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Home My WebLink AboutSS3 - Employee Policy ManualStudy Session Item No. 3 CITY OF NEWPORT BEACH Human Resources Department TO: Mayor & Members of the City Council FROM: Human Resources Director RE: Employee Policy Manual DATE: October 23, 2001 I!1 40 milli" col 01 The City is obligated, pursuant to MOD's with various Employee Associations, to prepare an Employee Policy Manual (Manual). The City Attorney and Human Resources Director began preparing the Manual in 1998 and the first draft was transmitted to Employee Associations and unrepresented employees for comment in September 1999. Since then, the Manual has undergone hundreds of revisions in response to comments from Employee Associations, unrepresented employees, the Civil Service Board and special counsel. The City currently utilizes a much less comprehensive Manual, which has not been revised since February 22, 1988. BACKGROUND The Manual is, for the most part, a compilation of existing personnel rules and practices such as our leave policies, recruitment and selection procedures and performance evaluations. However, the Manual does contain new policies that are required by Federal law such as a "drug and alcohol free workplace" policy and a family medical leave policy. The Manual also contains some new policies designed to protect workers such as an "anti- violence" policy and a fitness for duty policy. The Manual provisions are superseded by conflicting language in an MOU, the Civil Service Rules, the Charter or the Civil Service Ordinance. Staff would like input from the Council and other interested parties before conducting a final review with employee associations and unrepresented employees. We anticipate submitting the final draft of the Manual to the City Council for approval on December 11, 2001, Linnea 1vingston Human Resources Director CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 October 18, 2001 TO: Honorable Mayor, Members of the City Council FROM: Civil Service Board SUBJECT: EMPLOYEE POLICY MANUAL The Board appreciates the opportunity to participate in the forthcoming October 23rd Council Study Session, which will provide an opportunity to resolve pending questions in order to reach mutual understanding of that which is hopefully now a final draft. This document has been a work in progress since 1995 and the subject of six drafts. The Board's approval recommendation, required by Ordnance No. 866, Section 5(b) is of course contingent upon its informed understanding of and agreement with the contents of this pending draft. In its advisory capacity, the Board submits its analysis of the latest Draft 46 submitted to the Board October 15`. Review and comments on the current Draft have resulted in the attached analysis, which incorporates each Board Member's independent review. Respectfully submitted, Ro . Fost Chair Paula Godfrey, Vice Chair Bert Carson Commissioner Cc. City Manager Human Resources Director City Clerk James M. Dunlap, Jr. L Commissioner 3300 Newport Boulevard, Newport Beach io 301 October 18, 2001 Essentially all of the Board's previous comments have been satisfactorily incorporated except as noted below. HANGING CHADS Prior Comments Not Included or Resolved And Additional Comments re: latest draft. 1. Section 1. General Provisions Page 1 1.3 Purpose Suggest the City's Personnel Policy should include an additional enumeration: "Provision of a forum to resolve employee grievances and appeals." 1.7 Department Procedures Page 4 Suggest the next to the last line read: "....provided any such Memoranda of Understanding or 12olic ...." 2. Section 2. Definitions Page 6 Suggest Addition of R.5 Definition of Safety Employee. 3. Section 4 Administration of The Personnel System Page 21 4.0.0 City Manager Duties Please clarify. Is this to be one manual to each unrepresented employee? 4. Section 5. Recruitment and Selection Page 27 5.7.13 Duration of Eligibility List Suggest Revision of line 6 to read: "....Director for non -Civil Service Positions...." 5.7.E Disqualification. (As applicable to applicants only) Is there a legal mandate requiring formalization Page 28 of present policy? The board understands this provision is intended to confirm that which has heretofore been the City 's practice to avoid Applicant discrimination; however in this Section it is suggested that the placement on any Eligibility List in all cases should be contingent upon to the City Manager's waiver as specified in Section 6 Appointments (Applicable to appointments only) � ,� . . . ... ,, j+ i. � ,� . . -2- 5. Section 6 Appointments (As applicable to appointments only) Page 31 Please clarify the interrelationship of Sub Section 5.7.E and Sub - Section 6.5 as to how and when City Manager discretion becomes appropriate when Human Resources Director has already determined eligibility or non- eligibility. In this most sensitive area shouldn't determination in all events be properly that of the City Manager? And if so, at what point? 6.5 Criminal Conduct Permits City Manager to waive prior felony status upon good showing. This interrelates to query re: Section 6.Appointments 6. Section 7 Probationary Period. 7.1 Period of Probation. Page 34 Revise next to last line to read: "....total probationary period of not less than of twelve (12) months established by the Department Director." Should distinction be made between Safety and non- Safety employees in this last sentence 7. Section 10 Attendance and Hours of Work. Page 43 The current draft does cover such contingencies as related to Flex time and Sick Leave, but does not cover other circumstances. For consistency suggest inclusion of similar language. "The employee shall notify his/her Department by phone as soon as possible after the need for late reporting or absence becomes apparent, but no later than within one- half (1/2) hour of the employees start time." 8. Section 12 Disciplinary Actions 12.2 Definition of Certain Disciplinary Actions. Page 56 Renumber actions included to accommodate deletion of (2) 12.3 Informal or formal Counseling . Page 56 Suggest Line 1, Delete "Formal or" and commence with "Informal... Define ..." minor performance problems..." Line 3 ,Delete "The" and commence with "Formal..." Revise last line to read ... "either formal or..." 52 12.9 Resignation — An Alternative to Disciplinary Action. Page 58 Should terms of conditional and deferred resignation be defined so as to insure Employee's understanding? 12.10 Documentation of Disciplinary Action Page 58 Revise second line to read: "....or a discharge.... 9. Section 13 Disciplinary Procedures Page 59 13.0.A Regular Employees This Sub - Section anticipates Disciplinary Actions subject to Sub - Section 13.4 limited Civil Service Appeal rights. Suggest consideration relative to questioned status of Sub - Section 13.4 Appeal to the Civil Service Board Suggest appropriate revision of both Sub - Sections 13.0.A and 13.4. 13.03 Other Employees Please clarify the application of this provision. Terms of "Name Clearing" and impact on "liberty Interest as defined by current law" should not require Employee resort to legal talent for understanding. 13.4 Appeal to the Civil Service Board Page 61 Eliminates existing Employee Civil Service Board appeal rights in cases of suspensions of one (1) day or less, or the equivalent reduction in pay or accrued leave. This change would appear unsustainable due to existing mandates of: Cily Charter Article 711.0 Ordnance 866 Section 5 Municipal Code Sections 2.24.050 & 2.24. 10 Additionally constitutionally flawed by reducing Employee existing rights to due process 13.6 Preparation and Attendance. Correct line 2 to read: Page 62 "....an appeal for a disciplinary hearing...." Eliminates pay for hearing attendance. Penalizes successful Grievant or Appellant while imposing no such loss on opposing Parties of witnesses. Provision appears lacking in equity go 10. Section 14. Grievances 14.0 Matters Subject to Grievance Procedures. Page 62 Suggest insertion of confidentiality provision currently incorporated at 14.1.K 14.8 Miscellaneous Page 64 Employee should not be required to first complete a potentially dangerous assignment and thereafter grieve the order, but instead should initially be afforded to refuse service of any assignment which reasonably appears to endanger health or safety. It would appear to be in the City's best interests, as a matter of conservative risk management, to always undertake an approach that minimizes or eliminates any avoidable risk to health or injury. A "lawful order" may nonetheless be improper 14.11 Grievance Procedure -Step 3 Page 65 Recognizing the Section 1.2 Scope conflict provisions, for purposes of ease of reading, consider the following: "Should state that the City Manager's decision shall be final, subject however to the provisions of the applicable MOU." Step 4 It would appear that this provision applicable to General Grievances which retains Civil Service Board jurisdiction has been deleted and should be reinstated. Appendix B Drug and Alcohol Policy Sections 7 and 8 require modification to accommodate Safety Employee possession and/or use while lawfully engaged in their official duties. #y63 10 /rgoi STUDY SESSION OCTOBER 23, 2001 HARD POINTS Section 5.7.E Disqualification Delete E.2 relating to Human Resources Director's determination of ineligibility based upon Applicant's criminal history. 6.5 Criminal Conduct Revise second sentence to read: Placement on any Eligibility List shall be at the sole discretion of the City Manager who may waive the provisions of this Section based upon substantial evidence of mitigating circumstances." 13.4 Appeal to the Civil Service Board Remains subject to Board's earlier objections supported by opinion of Board Counsel. 14.8 Miscellaneous (Grievences) Remains subject to Board's earlier objections to the requirement that an Employee must first complete a potentially dangerous "lawful" order as a condition of filing a grievance. A "lawful" order may nonetheless be improper. This condition appears contrary to Conservative Risk Management. Objectives of Employee Policy Manual To eliminate inconsistencies, provide clarification, uniformity and to reflect considerations for improvement City Manager Communication September 15, 1999 PO 0 'QC f Vo R'4. CITY O F NEWPORT 'PORT BEACH EMPLOYEE POLICY MANUAL The Newport Beach City Council wants to express its appreciation for the Employees that provide such outstanding service to the people who live, work or visit this beautiful City. This Manual is the product of suggestions from many Employees and is another example of their hard work, their integrity and their values. This Manual also confirms the City Council's commitment to treat all Employees fairly, to provide a safe work environment and to give every Employee the opportunity for promotion and professional growth. TABLE OF CONTENTS SECTION TITLE SECTION 1 GENERAL PROVISIONS SECTION 2 DEFINITIONS 2.0 Definition of Words and Terms .... ............................... 2.1 Construction .................................. ............................... SECTION 3 STANDARDS AND PRACTICES 3.0 Authority 1.0 ....................................... ............................... 3.2 Title 1.1 ................................................ ............................... 1.2 Scope ............................................. ............................... Purpose 1.3 ......................................... ............................... 1.4 Application .................................... ............................... 1.5 Adoption and Amendment of Rules ........................... 1.6 Validity of Personnel Policies (Severability) ............. 3.9 Communications Equipment and Systems Policy.... 1.7 Department Procedures ............... ............................... SECTION 2 DEFINITIONS 2.0 Definition of Words and Terms .... ............................... 2.1 Construction .................................. ............................... SECTION 3 STANDARDS AND PRACTICES 3.0 Basic Principles ............................. ............................... 3.1 Fair Employment Practices ........... :............................. 3.2 Discrimination and Harassment ... ............................... 3.3 Political Activities .......................... ............................... 3.4 Conflicts of Interest and Acceptance of Gifts and OtherGratuities ............................. ............................... 3.5 Incompatible Activities ................. ............................... 3.6 Drug and Alcohol Free Workplace .............................. 3.7 Smoking Prohibited ....................... ............................... 3.8 Safety and Health .......................... ............................... 3.9 Communications Equipment and Systems Policy.... 3.10 Personal Telephone Calls ............. ............................... 3.11 Search of Lockers, Desks, and Other Containers ..... 3.12 Outside Employment ..................... ............................... 3.13 Recording of Conversations ........ ............................... 3.14 Work Place Security and Anti - Violence Policy.......... 3.15 Fitness for Duty .............................. ............................... 3.16 Qualifications .................................. ............................... 3.17 Disaster Service Workers .............. ............................... SECTION 4 ADMINISTRATION OF THE PERSONNEL SYSTEM 4.0 City Manager's Duties .................... ............................... 4.1 Supervisor's Duties .......................... ............................... 4.2 Open Door Policy .............................. ............................... 4.3 Employees Records and Files ........ ............................... 4.4 Preparation, Adoption and Amendment of Classification Plan ......................................................... 4.5 New Positions .................._............... ............................... 4.6 Compensation Plan ....................... ............................... SECTION 5 RECRUITMENT AND SELECTION 5.0 Goals .............................................. ............................... 5.1 Recruitment ................................... ............................... 5.2 Job Announcements ..................... ............................... 5.3 Personnel Applications ................. ............................... 5.4 Evaluation of Applications ........... ............................... 5.5 Selection Techniques ................... ............................... 5.6 Review of Examination ................. ............................... 5.7 Eligibility List ................................. ............................... SECTION 6 APPOINTMENTS 6.0 Appointment Process .................................................... 6.1 Salary at Appointment .................. ............................... 6.2 Pre - Employment Physical ............ ............................... 6.3 Nepotism Policy ............................ ............................... 6.4 Fingerprinting and Background Checks .................... 6.5 Criminal Conduct ........................... ............................... 6.6 Appointments from Lists .............. ............................... 6.7 Emergency Appointments :.......... ............................... 6.8 Interim Appointments ................... ............................... 6.9 Acting Appointments .................... ............................... 6.10 Transfer .......................................... ............................... 6.11 Promotion ...................................... ............................... 6.12 Demotion 6.13 ........................................ ............................... Re- Employed and Reclassified Employees .............. SECTION 7 PROBATIONARY PERIOD 7.0 Purpose ......................................... ............................... 7.1 Period of Probation ...................... ............................... 7.2 Extension of Probation ............... ............................... 7.3 .Rejection of Probationer .............. ............................... 7.3 Effect of Absence ........................ ............................... SECTION 8 TRAINING AND CONTINUING EDUCATION 8.0 Purpose ......................................... ............................... 8.1 In-House Training ......................... ............................... 8.2 Department Training .................... ............................... 8.3 Training and Travel Reimbursement ......................... 8.4 Tuition Reimbursement ............... ............................... SECTION 9 PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS 9.0 Employee Performance Evaluation ............................ 9.1 Merit Steps Progression ............... ............................... 9.2 Reclassification /New Classifications ......................... 9.3 Re- Employment of Former Employees ...................... SECTION 10 ATTENDANCE AND HOURS OF WORK 10.0 Overtime ......................................... ............................... 10.1 No Guarantee of Hours ................. ............................... 10.2 Time Sheets ................................... ............................... 10.3 Constructive Resignation ............. ............................... 10.4 Lunch and Break Policy ................ ............................... SECTION 11 LEAVES 11.0 Flex Leave ...................................... ............................... 11.1 Vacation Leave .............................. ............................... 11.2 Sick Leave ..................................... ............................... 11.3 Bereavement Leave ....................... ............................... 11.4 Holiday Leave ................................ ............................... 11.5 Jury Duty and Witness Leave ....... ............................... 11.6 Family and Medical Leave ............ ............................... 11.7 Leave of Absence Without Pay .... ............................... 11.8 Special Paid Leave ........................ ............................... 11.9 Military Leave ................................. ............................... 11.10 Administrative Leave .................... ............................... 11.11 Voting Leave ...............:.................. ............................... 11.12 Workers' Compensation Benefits and Industrial Accident Leave ............... ............................... SECTION 12 DISCIPLINARY ACTIONS 12.0 General Principles .......................... ............................... 12.1 Grounds of Disciplinary Action ..... ............................... 12.2 Definition of Certain Disciplinary Action ..................... 12.3 Informal or Formal Counseling ..... ............................... 12.4 Written Reprimand ......................... ............................... 12.5 Performance Improvement Program (PIP) .................. 12.6 Disciplinary Suspension ................ ............................... 12.7 Demotion ......................................... ............................... 12.8 Discharge ........................................ ............................... 12.9 Resignation - An Alternative to Disciplinary Action.. 12.10 Documentation of Disciplinary Action ......................... 12.11 Employee Representation ............. ............................... SECTION 13 DISCIPLINARY PROCEDURES 13.0 Disciplinary Procedures ................. ............................... 13.1 Administrative Suspensions .......... ............................... 13.2 Skelly Procedure /Due Process ...... ............................... 13.3 Appeal of Department Director's Decision ................... 13.4 Appeal to Civil Service Board ........ ............................... 13.5 Final Decision .................................. ............................... 13.6 Preparation and Attendance ........... ............................... SECTION 14 GRIEVANCES 14.0 Matters Subject to Grievance Procedures ................... 14.1 Matters Not Subject to Grievance Procedures ............ 14.2 Freedom from Reprisal ................... ............................... 14.3 Consolidation .................................. ............................... 14.4 Resolution ........................................ ............................... 14.5 Withdrawal ...................................... ............................... 14.6 Resubmission ................................. ............................... 14.7 Employee Representation ............. ............................... 14.8 Miscellaneous ................................. ............................... 14.9 Grieyance Procedure — Step 1 ...... ............................... 14.10 Grievance Procedure — Step 2 ...... ............................... 14.11 Grievance Procedure — Step 3 ......... ............................... 14.12 Time Limits ..................................... ............................... SECTION 15 REDUCTIONS IN FORCE 15.0 Reductions in Force/ Layoffs ......... ............................... 15.1 Definitions ...............:....................... ............................... 15.2 Procedure ........................................ ............................... 15.3 Notice .............................................. ............................... 15.4 Re- Employment .............................. ............................... 15.5 Severance ....................................... ............................... SECTION 16 ON -CALL TIME AND CALL BACK DUTY 16.0 On -Call Time ................................... ............................... 16.1 Call Back Duty ................................ ............................... APPENDIXES A B C D E UNLAWFUL DISCRIMINATION AND HARASSMENT POLICY DRUG AND ALCOHOL POLICY COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY FAMILY AND MEDICAL LEAVE POLICY ORGANIZATIONAL VALUES AND BEHAVIORS iv SECTION 1. GENERAL PROVISIONS 1.0 Authority This Manual is promulgated pursuant to authority granted to the Newport Beach City Council by the California Constitution, the Newport Beach City Charter and the Newport Beach Municipal Code. 1.1 Title This document shall be known as the Employee Policy Manual of the City of Newport Beach and is referred to as the "Manual" in the text. 1.2 Scope The Manual establishes certain rules that are subject to the provisions of the Myers - Milias - Brown Act (MMB) or what is commonly referred to as the "scope of representation." The City and all Recognized Employee Associations have, with respect to all matters addressed in this Manual that are within the scope of representation, met and conferred, in good faith, prior to City adoption of this Manual. The provisions of a Memorandum of Understanding (MOU) with respect to any matter within the scope of representation shall prevail over the provisions of this Manual in the event of a conflict. The City Charter, Civil Service Ordinance and /or Civil Service rules shall prevail over the provisions of this Manual in the event of a conflict. The provisions of State or Federal law shall prevail over provisions of this Manual in the event of any conflict. 1.3 Purpose The purpose of this Manual is to establish a system of uniform and equitable personnel rules and procedures based on principles of fairness and merit that enhance the City's ability to deliver high quality and cost effective public services by maintaining a positive work environment. Some of the basic tenets of the City's personnel philosophy include: A. Recruiting, appointing and promoting Employees on the basis of their relative ability, knowledge and skills. B. Retaining Employees who satisfactorily perform their duties, making reasonable efforts to ensure that Employees have the skills and incentive to perform their duties in a satisfactory manner and using progressive discipline to correct or respond to unsatisfactory performance or misconduct. 1 C. Assuring impartial treatment of applicants and Employees in all aspects of personnel administration without regard to race, religion, creed, ethnicity, sex, age, marital status, sexual orientation, political affiliation, national origin, or physical or mental disability. D. Rewarding Employees who, through their work and treatment of fellow Employees and /or the public, have demonstrated their value to the City by promotion, increases in compensation or other forms of recognition, subject to prudent fiscal policy and adequate fiscal resources. E. Establishing and consistently applying rules of conduct, standards of performance and equitable disciplinary procedures, for both managers and their subordinates that promote public trust and confidence, create a good working environment, and ensure high productivity. F. Ensuring that supervisory employees have the training, education and skills necessary to motivate, educate and evaluate subordinates as part of the City's overall program to provide high quality municipal services. 1.4 Application This Manual shall apply to all City offices, Positions, and employment except: A. Elected officials. B. Members of appointive boards, commissions and committees whether or not established pursuant to the Charter, ordinance or resolution. C. Persons performing duties pursuant to contract but not occupying a Classification in the Classification Plan except to the extent provisions of this Manual are incorporated into the contract. D. Volunteer personnel who receive no regular compensation other than reimbursement for expenses from the City. E. Outside or independent contractors engaged to provide expert, professional, technical or other services. F. Emergency Employees, including those hired to meet the immediate needs of an emergency condition such as fire, flood or earthquake. This Manual applies to Provisional Employees whenever the provisions are expressly applicable (such as when specific provisions relate solely to Provisional Employees) or when this Manual refers to an Employee or Employees generally (as opposed to Regular Full Time Employee for example). 2 1.5 Adoption and Amendment of Rules A. The City Council has the authority to adopt this Manual pursuant to provisions of the City Charter and the Newport Beach Municipal Code subject to applicable provisions of State and Federal law. Amendments to this Manual proposed by any Recognized Employee Association may be submitted to the Human Resources Director who shall refer them to the City Manager for consideration and an appropriate response. The City shall provide all Recognized Employee Associations with advance written notice and an opportunity to meet and confer concerning any proposed amendment to this Manual that affects matters within the scope of representation. B. The City has adopted comprehensive personnel policies that are required by, or help implement, provisions of State and /or Federal Law. These comprehensive policies are summarized in this Manual and included in the Appendix. The City shall have the right, without meeting and conferring with any Recognized Employee Association or consulting with any unrepresented Employee, to modify these comprehensive policies and relatl?d provisions of this Manual whenever the modification is required, as opposed to permitted, by virtue of any amendments to any State or Federal law, rule or regulation, or a ruling of a court of competent jurisdiction. The City will meet and confer prior to making any change in any policy in the Appendix that affects matters within the scope of representation when the change is permitted, as opposed to required, by any State or Federal law, rule or regulation or court ruling. C. In cases of emergency when the City Council determines that amendment(s) to this Manual must be adopted without prior notice or meeting with any Recognized Employee Association as authorized by provisions of State law, the City shall provide notice and opportunity to meet at the earliest practical time following the adoption of the amendment(s). Amendments shall become effective upon adoption by the City Council. 1.6 Validity of Personnel Policies (Severability) If any section, subsection, sentence, clause, phrase or portion of this Manual is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Manual. The City Council declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Manual irrespective of the decision of the court. 3 1.7 Department Procedures Department Directors may promulgate rules or procedures that pertain to matters covered by this Manual or matters outside the scope of this Manual. Department rules or procedures shall not conflict with provisions of this Manual and, in the event of conflict, this Manual shall prevail. Department rules or procedures should generally relate to the specific and unique mission, role, duties or functions of the Department or its Employees. Department rules or procedures that pertain to matters covered by this Manual must be submitted to the City Manager for his /her review and approval before they become effective. The City shall meet and confer in good faith with respect, and prior, to the adoption of any Department rule or procedure that relates to matters within the scope of representation. This manual does not alter °°"}i^^ ;� n ^t intended to g#PC,t or supercede any existing Memoranda of Understanding or Department Polices in hate of adoption provided the policy does not +a— conflict with ::. this Manual. SECTION 2. DEFINITIONS 2.0 Definition of Words and Terms The words and terms used in this Manual shall be defined as follows: A. Appointing Authority shall mean the City Manager or his /her designee. B. Appointment shall mean the decision to employ a person in a Position or a- decision to employ a person to perform work authorized in the annual budget. C. Base Rate of Pay shall mean an Employee's base compensation, salary or hourly rate of pay as specified in the Compensation Plan or relevant MOU. D. Certification shall mean the process by which the Human Resources Director identifies candidates for a Position who have successfully completed all preconditions to an Appointment by designating those candidates on an Eligibility List. E. City Manager shall mean the City Manager of the City or his /her designee. F. Civil Service Employee shall mean an Employee covered by the Civil Service System. The Civil Service System shall mean the system for personnel administration created by the City Charter, Ordinance No. 866 4 (Civil Service Ordinance) and the then current Civil Service Rules adopted by the Civil Service Board and approved by the City Council. G. Classification shall mean those Positions sufficiently similar in duties, responsibilities, authority, and minimum qualifications to warrant application of common standards of selection and compensation including designation by a single title. H. Classification Plan shall mean the document prepared by the City Manager and approved by the City Council that, at a minimum, designates Positions, Classifications and Classification Series. Classification Series shall mean a group of Classifications that extend from an entry level to the highest level based on increasing number and /or complexity of duties, responsibilities, job requirements and authority. J. Classification Specification shall mean a written description of a Classification specifying the duties and responsibilities to be performed by all Positions in that Classification. K. Crime of Moral Turpitude shall mean a crime involving conduct that is contrary to justice, honesty, or good morals as that term may be defined in relevant statutory or decisional law. L. Date of Hire shall mean the date on which an Employee first reported for duty pursuant to the Employee's first Appointment to a Full Time Position. M. Day shall mean a calendar day unless expressly stated otherwise. N. Demotion shall mean the voluntary or involuntary reduction of an Employee from his /her then current Classification to another Classification having a lower Base Rate of Pay or to a lower Step in his /her current Classification or the equivalent action if the Employee does not occupy a Position in a Classification. O. Department Director shall mean the Regular Full Time Employee who manages, and is primarily responsible for achieving the mission of, an established City Department. P. Discipline shall mean the discharge, demotion, reduction in step, pay, compensatory time or leave, placement on probation, suspension, transfer, reassignment other action taken to correct an Employee's performance or as punitive action. Discipline does not include an oral reprimand, formal counseling or informal counseling. 5 Q. Discharge shall mean the involuntary separation of an Employee. R. Employee shall mean a person occupying a Position identified in the Classification Plan or who is employed to perform work identified in the approved Annual Budget. The term Employees includes the following: 1. Regular Full Time Employee shall mean an Employee who has been appointed to a Regular Full Time Position and has completed his /her Probationary Period. 2. Regular Part Time Employee shall mean an Employee who has been appointed to a Regular Part Time Position and has completed his /her Probationary Period. 3. Probationary Employee shall mean an Employee who has been appointed to a Regular Full Time Position or Regular Part Time Position and has not successfully completed his /her Probationary Period. 4. Provisional Employee shall mean any person who, pursuant to an Appointment, contract or otherwise, performs work that is generally identified in the Annual Budget and is of limited duration or seasonal in nature. References to 'Regular Employee(s)" shall mean all Regular Full Time and Regular Part Time Employees. The term "Exempt Employee" shall mean an Employee who is qualified as exempt from overtime compensation pursuant to the FLSA. S. Eligibility Lists 1. Open Eligibility List shall mean a list of persons who have taken an Open Examination for a Classification and are eligible for Appointment to a Position in that Classification. 2. Promotional Eligibility List shall mean a list of persons who have taken a Promotional Examination for a Classification and are eligible for Appointment to a Position in that Classification. 3. Re- Employment List shall mean a list of Regular Employees and Probationary Employees who have been laid -off, reassigned or reduced in Classification in lieu of layoff, or were otherwise involuntarily separated from City service for reason(s) unrelated to performance and are eligible for rehire. N T. Examination shall mean any procedure used in the selection process to measure an applicant's abilities and suitability for a Position including oral interviews, written examinations, performance tests, evaluation of performance during Probation, and an evaluation of education and work experience relevant to the primary duties of the Position. Examinations include the following: 1. Open Examination shall mean an Examination for a Classification that is open to all persons meeting the qualifications for the Classification. 2. Promotional Examination shall mean an Examination for a Classification that is open to any current Employee who meets the qualifications for the Classification. 3. Continuous Examination shall mean an Open Examination that is administered periodically and is open to all persons meeting the qualifications for the Classification. U. FLSA shall mean the Fair Labor Standards Act and implementing regulations adopted by the Department of Labor. unian resources Director shall mean the iurnan Kesoui )irecior ,r similar position designated by the City [vIa =lager to - peilorm [he crors required by this Manual as weli as the designee of the Hurnan Resources Director. 'AI. Immediate Family shall mean father, mother, brother, sister, wife, husband or child, and the Employee's spouse's mother, father, brother, sister or child. -?. Layoff or Reduction in Force shall mean the elimination of a Position or Positions due to reorganization, lack of work, reduction in services, privatization of services, or lack of funds. ".' Leave shall mean the authorized absence of an Employee from his /her place of work. feet and Confer in Good Faith shall rnean that a public acency. or such -r--.4 °!liatlVeS as It maV deSlq Hate. and !'epl-eS °n ici LI -of re:;OQ111Zed `0!ovee Organizations. shall have the rnuiva' obticiatlon personaily to r_: confer promptly upon request bV either ,;arty amc contir,uc Tor a i.i n,ar?le -er!Od Ct time II'. 01'd @I" to eXCn£:nC!e I PeiV !ntom!iat!an. ` s. and proposals and to endeavor tC ry ^ ^-acn agreerment or: rm?tters "'e scope of representation prior to the adouTion by th-e oubiic 7 rc, : s Tir:a; budget for the ensuing year. - -. Personnel Action Form shall mean the form that is the official record of any action affecting or related to employment status including action taken with reference to Appointment, Promotion, Transfer, Layoff, Discipline, or any other matter affecting the compensation of the Employee. Position shall mean the year round employment of one person as specified in the Classification Plan and /or the budget and includes: 1. Regular Full Time Position shall mean the employment of one person who is scheduled to work at least forty (40) hours a week or the equivalent if scheduled other than on a weekly basis. 2. Regular Part Time Position shall mean the employment of one person who is scheduled to work an established schedule of less than forty (40) but at least sixteen (16) hours a week or the equivalent if scheduled other than on a weekly basis. 3. Regular Position shall mean both Regular Full Time Positions and Regular Part Time Positions. Probationary Period shall mean the period of time, subsequent to the Appointment of an Employee to a Regular Position during which the Employee is required to demonstrate his /her fitness for, and ability to perform the duties of, the Position. A Regular Employee is considered to be "on Probation" during his /her Probationary Period. Promotion shall mean the Appointment of an Employee from a Position in one Classification to a Position in another Classification having a higher Base Rate of Pay or higher maximum Salary Range or any similar action. Reclassification shall mean a change in Classification of an Employee based on an evaluation of the duties and responsibilities he /she actually performs in relation to those of the Classification he /she occupies. 0 OirpGtor rnaan the NE m-- I �:, c4�n —shah NI-Pup! nc %A-11 .-c Position shall mean the year round employment of one person as specified in the Classification Plan and /or the budget and includes: 1. Regular Full Time Position shall mean the employment of one person who is scheduled to work at least forty (40) hours a week or the equivalent if scheduled other than on a weekly basis. 2. Regular Part Time Position shall mean the employment of one person who is scheduled to work an established schedule of less than forty (40) but at least sixteen (16) hours a week or the equivalent if scheduled other than on a weekly basis. 3. Regular Position shall mean both Regular Full Time Positions and Regular Part Time Positions. Probationary Period shall mean the period of time, subsequent to the Appointment of an Employee to a Regular Position during which the Employee is required to demonstrate his /her fitness for, and ability to perform the duties of, the Position. A Regular Employee is considered to be "on Probation" during his /her Probationary Period. Promotion shall mean the Appointment of an Employee from a Position in one Classification to a Position in another Classification having a higher Base Rate of Pay or higher maximum Salary Range or any similar action. Reclassification shall mean a change in Classification of an Employee based on an evaluation of the duties and responsibilities he /she actually performs in relation to those of the Classification he /she occupies. 0 EE. Recruitment shall mean the process of attracting qualified persons to participate in a selection process for Appointment or employment. FF. Re- Employment shall mean the Appointment of a former or current Employee, without examination, to the Position he /she occupied prior to separation, demotion, reassignment or transfer due to layoff or similar action and typically from a Re- Employment List. GG. Resignation shall mean an Employee's voluntary Separation. HH. Salary Range shall mean those amounts, inclusive of and between the lowest Base Rate of Pay and the highest Base Rate of Pay for any Classification, that an Employee is capable of earning while he /she occupies a Position in that Classification. II. Separation shall mean the termination of an Employee's employment with the City for any reason. JJ. Step shall mean one of the Base Rate of Pay increments within the Salary Range for any Classification. KK. Step Increase shall mean a decision that an Employee's performance merits a change from his /her current Step to the next Step or a higher Step in the Salary Range established for his /her Classification. LL. Supervisor shall mean any Regular Employee with the responsibility for making decisions (using his /her independent judgment) assigning and directing the work, rewarding or disciplining, for adjusting grievances of another Employee or Employees and /or the person who prepares the Performance Evaluation of that Employee. MM. Suspension shall mean a directive that an Employee not receive compensation for, and not perform, his /her normal duties during a defined period of time when he /she would otherwise be scheduled to work. NN. Transfer shall mean the assignment or reassignment of an Employee from a Position in a Department to the same or similar Position in a different division in that Department or in another Department when there is a change in the Employee's Position Control Number for purposes of budget and payroll. The term "transfer' shall not mean the reassignment of an Employee within a Department that is part of a standard rotation of personnel or in response to changes in the work of the Department when there is no change in the Employee's Position Control Number. 00. Vacancy shall mean an authorized Position for which funds are available 0 that is not occupied by a Regular Employee or a Probationary Employee. PP. Work Period shall mean the standard Work Period for each non- exempt Employee Classification within a Department as established by the Department Director. As a general rule the standard Work Period is a fixed regularly recurring period of seven (7) consecutive 24 -hour periods beginning midnight on Saturday. However the needs of the City and the desires of Employees differ greatly among various departments and schedules may be adjusted accordingly. The Department Director may establish different Work Periods for different Employees or Classifications. Work Periods must be fixed, in advance, and, once established, can only be changed when the change is intended to be permanent or address seasonal fluctuations in workload and timing. Work Periods may not be changed to avoid the requirement to pay overtime pursuant to provisions of the FLSA. The provisions of this definition do not guarantee any specific number of hours to be worked in any 24 -hour period, or the hours or Days to be worked in any Work Period. Examples of work periods include: 1. 9180 Schedule. The Work Period for the 9/80 Schedule is seven (7) consecutive 24 -hour periods beginning at noon on Friday if the Employee takes an alternating Friday off, or noon on Monday if alternating Mondays are taken off. This schedule allows for eight (8), nine (9) hour Workdays, one (1) eight (8) hour Workday and one (1) alternating Workday off. 2. 4110 Schedule. The Work Period for the 4/10 Schedule is seven (7) consecutive 24 -hour periods beginning midnight on Saturday with four (4) ten (10) hour Workdays during each Work Period. 3. 3112 Schedule. The Work Period for the 3/12 schedule and similar schedules is twenty -eight (28) Days with the Days to be worked typically determined by seniority or other method established by MOU. 4. Work Periods in excess of seven (7) Days are applicable only to certain Police and Fire Department Employees as authorized by, and consistent with, FLSA. QQ. Workday shall mean the number of hours an Employee is scheduled to work during any 24 -hour period. RR. Written Reprimand shall mean a written notice of unsatisfactory performance or misconduct given to an Employee as discipline. WE SS. Y -Rate shall mean maintaining the Base Rate of Pay of an Employee who was voluntarily or involuntarily Transferred, Demoted or Reclassified to a lower Classification until the Employee would be entitled to the same or greater Base Rate of Pay in the lower Classification. 2.1 Construction For purposes of this Manual the following rules of construction shall apply: A. The words "include" or "including" shall be construed to mean "without limitation." B. Unless otherwise indicated by the context or definitions, words, terms and phrases shall have their ordinary and customary meaning. C. The Table of Contents, Section, Subsection and Paragraph captions are for the convenience of the reader and shall not be considered in the construction or interpretation of this Manual. D. The Table of Contents, Section, Subsection and Paragraph of this Manual do not define, limit, augment, or describe the scope, content, or intent of this Manual. SECTION 3. STANDARDS AND PRACTICES 3.0 Basic Principles A. General. All Employees are expected to fully comply with the rules and standards of conduct established by this Manual. Employees are also expected to advise their Supervisor, or Department Director, ar the Human Resources Director if the Supervisor is in any way involved, of any Employee's violation of the rules and standards of conduct established by this Manual. B. Values and Standards. The Employees have, through a collaborative process, established the values and behavioral standards that should guide each Employee in the performance of his /her duties. These "organizational values" and "organizational behaviors" are described in the Appendix and may be revised by the Employees from time to time. In accordance with these values and standard each Employee is expected to: 1. Be respectful, patient and fair with other Employees and members 11 of the public. 2. To perform their duties in a competent and efficient manner with a commitment to providing the public and /or other Employees with the best service possible. 3. Not to give special treatment to, or discriminate against, any person in the performance of their duties. Employees are not required, and are not expected, to deal with any person who physically or verbally threatens, harasses or abuses the Employee or another person in that Employee's presence. In such event, the Employee shall leave the immediate area and promptly report the incident to his /her Supervisor. 3.1 Fair Employment Practices It is the policy of the City to offer equal opportunity in all matters of employment and personnel administration. Employment with the City is based solely upon the qualifications of the individual applicant, regardless of race, religion, creed, ethnicity, gender, age, marital status, sexual orientation, political affiliation, national origin, or physical or mental disability, unless gender or physical ability is a bona -fide occupational qualification. 3.2 Discrimination and Harassment The City is committed to providing a work environment free of harassment and discrimination on the basis of an Employee's race, religion, creed, ethnicity, gender, age, marital status, sexual orientation, political affiliation, national origin, or physical or mental disability unless such factor is a bona -fide occupational qualification. A comprehensive policy regarding discrimination and harassment is found in Appendix and is incorporated by reference. All Employees are required to read, acknowledge receipt of, and fully comply with the provisions of this Manual and Appendix. This policy defines unlawful harassment and discrimination to include verbal, visual or physical conduct: (a) to which submission could produce a tangible adverse affect on the victim's employment; or (b) that creates a hostile or offensive work environment. The policy expressly prohibits all forms of unlawful harassment and discrimination and requires the victim to promptly report the incident to his /her Supervisor, the Human Resources Director or the City Manager. All Employees are required to comply with, and are protected against the conduct prohibited by, this policy. The City is obligated to, and will, promptly investigate any claim of a violation of the Policy. Any Employee who is the victim of harassment or discrimination and fails to report some or all of the harassment or discrimination as required by this Section shall not be subject to discipline. However, an Employee's failure to report the 12 harassment or discrimination to which he /she was subjected may prevent the City from conducting an appropriate investigation or taking corrective action. The failure of an Employee to report harassment or discrimination to which he /she was subjected may affect the Employee's legal rights and /or legal remedies. 3.3 Political Activities A. The City shall not adopt or enforce any policy or take any action that restricts, or tends to control or direct, the political activities of any Employee except as expressly provided in this Section. For purposes of this Section, the term political activities shall include any communication or activity, including the solicitation of contributions in support of or opposition to the qualification, passage or defeat of a ballot measure or the qualification, nomination, election or defeat of any candidate for political office. The term political activities shall also include those activities covered by or described in Sections 1101, Section 1102 and other provisions of the Government Code of the State of California. The term ballot measure shall mean any initiative, charter amendment, referendum or recall petition that has been submitted for, and received, a title and summary required by provisions of the Elections Code of the State of California. B. No Employee shall use, or threaten use of, his /her actual or perceived authority to the benefit or detriment of any person's existing or contemplated employment or contractual relationship with the City in an effort to influence the vote or political action of that person. C. No Employee shall solicit, directly or indirectly, political contributions from other Employees except: 1. As a member and on behalf of a Recognized Employee Organization (or its political action committee); or 2. Through communications sent outside of his /her Workday and to a significant segment of the public that may incidentally include one or more Employees. D. No Employee shall engage in any political activities while in City uniform or wearing any official indicia of City employment (badges, patches etc.) or a reasonable facsimile of such indicia. E. No Employee shall engage in political activities while on duty during his /her Workday or while using City equipment. 13 3.4 Conflicts of Interest and Acceptance of Gifts and Other Gratuities A. City Employees should perform their duties in a fair and impartial manner, free from bias or influence resulting from their own financial interest or the financial interest of others. The Political Reform Act of 1974 prohibits an Employee from making, or participating in, any decision when it is reasonably foreseeable that the decision could have a material financial impact on a source of income to the Employee or the assets of the Employee. State law and the City Charter prohibit an Employee from having a financial interest in any contract to which the City is a party. Each Employee is required to comply with provisions of State law and resolutions or policies adopted the City Council that are related to conflicts of interest, the reporting of income and business interests, and contracts involving the City and the Employee. Specific requirements include the following: 1. An Employee shall not participate in the consideration or processing of any decision, application, proceeding or other matter involving the Employee's financial interests, including real property, personal property or investments, or those of any member of Employee's spouse or dependent children. The Employee shall disclose to his /her Supervisor any financial interest that may be involved in any such application, discussion, or proceeding. 2. Each Employee shall comply with all applicable provisions of the Political Reform Act of 1974, Regulations adopted by the Fair Political Practices Commission (FPPC) and the City's Conflict of Interest Code, including the reporting of all gifts and economic interests when required to do so. B. The acceptance of gifts or gratuities, such as meals, tickets, presents, and food, from any person having business with the City may be, or create the appearance of, a conflict of interest. To avoid an actual or apparent conflict of interest, each Employee shall: 1. Share gifts that can be shared, such as boxes of candy or food products, with other Employees. 2. Not accept any gift or gratuity when it is reasonably apparent that the gift or gratuity is intended to influence the Employee's performance or non - performance of his or her duties or result in a higher level of service than the donor would otherwise receive. In evaluating whether a gift or gratuity is intended to influence performance or level of service the Employee shall consider the nature, value and timing of the gift or gratuity. 14 3. An Employee who is unsure if nl--p- i a gift or gratuity with a value in excess of twenty -five dollars ($25.00) : ouK constitute a conflict cn *ere st should consult their immediate Supervisor prior to acceptance. 4. Not accept discounts from the posted or regular price of food, beverages, items or services unless the discount is available to members of the general public. C. The provisions of Subsection B shall not apply to Employee solicitation of pledges, contributions, or sponsorship for functions or events sponsored, in whole or in part, by the City that are not intended to benefit any individual. Events and functions such races, health fairs, charitable activities, and activities to protect or preserve the environment do not benefit the individual and Employee solicitations do not create the appearance of a conflict of interest. 3.5 Incompatible Activities During an Employee's Workday, the Employee is expected to devote his /her full time, attention and efforts to the performance of his or her assigned duties. An Employee shall not engage in any outside employment or business activities during his /her Workday. An Employee shall not engage in any employment, outside activity, or enterprise that is inconsistent, incompatible or in conflict with, or that interferes with, his /her ability to perform the duties, functions, or responsibilities of his /her Position excew as 'provided 'n Section No Employee shall engage in Recognized Employee Association activities during that Employee's Workday except during break time, meal periods or as expressly authorized ; =c permitted by the Department Director, Federal law, State law, or MOU. 3.6 Drug and Alcohol Free Workplace The City Council has adopted and requires strict compliance with the City of Newport Beach Drug and Alcohol Policy a copy of which is in the Appendix. The City was required to adopt this policy pursuant to the Drug -Free Workplace Act of 1988. All Employees are required to read, acknowledge receipt of, and fully comply with this policy. The City will not tolerate the use or possession of drugs or alcohol in violation of the terms and conditions of this policy. The purpose of the policy is to ensure that all Employees are performing their duties unimpaired by drugs or alcohol and to protect Employees and the public from the risk or injury or property damage that could result from illegal or improper use of drugs or alcohol. 3.7 Smoking Prohibited 15 Smoking - e any tobacco product is prohibited in all City facilities, in all City vehicles, equipment and rolling stock. Smoking is permitted during meal periods or breaks so long as the Employee is not in any City facility, City vehicle, City equipment or rolling stock, or if prohibited as a condition of employment. 3.8 Safety and Health Each Employee shall comply with all applicable safety laws, rules, and regulations. Each Employee shall follow safety practices, use personal protective equipment as required, and report all unsafe conditions of City property, equipment or practices to his /her immediate Supervisor. 3.9 Communications Equipment and Systems Policy The City has adopted a comprehensive policy relating to the use of all City electronic communications equipment and computer equipment (Appendix). Employees are required to acknowledge receipt of the policy, read the policy and fully comply with the Policy when using City electronic communications equipment or computer equipment. 3.10 Personal Telephone Calls Employees are permitted to make or accept personal calls on a limited basis during their Workday provided the conversations do not prevent the Employee from timely performing his /her normal duties. Employees shall use their best efforts to keep personal telephone calls to a minimum during the Workday and to make personal calls during their meal period(s) or on break(s). Employees shall reimburse the City for the cost of all long distance personal calls and the cost of personal cellular phone calls. 3.11 Search of Lockers, Desks, and Other Containers A. _... . _ .. _ . _. 4 -gpgC'Y' @ O r'r.n :tb, t th; dalf +I- n ...... Lmpicvices am. onieed a naht to orivacv In any areas or Containers ol'o'y!aed J` ,udino out not limited to lockers, desks. file cabinets or ,,,thor ..^rent. B. ram= �, + e „est 'e , v rk „Isted eared 16 .Rd '',QRd—t9d Within rnncGn@ble 1k:P. -o Li- ckerS• •7 ='s KS. file s r other containers provided to Emplovees by the tC',tvvfor their ,;r:enience in performinq work- related duties, u re. and remain, C'ity and the City. as of the date this Manual is first adopted, expressiy rr s the right to search any City- provided locker, desk, f;Ie cabinet, ainer or equipment for any work - related reason. A,ccerdingly, r?iovees are discouraged from placing personal items in such City- d:r,' lockers. desks, file cabinets or containers. C. - nnGy94 2h w'g4gat ^Pd sears" ni 2- a. the 9" i 9YiPPP.`nt DrB`d1'-GG` •.h nr-. h s—a t ,n d b sed gn all Of "e ';—Empk yee fie- r>e reasgnnble e=pestatiGi, „f p ,,^G„ iP the -n *ems g+ t-he tvgrk .j aa, d^sk, IGCk9l' ^.�� r t er i i hn c@@rnhnri nr 'n. ^nerinr7• n 3.12 Outside Employment Employees may obtain and /or maintain employment with persons or entities other than the City (outside employment) subject to approval by the Department Director in conformance with the following: A. Notification. Prior to accepting an offer of outside employment, an Employee shall notify his /her Department Director of the nature and duties of the Position, the name and address of the prospective employer, the proposed work schedule and other information reasonably requested by the Department Director. Any Employee who is self - employed shall provide the Department Director with information regarding the nature of the work performed and work schedule. 17 B. Approval. The Department Director shall approve the request for approval of outside employment or the self - employment unless the Department Director can reasonably make one of the following findings: 1. The nature of the outside employment or self - employment, or the proposed schedule, could adversely affect, or interfere with, the Employee's performance of the duties of his /her Position; or 2. The outside employment or self - employment is with a business or enterprise that performs or provides a service to the City over which the Employee or his /her Department has regulatory authority or influence; or 3. The outside employment or self - employment would create the appearance of a conflict of interest or would be incompatible with the duties and responsibilities of the Position occupied by the Employee. C. Modification. The Department Directors approval of outside employment or self - employment may be revoked in the event of a change in circumstances that would warrant disapproval. D. Annual Review. The Department Director may, once every twelve (12) months, require any Employee to provide information regarding the status of his /her outside employment or self - employment. 3.13 Recording of Conversations Except to the extent permitted by law, the recording of a conversation between Employees or between Employees and Supervisors is permitted only with the knowledge and consent of all participants. 3.14 Work Place Security and Anti - Violence Policy This Section describes the City's policy regarding violence or threats of violence, and is applicable to all Employees. A. General. The City is committed to providing its Employees with a working environment free from violence or the threat of violence. Without exception, threats of violence, acts of violence, threats made in jest, possession of weapons, or explosives are a violation of this policy. Accordingly, there is "Zero Tolerance" for any threat, actual or perceived, or any form of violence against an Employee, member of the it:] public or the property of either. All threats and acts of violence will be investigated with the understanding that any such conduct will result in discipline up to and including termination. B. Definition of Threats and Violence in the Workplace. 1. Act of Violence means any assault, battery, or stalking, with the intent or implied intent to harm a person or property; 2. Threat of violence means a statement or course of conduct which could cause a reasonable person to believe that he or she, is under threat of death or bodily injury or that his /her property would be damaged; 3. Course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, showing continuity of purpose, including the physical presence of an Employee, physical acts or gestures by an Employee, or an Employee's communication by phone, e-mail, fax, letter or otherwise. A course of conduct by another shall be attributed to an Employee if the other person is acting on behalf of the Employee at his /her request or insistence. 4. Weapons means any non -job related firearm, explosive device, knife (non- foldinq or locking with 21/2 inch or more Nade), club, or other object or item that a reasonable person would consider a weapon @Rd : ° capable of inflicting bodily injury. C. Act or Threat of Violence Prohibited 1. Act or Threat of Violence Prohibited. No Employee shall commit any Act of Violence or a Threat of Violence against any other Employee or any member of the public except in self- defense. 2. Possession or Display of Weapon. No Employee shall possess display any Weapon while on duty or brina a weapon into any ; '.v building. facility or rolling stock G `. p � except a Safety Employee authorized to possess a Weapon pursuant to State law. D. Responsibilities. All Employees are responsible for communicating and implementing this policy. Department Directors and /or Supervisors shall regularly advise Employees of the provisions of this Policy. 19 E. Complaints. Any Employee who believes he or she has been a victim of any Act of Violence or Threat of Violence, or has witnessed or been made aware of such behavior or incident in the workplace, shall promptly report the facts of the incident(s) and name(s) of the individual(s) involved to his/ her supervisor, his /her Department Director and /or to the Human Resources Director. All complaints will be promptly investigated. Any Employee who fails to comply with the reporting requirements of this subsection shall be subject to discipline up to ana mc,udina :errnwaa ;n. 3.15 Fitness for Duty an Employee may be reg .;: ;: to undergo a medical and /or psychological assessment or evaluation vvi, there is reasonable cause to believe that the Employee may not be physically and /or mentally capable of performing one or more of his /her normal duties or may be a threat to his /her safety or the safety of others (fitness for duty evaluation). The City shall pay all of the costs of the fitness for duty evaluation. The Employee shall not be subject to any loss of pay or benefits by virtue of the fitness for duty evaluation or the time spent travelling to or from the location of the evaluation. All fitness for duty evaluations shall be conducted by a qualified healthcare professional and the City shall comply with all laws relative to the confidentiality of such evaluations. 3.16 Qualifications A. Maintenance. Employees shall maintain all licenses, permits, certificates or other job - related criteria required as a minimum qualification for their Position as stated in the Classification Specifications or, if there are no Classification Specifications, the job announcement. B. Report Change. Each Employee is required to report to their Supervisor any material change in the status of any license, permit, certificate or other job - related criteria required as minimum qualification for his /her Position. The Employee shall report the change in status whenever he /she has actual notice of the change or becomes aware of facts that would cause a reasonable person to believe that a change in status has occurred (constructive notice). The change in status shall be reported before the end of the first Workday following actual notice or constructive notice of the change. 3.17 Disaster Service Workers All Employees are considered "Disaster Service Workers" under the California Labor Code, Section 3211.92 of Chapter 1 or Part 1 of Division 4, which includes 3 all public employees in the State of California. Each Employee shall fully comply with his /her duties and responsibilities pursuant to any emergency operations plan and any directive issued by a supervisor during an emergency. SECTION 4. ADMINISTRATION OF THE PERSONNEL SYSTEM 4.0 City Manager's Duties The City Manager is responsible to administer provisions of this Manual and, pursuant to the City Charter, may delegate any of his /her powers or duties to any other officer or Employee of the City to the extent not inconsistent with the provisions of the City Charter or ordinance. The City Manager shall: A. Act as the Appointing Authority for all City Employees except the City Attorney and City Clerk. B. Administer all aspects of this Manual and the personnel system except to the extent the responsibilities are specifically delegated by the City Charter or ordinance to the City Council, or a board or commission. C. Prepare and recommend approval of amendments to this Manual and o0i2s to all recognized employee oraanizations and -- ,resented emplovees. 4.1 Supervisor's Duties The duties of a Supervisor includes the following: A. To fully inform subordinates of their duties and responsibilities. B. To provide subordinates with adequate direction and guidance in the performance of their duties. C. To monitor and evaluate the performance of subordinates and regularly communicate their observations and opinions about performance to the subordinate in a constructive and respectful manner. D. To make employment - related decisions and recommendations solely on the basis of merit and ability. E. Acknowledge, and reward when appropriate, outstanding or improved performance. F. Make every reasonable effort to improve unsatisfactory performance using the resources within the Department and those available through the 21 Human Resources Director. G. Recommend or impose discipline in a manner consistent with this Manual. H. Maintain a safe, healthy and productive work environment. Encourage communication between Employees and Supervisors. 4.2 Open Door Policy Supervisors are encouraged to maintain an open line of communication with their subordinates and to discuss issues related to their job or suggestions for improving City service. The City encourages Employees to discuss with their Supervisor any concern or question they have about their job, as well as any suggestion or idea for improving City service. Management and Supervisory personnel shall use their best efforts to respond to concerns or questions any Employee may have about their performance and shall pursue ideas or suggestions about improving City service. Each Employee is encouraged to work within his /her Department's "chain of command" to resolve issues and improve service. However, an Employee who has utilized the "chain of command" and remains dissatisfied with the responses of the Supervisor and Department Director may consult with the Human Resources Director or City Manager. The provisions of this Section shall not diminish the right of any Employee to submit grievances pursuant to this Manual or any relevant MOU. 4.3 Employees Records and Files A. Human Resources Files. The Human Resources Director shall maintain a personnel file for each City Employee. The file shall contain a copy of all documents pertaining to formal actions taken with respect to the Employee that are relevant to compensation or benefits such as performance evaluations, changes in employment status and any disciplinary action taken by a Supervisor or Department Director. Personnel files shall be kept in a secure manner in the Human Resources Department. B. Payroll Files. The Administrative Services Department shall maintain a file on each City Employee that contains all information necessary for the preparation of payroll checks or the administration of the salary and benefit provisions of this Manual, any relevant MOU, or other plan or program adopted by the City. C. Department Files. The Department shall also maintain a file on each Employee within the Department. The Department file shall contain a copy of all documents that reflect any formal action taken with respect to each Employee, such as Appointments, performance evaluations, and discipline. 22 The Department file shall also contain copies of other documents related to the Employee's performance of his /her duties such as any certificate or license related to his /her duties and letters of commendation. The Department personnel files shall be kept in a secure manner. D. Access to Personnel Files and Payroll Files. Access to documents in an Employee's personnel file is limited to the City Manager and his /her designees, the Human Resources Director, the Department Director, any Supervisor in the Employee's chain of command and the City Attorney if access is necessary to perform his /her legal duties. Access to the payroll file is limited to those Employees entitled to access the personnel file and those Employees responsible for administering the payroll system. The Employee, or any person authorized by the Employee may, during normal working hours, inspect the contents of the Employee's personnel files or the payroll file within a reasonable time (generally one business day) after a request submitted to the custodian of the file. The Department Director is the custodian of the Department file and the Human Resources Director is the custodian of the Human Resources file. E. Disclosure of Information. Except as provided in this Manual or unless required by law or court order, information contained in the Personnel Files or payroll files shall not be disclosed to any person. However, the Employee's job title, dates of employment, current or final salary, work telephone number, Department assignment, and the type of any Separation are subject to disclosure pursuant to State law. The restrictions on disclosure of information shall not apply to the Employee or to any person that the Employee has authorized to receive information pursuant to a written waiver or consent filed with the Department Director or Human Resources Director. Except to the extent that disclosure is required (as opposed to permitted) by Federal, State or local law, the City may refuse to disclose information in an Employee's Department file or payroll file to any third party. F. Miscellaneous Provisions 1. Department File. Documents sent by members of the public commending performance and documents that reflect educational achievements shall be kept in the Department personnel file for a period of at least one year and longer at the discretion of the Department Director and if re-moved shall be. re�urned to the -ann evee. 2. Copies. An Employee shall, within a reasonable time (generally within one business day) after a request submitted to the custodian of the file, be given a copy of any document(s) placed in his /her 23 personnel files or payroll file. An Employee may obtain an additional copy of any document in his /her personnel file provided, however, in the case of requests which require the production of more than five (5) pages, the Employee shall pay the actual cost of duplication. 4.4 Preparation, Adoption and Amendment of Classification Plan The City Manager shall prepare a Classification Plan and submit the Classification Plan to the City Council for approval. The Classification Plan shall describe appropriate Classification Series and reflect the number of positions in each Classification. The Classification Plan shall also help ensure that all Positions that are substantially similar with respect to duties, responsibilities, authority and character of work, are included within the same Classification. Classification Specifications are explanatory, but not restrictive. The listing of particular duties and tasks shall not preclude the assignment of related duties or work requiring lesser skills. 4.5 New Positions When a new Position is created and authorized in the annual budget, no person shall be appointed or employed to fill the Position before the Position is assigned to a Classification, unless otherwise provided by this Manual. In such event, the City Manager shall amend the Classification Plan to assign the Position to an appropriate Classification consistent with the action by the City Council. 4.6 Compensation Plan The City Manager shall prepare and maintain a Compensation Plan that establishes the Base Rate of Pay for all Classifications. The City Council shall approve, by resolution or minute order, all modifications to the information in the Compensation Plan. The Compensation Plan shall be automatically adjusted to conform to any action taken by the City Council that affects the Base Rate of Pay or other information in the Compensation Plan such as approval of an MOU. SECTION 5. RECRUITMENT AND SELECTION 5.0 Goals The primary goal of the City's recruitment and selection policies is to insure that the City attracts and employs the most qualified person for each Position. Another goal is to ensure that each Employee is encouraged, and given the opportunity, to attain the skills, education and experience necessary to meet the minimum qualifications for Promotion to Positions within their Classification Series or related Classifications. 24 5.1 Recruitment Recruitment may be open, promotional or continuous. The Civil Service Board shall make the determination of the nature of the Recruitment of Civil Service Employees. Recruitment shall be promotional unless the Human Resources Director, after consultation with the relevant Department Director(s), determines that an open Recruitment is necessary to insure an adequate number of candidates with appropriate skills and ability. A Probationary Employee may participate in a promotional recruitment provided he /she possesses the minimum qualifications for the Position as of the last date on which applications for the Position are accepted. 5.2 Job Announcements The Human Resources Director shall prepare and distribute job announcements with information about the Position including the title and Base Rate of Pay, the primary responsibilities and duties, minimum and other qualifications, where and when to apply, and the last date that applications will be accepted. Notices of Recruitment shall be posted and shall specify a deadline for submitting an application that provides adequate time to attract candidates for the Position. 5.3 Personnel Applications Applications for employment, transfer, or promotion shall be made on forms provided by the Human Resources Director. All applicants shall provide, and certify the truth of, all information required by the application. Any material false statement or omission on the application shall be cause for disqualificatiori of the applicant and may be cause for termination or other disciplinary action if the applicant is, or subsequently becomes, an Employee of the City regardless of when the error is discovered. Resumes and other supplementary information may be submitted and attached to the application for consideration, but may not be used as a substitute for the application. An application, to be considered, must be received on or before 5:00 p.m. on the last Day of the advertised Recruitment period. 5.4 Evaluation of Applications The Department Director, and the Human Resources Director if he /she desires, shall review each application to determine if the applicant appears to possess the minimum qualifications for the Position. The Department Director may utilize the applications as the first step in the selection process by screening out applicants other than those who appear to be the most highly qualified individuals for the Position. The Department Director may, at any time during the recruitment process, verify references and other information provided by the 25 applicant. 5.5 Selection Techniques Selection techniques may consist of personal interviews, practical tests, performance tests, evaluation of work performed, work samples, assessment center, physical ability tests, other written tests, review and investigation of personal background and references, medical examination(s), polygraph examination(s), and psychiatric or psychological examination(s). The Department Director shall ensure that the selection process is structured to promptly determine whether applicants meet minimum qualifications. Examinations shall be designed so that, the results reasonably represent an objective assessment and comparison of the merits, skills and abilities of the applicants in terms of the essential job duties of the Classification or the Position. The Examinations shall be designed such that candidates with substantially similar ability and skill have an equal opportunity for selection. Written examinations, tests of physical ability, performance tests and psychological examinations shall be prepared or validated by a testing service or the Human Resources Director to ensure thoroughness and objectivity. Examinations shall be given the weight indicated in the announcement. The selection process may include tests or examinations administered on a pass/fail basis. To the extent feasible, each candidate shall be given written notice of his or her test result(s). 5.6 Review of Examination An Applicant shall have the right to review his or her written test(s), as well as his /her result or grade on other tests, within five (5) working days after written notice of the results. No Applicant will be allowed to examine the test key. Any arithmetical error in the rating of an Applicant or the grading of an Examination shall be corrected if notice is given to the Department Director or Human Resources Director within five (5) Days after written notice of the results. Any Applicant whose corrected score meets or exceeds the established passing score will be considered eligible to continue with the selection process. The correction or modification of the score of any Applicant shall not invalidate or nullify the acceptance of an offer of employment by another applicant for the Position. The provisions of this Section shall not apply to selection of Civil Service Employees to the extent this Section is in conflict with the Civil Service Ordinance or Civil Service Rules. 5.7 Eligibility List A. Preparation and Availability. As soon as possible after the completion 26 of the examination process, the Human Resources Director shall prepare and make available to the relevant Department Director an Eligibility List consisting of the names of candidates who successfully completed the process, arranged in order of their final rating. B. Duration of Eligibility List. Eligibility Lists, other than those resulting from a Continuous Examination, shall remain in effect for twelve (12) months or until all eligible candidates have been appointed, whichever occurs first. The term of an Eligibility List may be extended by the Civil v ,,e uerr,mission for Civil Service oositions or the Human Resources Director for non -Civil Service positions. up to an additional twelve (12) months. The Department Director may, with the concurrence of the Human Resources Director, terminate or discontinue an Eligibility List at any time. At the option of the Department Director, the names of all eligible candidates on the discontinued list may be placed on an Eligibility List of a specified duration with the names ranked by total test scores. Each eligible candidate's name shall remain on the Eligibility List for twelve (12) months from the date their name is added to the Eligibility List unless they receive an Appointment, fail to meet hiring standards or the Eligibility List is discontinued. C. Re- Employment List. The names of Regular Full Time Employees, Regular Part Time Employees and Probationary Employees who have been laid -off, or reduced in Classification in lieu of layoff, shall be placed on an appropriate Re- Employment List. The Re- Employment List shall remain in effect until all persons have been reinstated or for a period of at least two (2) years. Persons who refuse an offer of Re- Employment within the first year will be removed from the Re- Employment List. When a Re- Employment List is used to fill vacancies, the Human Resources Director shall certify all of the names on the Re- Employment List for consideration by the Appointing Authority. D. Removal of Names from Eligibility List. The name of any eligible candidate appearing on an Eligibility List may be removed by the Human Resources Director if any of the following occurs: 1. The eligible candidate accepts an Appointment to a Regular Full Time Position in the same or higher Classification. 2. The eligible candidate requests his or her name be removed. 3. The eligible candidate fails to provide notification of a change in address. 4. The eligible candidate fails to respond within ten (10) calendar Days to a notification or letter that has been mailed to the eligible 27 candidate's last known address on file with the City. 5. The eligible candidate declines (or fails to appear for) an interview, offer of employment or appointment during the term of the Eligibility List. 6. The eligible candidate was on an eligibility list as a result of a promotional examination and has subsequently left City employment. 7. Subsequent to preparation of the Eligibility List, the eligible candidate fails to meet minimum qualifications for the Position or an event occurs that would make the person ineligible for the Position. 8. Subsequent to preparation of the Eligibility List, the eligible candidate fails to satisfactorily complete any additional aspect of the selection process such as background checks, reference checks, or pre- appointment interviews. E. Disqualification. The Department Director or Human Resources Director, as appropriate, may determine an Applicant is an ineligible candidate, or may withhold placement on the Eligibility List if: 1. The Applicant has failed to provide proof of any of the requirements specified in the announcement of the vacancy for the Classification for which he /she applied; 2. The Applicant has been convicted of a felony or a crime of moral turpitude that is directly related to, or would have an adverse effect on, the candidate's ability to perform the duties of the Position; 3. The Applicant has been dismissed for cause from any Position in the public or private sector and the reasons for the dismissal would warrant dismissal by the City; 4. The Applicant has misrepresented any fact material to the selection or testing process, including making false representations on the employment application, submitting false documents, or cheating on any portion of the examination; or 5. The Applicant is not otherwise qualified for Appointment to the Position. F. Civil Service Employees. The provisions of this Section shall not apply 28 to Civil Service Employees to the extent of any conflict with the Civil Service Rules. SECTION 6. APPOINTMENTS 6.0 Appointment Process The Appointment Process shall begin with a conditional offer of employment sent to the eligible candidate on the Eligibility List who is recommended for Appointment by the Department Director. The conditional offer of employment shall be made pursuant to a letter from the Human Resources Department or the Police Chief for the Police Department. The conditional offer of employment shall specify the medical, background and other examinations that the candidate is required to successfully complete prior to, and as a condition to, Appointment. Appointments shall be considered final when the candidate has satisfied all pre- conditions to employment, the Appointment has been reviewed and approved by the Human Resources Director and /or City Manager and the candidate reports to duty at the time and place designated. The selected candidate shall be deemed to have declined the Appointment if he /she fails to report to duty at the time and place directed. 6.1 Salary at Appointment A. Appointment. Except as otherwise provided in this Section, the initial Appointment of an Employee shall be at the first Step of the Salary Range of their Classification. When the proposed Employee's education, training, and experience are deemed superior and justify a salary in excess of Step 1, the Department Director may offer employment and appoint at Steps 2, 3 or 4. The Department Director may, with prior City Manager approval and when a proposed Employee's education, training and or experience are superior, offer employment and appoint at Steps 5 through 8. All Appointments are subject to City Manager approval, regardless of the Step at which the Employee is appointed. Any Appointment of an Employee at other than the first Step, and any Appointment that includes a financial commitment other than normal Base Rate of Pay and benefits shall be approved in writing and the financial commitments made part of the Employee's personnel file. B. Incentives. The City Manager may authorize incentives to aid in recruitment or Appointment. Additional inducements may include the authorization of a moving allowance, additional paid leave or educational expenses. 6.2 Pre - Employment Physical 29 Upon receiving an initial conditional offer of employment, an eligible candidate will be required to pass a pre - employment physical at a City designated or City approved medical facility, at City cost, before the Appointment becomes effective. A physical examination may also be required whenever any Employee is promoted to a Position, the duties of which require a substantial change or increase in the physical demands on the Employee when compared to his /her current Position. All pre - employment physicals shall include testing consistent with the provisions of the City's Drug and Alcohol Policy. Violation of the Policy shall result in withdrawal of the conditional offer of employment. 6.3 Nepotism Policy An Applicant who has a member of his /her Immediate Family employed by the City shall have the right to file an application for employment and compete in the examination process. An Employee shall not participate directly or indirectly in the Recruitment or selection process for any vacant Position for which a member of the Employee's Immediate Family has filed an employment application. In the event the Applicant is selected for Appointment, he /she may be appointed to a Department, division, or office in which a member of his /her Immediate Family is employed unless the Department Director, with the concurrence of the Human Resources Director, determines that: A. Employment of the Applicant would potentially create a conflict of interest or have a potentially adverse impact on supervision, safety, security or morale; or B. The Applicant would, if appointed, occupy a Position where he /she would directly supervise or be supervised by a member of his /her Immediate Family. In the event an eligible candidate is denied Appointment by virtue of this Section, an eligible candidate shall remain on the Eligibility List for a vacancy in the same Classification. Except as to the prohibition against participation in Recruitment, this Section shall not apply to an Employee appointed to a Position prior to the effective date of this Manual. The Department Director shall take appropriate action to insure the circumstances in subsections A and B do not exist if and when an Employee becomes a member of the Immediate Family of another Employee in the same Department subsequent to the effective date of this Manual. In the event the Department Director has more than one action available, the Department Director shall take the action that least impacts the Base Rate of Pay or the normal duties of the Employee. In the event that no feasible action is available to the Department Director, the Employee within the Immediate Family with the least seniority shall be terminated in good standing. 6.4 Fingerprinting and Background Checks 30 To facilitate the City's ability to perform complete background checks on Employees, eligible candidates will be fingerprinted to enable the City to conduct a background check. The City will conduct background checks to insure the candidate is eligible for Appointment and has the ability to perform the �'� d duties of the Position in a manner that will neither diminish the quality of City service nor create liability on the part of the City. 6.5 Criminal Conduct No person convicted of a felony or a crime involving moral turpitude shall be eligible for employment in the service of the City when there is a rational relationship between the conviction and the normal duties of the Position for which the person is applying. The City Manager may waive the provisions of this Section based on substantial evidence of mitigating circumstances. Mitigating circumstances include evidence of rehabilitation, length of time since the conviction, the age of the person at the time of conviction, and /or the limited nature of the relationship between the conviction and the duties of the Position for which the person has applied. 6.6 Appointments from Lists Except for an Emergency, Interim or Acting Appointment, or a reassignment, each vacant Position shall be filled by Transfer, Promotion, Demotion, or by Appointment of an eligible candidate from the appropriate Eligibility List. 6.7 Emergency Appointments To fulfill the immediate requirements of an emergency situation, the City Manager may employ persons on a temporary basis as needed for the duration of the emergency. The method of hiring for emergency Appointments shall be solely within the discretion of the City Manager unless determined by ordinance or specific provision of the Emergency Operations Plan. Emergency Appointments shall be reported to the City Council at the next regularly scheduled meeting. 6.8 Interim Appointments The City Manager may authorize and approve an interim Appointment to fill either a temporary vacancy (such as maternity leave, long -term disability or military leave) or permanent vacancy (separation or retirement). As a general rule, Interim Appointments expire in six (6) months but may be extended an additional six (6) months by the City Manager. All Interim Appointees must satisfy the minimum qualifications for the Position. 6.9 Acting Appointments 31 The formal and express assignment of an Employee to perform the significant duties and responsibilities of a higher Classification for more than one hundred sixty (160) consecutive working hours shall be deemed an Acting Appointment. The Employee who has received an Acting Appointment shall, from the date of the Acting Appointment, be compensated at the Step in the Salary Range for the Classification of the Acting Appointment that is at least five percent (5 %), but not more than fifteen percent (15 %), higher than the Employee's current Salary Step. If Acting Appointment is to a Classification without a Salary range, the Employee shall be compensated at a level of five percent (5 %) higher than the Employee's current Salary Step. With the exception of Civil Service Employees, in the event the Employee is subsequently Appointed to the higher Classification, the time accumulated while working in that Classification shall be applied towards fulfilling any required Probationary Period. The time spent by an Employee and the performance of that Employee in a Classification pursuant to an Acting Appointment shall be considered by the Department Director when and if the Employee applies for a Promotion to any Classification in that Classification Series. If the Employee is not Promoted once the Acting Appointment is completed, the Employee shall return to his /her former Position and Step. 6.10 Transfer A Department Director may, without cause, Transfer an Employee from his /her then current Position to a vacant Position at the same Salary Step in the same Classification in the same Department. An Employee may also request a Transfer from his /her current Position to a vacant Position in the same Classification in the same or different Department. An Employee who is Transferred shall retain his /her Date of Hire. An Employee who Transfers to a Position in a lower Classification, may be Y -Rated at the sole discretion of the Department Director and with the concurrence of the City Manager. Any Employee who requests a Transfer must have completed his or her Probationary Period before the request is submitted. An Employee shall not be required to complete a new Probationary Period upon Transfer but is required to complete his /her Probationary Period if Transferred before completion of his /her Probationary Period. 6.11 Promotion When an Employee is Promoted, the Employee shall be paid at the step in the Salary Range of his or her new Classification which is at least five percent (5 %) greater than the Step he /she occupied prior to the Promotion. Any Employee who is Promoted shall be required to successfully complete a six (6) month Probationary Period in the new Position. Employees in the Civil Service System shall complete a twelve (12) month Probationary Period. In the event the Employee fails to satisfactorily complete his or her Probationary Period after 32 Promotion the Employee shall be reinstated to his /her former Position at his /her Salary Step effective as of the date of Promotion provided the Employee meets the minimum qualifications for the Classification. 6.12 Demotion A. An Employee may be demoted because he /she lacks the knowledge or skills to satisfactorily perform the required duties of his /her Position, for disciplinary purposes, or for any other reason consistent with this Manual. No Employee shall be Demoted to a Position for which he /she does not possess the minimum qualifications. An Employee shall not be required to complete a Probationary Period for the Classification to which he /she is Demoted unless he /she has not completed a Probationary Period in either Classification. A Demoted Employee shall retain his /her Date of Hire. B. An Employee may, for any reason, request a voluntary Demotion to a lower Classification with a lower Salary Range in \vhich the employee has 1-..1!0U51,1i held regular status. A voluntary Demotion shall require the approval of the Human Resources Director, and the Director of the Department in which the Employee will work. An Employee who is granted a voluntary Demotion shall be placed in the Step of the lower Salary Range that is equal to, or closest to but lower than, the Employee's Step in his /her former Position. In lieu of a reduction in salary, the City Manager may Y -Rate a voluntarily Demoted Employee. 6.13 Re- Employed and Reclassified Employees An Employee Re- employed within one (1) year after Layoff shall not be required to complete a new Probationary Period if he /she successfully completed a Probationary Period prior to Layoff. A Regular Full Time Employee occupying a Position that is Reclassified shall not be required to serve a new Probationary Period in his /her new Classification. mnioyment of Former Employees mnlenlatlon of the Dep8 ttllent Director and at:,oroy- b'v the City rm.e tmolovee may,, be Re- employed in the Classification or n;7:� �;a;ah' occut,1ed at the time of hisrher Separation and at the same Std foLovnna conditions -nust he a vacant Position in the Classification and nu, Re- en? Li fs for the Classificaton. N)S not on misconduci -,- unsatisfactory 7 ;_'rf orm-like ,.C: "Mini'; f,r ni i1 ' employment `.P +ac u r file ',Ofid!ti0(?c= nCe. ?a`:Ord.. 33 ,,;lovment occurs within one t1 ) year after terminE [uon t'a T..?nt for ikon -Civil Service Employees and two (2) years for (,ml " = "1"pl0yeeS. cvee shall complete the remainder et anv Propationary Poroc ,;;;•,ree shall be required to take a medical examinauor. ..i ,,�cse and as prescribed by the City Manaaer. SECTION 7. PROBATIONARY PERIOD 7.0 Purpose The Probationary Period is part of the selection process and affords the Department Director and Supervisors an opportunity to identify and evaluate factors and qualities related to the competence and fitness of an Employee that may not have been revealed during other testing procedures. 7.1 Period of Probation All original and promotional Appointments to Regular Employee status, except the Appointments of Department Directors, are tentative and subject to the successful completion of a Probationary Period. The Probation Period of any Regular Full Time Employee after his /her initial Appointment shall be twelve (12) months and, except for Safety Employees, the Probation Period after a Promotion shall be six (6) months. The Probationary Period for Regular Part Time Employees shall be at least one thousand hours of work and twelve months from the date of Appointment. A probationary empiovee +w-A -as City and Is reemt) loved as per section 6.1 shall have the :enog established by the Department Director but shaii not be less a: .:r tttdeive months. 7.2 Extension of Probation An Employee's Probationary Period shall be deemed extended in increments of thirty (30) Days for a period of one hundred and eighty (180) days after the expiration of the initial Probationary Period unless the Department Director has filed a Personnel Action Form confirming Appointment to Regular Employee status. The Department Director shall give written notice to any Employee whose Probation Period has been extended but failure to give notice shall not constitute an Appointment to Regular status. The Department Director shall 34 have the right to appoint an Employee to Regular status at any time during the extended Probationary Period. 7.3 Rejection of Probationer An Employee serving his /her first Probation Period with the City may be terminated at any time at the sole and absolute discretion of the Department Director without cause and without any right of appeal. An Employee Promoted to a Position in a higher Class may be rejected by the Department Director at any time during his /her Probationary Period, without cause and without any right of appeal. In such event, the Employee shall be reinstated to the position he /she occupied prior to the promotion, provided he /she had acquired Regular status in the former Position. An Employee discharged for cause while on Probation after a Promotion shall not be reinstated to his /her former Classification. 7.4 Effect of Absence The Probationary Period of any Employee who is, for any reason, absent from regular duty or assignment in excess of ten (10) working days during Probation shall be extended for a period equal to the total number of Days the Employee was absent. SECTION 8. TRAINING AND CONTINUING EDUCATION 8.0 Purpose The City recognizes the importance of Employee development and training. The City will offer training programs to improve the capabilities and effectiveness of all Employees. This training shall be designed to improve the skill and ability of each Employee so that he /she will be able to better perform his /her duties and effectively compete for Promotion as well as enhance the performance of the organization as a whole. 8.1 In -House Training An Employee who has training, knowledge or expertise in a subject area, or who has recently attended a City sponsored seminar or conference in a given subject matter, may be asked to share this information with other Employees. In -house training may be informal or formal depending upon the nature of the subject matter. 8.2 Department Training RM Department Directors are encouraged to offer specialized training to their Employees subject to the following: A. Budgeted funds must exist for all such training and any related travel. Travel outside of the City that is related to training shall be approved and funded in accordance with the City Council's adopted travel policy. B. Employees must comply with the City travel policy and provide documentation of expenses to the extent required by Council Policy. C. Employees who receive City -wide or specialized training may be asked to provide on duty "in- house" training to other Employees. 8.3 Training and Travel Reimbursement A. Non - exempt Employees. Non - exempt Employees are entitled to receive compensation for overtime. Time spent in training and travel may be considered as "hours worked" for purposes of calculating FLSA overtime. The provisions of the City's travel policy do not describe or affect the obligations of the City with respect to the calculation of "hours worked" or paying overtime to Non - exempt Employees. The FLSA shall prevail in the event of any conflict between this Section and the FLSA. 1. Employee attendance at lectures, meetings, training programs, and similar activities outside of the Employee's normal working hours shall not be considered as time worked unless the Employee is directed to attend by a Supervisor. Break time and meal times are considered time worked only to the extent that training or education occurs during the break or meal. 2. Time spent by an Employee traveling between the Employee's residence and the regular workplace is not work time and shall not be treated as hours worked. When an Employee is assigned by a Supervisor to travel outside of the City, in the same Day, time spent traveling between the Employee's home and assigned destination shall be treated as time worked to the extent that it exceeds the Employee's normal commute. Travel time during an Employee's normal Workday shall be treated as hours worked if it is related to the Employee's normal duties. 3. When an Employee, who is assigned to travel outside the City and return the same day, utilizes public transportation, work time shall be equal to the travel time in excess of the Employee's normal commute. Assigned travel away from home overnight `r . :he 36 E ^ose t trainina is work time when it occurs during the Employee's Workday, however, travel as a passenger in an automobile or on public transportation outside of regular working hours shall not be treated as hours worked. B. Travel Reimbursement. Employees shall receive mileage and travel reimbursement in accordance with the City's then current travel policy. 8.4 Tuition Reimbursement The objective of the Tuition Reimbursement Program is to encourage each Employee to participate in off -duty instruction that will be immediately and mutually beneficial to the Employee and the City. A. Eligibility. All Regular Full -time Employees whose performance has been satisfactory based on the most recent performance evaluation are eligible for the Tuition Reimbursement Program. B. Application. Application for tuition reimbursement shall be in the format prescribed by the City Manager. Pre - payment or post - payment of the cost of tuition, parking permit fees, graduation fees and required materials such as workbooks and lab materials may be requested. No payment shall be made for expenses related to travel, meals, normal supplies or other incidentals. Applications must bear the signature of the Employee and must be approved by the Department Director. C. Non - Eligible Courses. Courses are not eligible for tuition reimbursement if they are taken to acquire certificates, licenses, skills or knowledge that the Employee was required to have when initialiv hired or Appointed. Courses that involve no classroom participation are not eligible for tuition reimbursement. However, courses offered on the Internet by accredited institutions are eligible if approved by the Department Director. D. Reimbursement Limits. Reimbursement for a Regular Non - safety Employee is limited to a maximum of $1,000 per fiscal year and reimbursement for a Regular Safety Employee is limited to $600 per fiscal year iexcect as designated in the Memoranda of Understanding). Reimbursement is subject to completion of the course within any fiscal year when funds for reimbursement are available in the Human Resources Department budget. E. Grade. Reimbursement will be made only for those courses completed with a minimum final grade of "C" or its equivalent in an undergraduate course, or "B" or its equivalent in a graduate level course. No reimbursement shall be made for audited courses or incomplete courses. 37 F. Eligible Courses. The following criteria shall be used to determine the eligibility of courses for Tuition Reimbursement Program: 1. Courses must be in furtherance of a degree or certificate that is related to the duties performed by the Employee or the mission of his /her Department. 2. Courses must bear some relationship to one or more of the normal duties performed by the Employee. 3. Courses must be taken at accredited institutions. Correspondence courses from reputable institutions will be considered only when equivalent courses are not available from educational institutions in the region. G. Pre - payment. To obtain prepayment of up to fifty percent (50 %) of authorized expenses, an application must be made at least two (2) weeks prior to the starting date of the course. An itemized list of all expenses for which payment is requested shall accompany the application. Confirmation of the grade received and receipts for all expenses prepaid must be submitted within ninety (90) Days after completion of the course. If the Employee fails to submit the information required or fails to complete the course satisfactorily, the amount prepaid will be deducted from the Employee's next paycheck. H. Post - payment. To obtain post - payment of authorized expenses, application must be made within ninety (90) Days of the completion of a course. Confirmation of the grade received and an itemized list with all receipts for all expenses claimed must accompany the application. 1. Re- payment on Termination. The reimbursed cost of course(s) shall be deducted from an Employee's final paycheck in the event the Employee Separates from City service within one (1) year after the completion of the course(s) for reasons of other than death or permanent disability. J. Approval Authority. The Department Director shall be the final authority for approving requests for reimbursement. The Department Director may, with the consent of the City Manager, waive any of the requirements of this Section. SECTION 9. PERFORMANCE EVALUATIONS AND SALARY ADJUSTMENTS KE 9.0 Employee Performance Evaluation A. Purpose and Intent. The purpose of Performance Evaluations is to enable the Supervisor and /or Department Director to discuss the positive and negative aspects of the Employee's performance, to acknowledge positive aspects, to identify goals such as development of additional skills, and to discuss aspects that should or could be improved. The Performance Evaluation is an opportunity for the Employee to ask his /her Supervisor for clarification of duties or Department objectives and to suggest changes in the Department or Supervisor actions that could help improve Employee's performance, better serve the public, or fulfill the mission of the Department. B. Timing of Evaluation. Each Regular Employee shall, at a minimum, have his /her performance evaluated in writing at the following times: 1. Eligibility for a Step increase or proposed salary adjustment. 2. Reclassification or Promotion. 3. Twelve (12) months after the previous evaluation. 4. At least once during the Probationary Period. The evaluation of performance should occur on a daily basis and the written evaluation should reflect the ongoing evaluation that has occurred prior to documentation. C. Forms. The Human Resources Director shall provide each Department with training and forms helpful to assist the Supervisor in assessing performance, establishing goals, and recording suggestions from the Employee. The evaluation form is a tool to assist each Supervisor with his /her evaluation form but completion of the form does not, in and of itself, constitute an adequate evaluation. The Evaluation shall be conducted in a manner best calculated to achieve the purposes and objectives of this Manual. Departments may use their own evaluation forms and procedures provided that the Department or Human Resources Director have provided appropriate training for Supervisors and use of the forms has been coordinated with the Human Resources Director. D. Employee Response. The Employee shall have an opportunity to read and review his or her performance evaluation form, and offer comments on the ratings or overall evaluation, prior to Supervisor execution and approval. The Employee shall, no later than five (5) working days after final approval by the Department Director, be given a copy of the tE personnel evaluation approved and signed by the Supervisor. The Employee shall have the right to prepare a written response to the Performance Evaluation and request that the response be attached to the Performance Evaluation Form for inclusion in the Employee's personnel file. The response and request to attach must be provided to the Department Director or his /her designee no less than thirty (30) Days after receipt of the Performance Evaluation. The failure of an Employee to sign or respond to a Performance Evaluation Form shall not have a bearing on the approval or validity of the form or the performance evaluation. E. Procedures. The Department Director shall establish appropriate procedures to insure that performance evaluations are completed on a timely basis and that evaluations are conducted in a manner consistent with the purpose and intent of this Manual. F. Provisional Employees. A Provisional Employee may receive a performance evaluation upon Separation to determine, among other things, if he /she is eligible for rehire. A Provisional Employee may be evaluated from time to time at the discretion of the Department Director. The performance evaluation shall be a factor in any adjustment in compensation paid to the Provisional Employee. The evaluation of the performance of a Provisional Employee does not change or alter his /her status or affect the City's right to terminate him /her without cause or right of appeal. 9.1 Merit Steps Progression A. Regular Employees. A Regular Employee shall earn Step increases based upon satisfactory performance of duties (not just longevity) and in accordance with the following: 1. Normal Progression. Except for Public Safety Employees, as a general rule no Step increase shall be granted from the Date of Hire until the successful completion of the Regular Employee's Probationary Period. The Department Director may grant one (1) additional Step increase during a Regular Employee's normal progression in a Classification based on documented outstanding performance. A Regular Employee shall become eligible for a Step increase only if the Regular Employee's overall performance is rated at least satisfactory. Thereafter, eligibility for Step increases for Regular Full Time Employees shall occur at twelve (12) month intervals, provided the Regular Full Time Employee's overall performance is at least satisfactory, until such time as the Regular Employee reaches the last Salary Step available for his /her _it" Position. Eligibility for Step increases for Regular Part Time Employees shall occur at twelve -month intervals, provided the Employee has worked at least one thousand (1000) hours since the last increase, and the Employee's overall performance is satisfactory. A Regular Employee who receives a less than satisfactory performance evaluation shall not receive any Step increase at that time, but may receive a Step increase at such time as the Regular Employee's performance is rated at least satisfactory. 2. Promotional Progression. As a general rule, no Regular Employee shall receive a Step increase from the date of Promotion until he /she has satisfactorily completed his /her Probationary Period. A Regular Employee who has been Promoted and has successfully completed his /her Probationary Period is eligible for a Step increase provided his /her performance is rated at least satisfactory and a Step increase is available in that Classification. A Promoted Regular Employee is eligible for annual Step increases, provided his /her performance is at least satisfactory, until he /she reaches the top Step. B. Provisional Employees. Salary increases for Provisional Employees are at the discretion of the Department Director with the approvai of the Nurnan :sources Director and may be based on merit and on the need to remain competitive in the marketplace for recruiting purposes. All merit �vlivancemems shall be effective on the first day of the first pay ^eriod the eiiginility date. Nc more than one merit increase may cccur om Dlovee per near. 1. Seasonal Employees. Step increases may be granted to Provisional Employees that work on a seasonal basis whose performance the previous season was rated satisfactory or above. The Salary Range for Provisional Employees may be adjusted annually based upon a market survey. 2. Non - Seasonal Employees. Provisional Employees who work other than on a seasonal basis shall have a salary schedule that may be adjusted annually based upon a market survey. 9.2 Reclassification /New Classifications A. The City Manager shall Reclassify Positions upon a determination that there has been a material change in the duties regularly performed by, or expected of, the Employee occupying the Position. The Reclassification process may be initiated only through a request for a job audit submitted 41 to, or initiated by, the Human Resources Director at his /her sole discretion. A job audit may be requested by an Employee, his /her Supervisor, or the Department Director. The Human Resources Director may decline to initiate, or may terminate at any time, the job audit upon a determination that there is no substantial evidence of a material change in duties. The job audit should include a detailed analysis of the work performed by, or expected of, the Employee and a comparison of that work with the job specifications for the Classification. The Human Resources Director shall submit the completed job audit, together with recommendations relative to Reclassification to the Department Director, the Employee, and the City Manager. B. In the event a Position is Reclassified and the incumbent meets minimum qualifications, he /she shall be appointed, or offered an appointment to the Reclassified Position with no change in his /her Date of Hire in accordance with the following. 1. If the Reclassified Position has the same Salary Range, the incumbent shall be Appointed to the Reclassified Position with no change in his /her Base Rate of Pay. 2. If the Reclassified Position has a lower Salary Range, the incumbent shall be offered an Appointment to the Reclassified Position at a Base Rate of Pay that is closest to, but not less than, the Employee's current Base Rate of Pay. The City Manager may approve a Y -Rated salary for the Employee if he /she is at the top Step of the Salary Range in the previous Classification. 3. If the Reclassified Position has a higher Salary Range, the incumbent shall be appointed to the Reclassified Position at the first Step with a Base Rate of Pay higher than his /her previous Base Rate of Pay. The effective date of Reclassification shall be the first day of the pay period immediately after the Reclassification is approved by the City Manager. An incumbent who does not meet the minimum qualifications for the Reclassified position shall be laid off. rrrnmm.. nrJ -�t'nn Q-f #ie QGP@rtM.GRt Q11- P6t.,1 --I --"..emsms pployee Rc re P.9 MP 8; s .v. t 42 ' b +n +nr •hr (`I- +cr�n ntinr. _� •_�. 6 t'�t c.o2� .r`gix,;6'8,- ��1-ot fi -ern Q +r eRq P1nYm.c:nt V'R-S 61 n44 +��.'., 4'i -,nn r 9 \ year .erminotinn "itu �ieveeF an.:.,� Shall , +, SECTION 10. ATTENDANCE AND HOURS OF WORK 10.0 Overtime For purposes of applying the overtime requirements of the FLSA, the Work Period (see subsection 2.0 RR for examples of Work Periods for various schedules) shall be as specified in writing by the City Manager or his /her designee (such as the Department Director). A. FLSA Overtime. The City shall fully comply with the provisions of FLSA with respect to all Employees who are not considered exempt from FLSA overtime pay requirements. Employees entitled to overtime pursuant to FLSA may be compensated in the form of pay or compensatory time off. Any Regular Employee who believes he or she is entitled to, but has not received, overtime pursuant to FLSA shall immediately notify his /her Supervisor. The Employee's Supervisor shall have the authority to approve payment of overtime. In the event the Supervisor does not approve the request for overtime, the Supervisor shall promptly communicate the request to the Department Director who shall notify the Human Resources Director and the City Manager. The Department Director shall respond to the Employee, in writing, within ten (10) working days and shall promptly take any action necessary to comply with FLSA. B. Non -FLSA Overtime. Regular Employees may be entitled to overtime without regard to FLSA based upon provisions of the applicable MOU. Any Regular Employee who believes he /she may be entitled to overtime pursuant to the provisions of an MOU shall immediately notify his /her Supervisor. The Supervisor shall have the authority to authorize payment of the overtime. In the event the Supervisor does not approve the request 43 for overtime, the Supervisor shall promptly notify the Department Director who shall immediately notify the Human Resources Director and City Manager. The Department Director shall respond to the Employee's request within ten (10) working days and promptly take corrective action. 10.1 No Guarantee of Hours Nothing in this Manual shall be construed to constitute a guarantee of minimum hours of work per day or within any Work Period. 10.2 Time Sheets All Employees must complete appropriate payroll records or timesheets showing hours worked and leave taken. In those cases where the Employee signs time sheets, the Supervisor or Department Director shall confirm the time worked. Where required, the Department timesheets will be reviewed and audited by the Administrative Services Department. Notice of any correction(s) to the timesheet will be sent to the Employee and the Department Director. Corrections shall be deemed final unless the Employee files an objection with the City Manager within thirty (30) Days after notice of the correction has been given to the Employee. The determination of the City Manager shall be final. 10.3 Constructive Resignation An Employee who is absent, without authorized leave, for three (3) or more consecutive Workdays shall be presumed to have resigned. Written notice of the presumed resignation shall be sent by certified mail, return receipt requested, to the Employee at his /her last known address. The resignation shall be deemed effective as of the date of the written notice unless the Employee responds in writing, and returns to work, within five (5) Days after the written notice. 10.4 Lunch and Break Policy A. Breaks. Regular Full Time Employees may take one (1) paid break during the first half of the Employee's Workday and one during the second half of the Employee's Workday. Breaks shall not exceed fifteen (15) minutes each. Regular Part -time Employees and Provisional Employees are not entitled to a paid break unless they work at least three and one half (3 1/2) hours. Breaks may not be accrued, consolidated or aggregated without the approval of the Employee's Supervisor. B. Meal Periods. Meal periods shall be at least thirty (30) minutes, but no more than sixty (60) minutes per Workday, do not constitute hours worked and are unpaid. Employees are expected to adjust their meal periods to conform to Department schedules and operational needs. The 44 Department Director may schedule staggered meal periods throughout the late morning and early afternoon. Regular Part -time Employees and Provisional Employees must work four (4) or more consecutive hours to receive an unpaid thirty (30) minute meal period. Meal periods may not be consolidated or aggregated. SECTION 11. LEAVES 11.0 Flex Leave A. Introduction. The City recognizes that the provisions of this Section are subject to and possibly inconsistent with MOU's between the City and Recognized Employee Associations and acknowledges that, in the event of a conflict, the MOU shall prevail. The provisions of this Section are intended to apply to unrepresented Employees and represented Employees to the extent not inconsistent with any relevant MOU. B. Accrual. Regular Full Time Employees (assumes eighty (80) hours worked per pay period) enrolled in the Flex Leave Program prior to July 1, 1996 will earn Flex Leave pursuant to the following schedule: Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue Flex Leave at the following rates: Hours of Accrual Days Accrued Years of Continuous Service Per Pay Period Per Year = but less than 5 Hours of Accrual Days Accrued Years of Continuous Service Per Pay Period Per Year 10 but less than 15 6.46 —• but less than 5 5.54 18 5 but less than 9 6.15 20 9 but less than 12 6.77 22 12 but less than 16 7.69 25 16 but less than 20 8.31 27 20 but less than 25 8.92 29 25 and over 9.54 31 Employees hired, or rehired, by the City of Newport Beach on or after July 1, 1996, shall accrue Flex Leave at the following rates: Hours of Accrual Days Accrued Years of Continuous Service Per Pay Period Per Year = but less than 5 4.92 16 5 but less than 10 5.53 18 10 but less than 15 6.46 21 15 but less than 20 7.08 23 20 and over 8.00 26 45 Regular Full Time Employees assigned to other than an eighty (80) hour work schedule per pay period will accrue Flex Leave on a pro rata basis. Probationary Employees serving a twelve (12) month Probationary Period shall earn Flex Leave from their Date of Hire but, except as otherwise provided in this Manual, the Employee shall not be credited with Flex Leave for use until serving six (6) months of the Probationary Period. Probationary Employees shall be credited with Flex Leave in the same manner as Regular Employees after serving six (6) months of their Probationary Period. The Department Director may authorize an advance of up to sixty (60) hours of Flex Leave for a Probationary Employee to use in the event he /she is required to be absent from work due to illness during the Probationary Period. The Department Director may also authorize an additional advance of up to forty (40) hours of Flex Leave for a Probationary Employee to use for any purpose during his /her Probationary Period. Any Flex Leave advanced during a Probationary Period shall be deducted from the amount of Flex Leave that would otherwise be accrued by the Employee upon satisfactory completion of his /her Probation. In the event an Employee fails to satisfactorily complete Probation, the value of the Flex Leave advanced during Probation, calculated on the basis of the Employee's Base Rate of Pay, shall be deducted from the Employee's final check. C. Limit on Accumulation. Regular Full Time Employees may accrue Flex Leave up to an amount equal to seventy -eight (78) times the Employee's bi- weekly accrual rate (accrual cap). 1. For Regular Full Time Employees hired before July 1, 1996, any Flex Leave that would have been earned in excess of the accrual cap will be paid on an hour for hour basis in cash at the Regular Full Time Employee's Base Rate of Pay (spillover pay). Regular Full Time Employees hired before July 1, 1996 and accruing Flex Leave at an accrual rate based on less than sixteen (16) years of continuous service shall not receive spillover pay unless they have utilized at least eighty (80) hours of Flex Leave during the previous calendar year. Regular Full Time Employees hired before July 1, 1996 and accruing Flex Leave at an accrual rate based on at least sixteen (16) years of continuous service shall not receive spillover pay unless they have used 120 hours of Flex leave during the previous calendar year. Regular Full Time Employees hired before July 1, 1996 and who are not eligible for spillover pay shall not be eligible to earn Flex Leave in excess of the accrual cap. 2. Regular Employees first hired, or rehired, by the City on or after 46 July 1, 1996 shall not be eligible for spillover pay and shall not be entitled to accrue Flex Leave in excess of the accrual cap. 3. Flex Leave shall not be accrued while a Regular Full Time Employee is on leave of absence without pay or while serving a Suspension of five (5) Days or more. D. Method of Use. Flex Leave may not be taken in excess of the amount of Flex Leave accrued as of the date of the request to use Flex Leave. The Department Director shall approve all requests for Flex Leave taking into consideration the needs of the Department, the seniority and wishes of the Employee and the timing of the request in relation to the date(s) on which the Employee wishes to use Flex Leave. Flex Leave may be granted on a quarter hour basis. Any fraction less than one - quarter hour shall be charged as a full one - quarter hour of Flex Leave. i=lex time .shall ;n advance. in cases of absences not approved in advance ri lovee shall notif;, his her Depaitment by phone as socn as ssibie after the need for the absence becomes apparent. but no later ar �mti, n one -half !'. %z) hour of the emOovees start time. �. ..;. "2fl -(?1 -c`ti "2 . "e :F�6'IK28 t ^- jrc`�I`v'�v ��rnnr- o-�•,; :: I-�, '.', `_"..� eI5 a �c`r'. :i :i :-•� -, :Fi 0-p T: Y'Ej""P^ "._r i E. Terminal Flex Leave Pay. Upon Separation, a Regular Full Time Employee shall receive a check for the value of his /her accrued Flex Leave calculated at the Base Rate of Pay at Separation. 11.1 Vacation Leave A. Eligibility. Regular Full Time Employees hired on or before January 1, 1990, and who have elected not to enroll in the Flex Leave Program, shall be entitled to earn Vacation Leave. Regular Full Time Employees shall earn Vacation Leave except while the Employee is on leave of absence without pay or serving a Suspension of five (5) Days or more. B. Basis for Accrual /Full Time Regular Employees. Vacation Leave is earned at a rate that is based on continuous years of service and the time an Employee is scheduled to work during a pay period in accordance with the following: Hours CT PIccruai Years of Service.,r hC -r F'ab' Period Dc gar 47 0 but less than 5 5 but less than 9 9 but less than 12 12 but less than 16 16 but less than 20 20 but less than 25 25 and over €- 613.38 11 9-.343.99 13 19 674 .61 15 -14- 045.22 17 " '�c5.84 u =76.46 �3r,07 For Employees working other than eighty (80) hours per pay period, Vacation Leave shall be earned on a pro -rata basis. C. Limit on Accumulation. Regular Full Time Employees shall not earn Vacation Leave in excess of the maximum possible accrual during a two (2) year period (52 x bi- weekly accrual rate — accrual cap). However, the Department Director may approve accrual in excess of the accrual cap if the Employee agrees to use all Vacation Leave in excess of the accrual cap within ninety (90) Days. D. Method of Use. Vacation Leave may be granted only to the extent accrued as of the date of submittal of the request for Vacation Leave. The Department Director shall schedule and respond to requests for Vacation Leave taking into consideration the needs of the Department and, whenever possible, the seniority and wishes of the Employee. Vacation Leave may be requested and granted in increments as small as one quarter (1/4) hour. One quarter (1/4) hour of Vacation Leave shall be charged to any Regular Full Time Employee who requests or takes less than one quarter (1/4) hour. E. Terminal Vacation Pay. Upon Separation, Regular Full Time Employees shall receive a check for the value of accrued Vacation Leave calculated at the Employee's then current Base Rate of Pay. 11.2 Sick Leave A. Definition. Sick Leave shall mean the absence from duty of a Regular Full Time Employee because of 1. An injury, illness or medical condition that did not arise out of the course and scope of employment. 2. Medical or dental examination or treatment. 48 3. Exposure to a contagious disease when quarantine is imposed by health authorities or when it is determined by a Physician that the presence of the Employee on duty would endanger the health of others. 4. A physical condition which, in the opinion of the Department Director, could result in a substantial risk of injury to the Employee, other Employees, or the public if the Employee was required to perform his /her normal duties. 5. The illness of a member of the Employee's Immediate Family. B. Eligibility. Regular Full Time Employees hired on or before January 1, 1990 and who have elected not to enroll in the Flex Leave program shall be entitled to earn Sick Leave. Regular Full Time Employees shall be entitled to earn Sick Leave except during periods when the Employee is on leave of absence without pay or a Suspension of five days or more. C. Basis for Accrual. Regular Full -time Employees shall earn Sick Leave based on the hours the Employee is regularly scheduled to work during a pay period and continuous years of service. Employees scheduled to work eighty (80) hours during a period shall earn Sick Leave in accordance with the following schedule: �erJice r ~ours or Accrual Ja +;s Acc uec; �+ ..: i "J P 2 r Per Pav Period 0 — 1 year "ter° i .85 1 — 2 years 2 — 3 years . 3 — 4 years r . 4 and over Regular Full Time Employees regularly scheduled to work other than eighty (80) hours during a pay period shall earn Sick Leave on a pro -rata basis with forty (40) hours as the denominator and the normal Work Period as the numerator. D. Method of Use. A Regular Full Time Employee shall not be entitled to take Sick Leave in excess of the amount of Sick Leave accrued as of the date of the request. E. Abuse of Sick Leave. Regular Full Time Employees shall use Sick Leave only for the purposes specified in this Manual and /or to the extent permitted by State or Federal law. The Department Director may require any Regular Full Time Employee using Sick Leave to provide medical 49 verification of the illness, injury, condition or treatment for which the Sick Leave was requested or granted. Regular Full Time Employees who have been on Sick Leave for three (3) or more consecutive days during which the Employee is scheduled to work, shall, upon request, provide their Supervisor or Department Director with written evidence from a medical professional of the reasons for the absence. In the event the Regular Full Time Employee does not provide satisfactory evidence that he /she used Sick Leave in a manner consistent with this Manual, the absence shall be converted to Vacation Leave, other paid leave, or leave without pay at the discretion of the Regular Full Time Employee. F. Notification. A Regular Full Time Employee requesting Sick Leave for unanticipated injury or illness shall notify his /her Department by phone as soon as possible after the need for Sick Leave becomes apparent but nn gill '':' -iiu�t ro. I -,)t -t• - '"'.R)'' /Cii'` :iiil Departments may establish specific rules and procedures for requesting Sick Leave. A Regular Full Time Employee requesting Sick Leave for medical treatment or evaluation shall request Sick Leave within twenty - four (24) hours after scheduling the appointment or one business day before his /her normal reporting time, whichever is earlier. G. Dependent Care. Regular Employees may use up to''Y2 of the Sick Leave or Flex Leave accrued per year to provide care (including transportation to and from any health care provider) for any member of his /her Immediate Family in need of care due to illness or injury. H. Return to Work. When a Regular Full Time Employee has been on Sick Leave for five (5) or more consecutive Workdays, the Department Director may require him /her to undergo, at City expense, an examination limited to a determination of his /her fitness to perform normal duties. Payment for Sick Leave Upon Termination. Upon Separation, in good standing, a Regular Full Time Employee or his /her estate shall be paid for a percentage of the first 800 hours (1200 hours for Fire Personnel on a 24 -hour shift) of accrued Sick Leave as follows: PERCENT OF UNUSED SICK LEAVE CONVERTED TO PAY Years of Service Percentage of Accrued Sick Leave Paid Less than 10 None 10 but less than 15 25.0% 15 but less than 20 37.5% 20 or more 50.0% The term "years of service" shall mean full -time, continuous service as a Probationary Employee and Regular Full Time Employee. The payment for Sick Leave shall be based on the Base Rate of Pay of the Employee at the time of Separation. Regular Full Time Employees who are Discharged for cause or resign in lieu of discipline shall not be eligible for payment for accrued Sick Leave. J. Illness During Vacation Leave. The Department Director may convert Vacation Leave to Sick Leave upon a written request from the Regular Full Time Employee to do so accompanied by a written statement signed by his /her attending physician describing the nature and dates of illness. 11.3 Bereavement Leave Regular Full Time Employees shall be entitled to forty (40) hours of paid Bereavement Leave per occurrence. A Regular Full Time Employee is entitled to use his /her Bereavement Leave whenever a member of his /her Immediate Family dies or becomes terminally ill. Bereavement Leave may not be accumulated from year to year. 11.4 Holiday Leave The following Days shall be observed as paid holidays for Regular Full Time Employees. In addition, each Regular Full Time Employee shall be entitled to a "floating holiday ". Regular Full Time Employees who, by virtue of their Position or assignment, are required to work on holidays shall receive an equal amount of Flex Leave/Vacation Leave or an equivalent amount of pay at the discretion of the Department Director. Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year's Eve New Year's Day President's Day Memorial Day July 4 1st Monday in September November 11 4th Thursday in November Friday following Thanksgiving Last Half of Working Day December 25 Last Half of Working Day January 1 3rd Monday in February Last Monday in May When any of the holidays listed above (except the floating holiday) occur on a Saturday, the holiday shall be observed on the preceding Friday. Holidays occurring on a Sunday shall be observed on the following Monday. Half -day 51 holidays shall be observed prior to the observed holiday. The floating holiday will be added to each Regular Full Time Employee's Vacation or Flex Leave account on the first pay period in July. 11.5 Jury Duty and Witness Leave A. Jury Duty. No Employee complying with this subsection shall be disciplined or subject to any discrimination or loss of pay or benefits for a period of sixty (60) days when required by law to attend a legal proceeding as a juror. An Employee called to serve as a juror shall notify his /her Supervisor on the first Workday following receipt of the summons. Any Employee of the City legally required to serve as a juror shall be entitled to leave with pay and all benefits as long as his /her presence is legally required but not to exceed sixty (60) days whichever comes first. The Employee shall have the jury calendar or assignment sheet signed by the jury clerk or commissioner and shall deliver this calendar /sheet to his /her Supervisor at the end of each week to verify jury duty. An Employee shall deposit with the City any fees for service, excluding mileage, received for service and during the time the Employee receives his /her Base Rate of Pay with the City. An Employee who is released by the court from jury duty on any regularly scheduled Workday shall contact his /her Supervisor to find out whether he /she is required to return to work. B. Witness Leave. Any Employee required to attend a legal or administrative proceeding on behalf of the City, or to testify to any act or omission occurring within the course and scope of his /her employment, shall be considered on duty while in attendance. The Employee shall deposit all fees, except mileage, with the City. Any Employee required to attend a legal or administrative proceeding on behalf of a party other than the City in a matter unrelated to his /her employment with the City shall not be entitled to compensation during his /her absence except to the extent required by State law. However, the Employee may use accrued Flex Leave, Vacation Leave or other paid leave during his /her absence. 11.6 Family and Medical Leave This Section briefly summarizes the relevant provisions of the City's Family and Medical Leave Policy that is contained in the Appendix. This Policy describes the rights of Employees eligible to take Family and Medical Leave and Pregnancy Disability Leave pursuant to current Federal or State law, the effect of taking Family and Medical Leave, medical certification requirements, and other relevant information. Employees shall be entitled to up to four (4) months of Family and Medical Leave to the extent provided, and consistent with the terms and conditions imposed by, State and Federal law. Family and Medical Leave includes leave related to the birth of a child, the placement of a child in 52 connection with an adoption or foster care, or the serious health condition of the Employee, or the Employee's parent, child or spouse. An Employee may receive up to two (2) additional months leave due to the Employee's own serious health condition if the Employee provides the required medical certification, the Department Director is able reasonably to accommodate the absence and the City Manager approves the request. 11.7 Leave of Absence Without Pay An Employee may request a Leave of Absence Without Pay. The request shall indicate the length of the leave requested and if the Employee intends to pay premiums for benefit plans. The Department Director may approve or deny the request in his /her sole discretion. An Employee on leave of absence without pay shall not earn Flex leave, Vacation Leave, Sick Leave, holiday leave or other benefits. An Employee on Probation shall have his /her Probationary Period extended by the amount of time on leave of absence without pay. An Employee who fails to report to work on the first Workday after the leave of absence expires shall be considered to have resigned and the Department Director shall proceed as provided in Section 10.3 of this Manual. 11.8 Special Paid Leave The City Manager may, with the concurrence of the Department Director, authorize a Regular Full Time Employee to take a special leave of absence with pay for a period not to exceed 180 Days upon a determination the leave will contribute to the Employee's effectiveness and be beneficial to the City. 11.9 Military Leave All Employees are entitled to Military Leave to the extent required by, and subject to the terms and conditions imposed by, provisions of State and Federal law. Employees on a Military Leave of absence shall be entitled to the salary and benefits to the extent required by State law. Employees eligible for Military Leave shall, if reasonably possible, submit a copy of their military orders to the Department Director within twenty -four (24) hours after the Employee becomes aware of the orders and the need to request Military Leave. 11.10 Administrative Leave Department Directors may grant Administrative Leave to Exempt Employees. Administrative Leave shall be granted on a case by case basis, shall not exceed eighty (80) hours per calendar year, and the amount of leave granted to any Exempt Employee shall be reevaluated each fiscal year. Administrative Leave shall be utilized during the calendar year it is granted and may not be accumulated beyond the calendar year for which it was granted without the 53 approval of the City Manager. 11.11 Voting Leave Each Employee is encouraged to vote in all elections. Employees are encouraged to vote outside of their Workday. An Employee is encouraged to obtain and use an absentee ballot if he /she may not have time to vote outside of his /her Workday due to their schedule. Under special circumstances, a Regular Full Time Employee or Probationary Employee who does not have ample time to vote outside of his /her Workday may request approval from his /her Supervisor to take up to two (2) hours of leave with pay to vote. 11.12 Workers Compensation Benefits and Industrial Accident Leave A. The City will provide workers compensation benefits in accordance with the laws of the State of California for any work - related injury or illness. These benefits include medical care, temporary disability, permanent disability, vocational rehabilitation and survivor benefits. B. In the event that any Regular Full -Time Employee is absent from work as a result of any injury or illness which comes under the State of California Workers Compensation Law, such absence shall be considered to be Industrial Accident Leave (IAL). C. Any full -time employee on Industrial Accident Leave shall receive temporary total disability (TTD) compensation mandated by the Workers Compensation Laws of the State of California and an additional sum which, when added to the TTD compensation equals the full -time employee's regular compensation on the date of the job - related injury or illness for a period not to exceed six (6) months. Regular compensation is defined as the Base Rate of Pay of the Employee on the date of the work - related injury or illness. In the event the Regular Full -Time Employee's temporary total disability exceeds the six (6) months period for Industrial Accident Leave, the Employee will continue to receive TTD compensation in accordance with the Workers Compensation Laws mandated by the State of California. D. Any Regular Full -Time Safety Employee on Industrial Accident Leave shall receive temporary total disability (TTD) compensation mandated by the Workers Compensation Laws of the State of California in accordance with Section 4850 of the Labor Code. Section 4850 of the Labor Code allows for the payment of one (1) year of salary in lieu of temporary total disability (TTD) compensation for the designated safety classifications listed in Section 4850 of the Labor Code. 54 In the event the Regular Full -Time Safety Employee's temporary total disability (TTD) exceeds the one (1) year period for Industrial Accident Leave, the employee will continue to receive TTD compensation in accordance with the Workers Compensation Laws mandated by the State of California. E. In the event that any Provisional and Regular Part-Time Employee is absent from work as a result of any injury or illness which comes under the State of California Workers Compensation Law, such absence shall be considered as temporary total disability (TTD) and the Provisional and Regular Part-Time Employee will receive TTD compensation in accordance with the Workers Compensation Laws mandated by the State of California. F. In the event any Employee who has received or is receiving any workers compensation benefits (industrial accident leave, medical care, etc.) files a civil action against a third party for allegedly causing or contributing to the cause of the injury/illness, the Employee is required to notify the Risk Manager of the filing of such legal action. SECTION 12. DISCIPLINARY ACTIONS 12.0 General Principles The City's goal is to administer discipline in an equitable way with an emphasis on progressive discipline to prevent misconduct or improving job performance. The level of discipline should reflect the objective (punishment and /or improve performance), the nature of the misconduct, the presence or absence of mitigating circumstances and the record of the Employee. Supervisors and Department Directors should enforce rules and regulations in a consistent manner. However, consistency does not mean the same discipline should be imposed in each case, rather, that the Supervisor is able to articulate an objective and reasonable basis for the discipline imposed in each case. are considered confidential. Participation in or kno,,AJedae of srr;• r consideration in a disciplinary action shali be iimiied is those ' ').:, sornel who have a legitimate business reason T or being involved. -med pursuant to this procedure will only be disclosed to those a =.. a ;�rl agents who have legitimate business need for the information. nv law. 12.1 Grounds for Disciplinary Action 55 Each of the following may constitute misconduct and be cause for discipline: A. Fraud or misrepresentation in obtaining a conditional offer of employment or an Appointment; B. Incompetence or neglect of duties; C. Inefficiency; D. Dishonesty; E. Insubordination - willful disobedience or disregard of a Supervisor's lawful directive; F. Misconduct committed during an Employee's Workday or directly related to the Employee's duties, including violations of the provisions of this Manual and /or the Appendix, violation of Department policies, tardiness or absenteeism; G. Misconduct committed when the Employee is off duty, including a violation of a criminal law, provided there is a reasonable relationship between the misconduct and the interests of the City or the Employee's duties; H. Absence without approved leave; or I. Misappropriation of, damage to, or waste of public funds or property through negligent or willful misconduct. 12.2 Definition of Certain Disciplinary Actions Disciplinary actions include: (1) a written reprimand; i2) r^ — { �;m,�.;2.ee !RR (3) disciplinary suspension; (4) disciplinary transfer or reassignment; (5) the temporary or permanent or–reduction in pay, accrued paid leave, or one or more Salary Steps; (6) demotion; (7) discharge; or (8) any other action taken for disciplinary purposes. The Department Director and /or City Manager shall have the authority to develop and /or administer disciplinary measures other than those specified in this Section whenever appropriate. The Department Director or City Manager may impose a temporary reduction or loss of pay, the loss of a grade or step, or the forfeiture of accrued paid leave or compensatory time off as an alternative to suspension, demotion or other discipline. 12.3 Informal or Formal Counseling 56 Formal or informal counseling or discussions between a Supervisor and an Employee regarding a minor performance problem does not constitute discipline. A Supervisor should have an informal discussion with an Employee to clarify expectations and resolve problems in performance as soon as possible. The formal „ ^-== counseling e° �sc—� may be documented in the Supervisor's log but shall not be included in the Employee's personnel file unless the Employee is given notice of the inclusion and an opportunity to respond in writing. An Employee is not entitled to representation be+e;a, during sV aitpr informal or formal counseling. 12.4 Written Reprimand A written reprimand may be given by a Supervisor whenever an Employee has failed to correct his /her behavior or ;e;fiorniance in response to an z-,Fat I�;r;v rsi or forn:ai c; unse!ino or when the misconduct is sufficiently serious to warrant a written reprimand. The written reprimand should be given as part of a discussion between the Supervisor and the Employee. During this discussion the Supervisor should explain the act or omission which prompted the reprimand, the appropriate conduct or performance, and the potential consequences for the failure to correct such performance or behavior. The Supervisor shall give the Employee an opportunity to respond during the discussion. The Employee shall have a right to submit a written response within days and the written response will be placed in the Employee's personnel file with the written reprimand. 12.5 Performance Improvement Program (PIP) A Department Director may, to correct or improve performance, direct an Employee to participate in, and comply with the provisions of, a PIP. The Department Director shall fully explain to the Employee the terms, conditions and provisions of the PIP prior to directing the Employee to participate in the PIP. The PIP shall be designed to provide the Employee with any training or education necessary to improve or correct performance and shall include provisions that give the Employee the opportunity to comment on evaluations of performance during the PIP. The Employee shall not be entitled to any prior written notice of, or a right to respond to or appeal, a decision to implement a PIP. 12.6 Disciplinary Suspension An Employee may be suspended or suffer a reduction (permanently or temporarily) in pay, accrued paid leave or Salary Step when previous discipline has not been effective or when the misconduct is sufficiently serious to warrant such discipline. 57 12.7 Demotion The Department Director may demote an Employee in the event of serious misconduct or in the event the Employee consistently fails to perform at a satisfactory level after receiving the training and counseling necessary to perform at a satisfactory level. Upon request of the Employee, and with the consent of the Department Director, demotion may be made to a vacant Position. No Employee shall be demoted to a Position unless he or she possesses the minimum qualifications for the Position. 12.8 Discharge Discharge is appropriate when other appropriate progressive disciplinary measures have failed or when misconduct is sufficiently serious, or when Employee does not possess the minimum qualifications for their position. 12.9 Resignation — An Alternative to Disciplinary Action An Employee may resign in lieu of disciplinary action. An Employee who resigns forfeits his /her right to contest the proposed discipline. (The Department Director is not required to accept a conditional or deferred resignation.) 12.10 Documentation of Disciplinary Action All disciplinary actions should be documented. If the action taken is a �nrtten :. suspension, a reduction in pay, a demotion, or a dismissal, or other change in pay or employment status, documentation shall be prepared in accordance with this Manual and a copy of all the disciplinary documents shall be placed in the Employee's personnel file(s). The Employee shall sign for and receive a copy of the disciplinary documents. Such signature is for ;lie uw Dose ,.iumentt only and not concurrence. Failure to sign shall be noted in the personnel file. 12.11 Employee Representation A represented Employee is entitled to the presence of an Association representative during an investigative interview conducted by the Supervisor /Interviewer whenever the Supervisor /Interviewer or Employee reasonably believes that the interview might lead to or result in disciplinary action against the Employee. The Employee must request the representation. The Supervisor /Interviewer is encouraged but not obligated to inform the Employee of the right to representation. The Employee and representative must be allowed a reasonable period of time to confer in advance of the interview. The Supervisor shall make a reasonable effort to accommodate the desire of the 58 Employee to have a specific representative, but the Supervisor is not required to unreasonably delay the interview to accommodate the schedule of the desired representative. The Supervisor sna!i make every effor to schedure the Imn -11ow ri; na hours and consider anv requests regarding, schedulmg4as tn: �.= f,'9!Gyeg ei :' -ch=c� <t F.4�E.. b "a-? vim- c�.- ��_ -�;'rc c.d ^gsia;.r•as of t. g :p,4�p.,::4w. The representative does not have the right to interfere with legitimate inquiries but may object to questions that the representative believes, in good faith, are improper. SECTION 13. DISCIPLINARY PROCEDURES 13.0 Disciplinary Procedures A. Regular Employees. Subject to the provisions of Subsection B, a Department Director shall comply with this Section prior to imposing on a Regular Full Time Employee or Regular Part Time Employee a disciplinary suspension of one (1) or more Workday(s), a reduction in pay, leave or Salary Step, a Demotion, or a Discharge. B. Other Employees. Provisional Employees, Probationary Employees and Department Directors may be terminated without cause and without compliance with the procedures outlined in this Section. Department Directors performing duties pursuant to contract shall have only those substantive and procedural rights, if any, specified in the contract. Provisional Employees, Probationary Employees and Department Directors shall have the right to an appropriate "name clearing hearing" if terminated for misconduct that adversely impacts their liberty interests as those terms are defined by then current decisional law. The "name clearing hearing" shall be limited to the production of information by the Employee that he /she believes is necessary to establish a record of the events related to the termination. In no event shall a Provisional Employee, Probationary Employee or Department Director have the right to appeal a termination. C. Exempt Employees. Employees who have been deemed exempt will be disciplined consistent with the FLSA. Suspensions resulting in salary deductions of less than a week are not permitted unless for safety rules of major significance or as permitted by FLSA. D. Direct Appointees. The City Manager, City Attorney and City Clerk are Direct Appointees of the City Council and may be terminated without cause subject only to provisions of the City Charter and any employment contract. 59 13.1 Administrative Suspensions The Department Director may order the administrative suspension of an Employee pending investigation of possible misconduct. The Department Director shall promptly notice the City Manager and Human Resources Director of any administrative suspension. An administrative suspension shall typically be with pay but may be imposed without pay to the extent permitted by statutory or decisional law. The term of the administrative suspension shall be limited to the time necessary to complete the investigation, to determine whether to impose discipline, to receive the response of the Employee to any proposed discipline and to make a final decision on discipline. 13.2 Skelly Procedure /Due Process A. Written Notice. The Department Director or designee shall give a Regular Employee at least seven (7) calendar Days prior written Notice of Intent to impose a suspension of one (1) or more Workday(s), a reduction in pay, leave or Salary Step, a Demotion or a Discharge. The written Notice of Intent shall be personally delivered to the Employee or sent by certified mail to the Employee's last known address. The notice of intent must, at a minimum, include the following information: 1. A description of the proposed action to be taken and its proposed effective date. 2. The specific grounds and particular facts upon which the action is proposed to be taken. 3. The Employee's right to receive a copy of the written materials alleged to support the proposed action. 4. A statement advising the Employee of the right to respond, orally or in writing, and the time period within which the response must be made. 5. The Employee's status during the response period. B. Employee Review and Response. The Employee shall be given an opportunity to review the documents or materials upon which the notice of intent to impose discipline is based. The Employee shall have the right to respond to the Notice of Intent, orally or in writing, within seven (7) c r Days after the Notice of Intent is personally served or the date on which the notice of intent was mailed. Failure to respond within the time specified may result in the Employee's waiver of his /her pre - disciplinary procedural rights. The time for a response may be extended by agreement and a request for five (5) additional Days to respond shall be granted if accompanied by a showing of good cause. C. Department Director Decision. The Department Director shall, within ten (10) w9rkiP.9 —Days after an Employee's response, provide the Employee with written notice of his /her decision. 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, describe the reasons for the decision (may reference the Notice of Intent) and shall be dated and signed by the Department Director. If discipline is imposed, the written response shall include a statement informing the Employee of the right to appeal and the time period within which the appeal must be made. The date for a decision may be postponed to give the Department Director sufficient time to adequately review the Employee's response before making a decision. 13.3 Appeal of Department Director's Decision A. Non -Civil Service. A non -civil service Employee may appeal a decision of the Department Director by filing a written appeal with the Human Resources Director within ten (10) Days after the Employee receives the decision of the Department Director. The Human Resources Director shall review the administrative record and may conduct an additional investigation. The Human Resources Director shall render a written decision on the appeal within ten (10) Days after receipt of the notice of appeal. The Human Resources Director shall have the right to modify discipline imposed by the Department Director. The decision of the Human Resources Director shall be personally served on the Employee or mailed to the Employees last known address, t,..ct a , =c— id! u _r and ceriifed mail and shall advise the Employee of his /her right of appeal. B. Civil Service Employees. Civil Service Employee's shall have the right to appeal the Department Director's decision to the City Manager. The procedures for processing the appeal of a Civil Service Employee shall otherwise be identical to the procedures for processing a Non -Civil Service Employee's appeal. 13.4 Appeal to Civil Service Board T uan Employee may appeal the decision of the Human Resources Director or the City Manager, as appropriate, for :iiscipiinc Of a - _ ne dev suspension or more or the ecutvalent reduction in ^,.v or „n appeal may be reauested by filing a Notice of Appeal with the 61 = ;re ary of the Civil Service Board (Human Resources Director). The Notice of Appeal must be filed within ten (10) Days from receipt of the decision of the Human Resources Director or City Manager. The Civil Service Board shall schedule and conduct a hearing in accordance with procedural rules adopted by the Civil Service Board. In the case of Civil Service Employees, the decision of the Civil Service Board shall be final. In the case of Non -Civil Service Employees, the decision of the Civil Service Board shall be advisory and the record of the hearing /decision shall be submitted to the City Manager. 13.5 Final Decision The City Manager shall render the final decision on all appeals of discipline submitted to the Civil Service Board by Non -Civil Service Employees. The City Manager shall review the record of the hearing before the Civil Service Board, including the findings and decision, and render a decision within twenty (20) Days after the record is submitted by the - Secretary of the Civil Service Board. The City Manager shall give written notice of his /her decision to the Employee and Department Director. 13.6 Preparation and Attendance An Employee shall not be considered on duty while researching, writing or preparing an appeal or for and disciplinary hearing, or while appearing before the Civil Service as a party to a disciplinary hearing. An Employee shall not be permitted to research, write or prepare a grievance, disciplinary appeal or related document during his /her Workday except during meal periods and breaks. SECTION 14. GRIEVANCES 14.0 Matters Subject to Grievance Procedures A "grievance" is a job - related complaint by an Employee regarding the terms and conditions of employment arising out of the interpretation or application of existing ordinances, rules, regulations, or policies related to matters within the scope of representation. 14.1 Matters Not Subject to Grievance Procedures Except to the extent otherwise provided by an MOU, the following matters are not subject to the grievance procedures: A. Discipline - including ^ R�-�' written reprimands. , or i inw counseiina. B. Management of the City generally and issues of City or Department 62 policy. C. Necessity and organization of any service or activity conducted by the City including the expansion or reduction of services or workforce. D. Determination of the nature, manner, means, technology, and extent of services to be provided to the public. E. Methods of financing. F. Types of equipment or technology to be used. G. Determination of and /or change in facilities, methods, technology, means and size of the workforce by which City operations are to be conducted. H. Determination of and /or change in the location, number of locations, relocations and types of operations, processes and materials to be used in carrying out City functions. Establishment and approved modifications of job Classifications, or Reclassifications. J. Establishment, implementation, and modification of Departmental structure, supervisory assignments, chain of command, and reporting responsibilities. K. Performance Evaluations The categories of matters that are not subject to the grievance procedure in this Manual are general in nature and the City acknowledges that there may be occasions where the actions described in this Section would be subject to the grievance procedure or the "meet and confer' process. On the other hand, the failure to list a "management right" or other proposed action in this Section does not mean the City has an obligation to meet and confer or consider any grievance related to the proposed action. ,s _rc. -,onsidered confidential. Participation :n o,- I,novdeaae ti;e ... � ',e' I-ensideratlon in a grievance shall be limited 'o those D, ;Dart -rent .. 'ave a legitimate business ieason for be;ng inyowed. 1 ^form Tlcr. _:ant this procedure ill onh, DE' disciose_I '0 thcs6 ":nn iecutirnate business need to, !ne intormauon, '.'.; 14.2 Freedom from Reprisal No Employee shall be subject to any retaliation, harassment, discipline or other 63 adverse employment action for discussing a request or complaint with his /her immediate Supervisor, or for filing a grievance petition. 14.3 Consolidation Grievance petitions involving the same or similar issues, filed by Employees in the same representation unit, may be consolidated for presentation, hearing and /or decision at the discretion of the person or board considering the petitions. 14.4 Resolution Any grievance petition resolved at any step of the grievance procedure shall be considered final. 14.5 Withdrawal Any grievance petition may be withdrawn by the Employee or Employee's Association at anytime, without prejudice. 14.6 Resubmission Upon consent of the person hearing the grievance petition and the Employee, a petition may be resubmitted to a lower step in the grievance procedure for reconsideration. 14.7 Employee Representation An Employee may, upon request, be represented in the preparation and presentation of the grievance at any step, provided, however, an Employee may not be represented by his /her Supervisor and no Supervisor shall be represented by an Employee he /she supervises. The ErnpIGyee and ope _mpioyee a� r212 =�eo fr ^m ^aerl, f ^r e ,o ,^ = ^l° d of tirr,e in .. _ ocu O a . o c�"2ri- . �e rg'rrleyanGe-- provided th e "Q -P not it ^c n + r CA _ An Employee shall not research, write or prepare a grievance or disciplinary appeal during normal working hourse breaks and meal periods. An Employee and when appiicable, e representative shall aat --be entitled to release time to appear at vz'vance or disciplinary appeals before his/her immediate supervisor, -,en* Director. Citv Manager or the Civil Service Board if the nearin; is during reaulariv scheduled working hours ! ^ ith .hrGy For purposes of this section release time shall rrc ,.vork hours if during emplovees regularly scheduled work hours. 14.8 Miscellaneous An Employee is required to comply with all lawful direct orders of his /her 64 Supervisor as a condition to filing a grievance. 14.9 Grievance Procedure — Step 1 Every effort should be made to resolve a grievance through informal discussion between the Employee and the Employee's immediate Supervisor, unless extenuating circumstances exist. A grievance shall be brought to the attention of immediate supervisor for discussion within ten (10) days of when the grievance arose. If the Employee is not satisfied with the decision reached through the informal discussion or if extenuating circumstances exist, the Employee shall have the right to file a formal grievance in accordance with Section 14.10. 14.10 Grievance Procedure —Step 2 If the Employee is not in agreement with the decision rendered in Step 1, an Employee shall have the right to present a formal grievance to the Department Director within ten (10)k!�; Days after the discussion in Step 1. The right to file a grievance petition shall be waived in the event the Employee fails to file a formal grievance within ten (10) Days after the occurrence of the incident that forms the basis of the grievance. All formal grievances shall be submitted on the form prescribed by the Human Resources Director and no formal grievance shall be accepted until the form is complete. The formal grievance shall contain a clear, concise statement of the grievance and facts upon which it is based, rule, regulation or policy allegedly violated, and the specific remedies sought. ;,L'Tents must Je attached to this ;Cieyami( :.^.pies , ♦}policies, Q Ocei)Uf- -s OI" " •r' .. :S ? :• t" . ":6 s cited as the basis of the incident A,:: 9c'. The Department Director should render a written decision within ten Days after receipt of the formal grievance. 14.11 Grievance Procedure — Step 3 If the formal grievance has not been satisfactorily adjusted in Step 2, it may be appealed to the City Manager within ten (10) � P*,P, Days after the Employee receives the decision. The City Manager may accept or reject the decision of the Department Director and shall render a written decision within ten (10) Days after receipt of the formal grievance. The decision of the City Manager shall be final and conclusive. If mutually agreeable, a meeting may be conducted involving all affected parties at any step in the grievance procedure prior to a decision. The City Manager may delegate uninvolved Department Directors to act on behalf of the City Manager to provide findings and recommendations. The findings and recommendations of the uninvolved Department Directors are advisory only and the City Manager's decision shall be final. 14.12 Time Limits 65 Grievances shall be processed from one step to the next within the time limit indicated for each step. Time limits shall be strictly enforced. Any time limits established in this Manual can be waived or extended only by mutual agreement confirmed in writing. Any grievance not carried to the next step by the Employee within the prescribed time limit shall be deemed resolved upon the basis of the previous decision. SECTION 15. REDUCTIONS IN FORCE 15.0 Reductions in Force /Layoffs The provisions of this Section shall apply when the City Manager, in his /her sole discretion, determines that a reduction in the workforce is warranted because of actual or anticipated reductions in revenue, reorganization of the workforce, a reduction in municipal services, a reduction in the demand for service or other reason unrelated to the performance of duties by any specific Employee. Reductions in force are to be accomplished, to the extent feasible, on the basis of Seniority within a particular Classification or Classification Series and this Section should be interpreted accordingly. 15.1 Definitions The following definitions shall apply to the interpretation and administration of this Section: A. "Layoffs" or "Laid Off' shall mean the non - disciplinary termination of employment. B. "Seniority" shall mean the time an Employee has worked in a Classification or Series calculated from the date on which the Employee was first granted permanent status in the current Classification or any Classification within the Series, subject to the following: 1. Credit shall be given only for continuous service subsequent to the most recent Appointment to permanent status in the Classification or Series. 2. Continuous service shall include time spent on paid leave, industrial leave, military leave but not leave of absence without pay, suspension or unauthorized leave of absence. C. "Classification" shall mean one or more full time Positions identical or similar in duties. Classifications within a Series shall be ranked according to pay (lowest ranking, lowest pay). m D. "Series" shall mean two or more Classifications within a Department which require the performance of similar duties with the higher ranking Classification(s) characterized by the need for less supervision, more difficult assignments and more responsibilities for subordinates. The City Manager shall determine those Classifications that constitute a Series following a meet and consult process with the relevant Recognized Employee Association. E. "Bumping rights, bumping or bump" shall mean (1) the right of an Employee, based upon seniority within a Series, to bump into a lower ranking Classification within the same Series, (2) to be followed by an Employee being permitted to bump into a Classification within a different Series. The latter bumping shall be based upon unit wide seniority and shall be limited to a Classification in which the Employee previously held a regular status. No Employee shall have the right to bump into a Classification for which the Employee does not possess the minimum qualifications such as certificates, specialized education, training or experience. 15.2 Procedure In the event the City Manager determines to reduce the number of Employees within a Classification, the following procedures are applicable: A. Provisional and Probationary Employees within any Classification shall, in that order, be laid off before Regular Employees. B. Employees within a Classification shall be laid off in inverse order of seniority. C. An Employee subject to layoff in one Classification shall have the right to bump a less senior Employee in a lower ranking Classification within a Series. D. An Employee who has bumping rights shall notify the Department Director within three (3) working Days after notice of layoff of his /her intention to exercise bumping rights. E. In the event two or more Employees in the same Classification are subject to layoff and have the same seniority, the Employees shall be laid off following the Department Director's consideration of established performance evaluations. 15.3 Notice 67 Employees subject to layoff shall be given at least thirty (30) Days advance notice of the layoff or thirty (30) Days pay in lieu of notice. This notice will include unIo!iia rights. In addition, Employees laid off will be paid for all accumulated Flex Leave, Vacation Leave, Holiday Pay, Compensatory Time Off, and Sick Leave to the extent permitted by this Manual. 15.4 Re- Employment Regular and Probationary Employees who are laid off, reduced in Classification, demoted, or transferred shall be placed on a Department Re- Employment List in reverse order of layoff. The Re- Employment List shall expire in ^i - ) years. In the event a vacant Position occurs in the same or lower Classification that the Employee occupied at the time of layoff, reduction in Classification, demotion or transfer, the Employee at the top of the Department Re- Employment List shall have the right to an Appointment within seven (7) Days of written notice of the vacancy. Notice shall be deemed given when personally delivered to the Employee or deposited in the U.S. Mail, first class postage prepaid, and addressed to the Employee at his or her last known address. Any Employee shall have the right to refuse to be placed on the Re- Employment List or the right to remove his or her name from the Re- Employment List by sending written confirmation to the Human Resources Director. 15.5 Severance If an Employee is laid off from his /her job with the City for economic reasons, the City will grant severance pay in an amount equal to one week of pay for every full year of continuous employment service to the City up to ten (10) weeks of pay. SECTION 16 ON-CALL TIME AND CALL BACK DUTY 16.0 On -Call Time A. Definition. On -call time is time spent by Employees, usually off the working premises, in their own pursuits, where the Employee is available to be called back to work on short notice if the need arises, subject to contact by telephone or pager, within a specified distance from the Employee's workstation, and without engaging in activities that could impair his /her ability to perform his /her assigned duties. B. Compensation. When an Employee is directed to be on -call during a specified period, on -call time shall be compensated at the rate of one (1) hour of overtime compensation for each eight (8) hours of on -call time. On -call time on holidays shall be compensated at the rate of two (2) hours M of overtime compensation for each (8) hours of on -call time. If an Employee is required to return to work while on on -call status, the provisions pertaining to Call Back DutyiPay shall apply for the time the Employee is on duty. 17.1 Call Back DutyfPav A. Definition. Call Back Duty /Pay means a directive to an Employee to return to his /her workplace after his /her Workday and the Employee has left his /her normal workstation. Overtime scheduled or worked during or immediately after the Workday is not considered Call Back DutyiPay. B. Compensation. An Employee on Call Back Duty;Pav shall be paid for two (2) hours, or one and one -half (1 -1/2) times the hours worked, whichever is greater. F:\ users\ cat \shared\da \PolicyPersonnel \030901 draft.doc m APPENDIX A CITY OF NEWPORT BEACH UNLAWFUL DISCRIMINATION AND HARASSMENT POLICY Section 1. City Policy The City of Newport Beach ( "City "), as your employer, must take all reasonable steps to prevent unlawful discrimination and harassment from occurring. The City will not tolerate unlawful sexual harassment or discrimination because of race, color, national origin, ancestry, religion, creed, physical or mental disability, medical condition, marital status, veteran status, sex, sexual orientation, age, genetic characteristics or information, or any other basis protected by applicable Federal or State laws. All such harassment and discrimination is prohibited. The City's Policy applies to all Employees, including provisional, temporary and contract employees, and independent contractors and subcontractors, and their employees when specified by contract. 1 Section 2. Sexual Harassment Defined Federal and State law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made a term or condition of employment; or 2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. This definition includes many forms of offensive behavior. The following is a partial list: 1. Unwanted sexual advances. 2. Offering employment benefits in exchange for sexual favors. 3. Making or threatening reprisals after a negative response to sexual advances. 1 This Policy is intended to protect, to the extent possible, Employees from harassment by clients, vendors, independent contractors, or others doing business with the City. Employees are also prohibited from sexual harassment of vendors, residents or anyone with whom an Employee deals with on the job. Employees shall follow the procedures in this Policy as if the harasser were an Employee of the City. APPENDIX A OF EMPLOYEE MANUAL 1 4. Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects, pictures, cartoons or posters. 5. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee's body or dress. 6. Verbal sexual advances, propositions or requests. 7. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. 8. Physical conduct: touching, assault, impeding or blocking movements. ➢ Retaliation for reporting harassment or threatening to report harassment. It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves co- worker harassment, harassment by a supervisor or manager, or persons doing business with or for the City. Section 3. Preventing Discrimination and Sexual- Harassment Complaint Procedure: A. Employees who believe they have been unlawfully sexually harassed or discriminated against while on the job, shall provide a written or verbal complaint to his or her supervisor, the Human Resources Director or the City Manager as soon as possible. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and managers must immediately refer all harassment complaints to the Human Resources Director. B. All incidents of unlawful sexual harassment or discrimination that are reported must be investigated. The Human Resources Director shall notify the City Attorney of the complaint and shall undertake or direct an effective, thorough and objective investigation of the complaint, as promptly as possible. The Human Resources Director shall: 1. Meet with the Employee(s) who experienced the sexual harassment or discrimination, discuss the incident, obtain any relevant information, confirm that an investigation will be initiated and advise the Employee(s) to report any possible retaliation; APPENDIX A OF EMPLOYEE MANUAL 2 2. In consultation with the City Attorney, initiate a prompt investigation to determine all the facts surrounding the incident. The investigation will be conducted in as confidential manner as possible subject to the need to conduct a thorough investigation; 3. Conclude the investigation in a reasonable period of time and communicate the results of the investigation to the Employee(s) who complained, the accused harasser(s), the Director of the Department in which the Employee works and the City Manager; 4. Ensure that appropriate disciplinary and/or corrective action is initiated and implemented where conduct in violation of this Policy is found to have occurred. C. If the City determines that sexual harassment or discrimination has occurred, the City will take effective disciplinary or remedial action as warranted, up to and including termination. D. Clients, independent contractors, vendors, or others doing business with the City should be directed to use this Complaint Procedure for any claim of sexual harassment or discrimination. Section 4. Retaliation In accordance with applicable law, the City prohibits retaliation against any person because the person files a complaint about conduct that the person reasonably believes constitutes unlawful employment harassment or discrimination. Also prohibited is retaliation because of a person's participation in an investigation, proceeding or hearing related to a violation of this policy. Any retaliatory adverse employment action because of such complaint or participation is unlawful and will not be tolerated. All complaints alleging retaliation under this Policy are protected provided that the complaint or communication is made with a reasonable good faith belief that a violation of this Policy has occurred. All complaints of retaliation should be processed in the same manner required under this Policy. The City will provide prompt thorough and objective investigation of any claim of retaliation. If the City determines that retaliation has occurred, the City will take effective disciplinary or remedial action as warranted, up to and including termination. Section 5. Management Responsibilities All Supervisors are responsible for ensuring a workplace free from unlawful discrimination or harassment as defined in this Policy and State and Federal law. Supervisors shall be responsible to do the following: A. To promptly file a written report of any unlawful discrimination or harassment with APPENDIX A OF EMPLOYEE MANUAL 3 the Department Director and Human Resources Director whenever the Supervisor knows or should have known of an incident by virtue of his /her training and experience. The report shall be filed even if the Employee(s) who experience the discrimination or harassment requests(s) that no action be taken. The report shall not be filed with the Department Director if the Department Director is alleged to have participated in the discrimination or harassment. B. To ensure that appropriate action is taken in response to the Supervisors report of unlawful discrimination or harassment. C. To ensure that: 1. All Employees they supervise attend any and all required training designed to prevent unlawful harassment and discrimination. 2. All Employees they supervise receive a copy of, and opportunity to discuss and ask questions about, this Policy. 3. Material which violates this Policy is not presented, transmitted, or openly displayed within the workplace. 4. All Employees they supervise are informed of their rights to complain of unlawful discrimination or harassment and of the assistance available pursuant to this Policy. Section 6. Violation of Policy An Employee who violates any provision of this Policy is subject to discipline or remedial action as warranted, up to and including termination. Section 7. Liability for Sexual Harassment Any Employee who engages in sexual harassment, including any supervisor or manager who knew about the harassment and took no action to stop it, may be held personally liable for monetary damages. Section B. Employee's Rights It is the goal of this Policy to identify and prevent unlawful discrimination or harassment. If problems and /or concerns arise, Employees are urged to make use of the process as set forth in this Policy. However, any Employee has the right to go directly to the California Department of Fair Employment and Housing or the Federal Equal Employment Opportunity Commission for assistance. APPENDIX A OF EMPLOYEE MANUAL 4 The California Department of Fair Employment and Housing may be contacted at the following telephone numbers: Los Angeles: (213) 439 -6799 Santa Ana: (714) 558 -4266 The Federal Equal Employment Opportunity Commission may be reached at the following telephone number: Los Angeles: (213) 894 -1000 The City maintains a posted Notice regarding sexual harassment and discrimination at all employees' work sites, which contains additional information regarding how to contact these agencies. F:\ use rs\ cat \s hared \da \Pol icyPerso n n el\E mployeeMa n ual\Hppe ndix\Hha rass mentpo licy03120 7.do c APPENDIX A OF EMPLOYEE MANUAL 5 APPENDIX B CITY OF NEWPORT BEACH DRUG AND ALCOHOL POLICY Section 1. Purpose The City of Newport Beach ( "City ") recognizes the important responsibility it shares in maintaining a safe and secure environment for those who live, work and play in the City. Further, the City is committed to providing its Employees with a safe, efficient and healthful workplace. Being under the influence of alcohol and /or any drug poses a serious risk to the health, safety, security and image of the City, its Employees and the public we serve. This Policy establishes the rules and procedures regarding the use of drugs and /or alcohol as it pertains to employment and the procedures to be used to test Employees for drug and /or alcohol use. Section 2. Violation of Policy The City will not tolerate or excuse any violation of this Policy and a violation of this Policy will result in disciplinary action, up to and including termination. Section 3. Individuals Covered This Policy applies to all City job applicants and Employees. (For purposes of this Policy, "Employee" shall include Provisional Employees and Employees of independent contractors who perform work for the City and are required to be covered by this Policy under State or Federal law.) A copy of this Policy will be given to all Employees, Provisional Employees and covered independent contractors. Notices of this Policy will be posted on all Department bulletin boards and copies are available in the Human Resources Department. Section 4. Confidentiality Any information about an Employee's use of prescription or non - prescription medication, the results of any pre - employment or for -cause drug and /or alcohol testing, and /or an Employee's past or present participation in rehabilitation or treatment for substance abuse shall be considered confidential personnel information and shall not be disclosed except as expressly provided in this Policy. Information obtained pursuant to this Policy will only be disclosed to those City officials and agents who the Human Resource Director and Department Director determine have a need for the information, or as required by law. APPENDIX B OF EMPLOYEE MANUAL 1 Section 5. Sensitivity All Employees and Supervisors shall be thoughtful and respectful when dealing with Employees suspected of inappropriate use of drugs and /or alcohol. Allegations or suspicions of drug and /or alcohol use in violation of this Policy are to be handled with the utmost objectivity, confidentiality and within the guidelines of this Policy. Section 6. Definitions A. "Alcohol' shall mean the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. B. "Chain of Custody" shall mean procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen at the certified laboratory. C. "City Equipment' shall mean all property and equipment, machinery and vehicles owned, leased, rented or used by the City. D. "Collection Site" shall mean a designated clinic /facility where applicants or Employees may present themselves for the purpose of providing a specimen of their blood or urine to be analyzed. Collection Sites shall include the following or as otherwise designated by the Drug Program Manager: 1. National Safety Compliance, Inc. 61 Argonaut Aliso Viejo, CA, 92656 (949) 472 -0645 2. Quest Diagnostics 320 Superior Suite 295 Newport Beach, CA, 92660 (949) 646 -3263 3. After Hours/Weekend Testing: Hoag Hospital Emergency Care Unit 301 Newport Boulevard Newport Beach, CA, 92663 (949) 760 -2372 4. h Del Ge deportment n flr APPENDIX B OF EMPLOYEE MANUAL 2 The Collection Site will comply with all methods of collection and Chain of Custody and provide documentation of compliance to the City. E. "Drug or Drugs" shall mean any controlled substance that is not legally obtainable under State or Federal law, or a prescription drug obtained or used without benefit of a prescription by a licensed physician. F. "Drug Program Manager (DPM)" shall mean Human Resources Director or , designee. "Medical Review Officer (MRO)" shall mean a licensed physician with knowledge of drug abuse disorders. MRO reviews all negative and positive test results and interviews individuals who tested positive to verify the laboratory report before the employer is notified. MRO recommends whether and when an Employee who refused to take or did not pass a drug and /or alcohol test may return to work and schedules follow -up unannounced testing for a period of up to 60 months from the date Employee tested positive. J" er shatl be as follows or as othen:v se desicanate o:o Manager: G J. -D, _- qo Dave ills, °2653 - _'645 H. "Prescription Drug" shall mean any substance that can lawfully be obtained or possessed pursuant to a prescription by a licensed physician. "Positive Test" shall mean to have the presence of a drug or a drug metabolite and /or alcohol in a person's system as determined by appropriate testing of a blood or urine specimen that is equal to or greater than the levels allowed by this Policy in the confirmation test, and which is determined by the MRO to be the result of the use of drugs and /or alcohol. J. "Testing Laboratory" shall mean a Substance Abuse and Mental Health Services Administration (SAMHSA) certified testing laboratory K. "Substance Abuse Professional (SAP)" shall mean a licensed physician, social worker, psychologist, Employee Assistance Program (EAP) or certified National Association of Alcohol and Drug Abuse Counselors (NAADAC) with knowledge of and clinical experience in diagnosis and treatment of alcohol and controlled substance disorders. Section 7. Restrictions on the use of Alcohol APPENDIX B OF EMPLOYEE MANUAL 3 Employees may not use or possess alcohol while on City property, while performing their duties (whether or not on City property) or at any time when use of alcohol would impair, to any extent, the Employee's ability to perform his /her duties or operate any City Equipment. Section B. Prohibition Against the use of Drugs No Employee shall possess, use, sell, transfer, manufacture, purchase or transport drugs or attempt to do so or report to work with drugs in his or her system. No Employee shall possess, use, sell, transfer, manufacture, purchase or transport prescription drugs, or attempt to do so, or report to work with prescription drugs in his or her system, unless the prescription drug has been lawfully prescribed to the Employee. Section 9. Criminal Drug Statue Convictions To fulfill its obligations under the Federal Drug -Free Workplace Act of 1988, the City requires any Employee who is convicted of any criminal drug statute, for a violation occurring in the workplace, to provide written notice of the conviction to the Department Director no later than five (5) days after the conviction. The City is also required, and will fulfill its obligations to, educate Employees on the harmful effects of using and abusing drugs and /or alcohol. As required by law, the City will notify federal contracting agencies within ten (10) days after receiving notice that an Employee, directly engaged in performance of work on a federal contract, has been convicted of a criminal drug statute violation resulting from conduct occurring in the workplace. Whenever the City has reason to believe that Federal, State or local drug laws are being violated, the City may refer the matter to the appropriate law enforcement agencies for investigation and possible criminal prosecution. Independent contractors, or employees of independent contractors, working on City projects are required by law or contract to notify the City, Human Resources Director or Department °, ° Director of a drug and /or alcohol related conviction or positive test for drugs and /or alcohol will not be permitted to work on City projects. Section 10. Medication Reporting Requirements Employees shall ask the prescribing physician and /or review product packaging themselves to determine whether the use of a prescription drug or over - the - counter medication may impair his /her ability to perform his /her normal job duties or to safely operate City Equipment. An Employee must report the use of any prescription drug or over - the - counter medication to his /her Supervisor if he /she has any reason to believe that the use of the prescription'drug or over - the - counter medication may affect his /her ability to perform normal duties or to safely operate any City vehicle. The Supervisor is responsible, after an Employee's notification, to refer the Employee to his or her APPENDIX B OF EMPLOYEE MANUAL 4 prescribing physician to advise the Supervisor whether any work restriction or limitation is necessary. Notices or communication required by this Section shall be confidential and disclosed to other City Employees only to the extent expressly permitted or required by this Policy. Section 11. Indications for Alcohol and Drug Testing A. Job Applicants — All job applicants must take and pass a mandatory drug and alcohol test as soon as practical following their acceptance of a conditional offer of employment and prior to the first day of employment with the City. Job applicants who test positive for drugs and /or alcohol or unauthorized prescription drug use shall not be hired and may not re -apply for a position with the City for one (1) year from the applicant's last positive test. A job applicant's refusal to submit to testing, or attempt to tamper with or adulterate a test sample, will be considered a refusal to participate in the testing process, and any conditional offer of employment will be rescinded and may not apply for a position with the City for one (1) year from the applicant's refusal to participate in the testing process. B. Employees — The City may require an Employee to submit to a drug and /or alcohol screen test under the following circumstances: 1. Following a work - related accident, incident or mishap that resulted in death, or injury requiring medical treatment away from the scene of the accident, or property damage, where drug and /or alcohol use by Employee cannot be ruled out as a contributing factor. Exhibit C. 2. When a Supervisor has reasonable suspicion to believe, based upon specific, articulable facts and observations, that the Employee may be under the influence of drugs and /or alcohol. Exhibit C. 3. When a Supervisor has reasonable suspicion to believe, based upon specific, articulable facts and observations, that the Employee either possesses, uses, sells, transfers, manufactures, purchases or illegally transports alcohol, drugs and /or drug related paraphernalia or attempts to do so. Exhibit C. 4. Follow -up testing for Employees who have returned to work following a positive test and their participation in a drug and /or alcohol rehabilitation program. 5. When an on duty Employee is contacted by a Police Officer who has reasonable suspicion to believe the Employee is under the influence of alcohol or drugs has been involved in an on -duty vehicle - related incident and the officer suspects the Employee is under the influence of drugs and /or alcohol. APPENDIX B OF EMPLOYEE MANUAL 5 Section 12. Drug and Alcohol Testing A. ADMINISTRATION 1. The Human Resources Director or his /her designee is the DPM and shall be responsible for overseeing implementation of this Policy and testing procedures in Exhibit C. The Human Resources Director will be responsible for reviewing all disciplinary actions resulting from violations of this Policy. 2. The DPM shall be responsible for the following: Communications directly with the MRO and /or SAP and SAMHSA regarding any drug and /or alcohol tests; ii. Overseeing testing programs; iii. Provide training to Supervisors and Employees; B. PROCEDURES 1. Mandatory Reporting — Any Employee who has reason to believe that another Employee may be in violation of this Policy shall immediately notify his or her immediate Supervisor. The Supervisor should take whatever immediate action deemed prudent to ensure the safety of the public and Employees. Should the Supervisor have reasonable suspicion to believe, based upon specific, articulable facts and observations, that the Employee may be under the influence of drugs and /or alcohol, the Employee should be immediately be removed from the workplace and placed upon administrative leave with pay until such time as testing results confirm or refute the presence of drugs and /or alcohol. The Supervisor shall use the Reasonable Suspicion Evaluation Form (Exhibit A) to assist in making this determination. Should an Employee be found in violation of this Policy, administrative leave may be reversed and the lost time may be charged against the Employee's leave bank and /or leave without pay. 2. Consent - No drug and /or alcohol test may be administered, sample obtained, or drug and /or alcohol test be conducted on any sample without the written consent of the person being tested. (Exhibit B.) However, refusal to submit to testing, or attempt to adulterate or evade the testing process, will be viewed as insubordination and will subject the person to disciplinary action up to and including discharge. The City will pay the cost of all drug and /or alcohol tests it requires under this Policy. 3. Collection and Chain of Custody — Persons being tested will be asked to provide a urine or blood sample at the Collection Site person. Procedures APPENDIX B OF EMPLOYEE MANUAL 6 for urine collection will allow for individual privacy unless there is reason to believe the individual may alter or substitute the specimen to be provided. Samples will be tested for temperature and subject to other validation procedures as appropriate. The Collection Site person will maintain Chain of Custody procedures at all times. 4. Testing Methods — All tests will be screened using an immunoassay technique and all presumptive positive tests will be confirmed at an independent laboratory using gas chromatography /mass spectrometry (GC /MS). The City will test for cannabinoids (marijuana), cocaine, amphetamines, opiates, barbiturates, benzodiazipines, and phencyclidine (PCP) as well as alcohol. Tests will seek only information about the presence of drugs and /or alcohol in an individual's system and will not test for any medical condition. 5. Notification — Any Employee who tests positive will be notified by the MRO and will be given an opportunity to provide the MRO any reasons he or she may have that would explain the positive drug and /or alcohol test, other than the presence of alcohol or the illegal use of drugs. If the Employee provides an explanation acceptable to the MRO that the positive drug or alcohol test result is due to factors other than the presence of drugs and /or alcohol in the test specimen, the positive test result will be disregarded and reported to the City as negative. Otherwise, the MRO will report the positive test result to the DPM or Human Resources Director. Test results will be disclosed only to the extent expressly authorized by this Policy. 6. Split Sample Testing — An Employee who has been subjected to drug and /or alcohol screening may request a split sample test be conducted at a certified laboratory chosen by the Employee. All costs associated with an Employee's decision to pursue split sample testing will be the full financial responsibility of the Employee. The Employee must adhere to the following procedures to maintain strict Chain of Custody of the sample and validity of the split sample test results: i. The Employee must submit a written request, in person, to the testing laboratory that conducted the drug and /or alcohol screening on behalf of the City. The request must be made on a form provided by the City's testing laboratory. ii. The request will be forwarded to the testing laboratory used by the City facility. They will release the split sample to the certified lab chosen by the Employee provided they have received the properly executed Chain of Custody release form. iii. The laboratory selected by the Employee must be a certified laboratory per State regulations and authority and be able to APPENDIX B OF EMPLOYEE MANUAL 7 conduct gas GC /MS method of testing for validation of testing results. Any method of testing performed on the split sample that is not the GC /MS method will be considered invalid. iv. The split sample test results will not be released to the City without the Employee's written consent. Section 13. Rehabilitation A. Voluntary Referral — The City encourages any Employee with a drug and /or alcohol problem to voluntarily seek appropriate counseling and treatment. Employees may seek assistance through the Human Resources Department, the City- sponsored Emplovee Assistance Program (EAPI, and /or through their personal physician and health insurance program. An Employee requesting this assistance will not be disciplined solely due to the request but may, with Employee's consent, be transferred, given work restrictions, or placed on leave while receiving treatment and until the Employee is drug and /or alcohol free. Each Employee is responsible for seeking assistance before the Employee's drug and /or alcohol problem leads to a violation of this Policy, or before the Employee is asked to submit to a drug and /or alcohol screen test. B. Leave Time — Employees must use available sick time, vacation accrual, flex leave or request personal leave of absence without pay if time off from work is necessary for any treatment or rehabilitation program. The costs of long -term rehabilitation or treatment services, whether or not covered by the Employee's medical plan, are the ultimate responsibility of the Employee. F:\ use rs\ cat \s ha red\da\Poli cyPe rso n ne RE mployee Manua l\Appe nd ix \Bd rugAlco ho I Po li cy031201.d oc APPENDIX B OF EMPLOYEE MANUAL 8 EXHIBIT A DRUG AND ALCOHOL POLICY REASONABLE SUSPICION EVALUATION FORM Employee Observation Date and Time: Location of Employee: Location of Supervisor(s): Others present during activities or observations: Incident(s) observed which give cause for reasonable s (Examples could be: takes needless risks, accident(s), disregard for others safety, unusual /distinct pattern of absenteeism/tardiness, increased high/low periods of productivity, lapses of concentration or judgment, etc.) Presence of alcohol, alcohol containers, drugs, and /or drug paraphernalia (specify): 2. Appearance _Flushed _Inappropriate _Disheveled _Bloodshot Eyes _Puncture Marks _Tremors _Profuse Sweating _Runny Nose /Sores _Smell of Alcohol —Dry-mouth symptoms —Dilated/Constricted Pupils _Inappropriate Wearing of Sunglasses Other: 3. Behavior /Speech: _Incoherent _Confused _Agitated Other: 4. Awareness: Confused _Lethargic _Lack of Coordination Other: _Slurred _Unconscious _Slowed —Hostile/Confrontation _Sleeping on the job _Mood Swings _Euphoric _Paranoid Disoriented 5. Motor Skills /Balance: _Unsteady _Swaying _Staggering _Stumbling _Arms Raised for Balance Other: 6. Other observed Actions or Behaviors: _Falling _Reaching for Support APPENDIX B OF EMPLOYEE MANUAL 9 Drug and Alcohol Policy Reasonable Suspicion Evaluation Form Page: 2 Supervisor's Comments: Supervisors Name: Date: Supervisors Name: Signature: Date: Witness(es) Name: Date: Signature: Date: F: \users \cat \sha red \d a \Po I icyPerso n nel \E mp loyeeMa n ua I\ Appendix \BdrugAlco ho I Poli cy03l2Ol . do c APPENDIX B OF EMPLOYEE MANUAL 10 EXHIBIT B DRUG AND ALCOHOL POLICY CONSENT TO SUBMIT TO DRUG AND /OR ALCOHOL TESTING BY THE CITY OF NEWPORT BEACH ( "CITY") 1, [PRINT NAME], understand and acknowledge that I have reviewed a copy of the City's Drug and Alcohol Policy. I hereby consent and agree to drug and /or alcohol testing. I understand and acknowledge that information regarding the test results will be released to the City and that such information may be used as grounds for disciplinary action, up to and including discharge from my employment with the City. I further understand and acknowledge that: 1. The City will pay the cost of all drug and /or alcohol tests required or requested by the City; 2. 1 may request in writing a copy of the results of any such test; 3. 1 may request that a split sample test be sent to a certified Testing Laboratory of my choice, consistent with the procedures outlined in the City's Drug and Alcohol Policy, and that I will bear all of the costs associated with the split sample testing; 4. By signing this consent form, I hereby authorize the test results to be released to the City; and 5. 1 have the right to refuse to submit to such testing; however, refusal by me to submit to or cooperate at any stage of the testing shall be considered equivalent to a confirmed "positive" test for purposes of disciplinary action, up to and including discharge from my employment with the City. 6. 1 may also be required to execute a consent form at the Collection Site of Testing Laboratory. With full understanding and knowledge of the foregoing, I hereby agree to submit to drug and /or alcohol testing conducted by the clinics and /or Testing Laboratory selected by the City. APPENDIX B OF EMPLOYEE MANUAL 11 I have read the above consent to submit to drug and /or alcohol testing and certify that I have signed this document of my own free will and accord, fully understand and acknowledge the contents of this document, and stipulate that my consent is knowing and voluntary. SIGNA Date: City and State: F: \users \cat \sha red \da \Pol icyPerson n el \E mployee Ma nua I\ Appendix \BdrugAlcohol Pol icy03l20l .doe APPENDIX B OF EMPLOYEE MANUAL 12 EXHIBIT C DRUG AND ALCOHOL POLICY REASONABLE SUSPICION TESTING PROCEDURES A. TESTING PROCEDURES 1. Reasonable suspicion testing will be conducted when a Supervisor has a reasonable suspicion that an Employee is under the influence of drugs and /or alcohol. Reasonable suspicion must be based on specific, contemporaneous, articulate observations concerning the physical symptoms or behaviors of being under the influence of drugs and /or alcohol. A Supervisor must establish reasonable suspicion of drug and /or alcohol use during, just preceding or just after the Workday. if cord tio7s t. the supervisor will request the assistance r,t another su ervi, )r iserve the actions or behavior of the employee. The City will make a reasonable effort to contact the Employee's League or Association's representative to be present on behalf of the Employee, if requested. Examples of performance indicators of probable drug and /or alcohol abuse sufficient to lead a Supervisor to suspect that an Employee is under the influence of drugs and /or alcohol, include, but are not limited to, those on the attached Reasonable Suspicion Evaluation Form, (Exhibit A). 2. The Reasonable Suspicion Evaluation Form and other documentation establishing reasonable suspicion shall be prepared and signed by the witness(es) and the Supervisor prior to testing. The Department Director or Human Resources Department should be notified as soon as possible. 3. Testing shall be comprised of urine and /or blood samples only. .r. Iniciied drugs are as iollotvs: 4. Employee shall be tested within two (2) hours following the determination made by a Supervisor or otherwise the Employer shall document the reasons the test was not promptly administered. If a test is not APPENDIX B OF EMPLOYEE MANUAL 13 e ^n nitial Level Confirmation La>vei r..F,..woior :tai 'i ^ec 000 niml 400 nim: 300 n /ml 200 niml 300 niml 200 ni'ml iJ�ll i ' 300 niml i 50 ni!ml 50 niml 15 NMI r "00 nrml 200 n/m Iniml 200 n, n:; 000 niml 2000 n. rni 25 nlml 25 mml 300 n /ml 200 n1mi 02 percent .02 percent 4. Employee shall be tested within two (2) hours following the determination made by a Supervisor or otherwise the Employer shall document the reasons the test was not promptly administered. If a test is not APPENDIX B OF EMPLOYEE MANUAL 13 administered within eight (8) hours following the determination, the Employer shall cease attempts to administer a test and shall state in the record the reasons for not administering the test. 5. The potentially affected Employee will not be allowed to proceed alone to or from the Collection Site. In addition, to the safety concerns for the Employee, the Supervisor accompanying the Employee also assures that there is no opportunity en route to the Collection Site for the Employee to do or ingest anything that could affect the test result or to acquire "clean" urine from another person. B. RETURN TO DUTY TESTING Before an Employee returns to duty after engaging in prohibited drug and /or alcohol use, the Employee shall undergo an evaluation of fitness for duty by the SAP and under the direction of the MRO submit to a return to duty test and receive a verified negative result for drug and /or alcohol use. C. FOLLOW -UP TESTING 1. Following a determination by a SAP that an Employee is in need of assistance in resolving problems associated with drug and /or alcohol use the Employee shall be subject to unannounced follow -up testing as directed by the SAP of at least six (6) tests in the first twelve (12) months following the Employee's return to duty, and thereafter as determined necessary by the SAP. The SAP can terminate the requirement for the follow -up testing in excess of the minimum at any time, if the SAP determines that the testing is no longer necessary and is supported by the City. 2. Follow -up alcohol testing may also include testing for controlled substance use as directed and determined by the SAP. 3. The time period for "follow -up" testing for drug and /or alcohol use will be determined by the SAP subject to a reasonable minimum of twelve (12) months, and never to exceed sixty ; ' thirty six (36 i months. 4. Follow -up testing may be on a daily, weekly, monthly or longer basis at the discretion of the SAP. D. REFUSAL TO SUBMIT TO TESTING The following are definitions of refusal: 1. Not providing the City a written consent to take the test; 2. The Employee does not supply enough quantity of either urine or blood (for alcohol or drug testing) without sufficient or valid medical explanation; APPENDIX B OF EMPLOYEE MANUAL 14 3. Tampering with a specimen or collection process; 4. Tardiness to reporting Collection Site after time allocated for Employee to report without valid explanation; 5. Leaving the accident scene without justifiable cause before tests are conducted (testing for drugs and /or alcohol after an accident is presumed); 6. Any refusal to test will be considered a violation subject to discipline up to and including termination. F: \users \cat \sha red \da \Po IicyPe rso n ne I\Em ployeeMa n ua I\Appe ndix \Bd rugAlcoho I Po Ii cy031201.do c APPENDIX B OF EMPLOYEE MANUAL 15 APPENDIX C Section 1. Introduction The City of Newport Beach ( "City ") provides communication and information systems, equipment, software, programming and access for City computers, voice mail, e-mail and Internet access ( "Communications Equipment ") to make Employees more productive and improve the organization's ability to provide first -class municipal services for the least possible cost to the taxpayer. Employees and other users are provided Communications Equipment only as authorized by the City Manager, Department Directors, and /or MIS Manager. The purpose of this policy is to regulate each Employee's use of these communications systems to maximize their use for City purposes and minimize or eliminate liability. Section 2. Restrictions The following restrictions apply to each Employee while using any City Communications Equipment: A. The City's unlawful harassment, non - discrimination and conflict of interest policies extend to Employee use of Communications Equipment. Employees shall not use communications equipment to transmit or receive offensive material. Offensive material includes, but is not limited to, statements or images that could reasonably offend a person on the basis of his /her age, disability, gender, race, religion, national origin, physical attributes, sexual orientation or any other classification protected by federal, state, or local law. For example, Employees are prohibited from using sexually suggestive screen savers, downloading or disseminating sexually explicit material, or transmitting images, messages or cartoons that constitute ethnic, racial or religious slurs. B. The use of any City Communications Equipment by any Employee for personal financial gain is prohibited. C. The Internet and World Wide Web and any other Communications Equipment may not be used in a manner that infringes upon the patents, copyrights or licenses of others. D. No Communications Equipment may be used in a manner that infringes upon the rights of others to proprietary, confidential or trade secret information. E. Communications Equipment may not be used in any way that creates an actual, potential or apparent conflict of interest. APPENDIX C OF EMPLOYEE MANUAL 1 F. Communications Equipment may not be used to transmit foul language, profanity or obscenities. G. Communications Equipment shall not be used to solicit or proselytize others for commercial ventures or transactions, religious or political causes, or participation in any endeavor unrelated to the Employee's normal duties. H. No Employee shall deliberately degrade, or attempt to degrade, the performance of any Communications Equipment including computers, microcomputers, networks, telephone systems or video equipment, or intentionally deprive authorized personnel of resources in or access to any City communication system. Section 3. Inte„«,nerPal:-.%, General Policy Employees should also be aware that it is possible to recreate an E -Mail message or locate a Web site even though the message is erased or the visit to a Web site is closed. Employees should be aware that the City fnaymi ht be required to disclose information or messages sent over and /or stored in the computer system pursuant to requests filed under the Public Records Act or as a result of subpoenas issued in the context of litigation or administrative proceedings. All communications, including text and images, may be disclosed to law enforcement or other third parties without prior consent of, or notice to, the sender or the receiver. Consequently, unless a communication is legally privileged, employees should not consider voicemail, e-mail or Internet communications to be personal, private or confidential. A. Internet Policy Employees accessing the Internet and /or the City's own Intranet are representing the City when doing so. Accordingly, except as otherwise provided in this Policy, all internetInternet communications and contacts should be for professional, business reasons and should not be for personal use. Each Employee is responsible for ensuring that they use their Internet access privilege in a responsible, ethical and lawful manner. Chat rooms may be used to conduct official City business, or to gain technical or analytical advice. €leGt -eniG mail may be used for non eenfidentiw! � c; Geatasts. Each Employee is responsible for the content of all text, audio, or images that they place or send over the Internet. All messages communicated on the Internet should have the Eemployee's name. Attached messages may not be transmitted using someone else's name or under an assumed name. Employees who wish to express personal opinions on the Internet are encouraged to obtain their own usernames on other Internet systems. APPENDIX C OF EMPLOYEE MANUAL 2 To prevent computer viruses from being transmitted through the Communications Equipment, Employees are not authorized to download any software onto their computer or any drive in that computer. Employees interested in obtaining software are required to contact the City's MIS Director Manager. B. E- maillVoice Mail E -mail and voice mail should always be used with the assumption that a message can be read or heard by someone other than its intended recipient. When transmitting messages, employees and other users should consider that the message might be disclosed to others. Because of these concerns, employees and other users are required to maintain the highest standards of courtesy and professionalism when sending e-mail or leaving voice mail messages. The sending of mass e- mailings on a "City -wide' basis to all employees without the prior written authorization of a Department Director or the MIS Manager is prohibited. Transmitting a message under another Employee's name or password is prohibited. Any Employee who obtains password or user identification must keep that password confidential. Employees shall not share user identification or passwords. E -mail prepared, used, or retained as correspondence and other documentation containing information relating to conduct of City business must be retained in accordance with State Law and Council Policy for retention of public records. E -mail used solely as a communication device in place of a telephone conversation or for other transitory purposes may be deleted. Any E -mail messages that are retained in the system are subject to the same disclosure requirements as other public records. E -mail records will be produced in response to request from the public in the same manner as for other public records. Confidential Attorney /Client communications with City's legal counsel shall not be forwarded or copied to others except as authorized by the City Attorney. Section 4. No Expectation of Privacy Employees shall have no right or expectation of privacy in e-mail messages created, sent, received, deleted or stored using City computer resources. The City does not randomly or routinely monitor or intercept electronic City communications (voicemail, e-mail and Internet access) but retains the right to do so at any time and without notice to Employees. The City also retains the right, without notice to Employees, to conduct searches of the City's Communications Equipment and related systems to ensure that they are being used in conformance with this Policy. The City currently monitors, views and /or intercepts information or messages in or accessed APPENDIX C OF EMPLOYEE MANUAL 3 through the communications system in the following circumstances and for the following purposes: A. Any activity necessary to the provision of service including, without limitation, the maintenance or repair of any City Communications Equipment or software, the retrieval of lost messages, or for the protection of the rights and property of City; B. Assistance to persons or entities authorized by law to intercept electronic City communications or to conduct electronic surveillance provided the City is provided with or obtains a court order or other lawful authorization; C. The intercepting person is a party to the communication or one of the parties to the communication has given prior consent to such interception; D. The electronic communication intercepted is made through a communication systerz�w#aishsystem, which is configured so that the electronic communication is readily accessible to the public; E. The logging of statistical information concerning the use of or activity upon any communication system including Internet use statistics and access information for individual users that is compiled and forwarded for management review; and F. Monitoring of communications with the public to assure the quality of public service. Section 5. Duplication of Software and Use of Copyrighted Materials Software, computer programs and related documentation licensed to the City may be protected by copyright, patent, trade secret or other forms of legal protection. Employees shall not duplicate software programs and any Employee who unlawfully duplicates software may be subject to criminal prosecution or civil damages. No Employee shall use, copy or alter these software or computer programs except as permitted by law and only to the extent permitted by the contract or license agreement between the City and the owner. Employees learning of any misuse of software must immediately notify their Supervisor or Department Director. In addition, the electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization. Section 6. Backup Copies Employees may not keep any backup copies of work done for the City when they separate from the City. Employees must obtain written permission from their Supervisor to download and retain samples of their work. Downloading may occur only in the presence of the Employee's Supervisor. Employees are prohibited from keeping a copy of proprietary information, data or programs upon separation. APPENDIX C OF EMPLOYEE MANUAL 4 Section 7. Installation of Programs The integrity of the City's Communications Equipment and system is vital to our continued operations. Employees may not install any program onto a City computer without the express consent of your Supervisor or Department Manager. Employees may not download any program, without the express consent of their Supervisor or manager. When in doubt, Employees must seek permission prior to taking any action that could jeopardize the integrity of the City's computer system. Section 8. Personal Use City Communication Equipment may be operated or accessed for incidental personal use on an Employee's break or meal period and with Supervisor approval provided that the use does not: A. Directly or indirectly interfere with the operation of the City's Communication Equipment; B. Involve any cost or expense to the City; C. Interfere with the Employee's performance of his /her duties or other obligations to the City; D. Involve creation or operation of a commercial or business activity or web set unrelated to City business; and E. Violate this Policy, or any other applicable law, rule or regulation. Employees are reminded that personal use of Communication Equipment does not mean the Employee has any personal right of privacy in that use or related information. Section 9 Violations An Employee who violates this Policy is subject to discipline. Information and messages sent over and /or stored in the Communication Equipment in violation of this Policy will be disclosed in the context of disciplinary proceedings. F: \users \cat\s ha red \cp \PolicyPemonn el \EmployeeMan ua\ Appendix \Ccomm &Equ!pPolicy09l 301.doc APPENDIX C OF EMPLOYEE MANUAL 5 AUTHORIZATION REGARDING ACCESS TO E -MAIL AND VOICE MAIL I, [PRINT NAME] have read and understand and acknowledge the City's Policy regarding communications equipment and systems. I understand and agree that the City may access my voice mail and e-mail messages, and other electronically stored information under my control, for reasons related to City business. I understand that searches of the City's information systems may be conducted without advance notice in order to ensure that they are being used exclusively to facilitate transmittal of information related to the City's operations, and that I should also have no expectation that any information stored on my computer will be private. I further understand, acknowledge and agree that I will operate and use the City's Communications Equipment only according to the City's Policy. I understand and acknowledge that failure to do so will result in discipline, up to and including termination. Dated: Employee Signature F: \users \cat\ shared \da \PolicyPersonnel \E mployee Ma nua\Appendix \Ccomm &Eq uipPolicy031201.doc APPENDIX C OF EMPLOYEE MANUAL 6 APPENDIX D CITY OF NEWPORT BEACH FAMILY AND MEDICAL LEAVE POLICY Section 1. Introduction The City of Newport Beach ( "City ") will grant family and medical leave ( "Family Leave ") and pregnancy disability leave in accordance with, and in amounts that equal or exceed, the requirements of State law, California Family Rights Act ( "CFRA ") and Federal law, Federal Family and Medical Leave Act ( "FMLA "). The provisions of CFRA and FMLA are not entirely consistent and Employees will be eligible for the most liberal benefits available under either law. Employees are encouraged to contact their Supervisor or the Human Resources Director if they have any questions about eligibility for, or the conditions to, requesting Family Leave. The purpose of this Policy is to help Employees understand their rights to Family Leave and to ensure that both the CFRA and the FMLA are properly administered. Section 2. Definitions The City shall use the definitions in the CFRA and FMLA in administering the family leave provisions in State and Federal law. For purposes of convenience and administration, the following are some important words and phrases defined in the CFRA and /or FMLA: A. "Child" shall mean a biological, adopted, foster, stepchild, legal ward, or a child of a person in place of a parent and under the age 18, or a child over the age 18 who is incapable of self -care because of a mental or physical disability. B. "Eligible Employee" for Family Leave shall mean any Employee, full time or part time, who has been continuously employed by the City for at least twelve (12) months and has worked at least 1,250 hours during the previous twelve (12) month period. C. "Family" shall mean an Employee's child, spouse or parent. D. "Parent" shall mean a biological, foster or adoptive parent, or step - parent, or someone who stood in place of a parent to any Employee when the Employee was a child. E. "Serious Health Condition" shall mean one which involves inpatient care, or continuing treatment or continuing supervision by a health care provider, and where a health care provider certifies that the Employee is needed to care for a APPENDIX D OF EMPLOYEE MANUAL 1 family member, or in the case of medical leave that the Employee is unable to perform the functions of his /her position. F. "Spouse" shall mean in accordance with applicable State law, including common law marriages. Section 3. Leave Available Under State and Federal laws, eligible employees may receive up to a total of twelve (12) workweeks of unpaid Family Leave and four (4) months pregnancy disability leave during a twelve (12) month period. However, City Policy provides for four (4) months of unpaid leave for CFRA, FMLA and pregnancy disability leave. A twelve (12) month period begins on the date of an Employee's first use of leave under this Policy. Successive twelve (12) month periods commence on the date of an Employee's first use of such Family Leave after the preceding twelve (12) month period has ended. Section 4. Permitted Use of Leave Leave may be used for one or more of the following reasons A. The birth of a child of the Employee, the placement of a child with the Employee in connection with an adoption or foster care of the child by the Employee, or the serious health condition of a child of the Employee. B. To care for a parent or spouse with a serious health condition. C. For the Employee's own serious health condition that makes the Employee unable to perform the functions of his /her Position. D. When the Employee is disabled on account of pregnancy, childbirth or related medical conditions. Under some circumstances, Department Directors may approve family and medical leave intermittently - which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule. Section 5. Terms and Conditions to Use of Leave The following conditions or restrictions apply to Employees requesting Family Leave or pregnancy disability leave: A. Notice And Certification Employees seeking to use Family Leave may be required to provide: APPENDIX D OF EMPLOYEE MANUAL 2 1. Thirty (30) day advance written notice when the need for the leave is foreseeable; 2. Medical certification from a health -care provider (both prior to the leave and prior to reinstatement); 3. Periodic recertification; and 4. Periodic reports during the leave. The Employee must try to schedule treatment so as not to unduly disrupt the City's operation when family or pregnancy disability leave is requested and is for planned medical treatment. B. Compensation During Leave Family and pregnancy disability leave is unpaid. The City may require an Employee to use, or the Employee may elect to use, accrued paid leave (such as vacation leave) to cover some or all of the leave. The use of paid time -off will not extend the length of the leave to which you are otherwise entitled. C. Benefits During Leave The City will continue to pay its share of the Employees group health insurance premiums for an Employee on family or pregnancy disability leave for up to a maximum of twelve (12) workweeks if insurance was provided before the leave was taken. The premiums will be paid on the same terms as if the Employee had continued to work. In some instances, the City may recover premiums it paid to maintain health coverage for an Employee who fails to return to work following leave granted under this Policy. Employees who do not receive continued paid coverage, or whose paid coverage ceases after twelve (12) workweeks, may continue their group health insurance coverage through the City in conjunction with federal COBRA guidelines by making monthly payments to the City for the amount of the relevant premium. Employees should contact their Supervisor or Human Resources Director for further information. Section 6. Reinstatement Under most circumstances, upon return from family or pregnancy disability leave, an Employee will be reinstated to his /her previous Position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an Employee returning from a family or pregnancy disability leave has no greater right to reinstatement than if the Employee had been employed continuously. rather than on leave. For example, if an Employee on family and medical leave would have been laid APPENDIX D OF EMPLOYEE MANUAL 3 off had he /she not gone on family leave, or if an Employee's Position is eliminated during the leave, then the Employee would not be entitled to reinstatement. An Employee's use of family and medical leave will not result in the loss of any employment benefit that the Employee earned or was entitled to before using family and medical leave. Section 7. Unlawful Acts The City is prohibited from interfering with, restraining, or denying the exercise of any right provided by State or Federal law. It is also unlawful for the City to refuse to hire or to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceedings related to family and medical leave. F: \users \cat\sha red \da \Po IicyPerso nne I\Em ployeeMa nual\Appe ndix \Dfa m ily&medical Po Iicy031201. doe APPENDIX D OF EMPLOYEE MANUAL 4 APPENDIX E CITY OF NEWPORT BEACH ORGANIZATIONAL VALUES AND BEHAVIORS ORGANIZATIONAL VALUES As Employees of the City of Newport Beach, we choose to embrace and practice the following values: In practicing integrity, we strive to be honest, reliable, respectful, ethical, fair and authentic. We will serve in a manner consistent with community values and follow through on our commitments. In practicing empathy, we will be sensitive to the needs of others by being compassionate, thoughtful, open- minded, willing to understand, and by being good listeners. In practicing service, we understand our roles as representatives of the City. We will endeavor to practice humility, to make things better for others, and to treat others as we want to be treated. In practicing excellence, we will strive to do our best by demonstrating competence and a commitment to quality. We will be innovative, thorough, efficient and effective in our work. In creating a positive work environment, we will express our appreciation for, and recognize, others. We will follow a work ethic, take pride of ownership in our work, be courteous, encourage creative thinking, seek and be open to challenges, create esprit de corps, maintain a safe work environment, and act with enthusiasm. In creating unity of purpose, we will practice cooperation and teamwork. We will practice open communication by keeping others informed, considering the needs of others, and at times deferring to the needs of others. In practicing responsibility, we will be accountable in our work, take initiative, make appropriate decisions, and act decisively. We will acknowledge our errors and correct them. In practicing loyalty, we will respect the individual and the position. We will support each other, abide by decisions, and strive to always present a positive image of the City. APPENDIX E OF EMPLOYEE MANUAL 1 ORGANIZATIONAL BEHAVIORS The following behaviors were identified as ways for the organization's employees to demonstrate and act on their values. The list is not meant to be all- inclusive, but rather descriptive of the types of behaviors that would demonstrate each value. Integrity—no surprises, speak up with concerns rather than internalize; say in the group what you say in private; always be honest; frank; give credit where it's due; be factual in advising public on processes and regulations; consistency of application of regulations; all customers deserve same treatment; tell people the whole story. Empathy — expressions of concern; active listening; walking in each others' shoes; slow to judgement; acknowledge others' feelings; show you care; respect one anothers professional abilities. Service —be courteous, professional; problem - solving attitude; ask customers if they need help and then help them; keep public informed about what you're doing; timeliness; quality service; acceptance of role to carry out Council policy; friendliness; be receptive to complaints and requests; help them navigate the system; put yourself in their shoes. Excellence — encourage innovation; support professional growth; seek to become an expert; encourage self - development; allow people to be innovative without negative consequences; encourage creativity in problem - solving; be up- to -date on technological advances. Create a positive work environment—clearly define expectations; frequent feedback on work performance; reward work performance; education and development opportunities; employee lounge. Unity of purpose — reinforce with each other why we're here; act in support of mission statement; identify opportunities to help each other, cross - training and education; informational exchange; aligning work processes and products. Loyalty —going the extra mile; project positive image through appearance and actions; not talk disparagingly about organization and leadership. Responsibility—show up regularly and ready to work; master the elements of our jobs; take ownership of work product; take pride in work; meet deadlines or tell supervisor; smooth transitions between departments; tell supervisor if you see a problem or have a problem; be solution- oriented; don't be reluctant to do something extra; offer constructive criticism. F: \users\ cat\ shared\ da \PolicyPersonnel \EmployeeManua\ Appendix\ Eorganizationa lValuesPolicy03l20I doe APPENDIX E OF EMPLOYEE MANUAL 2