HomeMy WebLinkAbout10 - Employee Policy ManualCITY OF NEWPORT BEACH
AGENDA ITEM NO. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Homer L. Bludau, City Manager
Linnea Livingston, Human Resources Director
DATE: December 11. 2001
SUBJECT: EMPLOYEE POLICY MANUAL
RECOMMENDED ACTION:
Adopt Resolution for Employee Policy Manual.
BACKGROUND:
The City is obligated, pursuant to the Memoranda of Understanding (MOU) with various
Employee Associations, to prepare an Employee Policy Manual. Since September of
1999 the City has been meeting and conferring with all Employee Associations as to the
content of the Manual. 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 patchwork of
personnel policies that have not been revised in a comprehensive manner since
February 22, 1988.
The Manual is a compilation of existing, revised and new personnel rules and practices.
The Manual includes existing policies related to paid leave, recruitment and selection
procedures, grievances, layoffs and performance evaluations. We are proposing
relatively minor revisions to disciplinary procedures and our current policy against
unlawful discrimination and harassment. The manual also contains new policies that
are mandated by Federal law such as a "drug and alcohol free workplace" policy and a
family medical leave policy as well as a workplace violence policy. The Manual
provisions are superseded by conflicting language in an MOU, the Civil Service Rules,
the Charter or the Civil Service Ordinance.
The City has now completed meet and confer obligations with all associations on the
Employee Policy Manual and is presenting the final version for adoption.
City Hall • 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92659 -1768
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADOPTING THE EMPLOYEE POLICY
MANUAL
WHEREAS, the City Council has committed, in various Memorandum of
Understanding with Recognized Employee Associations, to prepare and
adopt a comprehensive Employee Policy Manual (Manual);
WHEREAS, the City has prepared a comprehensive Employee Policy
Manual and related Appendices and Exhibits (Manual);
WHEREAS, the Manual incorporates existing, revised and new policies and
practices into a system of uniform and equitable personnel rules and
procedures, based on principles of fairness and merit, that will improve
the work environment, the quality of personnel administration and
enhance the City's ability to deliver efficient and effective public services;
WHEREAS, the City Manager and Human Resources Director has, during
the past thirty (30) months, met and conferred in good faith with all
Employee Associations as well as un- represented employees relative to all
provisions in the Manual that constitute new or revised policies/ practices
that relate to subjects within the scope of representation;
WHEREAS, during the meet and confer process the City has made
hundreds of changes to various drafts of the Manual in response to
requests and comments submitted by Recognized Employee Associations,
un- represented employees, and legal counsel experienced in labor and
personnel law;
WHEREAS, the Civil Service Board has also conducted extensive reviews
of various drafts of the Manual, has suggested numerous changes that
have been incorporated into the final version of the Manual and has
contributed greatly to improvements in the form and substance of the
Manual;
WHEREAS, the City Council appreciates the patience of employees, the
contributions of employees, and the cooperation of employees in the
lengthy process leading to preparation of the final version and adoption of
the Manual; and
WHEREAS, the City Council believes the Manual is an important step in
the process of continuously improving working conditions and will
consider and adopt amendments, after fulfilling any required "meet and
confer" obligations, whenever the City Council believes the amendments
will improve the working environment and help the City continue to
provide high quality municipal services at the least cost to taxpayers.
NOW THEREFORE BE IT RESOLVED:
SECTION 1. The City Council hereby approves and adopts the
Manual (including all appendices and exhibits);
SECTION 2. All prior resolutions and actions of the City
Council relative to any subject covered by the Manual are repealed.
However, this repeal shall not operate to affect or impair any vested right,
any contractual right or obligation including provisions of any MOU or
employment contract, or any personnel action that was initiated prior to
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the date of this Resolution and in reliance on then current personnel
rules, policies or practices.
ADOPTED, this 11th day of December 2001.
Mayor
ATTEST:
City Clerk
3
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CITY OF NEWPORT 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
PAGE 0
SECTION 1
GENERAL PROVISIONS
1
1.0
Authority ................................................ ..............................1
1.1
Title ........................................................ ..............................1
1.2
Scope ..................................................... ..............................1
1.3
Purpose ................................................. ..............................1
1.4
Application ............................................ ..............................2
1.5
Adoption and Amendment of Rules ... ............................... 3
1.6
Validity of Personnel Policies ( Severability ) ....................3
1.7
Department Procedures ....................... ..............................4
SECTION 2
DEFINITIONS
4
2.0
Definition of Words and Terms ........... ..............................4
2.1
Construction ........................................ .............................10
SECTION 3
STANDARDS AND PRACTICES
11
3.0
Basic Principles ................................... .............................11
3.1
Fair Employment Practices ................ .............................11
3.2
Discrimination and Harassment ......... .............................12
3.3
Political Activities ................................ .............................12
3.4
Conflicts of Interest .................... .............................13
3.5
Incompatible Activities ....................... .............................14
3.6
Drug and Alcohol Free Workplace ..... .............................15
3.7
Smoking Prohibited ............................. .............................15
3.8
Safety and Health ................................ .............................15
3.9
Communications Equipment and Systems Policy ........15
3.10
Personal Telephone Calls ................... .............................15
3.11
Search of Lockers, Desks, and Other Containers .........16
3.12
Outside Employment ........................... .............................16
3.13
Recording of Conversations .............. .............................17
3.14
Work Place Security and Anti - Violence Policy ..............18
3.15
Fitness for Duty ................................... .............................19
3.16
Qualifications ....................................... .............................19
3.17
Disaster Service Workers ................. ...............................
20
SECTION 4
ADMINISTRATION OF THE PERSONNEL SYSTEM
20
4.0
City Manager's Duties ......................... .............................20
4.1
Supervisor's Duties ................................... .............................20
4.2
Open Door Policy ....................................... .............................21
4.3
Employees Records and Files ................. .............................21
4.4
Classification Plan
23
4.5
New Positions ............................................ .............................23
4.6
Compensation Plan ............................. .............................23
SECTION 5
RECRUITMENT AND SELECTION
23
5.0
Goals .................................................. ...............................
23
5.1
Recruitment .......................................... .............................24
5.2
Job Announcements ........................... .............................24
5.3
Personnel Applications ..................... ...............................
24
5.4
Evaluation of Applications ............... ...............................
24
5.5
Selection Techniques ....................... ...............................
25
5.6
Review of Examination ..................... ...............................
25
5.7
Eligibility List ....................................... .............................26
SECTION 6
APPOINTMENTS
28
6.0
Appointment Process ............................. ...............................
28
6.1
Salary at Appointment ...................... ...............................
29
6.2
Pre- Employment Physical ................. ........... .....................
29
6.3
Nepotism Policy ................................ ...............................
29
6.4
Fingerprinting and Background Checks ........................
30
6.5
6.6
Criminal Conduct ................................. .............................30
Appointments from Lists .................. ...............................
30
6.7
Emergency Appointments ................ ...............................
30
6.8
Interim Appointments ........................ ...............................
30
6.9
Acting Appointments ........................ ...............................
31
6.10
Transfer ................................................ .............................31
6.11
Promotion .......................................... ...............................
31
6.12
Demotion .............................................. .............................32
6.13
Re- Employed and Reclassified Employees ...................
32
SECTION 7
PROBATIONARY PERIOD
32
7.0 Purpose ................................................ .............................32
7.1 Period of Probation ........................... ............................... 33
7.2 Extension of Probation .................... ............................... 33
7.3 Rejection of Probationer ................... ............................... 33
7.3 Effect of Absence ............................. ............................... 33
SECTION 8 TRAINING AND CONTINUING EDUCATION 34
8.0 Purpose ................................................ .............................34
8.1 Training ng ........................ ............................... 34
Department .
8.2 Departmm ent Training . .. 34
8.3 Training and Travel Reimbursement . .............................34
8.4 Tuition Reimbursement .................... ............................... 35
SECTION 9
PERFORMANCE EVALUATIONS AND SALARY
12.1
ADJUSTMENTS
37
9.0
Employee Performance Evaluation .... .............................37
54
9.1
Merit Steps Progression ................... ...............................
39
9.2
Reclassification /New Classifications .............................
40
9.3
Re- Employment of Former Employees ...........................41
SECTION 10
ATTENDANCE AND HOURS OF WORK
41
10.0
Overtime ............................................... .............................41
10.1
No Guarantee of Hours ....................... .............................42
10.2
Time Sheets ......................................... .............................42
58
10.3
Constructive Resignation ................... .............................42
10.4
Lunch and Break Policy ...................... .............................43
56
SECTION 11
LEAVES
43
11.0
Flex Leave ............................................ .............................43
11.1
Vacation Leave .................................. ............................... 45
11.2
Sick Leave ........................................... .............................47
11.3
Bereavement Leave ........................... ...............................
49
11.4
Holiday Leave ...................................... .............................49
11.5
Jury Duty and Witness Leave ............. .............................50
11.6
Family and Medical Leave ................ ...............................
50
11.7
Leave of Absence Without Pay ........ ...............................
51
11.8
Special Paid Leave .............................. .............................51
11.9
Military Leave ....................................... .............................51
11.10
Administrative Leave ........................ ............................... 52
11.11
Voting Leave ........................................ .............................52
11.12
Workers' Compensation Benefits and
IndustrialAccident Leave ......................... .............................52
SECTION 12
DISCIPLINARY ACTIONS
53
12.0
General Principles ............................... .............................53
12.1
Grounds of Disciplinary Action .......... .............................54
12.2
Definition of Certain Disciplinary Action ........................
54
12.3
Informal or Formal Counseling ........ ...............................
55
12.4
Written Reprimand ............................ ...............................
55
12.5
Performance Improvement Program (PIP) ......................55
12.6
Disciplinary Suspension ................... ...............................
55
12.7
Demotion .............................................. .............................56
12.8
Discharge ............................................. .............................56
12.9
Resignation - An Alternative to Disciplinary Action .....
58
12.10
Documentation of Disciplinary Action ............................56
12.11
Employee Representation ................ ...............................
56
15.0 Reductions in Force/ Layoffs .............. .............................63
15.1 Definitions ............................................ .............................64
15.2 Procedure ............................................. .............................65
15.3 Notice ................................................. ............................... 65
15.4 Re- Employment ................................... .............................65
15.5 Severance ............................................. .............................66
SECTION 16
SECTION 13
DISCIPLINARY PROCEDURES
57
16.1
13.0
Disciplinary Procedures ................... ...............................
57
A
13.1
Administrative Suspensions ............ ...............................
57
C
D
13.2
Skelly Procedure /Due Process ......... ...............................
58
13.3
Appeal of Department Director's Decision ....................
59
13.4
Appeal to Civil Service Board ............ .............................60
13.5
Final Decision ...................................... .............................60
13.6
Preparation and Attendance ............... .............................60
SECTION 14
GRIEVANCES
60
14.0
Matters Subject to Grievance Procedures .....................
60
14.1
Matters Not Subject to Grievance Procedures ..............
60
14.2
Freedom from Reprisal ..................... ...............................
61
14.3
Consolidation .................................... ...............................
61
14.4
Resolution ............................................ .............................61
14.5
Withdrawal ........................................... .............................62
14.6
Resubmission ...................................... .............................62
14J
Employee Representation ................ ...............................
62
14.8
Miscellaneous ...................................... .............................62
14.9
Grievance Procedure — Step 1 .......... ...............................
62
14.10
14.11
Grievance Procedure — Step 2 ............ .............................62
Grievance Procedure — Step 3 ................. .............................63
14.12
Time Limits ........................................ ...............................
63
SECTION 15
REDUCTIONS IN FORCE
63
15.0 Reductions in Force/ Layoffs .............. .............................63
15.1 Definitions ............................................ .............................64
15.2 Procedure ............................................. .............................65
15.3 Notice ................................................. ............................... 65
15.4 Re- Employment ................................... .............................65
15.5 Severance ............................................. .............................66
SECTION 16
ON -CALL TIME AND CALL BACK DUTY 66
16.0
On -Call Time ...................................... ............................... 66
16.1
Call Back Duty ................................... ............................... 66
APPENDIXES
A
UNLAWFUL DISCRIMINATION AND HARASSMENT POLICY
B
DRUG AND ALCOHOL POLICY
C
D
COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY
FAMILY AND MEDICAL LEAVE POLICY
E
ORGANIZATIONAL VALUES AND BEHAVIORS
SECTION 1. GENERAL PROVISIONS
1.0
1.1
1.2
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.
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.
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.
S. 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.
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C. Assuring impartial treatment of applicants and Employees in all aspects of 0
personnel administration such as making all personnel decisions 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 Employees but does not apply to:Gity- offices,
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).
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 related 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
0 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 section is not intended to affect or supercede
existing Department Policies not in 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
(Civil Service Ordinance) and the then current Civil Service Rules
adopted by the Civil Service Board and approved by the City Council.
4
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.
I. Classification Series shall mean a group of Classifications that extend
from an entry level to the highest level based on an increase in theg
number and/or complexity of duties, responsibilities, job requirements
and /or 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 Regular 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
unseling or any notation of
any discussion in a supervisor's log.
6
0 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 Employees
perseRs —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 RegulaFEmployees -and
PFebatienai:y 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
j
performance and are eligible for rehire.
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.
V. Human Resources Director shall mean the Human Resources Director
or similar position designated by the City Manager to perform the
functions required by this Manual as well as the designee of the Human
Resources Director.
W. Immediate Family shall mean an Employee's father, mother, brother,
sister, wife, husband or child, and the Employee's spouse's mother,
father, brother, sister or child.
X. 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.
Y. Leave shall mean the authorized absence of an Employee from his/her
place of work.
Z. Meet and Confer in Good Faith shall mean that a public agency, or such
representatives as it may designate, and representatives of recognized
employee organizations, shall have the mutual obligation personally to
meet and confer promptly upon request by either party and continue for a
reasonable period of time in order to exchange freely information,
7
opinions, and proposals, and to endeavor to reach agreement on matters
within the scope of representation prior to the adoption by the City of its
final budget for the ensuing fiscal year.
AA. 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.
BB. 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.
CC. 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.
DD. 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.
EE. Reclassification shall mean a change in Classification of an Employee
that is based on an evaluation of the duties and responsibilities he /she
actually performs in relation to those of the Classification he /she
occupies.
FF. Re- Employment shall mean the Appointment of a former or current
Employee, without examination, to the Position he /she occupied prior to
to separation, demotion, reassignment or transfer due to layoff or similar
action and typically from a Re- Employment List.
L
GG. Resignation shall mean an Employee's voluntary Separation.
HH. Safety Employee shall mean an employee described in the definition of
"local safety member" as defined in Section 20019 of the Government
Code of the State of California or any successor section.
II. 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.
JJ. Separation shall mean the termination of an Employee's employment with
the City for any reason.
KK. Step shall mean one of the Base Rate of Pay increments within the
Salary Range for any Classification.
LL. 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.
MM. 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.
NN. 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.
00. 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.
PP. Vacancy shall mean an authorized Position for which funds are available
that is not occupied by a Regular Employee or a Probationary Employee.
QQ. Work Period shall mean the standard Work Period for each non - exempt 0
9
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 in excess of seven (7) Days are applicable only to certain
Safety Polioe and Fire Department Employees as authorized by, and
consistent with, FLSA. 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 off an alternating Friday, or noon on Monday
if an alternating Mondays is taken off. This schedule allows for 8
nine hour Workdays and 1 eight hour Workday.
2. 4/10 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. 3/12 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.
RR. Workday shall mean the number of hours an Employee is scheduled to
work during any 24 -hour period.
SS. Written Reprimand shall mean a written notice of unsatisfactory
performance or misconduct given to an Employee as discipline.
TT. 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.
10
2.1 Construction 0
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.
E. This timeframes specified in this Manual are generally based on an eight
(8) hour Workday. Many Employees are scheduled to work more than
eight (8) hour workdays and certain Fire and Marine Department
personnel have twenty -four (24) hour Workdays. The timeframes
specified in this Manual shall, whenever appropriate in the context, be •
modified on a pro -rata basis so that any Employee with a Workday of
more than eight (8) hours is treated the same as an Employee with an
eight (8) hour Workday and vice versa.
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, or 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 standards each Employee is expected:
11
• 1. To be respectful, patient and fair with other Employees and
members of the public.
2. To perform his /her 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
The City's policy is 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, aad —fully comply with and are
protected by the provisions of this Manual and the City's discrimination and
harassment policy the full text of which is found in the 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. Alt
pitohibited , The City is obligated to, and will, promptly investigate
12
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 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. 0
13
E. No Employee shall engage in political activities while on duty during
his/her Workday or while using City equipment.
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
14
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.
3. An Employee who is unsure if offered a gift or gratuity with a value
in excess of twenty -five dollars ($25.00) could constitute a conflict
of interest 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. Employee solicitations related to a €vents and functions such
races, health fairs, charitable activities, and activities to protect or
preserve the environment do not benefit the individual Employee and
Employee seliGitations o 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 except as provided in Section 3.12. No
Employee shall engage in Recognized Employee Association activities during
that Employee's Workday except during break time, meal periods or as
expressly authorized by-or 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. The complete text of the Drug and Alcohol
wish 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
15
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. The Drug and Alcohol Policy does not prevent
certain Safety Employees of the Newport Beach Police Department from possessing
drugs or using alcohol when necessary or appropriate in the course and scope of
employment
3.7 Smoking Prohibited
Smoking or use of 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 unless -erg€- 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. The full text of
this policy is found in the 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. Lockers, desks and other containers provided to Employees for their
convenience are and remain City property. Employees are not
16
guaranteed a right to privacy in any areas or containers provided by the
City, including but not limited to lockers, desks, file cabinets or other
equipment.
B. The City may conduct an investigatory search of a work area, locker,
desk, storage area, file or equipment provided or assigned to an
Employee when:
1. The City has obtained a search warrant; or
2. The Employee has consented to the search; or
3. The City has determined, based on all of the circumstances, that
the Employee has no reasonable expectation of privacy in the
contents of the work area, desk, locker, storage area, file or
equipment to be searched or inspected;
4. The City has maintained full control, or joint control with the
Employee, of the item or area to be searched; or
5. The City has reasonable cause as required by then current
statutory or decisional law to conduct an investigatory search.
C. The provisions of this Section shall not be construed or applied in a
manner that conflicts with any statutory provisions (such as Government
Code Section 3300, et. seq.) relating to the search of lockers, files,
equipment, containers or areas that have been provided or assigned to an
Employee.
3.12 Outside Employment
Employees may obtain and /or maintain employment with persons or entities
other than the City or self - employment (outside employment) subject to approval
by the Department Director in conformance with the following:
A. Notification. Prior to initiating any self - employment or 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 contemplating self- employmented shall provide the
Department Director with information regarding the nature of the work
performed and work schedule.
B. Approval. The Department Director shall approve the request for
17
approval of outside employment or the self- employment unless the
Department Director can reasonably make one of the following findings:
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 Director's approval of outside
employment or self - employment may be revoked in the event of a change
in circumstances that would warrant disapproval of the initial request for
approval.
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 an Employees and any other person or persons
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 (including threats allegedly made in jest),
acts of violence, 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, a member of
the public or the property of either. All threats and acts of violence will be
investigated with the understanding that any such conduct may w48- result
18
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 that
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 person shall be
attributed to an Employee if that 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 - folding or locking with blade length equal to or greater
than 2 1/2 inches), club, or other object or item that a reasonable
person would consider a weapon 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 or
display any Weapon while on duty or bring a weapon into any City
building, facility, rolling stock or property 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.
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/
19
• 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.
3.15 Fitness for Duty
An Employee may be required to undergo a medical
and /or psychological assessment or evaluation when upon a determination by
the Department Director, and with the approval by the Human Resources
Director, that 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. This
assessment shall be considered, and limited to, a (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 information resulting from a fitness for duty -suci} 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 to be "dBisaster sService wWorkers" pursuant to
provisions of State law.
State ;, . Each Employee shall fully comply with his /her duties and
responsibilities pursuant to any emergency operations plan approved by the City
20
Council and/or City Manager as well as aad 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 Sity- 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
provide copies to all recognized employee organizations and
unrepresented employees.
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. To 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 Human
Resources Director.
21
9 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 duties jeb-or suggestions for
improving City service. The City encourages Employees to discuss with their
Supervisor any concern or question they have about their duties 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/or 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 and/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.
The Department file shall also contain copies of other documents related to
22
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 is
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 of an Employee and documents that reflect
educational achievements of the Employee 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. Any such document shall
be given to the Employee upon request or at such time as the
document would otherwise be removed from the file.
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
personnel files or payroll file. An Employee may obtain an additional
23
copy of any document in his/her personnel file. The Employee shall
pay the actual cost of duplication in the case of requests that require
the production of more than five (5) pages.
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 in the Classification Specifications 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 einsure
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.
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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. With respect to non -Civil Service Employees, rRecruitment shall be
Promotional unless the Human Resources Director, after consultation with the
relevant Department Director(s), determines that an open Recruitment is
necessary to ensure 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 Classification 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 disqualification of the
applicant and may be cause for termination or other disciplinary action if the
applicant is, or subsequently becomes, an Employee 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 shall not -to-be considered
unless it is Est- 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 individuals most highly
qualified for the Position. The Department Director may, at any time during the
26
recruitment process, verify references and other information provided by the
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 seven fivve -(75) Days after written notice of the results.
Any Applicant will be considered eligible to continue with the selection process if
his /her whese- corrected score meets or exceeds the established passing score.
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
of the examination process, the Human Resources Director shall prepare
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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 up to an
additional twelve (12) months by the Civil Service Commission for Civil
Service positions or the Human Resources Director for non -Civil Service
positions. 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 Human Resources
Director may remove the name of any eligible candidate appearing on an
Eligibility List by 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
candidate's last known address on file with the City.
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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 Eeligibility Llist as a result of a
promotional examination and, after preparation of the Eligibility
List, Separated from the 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 City Manager has determined that the Applicant has been
convicted of a felony, that there is a rational relationship between
the conviction and the normal duties of the position and there are
no mitigating circumstances that would warrant a waiver of the
provisions of Section 6.5.
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
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Position. 0
F. Civil Service Employees. The provisions of this Section shall not apply
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 in
the case of 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 /or 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 deemed 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. 0
W
0 6.2 Pre - Employment Physical
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 Aappointed 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 Aappointed, 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 effeGtive 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
30
Immediate Family with the least seniority shall be terminated in good standing.
6.4 Fingerprinting and Background Checks
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 described
duties normal 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, in his or her sole
discretion, waive the provisions of this Section based on substaRtial evideRGe 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
31
• additional six (6) months by the City Manager. All Interim Appointees must
satisfy the minimum qualifications for the Position.
6.9 Acting Appointments
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 Department
Director shall consider the time spent by an Employee and the performance of
that Employee in a Classification pursuant to an Acting Appointment when and if
the Employee applies for a Promotion to any Classification in that Classification
Series. The Employee shall return to his /her former Position and Step if the
Employee is not Promoted once the Acting Appointment is completed,.
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 anew Probationary Period upon Transfer but is required to complete
his /her Probationary Period if Transferred before completion of his /her
Probationary Period. This section does not affect the right of a Safety Employee
of the Police Department to an administrative hearing pursuant to the provisions
of the Peace Officers Bill of Rights Act.
6.11 Promotion
When an Employee is Promoted, the Employee shall be paid at the step in the
32
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
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 which the employee has
previously 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.
6.14 Re- Employment of Former Employees
On written recommendation of the Department Director and approval by the City
Manager, a former Employee may be Re- employed in the Classification or
Position he/she occupied at the time of his /her Separation and at the same Step
subject to the following conditions:
33
A. There must be a vacant Position in the Classification and no Re-
Employment Lists for the Classification.
B. Separation was not based on misconduct or unsatisfactory performance
and Separation from City employment was under favorable conditions.
C. Re- Employment occurs within one (1) year after termination of City
employment for Non -Civil Service Employees and two (2) years for Civil
Service Employees.
D. The Employee shall complete the remainder of any Probationary Period.
E. The Employee shall be required to take a medical examination at his /her
own expense and as prescribed by the City Manager.
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 Civil Service Employees, the Probation Period after a
Promotion shall be six (6) months. The Probationary Period for a Civil Service
Employee after a Promotion is twelve (12) 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 Employee who has
separated from the City and is Re- employed as provided in Section 6.14 shall be
required to serve a total Probationary Period of twelve 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) Ddays after the
expiration of the initial Probationary Period unless the Department Director has
34
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
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. The Department Director
may reject an Employee Promoted to a Position in a higher Class by 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 Employee's skill
and ability so that he /she will be able to better perform his/her duties, effectively
compete for Promotion, and enhance the performance of the organization.
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.
8.2 Department Training •
35
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 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 pursuant to FLSA. Time spent in training and
travel may be considered as "hours worked" for purposes of calculating
FLSA overtime. The provisions of the City Council 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 time.
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
36
commute. Assigned travel away from home overnight for the
purpose of training 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 Qty's then current City Council
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 and Probationary 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. Ineligible 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 initially hired or Appointed.
Courses that involve no classroom participation are not eligible for tuition
reimbursement except that any course offered through correspondence or
en-the Internet is 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, or such other
amount as may be approved by the City Manager or City Council in an
MOU or otherwise... Reimbursement for a Regular Safety Employee shall
be as specified is in the relevant MOU.
Reimbursement is subject to completion of the course within any fiscal
year when funds for reimbursement are available in the Human
Resources Department budget. 0
37
E. Grade. Reimbursement will be made only for those courses completed
with a final grade of "C" or better (or the its- equivalent) in an
undergraduate course, or "B" or better (or the As-equivalent) in a graduate
level course. No reimbursement shall be made for audited courses or
incomplete courses.
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 or at an institution
approved by the Department Director.
10 nstotutfgns On 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.
The amount prepaid will be deducted from the Employee's next paycheck
if the Employee fails to submit the information required or fails to obtain
the requisite grade
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.
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,
38
with the consent of the City Manager, waive any of the requirements of
this Section.
SECTION 9. PERFORMANCE EVALUATIONS AND
SALARY ADJUSTMENTS
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 with the
Employee being evaluated (i) the positive and negative aspects of the
Employee's performance;; (ii) the positive aspects of the Employee's
performance; (iii); appropriate - W4denti"oals such as development of
additional skills; and (iv) aspects of the Employee's
performance 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 better 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 Supervisors 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 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
39
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 /her performance evaluation form and offer comments on
the ratings or the overall evaluation prior to Supervisor execution and
approval. The Department Director shall give the Employee a copy of the
final personnel evaluation no later than five (5) working days after
approval 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 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 or diminish 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 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
40
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 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 approval of the Human
Resources Director and may be based on merit and on the need to remain
competitive in the marketplace for recruiting purposes. All merit
advancements shall be effective on the first day of the first pay period
following the eligibility date. Provisional Employees shall not received more
than one merit increase per year.
1. Seasonal Employees. Step increases may be granted to
Provisional Employees that work on a seasonal basis and 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.
41
0 9.2 Reclassification /New Classifications
0
A. The City Manager shall Reclassify Positions upon a determination that
there has been a material change in the normal 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 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, the Employee 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 Employee who does not meet the minimum qualifications
for the Reclassified position shall be laid off.
42
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
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
.K
0
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 during the Workday in which the break is to be
taken. 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 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 during a Workday to receive an
unpaid thirty (30) minute meal period during that Workday. 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. City acknowledges that, in the event
44
of a conflict, the MOU shall prevail over provisions of this Section. 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
4--0 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
4-0 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
4--0 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
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 by the Employee until the Employee has servediAg six (6)
months of his/her 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
45
0
1]
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
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
46
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. An Employee
requesting Flex Leave to cover unanticipated absences shall notify
his /her Department by phone as soon as possible after the need for the
absence becomes apparent and at least one -half ('/) hour prior to the
Employee's normal time to report for work.
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 of Accrual
Years of Service
AGGFUal Per Month
Days accrued
Per Pay Period
Per Year
0 but less than 5
8:003.38
11
5 but less than 9
9433.99
13
9 but less than 12
40.4.61
15
12 but less than 16
42:005.22
17
16 but less than 20
13.335.84
19
20 but less than 25
44.6.46
21
25 and over
160 7.07
23
For Employees working other than eighty (80) hours per pay period,
Vacation Leave shall be earned on a pro -rata basis with forty (40) hours
as the denominator and the Employee's normal Work Period as the
numerator.
47
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 after the Employee has reached the accrual
cap.
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 (114) 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 (114) 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.
3. Exposure to a contagious disease when quarantine is imposed by
health authorities or when a Physician determines that the
presence of the Employee on duty would endanger the health of
the Employee or others.
4. A physical condition that, 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.
S. The illness of a member of the Employee's Immediate Family.
B. Eligibility. Regular Full Time Employees hired on or before January 1,
cr•�
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:
Years of Service Hours of Accrual Days Accrued
Sewise-Time Nlenthly� Per year
Per Pay Period
0 — 1 year 4heurs1.85 6
1 — 2 years 5 het rR2,31 7.5
2 — 3 years 6- 14eurs2.77 9
3 — 4 years 74x rs3.23 10.5
4 and over 94heafs3.69 12
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. 0
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 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 Workdays, 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
49
• soon as possible after the need for Sick Leave becomes apparent but no
later than one -half ('/2) hour before the Employee's normal time to report
for work. Department Directors may establish specific rules and
procedures for requesting Sick Leave that are consistent with this Manual.
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 %: 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.
I. 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 to do so from the
Regular Full Time Employee accompanied by a written statement signed
by his /her attending physician describing the nature and dates of illness.
50
11.3 Bereavement Leave 0
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 LeaveNacation Leave or an equivalent amount of pay at the discretion of
the Department Director.
Independence Day
July 4
Labor Day
1st Monday in September
Veterans' Day
November 11
Thanksgiving Day
4th Thursday in November
Day After Thanksgiving
Friday following Thanksgiving
Christmas Eve
Last Half of Working Day •
Christmas Day
December 25
New Year's Eve
Last Half of Working Day
New Year's Day
January 1
President's Day
Memorial Day
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
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. The City Council or City Manager may
establish additional holidays for certain Employees if necessary to ensure parity
between those Employees and Employees covered by an MOU.
11.5 Jury Duty and Witness Leave
A. Jury Duty. Regular Full Time Employees, Probationary Employees and
Regular Part Time Ne- Employees complying with this subseGtion shall not
be disciplined or subject to any discrimination or loss of pay OF benefits fe
when required by law to attend a legal
51
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 for a period of up to sixty (60)
days so as -long as his /her presence is legally required. but not te exceed
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 as a juror
and- during the time the Employee receives his /her Base Rate of Pay and
benefits pursuant to this Sectionwfth the Sity. An Employee who is
released by the court from jury duty on any regularly scheduled Workday
shall contact his/her Supervisor to find out whenthef 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 the full text of which is found 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
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.
52
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 Administrative 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 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
,I N
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 or Probationary
Employee is absent from work as a result of any injury or illness that
comes under the State of California Workers Compensation Law, the
absence shall be considered to be Industrial Accident Leave (IAL).
C. Any full -time Regular Full Time Eemployee and any Probationary
Employee on Industrial Accident Leave shall receive temporary total
disability (TTD) compensation mandated by the Workers Compensation
Laws of the State of California.
an additional sum that when added to the TTn nGamnensatinn equals 1h
.. •. pv.icvu � gavry „�v
Is nlev t f the h in uFy or illne h even
€r�, wee' s��- ef- tMe�me� ,�„e�o�Telated�„�ol�„r,�ss. k�#„e- .,,<
th—Regular Full Time Employee's OF the Probationary Employee's
tempo ry total disability exceeds the- si*- (8)- ment4s-- pefied fG I1.�dustrial
111 G.l C]I total v I�IIP..,v., 1Q1
Ac dent Le34o, that Employee will continue to receive TTD
compensation in aGGeFdanGe with the WeFI%Fs Gempensation Laws
mandated by the State of Galifemie-.
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.
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 Employee or and-- Regular Part-Time
Employee is absent from work as a result of any injury or illness which
54
comes under the State of California Workers Compensation Law, the
Such absence shall be considered as temporary total disability (TTD) and
tate 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.
12.0 General Principles
DISCIPLINARY ACTIONS
The City's goal is to administer discipline in an equitable way with an emphasis
on progressive discipline to prevent misconduct or attain satisfactory improving
job performance. The level of discipline should reflect the objective (punishment
and /or ensure satisfactory 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.
Disciplinary actions are considered confidential. Participation in or knowledge of
the matters under consideration in a disciplinary action shall be limited to those
Department personnel who have a legitimate business reason for being
involved. Information obtained pursuant to any disciplinary investigation,
process or hearing will only be disclosed to those City officials and agents who
have legitimate business need for the information, or as required by law.
12.1 Grounds for Disciplinary Action
Each of the following may 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;
55
is
0
D. Dishonesty;
E. Insubordination - the 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 dudes, 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
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; (2) ° °°''f^""° ^ ^°
3) disciplinary suspension; (4) disciplinary
transfer or reassignment; (5) the temporary or permanent Gr-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 ounseling
F9FFnal 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
ounseling or discussion 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 before, during
erafteFinformalerfarmal ounseling.
56
12.4 Written Reprimand
A written reprimand may be given by a Supervisor whenever an Employee has
failed to correct his /her behavior or performance in response to an Oral
repramaad counseling 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 that 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 ten (10) calendar 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 serfest or improve an Employee's performance of
his /her normal duties to a "satisfactory" level, 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
serrest- performance of the Employee's normal duties to a satisfactory level 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.
12.7 Demotion
The Department Director may demote an Employee in the event of serious
misconduct of 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, when misconduct is sufficiently serious, or when the
Employee does not possess the minimum qualifications for his/her 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 written
reprimand, 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— but the signature is for the
purpose of acknowledgement only and does not indicate the Employee's
concurrence with the proposed action. An Employee's fFailure 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
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 shall make every effort to schedule the interview
during normal working hours and consider any requests regarding
schedulinghas no duty to baFgain with the Ernpleyee 9F the FepFesentative with
. The
representative does not have the right to interfere with legitimate inquiries but
58
may object to questions that the representative believes, in good faith, are
improper.
SECTION 13. DISCIPLINARY PROCEDURES
13.0 Disciplinary Procedures
A. Regular Employees. This section establishes the procedures that must
be followed before and /or after the imposing SubjeGt to the
to imposing op a RegulaF Full Time Employee or RegulaF PaFt �ime-
€mployee a disciplinary suspension , a
reduction in pay, leave or Salary Step, a Demotion, or a Discharge on a
Regular Employee.
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 may skull 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 (for
example, a Probationary Safety Employee may be entitled to a "name
clearing hearing if he /she is terminated for allegedly stealing property
from the evidence locker or falsifying a police report). 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.
13.1 Administrative Suspensions 0
59
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 an
RegulaFEmployee at least seven (7) Days prior written nNotice of ifntent
to impose a demotion or a suspension of more than eae -(34-) eFmere
Workday(s), or an equivalent a- reduction in pay, leave or Salary Step.
The Department Director may, but is not
required, to give an Employee prior written notice of intent to impose a
suspension of three (3) Days or less or the equivalent reduction in pay,
leave or Salary Step. The Department Director is required to give a
Regular Employee at least seven (7) Days prior The-written nNotice of
® itntent to Discharge a Regular Employee. The notice of intent shall be
personally delivered to the Employee or sent by certified mail to the
Employee's last known address. Any The- notice of intent required by this
Section 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.
13. 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 a notice of intent, orally or in writing, within seven (7) Days
60
after the Notice of Intent is personally served or the date on which the
notice of intent was deposited in the U.S. mail with first class postage
prepaid. 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 up
to 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) weFking —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, fiFst Glass postage
prepaid regular and certified 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
61
ExGept f9F suspensions of two (2) days OF 196S, OF the eqUiYaI9Rt FeduGtion in pa
oF accrued , Aan Employee may appeal the decision of the Human
Resources Director or the City Manager, as appropriate, imposing any demotion,
suspension or any reduction in pay, Salary Step or accrued paid leave. A
Regular Employee may appeal the decision of the Human Resources Director or
City Manager discharging that Employee. An appeal shall be filed by serving
filing a Notice of Appeal on with he Clerk Secretary 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 for a final decision.
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 Gie* Secretary of the Civil Service
Board. The City Manager shall give written notice of his /her decision to the
Employee and Department Director. The decision of the City Manager shall be
supported by substantial evidence in the record of the hearing.
13.6 Preparation
An Employee shall not be considered on duty while researching, writing or
preparing an appeal of a eF fbF and 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. Grievances are considered confidential. Participation
in or knowledge of the matters under consideration in a grievance shall be
62
14.1
limited to those Department personnel who have a legitimate business reason .
for being involved. Information obtained pursuant to this procedure will only be
disclosed to those City officials and agents who have legitimate business need
for the information, or as required by law.
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:
B. Written reprimands and counseling.
C. Management of the City generally and issues of City or Department
policy.
D. Necessity and organization of any service or activity conducted by the
City including the expansion or reduction of services or workforce.
E. Determination of the nature, manner, means, technology, and extent of
services to be provided to the public. .
F. Methods of financing.
G. Types of equipment or technology to be used.
H. Determination of and /or change in facilities, methods, technology, means
and size of the workforce by which City operations are to be conducted.
I. 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.
J. Establishment and approved modifications of job Classifications, or
Reclassifications.
K. Establishment, implementation, and modification of Departmental
structure, supervisory assignments, chain of command, and reporting
responsibilities.
L. 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
63
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.
14.2 Freedom from Reprisal
No Employee shall be subject to any retaliation, harassment, discipline or other
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.
0 14.5 Withdrawal
Any grievance petition may be withdrawn, without prejudice, by the Employee or
Employee's Association at any time,.
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 Empleyee and one
Employee representative Fnay be released from woFk for a reasonable peried of
. An Employee shall not research,
write or prepare a grievance or disciplinary appeal during normal working hours
exclusive of except during breaks and meal periods. An Employee and, when
applicable, one Employee representative shall not-be entitled to release time to
64
appear at formal grievance or disciplinary appeals before his/her immediate
supervisor, Department Director, City Manager or the Civil Service Board if the
hearing is scheduled during regularly scheduled working hours. in seajdastian
with any grievance filed by the Fmplaye For purposes of this Section release
time shall be considered "hours worked" if the time falls within the Employee's
normal Workday.
14.8 Miscellaneous
An Employee is required to comply with all lawful direct orders of his/her
Supervisor as a condition to filing a grievance. An Employee may, as part of the
grievance or any related disciplinary proceeding, challenge the validity of the
order. An order that requires an Employee to perform an act that could subject
him/her to an unreasonable risk of injury in light of his/her normal duties shall not
be considered a lawful order.
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) werkiag 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 the facts upon which the
grievance ibis based, the rule, regulation or policy the interpretation of which is
involved in the grievance, allegedly , and the specific remedy or
remedies sought by the grievant. —The Department Director should render a
written decision within ten (10) working— Days after receipt of the formal
grievance.
14.11 Grievance Procedure — Step 3
65
If the formal grievance has not been satisfactorily adjusted in Step 2, it may be
appealed to the City Manager within ten (10) werkiag -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) werk n
Days after conducting a _ rievance hearing. 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
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
�t
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).
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 either (1) the right of
an Employee, based upon seniority within a Series, to bump into a lower
ranking Classification within the same Series; or -(2) the right of to be
#ollowed by -an Employee being peFFnitted to bump into a Classification
within a different Series. The right of an Employee to latteFbump into@ a
Classification in a different Series 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. 9
67
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
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 any available bumping 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 eighteen (18)
months two (2) 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
68
16.0 On -Call Time
A. Definition. On -call time is time spent by Employees, usually off City
property and the °x premises, in their own pursuits, whenre the
Employee is (i) available to be called -back to work on short notice if the
need arises;- (ii) subject to contact by telephone or pager;; (ii) the
Employee must remain within a specified distance from the Employee's
workstation; and (iv) the Employee may not ,, and without ngageft in
activities that could impair his /her ability to perform his /her normal
assigned duties.
B. Compensation. When an Employee is directed to be on -call during a
specified period, the on -call time shall be compensated at the rate of one
(1) hour of overtime serapensatier> for each eight (8) hours of on -call time.
On -call time on holidays shall be compensated at the rate of two (2) hours
of overtime sempensatieR 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 Duty /Pay shall apply for the time the
Employee is on duty.
17.1 Call Back Duty /Pay
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 Duty /Pay.
B. Compensation. An Employee on Call Back Duty /Pay shall be paid for
two (2) hours, or one and one -half (1 -1/2) times the hours worked,
whichever is greater.
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APPENDIX A
0 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 unlawful harassment from occurring. The City will
not tolerate unlawful sexual harassment or unlawful 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. The City has adopted this "Unlawful Discrimination and Harassment Policy"
(Policy) to comply with State and Federal law and to protect all Employees from
unlawful sexual harassment and unlawful discrimination. All unlawful sash - harassment
and unlawful discrimination is prohibited. This eCitys Policy applies to all Employees,
including provisional, temporary and contract employees, and independent contractors
and subcontractors, and their employees when specified by contract. I
Section 2. Sexual Harassment Defined
® Federal and State laws consider sexual harassment to be one form of unlawful
harassment. 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.
Theis definition of sexual harassment includes many forms of offensive behavior. The
following is a partial list of prohibited conduct:
I 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
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1. Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors. i
3. Making or threatening reprisals after a negative response to sexual advances.
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.
It is unlawful for male Employees to sexually harass female Employees or other
male Employees, and for female Employees to sexually harass male Employees •
or other female Employees. Sexual hHarassment on the job is unlawful whether
it involves co- worker harassment, harassment by a supervisor or manager, or
harassment by persons doing business with or for the City.
Section 3. Preventing Unlawful Discrimination and Unlawful Sexual
Harassment
Complaint Procedure:
A. An Employees who believes he /she they —hasve been unlawfully sexaall
harassed or discriminated against based on their Employment with the City,
while on the job, shall provide a written or verbal complaint to (Complaint) his /-QF
her supervisor, the Human Resources Director or the City Manager as soon as
possible. The Csomplaint 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. The City will investigate aAll incidents of unlawful sexual— harassment or
discrimination that are reported. must e ° ^:•c— t—� igated-. The Human Resources
Director shall notify the City Attorney of the Ccomplaint and shall undertake or •
direct an effective, thorough and objective investigation of the Ceomplaint, as
APPENDIX A OF EMPLOYEE MANUAL
2
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;
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. City will take effective disciplinary or remedial action as warranted, up to and
® including termination if the City determines that unlawful sexual harassment or
unlawful discrimination has occurred -he.
D. Clients, independent contractors, vendors, or others doing business with the City
shall be required to use ould be diFeGted to use theis Complaint pProcedure
outlined in this Policy for any claim of unlawful sexual harassment or unlawful
discrimination.
Section 4. Retaliation
In accordance with applicable law, this Policy eGity-prohibits any retaliatory adverse
employment action (retaliation) against any person for filing beGause the person files a
Csomplaint about conduct that the person reasonably believes constitutes unlawful
employment harassment or discrimination. This Policy aAlso prohibitsed is- retaliation
against any besaause of a person because of his/her !s participation in an investigation,
proceeding or hearing related to a violation of this Ppolicy.
b°'�rat . Any4 Csomplaints alleging retaliation in violation of under-this Policy, and
any related communication, are protected provided that the Ceomplaint —er
communication is made with a reasonable good faith belief that a violation of this Policy
has occurred. Any U- Csomplaints of retaliation shall euld -be processed in the same
manner as a Complaint alleging sexual harassment or discrimination. required -under
• this Relisy. The City will previde- promptly, thoroughly and objectively investigate ion e#
any claim of retaliation. If the City determines that retaliation has occurred, the City will
APPENDIX A OF EMPLOYEE MANUAL
3
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 the Department Director and Human Resources Director whenever the
Supervisor kAews OF receives information about an incident that he /she knows or
should have known, could constitute unlawful discrimination or harassment. of
an incident by viFtae of his/her training and experience. The report shall be filed
even if the Employee(s) who experience(s) 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 Supervisor's 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 that 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 unlawful sexual- harassment or retaliation, including any •
Ssupervisor or manager who knew about the harassment and took no action to stop it,
APPENDIX A OF EMPLOYEE MANUAL
4
may be held personally liable for monetary damages.
Section B. Employee's Rights
The #- is-tMe-goal of this Policy is to identify and prevent unlawful discrimination or
harassment. If problems and /or concerns arise, Employees are urged to make use of
the process described as set€eFth 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.
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.
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APPENDIX A OF EMPLOYEE MANUAL
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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. An Employee performing his/her normal or assigned duties while
Ueiag 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 seNe. 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, . 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 the City Manager, offiGials and agents who the
Human Resource Director, the and — Department Director and the Supervisor
designated by the Department Director to implement any action necessary or
appropriate pursuant to this Policy. Except for the Department Director and Human
Resources Director, the information described in this Section shall be disclosed only as
necessary to initiate disciplinary action or resolve legal issues. The Employees
authorized to receive the information described in this Section shall consider all such
information, including test results, to be confidential and not to be disclosed to any
APPENDIX B OF EMPLOYEE MANUAL
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person or position other than as expressly provided in this Policy. deteFFRiRe have
need foF the OF as Fequiped by law. Any reports or test results generated
pursuant to this Policy shall be kept in a confidential file, accessible only by those
authorized to receive the information, and separate and distinct from the Employee's
personnel file.
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 all as specified and defined in 49 CFR Part
40.
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
APPENDIX B OF EMPLOYEE MANUAL
2
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Newport Beach, CA, 92663
(949) 760 -2372
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 its
designee.
G. "Medical Review Officer (MRO)" shall mean a licensed physician with knowledge
of drug abuse disorders as well as appropriate training to interpret and evaluate
an employee's positive test results together with an employee's medical history
and any other biomedical information... 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
thirty -six (36) 60- months from the date Employee tested positive.
The MRO shall be the following physician unless an alternative is authorized
pursuant to the procedure specified below:
Murray I. Lappe, M.D.
23015 Del Lago Drive
Suite D2 -181
Laguna Hills, CA 92653
(714) 472 -0645
Within fifteen (15) days after the adoption of this Policy, the Human Resources
Director shall provide all Recognized Employee Associations with information
regarding the MRO that confirms his qualifications to act as the MRO. Within
sixty (60) days after the adoption of this Policy, the Human Resource Director
shall provide all Recognized Employee Associations the names and
qualifications of three possible alternative and/or supplemental MROs and will
accept the names of other possible alternative or supplemental MROs from any
Recognized Employee Association. The Human Resource Director shall, within
ninety (90) days after the adoption of this policy, meet and consult with the any
Recognized Employee Association relative to the designation of the MRO and
the designation of any alternative or supplemental MROs.
H. "Prescription Drug" shall mean any substance that can lawfully be obtained or
possessed pursuant to a prescription by a licensed physician.
APPENDIX B OF EMPLOYEE MANUAL
3
• I. "Positive Test" shall mean to have the presence of a drug or a drug metabolite
and/or alcohol in a person's system that is equal to or greater than the levels
allowed by this Policy in the confirmation test as determined by appropriate
testing of a blood or urine specimen 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
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 8. Prohibition Against the use of Drugs
iNo 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.
APPENDIX B OF EMPLOYEE MANUAL
4
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, in the case of prescription drugs, ask the prescribing physician and/or, in
the case of medication available over- the-counter, 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. Any Employee taking any over - the - counter medication or prescription drug
marked "do not drive," "do not operate heavy equipment" or similarly labeled, shall inform
the appropriate Supervisor of the use of the medication or drug prior to reporting for duty.
In the case of prescription drugs, the Supervisor shall determine whether the employee
may work full duty or light duty based on the written opinion of the employee's medical
provider that the use of the medication may impair the employee's ability to perform specific
duties. The Supervisor may, upon a determination that the employee is unable to safely
perform his or her normal duties, or a modified work assignment is not available, direct the
employee not to work and to return home on paid leave or industrial leave if appropriate. In
the event the employee's personal medical provider provides a written opinion that the use
of the drug or medication will not impair the employee's ability to perform his /her normal
duties, the Supervisor shall allow the employee to perform those duties. ^n Employee must •
he/she has any reason to believe- that the use ef the-prE WeF the GGURte
ro
vefil I Thp S i In .+44nr •111Cmnln..nn'c nniiFino4'nn 4n refer the an
En 'IySiGian te advise the Supervisor whether any , rk
Notices or communications required by this Sectin
shall be confidential and disclosed only to the Supervisor and the other etheF 6+ty
Employees specifically authorized to receive information pursuant to only �,. to
the wdent
expFessly permitted OF rnn iFed h.• this Policy. Nothing in this section shall constitute, or be
construed as, a waiver of the employee's rights under State or Federal law.
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. In such event the applicant and may not
APPENDIX B OF EMPLOYEE MANUAL
5
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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 trained Supervisor (for purposes of this Section the term trained
Supervisor means a Supervisor who has received the training specified in
49 CFR Part 40 or the equivalent) has reasonable suspicion to believe,
based upon specific and; articulable facts and observations, that the
Employee may be under the influence of drugs and /or alcohol. Exhibit C.
3. When a trained Supervisor has reasonable suspicion to believe, based
upon specific and; 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.
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 the
testing procedures in Exhibit C. The Human Resources Director will be
responsible for reviewing all disciplinary actions resulting from violations
of this Policy to ensure that the action proposed or taken is consistent
with this Policy and the Manual.
2. The DPM shall be responsible for the following:
APPENDIX B OF EMPLOYEE MANUAL
6
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i. Communications directly with the MRO and/or SAP and SAMHSA
regarding any drug and /or alcohol tests;
ii. Overseeing testing programs;
iii. Providinge training to Supervisors and Employees;
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 is deemed prudent to ensure the safety of the
public and Employees. Should the Supervisor have reasonable suspicion
to believe, based upon specific and; 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 and after appropriate notice and a final decision
after any hearing on appeal, — administrative leave may be reversed and
the lost time may be charged against the Employee's leave bank and /or
leave without pay.
2. Acknowledgement Gensent- - 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 acknowledgment consent of the person
being tested. (Exhibit B.) Howeve , rRefusal 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 4- required by -untie: this Policy.
3. Collection, Integrity and Identification
A. After the employee has been advised about the reason for the test by
the Supervisor, the employee will be properly identified and Collection
Site personnel will explain the mechanics of the collection process.
B. Procedures 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.
4. Chain of Custody
APPENDIX B OF EMPLOYEE MANUAL
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A. Procedures for the storage and transportation of test specimens shall
conform to the Mandatory Guidelines for Federal Workplace Drug
Testing Programs promulgated by the Department of Health and
Human Services as amended from time to time. These guidelines
currently require that:
(i) Specimen bottles shall be under the direct control of
collection site personnel.
(ii) Specimen bottles shall be identified only by the Specimen
Identification Number.
(iii) The City shall prepare no writings about the contents of
the specimen bottles or the employee identities.
B. The test laboratory shall maintain custody of the specimens.
54. 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.
65. 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.
76. 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
APPENDIX B OF EMPLOYEE MANUAL
8
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
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 Disclosure Referral — The City encourages any Employee with a drug
and /or alcohol problem to voluntarily disclose the problem to the DPM who shall
refer the employee to the seek appFopFiat^ counseling and treat e—At
City wed— Employee Assistance Program (EAP), andler through their
peFSGRal physician and health . An Employee requesting this
assistance will not be disciplined solely due to the request but may, with the
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. An
employee's voluntary disclosure of a substance or alcohol abuse problem will
not terminate any investigation, criminal or administrative, initiated prior to the
disclosure. An employee subject to this Policy and making a voluntary
disclosure shall receive immunity one time only during his /her employment with
the City.
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. 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
APPENDIX B OF EMPLOYEE MANUAL
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rehabilitation or treatment services, whether or not covered by the Employee's
medical plan, are the ultimate responsibility of the Employee.
Section 14. Exceptions
This Policy shall not prevent a Safety Employee of the Newport Beach Police
Department from using or possessing drugs or alcohol as part of his/her official
duties and when in furtherance of the mission of the Police Department.
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APPENDIX B OF EMPLOYEE MANUAL
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/5
EXHIBIT A
DRUG AND ALCOHOL POLICY
REASONABLE SUSPICION EVALUATION FORM
Employee Name:
Observation Date and Time:
Location of
Location of Supervisor(s):
Others present during activities or observations:
Incident(s) observed which give cause for reasonable suspicion:
(Factors that may be considered in combination with those listed in 1 — 6 below include €xamplesceeld be takes
needless risks, aocident(s), disregard for others safety, unusual /distinct pattern of absenteeism /tardiness, increased
high /low periods of productivity, lapses of concentration or judgment, etc.)
1. 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
_Slowed
_Sleeping on the job
_Mood Swings
_Paranoid
5. Motor Skills/Balanoe:
_Unsteady _Swaying
_Staggering _Stumbling
_Arms Raised for Balance
Other:
6. Other observed Actions or Behaviors:
_Unconscious
Hostile /Confrontation
_Euphoric
_Disoriented
_Falling
_Reaching for Support
APPENDIX B OF EMPLOYEE MANUAL
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0
lb
E
Drug and Alcohol Policy
Reasonable Suspicion Evaluation Form
Page: 2
Supervisors Comments:
Supervisors Name:
Signature: Date:
Supervisors Name:
Signature: Date:
Witness(es) Name: Date:
Signature: Date:
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APPENDIX B OF EMPLOYEE MANUAL
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EXHIBIT B
DRUG AND ALCOHOL POLICY .
ACKNOWLEDGEMENT OF SUBMISSION 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 (Policy). I hereby acknowledge that I am required to submit to eensent
and agree to rug and /or alcohol testing pursuant to the Policy.
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 empleyment 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 acknowledge that �•
� �ize--the test results
will Wbe 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- sensenA-forms at the Collection Site of
Testing Laboratory.
With full understanding and knowledge of the foregoing, I hereby acknowledge my
obligation 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
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/S
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I have read the above acknowledgement
testing and certify that I have signed this document with ef my own fFee well and aGGerd,
fully knowledge and understanding of its contents. understand and aGknewledge the
Gentents of this d9GUFAent, and stipulate that Fny Gensent is knowing and veluntary.
SIGNATU
Date:
City and State:
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APPENDIX B OF EMPLOYEE MANUAL
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FN
■
A.
EXHIBIT C
Initial Level
DRUG AND ALCOHOL POLICY
Amphetamines and /or
REASONABLE SUSPICION TESTING PROCEDURES
•
TESTING PROCEDURES
1000 n /ml
1. Reasonable suspicion testing will be conducted when a Supervisor has a
Barbituates
reasonable suspicion that an Employee is under the influence of drugs
200 n /ml
and /or alcohol. Reasonable suspicion must be based on specific,
300 n /ml
contemporaneous, articulate observations concerning the physical
Cocaine
symptoms or behaviors of being under the influence of drugs and /or
150 n /ml
alcohol. A Supervisor must establish reasonable suspicion of drug and /or
50 n /ml
alcohol use during or —just preceding o. ��the Workday. If
Opiates (morphine
conditions permit, the Supervisor will request the assistance of another
Supervisor to observe the actions or behavior of the employee. The
2000 n /ml
Supervisor shall, prior to testing, permit the employee to attempt to
Phencyclidine (PCP)
contact, and consult with, a representative. The Supervisor should make
25 n /ml
reasonable accommodations (defined as actions that would not, in the
.02 percent
opinion of the Supervisor, unreasonably delay the test, affect the
APPENDIX
reliability of the test, or harm the safety of the employee or the public) that
would allow the employee to consult with a representative prior to the test.
ie er
to nentaGt the Employee's League
g
Q {' ' H.{' to be {
behalf of the Employee if
on
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. Positive
levels for prohibited drugs are as follows:
Drug to be tested
Initial Level
Confirmation Level
Amphetamines and /or
Methamphetamines
1000 n /ml
500 n /ml
Barbituates
300 n /ml
200 n /ml
Benzodiazepines
300 n /ml
200 n /ml
Cocaine
300 n /ml
150 n /ml
Marijuana
50 n /ml
15 n /ml
Opiates (morphine
and /or codeine)
2000 n /ml
2000 n /ml
Phencyclidine (PCP)
25 n /ml
25 n /ml
Alcohol
.02 percent
.02 percent
APPENDIX
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2V
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
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 s+x�thirty -six (36) 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:
0 1. Not providing the City a written consent to take the test;
APPENDIX B OF EMPLOYEE MANUAL
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2. The Employee does not supply enough quantity of either urine or blood
(for alcohol or drug testing) without sufficient or valid medical explanation;
3. Tampering with a specimen or collection process; 0
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.
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APPENDIX B OF EMPLOYEE MANUAL
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0 APPENDIX C
CITY OF NEWPORT BEACH
COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY
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
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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. internet- Pelisy 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 nWmight 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
iaternetlnternet 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.
Geataets.
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
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2A
• 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- DiFeeter Manager.
B. E- mailWoice 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 Attomey /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
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26
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
system :m iGhsystem, 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
E�
. 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.
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APPENDIX C OF EMPLOYEE MANUAL
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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
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APPENDIX C OF EMPLOYEE MANUAL
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0 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. Terns 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
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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
bi
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.
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0 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 0
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 another's 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: Wserslptlsharedldal PolicyPersonneik EmployeeManualAppendixl EorganizationalValuesPolicyO31201 .doc 09
APPENDIX E OF EMPLOYEE MANUAL
2
11
O �
I
CITY OF NEWPORT 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
PAGE •
SECTION 1 GENERAL PROVISIONS 1
1.0 Authority ............................................... ..............................1
1.1 Title ........................................................ ..............................1
1.2 Scope ..................................................... ..............................1
1.3 Purpose ................................................. ..............................1
1.4 Application ............................................ ..............................2
1.5 Adoption and Amendment of Rules ... ............................... 3
1.6 Validity of Personnel Policies ( Severability) ....................3
1.7 Department Procedures ....................... ..............................4
SECTION 2 DEFINITIONS 4
2,0
Definition of Words and Terms ........... ..............................4
2.1
Construction ........................................ .............................10
4.1
4.2
SECTION 3
STANDARDS AND PRACTICES
11
3.0
Basic Principles ................................... .............................11
22
3.1
Fair Employment Practices ................ .............................12
3.2
Discrimination and Harassment ......... .............................12
•
3.3
Political Activities ................................ .............................13
3.4
Conflicts of Interest .................... .............................13
3.5
Incompatible Activities ..................... ...............................
15
3.6
Drug and Alcohol Free Workplace ..... .............................15
3.7
Smoking Prohibited ............................. .............................16
3.8
Safety and Health ................................ .............................16
3.9
Communications Equipment and Systems Policy........
16
3.10
Personal Telephone Calls ................... .............................16
3.11
Search of Lockers, Desks, and Other Containers .........
16
3.12
Outside Employment ........................... .............................17
3.13
Recording of Conversations .............. .............................18
3.14
Work Place Security and Anti - Violence Policy ..............18
3.15
Fitness for Duty ................................... .............................19
3.16
Qualifications ....................................... .............................20
3.17
Disaster Service Workers ................... .............................20
SECTION 4 ADMINISTRATION OF THE PERSONNEL SYSTEM 20
4.0
City Manager's Duties ......................... .............................20
4.1
4.2
Supervisor's Duties ............................... .............................21
Open Door Policy ................................. ...............................
22
•
4.3
Employees Records and Files ........... ...............................
22
4.4 Preparation, Adoption and
Amendment of Classification Plan .... ............................... 24
4.5 New Positions ....................................... ............................... 24
4.6 Compensation Plan ............................. .............................24
SECTION 5 RECRUITMENT AND SELECTION 24
5.0
Goals .................................................. ...............................
24
5.1
Recruitment ....................................... ...............................
24
5.2
Job Announcements ........................... .............................25
5.3
Personnel Applications ....................... .............................25
5.4
Evaluation of Applications ............... ...............................
25
5.5
Selection Techniques ....................... ...............................
26
5.6
Review of Examination ....................... .............................26
5.7
Eligibility List ....................................... .............................26
SECTION 6
APPOINTMENTS
29
6.0
Appointment Process .......................... ...............................
29
6.1
Salary at Appointment ...................... ...............................
29
6.2
Pre - Employment Physical .................. .............................29
6.3
Nepotism Policy ................................ ...............................
30
6.4
Fingerprinting and Background Checks ........................
30
6.5
Criminal Conduct ................................. .............................31
6.6
Appointments from Lists .................. ...............................
31
6.7
Emergency Appointments .................. .............................31
6.8
Interim Appointments ....................... ...............................
31
6.9
Acting Appointments ........................ ...............................
31
6.10
Transfer ................................................ .............................32
6.11
Promotion .......................................... ...............................
32
6.12
Demotion .............................................. .............................33
6.13
Re- Employed and Reclassified Employees ...................33
6.14
Re- Employment of Former Employees ..........................
33
SECTION 7
PROBATIONARY PERIOD
33
7.0 Purpose ................................................ .............................34
7.1 Period of Probation ............................. .............................34
7.2 Extension of Probation ...................... .............................34
7.3 Rejection of Probationer ................... ............................... 35
7.4 Effect of Absence ............................. ............................... 35
SECTION 8 TRAINING AND CONTINUING EDUCATION 35
8.0 Purpose ................................................ .............................35
8.1 In-House Training ................................ .............................35
8.2 Department Training ......................... ............................... 35
8.3 Training and Travel Reimbursement . .............................36
8.4 Tuition Reimbursement ...................... .............................37
SECTION 9 PERFORMANCE EVALUATIONS AND SALARY
ADJUSTMENTS 39
9.0 Employee Performance Evaluation . ............................... 39
9.1 Merit Steps Progression ..................... .............................40
9.2 Reclassification /New Classifications ............................. 41
SECTION 10 ATTENDANCE AND HOURS OF WORK 43
10.0 Overtime ............................................... .............................43
10.1 No Guarantee of Hours ..................... ............................... 43
10.2 Time Sheets ....................................... ............................... 43
10.3 Constructive Resignation ................... .............................44
10.4 Lunch and Break Policy ...................... .............................44
SECTION 11
LEAVES
44
11.0
Flex Leave ............................................ .............................44
11.1
Vacation Leave .................................. ...............................
47
11.2
Sick Leave ........................................... .............................48
11.3
Bereavement Leave ........................... ...............................
50
11.4
Holiday Leave ...................................... .............................51
11.5
Jury Duty and Witness Leave ........... ...............................
51
11.6
Family and Medical Leave ................ ...............................
52
11.7
Leave of Absence Without Pay ........ ...............................
52
11.8
Special Paid Leave .............................. .............................53
11.9
Military Leave ..................................... ...............................
53
11.10
Administrative Leave .......................... .............................53
11.11
Voting Leave ........................................ .............................53
11.12
Workers' Compensation Benefits and
Industrial Accident Leave ................... ...............................
53
SECTION 12
DISCIPLINARY ACTIONS
55
12.0
General Principles ............................. ...............................
55
12.1
Grounds of Disciplinary Action ........ ...............................
55
12.2
Definition of Certain Disciplinary Action ........................
56
12.3
Counseling ........................................... .............................56
12.4
Written Reprimand ............................ ...............................
56
12.5
Performance Improvement Program (PIP) .....................57
12.6
Disciplinary Suspension ................... ...............................
57
12.7
Demotion .............................................. .............................57
12.8
Discharge ............................................. .............................57
12.9
Resignation - An Alternative to Disciplinary Action.....
57
12.10
Documentation of Disciplinary Action ............................
58
12.11
Employee Representation ................ ...............................
58
0
0
1]
SECTION 13 DISCIPLINARY PROCEDURES 58
. 13.0 Disciplinary Procedures ..................... .............................58
13.1 Administrative Suspensions .............. .............................59
13.2 Skelly Procedure /Due Process ........ ............................... 59
13.3 Appeal of Department Director's Decision ..................... 61
13.4 Appeal to Civil Service Board .......... ............................... 61
13.5 Final Decision ...................................... .............................61
13.6 Preparation and Attendance ............. ............................... 62
SECTION 14
GRIEVANCES
62
14.0
Matters Subject to Grievance Procedures .....................
62
14.1
Matters Not Subject to Grievance Procedures ..............
62
14.2
Freedom from Reprisal ..................... ...............................
63
14.3
Consolidation .................................... ...............................
63
14.4
Resolution ............................................ .............................63
ORGANIZATIONAL VALUES AND BEHAVIORS
14.5
Withdrawal ........................................... .............................64
14.6
Resubmission ...................................... .............................64
14.7
Employee Representation ................ ...............................
64
14.8
Miscellaneous ...................................... .............................64
14.9
Grievance Procedure — Step 1 ......... ...............................
64
14.10
Grievance Procedure — Step 2 ......... ...............................
65
14.11
Grievance Procedure — Step 3 ............ ...............................
65
. 14.12
Time Limits ........................................ ...............................
65
SECTION 15
REDUCTIONS IN FORCE
66
15.0 Reductions in Force /Layoffs ............ ............................... 66
15.1 Definitions ............................................ .............................66
15.2 Procedure ............................................. .............................67
15.3 Notice ................................................. ............................... 67
15.4 Re- Employment ................................... .............................68
15.5 Severance .......................................... ............................... 68
SECTION 16
ON -CALL TIME AND CALL BACK DUTY 68
16.0
On -Call Time ...................................... ............................... 68
16.1
Call Back Duty ................................... ............................... 69
APPENDIXES
A
UNLAWFUL DISCRIMINATION AND HARASSMENT POLICY
B
DRUG AND ALCOHOL POLICY
C
COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY
D
FAMILY AND MEDICAL LEAVE POLICY
® E
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 such as making all personnel decisions 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 Employees but does not apply to:
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
2
1.5
1.6
Employees generally (as opposed to Regular Full Time Employee for example). •
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. he 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 related provisions of this Manual whenever the modification is
required, as opposed to permitted, by virtue of any amendment 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.
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.
K
0
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 section is not intended to affect or supercede existing
Department Policies not in 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
(Civil Service Ordinance) and the then current Civil Service Rules adopted
F1
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.
I. Classification Series shall mean a group of Classifications that extend
from an entry level to the highest level based on an increase in the
number and /or complexity of duties, responsibilities, job requirements
and /or 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 Regular 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 counseling .
or any notation of any discussion in a supervisor's log.
5
0 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 Employee 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 Employees 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 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.
11
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.
V. Human Resources Director shall mean the Human Resources Director
or similar position designated by the City Manager to perform the
functions required by this Manual as well as the designee of the Human
Resources Director.
W. Immediate Family shall mean an Employee's father, mother, brother,
sister, wife, husband or child, and the Employee's spouse's mother,
father, brother, sister or child.
X. 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.
Y. Leave shall mean the authorized absence of an Employee from his /her
place of work.
Z. Meet and Confer in Good Faith shall mean that a public agency, or such
representatives as it may designate, and representatives of recognized
employee organizations, shall have the mutual obligation personally to
meet and confer promptly upon request by either party and continue for a
reasonable period of time in order to exchange freely information,
opinions, and proposals, and to endeavor to reach agreement on matters
within the scope of representation prior to the adoption by the City of its
7
. final budget for the ensuing fiscal year.
AA. 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.
BB. 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.
® CC. 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.
DD. 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.
EE. Reclassification shall mean a change in Classification of an Employee
that is based on an evaluation of the duties and responsibilities he /she
actually performs in relation to those of the Classification he/she occupies.
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. Safety Employee shall mean an employee described in the definition of
"local safety member" as defined in Section 20019 of the Government
8
Code of the State of California or any successor section. •
II. 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.
JJ. Separation shall mean the termination of an Employee's employment
with the City for any reason.
KK. Step shall mean one of the Base Rate of Pay increments within the Salary
Range for any Classification.
LL. 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.
MM. 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. .
NN. 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.
00. 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.
PP. Vacancy shall mean an authorized Position for which funds are available
that is not occupied by a Regular Employee or a Probationary Employee.
QQ. 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
9
. 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 in excess of
seven (7) Days are applicable only to certain Safety Employees as
authorized by, and consistent with, FLSA. 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. 9/80 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 off an alternating Friday, or noon on Monday
if an alternating Mondays is taken off. This schedule allows for 8
nine hour Workdays and 1 eight hour Workday.
2. 4/10 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. 3/12 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.
RR. Workday shall mean the number of hours an Employee is scheduled to
work during any 24 -hour period.
SS. Written Reprimand shall mean a written notice of unsatisfactory
performance or misconduct given to an Employee as discipline.
TT. 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
10
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.
E. This timeframes specified in this Manual are generally based on an eight
(8) hour Workday. Many Employees are scheduled to work more than
eight (8) hour workdays and certain Fire and Marine Department
personnel have twenty -four (24) hour Workdays. The timeframes
specified in this Manual shall, whenever appropriate in the context, be
modified on a pro -rata basis so that any Employee with a Workday of
more than eight (8) hours is treated the same as an Employee with an
eight (8) hour Workday and vice versa.
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, or 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 standards each Employee is expected:
1. To be respectful, patient and fair with other Employees and
members of the public. 0
11
2. To perform his /her 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
The City's policy is 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, fully comply with and are protected by
the provisions of this Manual and the City's discrimination and harassment policy
the full text of which is found in the 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. 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 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
12
3.3
3.4
an Employee to report harassment or discrimination to which he /she was
subjected may affect the Employee's legal rights and /or legal remedies.
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.
Conflicts of Interest and Acceptance of Gifts and Other Gratuities
A. City Employees should perform their duties in a fair and impartial manner,
13
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.
3. An Employee who is unsure if a gift or gratuity with a value in
excess of twenty -five dollars ($25.00) could constitute a conflict of
14
interest 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. Employee solicitations related to events and functions such
races, health fairs, charitable activities, and activities to protect or
preserve the environment do not benefit the individual Employee and 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 except as provided in Section 3.12. No
Employee shall engage in Recognized Employee Association activities during
that Employee's Workday except during break time, meal periods or as expressly
authorized or 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. The complete text of the Drug and
Alcohol 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. The Drug and Alcohol Policy does not
prevent certain Safety Employees of the Newport Beach Police Department from
possessing drugs or using alcohol when necessary or appropriate in the course
and scope of employment
15
• 3.7 Smoking Prohibited
Smoking or use of 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 unless 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. The full text of
this policy is found in the 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.
0 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. Lockers, desks and other containers provided to Employees for their
convenience are and remain City property. Employees are not
guaranteed a right to privacy in any areas or containers provided by the
City, including but not limited to lockers, desks, file cabinets or other
equipment.
B. The City may conduct an investigatory search of a work area, locker,
desk, storage area, file or equipment provided or assigned to an
0 Employee when:
1. The City has obtained a search warrant; or
16
2. The Employee has consented to the search; or .
3. The City has determined, based on all of the circumstances, that
the Employee has no reasonable expectation of privacy in the
contents of the work area, desk, locker, storage area, file or
equipment to be searched or inspected;
4. The City has maintained full control, or joint control with the
Employee, of the item or area to be searched; or
5. The City has reasonable cause as required by then current
statutory or decisional law to conduct an investigatory search.
C. The provisions of this Section shall not be construed or applied in a
manner that conflicts with any statutory provisions (such as Government
Code Section 3300, et. seq.) relating to the search of lockers, files,
equipment, containers or areas that have been provided or assigned to an
Employee.
3.12 Outside Employment
Employees may obtain and /or maintain employment with persons or entities •
other than the City or self - employment (outside employment) subject to approval
by the Department Director in conformance with the following:
A. Notification. Prior to initiating any self - employment or 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 contemplating self - employment shall provide the
Department Director with information regarding the nature of the work
performed and work schedule.
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
17
• 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 of the initial request for
approval.
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 an Employee and any other person or persons 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 (including threats allegedly made in jest),
acts of violence, 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, a member of
the public or the property of either. All threats and acts of violence will be
investigated with the understanding that any such conduct may 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 that
. 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
18
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 person shall be
attributed to an Employee if that person is acting on behalf of the
Employee at his/her request or insistence.
4. Weapon means any non -job related firearm, explosive device,
knife (non - folding or locking with blade length equal to or greater
than 2 1/2 inches), club, or other object or item that a reasonable
person would consider a weapon 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 •
or display any Weapon while on duty or bring a weapon into any
City building, facility, rolling stock or property 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.
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.
3.15 Fitness for Duty
An Employee may be required to undergo a medical and /or psychological
assessment or evaluation upon a determination by the Department Director, and .
with the approval by the Human Resources Director, that there is reasonable
19
• 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. This assessment shall be considered, and
limited to, a 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 traveling
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 information resulting from a fitness for
duty evaluation.
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 to be "disaster service workers" pursuant to
provisions of State law. Each Employee shall fully comply with his /her duties
and responsibilities pursuant to any emergency operations plan approved by the
City Council and /or City Manager as well as 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
20
4.1
provisions of the City Charter or ordinance. The City Manager shall:
A. Act as the Appointing Authority for all 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
provide copies to all recognized employee organizations and
unrepresented employees.
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. To 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
Human Resources Director.
G. Recommend or impose discipline in a manner consistent with this Manual.
H. Maintain a safe, healthy and productive work environment.
I. Encourage communication between Employees and Supervisors.
21
0 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 duties or suggestions for
improving City service. The City encourages Employees to discuss with their
Supervisor any concern or question they have about their duties 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 /or 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 and /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.
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
22
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 is 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 of an Employee and documents that
reflect educational achievements of the Employee 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. Any such
document shall be given to the Employee upon request or at such
time as the document would otherwise be removed from the file. .
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
personnel files or payroll file. An Employee may obtain an additional
copy of any document in his/her personnel file. The Employee shall
pay the actual cost of duplication in the case of requests that require
the production of more than five (5) pages.
0
PW
• 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 in the Classification Specifications 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 ensure 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.
5.1 Recruitment
• Recruitment may be open, promotional or continuous. The Civil Service Board
24
shall make the determination of the nature of the Recruitment of Civil Service •
Employees. With respect to non -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 ensure 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 Classification 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 disqualification of the
applicant and may be cause for termination or other disciplinary action if the
applicant is, or subsequently becomes, an Employee 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 shall not be considered unless
it is 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 individuals most highly
qualified for the Position. The Department Director may, at any time during the
recruitment process, verify references and other information provided by the
applicant.
0
25
. 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 seven (7) Days after written notice of the results. Any
Applicant will be considered eligible to continue with the selection process if
his/her corrected score meets or exceeds the established passing score. 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
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.
26
B. Duration of Eligibility List. Eligibility Lists, other than those resulting 40 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 up to an
additional twelve (12) months by the Civil Service Commission for Civil
Service positions or the Human Resources Director for non -Civil Service
positions. 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 Human Resources
Director may remove the name of any eligible candidate appearing on an
Eligibility List by 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
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
27
List.
6. The eligible candidate was on an Eligibility List as a result of a
promotional examination and, after preparation of the Eligibility List,
Separated from the City.
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 City Manager has determined that the Applicant has been
convicted of a felony that there is a rational relationship between
the conviction and the normal duties of the position and there are
no mitigating circumstances that would warrant a waiver of the
provisions of Section 6.5.
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
to Civil Service Employees to the extent of any conflict with the Civil
Service Rules.
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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 in
the case of 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 /or 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 deemed 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
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
29
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. 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
To facilitate the City's ability to perform complete background checks on
Employees, eligible candidates will be fingerprinted to enable the City to conduct
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6.5
6.6
6.7
6.8
6.9
a background check. The City will conduct background checks to insure the
candidate is eligible for Appointment and has the ability to perform the normal
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.
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, in his or her sole
discretion, waive the provisions of this Section based on 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.
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.
Emergency Appointments 0
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.
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.
Acting Appointments
The formal and express assignment of an Employee to perform the significant
31
. 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 Department Director shall consider the
time spent by an Employee and the performance of that Employee in a
Classification pursuant to an Acting Appointment when and if the Employee
applies for a Promotion to any Classification in that Classification Series. The
Employee shall return to his /her former Position and Step if the Employee is not
Promoted once the Acting Appointment is completed.
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. This section does not affect the right of a Safety Employee
of the Police Department to an administrative hearing pursuant to the provisions
of the Peace Officers Bill of Rights Act.
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
RYA
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 which the employee has
previously 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.
6.14 Re- Employment of Former Employees
On written recommendation of the Department Director and approval by the City
Manager, a former Employee may be Re- employed in the Classification or
Position he /she occupied at the time of his /her Separation and at the same Step
subject to the following conditions:
A. There must be a vacant Position in the Classification and no Re-
Employment Lists for the Classification.
B. Separation was not based on misconduct or unsatisfactory performance .
and Separation from City employment was under favorable conditions.
33
. C. Re- Employment occurs within one (1) year after termination of City
employment for Non -Civil Service Employees and two (2) years for Civil
Service Employees.
D. The Employee shall complete the remainder of any Probationary Period.
E. The Employee shall be required to take a medical examination at his /her
own expense and as prescribed by the City Manager.
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 Civil Service Employees, the Probation Period after a
Promotion shall be six (6) months. The Probationary Period for a Civil Service
Employee after a Promotion is twelve (12) 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 Employee who has
separated from the City and is Re- employed as provided in Section 6.14 shall be
required to serve a total Probationary Period of twelve 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
have the right to Appoint an Employee to Regular status at any time during the
34
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. The Department Director
may reject an Employee Promoted to a Position in a higher Class by 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 Employee's skill
and ability so that he /she will be able to better perform his/her duties, effectively
compete for Promotion, and enhance the performance of the organization.
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.
8.2 Department Training
Department Directors are encouraged to offer specialized training to their
Employees subject to the following:
•
35
. 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 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 pursuant to FLSA. Time spent in training and
travel may be considered as "hours worked" for purposes of calculating
FLSA overtime. The provisions of the City Council 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 mealtime.
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 for the
purpose of training is work time when it occurs during the
t Employee's Workday, however, travel as a passenger in an
automobile or on public transportation outside of regular working
92
hours shall not be treated as hours worked. •
B. Travel Reimbursement. Employees shall receive mileage and travel
reimbursement in accordance with the then current City Council 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 and Probationary 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. Ineligible 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 initially hired or Appointed.
Courses that involve no classroom participation are not eligible for tuition
reimbursement except that any course offered through correspondence or
the Internet is 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, or such other
amount as may be approved by the City Manager or City Council in an
MOU or otherwise. Reimbursement for a Regular Safety Employee shall
be as specified in the relevant MOU. 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 final grade of "C' or better (or the equivalent) in an undergraduate
course, or "B" or better (or the 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:
0
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 or at an institution
approved by the Department Director.
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.
The amount prepaid will be deducted from the Employee's next paycheck
if the Employee fails to submit the information required or fails to obtain
the requisite grade.
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.
I. 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.
38
SECTION 9. PERFORMANCE EVALUATIONS AND
SALARY ADJUSTMENTS
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 with the
Employee being evaluated (i) the positive and negative aspects of the
Employee's performance; (ii) the positive aspects of the Employee's
performance; (iii) appropriate goals such as development of additional
skills; and (iv) aspects of the Employee's performance 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 better 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 fora 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 Supervisors 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 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.
7RE
• D. Employee Response. The Employee shall have an opportunity to read
and review his /her performance evaluation form and offer comments on
the ratings or the overall evaluation prior to Supervisor execution and
approval. The Department Director shall give the Employee a copy of the
final personnel evaluation no later than five (5) working days after
approval 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 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 or diminish 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 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,
M
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 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 approval of the Human
Resources Director and may be based on merit and on the need to remain
competitive in the marketplace for recruiting purposes. All merit
advancements shall be effective on the first day of the first pay period
following the eligibility date. Provisional Employees shall not receive more
than one merit increase per year.
1. Seasonal Employees. Step increases may be granted to
Provisional Employees that work on a seasonal basis and 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 normal duties regularly performed
41
by, or expected of, the Employee occupying the Position. The
Reclassification process may be initiated only through a request for a job
audit submitted 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, the Employee 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.
i
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 Employee who does not meet the minimum qualifications
for the Reclassified position shall be laid off.
42
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
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.
43
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
is are not entitled to a paid break unless they work at least three and one
half (3 1/2) hours during the Workday in which the break is to be taken.
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
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
during a Workday to receive an unpaid thirty (30) minute meal period
during that Workday. 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
44
subject to and possibly inconsistent with MOU's between the City and
Recognized Employee Associations. City acknowledges that, in the event is
of a conflict, the MOU shall prevail over provisions of this Section. 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:
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 by the Employee until the Employee has served six (6)
months of his /her 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)
45
Hours of Accrual
Days Accrued
Years of Continuous Service
Per Pay Period
Per Year
0 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
0 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
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 by the Employee until the Employee has served six (6)
months of his /her 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)
45
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
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
46
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. An Employee requesting Flex Leave
to cover unanticipated absences shall notify his /her Department by phone as
soon as possible after the need for the absence becomes apparent and at
least one -half ('/2) hour prior to the Employee's normal time to report for work.
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:
Years of Service
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
Hours of Accrual
Days
accrued
Per Pay Period
Per Year
3.38
11
3.99
13
4.61
15
5.22
17
5.84
19
6.46
21
7.07
23
For Employees working other than eighty (80) hours per pay period,
Vacation Leave shall be earned on a pro -rata basis with forty (40) hours
as the denominator and the Employee's normal Work Period as the
numerator.
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
47
• the Employee agrees to use all Vacation Leave in excess of the accrual
cap within ninety (90) Days after the Employee has reached the accrual
cap.
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.
3. Exposure to a contagious disease when quarantine is imposed by
health authorities or when a Physician determines that the
presence of the Employee on duty would endanger the health of
the Employee or others.
4. A physical condition that, 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.
:IJ
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:
Years of Service Hours of Accrual
Days Accrued
Per Pay Period
Per Year
0 — 1 year 1.85
6
1 — 2 years 2.31
7.5
2 — 3 years 2.77
9
3 — 4 years 3.23
10.5
4 and over 3.69
12
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 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 Workdays, 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 no
later than one -half (Y2) hour before the Employee's normal time to report
for work. Department Directors may establish specific rules and
procedures for requesting Sick Leave that are consistent with this Manual. •
A Regular Full Time Employee requesting Sick Leave for medical
49
. 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.
I. 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
Less than 10
10 but less than 15
15 but less than 20
20 or more
Percentage of Accrued Sick Leave Paid
None
25.0%
37.5%
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 to do so from the
Regular Full Time Employee 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
50
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
July 4
Labor Day
1st Monday in September
Veterans' Day
November 11
Thanksgiving Day
4th Thursday in November
Day After Thanksgiving
Friday following Thanksgiving
Christmas Eve
Last Half of Working Day
Christmas Day
December 25
New Year's Eve
Last Half of Working Day
New Year's Day
January 1
President's Day
Memorial Day
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
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. The City Council or City Manager may establish
additional holidays for certain Employees if necessary to ensure parity between
those Employees and Employees covered by an MOU.
11.5 Jury Duty and Witness Leave
A. Jury Duty. Regular Full Time Employees, Probationary Employees and
Regular Part Time Employees shall not be disciplined or subject to any
discrimination 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 for a period of up to sixty (60) days so
long as his /her presence is legally required.. 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
51
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
as a juror during the time the Employee receives his /her Base Rate of Pay
and benefits pursuant to this Section. An Employee who is released by
the court from jury duty on any regularly scheduled Workday shall contact
his /her Supervisor to find out when 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 the full text of which is found 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
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
52
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 Administrative 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 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.
53
Ol These benefits include medical care, temporary disability, permanent
disability, vocational rehabilitation and survivor benefits.
E
B. In the event that any Regular Full -Time Employee or Probationary
Employee is absent from work as a result of any injury or illness that
comes under the State of California Workers Compensation Law, the
absence shall be considered to be Industrial Accident Leave (IAL).
C. Any Regular Full Time Employee and any Probationary Employee on
Industrial Accident Leave shall receive temporary total disability (TTD)
compensation mandated by the Workers Compensation Laws of 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.
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 Employee or 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, the
absence shall be considered as temporary total disability (TTD) and that
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.
54
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 attain satisfactory job
performance. The level of discipline should reflect the objective (punishment
and/or ensure satisfactory 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.
Disciplinary actions are considered confidential. Participation in or knowledge of
the matters under consideration in a disciplinary action shall be limited to those
Department personnel who have a legitimate business reason for being involved.
Information obtained pursuant to any disciplinary investigation, process or
hearing will only be disclosed to those City officials and agents who have
legitimate business need for the information, or as required by law.
12.1 Grounds for Disciplinary Action !
Each of the following may 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 — the 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 0
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. 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; (3) disciplinary suspension;
(4) disciplinary transfer or reassignment; (5) the temporary or permanent
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 Counseling
Counseling or discussions between a Supervisor and an Employee regarding a
minor performance problem does not constitute discipline. A Supervisor should
have a discussion with an Employee to clarify expectations and resolve problems
in performance as soon as possible. The counseling or discussion 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,
during 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 performance in response to counseling 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 actor omission that 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 ten (10) calendar 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 improve an Employee's performance of his /her
normal duties to a "satisfactory" level, 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 performance of
the Employee's normal duties to a satisfactory level 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.
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, when misconduct is sufficiently serious, or when the
Employee does not possess the minimum qualifications for his/her 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.)
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• 12.10 Documentation of Disciplinary Action
All disciplinary actions should be documented. If the action taken is a written
reprimand, 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 but the signature is for the purpose
of acknowledgement only and does not indicate the Employee's concurrence
with the proposed action. An Employee's 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
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 shall make every effort to schedule the interview
during normal working hours and consider any requests regarding scheduling.
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. This section establishes the procedures that must
be followed before and /or after the imposing a disciplinary suspension, a
reduction in pay, leave or Salary Step, a Demotion, or a Discharge on a
Regular Employee.
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 may 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 (for example, a
Probationary Safety Employee may be entitled to a "name clearing
hearing if he/she is terminated for allegedly stealing property from the
evidence locker or falsifying a police report). 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.
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 an
Employee at least seven (7) Days prior written notice of intent to impose a
demotion or a suspension of more than (3) Workday(s), or an equivalent
reduction in pay, leave or Salary Step. The Department Director may, but
is not required, to give an Employee prior written notice of intent to impose .
a suspension of three (3) Days or less or the equivalent reduction in pay,
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. leave or Salary Step. The Department Director is required to give a
Regular Employee at least seven (7) Days prior written notice of intent to
Discharge a Regular Employee. The notice of intent shall be personally
delivered to the Employee or sent by certified mail to the Employee's last
known address. Any notice of intent required by this Section 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 a notice of intent, orally or in writing, within seven (7) Days
after the Notice of Intent is personally served or the date on which the
notice of intent was deposited in the U.S. mail with first class postage
prepaid. 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 up to
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) 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, regular and certified mail
and shall advise the Employee of his /her right of appeal.
B. Civil Service Employees. Civil Service Employees 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
() An Employee may appeal the decision of the Human Resources Director or
the City Manager, as appropriate, imposing any demotion, suspension or any
reduction in pay, Salary Step or accrued paid leave. A Regular Employee may
appeal the decision of the Human Resources Director or City Manager
discharging that Employee. An appeal shall be filed by serving a Notice of
Appeal on the Secretary 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 for a final
decision.
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,
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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. The decision of the City Manager shall be supported
by substantial evidence in the record of the hearing.
13.6 Preparation
An Employee shall not be considered on duty while researching, writing or
preparing an appeal of 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. Grievances are considered confidential. Participation
in or knowledge of the matters under consideration in a grievance shall be limited
to those Department personnel who have a legitimate business reason for being
involved. Information obtained pursuant to this procedure will only be disclosed
to those City officials and agents who have legitimate business need for the
information, or as required by law.
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..
B. Written reprimands and counseling.
C. Management of the City generally and issues of City or Department
policy.
D. Necessity and organization of any service or activity conducted by the City
including the expansion or reduction of services or workforce.
E. Determination of the nature, manner, means, technology, and extent of
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services to be provided to the public.
F. Methods of financing.
G. Types of equipment or technology to be used.
H. Determination of and /or change in facilities, methods, technology, means
and size of the workforce by which City operations are to be conducted.
I. 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.
J. Establishment and approved modifications of job Classifications, or
Reclassifications.
K. Establishment, implementation, and modification of Departmental
structure, supervisory assignments, chain of command, and reporting
responsibilities.
L. 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.
14.2 Freedom from Reprisal
No Employee shall be subject to any retaliation, harassment, discipline or other
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.
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• 14.5 Withdrawal
Any grievance petition may be withdrawn, without prejudice, by the Employee or
Employee's Association at any time.
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. An Employee shall not research, write or
prepare a grievance or disciplinary appeal during normal working hours except
during breaks and meal periods. An Employee and, when applicable, one
Employee representative shall be entitled to release time to appear at formal
grievance or disciplinary appeals before his /her immediate supervisor,
• Department Director, City Manager or the Civil Service Board if the hearing is
scheduled during regularly scheduled working hours. For purposes of this
Section release time shall be considered "hours worked" if the time falls within
the Employee's normal Workday.
14.8 Miscellaneous
An Employee is required to comply with all lawful direct orders of his /her
Supervisor as a condition to filing a grievance. An Employee may, as part of the
grievance or any related disciplinary proceeding, challenge the validity of the
order. An order that requires an Employee to perform an act that could subject
him /her to an unreasonable risk of injury in light of his /her normal duties shall not
be considered a lawful order.
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.
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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) 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, the facts upon which the grievance is based,
the rule, regulation or policy the interpretation of which is involved in the
grievance, and the specific remedy or remedies sought by the grievant. The
Department Director should render a written decision within ten (10) 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) 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 conducting a .
grievance hearing. 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
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.
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• 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).
D. "Series" shall mean two or more Classifications within a Department
which require the performance of similar duties with the higher ranking
Classifications) 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
m
Employee Association.
E. "Bumping rights, bumping or bump" shall mean either (1) the right of
an Employee, based upon seniority within a Series, to bump into a lower
ranking Classification within the same Series; or (2) the right of an
Employee to bump into a Classification within a different Series. The right
of an Employee to bump into a Classification in a different Series 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.
0
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
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
any available bumping 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.
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0 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 two (2) 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 City
property and in their own pursuits, when the Employee is (i) available to
be called back to work on short notice if the need arises; (ii) subject to
contact by telephone or pager; (ii) the Employee must remain within a
specified distance from the Employee's workstation; and (iv) the
Employee may not engage in activities that could impair his /her ability to
perform his /her normal duties.
B. Compensation. When an Employee is directed to be on -call during a
specified period, the on -call time shall be compensated at the rate of one
(1) hour of overtime for each eight (8) hours of on -call time. On -call time
on holidays shall be compensated at the rate of two (2) hours of overtime
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
. Duty /Pay shall apply for the time the Employee is on duty.
16.1 Call Back Duty/Pay 0
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 Duty /Pay.
B. Compensation. An Employee on Call Back Duty /Pay shall be paid for
two (2) hours, or one and one -half (1 -1/2) times the hours worked,
whichever is greater.
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i�
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 unlawful harassment from occurring. The City will
not tolerate unlawful harassment or unlawful 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. The City
has adopted this "Unlawful Discrimination and Harassment Policy" (Policy) to comply
with State and Federal law and to protect all Employees from unlawful sexual
harassment and unlawful discrimination. All unlawful harassment and unlawful
discrimination is prohibited. This 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 laws consider sexual harassment to be one form of unlawful
harassment. 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.
The definition of sexual harassment includes many forms of offensive behavior. The
following is a partial list of prohibited conduct:
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
I . Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
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.
It is unlawful for male Employees to sexually harass female Employees or other
male Employees, and for female Employees to sexually harass male Employees
or other female Employees. Harassment on the job is unlawful whether it
involves co- worker harassment, harassment by a supervisor or manager, or
harassment by persons doing business with or for the City.
Section 3. Preventing Unlawful Discrimination and Unlawful Harassment
Complaint Procedure:
A. An Employee who believes he /she has been unlawfully harassed or
discriminated against based on their Employment with the City, shall provide a
written or verbal complaint to (Complaint) his /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
Complaints to the Human Resources Director.
B. The City will 'investigate all incidents of unlawful harassment or discrimination
that are reported. 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 harassment or
discrimination, discuss the incident, obtain any relevant information,
confirm that an investigation will be initiated and advise the Employee(s)
APPENDIX A OF EMPLOYEE MANUAL
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to report any possible retaliation;
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. City will take effective disciplinary or remedial action as warranted, up to and
including termination if the City determines that unlawful harassment or unlawful
discrimination has occurred.
D. Clients, independent contractors, vendors, or others doing business with the City
shall be required to use the Complaint procedure outlined in this Policy for any
. claim of unlawful harassment or unlawful discrimination.
Section 4. Retaliation
In accordance with applicable law, this Policy prohibits any retaliatory adverse
employment action (retaliation) against any person for filing a Complaint about conduct
that the person reasonably believes constitutes unlawful employment harassment or
discrimination. This Policy also prohibits retaliation against any person because of
his /her participation in an investigation, proceeding or hearing related to a violation of
this Policy. Any Complaint alleging retaliation in violation of this Policy, and any related
communication, is protected provided that the Complaint communication is made with a
reasonable good faith belief that a violation of this Policy has occurred. Any Complaint
of retaliation shall be processed in the same manner as a Complaint alleging sexual
harassment or discrimination. The City will promptly, thoroughly and objectively
investigate 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:
APPENDIX A OF EMPLOYEE MANUAL
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A. To promptly file a written report of any unlawful discrimination or harassment with
the Department Director and Human Resources Director whenever the
Supervisor receives information about an incident that he /she knows or should
have known, could constitute unlawful discrimination or harassment. The report
shall be filed even if the Employee(s) who experience(s) 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 Supervisor's 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 that 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 unlawful harassment or retaliation, 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 8. Employee's Rights
The goal of this Policy is to identify and prevent unlawful discrimination or harassment.
If problems and /or concerns arise, Employees are urged to make use of the process
described 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
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•
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.
APPENDIX A OF EMPLOYEE MANUAL
5
APPENDIX
CITY OF NEWPORT BEACH
DRUG AND ALCOHOL POLICY is
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. An Employee performing his /her normal or assigned duties while
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. 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. 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 the City Manager, Human Resources Director, the
Department Director and the Supervisor designated by the Department Director to
implement any action necessary or appropriate pursuant to this Policy. Except for the
Department Director and Human Resources Director, the information described in this
Section shall be disclosed only as necessary to initiate disciplinary action or resolve
legal issues. The Employees authorized to receive the information described in this
Section shall consider all such information, including test results, to be confidential and 01 not to be disclosed to any person or position other than as expressly provided in this
APPENDIX B OF EMPLOYEE MANUAL
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Policy. Any reports or test results generated pursuant to this Policy shall be kept in a
confidential file, accessible only by those authorized to receive the information, and
separate and distinct from the Employee's personnel file.
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 all as specified and defined in 49 CFR Part
40.
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
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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.
G. "Medical Review Officer (MRO)" shall mean a licensed physician with knowledge
of drug abuse disorders as well as appropriate training to interpret and evaluate
an employee's positive test results together with an employee's medical history
and any other biomedical information. 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
thirty -six (36) months from the date Employee tested positive.
The MRO shall be the following physician unless an alternative is authorized
pursuant to the procedure specified below: .
Murray I. Lappe, M.D.
23015 Del Lago Drive
Suite D2 -181
Laguna Hills, CA 92653
(714) 472 -0645
Within fifteen (15) days after the adoption of this Policy, the Human Resources
Director shall provide all Recognized Employee Associations with information
regarding the MRO that confirms his qualifications to act as the MRO. Within
sixty (60) days after the adoption of this Policy, the Human Resource Director
shall provide all Recognized Employee Associations the names and
qualifications, of three possible alternative and /or supplemental MROs and will
accept the names of other possible alternative or supplemental MROs from any
Recognized Employee Association. The Human Resources Director shall, within
ninety (90) days after the adoption of this policy, meet and consult with the any
Recognized Employee Association relative to the designation of the MRO and
the designation of any alternative or supplemental MRO's.
H. "Prescription Drug" shall mean any substance that can lawfully be obtained or
possessed pursuant to a prescription by a licensed physician.
APPENDIX B OF EMPLOYEE MANUAL
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I. "Positive Test" shall mean to have the presence of a drug or a drug metabolite
and/or alcohol in a person's system that is equal to or greater than the levels
allowed by this Policy in the confirmation test as determined by appropriate
testing of a blood or urine specimen 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
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 8. 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.
APPENDIX B OF EMPLOYEE MANUAL
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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, in the case of prescription drugs, ask the prescribing physician and /or,
in the case of medication available over - the - counter, review product packaging, 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. Any Employee taking any over - the - counter medication or prescription drug
marked "do not drive,' "do not operate heavy equipment" or similarly labeled, shall inform
the appropriate Supervisor of the use of the medication or drug prior to reporting for duty.
In the case of prescription drugs, the Supervisor shall determine whether the employee
may work full duty or light duty based on the written opinion of the employee's medical
provider that the use of the medication may impair the employee's ability to perform
specific duties. The Supervisor may, upon a determination that the employee is unable to
safely perform his or her normal duties, or a modified work assignment is not available,
direct the employee not to work and to return home on paid leave or industrial leave if
appropriate. In the event the employee's personal medical provider provides a written
opinion that the use of the drug or medication will not impair the employee's ability to
perform his /her normal duties, the Supervisor shall allow the employee to perform those
duties. Notices or communications required by this Section shall be confidential and
disclosed only to the Supervisor and the other Employees specifically authorized to
receive information pursuant to this Policy. Nothing in this section shall constitute, or be
construed as, a waiver of the employee's rights under State or Federal law.
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. In such event the applicant 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:
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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 trained Supervisor (for purposes of this Section the term trained
Supervisor means a Supervisor who has received the training specified in
49 CFR Part 40 or the equivalent) has reasonable suspicion to believe,
based upon specific and articulable facts and observations that the
Employee may be under the influence of drugs and /or alcohol. Exhibit C.
3. When a trained Supervisor has reasonable suspicion to believe, based
upon specific and 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.
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 the
testing procedures in Exhibit C. The Human Resources Director will be
responsible for reviewing all disciplinary actions resulting from violations of
this Policy to ensure that the action proposed or taken is consistent with
this Policy and the Manual.
2. The DPM shall be responsible for the following:
i. Communications directly with the MRO and/or SAP and SAMHSA
regarding any drug and /or alcohol tests;
ii. Overseeing testing programs;
0 iii. Providing training to Supervisors and Employees;
APPENDIX B OF EMPLOYEE MANUAL
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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 is deemed prudent to ensure the safety of the
public and Employees. Should the Supervisor have reasonable suspicion
to believe, based upon specific and 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 and after appropriate notice and a final decision
after any hearing on appeal, administrative leave may be reversed and
the lost time may be charged against the Employee's leave bank and /or
leave without pay.
2. Acknowledgement - 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 acknowledgment of the person being tested. (Exhibit
B.) 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 required by this Policy.
3. Collection Integrity and Identification
A. After the employee has been advised about the reason for the test by
the Supervisor, the employee will be properly identified and Collection
Site personnel will explain the mechanics of the collection process.
B. Procedures 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.
4. Chain of Custody
A. Procedures for the storage and transportation of test specimens shall
conform to the Mandatory Guidelines for Federal Workplace Drug
Testing Programs promulgated by the Department of Health and
Human Services as amended from time to time. These guidelines
currently require that: 0
APPENDIX B OF EMPLOYEE MANUAL
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(i) Specimen bottles shall be under the direct control of
collection site personnel.
• (ii) Specimen bottles shall be identified only by the Specimen
Identification Number.
(iii) The City shall prepare no writings about the contents of the
specimen bottles or the employee identities.
B. The test laboratory shall maintain custody of the specimens.
5. 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.
6. 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.
7. 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
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
APPENDIX B OF EMPLOYEE MANUAL
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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
conduct 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 Disclosure — The City encourages any Employee with a drug and /or
alcohol problem to voluntarily disclose the problem to the DPM who shall refer
the employee to the Employee Assistance Program (EAP). An Employee
requesting this assistance will not be disciplined solely due to the request but
may, with the 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. An employee's voluntary disclosure of a substance or alcohol
abuse problem will not terminate any investigation, criminal or administrative,
initiated prior to the disclosure. An employee subject to this Policy and making a
voluntary disclosure shall receive immunity one time only during his /her
employment with the City.
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.
Section 14. Exceptions
This Policy shall not prevent a Safety Employee of the Newport Beach Police
Department from using or possessing drugs or alcohol as part of his /her official
duties and when in furtherance of the mission of the Police Department.
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EXHIBIT A
DRUG AND ALCOHOL POLICY
. REASONABLE SUSPICION EVALUATION FORM
Employee Name:
Observation Date and Time:
0
0
Location of Employee:
Location of Supervisor(s):
Others present during activities or
Incident(s) observed which give cause for reasonable suspicion:
(Factors that may be considered in combination with those listed in 1 – 6 below include: 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:
5.
71
_Confused
_Lethargic
_Lack of Coordination
Other:
Motor Skills /Balance:
_Slurred _Unconscious
Slowed Hostile /Confrontation
_Sleeping on the job
_Mood Swings _Euphoric
_Paranoid _Disoriented
_Unsteady _Swaying
_Staggering _Stumbling
_Arms Raised for Balance
Other:
Other observed Actions or Behaviors:
_Falling
_Reaching for Support
APPENDIX B OF EMPLOYEE MANUAL
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Drug and Alcohol Policy
Reasonable Suspicion Evaluation Form
Page: 2
Supervisor's Comments:
Supervisors Name
Signature: Date:
Supervisors Name:
Signature: Date:
Witness(es) Name: Date:
Signature: Date:
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/b
EXHIBIT B
DRUG AND ALCOHOL POLICY
ACKNOWLEDGEMENT OF SUBMISSION 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 (Policy). I hereby acknowledge that I am required to submit to drug
and /or alcohol testing pursuant to the Policy.
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.
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 form, I hereby acknowledge that the test results will 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 forms at the Collection Site of Testing
Laboratory..
With full understanding and knowledge of the foregoing, I hereby acknowledge my
obligation 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
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I have read the above acknowledgement and certify that I have signed this document .
with full knowledge and understanding of its contents.
SIGNATU
Date:
City and State:
APPENDIX B OF EMPLOYEE MANUAL
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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 or just preceding the Workday. If conditions permit, the
Supervisor will request the assistance of another Supervisor to observe
the actions or behavior of the employee. The Supervisor shall, prior to
testing, permit the employee to attempt to contact, and consult with, a
representative. The Supervisor should make reasonable
accommodations (defined as actions that would not, in the opinion of the
Supervisor, unreasonably delay the test, affect the reliability of the test, or
harm the safety of the employee or the public) that would allow the
employee to consult with a representative prior to the test. 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. Positive
levels for prohibited drugs are as follows:
Drug to be tested
Initial Level
Confirmation Level
Amphetamines and /or
Methamphetamines
1000 n /ml
500 n /ml
Barbituates.
300 n /ml
200 n /ml
Benzodiazepines
300 n /ml
200 n /ml
Cocaine
300 n /ml
150 n /ml
Marijuana
50 n /ml
15 n /ml
Opiates (morphine
and /or codeine)
2000 n /ml
2000 n /ml
Phencyclidine (PCP)
25 n /ml
25 n /ml
Alcohol
.02 percent
.02 percent
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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
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 thirty -six (36) 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;
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2. The Employee does not supply enough quantity of either urine or blood
(for alcohol or drug testing) without sufficient or valid medical explanation;
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.
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APPENDIX C 0
CITY OF NEWPORT BEACH
COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY
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.
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iF. 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. General Policy
Employees should 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 might 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
Internet 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. .
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 Employee'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.
To prevent computer viruses from being transmitted through the Communications
. Equipment, Employees are not authorized to download any software onto their
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computer or any drive in that computer. Employees interested in obtaining software are
required to contact the City's MIS 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. 40
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
through the communications system in the following circumstances and for the following
purposes:
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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
system, 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.
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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.
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. 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.
Employee Signature
•
Dated:
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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
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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
Is 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:
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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
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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.
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APPENDIX E 0
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. 0
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. 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.
0
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 another's 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.
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of NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
'01 DEC -6 P2 :47December 6, 2001
OFFICE OF _ "E C'TY OLE-Po
C!T` Or' "-4VF sl\T Di A C I I
TO: Honorable Mayor, Members of the City Council
FROM: Civil Service Commission
SUBJECT: EMPLOYEE POLICY MANUAL
During the October 23`d Study Session the Commission reached
understanding and agreement with Staff as to the need for revision
of the language on the four major issues raised by the Commission.
The revised language of each of those issues is incorporated in the
final and approved Manual now before you for adoption.
There remained thereafter consideration of some ten Sections of
remaining discretionary issues of lesser import, all of which have
likewise been resolved. The resulting revisions of those issues are
likewise incorporated in the final document
The Commission accordingly recommends without reservation the
adoption of the Employee Policy Manual by the Council at this time.
Res a ly a,
Robert A. Foster, Chair
cc. City Manager
Human Resources Director
City Attorney
City Clerk
3300 Newport Boulevard, Newport Beach