HomeMy WebLinkAboutOrd 1072 - New Personnel OrdinanceORDINANCE 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rescinded and the proposed attached Personnel System be adopted and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
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i
SECTION F: HOURS OF WORK
2.52.600 Workweek and Overtime
SECTION G: BENEFITS
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
59
59
62
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
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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 Citv's management of employment
relationships.
2.52.105 Administrative Rulemaking Authority
[New]
Management reserves the right to change or add policies to this ordinance and to
issue administrative rules or directives as needed to update this document and
provide guidance on important personnel policy issues for the proper
management and uniform administration of City personnel matters.
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 loin 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
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1
bargaining matters. This relationship is governed by Sections 2.53.010 through
Sections 2.53.220 of the Municipal Code.
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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 Citv'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.
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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 evaluatinq 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
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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 job 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 job offer and/or the
terms of agreement concerning 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 lob
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
'Section 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.
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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 Tess 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.
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6
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 returned to his or her regular position, at any
time without cause and with no right of appeal or hearing.
An employee appointed in an acting capacity shall receive the salary equivalent
to Step A of the acting position, providing it is at least five percent higher and
providing that the employee serves in the higher classification for at least thirty
consecutive calendar days.
Acting appointments shall be made on a temporary, at -will basis. When the
employee is relieved of the acting appointment, the employee shall be reinstated,
without right of appeal, to the former position and the salary adjusted to the
salary range of the former position at the appropriate step as if the temporary
appointment had not occurred.
C. Temporary Employees: Temporary employees are those hired for a definite
period of time, not to exceed 866 hours and can be either full-time or part-time
employees. Temporary employees serve at the will of the City and are subject to
termination at anytime without cause and have no right of appeal or hearing.
Compensation is set on a per diem or hourly basis. Temporary employees are
not eligible for paid holidays, vacation, leaves of absence credits, retirement,
health and life insurance, or other compensation benefits.
D. Seasonal Employees: Seasonal employees are those employees hired
part-time for a specific assignment. The assignment is seasonal in nature and
the work cannot exceed 1,000 hours per year.
Seasonal employees are not eligible for paid holidays, vacation, leaves of
absence credits, health and life insurance, or other compensation benefits.
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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
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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 subject to extension except when the employee is
on military leave, as described herein, or on another type of approved leave in
which case the City Manager will approve whether or not the period may be
extended.
F. Probation Period for Promoted Regular Employees: Regular employees
appointed to a new position due to promotion will serve a three-month
probationary period, with an interim review at 6-8 weeks, unless they served in
the position in an acting capacity for at least three months prior to their
promotion.
During this probationary period, the City has the discretion to move the employee
back to his/her prior position at will and without right of appeal if it determines
that it is in the best interest of the City or if it determines that the employee is
unable to satisfactorily perform the new position.
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.
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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.
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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%% increase after two years of satisfactory service in Step E;
Step G, 2'/z% increase after two years of satisfactory service in Step F;
Step H, 21/2% increase after two years of satisfactory service in Step G;
Step I, 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
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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 Tess
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.
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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 City Manager shall notify all employees in
writing and will hold employee meetings to explain the business necessity of this
action. The City will also notify the employee representative group pursuant to
existing Memorandums of Understanding and collective bargaining procedures.
The City may restore employee's salaries to the prior levels if and when
budgetary or business conditions sufficiently improve.
2.52.440 Layoff
[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 less 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.
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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
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14
shall -change to the anniversary of the employee's reclassification date and
conform to Section 2.52.420.
• Retroactivity: If the employee's review is late, any 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.
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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 job should contact the Human Resources Director
and request such an accommodation. The individual with the disability should
specify what accommodation he or she needs to perform the job.
Requests for an accommodation will be evaluated on a case -by -case basis, and
the City may require reasonable documentation of a disability to support the
request, including, but not limited to, a fitness for duty report.
The City will engage in a good faith interactive _process to identify the barriers
that make it difficult for the applicant or employee to have an equal opportunity to
perform his or her 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
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• 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 Aqainst 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, quest, or customer,
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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 testing 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
• Falsifying or altering any City record or report, including, but not limited to:
an employment application, medical reports, production records, time
records, expense accounts, absentee reports, or shipping and receiving_
records
• Stealing, destroying, defacing, or misusing City property or another
employee's or customer's property
• Misusing City property or systems, including but not limited to: surplus
property, scrap material or equipment, tools, vehicles, electronic mail,
computers, Internet access, or telephones
• Insubordination or refusing to follow a supervisor's directive or lawful
instruction concerning a iob-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 iob without authorization
• Gambling on City property
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• 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 lob 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 sublected 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.
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The policy applies to all terms and conditions of employment, including but not
limited to hiring, placement, promotion, disciplinary action, layoff, recall, and
transfer, leave of absence, training opportunities and compensation.
Employees who violate this policy are subject to discipline, up to and including
termination.
Prohibition 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 subiect 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 discrimination, or
has participated in the complaint procedure described below, is prohibited as
described in Section 2.52.525 of this ordinance.
Protected Classifications:
This policy prohibits harassment or discrimination because of an individual's
protected classification.
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"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,
grabbing, patting, propositioning, leering, making express or implied job
threats or promises in return for submission of physical acts, mimicking,
stalking, or taunting.
4. Sexual Harassment — includes unwelcome sexual advances, requests
or demands for sexual favors, or other verbal or physical conduct of a
sexual nature that are an express or implied condition of continued
employment or other term and condition of employment.
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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 em_plovees 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 beinq 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
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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. [See Section 2.52.525 Anti -Retaliation
Policyl.
"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.
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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
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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
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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
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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 intimidating work
environment is created for one or several city employees. Workplace violence
may involve any threats or acts of violence occurring on city premises, regardless
of the relationship between the City and the parties involved in the incident. It
may also include threats or acts of violence that affect the business interests of
the City or that may lead to an incident of violence on city premises.
Threats or acts of violence occurring off city premises that involve employees,
agents, or individuals acting as a representative of the City, whether as victims of
or active participants in the conduct, and that have a nexus to City employment
may also constitute workplace violence.
Specific examples of conduct that may constitute threats or acts of violence
under this policy include, but are not limited to, the following:
• Threats or acts of physical or aggressive contact directed toward another
individual
• Threats or acts of physical harm directed toward an individual or his/her
family, friends or associates
• The intentional destruction or threat of destruction of city property or
another employee's property
• Harassing or threatening phone calls
• Surveillance
• Stalking
• Possession of offensive or defensive weapons
• Veiled threats of physical harm or similar intimidation
• Any conduct relating to violence or threats of violence that adversely
affects the City's legitimate business interests
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Workplace violence does not refer to occasional comments of a socially
acceptable nature. These comments may include references to legitimate
sporting activities, popular entertainment, or current events. Rather, it refers to
behavior that is personally offensive, threatening, or intimidating.
Reporting
Employees are encouraged to report valid claims without fear of retaliation of any
kind. Employees will not be subject to retaliation for registering any complaint of
violence in good faith.
Employees are required to immediately report threatening comments, action or
violent behavior at any city location or at any location where the City conducts
business to the Department of Human Resources for monitoring and
assessment.
Department heads or supervisors will report all incidents of violence or possible
violence, including perceived threats, to the Department of Human Resources.
The department will promptly assess the situation and determine the most
appropriate course of action, including the undertaking of an investigation to
confirm the occurrence reported.
Investigation
Any person who engages in a threatening or violent action on city property may
be removed from the premises as quickly as safety permits and may be required,
at the City's discretion, to remain off city premises pending the outcome of an
investigation of the incident.
When threats are made or acts of violence are committed by employees, a
judgment will be made by the City as to what actions are appropriate, including
possible medical evaluation and/or possible disciplinary action.
Employees who engage in threats or violence, direct, indirect, implied, or actual,
against co-workers or any other person concerning city business, may be subject
to legal action by law enforcement authorities as well as disciplinary action by the
City, up to and including termination of employment.
Once a threat has been substantiated, it is the City's policy to put the threat
maker on notice that he/she will be held accountable for his/her actions and then
implement a decisive and appropriate response. The Human Resources Director
will document such incidents. Such documentation will include a narrative of the
incident including names and other appropriate identification of the parties
involved, verbal comments made or descriptions of the violent behavior, witness
names, and witnesses' statements.
Under this policy, the City will act to prevent a threat from being carried out, a
violent act from occurring, or a life -threatening situation from developing. No
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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 iob can take its
toll on iob performance and employee safety.
The City's concern is that employees are in a condition to perform their duties
safely and efficiently, in the interest of their co-workers and the public, as well as
themselves. The presence of illegal drugs and alcohol on the job, and the
influence of these substances during work hours, are inconsistent with this
objective. Therefore the City has adopted a zero -tolerance policy regarding drug
and alcohol use/abuse. The City will include drug -free awareness information in
its programs.
This policy is also intended to comply with all applicable federal regulations and
state laws governing workplace anti -drug programs, including the federal Drug -
Free Workplace Act of 1988, and similarly, the California Drug -Free Workplace
Act of 1990, which require the establishment of drug -free workplace policies and
the reporting of certain drug -related offenses to the federal Department of
Transportation.
Any questions regarding rights and obligations under this policy shall be referred
to the employee's supervisor, department head, or to the Human Resources
Director.
Personnel Affected
This policy's prohibition against substance abuse in the workplace applies to all
City employees when they are on City property or when performing City related
business. All employees who are found to have violated this policy are subject
to discipline, up to and including termination.
Pre-Emplovment Testing
In an effort to reach the goal of a drug and alcohol free workplace, the City will
conduct pre -employment drug and alcohol testing of applicants for all city
positions. Pre -employment drug and alcohol tests shall apply only to non -City
applicants following a conditional offer of employment. City employees who apply
for another position shall not be subject to pre -employment drug or alcohol tests.
Any applicant who refuses to provide consent for pre -employment testing under
this policy will be disqualified from City employment.
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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 objective evidence (for example, an open container in a vehicle) of recent
drug or alcohol use, which would lead a reasonable person to believe that the
employee is under the influence of drugs and/or alcohol. Testing may also be
required following a work -related accident or mishap. The supervisor shall
document those factors that created the reasonable suspicion. An employee's
consent to submit to such a test is required as a condition of employment and the
employee's refusal to consent may result in disciplinary action, up to and
including termination for even a first refusal or any subsequent refusal.
Prescribed Medications
While use of medically prescribed medications and drugs is not per se a violation
of this policy, failure by the employee to notify his/her supervisor before
beginning work when taking medications or drugs which could foreseeable
interfere with the safe and effective performance of duties or operation of city
equipment will result in discipline, up to and including termination. Failure to
submit the above -described documentation may result in the employee being
placed on leave until such time as the employee provides such documentation. In
the event there is a question regarding an employee's ability to perform safely
and effectively assigned duties while using such medications or drugs, clearance
from a qualified physician may be required.
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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, furniture, city vehicles, and other places under the common control of the
City and employees. The City, therefore, has the right to search all such areas
and property in which the City maintains control or joint control with the
employee. The City may notify the appropriate law enforcement agency that an
employee may have illegal drugs in his or her possession, or in an area not
jointly or fully controlled by the City.
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 iudicial/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 subiect 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 Citv'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 job 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 Druq-Free Workplace Act of 1988, notify the
Human Resources Director of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such
conviction. Within 30 days of the date the City learns of an employee's
conviction, the employee will be disciplined, up to and including
termination. Any employee not terminated will be required to satisfactorily
participate in and complete a drug abuse assistance or rehabilitation
program. Any employee who fails to provide the notice described here will
be subject to discipline, up to and including termination.
6. Notify the Human Resources Director immediately of facts or reasonable
suspicions when he or she observes behavior or other evidence that a
fellow employee poses a risk to the health and safety of the employee or
others.
7. Consent to any and all reasonable suspicion tests and/or searches.
Failure to comply with reasonable suspicion tests will be considered a
violation of this policy and will result in disciplinary action, up to and
including, termination.
Management Responsibilities and Guidelines
1. Department heads and supervisors are responsible for reasonable
enforcement of this policy.
2. A department head or supervisor may search the person or 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 City's EAP provider immediately. The City will provide reasonable
accommodation to those employees who are recovering from alcohol or drug
abuse problems to the extent that they are disabled as defined under either the
Americans With Disabilities Act or the Fair Employment and Housing Act.
It is the responsibility of each employee to seek the necessary assistance before
alcohol, drug or other problems adversely affect the employee's performance or
conduct. If a violation of City policy or rules occurs, a subsequent attempt to seek
and 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 aqainst 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 any of the protected
activities enumerated here.
5. Making or filing an internal complaint with the City regarding alleged
unlawful activity.
6. Providing informal notice to the City regarding alleged unlawful activity.
Policy Coverage
This policy prohibits City officials, officers, employees, vendors or contractors
from retaliating against applicants, officers, officials, employees, or contractors
because of any of the protected activity as defined herein.
Adverse Action
This policy prohibits any adverse conduct that is taken because an applicant,
employee, vendor or contractor has engaged in any of the forms of protected
activity as defined herein. Adverse action includes any of the following:
• 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 learns of a potential violation of this Policy Against Retaliation
must promptly report the information to the Human Resources Director, or
another in the chain of command, and if necessary, take action to diffuse
volatile circumstances.
Investigation
The Human Resources Director or his or her designee will immediately
undertake an effective, discrete, thorough and oblective 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 Aq_ainst 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 California Department of Fair Employment and Housing (DFEH).
These governmental agencies offer legal remedies and a complaint process. The
nearest DFEH and EEOC offices are listed in the government section of the
telephone book or employees can check the equal employment opportunity
posters that are located on City bulletin boards for office locations and telephone
numbers.
Individual Employee/ Contractor
A City employee or contractor is required to:
1. Conduct him or herself consistently with this policy.
2. Report any act he or she believes in good faith constitutes retaliation
as defined here, to his or her immediate supervisor or department
head or to the Human Resources Director.
3. Maintain the confidentiality of any investigation the City conducts under
this policy by not disclosing the substance of any investigatory
interview, except as directed by the department head or the Human
Resources Director.
4. Cooperate fully with the City's investigation into alleged violations of
this policy, by responding fully and truthfully to all questions posed
during the investigation.
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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. Being familiar with this policy and modeling behavior that is consistent
with it.
2. Informing all employees under their direction of this policy and
providing training as appropriate.
3. Receiving complaints in a fair and serious manner, documenting steps
taken to resolve the problem, and following up with the complaining
employee to ensure that the behavior has stopped and that there have
been no reprisals.
4. Reporting any potential violations of this policy of which he or she
becomes aware, regardless of whether a complaint has been
submitted, to the Human Resources Department and the department
head.
5. Based on the findings of the investigation, implementing appropriate
disciplinary and remedial action.
6. Informing one who complains of alleged harassment, discrimination
or retaliation in violation of the City's Policy Against Harassment,
Discrimination or Retaliation of his or her option to contact the
EEOC or DFEH.
7. Regularly monitoring the work environment and taking immediate
appropriate action to stop potential violations.
Human Resources Department
The Human Resources Department is responsible for administering the
complaint procedure, authorizing and/or conducting an investigation and, in
consultation with the department head, recommending disciplinary action
commensurate with the severity of the offense, and recommending other
appropriate remedial action.
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 appropriate, supervisors should counsel employees under their
supervision on the importance of good attendance and warn that
excessive tardiness or absences will lead to discipline, up to and including
termination.
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 April 2004
39
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
Ionq 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.
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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 subiect 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 enqaqe 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 subiect 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 and 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 riq_ht 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 Citv's technical resources must not interfere with employee
productivity, the productivity of any other employee, or the operation of city
technical resources.
• Employees may not send E-mail or other communications that either mask
their identity or indicate that they were sent by someone else.
• Employees should never access any technical resources using another
employee's password.
• Employees should only access the libraries, files, data, programs, and
directories related to their work duties.
• Unauthorized review, duplication, dissemination, removal, installation,
damage, or alteration of files, passwords, computer systems or programs,
or other property of the City, or use of information obtained by
unauthorized means, is prohibited.
Offensive material
Sending, saving, or viewing offensive material is prohibited. Messages stored
and transmitted by computer, E-mail, or telephone systems must not contain
content that may be considered offensive to any employee. Offensive material
includes, but is not limited to the following:
• Sexual comments, jokes or images
• Racial slurs
• Obscene or suggestive messages or offensive graphic images
• Comments, jokes or images that would offend someone on the basis of
his or her race, color, creed, sex, ape, 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 or sent through the
computer system is not private. This means that you have no expectation of
privacy with respect to such communications. Such communications may be
reviewed by City personnel and it may be open to members of the public. If you
have any questions about the release of such information to the public you
should contact the City Clerk's office.
Before any E-mail is released pursuant to a public record's request, any exempt
information must be deleted from the E-mail and the requestor notified of the
deletion.
All requests for Public Information should go through the City Clerk's office.
Access to Information
Employees should keep in mind that when they are using the City's computers,
they are creating city documents using a city asset. The City's computer, E-mail,
or telephone systems, and the data stored in them are to remain properties of the
City. As a result, computer data, messages, E-mail messages, and other data
are readily available to numerous persons. Work transmitted on the computer
system and other technical resources may be subiect to investigation, search,
and review by others per this policy.
All information, including E-mail messages and files, created, sent or retrieved
over the City's technical resources is the property of the City, and should not be
considered private or confidential. Employees should be aware that any
electronically stored information created, sent, or received from others may be
retrieved and reviewed when doing so serves the legitimate business interests
and obligations of the City. Even when a file or message is erased or a visit to
an internet/web site is closed, it is still possible to recreate the message or locate
the web site.
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 concerning notices of seminars,
queries regarding processes, and general information regarding programs
• General information files used in daily functions of the administrative area
• Meeting notices, minutes, statistical records, files and recipient's inter -
department memoranda
Retain for Three Fiscal Years:
• General correspondence, senders' inter -department memoranda, and
most fiscal and budget records
Retention schedules are based on a record's informational content, not its format.
E-mail that falls into the category of "retained until an administrative purpose is
served" may be deleted on a daily basis. E-mail that has a long retention period
such as correspondence of senders' memoranda, must be kept through a three-
year retention period
Electronic information that falls within the Public Records Act shall be retained in
accordance with the Act as determined by the City Clerk and the City Attorney.
Copyrighted Materials
Employees should not copy and distribute copyrighted material (e.g., software,
database files, documentation, articles, graphics files, and downloaded
information) through the E-mail system unless they have confirmed in advance
from appropriate sources that the City has the right to copy or distribute the
material.
Transmitting any materials in violation of any federal, state, or local laws,
ordinances or regulations is prohibited; failure to observe a copyright may result
in disciplinary action by the City and legal action by the copyright owner.
Any questions concerning these rights should be directed to the IS Department
Manager.
Confidential Information
E-mail and Internet/web access are not entirely secure. Others outside the City
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47
may monitor E-mail and Internet/web access.
For example, Internet sites maintain logs of visits from users; these lops identify
the company, and which person used the service. If employee's work using these
resources requires a higher level of security, they should their supervisor or the
IS Department for guidance on securely exchanging or gathering information
from sources such as the Internet or World Wide Web.
All employees should safeguard the City's confidential information, and that of
customers and others from disclosure. Employees should not access new E-mail
messages with others present. Messages containing confidential information
should not be left visible while employees are away from their work area.
E-mail messages containing confidential information should be reviewed by the
City Attorney, and include the following statement in all capital letters at the top of
the message: "CONFIDENTIAL: UNAUTHORIZED USE OR DISCLOSURE IS
STRICTLY PROHIBITED."
Security of Information
Although employees may have passwords to access computers and E-mail
systems, these technical resources belong to the City. They are to be accessible
by the City, and are subiect 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 usinq 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.
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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 Injury and Illness Prevention Program (IIPP) in
accordance with California law, and which is available to all employees.
All employees are required to understand and comply with the general and
specific elements in the IIPP in order to prevent occupational injuries and
illnesses. All additional applicable federal, state or local laws or regulations
pertaining to occupational injuries or illnesses will be complied with at all times.
Procedure
Any employee who incurs an on-the-job injury or illness will receive immediate
and appropriate first aid or medical treatment. The employee and supervisor
must then comply with their reporting responsibilities and procedures.
Whenever an incident occurs that requires any kind of first aid or medical
treatment, no matter how minor, it is the responsibility of the affected employee
or their supervisor to complete and submit a City of Palm Desert First Report of
Injury or Illness as soon as practical and distribute the report to the Department
of Human Resources worker's compensation administrator and to the Risk
Manager. The report is available from the Department of Human Resources or
from the City Intranet Safety and Emergency Page. 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
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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 Citv's Risk Manager.
The supervisor will then complete a Supervisor's Incident Investigation Report
Form. These reports should be sent to the City's workers' compensation
administrator and to the Department of Human Resources. Failure to report an
injury or illness as required by state law and organization policy could result in
loss of compensation benefits and possibly lead to corrective action up to and
including termination.
Drug Testing
When an employee sustains an injury or illness that requires outside medical
treatment, the employee may also be subject to a screening for the presence of
drugs and/or alcohol in their system, provided state law permits these tests.
When an employee is involved in a mobile equipment accident that results in
significant damage, the employee will be subject to a screening for the presence
of drugs and/or alcohol in their system, provided state law permits these tests.
Any employee who refuses screening for the presence of drugs and/or alcohol
will be subject to immediate termination.
Compensation During Injury Period
In the event the injury is of the nature that requires outside medical treatment,
employees will be paid for their entire shift and should not clock out.
If subsequent medical visits are necessary, employees should schedule those
during non -work hours if possible. Employees should clock out if the
appointment is during their regular work shift. If employees must miss work in
order to receive authorized medical follow-up treatments for a work -related injury
or illness, they will receive pay for up to two hours per visit.
B. Blood and Bodily Fluids Exposure
The City is concerned about employees who may be exposed to blood and other
bodily fluids when rendering first aid to other employees.
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The following procedures are to be used when administering first aid:
• Always use the latex gloves that are provided by the City
• In the event CPR becomes necessary. a CPR Micro -Shield should be
used. These are provided to all CPR certified employees by the City. Only
those employees who are certified to perform CPR should perform CPR
• Any materials, including latex gloves and CPR Micro -Shields, used in
administering first aid should be discarded in the red biohazard baps
located in the First Aid Room
• Hands should be thoroughly washed following any first aid procedure.
The red biohazard bags will be picked up by special arrangement with the local
waste management company on a regular basis.
C. Licensed Equipment Operators
In order to provide a safe working environment, equipment operators should be
properly trained and licensed.
All equipment operators must be 18 years of age and have a valid driver's
license. On a regular basis, each operator must successfully complete the City's
instructional course and a drug screening for certification to operate equipment.
Any unsafe actions by a licensed operator will lead to personnel corrective action
up to and including termination.
Any employees choosing to operate equipment without proper training, license,
and the consent of their supervisors will be subject to personnel corrective action
up to and including termination.
D. Security and Loss Prevention
The City has installed and maintains an elaborate security system to protect the
premises from fire, unlawful entry, and theft.
Employees will be given the details of the system if it is determined that such
knowledge is necessary to perform their job duties.
Employees are encouraged to assist management in ensuring that the system is
not compromised in any way. Tampering with the system, violating procedures,
or revealing any details about the security system to others may result in
personnel action, including termination.
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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
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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 DMV, will notify the City when an
employee's license has been suspended or revoked.
Cancellation of Driving Privileges
Driving privileges are canceled if a motor vehicle record check on the employee
reveals that such driver has a suspended or revoked license, or when such
employee retires, terminates, is discharged or whenever the privilege is no longer
necessary for job functions.
Poor Driving Performance
When an employee is required to drive in the performance of duty, failure to drive
safely must be a matter of concern to the department manager or director. Poor
driving, as other poor performance, can be a basis for discipline as provided in
this ordinance.
Risk Manager
The City's Risk Manager shall review and analyze all employee accidents in
order to control and minimize the City's risk of liability. It shall be considered
evidence of poor driving performance any time an authorized driver is found
responsible for one or more preventable on-the-job, vehicle accidents resulting in
injury or death, or property damage exceeding two hundred fifty dollars.
G. Workers' Compensation Policy
The City subscribes to and carries workers' compensation insurance for it's
employees who may be iniured 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
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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 injury or illness caused by an employee's willful
misconduct, alcohol, or drug usage or that occur during the employee's
voluntary participation in any off -duty recreational, social, or athletic
activity sponsored by the City will not be compensable.
• Workers' compensation fraud is a felony, punishable by fines and/or jail
time. The organization will prosecute any individual found to be claiming a
work -related illness or injury fraudulently.
• An approved physician must treat the injured employee. The City and its
carrier in certain cases will assign specialists. Any treatment other than
that approved by the City and its carrier will not be compensable. If
requested, in writing, prior to an injury or illness, the City will permit
employees to go to their own health care provider to obtain treatment.
Worker's Compensation Benefits
There are two types of workers' compensation benefits paid to an employee with
a work -related injury or illness:
Medical benefits
• Physician's Fees - The approved physician who provides treatment is paid
through the workers' compensation insurer
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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 iniured
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 long-term disability, workers' compensation, or other wage
reimbursement benefits for which employees may be eligible.
At no time shall an employee receive a greater total payment than the
employee's regular salary.
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.
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55
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 injury will be considered to
have resigned and their employment with the City will be terminated.
If an employee is eligible for family and medical leave due to the employee's
personal health condition, the employee will have his or her workers'
compensation benefits terminated if he or she refuses temporary modified duty
for which the employee is qualified.
Reinstatement
Under most circumstances, upon submission of a medical certification that an
employee is able to return to work from a workers' compensation leave; the
employee will be reinstated to his or her same position held at the time the leave
began or to an equivalent position in terms of salary, duties, and promotional
opportunities.
An employee returning from a workers' compensation leave has no greater right
to reinstatement than if the employee had been continuously employed rather
than on leave. For example, if the employee on workers' compensation leave
would have been laid off had he or she not gone on leave, or if the employee's
position has been eliminated or filled in order to avoid undermining the City's
ability to operate safely and efficiently during the leave, and there are no
equivalent positions available, then the employee would not be entitled to
reinstatement.
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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 retum 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 lob.
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.
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57
2.52.570 Residency Requirements
[Formerly 2.52.445]
Employees who engaq_e 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.
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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 manager and approved by
the City Manager, and if documented in payroll records
B. Overtime --Nonexempt Employees. Nonexempt employees must record their
actual time worked for payroll and benefit purposes from the time work begins
and ends, as well as the beginning and ending time of each meal period.
Nonexempt employees must also record any departure from work for any non -
work -related reason.
When operating requirements or other needs cannot be met during regular
working hours, an employee may be scheduled to work overtime. 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.
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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 Tess 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.
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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.
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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 ('/z) day for Christmas Eve*
December 25th, Christmas Day
One-half day (1/2) 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.
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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.
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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 earn an additional ten
(10) days vacation each year plus the continuous service accrual.
Employees designated as Exempt Personnel, Group B earn an additional five (5)
days vacation each year plus the continuous service accrual.
C. Maximum Accrual of Vacation
Vacation accrues up to a maximum of three times the amount of time the
employee is currently eligible to earn each year. For example, if the employee is
eligible to earn ten (10) days a year, the employee stops earning vacation once
his or her accrual reaches thirty (30) days. The same applies to exempt
employees in Group A and Group B.
Once this cap is reached, no further vacation will be earned until enough
vacation is used to bring the employee below the cap. Only when the accrual
falls below the cap will vacation compensation again commence to accrue until it
reaches the applicable cap.
D. Approval of Use of Vacation Leave
No vacation may be taken at any time without approval of the employee's
supervisor and/or department director. The times during a calendar year at which
employees may take their vacations shall be determined by their department
director or the City Manager with due regard for the wishes of the employee and
particular regard for the needs of the City.
Two -week Notice: 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 Durinq 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.
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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.
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An employee may use accrued sick leave because of illness, injury, exposure to
contagious disease, or to attend medical, dental and optical appointments to the
extent that such appointments cannot be scheduled outside the workday.
An employee may also use his or her sick leave accrued time to attend to the
illness of a child, spouse, domestic partner, child of a domestic partner, or parent.
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:
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66
YEARS OF SERVICE
PERCENTAGE OF PAYOUT
Less than four (4)
0
Over four (4) but Tess than seven (7)
25%
Over seven (7) but Tess than ten (10) 35%
Over ten (10) but less than thirteen (13) 45%
Over thirteen (13) but Tess 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.
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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.
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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 job 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
traininqs are generally completed within five days and usually require attendance
during regular working hours.
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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.
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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 job qualifications require
certification or licensure to obtain recertification or licensure for the specific
position held.
Certificate and/or Licensing programs are usually a series of courses that need to
be completed in order to obtain a document certifying that one has fulfilled the
requirements of a program.
The certificate program or a specific license or renewal of a license must be job -
related to the employees presently assigned position. "Job related" is defined as
courses which maintain or improve the employee's iob performance; meets any
specified education requirements of the employer or profession licensure; or
meets any requirements necessary for the employee to retain his or her salary
status, or employment.
Certificates or licenses covered under this program must be provided by or
through an educational institution, a professional society, or an approved
contracting agency; must contain sufficient content and requirements; must be
the most effective means of obtaining the knowledge; and must have a
reasonable expectation of providing more effective on-the-job service by the
employee.
If the certificate or license is an ongoing requirement of the employee's iob
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.
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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 California 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.
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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.
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73
SECTION H: LEAVES
2.52.800 Short Term Leave
[New]
Employees who need to be absent for Tess 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 rollinq 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 aqe of 18 years of age, or 18 years of age or
older who is incapable of self care because of a mental or physical disability. An
employee's child is one for whom the employee has actual day-to-day
responsibility for care and includes, a biological, adopted, foster or stepchild.
A child is "incapable of self care" if he/she requires active assistance or
supervision to provide daily self care in three or more of the activities of daily
living or instrumental activities of daily living —such as, caring for grooming and
hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and
directories, etc.
Health Care Provider
• A doctor of medicine or osteopathy who is authorized to practice medicine or
surgery by the State of California;
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• 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
Califomia State law;
• Nurse practitioners and nurse -midwives and clinical social workers who are
authorized to practice under California State law and who are performing
within the scope of their practice as defined under California State law;
• Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts; and
• Any health care provider from whom an employer or group health plan's
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
"Leave" means leave under this policy as provided for in the FMLA and CFRA.
"Parent" means the biological parent of an employee or an individual who
stands or stood in loco parentis (in place of a parent) to an employee when the
employee was a child. This term does not include parents -in-law.
"Spouse" means a husband or wife as defined or recognized under California
State law for purposes of marriage.
"Serious health condition" means an illness, injury impairment, or physical or
mental condition that involves:
• Any injury, illness, or impairment that involves inpatient care in a hospital,
hospice, or residential medical care facility.
• A period of incapacity which is permanent or long term due to a condition for
which treatment may not be effective. The employee or family member must
be under the continuing supervision of, but need not be receiving active
treatment bv, 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 iniury, 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.
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• 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
during a 12-month period. The 12-month period begins on the date of the first
absence qualifying for leave, and rolls forward from that date. In other words,
how much leave an employee is entitled to depends on how much time they have
taken during the twelve month period prior to their request for leave.
For example, if an employee takes four weeks of leave beginning September 1,
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).
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If leave is requested for the birth, adoption or foster care placement of a child of
the employee, leave must be concluded within one year of the birth or placement
of the child. In addition, the basic minimum duration of such leave is two weeks.
However, an employee is entitled to leave for one of these purposes (e.g.,
bonding with a newborn) for at least one day, but less than two weeks duration
on any two occasions.
E. Reasons for Leave
Leave may only be used for one or more of the following reasons:
• For the birth or placement of a child with the employee for adoption or foster
care
• To care for an immediate family member (spouse, child, or parent) with a
serious health condition
• To care for a newborn child (birth - 12 months of age)
• To take medical leave when the employee is unable to perform the functions
of his or her position because of a serious health condition
Pregnant employees may have the right to take a pregnancy disability leave in
addition to a family and medical leave and should review the pregnancy disability
leave policy below and notify their Supervisor or the Human Resources
Department if they need leave due to disability caused by pregnancy
F. Spouses Both Employed by the City
In any case in which a husband and wife both employed by the City are entitled to
leave, the aggregate number of work weeks of leave to which both are entitled is
limited to 12 work weeks during any 12-month period if leave is taken for the birth
or placement for adoption or foster care of the employees' child (i.e., bonding
leave). This limitation does not apply to any other type of leave under this policy.
G. Notice & Certification
An employee needing family and medical leave may be required to provide:
• 30-day advance notice when the need for the leave is foreseeable (e.g., for
childbirth or elective surgery)
• Medical certification from a health care provider (both prior to the leave and
prior to reinstatement)
• Periodic re -certification
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• Periodic reports during the leave
Unforeseeable circumstances do not require 30 days advance notice. In such
case, an employee must qive notice as soon as practical. Failure to qive 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
eliqible for short-term disability, long-term disability or workers' compensation
insurance coverage while on leave.
For example, if an employee has 10 days accrued sick leave and 10 days
accrued vacation at the time their leave begins, and the leave is for the
employee's own serious health condition, the paid accrued leaves and leave
under this policy shall run concurrently, and the first four (4) weeks of leave will
be with pay and eight (8) weeks will be without pay for a total leave of 12 weeks.
I. Benefits During Leave
The City of Palm Desert will maintain, for up to a maximum of 12 workweeks of
family and medical leave, any group health insurance coverage that was
provided before the leave on the same terms as if the employee had continued to
work. In some instances, the City of Palm Desert may recover premiums it paid
to maintain health coveraqe 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.
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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 job because of a physical or mental disability, the City of
Palm Desert will begin an interactive process to determine whether the City can
reasonably accommodate the employee without posing an undue hardship on
the City.
The City may deny reinstatement to a "key" employee (i.e., an employee who is
among the highest paid 10 percent of all employed by the City within 75 miles of
the work site) if such denial is necessary to prevent substantial and grievous
economic injury to the operations of the City, and the employee is notified of the
City's intent to deny reinstatement on such basis at the time the employer
determines that such injury would occur.
L. Unlawful Acts
It is unlawful for the City of Palm Desert to interfere with, restrain, or deny the
exercise of any right provided by state or federal family and medical leave law. It
is also unlawful for the City of Palm Desert to refuse to hire, discharge,
discriminate against, or retaliate against any individual for being involved in any
proceedings related to family and medical leave.
M. Required Forms
Employees must fill out the following applicable forms in connection with leave
under this
policy:
1. "Request For Family or Medical Leave Form" prepared by the City to be
eligible for leave.
2. Medical certification —either for the employee's own serious health
condition or for the serious health condition of a child, parent or spouse;
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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
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80
return to work.
All granted leaves must be confirmed in writing, have an agreed -upon specific
date of return, and be submitted to the Director of Human Resources prior to
being taken. Requests for an extension of leave must be submitted in writing to
Human Resources prior to the agreed date of return and must be supported in
writing by the statement of the attending physician that the employee continues
to be disabled by pregnancy, childbirth, or a related medical condition. California
law provides that the maximum pregnancy disability leave right is four months.
Failure to return to work after the maximum four -month leave period causes the
employee to have no reinstatement rights.
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 Iona 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,
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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 iob 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 Toss 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.
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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.
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Sick, Vacation and Holiday Leave Accrual/Privileges
Sick, vacation and holiday leave accrual are determined as follows:
Active Duty (military leave)
An employee on military leave does not accrue sick, vacation or holiday
leave/privileges.
Training (temporary military leave)
An employee on temporary military leave who has at least one year of City
employment or at least one year of combined City employment and military
service continues to accrue sick, vacation and holiday leave/privileges for up to a
maximum of 180 calendar days while on leave.
National Guard Members
A National Guard member on military leave is entitled to accrue vacation and
holiday leave/privileges but not sick leave for the first 30 calendar days of leave,
regardless of length of City employment. A National Guard member on temporary
military leave does not accrue sick, vacation or holiday leave/privileges while on
leave unless the employee has at least one year of City employment or one year
of a combination of City employment and military service.
Reinstatement
The City will reinstate an employee returning from leave under this policy
immediately upon the employee's request for reinstatement. If the employee's
position has been abolished or has otherwise ceased to exist, the employee shall
be reinstated to a position of like seniority, status and pay if such a position
exists, or to a comparable position for which he or she is qualified.
An employee seeking reinstatement after a war or national emergency must
request reinstatement within 6 months of completing his or her service, but no
later than 6 months after the completion of the war or national emergency. An
employee who does not request reinstatement within 12 months after the first
date that he or she could terminate active service may be denied reinstatement.
An employee seeking reinstatement after leave not related to a war or national
emergency, whose leave is less than 31 days, must report to work no later than
the beginning of the first full regularly scheduled work period on the first full
calendar day following completion of military service. If the employee's leave
was more than 30 days but Tess 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.
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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.
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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.
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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 Iiteracv 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
taking time off to perform emergency duty as a volunteer firefighter, reserve
officer. or other emergency rescue personnel.
An employee anticipating the need for such leave shall alert his or her supervisor
so that he or she may be aware of the fact that an employee may have to take
time off for emergency duty. If advance notice is not possible, the employee
must notify his or her supervisor as soon as possible. Employees may be
required to submit to the City proof of the emergency duties performed. Time off
for such duty is unpaid.
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
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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.
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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.
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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
[Formerly 2.52.490]
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
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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. Engaging in rumor mongering 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
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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 safetypolicies
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:
Notwithstanding any provision in this ordinance regarding disciplinary action, any
regular or acting employee who is exempt from the provisions of the Fair Labor
Standards Act (FLSA) is not subiect to any form of disciplinary penalty which
would violate his or her FLSA overtime -exempt status.
2.52.910 Administrative Leave Pending Disciplinary Investigation
'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 aqainst the employee are substantiated by the investigation,
appropriate disciplinary action may be taken in accordance with the procedures
set forth in this section.
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2.52.915 Types of Discipline
IFormerly 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.
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2.52.920 Procedure for Appeal of Written Reprimand
JFormerly 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 acting employee for disciplinary purposes, management and
subject employee shall comply with the procedure set forth in this Section.
B. Administrative Suspensions With Pay
Pending investigation of an accusation against an employee, the City Manager
may approve the temporary suspension of an employee with pay, pending the
undertaking or completion of an investigation or opportunity to respond as may
be required to determine if any disciplinary action shall be taken.
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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.
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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.
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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.
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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).
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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
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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 change 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 iob 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
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Department Director or his designee in order to, in good faith, endeavor to
resolve the matter expeditiously and informally at the employee -supervisor level.
If such informal discussion does not resolve the problem to the employee's
satisfaction, and, if the complaint constitutes a grievance as herein defined, the
employee may file a formal grievance in accordance with the following
procedure.
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.
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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:
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a) The arbitrator shall be bound b the language of the MOU and the City
and departmental rules and regulations consistent therewith in
considering any issue properly before him/her.
b) The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider, any other
issue not so submitted to him/her.
c) The arbitrator shall be bound by applicable Federal, State and City
law.
d) The arbitrator may not recommend changes in established wages or
benefits. nor recommend the payment of back wages or benefits to a
date prior to ten (10) days before the grievance was timely filed.
The arbitrator shall submit findings and advisory recommendations to the
grievant and the City Manager.
The City Manager. within ten (10) calendar days of the receipt of the written
findings and recommendations. shalt make__Le fines d t rtriination of the
grievance and submit it in writing to the grievant and his/her designated
representative.
The costof-the arbitratorand=othermutually incurred costs-shi ziPtrorne equailY.
by the parties: unless -the -City agrees -to pay thetota6co-sig
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.
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Withdrawal
Any grievance petition may be withdrawn by the grievant at any time, without
preiudice.
Resubmission
Upon consent of the person hearing the grievance petition and the grievant, a
grievance may be resubmitted to a lower step in the grievance procedure for
reconsideration.
Employee Representation
An employee may have representation in the preparation and presentation of the
grievance at any step in the grievance procedure, except that no supervisor or
Department Manager shall be represented by an employee who he or she may
supervise and no employee shall be represented by a supervisor or Department
Manager.
At least 24 hours prior to any meeting convened under the gnevance 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 emptoveels) and one employee representative are entitled to be
released from work for a reasonable period of time in order to present the
grievance.
Legitimate Orders
If an employee is given a legitimate order that he or she wishes to grieve, the
employee must first comply with the order and file a grievance later unless the
assignment endangers the health or safety of the employee or others, or if the
requested assignment violates the employee's constitutional rights.
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104
Hillr ill' ry•
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 indicating the employee's name, title of position, the
department assigned, salary, changes in employment status, performance
evaluations, disciplinary documents and such other information as may be
considered pertinent by the Director of Human Resources.
Personnel files shall be kept in locked files located in the Human Resources
Department.
B. Disciplinary Actions
Cooiej of documents concerning disciplinary actions taken by a supervisor or _
Department Manager must be placed 1n-the-employe-central:Personnel File.
There will be no disclosures of this information :.to.Jhird..parties except as
authontect by State or Federal law as requiredjW court_or_deL._or. as duly
authonzed in wntrnq by the employee.
C. Medical Information
All employee or applicant medical information will be kept in separate,
confidential files located in the Human Resources Division and in compliance
with the Americans with Disabilities Act and the California Confidentiality of
Medical Information Act.
"Medical information" means any information that identifies the employee or
applicant and pertains to his or her medical history, mental or physical condition,
or treatment. The City will not obtain employee or applicant medical information
without prior written authorization from the employee or applicant who is the
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 subject of the
information, unless the City is required to make such disclosure pursuant to the
requirements of the California Confidentiality of Medical Information Act, in which
case it ma make the disclosure without ern to ee or a !leant authorization.
In an case the Cit will release onl the s ecific medical information that is
identified in the em to ee or a licant's authorization or that is s ecificall
re wired for corn fiance with the Confidentialit of Medical information Act.
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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 employee showing the
name, title of position, the department assigned, salary, change in employment
status, W-4 forms, payroll deductions, and such other information as may be
considered pertinent by the Finance Director.
There will be no disclosures of this information to third parties except as
authorized by State and Federal law, as required by court order, or as duly
authorized in writing by the employee to third parties.
E. Employee Access to Documents in Personnel Files
An employee shall be provided a copy of any documents placed in his or her
personnel file(s), and may review his or her file on request.
Upon request, an employee may place documents in his or her personnel file that
commend his or her job performance with the City or demonstrates educational
attainment.
Disciplinary documents shall be placed in personnel files in accordance with
applicable City policies.
Employees may be required to pay a reasonable fee for copies of their payroll
and/or personnel file documents.
F. Access to Files
No person other than the employee, City Manager, City Attorney, the City's Legal
Counsel, Human Resources, the employee's hiring department manager, or their
immediate supervisor shall have access to an employee's central or department
personnel file without prior written consent from the employee.
No person other than the Finance Director, Assistant Finance Director, payroll
division staff, City Manager, City Attomey, or the Director of Human Resources
shall have access to an employee's payroll file.
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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.
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