HomeMy WebLinkAbout2022-73 - Adopting a Revised Employee Policy ManualRESOLUTION NO. 2022-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
REVISED EMPLOYEE POLICY MANUAL
WHEREAS, Section 2.28.020 (Uniform Personnel Policies) of the Newport Beach
Municipal Code ("NBMC") provides that, upon the recommendation of the City Manager,
the City Council of the City of Newport Beach ("City") shall adopt by resolution, uniform
personnel policies for City employees relating to classification, compensation, leaves of
absence and other conditions of employment;
WHEREAS, on December 11, 2001, the City Council, via Resolution No. 2001-
100, adopted a comprehensive Employee Policy Manual, including related Appendices
and Exhibits (collectively ("EPM")), which incorporated existing, revised and new policies
into a system of uniform and equitable personnel rules and procedures, based on
principals of fairness and merit to improve the work environment, the quality of personnel
administration and enhance the City's ability to deliver efficient and effective public
services;
WHEREAS, since the adoption of the EPM, the City Council, upon
recommendation of the City Manager, has, from time to time, after meeting and conferring
with the employee associations, adopted modifications to the EPM to comply with
changes in state and federal law and to allow the City to continue to provide high quality
municipal services at the least cost to the taxpayers;
WHEREAS, to continue to comply with state and federal law, including Labor
Code Section 12945.2 and Department of Transportation Rule 49 Code of Federal
Regulations Part 40 Section 40.307, and as a statement of its ongoing commitment
against discrimination and harassment, the City Council desires to adopt a revised EPM;
WHEREAS, the Human Resources Director has met and conferred in good faith
with all the employee associations relative to the provisions in the EPM, which constitute
new or revised policies/practices that relate to subjects within the scope of representation,
and
WHEREAS, the City Manager has reviewed the modifications to the EPM and is
recommending that the City Council adopt the revised EPM.
Resolution No. 2022-73
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve and adopt the Employee
Policy Manual, including Appendices, all as set forth in Attachment A, which is
incorporated herein by this reference. All prior versions of the Employee Police Manual,
including Appendices and Exhibits thereto, are hereby repealed.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-73
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of October, 2022.
ATTEST:
d4�;-Avx"
Leilani I. Brown
City Clerk
v
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Kevin Mu
Mayor/
Attachment(s): Attachment A — City of Newport Beach Employee Policy Manual
k�
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.
Disclaimer.- All previous versions of the Employee Policy Manual are hereby revoked.
For clarification of any contradictory information or interpretation, please contact
Human Resources.
TABLE OF CONTENTS
SECTION TITLE
SECTION 1 GENERAL PROVISIONS
PAGE
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
Severability.........................................................................3
1.7
Department Procedures.....................................................
4
SECTION 2
DEFINITIONS
4
2.0
Definition of Words and Terms..........................................4
2.1
Construction.....................................................................11
SECTION 3
STANDARDS AND PRACTICES
11
3.0
Basic Principles................................................................11
3.1
Fair Employment Practices..............................................12
3.2
Discrimination and Harassment......................................12
3.3
Political Activities.............................................................13
3.4
Conflicts of Interest .................................................
14
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................................................................
20
3.16
Qualifications....................................................................20
3.17
Disaster Service Workers ................................................
20
SECTION 4
ADMINISTRATION OF THE PERSONNEL SYSTEM
21
4.0
City Manager's Duties ......................................................
21
4.1
Supervisor's Duties.............................................................
21
4.2
Open Door Policy................................................................
22
4.3
Employees Records and Files ...........................................
22
4.4
Classification Plan ....................................................
24
4.5
New Positions......................................................................
24
4.6
Compensation Plan..........................................................
24
Latest Revision 10/25/2022
SECTION 5
RECRUITMENT AND SELECTION
24
5.0
Goals..................................................................................
24
5.1
Recruitment.......................................................................
25
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................................................30
6.3
Nepotism Policy................................................................30
6.4
Fingerprinting and Background Checks ........................31
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.......................................................32
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
34
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......................................................... 36
8.3 Training and Travel Reimbursement...............................36
8.4 Tuition Reimbursement....................................................37
Latest Revision 10/25/2022
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..............................42
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
45
11.0
Flex Leave.........................................................................45
11.1
Vacation Leave..................................................................47
11.2
Sick Leave........................................................................48
11.3
Bereavement Leave..........................................................
51
11.4
Holiday Leave...................................................................51
11.5
Jury Duty and Witness Leave..........................................52
11.6
Family and Medical Leave................................................52
11.7
Leave of Absence Without Pay ........................................
53
11.8
Special Paid Leave...........................................................
53
11.9
Military Leave....................................................................53
11.10
Administrative Leave........................................................53
11.11
Voting Leave.....................................................................
54
11.12
Workers' Compensation Benefits and
Industrial Accident Leave ...................................................
54
SECTION 12
DISCIPLINARY ACTIONS
55
12.0
General Principles............................................................ 55
12.1
Grounds for Disciplinary Action......................................55
12.2
Definition of Certain Disciplinary Action ........................
56
12.3
Counseling.......................................................................56
12.4
Written Reprimand............................................................57
12.5
Performance Improvement Program (PIP) .....................57
12.6
Disciplinary Suspension ..................................................
57
12.7
Demotion...........................................................................
57
12.8
Discharge..........................................................................
58
12.9
Resignation - An Alternative to Disciplinary Action .....
58
12.10
Documentation of Disciplinary Action ............................58
12.11
Employee Representation................................................58
III Latest Revision 10/25/2022
SECTION 13
DISCIPLINARY PROCEDURES
59
13.0
Disciplinary Procedures...................................................59
13.1
Administrative Suspensions...........................................59
13.2
Skelly Procedure/Due Process........................................60
13.3
Appeal of Department Director's Decision.....................61
13.4
Appeal to Civil Service Board..........................................61
13.5
Final Decision...................................................................62
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....................................................................64
14.4
Resolution.........................................................................
64
14.5
Withdrawal........................................................................
64
14.6
Resubmission...................................................................64
14.7
Employee Representation................................................64
14.8
Miscellaneous...................................................................
64
14.9
Grievance Procedure — Step 1.........................................65
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
APPENDICES
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 Latest Revision 10/25/2022
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") Government Code Section 3500 et seq. 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
Latest Revision 10-25-2022
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 Employees generally
(as opposed to Regular Full Time Employee for example).
2
Latest Revision 10-25-2022
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. Except as
expressly provided in Subsection B, 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 amendment to any State or Federal
law, rule or regulation, or a ruling of a court of competent jurisdiction that is
binding on the City. 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 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
Latest Revision 10-25-2022
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 their
review and approval before they become effective. The City shall meet and confer
in good faith with respect, and prior, to the adoption of any Department rule or
procedure that relates to matters within the scope of representation. This Manual
does not affect, alter or supercede any existing Memoranda of Understanding or
Department Policy in effect as of date of adoption provided the policy does not
conflict with provisions of 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 their 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 their 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.
G. Classification shall mean those Positions sufficiently similar in duties,
4
Latest Revision 10-25-2022
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.
I 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 their then current Classification to another Classification having a lower
Base Rate of Pay or to a lower Step in their 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, suspension, transfer, reassignment, written
reprimand, 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.
Q. Discharge shall mean the involuntary separation of an Employee.
R. Employee shall mean a person occupying a Position identified in the
5
Latest Revision 10-25-2022
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
their Probationary Period.
2. Regular Part Time Employee shall mean an Employee who has
been appointed to a Regular Part Time Position and has completed
their 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 their 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 Fair Labor Standards Act ("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.
6
Latest Revision 10-25-2022
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 their 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 final budget
for the ensuing fiscal year.
7
Latest Revision 10-25-2022
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 their fitness for, and ability to perform
the duties of, the Position. A Regular Employee is considered to be "on
Probation" during their 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. Recruitment shall mean the process of attracting qualified persons to
participate in a selection process for an Appointment to a Position in a
Classification or employment.
GG. 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.
HH. Resignation shall mean an Employee's voluntary Separation.
8
Latest Revision 10-25-2022
II. 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.
JJ. 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.
KK. Separation shall mean the termination of an Employee's employment with
the City for any reason.
LL. Step shall mean one of the Base Rate of Pay increments within the Salary
Range for any Classification.
MM. Step Increase shall mean a decision that an Employee's performance
merits a change from their current Step to the next Step or a higher Step in
the Salary Range established for their Classification.
NN. Supervisor shall mean any Regular Employee with the responsibility for
making decisions (using their 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.
00. Suspension shall mean a directive that an Employee not receive
compensation for, and not perform, their normal duties during a defined
period of time when he/she would otherwise be scheduled to work.
PP. 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.
QQ. Vacancy shall mean an authorized Position for which funds are available
that is not occupied by a Regular Employee or a Probationary Employee.
9
Latest Revision 10-25-2022
RR. Work Period shall mean the standard Work Period for each non-exempt
Employee Classification within a Department as established by the
Department Director. As a general rule the standard Work Period is a fixed
regularly recurring period of seven (7) consecutive 24-hour periods
beginning midnight on Saturday. However the needs of the City and the
desires of Employees differ greatly among various departments and
schedules may be adjusted accordingly. The Department Director may
establish different Work Periods for different Employees or Classifications.
Work Periods must be fixed, in advance, and, once established, can only
be changed when the change is intended to be permanent or address
seasonal fluctuations in workload and timing. Work Periods 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 Monday is taken off. This schedule allows for 8 nine hour
Workdays, 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.
SS. Workday shall mean the number of hours an Employee is scheduled to
work during any 24-hour period.
TT. Written Reprimand shall mean a written notice of unsatisfactory
performance or misconduct given to an Employee as discipline.
UU. 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
Latest Revision 10-25-2022
2.1 Construction
For purposes of this Manual the following rules of construction shall apply:
A. The words "include" or "including" shall be construed to mean "without
limitation."
B. Unless otherwise indicated by the context or definitions, words, terms and
phrases shall have their ordinary and customary meaning.
C. The Table of Contents, Section, Subsection and Paragraph captions are for
the convenience of the reader and shall not be considered in the
construction or interpretation of this Manual.
D. The Table of Contents, Section, Subsection and Paragraph of this Manual
do not define, limit, augment, or describe the scope, content, or intent of this
Manual.
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 their 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
Latest Revision 10-25-2022
1. To be respectful, patient and fair with other Employees and members
of the public.
2. To perform their duties in a competent and efficient manner with a
commitment to providing the public and/or other Employees with the
best service possible.
3. Not to give special treatment to, or discriminate against, any person
in the performance of their duties.
Employees are not required, and are not expected, to deal with any person
who physically or verbally threatens, harasses or abuses the Employee or
another person in that Employee's presence. In such event, the Employee
shall leave the immediate area and promptly report the incident to their
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 A 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 their 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
12
Latest Revision 10-25-2022
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, their 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. -
As a member and on behalf of a Recognized Employee Organization
(or its political action committee); or
2. Through communications sent outside of their 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 their
Workday or while using City equipment.
13
Latest Revision 10-25-2022
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, the City
Charter 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 their
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 their duties or result in a higher level of service
than the donor would otherwise receive. In evaluating whether a gift
or gratuity is intended to influence performance or level of service the
Employee shall consider the nature, value and timing of the gift or
gratuity.
14
Latest Revision 10-25-2022
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 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 their full time,
attention and efforts to the performance of their assigned duties. An Employee
shall not engage in any outside employment or business activities during their
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, their ability to perform the duties, functions, or responsibilities of their 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
Latest Revision 10-25-2022
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 their 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 their 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 Employee when:
The City has obtained a search warrant; or
2. The Employee has consented to the search; or
16
Latest Revision 10-25-2022
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 (outside employment), or self-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 their 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 their Position, or
17
Latest Revision 10-25-2022
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 their 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 their 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;
18
Latest Revision 10-25-2022
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 their 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 their
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 their
supervisor, their Department Director and/or to the Human Resources
Director. All complaints will be promptly investigated. Any Employee who
fails to comply with the reporting requirements of this subsection shall be
subject to discipline up to and including termination.
19
Latest Revision 10-25-2022
3.15 Fitness for Duty
An Fmployee 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
cause to believe that the Employee may not be physically and/or mentally capable
of performing one or more of their normal duties or may be a threat to their 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 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 their Position. The
Employee shall report the change in status whenever they have 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 their 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.
20
Latest Revision 10-25-2022
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 their 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 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.
G. Recommend or impose discipline in a manner consistent with this Manual.
H. Maintain a safe, healthy and productive work environment.
21
Latest Revision 10-25-2022
I. 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 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 their
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 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 their duties such as any certificate or license
related to their 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
22
Latest Revision 10-25-2022
Employee's personnel file is limited to the City Manager and their 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 their 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 to do so 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 their personnel files or
payroll file. An Employee may obtain an additional copy of any
document in their 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.
23
Latest Revision 10-25-2022
4.4 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.
24
Latest Revision 10-25-2022
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, 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.
25
Latest Revision 10-25-2022
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 their
test result(s).
5.6 Review of Examination
An Applicant shall have the right to review their written test(s), as well as their
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 their 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.
B. Duration of Eligibility List. Eligibility Lists, other than those resulting from
a Continuous Examination, shall remain in effect for twelve (12) months or
26
Latest Revision 10-25-2022
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 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 their 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
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.
27
Latest Revision 10-25-2022
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:
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.
28
Latest Revision 10-25-2022
SECTION 6. APPOINTMENTS
6.0 Appointment Process
The Appointment process is initiated 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.
29
Latest Revision 10-25-2022
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 their 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 their 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 their 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 their 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.
30
Latest Revision 10-25-2022
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 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 their 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.
6.6 Appointments from Lists
Except for an Emergency, Interim or Acting Appointment, or a reassignment, each
vacant Position shall be filled by Transfer, Promotion, Demotion, or by
Appointment of an eligible candidate from the appropriate Eligibility List.
6.7 Emergency Appointments
To fulfill the immediate requirements of an emergency situation, the City Manager
may employ persons on a temporary basis as needed for the duration of the
emergency. The method of hiring for emergency Appointments shall be solely
within the discretion of the City Manager unless determined by ordinance or
specific provision of the Emergency Operations Plan. Emergency Appointments
shall be reported to the City Council at the next regularly scheduled meeting.
6.8 Interim Appointments
The City Manager may authorize and approve an interim Appointment to fill either
a temporary vacancy (such as maternity leave, long-term disability or military
leave) or permanent vacancy (separation or retirement). As a general rule, Interim
Appointments expire in six (6) months but may be extended an additional six (6)
months by the City Manager. All Interim Appointees must satisfy the minimum
qualifications for the Position.
31
Latest Revision 10-25-2022
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 their 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 their 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 their current Position to a vacant Position in the same Classification in the
same or different Department. An Employee who is Transferred shall retain their
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 their 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 their Probationary Period if Transferred before
completion of their 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 their 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
32
Latest Revision 10-25-2022
satisfactorily complete their Probationary Period after Promotion the Employee
shall be reinstated to their former Position at their 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 their 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 they have not completed a Probationary Period in either
Classification. A Demoted Employee shall retain their 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 their
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 their 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 their 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.
33
Latest Revision 10-25-2022
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 their 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 their 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 per section 6.14 shall have the probationary period
established by the Department Director but shall not be less than a total 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
34
Latest Revision 10-25-2022
to Appoint an Employee to Regular status at any time during the extended
Probationary Period.
7.3 Rejection of Probationer
An Employee serving their 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 their
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 their 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 their 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.
35
Latest Revision 10-25-2022
8.2 Department Training
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
or binding decisions of a court of competent jurisdiction.
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
Latest Revision 10-25-2022
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 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 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, and
reimbursement for a Regular Safety Employee shall be as specified in the
relevant Memoranda of Understanding. Reimbursement is subject to
completion of the course within any fiscal year when funds for
reimbursement are available in the Human Resources Department budget.
37
Latest Revision 10-25-2022
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.
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
their 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
Latest Revision 10-25-2022
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 their
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
their 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 their
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.
39
Latest Revision 10-25-2022
D. Employee Response. The Employee shall have an opportunity to read
and review their 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 their 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, provided
the Regular Full Time Employee's overall performance is at least
40
Latest Revision 10-25-2022
satisfactory, until such time as the Regular Employee reaches the
last Salary Step available for their 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 they
have satisfactorily completed their Probationary Period. A Regular
Employee who has been Promoted and has successfully completed
their Probationary Period is eligible for a Step increase provided their
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 their 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
Latest Revision 10-25-2022
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 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 their sole discretion. A job
audit may be requested by an Employee, their 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 their 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 their 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 their 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
Latest Revision 10-25-2022
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 their 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 their
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 their
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
43
Latest Revision 10-25-2022
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 their 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.
44
Latest Revision 10-25-2022
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
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:
Hours of Accrual
Days Accrued
Years of Continuous Service
Per Pav 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 Pav 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
their Probationary Period. Probationary Employees shall be credited with
45
Latest Revision 10-25-2022
Flex Leave in the same manner as Regular Employees after serving six (6)
months of their Probationary Period.
The Department Director may authorize an advance of up to sixty (60) hours
of Flex Leave for a Probationary Employee to use in the event he/she is
required to be absent from work due to illness during the Probationary
Period. The Department Director may also authorize an additional advance
of up to forty (40) hours of Flex Leave for a Probationary Employee to use
for any purpose during their 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 their 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
46
Latest Revision 10-25-2022
Department Director shall approve all requests for Flex Leave taking into
consideration the needs of the Department, the seniority and wishes of the
Employee and the timing of the request in relation to the date(s) on which
the Employee wishes to use Flex Leave. Flex Leave may be granted on a
quarter hour basis. Any fraction less than one -quarter hour shall be charged
as a full one -quarter hour of Flex Leave. An Employee requesting Flex
Leave to cover unanticipated absences shall notify their 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 their 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 Pav 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.
47
Latest Revision 10-25-2022
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 (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:
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
their normal duties.
5. The illness of a member of the Employee's Immediate Family.
48
Latest Revision 10-25-2022
B. Eligibility. Regular Full Time Employees hired on or before January 1,
1990 and who have elected not to enroll in the Flex Leave program shall be
entitled to earn Sick Leave. Regular Full Time Employees shall be entitled
to earn Sick Leave except during periods when the Employee is on leave of
absence without pay or a Suspension of five days or more.
C. Basis for Accrual. Regular Full Time Employees shall earn Sick Leave
based on the hours the Employee is regularly scheduled to work during a
pay period and continuous years of service. Employees scheduled to work
eighty (80) hours during a period shall earn Sick Leave in accordance with
the following schedule:
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.
49
Latest Revision 10-25-2022
F. Notification. A Regular Full Time Employee requesting Sick Leave for
unanticipated injury or illness shall notify their Department by phone as 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 their normal reporting time,
whichever is earlier.
G. Dependent Care. Regular Employees may use up to '/z 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 their 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 their fitness to perform normal duties.
Payment for Sick Leave Upon Termination. Upon Separation in good
standing a Regular Full Time Employee or their 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
their attending physician describing the nature and dates of illness.
50
Latest Revision 10-25-2022
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 their Bereavement Leave whenever a member of their Immediate Family dies
or becomes terminally ill. Bereavement Leave may not be accumulated from year
to year.
11.4 Holiday Leave
The following Days shall be observed as paid holidays for Regular Full Time
Employees. In addition, each Regular Full Time Employee shall be entitled to a
"floating holiday". Regular Full Time Employees who, by virtue of their Position or
assignment, are required to work on holidays shall receive an equal amount of Flex
Leave/Vacation Leave or an equivalent amount of pay at the discretion of the
Department Director.
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
President's Day
Memorial Day
July 4
1st Monday in September
November 11
4th Thursday in November
Friday following Thanksgiving
Last Half of Working Day
December 25
Last Half of Working Day
January 1
3rd Monday in February
Last Monday in May
When any of the holidays listed above (except the floating holiday) occur on a
Saturday, the holiday shall be observed on the preceding Friday. Holidays
occurring on a Sunday shall be observed on the following Monday. Half -day
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.
51
Latest Revision 10-25-2022
11.5 Jury Duty and Witness Leave
Q. Jury Duty. Regular Full Time, Probationary Employees and 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 their 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 their 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 their
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 during the time the Employee receives their 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 their 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 their 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 their employment with the City shall not be entitled to
compensation during their absence except to the extent required by State
law. However, the Employee may use accrued Flex Leave, Vacation Leave
or other paid leave during their 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, spouse or domestic partner. 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
Latest Revision 10-25-2022
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 their 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 their 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.
53
Latest Revision 10-25-2022
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 their 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 their Workday may request approval from their 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 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.
E. 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.
54
Latest Revision 10-25-2022
F. In the event that any Provisional Employee, Probationary 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.
G. In the event any Employee who has received or is receiving any workers
compensation benefits (industrial accident leave, medical care, etc.) files a
civil action against a third party for allegedly causing or contributing to the
cause of the injury/illness, the Employee is required to notify the Risk
Manager of the filing of such legal action.
SECTION 12. DISCIPLINARY ACTIONS
12.0 General Principles
The City's goal is to administer discipline in an equitable way with an emphasis on
progressive discipline to prevent misconduct or 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;
55
Latest Revision 10-25-2022
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
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; (2) disciplinary suspension;
(3) disciplinary transfer or reassignment; (4) the temporary or permanent reduction
in pay, accrued paid leave, or one or more Salary Steps; (5) demotion; (6)
discharge; or (7) 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.
56
Latest Revision 10-25-2022
12.4 Written Reprimand
A written reprimand may be given by a Supervisor whenever an Employee has
failed to correct their 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 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 improve an Employee's performance of their 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.
57
Latest Revision 10-25-2022
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 their Position.
12.9 Resignation — An Alternative to Disciplinary Action
An Employee may resign in lieu of disciplinary action. An Employee who resigns
forfeits their 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 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.
58
Latest Revision 10-25-2022
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 or rulings of courts of competent
jurisdiction that are binding on the City.
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
59
Latest Revision 10-25-2022
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,
leave or Salary Step. The Department Director is required to give Regular
Employees 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 their 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
60
Latest Revision 10-25-2022
(10) Days after an Employee's response, provide the Employee with written
notice of their 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 their 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 Resource 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
61
Latest Revision 10-25-2022
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 Secretary of the Civil Service Board. The City
Manager shall give written notice of their 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 and Attendance
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 their 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.
62
Latest Revision 10-25-2022
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.
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 their
immediate Supervisor, or for filing a grievance petition.
63
Latest Revision 10-25-2022
14.3 Consolidation
Grievance petitions involving the same or similar issues, filed by Employees in the
same representation unit, may be consolidated for presentation, hearing and/or
decision at the discretion of the person or board considering the petitions.
14.4 Resolution
Any grievance petition resolved at any step of the grievance procedure shall be
considered final.
14.5 Withdrawal
Any grievance petition may be withdrawn, 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 their 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 their 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 fall within the Employee's normal Work Day.
14.8 Miscellaneous
An Employee is required to comply with all lawful direct orders of their 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 their normal duties shall not be considered a
lawful order.
64
Latest Revision 10-25-2022
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) 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
65
Latest Revision 10-25-2022
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 their 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
Classification(s) characterized by the need for less supervision, more
66
Latest Revision 10-25-2022
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 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.
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 their 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,
67
Latest Revision 10-25-2022
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 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 their last known address. Any Employee shall have the right
to refuse to be placed on the Re -Employment List or the right to remove their 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 their 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 their ability to perform their normal
d uties.
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.
68
Latest Revision 10-25-2022
16.1 Call Back Duty/Pay
A. Definition. Call Back Duty/Pay means a directive to an Employee to return
to their workplace after their Workday and the Employee has left their
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.
69
Latest Revision 10-25-2022
APPENDIX A
CITY OF NEWPORT_BEACH
DISCRIMINATION AND HARASSMENT PREVENTION POLICY
Section 1. Policy Statement
The City of Newport Beach has a strong commitment to prohibiting and preventing
discrimination, harassment and retaliation in the workplace.
The Citywill take all reasonable steps to prevent discrimination, harassment and retaliation
from occurring. The City has zero tolerance for any conduct that violates this Policy.
Conduct need not rise to the level of a violation of Federal or State law to violate this Policy.
The City will not tolerate any harassment or discrimination because of, or on the basis of,
an individual's Protected Classification such as race, color, national origin, ancestry,
religious creed, physical or mental disability, medical condition, marital status, military and
veteran status, sex (including pregnancy), gender, gender identity, gender expression,
sexual orientation, age, genetic information, or any other basis protected by applicable
Federal or State laws; association with an individual who has or is perceived to have a
Protected Classification; or the perception that an individual has a Protected Classification.
Section 2. Covered Individuals and Scope of Policy
This Policy covers job applicants as well as all Employees, including provisional,
temporary and contract employees; City Council and other members of City Boards and
Commissions; and volunteers, unpaid interns or apprentices. This Policy is intended to
protect Employees, to the extent possible, from harassment by clients, vendors,
independent contractors, or others doing business with the City. As such, Employees shall
follow the procedures in this Policy as if the harasser were an Employee of the City.
Employees are likewise prohibited from harassing clients, vendors, independent
contractors, residents or anyone with whom an Employee deals with on the job. This Policy
also protects Employees from retaliation for complaining of discrimination or harassment
under this Policy.
A copy of this Policy shall be provided to all persons who are subject to it.
Section 3. Definitions
The following definitions that apply to this Policy are derived from the California Fair
Employment and Housing Act ("FEHA") and include, but are not limited to:
Discrimination means treating covered individuals differently and adversely because of
or on the basis of the individual's Protected Classification, actual or perceived; because
the individual associates with a person who is member of a Protected Classification, actual
8776641.3 NE020-059
or perceived; or because the individual participates in a Protected Activity as defined in
this Policy.
Harassment includes, but is not limited to, the following types of behavior that are taken
because of a person's actual or perceived Protected Classification: (1) Speech, such as
epithets, derogatory comments or slurs, and propositioning on the basis of a protected
classification. This includes inappropriate comments about appearance, dress, physical
features, gender identification, or race -oriented stories and jokes; (2) Physical acts, such
as assault, impeding or blocking movement, offensive touching, or physical interference
with normal work or movement. This includes pinching, grabbing, patting, or making
explicit or implied job threats or promises in return for submission to physical acts; (3)
Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to
a protected classification; and (4) Unwanted sexual advances, requests for sexual favors
and other acts of a sexual nature, where submission is made a term or condition of
employment, where submission to or rejection of the conduct is used as the basis for
employment decisions, or where the conduct is intended to or actually does unreasonably
interfere with an individual's work performance or create an intimidating, hostile, or
offensive working environment.
Protected Activity includes making a request for an accommodation for a disability; making
a request for accommodation for religious beliefs; making a complaint under this Policy;
opposing violations of this Policy; or participating in an investigation under this Policy.
Protected Classification means race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or
military and veteran status, or any other basis protected by law. This Policy prohibits
discrimination, harassment and retaliation because: (1) of an individual's protected
classification; (2) the perception that an individual has a protected classification; or (3) the
individual associates with a person who has or is perceived to have a protected
classification.
Retaliation means adverse conduct is taken against a covered individual because of the
individual's Protected Activity as defined in this Policy. "Adverse conduct" includes, but is
not limited to: (1) disciplinary action; (2) counseling; (3) taking sides because an individual
has reported harassment or discrimination; (4) spreading rumors about a complainant or
about someone who supports or assists the complainant; (5) shunning or avoiding an
individual who reports harassment or discrimination; or (6) making real or implied threats
of intimidation to prevent or deter an individual from reporting harassment or
discrimination.
Supervisor means any individual having the authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
APPENDIX A OF EMPLOYEE POLICY MANUAL
2
rev 02/19
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 4. Harassment
Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors or other visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual.
Sexual harassment includes many forms of offensive behavior.
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy.
The City considers the following conduct to represent some examples of the types of
prohibited conduct. This list is neither exhaustive nor all-inclusive.
1. Unwanted sexual advances, including verbal sexual advances, such as
propositions or requests.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Physical conduct: touching, pinching, patting, or coerced sexual conduct.
5. Visual or non-verbal conduct: whistling, leering, ogling, making suggestive or
insulting sounds, making sexual gestures, or displaying pictures, posters,
cartoons, calendars, objects, reading materials, or other materials that are sexually
suggestive, sexually demeaning, or pornographic, or possessing in the work
environment any of these materials. Production, transmission, or display of any
sexually explicit material electronically via fax, e-mail, through social media, or any
other forms of communication.
6. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually
explicit jokes, sexual innuendo and insults, comments about an employee's body
or dress.
APPENDIX A OF EMPLOYEE POLICY MANUAL
3
rev 02/19
7. Verbal abuse of a sexual nature, including graphic verbal commentary or
communications about an individual's body or sexual activities, using sexually
degrading words or names to describe an individual, or sending suggestive or
obscene letters, e-mails, texts, communication or posts via social media, notes,
invitations, or other forms of communication.
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 harassment 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.
Other conduct that has the purpose or effect of unreasonably interfering with an
Employee's work performance or working conditions on the basis of gender, pregnancy,
gender identity and gender expression may constitute prohibited sexual harassment.
Harassment (Other Than Sexual Harassment)
In addition to sexual harassment described above, harassment of Employees based on
other Protected Classifications is also expressly prohibited by this Policy.
Such harassment may include visual, verbal or physical conduct based on any Protected
Classification.
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy. Conduct
based on any Protected Classification that constitutes gratuitous sabotage or
undermining of a person's work may also be considered Harassment under this Policy.
Section 5. Discrimination
Federal and State laws consider discrimination based on an individual's Protected
Classification to be unlawful. The City considers the following conduct to represent some
examples of the types of prohibited Discrimination when based on the individual's
Protected Classification. This list is neither exhaustive nor all-inclusive.
Refusing to hire or employ a person.
2. Refusing to select a person for a training program leading to employment.
3. Treating an individual differently in compensation or in the terms, conditions or
privileges of employment.
APPENDIX A OF EMPLOYEE POLICY MANUAL
4
rev 02/19
Section 6. Retaliation
Federal and State laws consider adverse conduct based on an individual's Protected
Activity to be unlawful. The City considers the following adverse conduct to represent
some examples of the types of prohibited Retaliation when based on the individual's
Protected Activity. This list is neither exhaustive nor all-inclusive.
1. Real or implied threats of intimidation to attempt or prevent an individual from
reporting alleged wrongdoing.
2. Refusing to hire an individual because of Protected Activity.
3. Denying promotion to an individual because of Protected Activity.
4. Taking any form of disciplinary action because of Protected Activity.
5. Altering work schedules or work assignments because of Protected Activity.
Section 7. Procedure for Reporting and Processing Discrimination,
Harassment, and Retaliation Complaints
1. An Employee who believes he or she has been harassed or discriminated against
on the basis of a Protected Classification, or retaliated against on the basis of his
or her participation in a Protected Activity may provide a written or verbal complaint
("Complaint") to any Supervisor.
2. The Supervisor shall immediately notify his/her Department Director and the
Human Resources Director.
3. The Human Resources Department shall complete or delegate the following steps:
a. Notify the City Attorney of the complaint in order to initiate an investigation
of the incident.
b. Meet with the Employee(s) alleging harassment or discrimination.
c. Take reasonable steps to protect the complainant from further harassment,
discrimination and retaliation.
d. Authorize and supervise the investigation of the complaint and/or
investigate the complaint.
e. Review the factual information gathered during the investigation to
determine whether the alleged conduct violates this Policy.
f. Report a summary of the determination to the appropriate persons.
APPENDIX A OF EMPLOYEE POLICY MANUAL
5
rev 02/19
g. Ensure that appropriate disciplinary and/or corrective action is initiated and
implemented where conduct in violation of this Policy is found to have
occurred.
4. 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 harassment, discrimination, or retaliation by a City Employee.
5. Every effort will be made to assure the confidentiality of Complaints made under this
Policy to the greatest extent allowed by law. Complete confidentiality cannot occur,
however, due to the need to fully investigate and the duty to take effective remedial
action. An Employee who is interviewed during the course of an investigation is
prohibited from attempting to influence any potential witness while the investigation
is ongoing. An Employee may discuss his or her interview with a designated
representative. The City will not disclose a completed investigation report except as
it deems necessary to support a disciplinary action, to take remedial action, to
defend itself in adversarial proceedings, or to comply with the law or court order.
Section 8. Violation of Policy
Any Employee who violates any provision of this Policy is subject to discipline or remedial
action as warranted, up to and including termination.
Section 9. Personal Liability for Harassment or Retaliation
In certain circumstances, an Employee who engages in harassment and/or retaliation
may be held personally liable for monetary damages associated with prohibited conduct.
Section 10. Supervisor Responsibilities
All Supervisors are responsible for ensuring a workplace free from discrimination,
harassment, and retaliation as defined in this Policy. Supervisors shall be responsible for
the following:
Completing the training requirements for Supervisors.
2. Promptly filing a report with the Department Director and Human Resources
Director whenever the Supervisor receives information about or observes an
incident that he or she knows or reasonably suspects could constitute
discrimination, harassment, or retaliation. Any verbal report shall be followed up
by a written report documenting the incident.
3. Ensuring that appropriate action is taken in response to the Supervisor's report of
discrimination, harassment, or retaliation.
APPENDIX A OF EMPLOYEE POLICY MANUAL
6
rev 02/19
4. Ensuring that:
a. All Employees that they supervise are provided a Department of Fair
Employment and Housing (DFEH) informational pamphlet regarding sexual
harassment and retaliation prevention.
b. All Employees that they supervise attend and complete training
requirements regarding prevention of sexual harassment and retaliation.
c. All Employees that they supervise receive a copy of, and opportunity to
discuss and ask questions about this Policy.
d. Materials that violate this Policy are not circulated, presented, transmitted,
or openly displayed within the workplace.
e. All Employees they supervise are informed of their rights to report
discrimination, harassment or retaliation and of the assistance available
under this Policy.
Section 11. Employee Responsibilities
All Employees are responsible for ensuring a workplace free from discrimination and
harassment as defined in this Policy. Employees shall be responsible for completing
training requirements required by the City and by State law, and reviewing the DFEH
informational packet and this Policy.
Section 12. Employee's Rights
The goal of this Policy is to identify and prevent discrimination, harassment and
retaliation. Employees are encouraged to make use of the process described in this
Policy. However, any Employee also has the right to report discrimination, harassment
and retaliation directly to the DFEH and/or the Federal Equal Employment Opportunity
Commission ("EEOC").
Employees may contact DFEH at the following telephone number or website:
Los Angeles: (213) 439-6799
http://www.dfeh.ca.gov/
Employees may contact the EEOC at the following telephone number or website:
Los Angeles: (213) 894-1000
https://www.eeoc.gov/employees
The City maintains a posted Notice regarding harassment and discrimination at all
APPENDIX A OF EMPLOYEE POLICY MANUAL
7
rev 02/19
Employee work sites, which contains additional information about how to contact these
agencies.
Adopted by Council:
03/26/2019
APPENDIX A OF EMPLOYEE POLICY MANUAL
rev 02/19
APPENDIX B
`Q agW ART
O e�
u � i
e.�
C'9G/ P05L�`P
Drug and Alcohol Policy
SECTION 1. PURPOSE
In compliance with the Drug -Free workplace Act of 1988, 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, productive and healthful workplace. An employee performing their
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.
The City's Drug and Alcohol Policy ("Policy") is designed to promote a drug and alcohol -free
workplace and to comply with applicable state and federal laws. In recognition of the public
service responsibilities entrusted to City employees, and because drug and alcohol usage can
hinder a person's ability to perform duties safely and effectively, the following Policy on drug and
alcohol testing is hereby adopted by the City.
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 for drug and/or alcohol use.
The City provides reasonable accommodations as required by law to those employees whose
drug or alcohol problem classifies them as disabled. While the City will be supportive of those
who seek help voluntarily, the City will be equally firm in identifying and disciplining those whose
continued substance abuse, even if enrolled in counseling or rehabilitation programs, results in
performance deficiencies, danger to the health and safety of others and themselves, and/or
violations of federal or state laws and/or City policies.
SECTION 2. VIOLATION OF POLICY
The City will not tolerate or excuse any violation of this Policy. Employees who violate this
Policy will be subject to disciplinary action, up to and including termination. Applicants who
violate or refuse to cooperate with this policy will not be hired and may not be allowed to
reapply/retest in the future.
SECTION 3. INDIVIDUALS COVERED
A. External Applicants, City Employees and Independent Contractors
This Policy applies to all external applicants for employment, employees and
independent contractors of the City. A copy of this Policy will be given to all employees.
Notices of this Policy will also be posted on all departmental bulletin boards and copies are
available in the Human Resources Department.
While this Policy applies to all employees, some of the prohibitions and testing procedures
only apply to "Covered Employees," as defined below.
Employees should direct any questions regarding their rights and obligations under this
Policy to their supervisors or to the Human Resources Department.
B. Covered Employees
This Policy also applies to "Covered Employees" as defined by DOT regulations. DOT
regulations call for specific drug and alcohol testing of drivers who operate commercial
motor vehicles requiring a commercial driver's license as well as employees who perform
"safety -sensitive" functions, as defined in Section 6 . Individuals who are required to have a
commercial driver's license to operate commercial motor vehicles and those performing
"safety -sensitive" functions are considered "Covered Employees." Covered Employees are
prohibited from being under the influence of or in possession of illegal drugs, alcohol or
other controlled substances while on -duty or on -call status.
A Covered Employee is considered to be performing a safety -sensitive function during any
period in which that employee is actually performing, required to be in readiness to perform,
or immediately available to perform any safety -sensitive function, including off -site lunch
periods and breaks. An employee is no longer performing a safety -sensitive function once
he or she is relieved from work and all responsibility for performing work.
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 medical 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, resolve legal issues or related to a medical emergency of an employee, when necessary.
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 person
or position other than as expressly provided in this Policy. Any reports or test results generated
pursuant to this Policy shall be kept in a medical 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 reasonable suspicion 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.
APPENDIX B OF EMPLOYEE POLICY MANUAL
2
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 as specified and defined in 49 CFR Part 40.
Collection Sites shall include the following or as otherwise designated by the Drug
Program Manager (see definition below):
1. National Safety Compliance, Inc.
61 Argonaut
Aliso Viejo, CA, 92656
(949) 472-0645
2. Newport Urgent Care
1000 Bristol Street North, Suite 1-13
Newport Beach, CA 92660-2906
(949) 752-6300
3. After Hours/Weekend Testing:
Hoag Hospital Emergency Department
301 Newport Boulevard
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. "Covered Employee" shall mean an employee who performs safety -sensitive functions
or operates certain commercial motor vehicles or as defined by DOT Regulations.
F. "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 or health care professional. Controlled substances
are listed under Title 21 of the Code of Federal Regulations ("CFR"), Part 1308.
G. "Drug Program Manager (`DPM')" shall mean the Human Resources Director or
designee.
APPENDIX B OF EMPLOYEE POLICY MANUAL
3
H. "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. A MRO reviews all negative and positive test results and
interviews individuals who tested positive to verify the laboratory report before the
employer is notified. Furthermore, a 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 an employee tested positive.
I. "Prescription Drug" shall mean any substance that can lawfully be obtained or
possessed pursuant to a prescription by a licensed physician. "Prescription Drug" does
not include medicinal or prescribed marijuana obtained at a dispensary, even if
recommended by a licensed physician.
J. "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.
K. "Safety -Sensitive" shall mean any position in which drug or alcohol -affected
performance could clearly endanger the health and safety of others. These positions
have public safety implications, such as:
1. Driving a commercial motor vehicle;
2. Spending time in a commercial motor vehicle;
Loading or unloading a commercial motor vehicle, supervising, or assisting in the
loading or unloading, attending a commercial motor vehicle being loaded or
unloaded, remaining in readiness to operate the commercial motor vehicle or in
giving or receiving receipts for shipments loaded or unloaded;
4. Repairing, obtaining assistance, inspecting, maintaining, or attending to a
commercial motor vehicle;
5. Use of a firearm for security purposes; or
6. Use of heavy equipment.
Such positions include the following functions:
a. A greater -than -normal level of trust and responsibility for the health and safety of
others, including the public;
b. Where errors in judgment, inattentiveness, diminished coordination or dexterity or
lack of composure while performing duties could clearly result in mistakes which
would endanger the health and safety or others, including the public; and
APPENDIX B OF EMPLOYEE POLICY MANUAL
4
A level of independence when performing tasks which cannot be safely assumed
that mistakes, such as those described above, could be prevented by a
supervisor or another employee.
Employees working in "safety -sensitive" positions will be subject to pre -employment
testing as the City has determined that a special need exists and may be subject to
random, unannounced testing as permitted by this Policy and applicable law.
L. "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.
M. "Testing Laboratory" shall mean a Substance Abuse and Mental Health Services
Administration (SAMHSA) certified testing laboratory.
SECTION 7. RESTRICTIONS ON THE USE OF ALCOHOL
Employees may not use, be under the influence, or possess alcohol under any of the following
circumstances: 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 employee's 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 employee's system, unless the prescription drug has been
lawfully prescribed to the employee.
SECTION 9. PROHIBITED CONDUCT APPLICABLE TO COVERED EMPLOYEES
Additionally, the City also prohibits Covered Employees from engaging in the following conduct:
A. Reporting for duty or remaining on duty requiring the performance of safety -sensitive
functions while having an alcohol concentration level of 0.01 or greater;
B. Performing a safety -sensitive function while using alcohol or within four (4) hours after
using alcohol;
C. Using alcohol while performing a safety -sensitive function;
D. Reporting for duty or remaining on duty requiring the performance of safety -sensitive
functions when the employee has used any controlled substance, unless the use is
pursuant to the instructions of a physician who has advised the employee that the
substance does not adversely affect the employee's ability to operate a vehicle safely;
APPENDIX B OF EMPLOYEE POLICY MANUAL
5
E. Reporting for duty or remaining on duty requiring the performance of safety -sensitive
functions if the employee tests positive for any controlled substance;
F. Consuming alcohol during the eight (8) hours immediately following an accident involving
City Equipment or vehicle or before having undergone a post -accident alcohol test,
whichever occurs first;
G. Refusing to submit to any alcohol or controlled substances test required by the DOT
regulations. A Covered Employee who refuses to submit to a required drug or alcohol test
will be treated in the same manner as an employee who has tested 0.01 or greater on an
alcohol test or tested positively on a controlled substances test.
SECTION 10. CRIMINAL DRUG STATUTE 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 10 days after receiving
notice that an employee, directly engaged in performance of work on a federal contract, has been
convicted of a criminal drug statute violation resulting from conduct occurring in the workplace.
Whenever the City has reason to believe that Federal, State or local drug laws are being violated,
the City may refer the matter to the appropriate law enforcement agencies for investigation and
possible criminal prosecution.
Independent contractors, or employees of independent contractors, working on City projects are
required by law or contract to notify the City, Human Resources Director or Department Director
of a drug and/or alcohol -related conviction or positive test for drugs and/or alcohol and will not
be permitted to work on City projects.
SECTION 11. MEDICAL AND RECREATIONAL MARIJUANA
Although California law exempts use of marijuana (cannabis) by those individuals issued a
California Department of Public Health Medical Marijuana Identification Card and by adults over
the age of 21 under the Adult Use of Marijuana Act from criminal prosecution in state court,
neither of these laws affect an employer's right and obligation to maintain an illegal drug and
alcohol free workplace. Similarly, these laws do not require employers to permit or
accommodate the use, consumption, possession, transfer, display, transportation, sale, or
growth of marijuana in the workplace or affect the employer's ability to have policies prohibiting
the use of cannabis by employees and prospective employees. Marijuana remains an illegal
drug under the federal Controlled Substances Act and California laws do not prevent employers
from complying with federal law. Accordingly, employers in California can continue to enforce
workplace substance abuse policies, test for controlled substances and refuse to hire applicants
who test positive for controlled substances, even in instances where the employee or applicant
was legally using marijuana under the state's Compassionate Use Act or under the Adult Use of
Marijuana Act.
APPENDIX B OF EMPLOYEE POLICY MANUAL
6
Therefore, both medicinal use and non -medicinal recreational use of marijuana that may be
legal under state law does not constitute an acceptable explanation or excuse for a positive
drug test under this Policy and does not hinder or affect the City's ability to fail or refuse to hire
an applicant because of a positive drug test.
SECTION 12. MEDICATION REPORTING REQUIREMENTS
In the case of prescription drugs, employees shall ask the prescribing physician and/or in the case
of medication available over-the-counter, employees shall review product packaging to determine
whether the use of the prescription drug or over-the-counter medication may impair the employee's
ability to perform the employee's normal job duties or to safely operate City Equipment. Any
employee taking an 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 this
restriction. The City will engage with the employee in an interactive process meeting to determine if
the employee can perform their essential functions with or without reasonable accommodation. In
the event the employee's personal medical provider provides a written note that the use of the drug
or medication will not impair the employee's ability to perform their essential job 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 employees
outlined in Section 4 who are specifically authorized to receive information pursuant to this Policy.
SECTION 13. INDICATIONS FOR ALCOHOL AND DRUG TESTING
A. Pre -Employment Testing for Certain External Job Applicants
External job applicants who apply for certain jobs where a special need for pre-
employment drug and alcohol testing exists, 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 work with the City.
The categories of jobs subject to pre -employment drug and alcohol testing include, but
are not limited to:
Safety -sensitive jobs that have public safety implications, such as operating heavy
trucks to transport hazardous materials, protecting national security, enforcing drug
laws, and/or operating natural gas pipelines; and
2. Jobs that involve the direct influence over children.
External job applicants who:
Test positive for drugs and/or alcohol or unauthorized prescription drugs shall not be
hired and may not re -apply for the certain positions described above in Section
13.A.1 and 13.A.2 with the City for one (1) year from the applicant's last positive test;
or
2. Refuse to submit to testing, or attempt to tamper with or adulterate a test sample, will
be considered to have refused to participate in the testing process, shall not be hired
and shall not be considered for employment for the certain positions described above
in Section 13.A.1 and 13.A.2 with the City for one (1) year from the job applicant's
refusal to participate in the testing process.
APPENDIX B OF EMPLOYEE POLICY MANUAL
7
B. Reasonable Suspicion Drug and Alcohol Testing for All Employees
Reasonable suspicion drug and alcohol testing applies to all employees, not just
Covered Employees.
Reasonable Suspicion Testing: For purposes of this Policy, "Reasonable Suspicion"
is a belief based on objective factors sufficient to lead a reasonably prudent
supervisor to suspect that an employee is using or under the influence of drugs or
alcohol in violation of this Policy. Factors that may constitute reasonable suspicion
alone or in combinations, the physical symptoms of which should be documented in
writing by the supervisor as may be applicable, include, but are not limited to:
■ unusual behavior
■ slurred or altered speech
■ body odor
■ red or watery eyes
■ unkempt appearance
■ unsteady gait
■ lack of coordination
■ sleeping on the job
■ a pattern of abnormal or erratic behavior
■ a verbal or physical altercation
■ puncture marks or sores on skin
■ runny nose
■ dry mouth
■ dilated or constricted pupils
■ agitation
■ hostility
■ confused or incoherent behavior
■ paranoia
■ euphoria
■ disorientation
■ inappropriate wearing of sunglasses
• tremors
• an accident involving City property or equipment; and
other evidence of recent drug or alcohol use
2. The City may require an employee to submit to a drug and/or alcohol screen test
under the following circumstances:
a. When a supervisor has reasonable suspicion to believe that an employee is
under the influence of alcohol and/or drugs while on duty, the supervisor may
require the employee to submit to a drug and/or alcohol test, upon prior written
approval by the City Manager or designee. See Exhibit A and Exhibit C.
Covered Employees may be subject to reasonable suspicion drug testing any
time while on duty. Covered Employees may be subject to reasonable suspicion
alcohol testing while the employee is performing safety -sensitive functions, just
before the employee is to perform safety -sensitive functions, or just after the
employee has ceased performing such functions.
APPENDIX B OF EMPLOYEE POLICY MANUAL
8
Following a work -related accident, incident or mishap that resulted in death, or
injury requiring medical treatment, where drug and/or alcohol use by employee
cannot be ruled out as a contributing factor. See Exhibit A and Exhibit C.
c. When a 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. See Exhibit A and Exhibit
C.
d. For the follow-up testing of employees who hold jobs that are safety -sensitive or
require driving. Their participation in a drug and/or alcohol rehabilitation program
may be required.
■ If the drug screen is positive and the employee can provide to the laboratory
or clinic conducting the test within 24 hours a valid prescription in the
employee's name for the drug identified in the drug screen or any other
relevant medical factors necessary to determine whether there is a legitimate
medical explanation, the test results may be reported as negative.
e. 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 or
the employee 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.
3. Document and Analysis: In order to receive authority to test, the supervisor must
record the factors that support reasonable suspicion in writing and analyze the
matter with the City Manager or designee and any other experts the City deems
necessary for consultation. The City Manager or designee must pre -approve any
reasonable suspicion testing of a City employee. See Exhibit A.
4. Consent: Prior to the administration of any drug or alcohol testing, the supervisor
shall first obtain from the employee to be tested a completed and signed
"Acknowledgement of Submission to Drug and/or Alcohol Testing" form. See Exhibit
B.
5. Testing Protocol: If the documentation and analysis show that there is a reasonable
suspicion of drug or alcohol abuse at work and the City Manager or designee has
approved testing, the employee will be relieved from duty, transported to the testing
facility and to his or her home after the test. The City will place the employee on sick
or other paid leave until it receives the test results.
C. Positive Test or Refusal to Test
Employees who refuse to take a test after direction to do so, or who test positive, will be
subject to discipline, up to and including termination. A refusal to test is defined as any of
the following:
1. Not providing the City a written consent to take the test;
APPENDIX B OF EMPLOYEE POLICY MANUAL
9
2. The applicant or employee does not supply enough quantity of the laboratory -
required sample for alcohol or drug testing without sufficient or valid medical
explanation;
3. Tampering with a specimen or collection process; or
4. Tardiness reporting to Collection Site after time allocated for applicant or employee
to report without valid explanation.
D. Additional Drug and Alcohol Testing for Covered Employees
1. DOT Threshold Levels
This Policy adheres to and incorporates the minimum thresholds defined in DOT
Regulations 49 CFR Part 40 for the cut-off levels used to determine when a drug test
is positive.
2. Post -Accident Alcohol and Drug Testing for Covered Employees
A Covered Employee who is subject to post -accident testing must make themselves
readily available for the test or they will be deemed to have refused the test. For
purposes of this Policy, an accident does not include minor accidents where the
vehicle does not incur "disabling damage". "Disabling damage" means damage that
precludes a motor vehicle from driving away from the scene of the accident in its
usual manner in daylight or after simple repairs. It includes damage to a motor
vehicle that could have been driven, although it would have been further damaged if
so driven. It does not include damage that can be remedied temporarily at the scene
of the accident without special tools or parts, such as headlight or taillight damage,
damage making the turn signals, horn, or windshield wipers inoperative or tire
disablement without other damage even if no spare tire is available.
a. Post -Accident Alcohol Testing
Post -accident alcohol tests should be administered within two (2) hours following
the accident, but in no case later than eight (8) hours. If alcohol testing is not
administered within two hours following the accident, the City shall prepare and
maintain on file a record stating the reasons the test was not promptly
administered. If alcohol testing is not administered within eight hours following
the accident, the City shall cease attempts to administer an alcohol test and will
prepare and maintain on file a record stating the reasons the test was not
administered.
Following an occurrence involving a City commercial motor vehicle operating on
a public road, the City shall require post -accident alcohol testing for each of its
surviving City employees drivers and:
• Who were performing safety -sensitive functions with respect to the vehicle, if
the accident involved the loss of human life; or
Who received a citation within eight (8) hours of the occurrence for a moving
traffic violation arising from the accident, if the accident involved (a) bodily
APPENDIX B OF EMPLOYEE POLICY MANUAL
10
injury to any person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident; or (b) one or more
motor vehicles incurring disabling damage as a result of the accident
requiring the motor vehicle to be transported away from the scene by a tow
truck or other motor vehicle.
b. Post -Accident Drug Testing
If drug or controlled substance testing is not administered within thirty-two (32)
hours following an accident, the City will cease attempts to administer a drug or
controlled substance test and prepare and maintain on file a record stating the
reasons the test was not promptly administered.
Following an occurrence involving a City commercial motor vehicle operating on
a public road, the City shall require post -accident drug and controlled substances
testing for each of its surviving City employee drivers and:
• Who were performing safety -sensitive functions with respect to the vehicle, if
the accident involved the loss of human life; or
Who received a citation within thirty-two (32) hours of the occurrence for a
moving traffic violation arising from the accident, if the accident involved (a)
bodily injury to any person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident; or (b) one or more
motor vehicles incurring disabling damage as a result of the accident
requiring the motor vehicle to be transported away from the scene by a tow
truck or other motor vehicle.
3. Random Drug and Alcohol Testing for Covered Employees
Only employees performing "safety -sensitive" functions, as defined by this Policy, will
be subject to random testing throughout the year for the purpose of determining the
presence of alcohol, illegal drugs, or controlled substances. Random drug and
alcohol tests for safety -sensitive employees are unannounced and unpredictable,
and the dates for administering random tests are spread reasonably throughout the
calendar year. Random testing will be conducted at all times of the day when safety -
sensitive functions are performed.
Testing rates will meet or exceed the minimum annual percentage rate set each year
within each DOT agency. The current year testing rate can be viewed online at
http://www.dot.gov/odapc/random-testing-rates.
The selection of employees for random drug and alcohol testing will be made by a
scientifically valid method, such as a random number table or a computer -based
random number generator. Under the selection process used, each covered
employee will have an equal chance of being tested each time selections are made.
A covered employee will only be randomly tested for alcohol misuse while the
employee is performing safety -sensitive functions, just before the employee is to
perform safety -sensitive functions, or just after the employee has ceased performing
APPENDIX B OF EMPLOYEE POLICY MANUAL
11
such functions. A covered employee may be randomly tested for prohibited drug use
anytime while on duty.
Each covered employee who is notified of selection for random drug or random
alcohol testing must immediately proceed to the City's designated testing site.
Random testing may occur anytime an employee is on duty so long as the employee
is notified prior to the end of the shift. Employees who provide advance, verifiable
notice of scheduled medical or childcare commitments will be random drug tested no
later than three hours before the end of their shift and random alcohol tested no later
than 30 minutes before the end of their shift. Verifiable documentation of a previously
scheduled medical or childcare commitment, for the period immediately following an
employee's shift, must be provided within the first two (2) hours of the employee's
shift.
4. Procedure after a Positive Drug and/or Alcohol Test
If a Covered Employee holding a safety -sensitive position is not terminated after a
positive drug and/or alcohol test, the Covered Employee:
a. Must be removed from performing any safety -sensitive function;
Must submit to an examination by an SAP and may be required to undergo
treatment for alcohol or illegal drug abuse. If the Covered Employee follows a
prescribed course of rehabilitation, they may be able to return to the safety -
sensitive position after the SAP determines they have successfully completed the
program. The City is not required to pay for this treatment;
c. May not return to the former safety -sensitive position until the Covered Employee
has been:
• Evaluated by an SAP
• Complied with any recommended treatment and/or education
• Re-evaluated by an SAP, who has determined successful compliance with the
SAP's recommended treatment and/or education
• Submitted to a return -to -duty and follow-up testing for controlled substances
and/or alcohol which indicates an alcohol concentration level of less than 0.02
or a negative result on a controlled substance test;
d. Must submit to unannounced follow-up testing after the Covered Employee has
returned to the safety -sensitive position; and
e. May perform any duties for the City that are not considered "safety -sensitive
functions." This may include handling of materials exclusively in a warehouse,
regardless of whether the materials are considered hazardous as long as safety -
sensitive functions are not performed.
APPENDIX B OF EMPLOYEE POLICY MANUAL
12
NOTE: The decision to return the employee to his or her job duty functions ultimately
belongs to the City. The SAP's function is to advise the City as to whether the
employee has complied with any recommended program of treatment.
5. Return -to -Duty and Follow -Up Testing for Covered Employees
a. Return -to Duty Testing
Any Covered Employee who is allowed to return to safety -sensitive duties after
failing or refusing to submit to a DOT drug and/or alcohol test must first be
evaluated by a DOT -qualified SAP and provide a negative drug and/or alcohol
test result.
Covered Employees must submit to a return -to -duty test before returning to their
safety -sensitive duties. All testing will be conducted in accordance with 49 CFR
Part 40, Subpart O.
A positive test result will indicate the problem has not been resolved and requires
referral to the SAP for further assessment.
b. Follow -Up Testing
Any Covered Employee returning to a safety -sensitive position following leave for
substance abuse rehabilitation will be subject to unannounced follow-up alcohol
and/or drug testing for a period of one (1) to five (5) years, as directed by the
SAP. The type of testing (drug and/or alcohol), number, and frequency of such
follow-up testing shall be directed by the SAP. All testing will be conducted in
accordance with 49 CFR Part 40, Subpart O.
SECTION 14. DRUG AND ALCOHOL TESTING
A. Administration
1. The Human Resources Director or 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:
a. Communicating directly with the MRO and/or SAP and SAMHSA regarding any
drug and/or alcohol tests;
b. Overseeing test programs; and
c. Providing supervisor and employee training;
APPENDIX B OF EMPLOYEE POLICY MANUAL
13
B. Procedure
Mandatory Reporting - Any employee who has reason to believe that another
employee may be in violation of this Policy shall immediately notify their 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 immediately be removed from the workplace and placed on
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, leave with pay may be discontinued.
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 (Exhibit B) of the person being tested. 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 used to determine test results. Should an employee test positive, the costs of
any tests needed to return to work or tests required as part of follow-up testing for
Covered Employees who hold a safety -sensitive position will be paid by the Covered
Employee.
3. Collection, Integrity and Identification
a. After the job applicant or employee has been advised about the reason for the
test by the supervisor, the job applicant or employee will be properly identified,
and the 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:
• Specimen bottles shall be under the direct control of collection site personnel.
• Specimen bottles shall be identified only by the Specimen Identification
Number.
APPENDIX B OF EMPLOYEE POLICY MANUAL
14
• 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 for alcohol an evidential breath testing ("EBT") device. 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. The explanation of the use of prescription medical marijuana
is not an acceptable explanation and the MRO will report the test as a positive
test result. 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:
a. To request a split sample test to be conducted, the employee must submit a
written request on the required Chain of Custody release form provided by the
City's testing laboratory to the DER.
b. 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.
c. 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.
d. The split sample test results will not be released to the City without the
employee's written consent.
APPENDIX B OF EMPLOYEE POLICY MANUAL
15
SECTION 15. REHABILITATION
A. Voluntary Disclosure — The City encourages any employee who believe they may have a
drug and/or alcohol problem to take initiative in voluntarily seeking confidential
assistance to resolve the problem. Such employees may disclose the problem to the
Human Resources Director (or 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, or disciplinary process initiated prior to the disclosure. An employee
subject to this Policy and making a voluntary disclosure shall receive immunity one time
only during their employment with the City.
Each employee is encouraged to seek professional 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 personal paid leave or request a 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.
C. Return -to -Duty Testing — Employees returning to safety -sensitive duty following leave for
substance abuse rehabilitation may be required to submit to a return -to -duty test before
returning to their position.
SECTION 16. 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 their official job duties and when in furtherance of
the mission of the Police Department.
4/12/2021 — Amended to specify follow-up testing for Covered Employees
10/25/2022 — Amended to include legislation changes effective January 1, 2021
APPENDIX B OF EMPLOYEE POLICY MANUAL
16
EXHIBIT A
DRUG AND ALCOHOL POLICY
REASONABLE SUSPICION EVALUATION FORM
Employee Name:
Observation Date and Time:
Location of Employee:
Location of Supervisor(s):
Others present during activities or observations.-
Incident(s) observed which give cause for reasonable 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:
_Confused
_Lethargic
_Lack of Coordination
Other:
_Slurred _Unconscious
_Slowed _Hostile/Confrontation
_Sleeping on the job
_Mood Swings
_Paranoid
Motor Skills/Balance:
_Unsteady
_Staggering
_Arms Raised for Balance
Other:
Swaying
Stumbling
6. Other observed Actions or Behaviors:
Euphoric
Disoriented
_Falling
_Reaching for Support
APPENDIX B OF EMPLOYEE POLICY MANUAL
17
Drug and Alcohol Policy
Reasonable Suspicion Evaluation Form
Page: 2
Supervisor's Comments:
Supervisors Name:
Signature:
Supervisors Name:
Signature:
Witness(es) Name:
Signature:
Date:
Date:
Date:
Date:
APPENDIX B OF EMPLOYEE POLICY MANUAL
18
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, except those costs associated with return work and follow-up testing
associated with a positive test result;
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.
I have read the above acknowledgement and certify that I have signed this document
with full knowledge and understanding of its contents.
Signature:
Date:
APPENDIX B OF EMPLOYEE POLICY MANUAL
19
A.
EXHIBIT C
DRUG AND ALCOHOL POLICY
REASONABLE SUSPICION TESTING PROCEDURES
Testing Procedures
1. Drug and/or alcohol 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 is encouraged to make reasonable efforts
(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 breathalyzer, 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 B OF EMPLOYEE POLICY MANUAL
20
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.
D. Refusal to Submit to Testing
The following are definitions of refusal:
1. Not providing the City a written consent to take the test;
2. The Employee does not supply enough quantity of either urine or blood
(for alcohol or drug testing) without sufficient or valid medical explanation;
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.
February 2010
APPENDIX B OF EMPLOYEE POLICY MANUAL
21
APPENDIX C
CITY OF NEWPORT BEACH
COMMUNICATIONS EQUIPMENT AND SYSTEMS POLICY
Section 1. Introduction
The City encourages the use of City Equipment and Employee Equipment to increase
Employee productivity and improve the City's ability to provide first-class municipal
services for the least possible cost to the taxpayer. This Policy governs all City
Equipment and Employee Equipment used for City Business. Employees and other
users may be provided City Equipment or reimbursed/provided a stipend for Employee
Equipment only as authorized by the City Manager, Department Directors, IT Manager
and/or their Department IT designee, as in the Fire Department and Police Department.
The purpose of this Policy is to regulate Employee's use of City Equipment and
Employee Equipment used for City Business to maximize its use for City purposes and
minimize or eliminate liability.
Section 2. Definitions
Except where otherwise provided, the terms used in this Policy shall have the same
meaning as those provided in the City's Employee Policy Manual.
A) "City" shall mean the City of Newport Beach.
B) "City Business" as referenced in the Communications Equipment and Systems
Policy shall mean work or services provided by an Employee using Employee
Equipment on behalf of the City as part of the Employee's official work duties.
An Employee's personal use of Employee Equipment that is unrelated to the City
is specifically excluded from this definition and this Policy.
C) "City Equipment" shall mean those electronic devices owned by, or provided by
the City, including but not limited to, the Internet, email, voice -mail, text
messages, images, cellular telephones, pagers, personal digital assistants,
Smart Phone devices, computer/laptops, telecommunications devices, video and
audio equipment, wireless networks, data systems telecommunications
equipment, mobile data terminals, transmission devices, data processing or
storage systems, computer systems, servers, networks, input/output and
connecting devices, software, and documentation that supports electronic
communications services.
D) "Electronic Communications Service" means any service which provides to users
thereof the ability to transmit or receive wire or electronic communications.
APPENDIX C OF EMPLOYEE POLICY MANUAL
1
E) "Employee Equipment" shall mean those electronic devices owned by an
Employee, or a third -party, but reimbursed in whole, or in part, by the City,
including but not limited to, the Internet, E-mail, voice -mail, text messages,
images, cellular telephones, pagers, personal digital assistants, Smart Phone
devices, computer/laptops, telecommunications devices, video and audio
equipment, wireless networks, data systems telecommunications equipment,
mobile data terminals, transmission devices, data processing or storage systems,
computer systems, servers, networks, input/output and connecting devices,
software, and documentation that supports electronic communications services.
F) "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.
G) "Policy" shall mean the City's Communications Equipment and Systems Policy.
Section 3. Restrictions
The following apply to Employees while using any City Equipment or Employee
Equipment used for City Business:
A. The City's unlawful harassment, non-discrimination and conflict of interest
policies. Employees shall not transmit or receive Offensive Material. For
example, Employees are prohibited from displaying sexually suggestive images,
downloading or disseminating sexually explicit material, or transmitting images,
messages or cartoons that constitute ethnic, racial or religious slurs, unless an
Employee is required to review such material in the course and scope of their
specific job duties with PRIOR written supervisory approval.
B. Employees shall not seek personal financial gain.
C. Employees shall not infringe upon the patents, copyrights or licenses of others.
D. Employees shall not infringe upon the rights of others to proprietary, confidential
or trade secret information.
E. Employees shall not create an actual, potential or apparent conflict of interest.
F. Employees shall not transmit foul language, profanity or obscenities
G. Employees shall not 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, unless it is for a City
sponsored/authorized event.
APPENDIX C OF EMPLOYEE POLICY MANUAL
2
H. Employees shall not intentionally deprive authorized personnel access to any
City Equipment.
Employees shall not communicate confidential City information to unauthorized
individuals within or outside of the City.
J. Employees shall not transmit messages or information which is in conflict with
applicable law or City policies, rules or procedures.
K. Employees shall not attempt unauthorized access of or attempt to access
unauthorized data on any City or non -City system.
L. Employees shall not encrypt files, unless necessary or required to transmit files
for City purposes.
M. Employees shall not engage in theft or the unauthorized copying and distribution
of electronic files or data.
N. Employees shall not intentionally misrepresent one's identity for improper or
illegal acts, nor engage in unlawful activities.
O. Employees shall not engage in recreational use of City Equipment that interferes
with the ability of the Employee or other users to conduct City work. This
includes but is not limited to downloading or uploading software, games, music,
or shareware to their City Equipment. Employees are also prohibited from
downloading and using instant messenger (IM) on City Equipment, without prior
written supervisory approval and in accordance with assigned duties.
P. Employees shall not perform acts on City Equipment that are wasteful of
computing resources or that unfairly monopolize resources to the exclusion of
others. These acts include, but are not limited to: sending mass email messages
or chain letters and creating unnecessary network traffic.
Section 4. General Disclosure Statement
Employees should be aware that it is possible to recover an E-mail message or identify
a website visited even though the message is erased or the visit to a website is closed
or the history is erased. Employees should be aware that the City might be required to
disclose information or messages sent over and/or stored on City Equipment or
Employee Equipment pursuant to requests filed under the California Public Records
Act, state law, federal law, or as a result of subpoenas issued in the context of litigation
or administrative proceedings. All communications, including text, images, and other
data stored on City Equipment may be disclosed to law enforcement or other third -
parties without prior consent of, or notice to, the sender or the receiver. Consequently,
Employees should not consider voice -mail, E-mail, text messages, images, data, or
Internet communications sent or received on City Equipment to be personal, private or
APPENDIX C OF EMPLOYEE POLICY MANUAL
3
confidential. Similarly, voice -mail, E-mail, text messages, images, data, or Internet
communications sent or received on Employee Equipment for City Business are not
personal, private or confidential and may be similarly subject to disclosure.
The use of City Equipment and the use of Employee Equipment for City Business is
subject to Council Policy F-17, and applicable departmental policies and Standard
Operating Procedures (SOPs).
A. Internet Usage
Employees accessing the Internet and/or the City's own Intranet as part of their
official duties are representing the City when doing so. Accordingly, except as
otherwise provided in this Policy, all Internet communications and contacts using
City Equipment should be for professional, business reasons and should not be
for personal use. Employees are responsible for ensuring that they use their
Internet access privilege in a responsible, ethical and lawful manner, unless an
Employee is required to access the Internet in the course and scope of their
specific job duties with PRIOR written supervisory approval.
Forums and discussion groups may be used only to gain technical or analytical
advice for City purposes.
Each Employee is responsible for the content of all text, audio, images, or data
that they place or send over the Internet using City Equipment or send as City
Business on Employee Equipment. All messages communicated on the Internet
using City Equipment should include the Employee's name and 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 shall do so during non -work hours using non -City Equipment.
In some cases, electronic communications to recipients on systems outside of
the City are transmitted through systems and networks not managed by the City.
The privacy and confidentiality of these messages or data is, therefore, not
assured. In addition, some delivery methods and networks impose legal
restrictions regarding the nature of messages or data allowed. Employees are
expected to comply with all such regulations and policies. Employees using City
Equipment or Employee Equipment for City Business may create criminal and
civil liability for themselves and the City by using outside or third party systems in
an offensive, defamatory or illegal manner and in such event, Employees may be
subject to disciplinary action up to and including termination.
To prevent computer viruses or malware from being transmitted through the use
of City Equipment, Employees are not authorized to download any software onto
their computer or any drive in or connected to that computer. Employees are
prohibited from connecting personal storage devices to City Equipment.
Employees interested in obtaining software are required to contact the City's IT
APPENDIX C OF EMPLOYEE POLICY MANUAL
4
Manager or their department IT personnel. A list of authorized software can be
obtained from the City's IT Division or department IT personnel.B. E-mail\Voice
Mail\Text Message\Image\Data
E-mail, voice -mail, text messages, images, and data should always be used with
the assumption that a message can be read, seen 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 are required to maintain the highest standards of
courtesy and professionalism when sending E-mail, text messages, images,
data, or leaving voice mail messages.
The sending of a -mails on a "City-wide" basis to all Employees without the prior
written authorization of a Department Director or the IT Manager is prohibited.
Transmitting a message or data under another Employee's name or password is
prohibited, unless done for a Supervisor with written permission to do so on his
or her behalf. Any Employee who obtains a 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 the City Business must be retained in
accordance with State Law and City Council policies for retention of public
records. Unless otherwise required by law, 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, text, image, or data messages retained in City Equipment or relating
to City Business retained in Employee Equipment are subject to the same
disclosure requirements as other public records. E-mail, text, image, or data
message records will be produced in response to request from the public in the
same manner as for other public records, except that the burden to search the
Employee Equipment and turn over the requested document will be on the
Employee. An Employee that fails to assist the City in responding to a Public
Records Act request relating to City Business may be subject to discipline, up to
and including termination.
Confidential attorney/client communications with City's legal counsel or other
authorized legal counsel shall not be copied or distributed to others except as
authorized by the City Attorney.
C. Wireless Communications Devices
This Policy applies to all City Employees, departments and organizations.
Departments which use City Equipment assigned as a duty phone, or which have
City Equipment assigned to vehicles or a position instead of to individuals, may
APPENDIX C OF EMPLOYEE POLICY MANUAL
5
develop departmental policies and Standard Operating Procedures (SOPs)
and/or regulations which provide greater direction to their Employees, as long as
that direction is consistent with this Policy.
Each department will determine the need for City Equipment, including cell
phones, for City purposes or the need to provide reimbursement/stipend to an
Employee for Employee Equipment. When the need is determined, the
Department Director will send a written request to the IT Manager, or their
department IT personnel.
All Employees are disaster service workers in the event of a disaster but not all
Employees have City -issued City Equipment. Therefore, it is the responsibility of
every Employee to ensure that their correct contact information is recorded in the
City's information system. This can be done through the Employee Access
Center, their Department or Human Resources.
Employees are prohibited from forwarding their personal cell phones to City
issued City Equipment. The Department Director or designee will meet with the
responsible Employee to verify facts and usage, as necessary.
The City and its Employees will comply with California Vehicle Code Section
23123, as the same may be amended from time -to -time, which prohibits all
drivers from using a handheld wireless telephone, and "electronic communication
devices" while operating a motor vehicle. Unless a hands -free device is used,
Employees must pull to the side of the road to use a hand-held device. The City
and its Employees will comply with California Vehicle Code Section 23123.5, as
the same may be amended from time -to -time, — the California Wireless
Communications Device Law. Employees may not transmit or read text or E-mail
messages while driving or while idling in traffic. An Employee must pull to the
side of the road or no longer be operating a vehicle in order to transmit or read
text or E-mail messages. Any Employee who is cited by law enforcement will be
responsible for the payment of the associated fine and subject to discipline for
violation of this Policy.
Employee safety is a City priority, therefore, Employees who determine it is
unsafe to answer their City -issued cell phone or Employee Equipment utilizing
hands -free equipment while driving, may decline to answer until it is safe.
Employees aged 18 and over are allowed to use Blue Tooth or hands -free
earpieces while operating a motor vehicle as long as both ears are not covered.
Law enforcement can, at any time, issue a citation to an Employee if, in their
opinion, the Employee was distracted and not operating a motor vehicle safely.
Any Employee who is cited by law enforcement will be responsible for the
payment of the associated fine and subject to discipline for violation of this
Policy.
APPENDIX C OF EMPLOYEE POLICY MANUAL
6
Sworn public safety Employees are permitted limited use of City Equipment, such
as cell phones, in the course of their duties, while operating an authorized
emergency vehicle. The law provides an exception for those operating a
commercial motor truck (excluding pickups) to use a two-way radio operated by a
"push -to -talk" feature.
Section 5. No Expectation of Privacy
Employees shall have no right or expectation of privacy in E-mail, text, data, or image
messages created, transmitted, received, deleted or stored using City Equipment or City
Business conducted on Employee Equipment, including electronic communications
routed by a third party communications service provider.
All communications transmitted via City Equipment, whether or not related to personal
or confidential matters, are subject to monitoring, at the City's discretion. The City
monitors communications transmitted via City Equipment in the ordinary course of
business for purposes that include ensuring their reliability and security. The existence
of passwords and "message delete" functions do not restrict or eliminate the City's
ability or right to access electronic communications on City Equipment. The City will not
monitor personal E-mail, text, data, or image messages created, transmitted, received,
deleted or stored using Employee Equipment that is unrelated to City Business.
The City may randomly or routinely monitor or intercept electronic communications sent
or received on City Equipment (voice -mail, e-mail, text messages, images, data and
Internet access) and 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 City 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:
A. Any activity necessary to the provision of service including, without limitation, the
maintenance or repair of any City 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;
APPENDIX C OF EMPLOYEE POLICY MANUAL
7
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 6. Duplication of Software and Use of Copyrighted Materials
Software 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 install, use, copy,
alter or distribute these 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 Department
Director. City Equipment shall not be used to send (upload) or receive (download)
copyrighted materials, trade secrets, proprietary financial information, or similar
materials without prior authorization.
Section 7. 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
Department Director 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.
Section 8. Installation of Software
The integrity of City Equipment is vital to the City's operations. Employees may not
download or install any program onto City Equipment without the express consent of
their Department Director and the IT Division Manager. When in doubt, Employees
must seek permission prior to taking any action that could jeopardize the integrity of City
Equipment.
Section 9. Personal Use
Employees who are required to be available for City work continuously or outside of
their regularly scheduled hours, may be authorized to utilize their City Equipment for
personal use. Examples of such positions are those at the Department Director level
and certain safety positions. The appropriate mix of personal/business cell phone
usage will be determined at the Department Director level, with final authority on this
issue resting with the City Manager or his/her designee. City Equipment may be
operated or accessed for incidental personal use (e.g., web browsing, E-mailing, etc.)
APPENDIX C OF EMPLOYEE POLICY MANUAL
8
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 other City 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, business, or political activity or
website/blog; and
E. Violate this Policy, or any other applicable law, rule or regulation.
Employees are reminded that personal use of City Equipment does not mean the
Employee has any personal right of privacy in that use or related information and
any records of City Equipment are subject to review by the City.
Section 10. Overtime Related to Communications Equipment
Non-exempt Employees shall not use City Equipment after their normal working hours
without prior approval from an authorized Supervisor. The Fair Labor Standards Act
(FLSA) requires that the City pay each Employee who is entitled to receive FLSA
overtime for all hours worked. This provision does not apply to Employees who are
exempt from FLSA overtime because of the executive, administrative, or professional
nature of their job duties.
No time spent in any activity on City Equipment or Employee Equipment used for City
Business may be done outside of a non-exempt Employee's scheduled work hours
without advance approval from the Employee's Supervisor. Emergencies may arise
that call for an exception to this rule. In emergencies, the Employee may perform the
work, but must notify a Supervisor as soon as possible, and in no event later than the
end of that day. If the Employee's Supervisor denies the request to work overtime, the
Employee must comply with the Supervisor's directive and cease working overtime.
All time spent outside of the non-exempt Employee's scheduled hours on City
Equipment or Employee Equipment used for City Business must be reported on official
City forms so that the City may pay the Employee for that work. Non-exempt
Employees may never choose to work and not request compensation. All legitimate
overtime will be compensated.
Non-exempt Employees are required to record all work time on official City forms and to
work overtime with prior approval. Failure to follow the City's overtime approval
procedures will result in being paid for all legitimate work time, and being subject to
APPENDIX C OF EMPLOYEE POLICY MANUAL
9
disciplinary action, up to and including termination for violating the overtime approval
procedures.
Section 11. Violations
An Employee who violates this Policy is subject to disciplinary action, up to and
including termination. Communications and data transmitted and/or stored on City
Equipment or by a third party communications service provider in violation of this Policy
will be disclosed in the context of disciplinary proceedings.
12/11 /01
Revised February 2010
Revised August 2011
APPENDIX C OF EMPLOYEE POLICY MANUAL
10
AUTHORIZATION AND RELEASE
REGARDING CITY EQUIPMENT
I, have read, understand, and acknowledge the City's Policy
regarding City Equipment, and Employee Equipment used for City Business. I
understand and agree that the City may access my voice mail, E-mail, text, image, and
data messages, and other electronically stored information on City Equipment under my
control. I understand that searches of City Equipment may be conducted without
advance notice in order to ensure the City Equipment is being used consistent with this
Policy to facilitate transmittal of information related to the City's operations, and that I
have no expectation that any information stored or transmitted via any City
Equipment or a third -party communications service provider accessed via City
Equipment will be private.
Accordingly, I hereby authorize any Electronic Communications Service to release to
the City any information the City may request relating to electronic communications
and/or any other form of instant or delayed messaging transmitted and/or received by
myself on City Equipment. I also agree to search and immediately turn over any
information the City may request relating to electronic communications and/or any other
form of instant or delayed messaging transmitted and/or received by myself pertaining
to City Business conducted on Employee Equipment. I understand that my failure to
review and turn over information related to City Business stored on Employee
Equipment may result in my discipline, up to and including termination.
I hereby release, and discharge the City and the person, firm, company, corporation or
other third -party to whom this authorization is directed, including their agents,
representatives and employees, from any and all liability of every nature and kind
arising out of their providing the information, records and other matters referenced
above relating to City Equipment pursuant to this authorization.
I further understand, acknowledge and agree that I will operate and use City Equipment
and Employee Equipment when used for City Business according to this Policy. I
understand and acknowledge that failure to comply with this Policy will result in
discipline, up to and including termination.
A photocopy of this authorization and release shall be accepted with the same validity
as the original.
Employee Signature Date
Revised August 2011
APPENDIX C OF EMPLOYEE POLICY MANUAL
11
APPENDIX D
Family and Medical Leave Policy
Section 1. Statement of Policy
The federal Family and Medical Leave Act ("FMLK) and the California Family Rights Act
("CFRA")' provide eligible employees the opportunity to take unpaid, job -protected leave for
certain medical and nonmedical needs for themselves and family members. This policy outlines
and explains how the City of Newport Beach ("City") administers each of these leaves.
Employees who misuse or abuse this policy may be disciplined up to and including termination.
For more information regarding leave under this policy, employees should contact Human
Resources. Unless otherwise provided by this article, "Leave" under this article shall mean leave
pursuant to the FMLA and CFRA.
Section 2. Definitions
A. "Twelve (12)-Month Measurement Period Method" Under this policy, the City of
Newport Beach uses the rolling 12-month period measured backwards from the date
employee begins leave to determine benefit eligibility. Benefit eligibility is based on
hours actually worked.
B. "Covered Call to Active Duty" Refers to a federal call to active duty, and state calls to
active duty are not covered unless under order of the president of the United States
pursuant to certain laws.
In the case of a member of a regular component of the Armed Forces, duty during
deployment of the member with the Armed Forces to a foreign country; or
2. In the case of a member of the reserve component of the Armed Forces, duty during
the deployment of members of the Armed Forces to a foreign country under a call or
order to active duty under certain specified provisions.
C. "Covered Servicemember"
A current servicemember of the armed forces, including a member of the National
Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy,
is otherwise in outpatient status, or is otherwise on the temporary disability retired
list, for a serious injury or illness; or
' Effective January 1, 2021, pursuant to SB 1383, CFRA will now be applicable to all employees who
work for an employer with five or more employees, expands the scope of "family members" for whom
employees can take leave to include additional categories, places less restrictions on the amount of leave
if both parents work for the same employer in connection with the birth, adoption or foster care placement
of a child, and modifies reinstatement rights. Accordingly, this policy incorporates the CFRA's
amendments, which provide more expansive protections to employees than the FMLA.
2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a
serious injury or illness and who was a member of the Armed Forces, including a
member of the National Guard or Reserves, at any time during the period of five
years preceding the date on which the veteran undergoes that medical treatment,
recuperation, or therapy.
D. "Family Member" FMLA and CFRA have differing definitions of "family member," and
only the FMLA allows employees to take up to 26 weeks of leave to provide care for an
injured military family member.
1. "Child" Any biological, adopted, or foster child, stepchild, legal ward, child of a
domestic partner, or a person to whom the employee stands in loco parentis. The
eligibility for a child differs under CFRA and FMLA, as CFRA expands child
eligibility to those over the age of 18 and who are a child of the employee's
registered domestic partner.
2. "Grandchild" A child of the employee's child. Covered under CFRA only.
3. "Grandparent" A parent of the employee's parent. Covered under CFRA only.
4. "Parent" A biological, adoptive, step or foster father or mother, or any other
individual who stood in loco parentis when the employee was a minor.
5. "Parent in Law" The parent of the employee's spouse or domestic partner.
Covered under CFRA only.
6. "Registered Domestic Partner" An adult with whom the employee has chosen
to share their life in an intimate and committed relationship of mutual caring and
with whom the employee has filed a Declaration of Domestic Partnership with the
Secretary of State, and who meets the criteria specified in California Family Code
section 297. A legal union formed in another state that is substantially equivalent
to the California domestic partnership is also sufficient. Covered under CFRA
only.
7. "Sibling" A person related to the employee by blood, adoption, or affinity through
a common legal or biological parent. Covered under CFRA only.
8. "Spouse" A person with whom the employee entered into marriage as defined
or recognized under state law, including those in same -sex marriage.
E. "Health Care Provider"
1. A Doctor of Medicine or osteopathy who is authorized to practice medicine or
surgery by the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who directly
treats or supervises treatment of a serious health condition;
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
APPENDIX D OF EMPLOYEE POLICY MANUAL
2
(limited to treatment consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized to practice in California
and performing within the scope of their practice as defined under California
State law;
4. Nurse, nurse practitioners and nurse -midwives and clinical social workers who
are authorized to practice under California State law and who are performing
within the scope of their practice as defined under California State law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts; and
6. Any health care provider from whom an employer or group health plan's benefits
manager will accept certification of the existence of a serious health condition to
substantiate a claim for benefits.
F. "Next of Kin of a Covered Servicemember" The nearest blood relative other than the
covered servicemember's spouse, domestic partner, parent, son, or daughter, in the
following order of priority: blood relatives who have been granted legal custody of the
covered servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered servicemember
has specifically designated in writing another blood relative as his or her nearest blood
relative for purposes of military caregiver leave under the FMLA.
G. "Outpatient Status of a Covered Servicemember" The status of a member of the
Armed Forces assigned to either:
1. A military medical treatment facility as an outpatient; or
2. A unit established for the purpose of providing command and control of members of
the Armed Forces receiving medical care as outpatients.
H. "Qualifying Exigencies" Includes:
Short -notice deployment: To address any issue that arises out of short notice
(within seven (7) days or less) of an impending call or order to active duty.
2. Military events and related activities: To attend any official military ceremony,
program or event related to active duty or a call to active duty status, or to attend
certain family -support or assistance programs and informational briefings.
3. Child care and school activities: To arrange for alternative child care; to provide
child care on an urgent, immediate -need basis; to enroll a child in or transfer a child
to a new school or day care facility; or to attend meetings with staff at a school or day
care facility.
4. Financial and legal arrangements: To make or update various financial or legal
arrangements or to act as the covered military member's representative before a
federal, state or local agency in connection with service benefits.
APPENDIX D OF EMPLOYEE POLICY MANUAL
3
5. Counseling: To attend counseling (provided by someone other than a health care
provider) for the employee, the covered military member, or a child or dependent
when necessary as a result of duty under a call or order to active duty.
6. Temporary rest and recuperation: To spend time with a covered military member
who is on short-term, temporary rest and recuperation leave during the period of
deployment. Eligible employees may take up to fifteen (15) days of leave for each
instance of rest and recuperation.
7. Post -deployment activities: To attend arrival ceremonies, reintegration briefings
and events, and any other official ceremony or program sponsored by the military for
a period of up to ninety (90) days following termination of the covered military
member's active duty status. This also encompasses leave to address issues that
arise from the death of a covered military member while on active duty status.
8. Mutually agreed leave: Other events that arise from the close family member's call
or order to active duty, provided that the City of Newport Beach and the employee
agree that such leave shall qualify as an exigency and agree to both the timing and
duration of such leave.
"Serious Health Condition" An illness, injury, impairment, or physical or mental
condition that involves:
1. Inpatient Care (i.e., an overnight stay) in a medical facility. A person is considered
"inpatient" when a health care facility admits him or her to the facility with the
expectation that he or she will remain at least overnight, even if it later develops that
such person can be discharged or transferred to another facility, and does not
actually remain overnight; or
2. Continuing treatment by a health care provider and either prevents the employee
from performing the functions of his or her job or prevents the qualified family
member from participating in school or other daily activities.
a) A period of incapacity which is more than three consecutive calendar days; and
b) Subsequent treatment or period of incapacity relating to the same condition and
also involves:
i. Two or more treatments by a health care provider; or
At least one treatment by a health care provider, the first of which must occur
within seven days of incapacity, and results in a regimen of continuing
treatment under the supervision of the health care provider, a nurse or
physician's assistant under direct supervision by a health care provider or by a
provider of health care services (e.g., a physical therapist) under orders of or
on referral by a health care provider.
This would include a course of prescription medication or therapy requiring
special equipment to resolve or alleviate the health condition. If the medication
is over the counter and can be initiated without a visit to a health care provider,
APPENDIX D OF EMPLOYEE POLICY MANUAL
4
it does not constitute a regimen of continuing treatment.
3. Any period of incapacity due to pregnancy or for prenatal care.
An employee may request Pregnancy Disability Leave under the California
Pregnancy Disability Leave Law [See Government Code $§12900, et. seq.] This is
separate and distinct from California Family Rights Act Medical Leave.
Amount of Leave: An employee who is disabled because of pregnancy, childbirth, or a
related medical condition is entitled to an unpaid leave for up to the number of hours she
would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a
full-time employee who works 40 hours per week, "four months" means 693.33 hours of
leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works
less than 40 hours per week will receive a pro rata or proportional amount of leave.
Notice: Requests for pregnancy disability leave must be submitted in writing with
reasonable advance notice of the medical need for the leave. All leaves must be confirmed
in writing, have an agreed -upon specific date of return, and be submitted to the Human
Resources Department.
Certification: The request for pregnancy disability leave must be supported by a written
certification from the attending physician stating that: the employee is disabled from working
by pregnancy, childbirth or a related medical condition; 2) the date on which the employee
became disabled by pregnancy, childbirth or a related medical condition; and 3) the
estimated duration or end date of the leave.
Compensation during PDL: Pregnancy disability leaves are without pay. However, the
employee may elect to use flex leave or any other accrued paid time off during the leave.
Health Insurance Benefits During PDL: An employee on pregnancy disability leave may
continue to receive any group health insurance coverage that was provided before the
employee's leave, beginning on the date the pregnancy disability leave begins and
continuing for up to four months in a 12-month period, at the same level and under the same
conditions that coverage would have been provided if the employee had continued in
employment continuously for the duration of the leave. The City may recover premiums it
paid to maintain health coverage if an employee does not return to work following pregnancy
disability leave, unless the reason for the failure to return is a circumstance beyond their
control
4. Any period of incapacity or treatment for such incapacity due to a chronic serious
health condition. A chronic serious health condition is one which:
a) Requires periodic visits for treatment to a health care provider;
b) Continues over an extended period of time (including recurring episodes of a
single underlying condition); and
c) May cause episodic rather than a continuing period of incapacity (e.g., asthma,
diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if
the absence lasts only one day.
APPENDIX D OF EMPLOYEE POLICY MANUAL
5
5. A period of incapacity which is permanent or long term due to a condition for which
treatment may not be effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health
care provider.
6. Any period of absence to receiving multiple treatments (including any period of
recovery therefrom) by a health care provider or by a provider of health care services
under orders of, or on referral by, a health care provider, either for restorative
surgery after an accident or other injury, or for a condition that would likely result in a
period of incapacity of more than three consecutive calendar days in the absence of
medical intervention or treatment.
"Serious Injury or Illness" The definition of "serious injury or illness" for current
servicemembers and veterans is distinct from the definition of "serious health condition"
for CFRA/FMLA leave.
1. An injury or illness incurred by the current servicemember in the line of duty while on
active duty in the armed forces that may render the servicemember medically unfit to
perform the duties of the servicemember's office, grade, rank, or rating or existed
before the beginning of the member's active duty and was aggravated by the service
in the line of duty while on active duty in the armed forces; or
2. In the case of a veteran who was a member of the Armed Forces, including a
member of the National Guard or Reserves, means an injury or illness that was
incurred by the member in the line of duty on active duty in the Armed Forces (or
existed before the beginning of the member's active duty and was aggravated by
service in the line of duty on active duty in the Armed Forces) and that manifested
itself before or after the member became a veteran and is 1) a continuation of a
serious injury or illness that was incurred or aggravated when the covered veteran
was a member of the armed forces and rendered the service member unable to
perform the duties of the service member's office, grade, rank or rating; 2) a physical
or mental condition for which the covered veteran has received a VA service -related
disability rating of 50 percent or greater, and such rating is based, in whole or in part,
on the condition precipitating the need for caregiver leave; 3) a physical or mental
condition that substantially impairs the veteran's ability to secure or follow a
substantially gainful occupation by reason of a disability or disabilities related to
military service, or would absent treatment; or 4) an injury, including a psychological
injury, on the basis of which the covered veteran has been enrolled in the
Department of Veterans Affairs Program of Comprehensive Assistance for Family
Caregivers.
APPENDIX D OF EMPLOYEE POLICY MANUAL
6
Section 3. Reasons for Leave
FMLA
Covered family Employee's spouse (including those in
member same -sex marriages), child (minor or
dependent adult2) or parent
Reasons for leave
■ Birth of a child for purposes of
bonding
■ Placement of a child for adoption or
foster care
■ To care for the employee's covered
family member (above) with a
serious health condition
■ The serious health condition of the
employee (including pregnancy)
• A qualifying military exigency related
to the covered active duty or call to
covered active duty of an
employee's spouse, child (of any
age) or parent who is a member of
the United States Armed Forces
■ To care for a family member who is
a current servicemember or veteran
with a serious illness or injury (26
weeks)
Employee's spouse (including those in
same -sex marriages), registered
domestic partner, child (of any
age), child of domestic partner, sibling,
grandparent or grandchild
• Birth of a child for purposes of
bonding (including the child of a
domestic partner)
• Placement of a child in for adoption
or foster care
■ To care for the employee's covered
family member (above) with a
serious health condition
■ The serious health condition of the
employee (excluding pregnancy)
• A qualifying military exigency related
to the covered active duty or call to
covered active duty of an
employee's spouse, domestic
partner, child (of any age), or parent
in the United States Armed Forces,
as specified in Section 3302.2 of the
Unemployment Insurance Code
In circumstances where a leave qualifies for both FMLA and CFRA leave, the leaves will run
concurrently for a total of 12 weeks3.
It is possible that an employee could qualify for 12 weeks' of CFRA leave to care for a domestic
partner or grandparent (who are not considered eligible family members under the FMLA) and
then qualify for 12 weeks3 of FMLA to care for a child, spouse, or parent, for a total of 24
weeks3.
zA child is "incapable of self -care" if he/she requires active assistance or supervision to provide daily self -
care in three or more of the activities of daily living or instrumental activities of daily living —such as,
caring for grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence or using a telephone.
3The Acts only require the City to provide 12 weeks; however, the City offers a more generous benefit of
four (4) months.
Section 4. Employees Eligible for Leave
An employee is eligible for leave for the reasons stated above if the employee:
A. Has been employed with the City of Newport Beach for at least 1,250 hours during the
12-month period immediately preceding the commencement of the leave; and
APPENDIX D OF EMPLOYEE POLICY MANUAL
7
B. Has been employed with the City of Newport Beach for at least 12 months. The 12
months of employment are not required to be consecutive in order for the employee to
qualify for FMLA leave. In general, only employment within seven years is counted
unless the break in service is (1) due to an employee's fulfillment of military obligations,
or (2) governed by a collective bargaining agreement or other written agreement.
Section 5. Amount of Leave
The FMLA and CFRA offer 12 workweeks of unpaid job protections. However, under the City's
policy, eligible employees may receive up to four (4) months of protected leave for reasons as
described in Section 3 (Reasons for Leave).
For an employee who is on approved FMLA/CFRA leave due to their own serious health
condition, an additional two (2) months may be approved if the employee provides the required
medical certification, the employee's Department Director is able to reasonably accommodate
the absence and the City Manager approves the request.
For military caregiver leave, an eligible employee may take up to 26 workweeks of leave in a
single 12-month period. The single 12-month period begins on the first day leave is taken to
care for a covered servicemember and ends 12 months thereafter, regardless of the method
used to determine leave availability for other FMLA/CFRA-qualifying reasons.
A. Minimum Duration of Leave
1. If leave is requested for the birth, adoption or foster care placement of a child of the
employee, leave must be concluded within one year. In addition, the basic minimum
duration of such leave is two weeks. However, an employee is entitled to leave for
one of these purposes (e.g., bonding with a newborn) for at least one day, but less
than two weeks duration on any two occasions.
2. If leave is requested to care for a child, parent, spouse, domestic partner or the
employee him/herself with a serious health condition, there is no minimum amount of
leave that must be taken. However, the notice and medical certification provisions of
this policy must be in compliance.
B. When Both Spouses Are Employed by the City of Newport Beach
In any case in which both parents of a child, adoptee, or foster child are both employed
by the City and are entitled to leave:
If leave is taken for the birth of a child (see Section 2 or 3 for each Leave's definition of
"child") for purposes of bonding; under CFRA, each parent is entitled to take four (4)
months of leave during any 12-month period for bonding leave. If an employee is taking
leave available under FMLA, then the aggregate total for both spouses is four months
during any 12 month period.
With respect to servicemember leave, if both parents of a covered servicemember are
employed by the City and are entitled to leave to care for a covered , the aggregate
number of workweeks of leave to which both may be entitled will be limited to 26
workweeks in a 12-month period to care for a servicemember. This limitation does not
APPENDIX D OF EMPLOYEE POLICY MANUAL
8
apply to any other type of leave under this policy.
C. Servicemember Family Leave
If leave is taken to care for a servicemember as set forth in Section 3 above, an eligible
employee may take up to 26 workweeks of leave during a 12-month period. Leave to
care for an injured or ill servicemember, when combined with other FMLA-qualifying
leave, may not exceed 26 weeks in a single 12-month period. This leave may be taken
on an intermittent or reduced work schedule basis consistent with the Section 8 of this
Policy. The City may require the employee to provide certification for the serious injury or
illness.
Section 6. Employee Benefits While on Leave
A. Group Health Insurance During Unpaid Leave
Under this policy, the FMLA and CFRA provide for unpaid, job -protected leave.
Employees may remain in paid status by substituting their unpaid absence with their own
paid leave (see Section 7 Substitution of Paid Leaves). However, if an employee is not in
paid status or receiving disability due to their own serious health condition, the employee
will continue to be covered by the City's group health insurance for up to six (6) months
each leave year to the same extent that coverage is provided while the employee is on
the job, which includes payroll deductions and taxable cash back under the City's
cafeteria program.
B. Recovery of Premium if the Employee Fails to Return from Leave
If an employee fails to return to work after his/her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for
the entire leave period, unless the employee does not return because of the
continuation, recurrence, or onset of a serious health condition of the employee or
his/her family member which would entitle the employee to leave, or because of
circumstances beyond the employee's control.
Section 7. Substitution of Paid Leaves
While on unpaid leave under this policy, as set forth herein, an employee may use all paid
leaves to remain in paid status during family and medical leave as described below. Remaining
in paid status will ensure the employee's pay continues to be reported to CalPERS and they
continue to accrue leave time.
A. Employee's Right to Use Paid Leaves Concurrently with Family Leave
An employee may substitute their own paid leave time for all or part of any otherwise
unpaid leave under this policy.
Employees who have and want to use sick leave to substitute for the otherwise unpaid
leave, may do so in compliance with the Employee Policy Manual and the following
stipulations:
The leave is for the employee's own serious health condition; or
APPENDIX D OF EMPLOYEE POLICY MANUAL
9
The leave is needed to care for a parent, spouse, domestic partner or child with a
serious health condition and would be permitted as sick or flex leave under the
City's leave policy.
B. The City of Newport Beach and An Employee's Rights: If an Employee Requests a
Leave Without Mentioning FMLA or CFRA
If an employee requests to utilize paid leave for time off without reference to a
FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a
FMLA/CFRA-qualifying purpose. However, if the City denies the employee's request and
the employee provides information that the requested time off is for a FMLA/CFRA-
qualifying purpose, the City may inquire further into the reason for the absence.
The City will notify employees out more than three (3) days, who have used sick leave or
unplanned paid leave that they have been placed on FM LA.
Section 8. Medical Certification
Employees who request leave must provide written certification and/or recertification from the
health care provider of the individual requiring care if requested by the City as described below:
A. Employee's Own Serious Health Condition
If the leave is requested because of the employee's own serious health condition, the
certification must include: the date, if known, on which the serious health condition
commenced; the probable duration of the condition; and a statement that the employee
is unable to work at all or is unable to perform the essential functions of his/her position.
Upon expiration of the time period the health care provider originally estimated that the
employee needed for his/her own serious health condition, the employee must obtain
recertification if additional leave is requested.
B. Family Member with Serious Health Condition
If leave is requested because of the employee's need to care for a family member, as
described in Section 3, who has a serious health condition, the certification must include:
the date, if known, on which the serious health condition commenced; the probable
duration of the condition; an estimate of the amount of time which the health care
provider believes the employee needs to care for the family member and a statement
that the serious health condition warrants the participation of the employee to provide
care during a period of treatment or supervision family member. The term "warrants the
participation of the employee" includes, but is not limited to, providing psychological
comfort and arranging third -party care for the covered family member, as well as directly
providing, or participating in, the medical care. Upon expiration of the time period the
health care provider originally estimated that the employee needed to care for a covered
family member, the employer must obtain recertification if additional leave is requested.
C. Pregnancy
Pregnancy disability leave must be supported by a written certification from the attending
physician stating that: the employee is disabled from working by pregnancy, childbirth or
APPENDIX D OF EMPLOYEE POLICY MANUAL
10
a related medical condition; 2) the date on which the employee became disabled by
pregnancy, childbirth or a related medical condition; and 3) the estimated duration or end
date of the leave.
D. Qualifying Exigency
The first time an employee requests leave because of a qualifying exigency; the City
may require the employee to provide a copy of the military member's active duty orders
or other documentation issued by the military. The documentation must indicate that the
military member is on covered active duty or call to active duty status in a foreign country
and the dates of the military member's active duty service. A copy of the new active duty
orders or similar documentation shall be provided to the City if the need for leave
because of a qualifying exigency arises out of a different active duty or call to active duty
status of the same or a different military member. The City will verify the certification as
permitted by the FMLA/CFRA.
E. Servicemember with Serious Injury or Illness
If leave is requested because of the employee's need to care for a covered
servicemember who is a child, spouse, parent or "next of kin" of the employee, the
employee must provide written certification from a health care provider regarding the
injured servicemember's serious injury or illness. The City will verify the certification as
permitted by the FMLA regulations.
F. Time to Provide a Certification
When an employee's leave is foreseeable and at least 30 days notice has been
provided, the employee must provide a medical certification, if requested, before the
leave begins. When this is not possible, the employee must provide the requested
certification to the City within the time frame requested by the City (which must allow at
least 15 calendar days after the employer's request), unless it is not practicable under
the particular circumstances to do so despite the employee's diligent, good faith efforts.
G. Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification the employee will be given a
reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this Policy, the City may delay the FMLA/CFRA leave until the required
certification is provided or deny FMLA/CFRA protections following the expiration of the
time period to provide an adequate certification.
H. Recertification
If the City has a good faith objective reason to doubt the validity of a certification, the
City may require a medical opinion of a second health care provider chosen and paid for
by the City. If the second opinion is different from the first, the City may require the
opinion of a third provider jointly approved by the City and the employee but paid for by
APPENDIX D OF EMPLOYEE POLICY MANUAL
11
the City. The opinion of the third provider will be binding. An employee may request a
copy of the health care provider's opinions when there is a recertification.
Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (not consecutive days/hours) or on a
reduced leave schedule to provide self -care or to care for an immediate family member
with a serious health condition, the employee must provide medical certification that
such leave is medically necessary prior to requesting the intermittent leave. "Medically
necessary" means there must be a medical need for the leave and that the leave can
best be accomplished through an intermittent or reduced leave schedule. The City
reserves the right to require employees returning from intermittent leave to undergo a
fitness for duty examination prior to returning to work. The City may also require an
employee who certifies the need for a reduced schedule or intermittent leave to
temporarily transfer to an alternative position of equivalent pay and benefits that better
accommodates the leave schedule.
Section 9. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to request
immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 days' notice is required. In addition, if an employee
knows of an upcoming leave, but does not know the exact date(s) (e.g. for the birth of a child or
to take care of a newborn), the employee shall inform their supervisor as soon as possible that
such leave will be needed. For foreseeable military leave duty to a qualifying exigency, an
employee must provide notice of the need for leave as soon as practicable, regardless of how
far in advance such leave is foreseeable. Such notice may be orally given. The employee is
required to comply with the City's usual call -in procedures for notifying a supervisor regarding
sick leave. If the City determines that an employee's notice is inadequate or the employee knew
about the requested leave in advance of the request, the City may delay the granting of the
leave until it can, in its discretion, adequately cover the position with a substitute.
Section 10. Reinstatement Upon Return from Leave
A. Reinstatement to Same or Equivalent Position
Upon expiration of leave, an employee is entitled to be reinstated to the position of
employment held when the leave commenced, or to an equivalent position with
equivalent employment benefits, pay, and other terms and conditions of employment.
Employees have no greater rights to reinstatement, benefits and other conditions of
employment than if the employee had been continuously employed during the
FMLA/CFRA period.
B. Date of Reinstatement
If a definite date of reinstatement has been agreed upon at the beginning of the leave,
the employee will be reinstated on the date agreed upon. If the reinstatement date differs
from the original agreement of the employee and City, the employee will be reinstated
within two business days, where feasible, after the employee notifies the employer of
his/her readiness to return.
APPENDIX D OF EMPLOYEE POLICY MANUAL
12
C. Employee's Obligation to Periodically Report on His/Her Condition
Employees may be required to periodically report on their status and intent to return to
work. This will avoid any delays to reinstatement when the employee is ready to return.
D. Return -to -Work Certification
As a condition of reinstatement of an employee whose leave was due to the employee's
own serious health condition, which made the employee unable to perform his/her job,
the employee must obtain and present a return -to -work certification from the health care
provider that the employee is able to resume work. Failure to provide such certification
will result in denial of reinstatement.
Section 11. Required Forms
Employees must fill out and submit to Human Resources the following applicable forms in
connection with leave under this policy:
A. A "Request for Family/Medical Leave" form approved by the City to be eligible for leave.
Note: Employees will receive a response to their request which will set forth
certain conditions of the leave; and
B. Medical certification —either for the employee's own serious health condition; for the
serious health condition of a child, parent, spouse, or domestic partner; or for the serious
illness or injury of a servicemember.
10/16/2008 — Amended to add Military Leave
12/30/2008 — Amended to include legislation changes effective January 1, 2009
10/25/2022 — Amended to include legislation changes effective January 1, 2021
APPENDIX D OF EMPLOYEE POLICY MANUAL
13
�EVVP0
c
'9G/ FORN�P.
Request for Family/Medical Leave
Employee Name Date of Request
Department Position Title
Hire Date
I request a Family/Medical Leave for the following reason (check one):
A. The birth of a child and/or in order to care for such child.
B. The adoption or placement of a child for foster care.
C. In order to care for a family member because such family member has a serious health
condition. Check one:
❑ CHILD ❑ SPOUSE❑ DOMESTIC PARTNER ❑ PARENT
❑ GRANDPARENT (CFRA) ❑ GRANDCHILD (CFRA) ❑ SIBLING (CFRA)
(Must submit "Physician Certification" within 15 calendar days.)
D. Employee's own serious health condition that makes the employee unable to perform the
functions of his/her position.
(Must submit "Physician Certification" within 15 calendar days.)
E. For a "qualifying exigency" arising out of the fact that Employee's spouse, domestic
partner, child, or parent is on active duty or call to active duty status in the National Guard
or Reserves in support of a contingency operation. Check one:
❑ CHILD ❑ SPOUSE ❑ PARENT ❑ DOMESTIC PARTNER (CFRA)
F. In order to care for an immediate family member who is a member for the Armed Forces
(including a member of the National Guard or Reserves) who is undergoing medical
treatment, recuperation, or therapy, is in outpatient status through the Armed Forces, or
is otherwise on the temporary disability retired list, for a "serious injury or illness" Check
one:
❑ CHILD ❑ SPOUSE ❑ DOMESTIC PARTNER ❑ PARENT
❑ NEXT OF KIN:
(Must submit "Physician Certification" within 15 days.)
APPENDIX D OF EMPLOYEE POLICY MANUAL
14
Method of Leave Requested
A. Consecutive Leave
B. Intermittent or Reduced Leave Schedule (Specify schedule below)
Date leave is to begin: Expected duration of leave:
If the duration of my family/medical leave (total of paid and unpaid time) does not exceed 4 months, I will
be returned to my same or equivalent position. I understand that if my family/medical leave should exceed
4 months plus an additional 2 months (if approved), I will be returned to my same or equivalent position,
only if available. If my same or equivalent position is not available, I understand that I may not be entitled
to reinstatement rights under FMLA.
Date Employee's Signature
APPENDIX D OF EMPLOYEE POLICY MANUAL
15
Notice to Health Care Provider
Under Department of Labor regulations for the Family and Medical Leave Act and the State of California Family Rights
Act, "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical
psychologist, optometrist, nurse practitioner, nurse -midwife who is authorized to practice by the State and performing
within the scope of their practice as defined by State law, a Christian Science practitioner or other health care providers as
outlined in Section 2 of the Family and Medical Leave Policy.
Our employee has requested leave under the provisions of Federal Family and Medical Leave Act and/or California
Family Rights Act statutes for:
• His or her own serious health condition; or
• For the purpose of caring for your patient who is a qualified family member under the Acts or as outlined in Section 2
of the Family and Medical Leave Policy. Please note the in-laws are not covered by this provision.
In order for the City to determine whether this leave qualifies for family and medical leave under Federal and/or State law,
please complete the brief Health Care provider section on the reverse side of this form and return it to our
employee.
A Serious Health Condition is:
Any illness, injury (including on the job), impairment or physical or mental condition that involves:
• Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a
hospital, hospice, or residential medical care facility; or
• Any period of incapacity requiring absence from work, school, or regular daily activities for more than three calendar
days, that also involves continuing treatment by (or under the supervision of) a health care provider; or
• Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition
that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three
calendar days; or
• Pregnancy disability; leave taken for disability due to pregnancy, childbirth or related medical conditions.
Examples: heart attacks, heart conditions requiring heart bypass or valve operations, most cancers, back conditions
requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis,
pneumonia, emphysema, severe arthritis, severe nervous disorders, and injuries caused by serious accidents on or off the
job.
A Serious Health Condition is Not:
• Allergies treated by over the counter or prescribed medication which may be administered by the patient/employee-,
• The patient is not incapacitated for more than three calendar days, is not under the continuing care of a health care
provider, and/or the patient does not have a serious long-term health condition; or
• Voluntary treatment or surgery unless inpatient hospital care is required.
DO NOT DISCLOSE THE UNDERLYING DIAGNOSIS WITHOUT CONSENT OF PATIENT
APPENDIX D OF EMPLOYEE MANUAL
16
City of Newport Beach
(CONFIDENTIAL)
FOR RECORDKEEPING ONLY
FAMILY AND MEDICAL LEAVE CERTIFICATION
Employee Name. -
Patient if other than employee):
Relationship of employee to patient:
If patient is a child, is he/she 18 years of age or older? ❑ yes ❑ no If yes, is child incapable of self care`? ❑ yes ❑ no
Requires certification
Beginning date of leave:
What is the employees anticipated return to work date:
If unknown or ongoing,provide earliest estimated return to work date
Medical Status and Recommendations from Health Care Provider
Does this employee or patient have a serious health condition? see definitions ❑ yes ❑ no
On what date did the serious health condition commence? Duration of medical condition:
If leave is for the employee:
Is employee able to perform the functions of his/her job? (see job description) ❑ yes ❑ no
Questions regarding the employee's job duties may be addressed to the employee's supervisor.
Employee's Supervisor: Phone:
Can the employee work a reduced work schedule or require other medical
accommodation(s)? ❑ yes ❑ no
If yes, please include schedule of visits or treatment if it is medically necessary for the employee to be off work on an
intermittent basis or to work less than the employee's normal schedule of hours per day or days per week:
If leave is for employee's family member:
Is the employee's presence necessary to provide on -site care for the patient? or ❑ yes ❑ no
Is the employee's presence deemed beneficial to the welfare of the patient? ❑ yes ❑ no
Does the patient require full time care? ❑ yes ❑ no
If no, give an estimate of the time period during which this care will be provided, including a schedule if leave is to be
taken intermittently or on a reduced leave schedule:
Health Care Provider Information
Health Care Provider Signature Date
Type of Health Care Provider see definition):
Address Phone
APPENDIX D OF EMPLOYEE MANUAL
17
City of Newport Beach
(CONFIDENTIAL)
FOR RECORDKEEPING ONLY
FAMILY AND MEDICAL LEAVE RETURN TO WORK CERTIFICATION
Under Department of Labor regulations for the Family and Medical Leave Act and the State of California Family Rights
Act, "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical
psychologist, optometrist, nurse practitioner, nurse -midwife who is authorized to practice by the State and performing
within the scope of their practice as defined by State law, a Christian Science practitioner or other health care providers as
outlined in Section 2 of the Family and Medical Leave Policy.
Employee Name:
The following information is to be completed by your health care provider. Return this form to
your supervisor prior to your return to work date.
Employee is released to work effective (date):
Is employee able to perform the functions of his/her job? (see attached job description)
❑ yes ❑ yes, with restrictions/accommodations ❑ no
Questions regarding the employee's job duties may be addressed to the employee's supervisor.
Employee's Supervisor: Phone:
Please list any functional limitations:
Are the limitations: ❑ permanent ❑ temporary, until (date):
Comments:
Health Care Provider Information
Health Care Provider Signature Date
Type of Health Care Provider see definition):
Address Phone
APPENDIX D OF EMPLOYEE MANUAL
18
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.
12/11/01
APPENDIX E OF EMPLOYEE MANUAL
1
ORGANIZATIONAL BEHAVIORS
The following behaviors were identified as ways for the organization's employees
to demonstrate and act on their values. The list is not meant to be all-inclusive,
but rather descriptive of the types of behaviors that would demonstrate each
value.
Integrity —no surprises, speak up with concerns rather than internalize; say in
the group what you say in private; always be honest; frank; give credit where it's
due; be factual in advising public on processes and regulations; consistency of
application of regulations; all customers deserve same treatment; tell people the
whole story.
Empathy —expressions of concern; active listening; walking in each others'
shoes; slow to judgement; acknowledge others' feelings; show you care; respect
one 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.
12/11/01
APPENDIX E OF EMPLOYEE MANUAL
2
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2022-73 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of October, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of October, 2022.
c
Leilani I. Brown
City Clerk
Newport Beach, California
E