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HomeMy WebLinkAboutOrd 1072 - New Personnel OrdinanceCITY OF PALM DESERT COMMUNITY SERVICES/ASSISTANT CITY MANAGER STAFF REPORT REQUEST: Consideration of an Ordinance Creating a New Personnel Ordinance for the City of Palm Desert DATE: July 8, 2004 CONTENTS: Ordinance Summary of Changes to Personnel Ordinance Memo dated June 30, 2004, from the PDEO Board of Directors SUBMITTED BY: Sheila R. Gilligan, Assistant City Manager for Community Services Recommendation: Waive further reading and pass to second reading, with the understanding that "Meet and Confer" sessions will be held with the Palm Desert Employees Organization during July and prior to second reading at the regular City Council Meeting of August 26, 2004. Executive Summary: The original Personnel Ordinance (No. 176) was adopted in 1978. It was repealed and replaced in 1997 by Ordinance No. 855. No further revisions or updates have occurred since that time. Background: The Executive Management team has been working for more than two years on the re -write of this Ordinance to bring it into compliance with Federal and State law as well as precedent set by court cases. During this process, both Littler Mendelson and Liebert & Cassidy reviewed the document to make sure it was inclusive of existing law. Attached to this staff report is a synopsis of the various sections that have been modified or rewritten. The City Manager's Office presented this amendment to the PDEO Board on March 12, 2004. Continuances have subsequently been granted to provide the organization an opportunity to fully review the document. 1 Consideration of an Ordinance Creating a New Personnel Ordinance for the City of Palm Desert July 8, 2004 Page Two In addition, it has been placed on the City's Intranet so that all employees, whether represented by the PDEO or not, have an opportunity to review it by the June 30, 2004, deadline. The PDEO Board has requested an additional extension of time for review. 1 have attached a copy of their memorandum for your information. Staff recommends that the City Council introduce this Ordinance at the July 8, 2004, meeting. The second reading of the Ordinance would occur August 26, 2004, which leaves an almost two -month period of time to complete the meet and confer process. Any proposed amendments which result from those meetings would then be presented to the City Council at the August 26, 2004, meeting. If substantive, the Council will be asked to reintroduce the Ordinance which would take it to the first meeting in September for adoption. It is imperative that the City bring this Ordinance into compliance with existing law. We believe the proposal stated above allows us to continue on a reasonable timetable to accomplish this by early fall. tl,d By: HEILA R. GILLIGA Assistant City Manager for CrarKunity Services Approval: CARLOS L. OR PAUL GIBSON City Manager Finance Director 0:107K AKeren RutsolAgerde AbnstPorso nay Ordinentesvpd 2 SUMMARY OF CHANGES TO PERSONNEL ORDINANCE SECTION A: GOVERNING PROVISIONS SECTION B: RECRUITMENT & SELECTION SECTION C: TYPES OF EMPLOYMENT SECTION D: COMPENSATION SECTION E: WORKPLACE POLICIES SECTION F: HOURS OF WORK SECTION G: BENEFITS SECTION H: LEAVES SECTION I: DISCIPLINARY ACTIONS SECTION J: GRIEVANCES SECTION K: PERSONNEL FILES SECTION A: GOVERNING PROVISIONS 2.52.100 Authority [New] This section contains a brief purpose statement for the Personnel Ordinance. 2.52.105 Administrative Rulemaking Authority [New] Outlines when, how and who can change these rules. 2.52.110 EERO Employer -Employee Relation organization [New] Acknowledges sections 2.53.010 — 2.53.220 of the Municipal Code as the ruling body for the City's employer -employee relations. SECTION B: RECRUITMENT & SELECTION 2.52.200 Equal Opportunity [New] Prohibits harassment, discriminate and retaliation in accordance with state & federal law. 2.52.205 Recruitment Notices — Applications Requirements [ Formerly 2.52.020] Language was added to more accurately state the recruitment/application process as it is today. 2.52.210 Examinations [Formerly 2.52.030] Language was added to more accurately state the examination process as it is today and to include all classifications protected by current state law. 2.52.215 Selection Requirement [Formerly 2.52.010] Language was added outlining the process for selecting the candidate and making the job offer. 2.52.220 Veteran's Point System [New] This section was added to comply with state and federal law SECTION C: TYPES OF EMPLOYMENT 2.52.300 Types of Appointments [Formerly 2.52.050] Language added to clearly define hours worked requirements for full-time and part-time employees 2.52.305 Definition of Employment Types [Formerly 2.52.060] B: Acting Employees: Language added to clarify the 'at -will' status of acting positions. C: Temporary Employees: language was added clearly stating the maximum number of hours to be worked. E: Introductory Employees: formerly known as Probationary Employees, the name has been changed to Introductory Employees. Language has also been added to state how evaluation(s) are currently being conducted during this period. F: Probation Period for Promoted Regular Employees: Shortens the length of the period to 3 months from the previous 6 months. Adds language concerning rights for a regular employee to be reinstated in their former position, if it is available, and they are not able to satisfactorily perform the new job duties. Also allows for an employee to be discharged if they are unable to perform the new job duties and their former position is not available. SECTION D: COMPENSATION 2.52.400 Basic Compensation Plan [Formerly 2.52.040] Sentence added to explaining where to obtain the salary table. 2.52.415 Personnel Dates Defined [Formerly 2.52.080] C. Step Increase Eligibility Date: Language was added to require satisfactory performance in order to obtain a step increase. Also changes former language of using 'merit increase' to describe this step increase 2.52.425 Advancement in Salary [Formerly 2.52.100] Changed 'merit' increase to 'step' increase where appropriate. 2.52.435 Reduction in Salary [Formerly 2.52.110] Language was added outlining the notification process and also to allow for reinstatement to prior salary levels if/when appropriate. 2.52.440 Layoff [Formerly 2.52.130] Language was added to clearly state that seniority within the classification shall determine the order of layoff. 2.52.450 Step Increase Eligibility [Formerly 2.52.150] Merit Increase is replaced with 'step' increase. Language was added to clarify that advancements within the salary scheduled are dependent on satisfactory performance. Also language was added so in the event of a range change and reclassification, the step increase eligibility date will change to the anniversary of the reclassification date. 2.52.455 Change of Status for Department Directors [Formerly 2.52.160] Language was added to clearly state that the CM must approve change of status for ACM's, Department Director or Managers. SECTION E: WORKPLACE POLICIES 2.52.500 American with Disabilities Act Policy & Procedure [New] Added to comply with applicable laws. 2.52.505 Employee Responsibilities and Standards of Conduct [Formerly 2.52.570] Language was added to outline the appropriate employee conduct and to clearly state that failure to adhere to these standards may subject an employee to disciplinary action, up to and including termination. Also added language to the Prohibited Conduct section reiterating the City's Zero Tolerance policies and outlining prohibited conduct. A section was also added obligating employees to report misconduct that they that are subjected to or witness. 2.52.510 Policy Against Harassment, Discrimination and Retaliation [Formerly Resolution No. 97-89] This policy was revised to bring it into compliance with current state and federal regulations. 2.52.515 Policy Again Violence in the Workplace [Formerly Resolution No. 97-89] This policy was revised to bring it into compliance with current state and federal regulations. 2.52.520 Policy Against Substance Abuse [Formerly Resolution No. 97-89] This policy was revised to bring it into compliance with current state and federal regulations. 2.52.525 Anti -retaliation Policy [New] This policy is in compliance with current state and federal regulations. 2.52.530 Attendance Policy [New] This policy clearly states expectations for both employees and supervisors. 2.52.535 Anti -Nepotism Policy [New] This policy does not prevent the hiring of relative, but does restrict relatives from being in a direct reporting relationship to each other, either through the hiring process or through promotion or transfer. Cases can be examined on a case -by -case basis to determine if there is conflict of interest or any potentially adverse impact on supervision, safety, security, or employee morale. 2.52.450 Outside Employment Policy [New] This policy establishes guidelines for outside employment or activities. 2.52.550 Dress and Personal Appearance Policy [New] . Policy outlines the minimum acceptable levels for an employees dress, grooming and personal hygiene. 2.52.555 Electronic Mail/Internet Policy [New] Policy outlines the uses and restrictions of these City resources. 2.52.560 Safety Policy [New] This policy contains the Injury & Illness Prevention Program; Blood and Bodily Fluids Exposure; Licensed Equipment Operators; Security and Loss Prevention; Driver Authorization and Performance; Worker's Compensation; and Temporary Modified Duty Policy. These policies are currently in place and are now being incorporated into the Personnel Ordinance. 2.52.570 Residency Requirements [Formerly 2.52.445] Language has been added stating that employees that engage in emergency services may be required to reside within a particular distance from the City. SECTION F: HOURS OF WORK 2.52.600 Workweek and Overtime [Formerly 2.52.200] This section has been edited for clarity. 2.52.605 Compensatory Time Off [Formerly 2.52.190] This section has been rewritten, creating a more usable CTO policy. With the supervisor's permission, an employee can accrued a maximum of 40 hours of CTO. A request to use CTO must be made at least five days in advance. All CTO not taken within 90 calendars days shall be cashed out. SECTION G: BENEFITS 2.52.700 Holidays [Formerly 2.52.260] There are some minor editing for clarify. Also added a paragraph specifying that although Introductory Employees accrue floating holidays, they are not eligible to use them until they become regular employees. 2.52.705 Vacation [Formerly 2.52.270] Specifies that vacation leave accrues only when an employee is in 'active employment' status. Also specifies that introductory employees cannot use any vacation leave until they become regular employees. 2.52.710 Sick Leave [Formerly 2.52.280] Specifics that sick leave accrues only when an employees is in `active employment' status. Also specifies that introductory employees cannot use sick leave until they become regular employees. Language was added denying sick leave to any employee absent due to self-inflicted sickness, injury or disability. 2.52.715 Domestic Partner Benefits [New] Added language to the ordinance for the Domestic Partner Benefits provided by the current MOU 2.52.730 COBRA Benefits [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state and federal regulations. Concepts are those presented in the City-wide Training in May/June of 2004. 2.52.735 Reimbursable Expenses [Formerly 2.52.410] Language was added to providing details on completing and submitting reimbursement forms. 2.52.740 Seminars and Work Related Training [Formerly 2.52.410] Language was added to accurately state the seminar and training process as it is today. 2.52.745 Certificate or Licensing Programs [New] Outlines the City's reimbursement policy for employees participating in a certificate or licensing program. 2.52.750 Education Reimbursement/Tuition Program [New] Outlines the City's reimbursement policy for employees wishing to pursue academic training or higher education on their off -duty hours. SECTION H: LEAVES 2.52.800 Short Term Leave [New] Language added to creating Short Term Leave as a use of vacation leave in increments of less than one day. 2.52.805 Family Care and Medical Leave [Formerly Family Leave Policy adopted by Resolution 97-89] This policy was revised to bring it into compliance with current state and federal regulations. Concepts are those presented in the City-wide Training in May/June of 2004. Also includes language to specify the '12 month period' as a rolling 12-month period. 2.52.810 Bereavement Leave [Formerly 2.52.310] Language of the ordinance for Bereavement Leave was updated to match the provisions in the current MOU 2.52815 Pregnancy Disability Leave [Formerly 2.52.320] Language of the ordinance was revised to bring the City in compliance with current state and federal regulations. Concepts are those presented in the City-wide Training in May/June of 2004. 2.52.820 Jury Duty and Court Appearance [Formerly 2.52340] Languages added to address compensation for court appearances. 2.52.825 Military Leave of Absence [Formerly 2.52.350] Language of the ordinance was revised to bring the City in compliance with current state and federal regulations. 2.52830 Workers' Compensation Disability Leave [Formerly 2.52.360] Language was added to the ordinance creating a designation for Workers' Compensation Disability leave. 2.52.835 Leave of Absence [Formerly 2.52.370] Leave of absence was formerly 'leave without pay'. The language has been changed specifying that employees are required to use their sick and vacation leave accruals until exhausted. Also specifies that vacation leave, sick leave and holiday credits do not accrue during such leave. 2.52.840 School Related Leaves [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state law. 2.52.845 Adult Literacy Leave [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state law. 2.52850 Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace Officers Leaves [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state and federal regulations. 2.52.855 Time off to Vote [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state and federal law. 2.52.860 Time off for Victims of Violent Crimes or Domestic Abuse [New] Language was added to the ordinance outlining this benefit that is provided by the City in compliance with current state law. 2.52.865 Unapproved Leave — AWOL [Formerly 2.52.380] Language was added specifying that all leaves must be approved prior to the actual leave. SECTION I: DISCIPLINARY ACTIONS 2.92.900 Disciplinary Action [Formerly 2.52.480] Language was added specifying whom disciplinary action may be taken against. Language was also added specifying employees that are not designated 'at will' have right to contest, rebut or appeal certain personnel actions, while 'at -will' employees have no rights to the disciplinary procedures. 2.52.905 Causes for Discipline [Formerly 2.52.490] List of causes for discipline was expanded to clarify conduct that could lead to discipline. 2.52.910 Administrative Leave Pending Disciplinary Investigation [Formerly 2.52.500] No substantial changes 2.52.915 Types of Discipline [Formerly 2.52.510] Two forms of discipline are added, the Counseling Memo and the Oral Admonishment or Reprimand. The two types of discipline become part of the permanent record and may not be appealed. 2.52.920 Procedure for Appeal of Written Reprimand [Formerly 2.52.530] Extends time to appeal a written reprimand to 30 days instead of the fourteen days. 2.52.925 Skelly Hearing Due process for Disciplinary Actions [Formerly 2.52.520] The section has been rewritten to clarify and outline each step of the process. SECTION J: GRIEVANCES 2.52.1000 Grievances [Formerly 2.52.560] Languages was added to clearly define what constitutes a grievance, matters that are not subject to grievance, who is eligible to file a grievance and the grievance process. SECTION K: PERSONNEL FILES 2.52.1100 Central Personnel Files [New] Rules pertaining to an employee's personnel files have been added to the ordinance. These new rules bring the City into compliance with current state and federal regulations. Palm Desert Employees Organization Memo To: Carlos L. Ortega, City Manager From: Board of Directors Date: June 30, 2004 Re: Proposed personnel ordinance, meet and confer JUN-92004 On June 23, 2004 at the general membership meeting of the PDEO the issue of the proposed personnel ordinance was discussed. The members of the personnel ordinance review committee have not had time to fully review the recommendations of our counsel or seek input from our members. We are asking for an extension until August 1, 2004 to begin the meet and confer process. The review committee believes this will allow them sufficient time to review and make recommendations to the board of directors. At that time the board of directors will contact you to make arrangements to meet and confer on this important issue. We thank you in advance for your patience and cooperation. PDEO Board of Directors Karen Siebuhr - Chair Johnny Terfehr Debra Bradley Ron Tucker Ezell James ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DEERT, ERSCINDING 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 been 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. PASSED, APPROVED AND ADPOTED by the Palm Desert City Council this 26th day of August, 2004 SECTION A: 2.52.100 2.52.105 2.52.110 SECTION B: 2.52.200 2.52.205 2.52.210 2.52.215 2.52.220 SECTION C: 2.52.300 2.52.305 SECTION D: 2.52.400 2.52.405 2.52.410 2.52.415 2.52.420 2.52.425 2.52.430 2.52.435 2.52.440 2.52.445 2.52.450 2.52.455 2.52.460 2.52.465 SECTION E: 2.52.500 2.52.505 2.52.510 2.52.515 2.52.520 2.52.525 2.52.530 2.52.535 2.52.540 2.52.545 2.52.550 2.52.555 2.52.560 2.52.565 2.52.570 GOVERNING PROVISIONS 1 Authority 1 Administrative Rulemaking Authority 1 EERO — Employer - Employee Relation Organization 1 RECRUITMENT & SELECTION 3 Equal Opportunity 3 Recruitment Notices —Application Requirements 3 Examinations 4 Selection Requirement 4 Veterans Point System 5 TYPES OF EMPLOYMENT 6 Types of Appointments 6 Definition of Employment Types 6 COMPENSATION 10 Basic Compensation Plan 10 Beginning Compensation 10 Pay Periods 10 Personnel Dates Defined 10 Advancements Within Salary Schedules 11 Advancement in Salary 11 Adjustment in Salary-- Reclassification 12 Reduction in Salary 13 Layoff 13 Reduction in Salary for Unsatisfactory Performance or Demotion 14 Step Increase Eligibility 14 Change of Status for Department Directors 15 Salary - City Clerk 15 Salary - City Manager and Executive Director of the Redevelopment Agency 15 WORKPLACE POLICIES 16 American with Disabilities Act Policy and Procedure 16 Employee Responsibilities and Standards of Conduct 16 Policy Against Harassment, Discrimination and Retaliation 19 Policy Against Violence in the Workplace 26 Policy Against Substance Abuse 29 Anti -retaliation Policy 33 Attendance Policy 38 Anti -Nepotism Policy 39 Outside Employment Policy 41 Conflicts of Interest 42 Dress and Personal Appearance Policy 42 Electronic Mail/internet Policy 43 Safety Policy 49 City Emergency Situation 57 Residency Requirements 58 Draft — City of Palm Desert Ordinance & Procedures April 2004 SECTION F: HOURS OF WORK 59 2.52.600 Workweek and Overtime 59 SECTION G: BENEFITS 62 2.52.700 2.52.705 2.52.710 2.52.715 2.52.720 2.52.725 2.52.730 2.52.735 2.52.740 2.72.745 2.52.750 Holidays 62 Vacation Leave 63 Sick Leave 65 Domestic Partner Benefits 67 Retirement 67 Health, Life and Long Term Disability Insurance 68 COBRA Benefits 68 Reimbursable Expenses 68 Seminars and Work Related Training 69 Certificate or Licensing Programs 71 Education Reimbursement/Tuition Program 71 SECTION H: LEAVES 74 2.52.800 2.52.805 2.52.810 2.52.815 2.52.820 2.52.825 2.52.830 2.52.835 2.52.840 2.52.845 2.52.850 2.52.855 2.52.860 2.52.865 Short Term Leave 74 Family Care and Medical Leave 74 Bereavement Leave 80 Pregnancy Disability Leave 80 Jury Duty and Court Appearances 82 Military Leave of Absence 82 Workers' Compensation Disability Leave 85 Leave of Absence 85 School Related Leaves 86 Adult Literacy Leave 87 Volunteer Firefighters, Emergency Rescue Personnel, and Reserve Peace Officers Leaves 87 Time off to Vote 88 Time Off for Victims of Violent Crimes or Domestic Abuse 88 Unapproved Leave - AWOL 88 SECTION I: DISCIPLINARY ACTIONS 90 2.52.900 2.52.905 2.52.910 2.52.915 2.52.920 2:52:925 SECTION J: 2:52:1000 SECTION K: 2.52.1100 Disciplinary Action 90 Causes for Discipline 90 Administrative Leave Pending Disciplinary Investigation 92 Types of Discipline 93 Procedure for Appeal of Written Reprimand 94 Skelly Hearing Due Process for Disciplinary Actions 94 GRIEVANCES 99 Grievances 99 PERSONNEL FILES 105 Central Personnel Files 105 Draft — City of Palm Desert Ordinance & Procedures April 2004 ii SECTION A: GOVERNING PROVISIONS 2.52.100 Authority [New} 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 [New] Manaqement 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. 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 Relation Organization [New] 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 that provides procedures and processes for collective Draft — City of Palm Desert Ordinance & Procedures 1 April 2004 bargaining matters. This relationship is governed by Sections 2.53.010 through Sections 2.53.220 of the Municipal Code. Draft — City of Palm Desert Ordinance & Procedures April 2004 2 SECTION B: RECRUITMENT & SELECTION 2.52.200 Equal Opportunity [New] 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 [Formerly 2.52.020] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 3 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. 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 [Formerly 2.52.030] 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 Requirement [Formerly 2.52.010] 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 4 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 lob duties with or without accommodation. Decisions as to which applicant the City will appoint or make a lob offer to will be made by the Department Director and the Division ACM in consultation with the Director of Human Resources. Once it is determined which candidate will receive a lob offer or appointment and the appropriate grade level and position title, the Director of Human Resources will then make any iob offer and/or the terms of agreement conceminq employment with the City of Palm Desert. 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 iob with or without reasonable accommodation. 2.52.220 Veterans Point System [New] 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 rSection 2.52.2051, will receive three additional points on the final passing score of the examination process. No veterans' preference points shall be given, however, if the veteran is already a City employee who is applying for a promotional opportunity that is open only to current employees. Draft — City of Palm Desert Ordinance & Procedures April 2004 5 SECTION C: TYPES OF EMPLOYMENT 2.52.300 Types of Appointments [Formerly 2.52.050] The City has the following types of employment appointments, which may be either full-time or part-time: 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 introductory 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 [Formerly 2.52.060] 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 [Formerly 2.52.230 & 2.52.240] 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. Draft — City of Palm Desert Ordinance & Procedures 6 April 2004 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. 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 retumed 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 7 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. Introductory Employees: Introductory employees are employees who are newly hired and subject to a period of six months probation, which is also referred to as an introductory period. The work and conduct of introductory employees will be subject to close scrutiny and evaluation. The introductory period 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 introductory 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, introductory employees serve at the will of the City and are subject to termination without cause and without the right of appeal or hearing, prior to the expiration of this period. An introductory employee shall be evaluated by his or her supervisor at the end of the first three months of the introductory. The evaluation will include a recommendation as to whether or not the employee should continue with the remaining three months of the introductory period. Prior to the end of the six-month introductory 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 three months' introductory 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 introductory period and should become a regular employee. Copies of all evaluations made at any point during and at the conclusion of the introductory period shall be forwarded to the department head and the Human Resources Department for inclusion in the employee's personnel file. If an introductory employee does not satisfactorily complete his introductory period, his or her supervisor may recommend the termination of the employee at any time before the six-month period expires. A recommendation for termination should be submitted in writing to the Human Resources Department for review and may include an evaluation and a list of actions taken to assist the employee. All personnel actions to terminate an introductory employee should have the prior approval of the Human Resources Department and the City Manager, with the separation from employment to be conducted by the Director of Human Resources. Introductory employees will not be eligible for any employee benefits, except health insurance, until they have completed the introductory period and have Draft — City of Palm Desert Ordinance & Procedures April 2004 8 commenced regular employment. Introductory 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 introductory period and are appointed to regular employees. Absences during the introductory period will be unpaid. The introductory period is not subiect 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. An employee removed from his/her new position during the probation period and who had previously held regular status may be restored to the former position if it is open, unless the employee is dismissed from the City for disciplinary reasons. If it happens that the previous position held by the employee is not open, the employee may be discharged. Transferred or promoted employees, although evaluated according to this policy, remain eligible for all benefits while demonstrating their ability to perform their new jobs. Draft — City of Palm Desert Ordinance & Procedures April 2004 9 SECTION D: COMPENSATION 2.52.400 Basic Compensation Plan [Formerly 2.52.040] 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 [Formerly 2.52.070] 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 [Formerly 2.52.250] 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 [Formerly 2.52.080] 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. Step Increase Eligibility Date: The step increase eligibility date for individual employees shall be the date of the next scheduled review for advancement within the salary schedule. Draft — City of Palm Desert Ordinance & Procedures April 2004 10 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 can be denied a step increase by the evaluating supervisor for unsatisfactory performance. If step advancement is denied, the Step Increase Eligibility Date shall be changed to the next Review Date or an earlier date requested by the supervisor or department head. D. Employee Step Increase Eligibility and Review Dates will conform to --the with Sections 2.52.420; 2.52.425; 2.52.450 and other pertinent sections. 2.52.420 Advancements Within Salary Schedules [Formerly 2.52.090] 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; Step H, 2'/2% 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, 21A% increase after five years of satisfactory service in Step I. 2.52.425 Advancement in Salary [Formerly 2.52.100] 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 11 evaluation of continued satisfactory effective 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 step increase eligibility date, any step increase which would have been granted to become effective on that 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 [Formerly 2.52.110] 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 step increase eligibility date, any step increase which would have been granted on that step increase eligibility date shall become effective on 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 12 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 [Formerly 2.52.110] 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 Citv 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 [Formerly 2.52.130] 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, if possible, and in no case Tess than ten (10) working days before the effective date of layoff. A copy of such notice shall be given to the employee organization, if any, that is affected. Seniority within the classification shall determine the order of layoff. If the performance of the affected employee was satisfactory at the time of the layoff, the employee will be given priority based upon seniority within their classification and 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 13 The City will also notify the employee representative group pursuant to existing Memorandums of Understanding and collective bargaining procedures. 2.52.445 Reduction in Salary for Unsatisfactory Performance or Demotion [Formerly 2.52.140] 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 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 and in consultation with the Director of Human Resources. 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 step increase and a satisfactory written evaluation is received. 2.52.450 Step Increase Eligibility [Formerly 2.52.150] The 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 can be denied a 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 step increase eligibility date and review date will conform to this section. For purposes of step increases within the salary range, the step increase eligibility date and performance review date shall be the date of: • Promotional Advancement: The step increase eligibility date shall be changed to the anniversary date of the promotion. • Range Change and Reclassification: The step increase eligibility date shall Draft — City of Palm Desert Ordinance & Procedures April 2004 14 than 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 step increase he or she is entitled to and eligible for shall be made retroactive to the step eligibility date 2.52.455 Change of Status for Department Directors [Formerly 2.52.160] 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 [Formerly 2.52.170] 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 [Formerly 2.52.180] The City Council and agency board sets the salaries of the City Manager and the Executive Director of the Redevelopment Agency. Draft — City of Palm Desert Ordinance & Procedures April 2004 15 SECTION E: WORKPLACE POLICIES 2.52.500 American with Disabilities Act Policy and Procedure [New] 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 iob 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 lob. 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 lob. 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 • [Formerly 2.52.570] 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 16 • 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 • 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: All employee misconduct is discouraged, however if employees engage in misconduct, management will take appropriate personnel action up to and including termination of employment if prohibited misconduct is engaged in. As part of this, and in an effort to provide a healthy and peaceful work environment, the City has established a zero tolerance standard for certain prohibited conduct as listed below. "Zero Tolerance" means that employees who engage in this identified conduct and are found culpable of doing so, will more than likely be terminated from employment with the City. • 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, Draft — City of Palm Desert Ordinance & Procedures April 2004 17 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 testinq under the influence of alcohol, illegal drugs, or narcotics or using, selling, dispensing, or possessing alcohol, illegal drugs, or narcotics on City premises • Disclosing trade secrets, proprietary or confidential City information to anyone who is not authorized to receive such information • Falsifvina 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 concerninq a lob -related matter • Engaging in the spreading of rumors and gossip • 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 lob without authorization • Gambling on City property Draft — City of Palm Desert Ordinance & Procedures April 2004 18 • 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 iob accidents or employee misconduct 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 subiect a violating employee to separation from employment with the City or other appropriate disciplinary action. Reporting Misconduct Employees who are subiected to, or who witnesses any of the prohibited conduct described in this policy are responsible for immediately bringing the matter to his or her supervisor's attention, or if the supervisor is involved, to the attention of the Department of Human Resources. Any questions about this policy should be directed to the Department of Human Resources. 2.52.510 Policy Against Harassment, Discrimination and Retaliation [Formerly Res. No. 97-89] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 19 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 subiect to discipline, up to and including termination. Prohibition Against 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. 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 disc rimination, 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 20 "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. 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, crabbing, patting, propositioning, leering, making express or implied lob 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 are an express or implied condition of continued employment or other term and condition of employment. Draft — City of Palm Desert Ordinance & Procedures April 2004 21 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.q., gifts, over attention, endearing nicknames). 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 22 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. FSee 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 parties 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 is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or a department director. Any individual 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, discrimination 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 23 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. 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 Draft— City of Palm Desert Ordinance & Procedures April 2004 24 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 him 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. 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 25 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 [Formerly Res. No. 97-89] 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 business off city property, will not be tolerated. This prohibition Draft — City of Palm Desert Ordinance & Procedures April 2004 26 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 iintiridating 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 involve_ d 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 27 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 iudqment 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 28 existing policy or procedure of the City should be interpreted in a manner that prevents the making of these necessary actions. 2.52.520 Policy Against Substance Abuse [Formerly Res No. 97-89] 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 lob 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 lob, and the influence of these substances durinq 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 goveming 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 druq-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 subiect to discipline, up to and includinq 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 subiect 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 29 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 he or she believes to be erroneous. Any positive test shall be retested independently using a more sensitive test. Applicants whose test results are positive for prohibited substances will not be hired by the City. 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 obiective 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 30 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, fumiture, 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. 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: 1. Not report to work or be on standby or on -call status while his or her ability to perform lob duties is impaired due to on or off -duty alcohol or drug use. Draft — City of Palm Desert Ordinance & Procedures April 2004 31 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. 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 subiect 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 Der -sell —OF 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 32 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 Citv'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 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 [NEW] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 33 3. Testifying as a party, witness, or accused regarding alleged unlawful activity. 4. Associating with another employee who is engaged in anv 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 anv of the following: • 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 34 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 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 leams 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 35 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 subiect 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 subiect to appropriate sanctions. Requirement to Exhaust Administrative Remedies This Policy Against Retaliation provides an administrative remedy that individuals must use prior to resorting to iudicial remedies to address the conduct described herein. 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 Califomia 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 36 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. Beinq 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. 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. Reqularly 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 37 2.52.530 Attendance Policy [New] 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: 1. 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. 2. Supervisors should track all absences and, for nonexempt employees (those subiect to the minimum wage and overtime requirements of the Fair Labor Standards Act), any tardiness or early departure exceeding ten minutes. 3. 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. 4. 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. 5. 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 lose their right to work the balance of the work day. In addition, employees who report for work without proper equipment or in improper attire may not be permitted to work. Employees who report for work in a condition considered not fit for work, whether for illness or any other reason, will not be allowed to work. 6. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 38 7. 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. 8. When appropriates 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. 9. 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. 10. Unauthorized or excessive absences or tardiness may result in disciplinary action, up to and including termination. 11. 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 [New] 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 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. Draft — City of Palm Desert Ordinance & Procedures 39 April 2004 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, 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 40 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 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 [New] 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, Draft — City of Palm Desert Ordinance & Procedures April 2004 41 audit, or enforcement by the employee or the City department in which he/she is employed. 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 'arid' the work described in the request only, but it may be renewed with subsequent approval: 2.52.545 Conflicts of Interest [Formerly 2.52.430] 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 [New] 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, business -like image to the public, members of the City Council and fellow employees. 2. Employees who have regular contact with the public must comply with the following personal appearance standards. Draft — City of Palm Desert Ordinance & Procedures April 2004 42 a. Employees are expected to dress in a manner that is normally acceptable for the type of work performed b. Employees should not wear suggestive attire, athletic clothing, shorts, flip flops, T-shirts, novelty buttons, and similar items of casual attire that do not present a business -like appearance 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 business -like 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. Casual Dress Days 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 ripped 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. Violations of the policy may result in disciplinary action. 2.52.555 [New] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 43 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 44 • 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 raterial 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. • Illegal activities • Threats • Slander • Defamation • Political endorsements Draft — City of Palm Desert Ordinance & Procedures April 2004 45 • Any use of the Internet/worldwide web, or intranet to harass or discriminate is unlawful and strictly prohibited. Violators will be subiect 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 orsent 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 requester 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 rernain 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 invetigation; 'sear`c i, 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 legitinnate 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 rnessage or locate the web site. 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's access to information is governed by the Public Records Act and compliance is administered by the City Clerk and the City Attorney: Draft — City of Palm Desert Ordinance & Procedures April 2004 46 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 conceming notices of seminars, queries regardinq 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. Any questions conceming 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 47 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 Attomey, 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 48 Employee Responsibilities Each employee is responsible for the content of all text, audio, or images that they place or send over the Citv'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 Iniury 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. 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 49 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 subiect 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 Iniury 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 50 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 lob 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 51 E. Driver Authorization and Performance [Formerly 2.52.420] 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 52 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 e 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 concem 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. G. 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 53 costs, without a deductible provision, and is paid for exclusively by the City of Palm Desert. 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 will be denied. • Any claim for an iniury 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 fail 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 54 • Hospital Fees - Paid in full • Pharmacy Costs - Paid in full if prescribed by an approved physician • 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 During 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 Tong -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. Pursuant to California law certain positions, i.e. peace officers and fire fighters, may be entitled to additional pay while on a workers compensation disability leave. The Director of Human Resources will determine whether the employee is eligible for such pay. 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. The City may recover premiums it paid to maintain health coverage for an employee who fails to return to work following workers' compensation disability leave. Draft — City of Palm Desert Ordinance & Procedures 55 April 2004 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. Sick and Vacation Leave Accrual Vacation and sick leave will not accrue during workers' compensation leave. Upon return from such leave, the employee's benefits will resume accruing in accordance with the specific requirements of each benefit. Modified Duty Employees who decline temporary modified duty in order to return to work from a leave of absence due to a workers' compensation iniury 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 retum 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 56 Failure to Return to Work Any employee who fails to return to work after being released by an approved physician will be considered to have resigned and will be terminated from employment with the City. H. 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 • 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 [Formerly 2.52.440] In the event of a City emergency situation, all employees who are contacted to return to work, unless physically incapacitated, must do so. Draft — City of Palm Desert Ordinance & Procedures April 2004 57 2.52.570 Residency Requirements [Formerly 2.52.445] Employees who engage in emergency services for the City may be required to reside within a particular distance from the City but will not be required to live within the City limits. Draft — City of Palm Desert Ordinance & Procedures April 2004 58 SECTION F: HOURS OF WORK 2.52.600 Workweek and Overtime [Formerly 2.52.200] 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 managerand 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. All overtime work must be authorized in advance by a supervisor. 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 [Formerly 2.52.190] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 59 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. A request made less than five days in `advance shall be evaluated by the department director or manager based upon the anticipated workload, anticipated staffing' considering' absences including pre -scheduled vacations, the availability of qualified substitute staff, the amount of time the employee intends to take off and any other factors that might 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. A request to use CTO that is made less than five days in advance will be presumed to be unreasonable, and the employee will instead receive cash out of the time requested in the next paycheck. 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 [Formerly 2.52.210) 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 60 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 [Formerly 2.52.220] "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. Draft — City of Palm Desert Ordinance & Procedures April 2004 61 SECTION G: BENEFITS 2.52.700 Holidays [Formerly 2.52.260] 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 (') day for Christmas Eve* December 25th, Christmas Day One-half day ('/2) 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. * 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 its own policies and practices currently applicable to floating holiday. Draft — City of Palm Desert Ordinance & Procedures April 2004 62 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. Introductory Employees Introductory employees may accrue floating holiday(s) as provided to all other employees but only after they have met their introductory- period and are appointed to become regular employees. Introductory employees cannot use floating holidays until and after they have become regular employees. 2.52.705 Vacation Leave [Formerly 2.52.270] 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 introductory period. Vacation leave accrues only when an eligible employee is in an active employment status. "Active employment" does not include employees who are on unpaid leave status. 1. Introductory Employees: Introductory 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 introductory period. Introductory employees cannot use vacation leave until and after they have become regular employees. Absences during the introductory period will be unpaid. 2. Temporary or Seasonal Employees Temporary or seasonal employees do not accrue vacation benefits. Draft — City of Palm Desert Ordinance & Procedures April 2004 63 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 eam 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: To allow managers an opportunity to plan for departmental coverage and needs, employees who request 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 64 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. 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 [Formerly 2.52.280] A. Eligibility and Accrual After completing the City's designated introductory period, each regular full-time employee shall accrue sick leave credits of 3.69 hours per pay period. Sick leave shall accrue only for employees in an active employment status. An employee is not in an active employment status when on unpaid leave. Introductory Employees Introductory 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 introductory period. Introductory employees cannot use sick leave until and after they have become regular employees. Absences during the introductory 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 no later than one (1) hour after the time set for beginning daily duties. Draft — City of Palm Desert Ordinance & Procedures April 2004 65 An employee may use accrued sick leave because of illness, iniurv, 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. 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. Sick leave shall not be granted to any employee absent from duty as a result of any sickness, injury or disability purposely self-inflicted. 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 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: Draft — City of Palm Desert Ordinance & Procedures April 2004 66 YEARS OF SERVICE PERCENTAGE OF PAYOUT Less than four (4) 0 Over four (4) but less than seven (7) 25% Over seven (7) but less than ten (10) 35% Over ten (10) but less than thirteen (13) 45% Over thirteen (13) but less than sixteen (16) 55% Over sixteen (16) 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. 2.52.715 Domestic Partner Benefits [New] 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 [Formerly 2.52.390] A. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 67 2.52.725 Health, Life and Long Term Disability Insurance [Formerly 2.52.400] 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. 2.52.735 Reimbursable Expenses [Formerly 2.52.410] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 68 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 [Formerly 2.52.410] 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 iob in a satisfactory manner, and requests for reimbursement are subject to the approval of 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 69 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.). 7. After attending the seminar, the employee will provide Human Resources with any certificate, attendance verification and/or receipts related to the seminar. Draft — City of Palm Desert Ordinance & Procedures April 2004 70 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. 2.72.745 Certificate or Licensing Programs The City will pay the cost for employees whose iob qualifications require certification or Iicensure to obtain recertification or Iicensure 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 iob performance; meets any specified education requirements of the employer or profession Iicensure; 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 [New] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 71 The cost of tuition, under this program, will be reimbursed at the rate charged by the local community collage or at the rate charge by the Califomia State System. Requests are subject to the approval of the department manager or director, the Director of Human Resources and the City Manager. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 72 5. The employee then makes all registration arrangements and pays for tuition and books/materials. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 73 SECTION H: LEAVES 2.52.800 Short Term Leave [New] 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 [Family Leave Policy adopted by Resolution 97-89] 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, paving 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; Draft — City of Palm Desert Ordinance & Procedures April 2004 74 • 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: • Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under Califomia State law and who are performing within the scope of their practice as defined under Califomia 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 75 • 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. 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.q., 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 durinq 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, 1998, and then takes another four weeks beginning January 1, 1999 (total eight (8) weeks), they would only have four weeks of leave available until September 1. 1999. 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). Draft — City of Palm Desert Ordinance & Procedures April 2004 76 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 newbom) for at least one day, but less than two weeks duration on any two occasions. 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-dav advance notice when the need for the leave is foreseeable (e.q., for childbirth or elective surgery) • Medical certification from a health care provider (both prior to the leave and prior to reinstatement) • Periodic re -certification Draft — City of Palm Desert Ordinance & Procedures April 2004 77 • Periodic reports during the leave 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. 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, Tong -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. In some instances, the City of Palm Desert may recover premiums it paid to maintain health coverage if an employee does not return to work following family or medical leave. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 78 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 lob with equivalent pay, benefits, and other employment terms and conditions. However, upon return from a family and medical 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 lob 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 iniury 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; Draft — City of Palm Desert Ordinance & Procedures April 2004 79 3. Authorization for payroll deductions for benefit plan coverage continuation; and 4. Fitness -for -duty to return from leave form. 2.52.810 Bereavement Leave [Formerly 2.52.310] 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/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 [Formerly 2.52.320] 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 80 retum 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 retum to work after the maximum four -month leave period causes the employee to have no reinstatement rights. 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 do not accrue while an employee is on unpaid Pregnancy Disability leave. 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, Draft — City of Palm Desert Ordinance & Procedures April 2004 81 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 lob 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 [Formerly 2.52.340] 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. 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 [Formerly 2.52.350] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 82 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. 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 subiect 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 83 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/privileqes 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. Reinstatement The City will reinstate an employee retuming 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 emerqency, 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 84 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 an employee returning from leave under this policy is reemployed by the City, 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 [Formerly 2.52.360] 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. 2.52.835 Leave of Absence [Formerly 2.52.370] 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 85 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 [New] 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 86 2.52.845 Adult Literacy Leave [New] 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 Iiteracv 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 [New] The City will not discriminate or retaliate against or discharge any employee for takinq time off to perform emergency duty as a volunteer firefiqhter, 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. 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 87 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 [New] 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 [New] 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 [Formerly 2.52.380] Any absence from work without approved leave shall be grounds for disciplinary action, including but not limited to, termination of employment. Draft — City of Palm Desert Ordinance & Procedures April 2004 88 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. 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. Draft — City of Palm Desert Ordinance & Procedures 89 April 2004 SECTION I: DISCIPLINARY ACTIONS 2.52.900 Disciplinary Action [Formerly 2.52.480] As part of the City's personnel ordinance and rules, disciplinary action may be taken against any regular, acting, temporary, seasonal, part-time, introductory, 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 f Formerly 2.52.4901 Employees may be counseled, admonished, reprimanded, suspended, demoted, discharged or incur a reduction in pay for conduct involving any of the following causes for discipline: 1. Violation of the City's Employee Rules of Conduct 2. Absence without leave 3. Excessive absenteeism and/or tardiness as defined by his or her Department Head or Memorandum of Understanding 4. Uses of sick leave in a manner not authorized or provided for pursuant to the sick leave policy or other policies of the City 5. Making any false statement, or any omission or misrepresentation of a material fact 6. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment 7. Unsatisfactory iob performance Draft — City of Palm Desert Ordinance & Procedures April 2004 90 8. Inefficiency 9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions: a. Conviction of a felony. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendre, regardless of sentence, grant of probation, or otherwise b. The damaging of public property or the waste of public supplies through negligence or misconduct 11. Insubordination 12. Dishonesty 13. Theft 14. Disobedience 15. Violation of the City's or a department's confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity 16. Unauthorized use, abuse, or misuse of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, or Intellectual Property 17. Mishandling of public funds 18. Falsifying of City records 20. Discourteous treatment of the public or other employees 21. Failure to cooperate with employee's supervisors or fellow employees 22. Enqaqinq in rumor mongerinq and gossip 23. Violation of the City's Zero -Tolerance Drug and Alcohol Use Policy- 24. Violation of the City's Internet / E-mail Use Policy 25. Violation of the City's Zero -Tolerance Policy Against Harassment, Discrimination and Retaliation 26. Violation of the City's Zero -Tolerance Policy Against Violence in the Workplace Draft — City of Palm Desert Ordinance & Procedures April 2004 91 27. Unapproved outside employment activity, or enterprise that presents a conflict of interest 28. Any conduct that impairs disrupts or causes discredit to the City, the employee's employment, to the public service, or other employee's employment 29. Failure to comply with OSHA Safety Standards and City safety policies 30. Failure to report to supervisor contact with criminal authorities which may affect employment with the City 31. Altering, falsifying, and tampering with time records, or recording time on another employee's time record Exempt Employees: Notwithstandinq 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 f Formerly 2.52.500] A department director or manager, after consulting with the Human Resources Director and/or the City Manager, may immediately place an employee on an administrative leave with pay. Administrative leave with pay is authorized when the Human Resources Director or 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 92 2.52.915 Types of Discipline (Formerly 2.52.510] The types of personnel actions and/or discipline that may be imposed on a regular, introductory or acting employee are: A. Counseling Memo: A counseling memo shall be memorialized in writing and become part of the employee's permanent record, and may not be appealed. B. Oral Admonishment or Reprimand: An oral admonishment or reprimand shall be memorialized in writing and become part of the employee's permanent record, and may not be appealed. C. Written Admonishment or Reprimand: A written admonishment or reprimand shall become part of the employee's permanent record, and may be appealed to the City Manager as described in Section 2.52.920 of this ordinance. D. Suspension: The City Manager, Assistant City Manager or other department director or manager may suspend an employee from his or her position for cause. Documents related to a suspension shall become part of the employee's permanent record. An employee subject to such disciplinary action shall be entitled to prior written notice, hearing and appeal as described in Section 2.52.925 of this ordinance E. Demotion: The City Manager, Assistant City Manager or other department director or manager may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee's permanent record. An employee subject to such disciplinary action shall be entitled to the prior written notice, hearing and appeal as described in Section 2.52.925 of this ordinance. F. Reduction in Pay: The City Manager, Assistant City Manager or other department director or manager may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: 1) a decrease in salary to a lower step within the salary range; or 2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee's permanent record. An employee subject to such disciplinary action shall be entitled to the prior written notice, hearing and appeal as described in Section 2.52.925 of this ordinance. G. Discharge: The City Manager, Assistant City Manager or other department director or manager may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an employee's permanent record. An employee subject to such disciplinary action shall be entitled to the prior written notice, hearing and appeal as described in Section 2.52.925 of this ordinance. Draft — City of Palm Desert Ordinance & Procedures April 2004 93 2.52.920 Procedure for Appeal of Written Reprimand Formerly 2.52.530] An employee may appeal a written reprimand within thirty days of receipt of the written reprimand, by responding in writing to the City Manager, and requesting the City Manager to review the written reprimand and the employees response. The City Manager will review the matter and may or may not sustain the appeal. If the City Manager sustains the employee's appeal, in whole or in part, he or she has the discretion to either purge the written reprimand and the employee's written response from the employee's permanent record, or retain an amended reprimand and employee's response in the file. If the appeal is denied, the reprimand and the employee's written response shall become part of the employee's permanent record and the employee shall have no further appeal. 2:52:925 Skelly Hearing Due Process for Disciplinary Actions [Formerly 2.52.520] 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 or dismissals from employment. Prior to a disciplinary suspension, a reduction in pay, a demotion, or a dismissal of a regular or actinq 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 94 C. Skelly Procedure / Due Process: [New] 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. Within ten (10) working days after receipt of the written notice, the employee shall have the right to respond to the Director of Human Resources, orally or in writing, concerning the proposed action. The Director of Human Resources will consider the employee's timely oral or written response prior to taking any final disciplinary action. If the employee chooses to respond orally, he or she may have a representative present at a meeting with the Director of Human Resources. The purpose of the conference is for the employee to have an informal opportunity to rebut the charges and present any mitigating circumstances. Draft — City of Palm Desert Ordinance & Procedures April 2004 95 The employee's failure to make an oral response at the arranged conference with the Director of Human Resources or failure to deliver a written response by the date specified will result in the employee's waiver of his or her pre -disciplinary procedural rights. In certain circumstances and by mutual agreement, the specified time period may be extended. 3. Director of Human Resources Decision: Within ten (10) working days of receiving the timely written response from the employee or from the date of the conference, if the employee chooses to respond orally, the Director of Human Resources, shall provide a written decision to the employee regarding the final disposition of the intent to discipline. The Director of Human Resources may modify, dismiss or impose the recommended discipline. The decision shall be personally delivered to the employee or sent by certified mail to the employee's last known address. The decision shall acknowledge the employee's response and shall be dated and signed by the Director of Human Resources. If disciplinary action is to be taken, the written response shall include all of the information contained in the original notice of intent to discipline, as described in section C1 of this section. Upon mutual agreement of the parties, the effective date of any proposed disciplinary action may be postponed to allow the Director of Human Resources enough time to adequately review the employee's response before making a decision. D. Appeal to the City Manager: An employee may appeal from a final notice of discipline he or she receives from the Director of Human Resources 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. The written answer and request for appeal must be received no later than 10 working days from the date of the Director of Human Resources' decision. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 96 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 97 The City Manager may affirm, increase, decrease or reverse 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). Draft — City of Palm Desert Ordinance & Procedures April 2004 98 SECTION J: GRIEVANCES [Formerly 2.52.560] 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. The solutions of any such grievances is wholly or partially within the province of the City to rectify and will involve the interpretation or application of existing ordinances, rules, regulations, or policies administered by the employee's Department Manager or designated authority concerning wages, hours, or other terms and conditions of employment, and are not subject to any other City dispute resolution processes or procedures. 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 2. Oral or written warnings, reprimands, or counseling memos 3. Employee performance evaluations 4. Management of the City generally and issues of City or Department policy 5. Necessity and organization of any service or activity conducted by the City including the expansion or reduction of services or workforces Draft — City of Palm Desert Ordinance & Procedures April 2004 99 6. Determination of the nature, manner, means, technology, and extent of services to be provided to the public 7. Methods of financing 8. Types of equipment or technology to be used 9. Determination of and/or chanqe in facilities, methods, technology, means and size of the work force by which City operations are to be conducted 10. 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 11. Work assignments, reassignments to other stations, and schedules in accordance with needs and requirements as determined by Management 12. Establishment, implementation, and modification of productivity and performance programs and standards 13. Reductions in force or layoffs for lack of work or other non -disciplinary reasons 14. Establishment and approved modification of lob classifications or reclassifications 15. Determination of standards, policies, and procedures for selection, training, and promotion of employees 16. Establishment, implementation, and modification of departmental organizations, supervisory assignments, chains of command, reporting responsibilities and transfers of employees to other department or offices 17. 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 Draft — City of Palm Desert Ordinance & Procedures April 2004 100 Department Director or his desiq_nee 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. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 101 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. Step III (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 IV (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. 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: Draft — City of Palm Desert Ordinance & Procedures 102 April 2004 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 considers other issue not so submitted to him/her. c) The arbitrator shall be bound by applicable Federal, Stater 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. sbiali.. make. -the final- determination of the grievance and submit it in writing' to . the grievant and his/her designated representative. The-cost=of-tharbitrato1 an othermatually incurred costs shal be b. Dine7eMially; by the -parties unless -the -City agrees -to -pay the_totake6sts 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 FSee 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 103 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 Manaqer 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 104 SECTION K: PERSONNEL FILES 2.52.1100 Central Personnel Files [New] A. Central Personnel Files The Department of Human Resources will maintain a central personnel file for each City employee indicatingpoyemploY employment title status, performance department assigned, salary, changes n 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 Cooies of documents concerning disciplinary actions -taken by a supervisor_ or:L.. department Manager must be placed In-th' er►iUloveets-:centraEEP_ersonnel File. ,. Th; : - will t e no disclosures of this-inforritation :.toTthird,:parties except. asp authonzed by State or Federal law, as required_by .court lordel•L;'_or _ as. duly authonzed in wntina by the'empioyee;= 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 subiect 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 subiect 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. Draft — City of Palm Desert Ordinance & Procedures 105 April 2004 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. 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 employe a 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 106 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. 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 lob 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. I. 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. Draft — City of Palm Desert Ordinance & Procedures April 2004 107