without Leave for more than three workdays, the City
will consider such action a voluntary resignation and may terminate their employment,
pursuant to Sections 2.52.900, 2.52.905, 2.52.910, 2.52.915, 2.52.920 and 2.52.925.
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SECTION I: DISCIPLINARY ACTIONS
2.52.900 Disciplinary Action
As part of the City's personnel ordinance and rules, disciplinary action may be taken
against any regular, acting, temporary, seasonal, part-time, probationary, or contract
employee.
Employees who are not designated "at will" have the right to contest, rebut or appeal
personnel actions involving suspension, demotion, reduction in pay, or discharge from
employment as provided by Section 2.52.925 of this Ordinance or in the City's
Personnel Rules.
Employees who are designated "at -will" by City policy, document, resolution or
ordinance, can be terminated at -will as they have no rights to any of the disciplinary
procedures described in this Ordinance or in the City's Personnel Rules.
2.52.905 Causes for Discipline
Employees may be disciplined for conduct involving any of the following :
Misconduct, Incompetence, Inefficiency,
Negligence, Dishonesty, Violating the Public
City or Departmental Rules and Regulations.
Exempt Employees:
Excessive tardiness and/or Absence,
Trust, and/or Failure to observe written
Notwithstanding any provision in this ordinance regarding disciplinary action, any
regular or acting employee who is exempt from the provisions of the Fair Labor
Standards Act (FLSA) is not subject to any form of disciplinary penalty which would
violate his or her FLSA overtime -exempt status.
2.52.910 Administrative Leave Pending Disciplinary Investigation
A department director or manager, after consulting with the Human Resources Director
and the City Manager, may immediately place an employee on an administrative leave
with pay.
Administrative leave with pay is authorized when the City Manager believes that the
employee's continued presence at the work site could have detrimental consequences.
Administrative leave with pay is also authorized, pending investigation into charges of
misconduct.
If the charges against the employee are substantiated by the investigation, appropriate
disciplinary action may be taken in accordance with the procedures set forth in this
section.
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2.52.915 Types of Discipline
A. Admonishment or Reprimand. Admonishment and reprimand represent the
two mildest forms of disciplinary action and neither type results in the loss of pay
for the employee. Based upon reasonable justification, the immediate supervisor
may admonish or reprimand an employee orally or in writing, which constitutes
only a warning to the employee that he is not satisfactorily fulfilling the duties and
responsibilities of his position. If the admonishment or reprimand is written, a
copy will be sent to the city manager, and it shall become part of the employee's
permanent record, and the employee may, within thirty days of receipt of the
written reprimand, respond in writing to the city manager to the charges made.
The city manager shall review the written reprimand and response and may
sustain the employee's position. If the employee's position is sustained, the
written reprimand and the employee's written response shall be purged from the
employee's permanent record. If the employee's position is not sustained, the
employee's written response shall become part of the employee's permanent
record.
B. Suspension, Demotion, Reduction in Pay or Discharge. The city manager,
assistant city manager or other employee's department head may be suspended,
demote, reduce in pay or discharge an employee from his position for cause. An
employee subject to such disciplinary action shall be entitled to the prior written
notice of the proposed action pursuant to Section 2.52.925 subject to the
exceptions set forth in Section 2.52.925. The employee shall be entitled to
respond orally or in writing, to the proposed disciplinary action and shall be
entitled to a pre -disciplinary review pursuant to Section 2.52.925. No employee
shall be penalized by suspension for more than twenty working days in any fiscal
year for disciplinary reasons. An employee whose ability to perform his required
duties falls below standard, or for disciplinary purposes, may be demoted or be
subject to reduction in pay. No employee shall be demoted to a position for which
he does not possess the minimum qualifications.
2.52.925 Skelly Hearing Due Process for Disciplinary Actions
As disciplinary personnel actions may result in a significant impact on an employees'
job, it is the policy of the City of Palm Desert to provide an administrative Skelly Hearing
to allow subject employees a meaningful opportunity to contest, rebut, or appeal
personnel actions described in subsection (a) of this section that they do not agree with.
The procedure established for this purposes is described in the following provisions.
A. Disciplinary Action Subject to Skelly Procedure
Disciplinary actions that may be contested, rebutted or appealed under this process are:
suspensions, demotions, reduction in pay and dismissals from employment.
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Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a
regular or acting employee for disciplinary purposes, management and subject
employee shall comply with the procedure set forth in this Section.
B. Administrative Suspensions With Pay
Pending investigation of an accusation against an employee, the City Manager may
approve the temporary suspension of an employee with pay, pending the undertaking or
completion of an investigation or opportunity to respond as may be required to
determine if any disciplinary action shall be taken.
C. Skelly Procedure / Due Process:
1. Written Notice:
The Department Head, with the assistance of the Director of Human Resources,
shall give the employee a written notice of the proposed or intended disciplinary
action at least ten (10) working days prior to the effective date.
The written notice shall be personally delivered to the employee or sent by
certified mail to the employee's last known address.
The notice should include the following information:
a. A description of the proposed action to be taken and its proposed effective
date or dates;
b. The specific charges alleged, including the grounds and particular facts upon
which the action is proposed to be taken;
c. A copy of the written materials alleged to support the proposed action;
d. A statement advising the employee of the right to respond, orally or in writing,
within ten (10) working days of receipt of the notice; and
e. A statement that failure to timely respond constitutes a waiver of the right to
respond prior to the imposition of discipline.
2. Employee Review and Response:
The employee shall be given an opportunity to review the documents or materials
upon which the proposed disciplinary action is based.
D. Appeal to the City Manager:
An employee may appeal proposed disciplinary action and which involves a
suspension, demotion, reduction in pay, or termination by delivering a written answer to
the charges and a request for appeal to the City Manager.
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The written answer and request for appeal must be received no later than 10 working
days from receipt of the Skelly notice.
1. Dates and Time of the Hearing:
The City Manager shall set a date for an appeal hearing within a reasonable time after
receipt of a timely written answer and request for appeal, but in no case no later than 15
days after receipt of the request for appeal.
An employee who, having filed a timely written answer and request for appeal, and who
has been notified of the time and place of the appeal hearing, and who fails to appear
personally at the hearing, may be deemed to have abandoned his or her appeal. In this
case, the City Manager may dismiss the appeal and sustain the decision of the Director
of Human Resources.
2. Continuances:
The City Manager may continue a scheduled hearing upon a showing of good cause
and upon payment of any cancellation fees waived.
3. Conduct of the Appeal Hearing:
a. The City Manager may establish any administrative procedures he or she
deems necessary to carry out the intent of this procedure and to assure a
uniform and well -understood process.
b. Record of the Proceedings:
All disciplinary hearings may, at the discretion of the City Manager, be
either recorded by a court reporter or tape-recorded. Any party who
requests a transcript of the proceedings must pay for his or her own copy
of a transcript.
C. Conduct of the Hearing:
The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses, but shall be conducted in a manner
the City Manager decides is the most conducive to determining the matter.
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d. Presentation of the Case:
The parties will address their remarks, evidence, and presentations, to the
City Manager.
If the City Manager conducts further investigation, or reviews additional
evidence not provided to the pre -disciplinary review officer and the
employee, they shall be given an opportunity to respond to the additional
information before the City Manager reaches a decision.
e. Written Findings and Decision:
The City Manager shall notify the employee in writing of his final
determination within ten (10) working days of the employee's hearing.
The City Manager may affirm, , modify or revoke the discipline imposed.
The City Manager's decision shall be final and conclusive in the absence
of a timely petition to arbitrate initiated by a qualified employee in the time
and manner as provided in Section 2.52.1000.
A decision not to impose any disciplinary action should be accompanied
by a directive from the City Manager to delete all references to the
pending action from the employee's personnel file(s).
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SECTION J: GRIEVANCES
2.52.1000 Grievances
The City of Palm Desert has an employee grievance policy and procedure for
employees to utilize to raise a work -related concern they believe is not being addressed
or a policy they believe is not interpreted correctly and is adversely affecting them
individually or as a group.
A. Definition of a Grievance
A 'grievance' is a job -related complaint or concern, activity or action by an employee
regarding a change in the terms and conditions of employment which arise out of a
specific fact, situation or transaction, other than discipline, that results in an alleged
inequity or damage to the employee.
An employee may file grievances pursuant to Section 2.52.1000 of these rules when the
employee believes that a violation of these Rules has occurred. A grievance procedure
cannot be utilized to challenge or appeal any disciplinary measures.
B. Eligibility to File a Grievance
A grievant is a regular or acting employee who is personally affected by an act or
omission that occurred no more than 14 days prior to the reporting of the grievance,
provided that the act or omission comes within the definition of `grievance' as described
herein.
C. Matters Not Subject to Grievance Procedures
The following matters or subject areas are not subject to the grievance procedures:
1. Employee discipline (Subject to appeal under section 2.52.915 and 2.52.925)
2. Employee performance evaluations
3. Management of the City generally and issues of City or Department policy
4. Necessity and organization of any service or activity conducted by the City
including the expansion or reduction of services or workforces
5. Determination of the nature, manner, means, technology, and extent of
services to be provided to the public
6. Methods of financing
7. Types of equipment or technology to be used
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8. Determination of and/or change in facilities, methods, technology, means and
size of the work force by which City operations are to be conducted
9. Determination of and change in the location, number of locations, relocations
and types of operations, processes and materials to be used in carrying out
City functions
10. Work assignments, reassignments to other stations, and schedules in
accordance with needs and requirements as determined by Management
11. Establishment, implementation, and modification of productivity and
performance programs and standards
12. Reductions in force or layoffs for lack of work or other non -disciplinary
reasons
13. Establishment and approved modification of job classifications or
reclassifications
14. Determination of standards, policies, and procedures for selection, training,
and promotion of employees
15. Establishment, implementation, and modification of departmental
organizations, supervisory assignments, chains of command, reporting
responsibilities and transfers of employees to other department or offices
16. Levels of compensation pay and benefits based upon budgetary and fiscal
considerations
D. Procedure
The City's grievance processes and procedures consist of the following steps:
Informal Resolution
It is the responsibility of employees who believe they have a bona fide complaint or
grievance concerning their terms or conditions of employment to promptly inform and
discuss it with their immediate supervisor as designated by the Department Director or
his designee in order to, in good faith, endeavor to resolve the matter expeditiously and
informally at the employee -supervisor level.
If such informal discussion does not resolve the problem to the employee's satisfaction,
and, if the complaint constitutes a grievance as herein defined, the employee may file a
formal grievance in accordance with the following procedure.
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Step I (Immediate Supervisor)
The employee shall reduce his/her grievance to writing by signing and completing all
parts of the grievance form provided by the City, and submits it to his/her immediate
supervisor within ten (10) calendar days of the initial commencement of the occurrence
being grieved.
The written grievance shall identify:
a) the specific rule, ordinance or regulation violated, misinterpreted, or misapplied;
b) specific act or omission which gave rise to the alleged violation, misinterpretation,
misapplication;
c) the date or dates on which the violation, misinterpretation, or misapplication
allegedly occurred;
d) the documents, witnesses or other evidence that support the grievance; and
e) the desired solution or remedy.
The grievant shall provide a copy of the written grievance to his or her immediate
supervisor. No grievance shall be accepted for processing until all of the information
listed above is provided.
The supervisor shall further consider and discuss the grievance with the grievant and
the grievant's designated representative as he/she deems appropriate, and shall within
ten (10) calendar days of having the written grievance, submit his/her response thereto
in writing to the grievant.
Step II (Department Director)
If the written response of the immediate supervisor does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing the City
form and presenting it to his/her Department Director within five (5) calendar days of the
grievant's receipt of the supervisor's response.
Within ten (10) calendar days of having received the Step II form, the Department
Director shall set a meeting with the grievant, the grievant's designated representative
and such other personnel as he/she deems appropriate to investigate and consider the
grievance.
Within ten (10) calendar days of the meeting, the second level of review shall submit his
response to the grievance to the grievant and the grievant's representative, if any.
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Step III (Division Assistant Citv Manager
If the written response of the department director does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing the City
form and presenting it to his/her division assistant city manager within five (5) calendar
days of the grievant's receipt of the department director's response.
Within ten (10) calendar days of having received the Step II form, the Assistant City
Manager shall set a meeting with the grievant, the grievant's designated representative
and such other personnel as he/she deems appropriate to investigate and consider the
grievance.
Within ten (10) calendar days of the meeting, the second level of review shall submit his
response to the grievance to the grievant and the grievant's representative, if any.
Stet) IV (City Manager's Office
If the response to the second level of review does not result in resolution of the
grievance, the grievant may appeal the grievance by signing and completing the City
form and presenting it to the third level of review (designated representative of the City
Manager's Office) within five (5) calendar days of the grievant's receipt of the Step II
response.
Within ten (10) calendar days of having received the Step III form, the City Manager or
his/her designated representative shall set a meeting with the grievant, the grievant's
designated representative and such other personnel as he/she deems appropriate, to
consider the grievance.
Within ten (10) calendar days of the meeting, the third level of review shall submit
his/her response to the grievant and the grievant's representative, if any.
The City Manager may delegate a non-involved Department Manager to act on behalf of
the City Manager to render decisions and judgment in these processes. The findings
and recommendations they render will be advisory to the City Manager whose ultimate
decision will be final.
Step V (Advisory Arbitration)
If the response of the third level of review does not result in resolution of the grievance,
the grievant may appeal the grievance to the City Manager within five (5) calendar days
of the grievant's receipt of the Step III response.
The parties, or their designated representatives, shall agree on an arbitrator, and if they
are unable to agree on an arbitrator within a reasonable time, either party may request
the State Conciliation Service to submit to them a list of seven (7) arbitrators who have
had experience in the municipal sector. The parties shall select the arbitrator by
alternately striking names from said list until one name remains. Such person shall then
become the arbitrator.
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The arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and at a place convenient to the parties, and shall be bound by the following:
a) The arbitrator shall be bound by the language of the MOU and the City and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.
b) The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.
c) The arbitrator shall be bound by applicable Federal, State, and City law.
d) The arbitrator may not recommend changes in established wages or benefits,
nor recommend the payment of back wages or benefits to a date prior to ten
(10) days before the grievance was timely filed.
The arbitrator shall submit findings and advisory recommendations to the grievant and
the City Manager.
The City Manager, within ten (10) calendar days of the receipt of the written findings
and recommendations, shall make the final determination of the grievance and submit it
in writing to the grievant and his/her designated representative.
The cost of the arbitrator and other mutually incurred costs shall be borne equally by the
parties, unless the City agrees to pay the total costs.
Time Limits
If the City Manager or his/her representatives fail to comply with the time limits specified
in Section D of this procedure the grievant shall be entitled to appeal to the next level of
review.
Also, failure of the grievant to comply with said time limits shall constitute abandonment
of the grievance, except however, that the parties may extend time limits by mutual
written agreement in advance.
Freedom from Retaliation or Reprisal
No employee shall be subject to coercion, disciplinary action, or retaliation for
discussing a request or complaint with his or her immediate supervisor, or for filing a
grievance petition [See Section 2.52.525 Policy Against Retaliation].
Resolution
Any grievance not appealed to the next step in the grievance procedure within the
stated time limit shall be considered settled.
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Withdrawal
Any grievance petition may be withdrawn by the grievant at any time, without prejudice.
Resubmission
Upon consent of the person hearing the grievance petition and the grievant, a grievance
may be resubmitted to a lower step in the grievance procedure for reconsideration_
Employee Representation
An employee may have representation in the preparation and presentation of the
grievance at any step in the grievance procedure, except that no supervisor or
Department Manager shall be represented by an employee who he or she may
supervise and no employee shall be represented by a supervisor or Department
Manager.
At least 24 hours prior to any meeting convened under the grievance procedure, the
employee must notify the City that he or she plans to bring a representative to the
meeting, and who the representative will be.
The grievant employee(s) and one employee representative are entitled to be released
from work for a reasonable period of time in order to present the grievance.
Legitimate Orders
If an employee is given a legitimate order that he or she wishes to grieve, the employee
must first comply with the order and file a grievance later unless the assignment
endangers the health or safety of the employee or others, or if the requested
assignment violates the employee's constitutional rights.
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SECTION K: PERSONNEL FILES
2.52.1100 Central Personnel Files
A. Central Personnel Files
The Department of Human Resources will maintain a central personnel file for each City
employee indicating the employee's name, title of position, the department assigned,
salary, changes in employment status, performance evaluations, disciplinary documents
and such other information as may be considered pertinent by the Director of Human
Resources.
Personnel files shall be kept in locked files located in the Human Resources
Department.
B. Disciplinary Actions
Copies of documents concerning disciplinary actions taken by a supervisor or
Department Manager must be placed in the employee's central Personnel File. There
will be no disclosures of this information to third parties except as authorized by State or
Federal law, as required by court order, or as duly authorized in writing by the
employee.
C. Medical Information
All employee or applicant medical information will be kept in separate, confidential files
located in the Human Resources Division and in compliance with the Americans with
Disabilities Act and the California Confidentiality of Medical Information Act.
"Medical information" means any information that identifies the employee or applicant
and pertains to his or her medical history, mental or physical condition, or treatment.
The City will not obtain employee or applicant medical information without prior written
authorization from the employee or applicant who is the subject of the information.
The City will not disclose employee or applicant medical information without prior written
authorization from the employee or applicant who is the subject of the information,
unless the City is required to make such disclosure pursuant to the requirements of the
California Confidentiality of Medical Information Act, in which case it may make the
disclosure without employee or applicant authorization.
In any case, the City will release only the specific medical information that is identified in
the employee or applicant's authorization or that is specifically required for compliance
with the Confidentiality of Medical Information Act.
Access to employee or applicant medical information shall be strictly limited to only
those with a legitimate need to have such information for City business reasons.
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In the case of an employee with a disability, managers and supervisors may be
informed regarding necessary restrictions on the work or duties of the employee and
necessary accommodations.
D. Payroll Files
The Finance Department will maintain a file for each City employee showing the name,
title of position, the department assigned, salary, change in employment status, W-4
forms, payroll deductions, and such other information as may be considered pertinent
by the Finance Director.
There will be no disclosures of this information to third parties except as authorized by
State and Federal law, as required by court order, or as duly authorized in writing by the
employee to third parties.
E. Employee Access to Documents in Personnel Files
An employee shall be provided a copy of any documents placed in his or her personnel
file(s), and may review his or her file on request.
Upon request, an employee may place documents in his or her personnel file that
commend his or her job performance with the City or demonstrates educational
attainment.
Disciplinary documents shall be placed in personnel files in accordance with applicable
City policies.
Employees may be required to pay a reasonable fee for copies of their payroll and/or
personnel file documents.
F. Access to Files
No person other than the employee, City Manager, City Attorney, the City's Legal
Counsel, Human Resources, the employee's hiring department manager, or their
immediate supervisor shall have access to an employee's central or department
personnel file without prior written consent from the employee.
No person other than the Finance Director, Assistant Finance Director, payroll division
staff, City Manager, City Attorney, or the Director of Human Resources shall have
access to an employee's payroll file.
G. Disclosure of Information
Upon request, the City may disclose information to the public regarding the City's
employees as required by state or federal law. The City will not disclose information
that it believes, in its discretion, would violate employee privacy.
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Unless required by state or federal law, or by court order, no information contained in an
employee personnel file shall be disclosed concerning any current or former City
employee other than the employee's job title, inclusive dates of employment, work
location, salary, and departmental assignment, to any third party without the employee
or former employee's written consent specifically identifying the information to be
released. Only the Human Resources Department may release information under this
policy.
H. Changes in Status
It is the employee's responsibility to notify the Human Resources Department of any
changes in his or her address, phone number, marital status, dependent status, name
change, training certificates, or other pertinent information.
1. Application Retention
Applications submitted by candidates for city employment become the property of the
City and must be retained for at least three years.
J. Destruction of Personnel Records
Personnel records, including employment applications, shall be destroyed only in
accordance with the provisions of the City's system for the destruction of public records
and then in accordance with applicable state and federal law.
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