HomeMy WebLinkAboutRES 2008-34Resolution No. 2008- 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS
EFFECTIVE SEPTEMBER 1, 2008; AND RESCINDING RESOLUTION NO.
2006-39 IN ITS ENTIRETY.
WHEREAS, the City Council of the City of Diamond Bar adopted Resolution No. 2006-39
on May 2, 2006 approving Personnel Rules and Regulations; and;
WHEREAS, the purpose of the rules and regulations is to facilitate efficient and
economical services to the public and to establish lawful procedures for dealing with
personnel matters; and;
WHEREAS, it is necessary from time to time to update the Personnel Rules and
Regulations; and;
WHEREAS, the rules and regulations do not create any contract of employment,
expressed or implied, or any rights in the nature of a contract;
WHEREAS, with the adoption of this Resolution, the Personnel Rules and Regulations
will become effective September 1, 2008;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar,
does hereby adopt Resolution No. 2008- amending the City's Personnel Rules and
Regulations therefore rescinding Resolution No. 2006-39 in its entirety.
PASSED, ADOPTED AND APPROVED this 19th day of August 2008.
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Jack Tanaka, Mayor
I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, adopted and approved at a
regular meeting of the City Council of the City of Diamond Bar held on the
19th day of August 2008, by the following vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Tommye A. Cribbins, City Clerk
2008--34
Personnel
Rules and Regulations
Resolution
No. 2008-34
Effective September 1, 2008
CITY OF DIAMOND BAR
PERSONNEL RULES AND REGULATIONS
Effective September 1, 2008
Table of Contents
Rule I Purpose and Application Page
Purpose...............................................................................................1
Application..........................................................................................1
NoContract Created...........................................................................1
Rule 11 Definition of Terms
Definitions of Terms............................................................................2
Rule III General Provisions
Discrimination Prohibited....................................................................6
NepotismProhibited............................................................................6
Political Activity Prohibited..................................................................7
Outside Employment...........................................................................7
Violationof Rules................................................................................7
Amendment and Revision of Rules.....................................................7
Rule IV Classification
Classification Plan...............................................................................8
Adoption, Amendment, and Revision of Plan......................................8
NewPositions...............................................................
Classification Studies..........................................................................8
Qualifying Examination.......................................................................8
Y-Rate.................................................................................................
9
Rule V Compensation
CompensationPlan....................................................:........................10
Amendmentof Plan.............................................................................10
SalaryUpon Initial Hire.......................................................................10
Merit Step Advancement.....................................................................10
Merit Step Advancement for Part Time Employees .............................10
Merit Step Increase if Evaluation is Untimely......................................10
Amount of Merit Step Adjustments......................................................11
Merit Step for Employees on Leave....................................................11
Effective Date of Increase...................................................................11
Salary on Promotion............................................................................11
Salaryon Demotion.............................................................................11
Salary on Reclassification...................................................................11
PayPeriods.........................................................................................11
BilingualPay.......................................................................................11
Extension of Probationary Period........................................................19
Rejection During Probation.................................................................19
Rejection During Probation From a Promotional Position ...................19
Use of Leave During Probation...........................................................19
Rule XII Attendance and Leaves
Attendance..........................................................................................20
VacationLeave...................................................................................20
SickLeave..........................................................................................22
Occupational Injury or Illness Leave...................................................23
BereavementLeave............................................................................23
Jury Duty and Witness Leave..............................................................24
Administrative Leave...........................................................................24
Family and Medical Leave..................................................................24
California Paid Family Leave...............................................................27
Pregnancy Disability Leave.................................................................28
ElectionLeave.....................................................................................28
SchoolVisit Leave...............................................................................28
Leave of Absence without Pay............................................................28
MilitaryLeave......................................................................................29
PoliticalLeave.....................................................................................29
Rule XIII Holidays
HolidaysObserved..............................................................................30
FloatingHolidays.................................................................................30
Eligibility for Holidays..........................................................................31
ProratedHoliday Pay..........................................................................31
Rule XIV Changes in Employment Status
Transfer...............................................................................................32
Promotion............................................................................................32
Demotion.............................................................................................32
Suspension.........................................................................................32
Reclassification...................................................................................32
Rule XV Separation from Employment
JobAbandonment...............................................................................33
Discharge............................................................................................33
Layoff..................................................................................................32
Resignation.........................................................................................34
Reinstatement.....................................................................................34
Rule XVI Reports and Records
General...............................................................................................35
Notifying City of Changes in Personal Information..............................35
Location of Personnel Files.................................................................35
Overtime... ....... **,,* ...... ........ ** ...... ** ... * .......... *,*,,* ... ** .... 12
CallOut Pay........................................................................................12
ActingPay...........................................................................................12
Cost of Living Adjustment (COLA)..............................................13
Rule VI Hours of Work
The9180 Plan......................................................................................14
FiveDay Work Week..........................................................................14
Alternate Work Schedule....................................................................14
WorkWeek Defined............................................................................14
The City May Change the Work Week................................................14
Request to Change Schedule.............................................................14
MealPeriod.........................................................................................14
Rule VII Applications and Applicants
Announcement....................................................................................15
Application..........................................................................................15
Disqualification....................................................................................15
Rule VIII Examinations
Types of Examinations........................................................................16
Promotional Examinations..................................................................16
Continuous Examinations...................................................................16
Conduct of Examinations....................................................................16
Reasonable Accommodation in Testing..............................................16
Post Offer Physical Examinations and Background Investigations .....16
Immigration Reform and Control Act...................................................16
Notification of Selection Process Results............................................16
Rule IX Employment Eligibility Lists
Employment Eligibility Lists.................................................................17
Durationof Lists..................................................................................17
Removal of Applicants from Lists........................................................17
Rule X Method of Filling Vacancies
Types of Appointment.........................................................................18
Notice to Human Resources...............................................................18
Appointment........................................................................................18
Veterans Preference...........................................................................18
Temporary Assignments.....................................................................18
Extended Assignment to Vacant Higher Position................................18
Vacancies Outside the Competitive Service.......................................18
Rule XI Probationary Period
Probationary Period............................................................................19
Purpose of Probationary Period..........................................................19
Medical Information.............................................................................35
References and Release of Information in Personnel Files ................35
Employee Access to Personnel File....................................................36
Destruction of Records........................................................................36
Rule XVII Grievance Procedure
Definition.............................................................................................37
Procedure...........................................................................................37
Right of Grievant to Representation....................................................38
Reprisals.............................................................................................38
Rule XVIII Discipline
Types of Disciplinary Action................................................................39
Grounds for Disciplinary Action Involving Regular Employees ............
39
Procedures for Taking Disciplinary Action...........................................41
AppealRights......................................................................................43
Methodof Appeal................................................................................43
Notice..................................................................................................43
Subpoenas..........................................................................................43
Hearings..............................................................................................43
Findings and Recommendations.........................................................44
RULE XIX Performance Evaluations and Annual Work Plans
General...............................................................................................45
Responsibility for Evaluation...............................................................45
Discussion with Employee..................................................................45
Schedule.............................................................................................45
AppealProcedure...............................................................................46
RULE XX Vehicle Use
Use of Private Vehicles.......................................................................47
AutoAllowance...................................................................................47
RULE XXI Professional Development
TrainingPlan.......................................................................................48
Tuition Reimbursement.......................................................................48
RULE XXII Employee Standards of Conduct
Codeof Ethics.....................................................................................49
HarassmentPolicy..............................................................................50
Harassment Complaint Form..............................................................56
Information Systems Usage Policy......................................................58
Workplace Substance Abuse Prevention Policy.................................65
Policy against Retaliation....................................................................69
IRULE I
PURPOSE AND APPLICATION
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Section 1. Purpose: The purpose of these rules is to facilitate efficient and economical
services to the public and to establish lawful procedures for dealing with
personnel matters.
Unless amended by a subsequent Resolution of the City Council the Rules
and Regulations set forth herein and the Personnel Ordinance shall govern
the Personnel System for the City of Diamond Bar.
Section 2. Application: These rules apply to all employees of the City of Diamond Bar
unless a specific rule or procedure indicates otherwise.
Section 3. No Contract Created: These rules do not create any contract of
employment, express or implied, or any right in the nature for a contract.
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RULE II
DEFINITION OF TERMS
DEFINITION OF TERMS
Unless the context indicates otherwise the following terms, whenever used in these rules,
shall be defined as follows:
Section 1. Advancement: A salary increase within the limits of the pay range
established for the class.
Section 2. Allocation: The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
Section 3. Appointing Authority: The person having the authority to appoint or remove a
person from City employment. This is the City Manager unless delegated to
another employee or officer.
Section 4. At -Will: All positions outside of the competitive service. Employees in at -will
positions may be terminated at any time at the will of the City or the
employee, without cause, and without the right of appeal. At -will positions
are set forth in Ordinance 03 (2005) and include: City Manager, Assistant
City Manager, Development Services Director, Community Services Director,
City Engineer/Public Works Director, Finance Director, Information Systems
Director, department heads, Council appointed officers, seasonal part time
employees, intermittent part time employees, part time employees hired after
October 18, 2005, emergency employees and any employee scheduled to
work less than 1,040 hours per year.
Section 5. Bilingual Premium Pay Differential: A percentage of pay which will
compensate the qualified employee for providing non-English language
services as an essential part of his or her job.
Section 6. City Manager's Designee: The person assigned to the Human Resources
function (Human Resources Manager or Assistant City Manager).
Section 7. Class: All positions sufficiently similar in duties, authority, responsibility, and
working conditions to permit grouping under a common title and the
application with equity of common standards of selection, transfer,
promotion, and salary.
Section 8. Competitive Service: All positions of employment in the service of the City
except those excluded by Personnel Ordinance 03 (2005): City Manager,
Assistant City Manager, Development Services Director, Community
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Services Director, City Engineer/ Public Works Director, Finance Director,
Information Systems Director, department heads, Council appointed officers,
seasonal part time employees, intermittent part time employees, part time
employees, emergency employees and any employee scheduled to work
less than 1,040 hours per year.
Section 9. Demotion: The movement of an employee from one class to another class
having a lower maximum rate of pay. A demotion may be voluntary or
involuntary.
Section 10. Domestic Partner: A domestic partnership is legally established in
California when all of the following requirements are met: both persons file a
Declaration of Domestic Partnership with the Secretary of State; both
persons have a common residence; neither person is married to someone
else or is a member of another domestic partnership with someone else that
has not been terminated, dissolved, or adjudged a nullity; two persons are
not related by blood in a way that would prevent them from being married to
each other in another state; both persons are at least 18 years of age; either
of the following: (a) both persons are members of the same sex; or (b) one or
both of the persons are over the age of 62, and meet certain eligibility criteria
pursuant to the Social Security Act; and both persons are capable of
consenting to the domestic partnership.
Section 11. Eligible: When used as a noun, means a person whose name is on an
employment list.
Section 12. Employment Eligibility List: A list of names of persons who have taken an
open -competitive examination for a class in the competitive service and have
qualified.
Section 13. Examinations:
(a) Open -competitive examination: An examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class,
admission to the examination being limited to employees identified by
the appointing authority.
(c) Continuous examination: An open competitive examination which is
administered periodically and as a result of which names are placed
on an employment list, in order of final scores, for a period of not more
than one (1) year.
Section 14. Exempt: An employee not entitled to overtime compensation under the Fair
Labor Standards Act.
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Section 15. Job Classifications: For the purposes of the City's Personnel System, each
position title shall correspond in the City's Classification Plan to a number as
reflected in the salary resolution.
(a) Executive Management: Executive Management positions are
classified as exempt and at -will.
(b) Full-time Exempt: Various executive, administrative, and professional
positions exempt from overtime requirements.
(c) Full-time Non -Exempt: Positions subject to overtime requirements
and working 40 hours per week.
(d) Hourly Benefited: Positions known as regular part-time or part time
working twelve (12) months per year and an average of twenty (20) or
more hours per week on a year-round basis. Benefits are provided to
regular part time employees on a pro -rated basis.
(e) Hourly Non -benefited: At -will positions in also known as either seasonal
or intermittent part-time. These employees are sometimes referred to as
"Temporary".
a. Seasonal Part-time: A position utilized up to 40 hours per week on
a seasonal or partial year basis, but not more that 1000 hours per
fiscal year. If an employee identified as seasonal part time works
more than 1,000 hours in a fiscal year he or she does not acquire
regular employee status.
b. Intermittent Part-time: An intermittent position is utilized an
average of 19.5 hours or less per week and no more than 1000
hours per fiscal year. If an employee identified as intermittent part-
time works more than 1,000 hours in a fiscal year he or she does
not acquire regular employee status.
Section 16. Layoff: The involuntary separation of a regular status employee or reduction
to a position in a lower classification because the position is no longer
needed.
Section 17. Personnel Ordinance: Ordinance Number 03 (2005) of the City of Diamond
Bar, or as amended from time to time thereafter.
Section 18. Probationary Period: A working test period during which an employee is
required to demonstrate his or her fitness for the duties to which he or she is
appointed by actual performance of the duties of the position. The
probationary period or initial period of employment is considered a part of the
examination process and shall be utilized for closely observing the
employee's work to determine the employee's fitness for the position.
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Section 19. Promotion: The movement of an employee from one class to another class
having a higher maximum rate of pay and different job duties from the
previous class.
Section 20. Provisional Appointment: A temporary appointment of a person who
possesses the minimum qualifications established for a particular class, and
who has been appointed to a position in that class in the absence of
available eligibles. This is sometimes referred to as an "Interim
Appointment".
Section 21. Reclassification: The change of a position from one class to another as a
result of the gradual accretion or reduction of duties and/or responsibilities
over time.
Section 22. Regular Employee: An employee in the competitive service who has
successfully completed his or her probationary period and has been retained
as an employee.
Section 23. Regular Part -Time Employee: An employee in the competitive service who
has successfully completed his or her probationary period and is eligible for
pro -rated benefits. Sometimes referred to as "Hourly Benefited".
Section 24. Resection: The separation of an employee from employment during the
probationary period or examination process.
Section 25. Reinstatement: The re-employment, without examination, of a former
regular employee.
Section 26. Temporary Employee: An at -will employee who has been appointed to a full
time or part time position of limited duration.
Section 27. Transfer: A change of an employee from one position to another position in
the same class or another class having the same maximum salary limits,
involving the performance of similar duties and responsibilities and requiring
the same qualifications.
Section 28. Y Rate: When an employee is moved to a different class with a lower salary
range, the employee will retain his/her current salary until the salary of the
new class has a maximum salary rate which is equal to or higher than the
current salary.
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RULE III
GENERAL PROVISIONS
Section 1. Discrimination Prohibited: No person employed by the City of Diamond Bar or
seeking employment with the City, shall be discriminated against in recruitment,
examination, appointment, training, promotion, retention, discipline, or any other
aspect of personnel administration because of race, color, religion, national
origin, ancestry, marital status, sex, age, physical or mental disability, sexual
orientation, political or religious opinions or affiliations, taking of Family Medical
Leave Act (FMLA) or pregnancy disability leave, religious creed, medical
condition, or any other characteristic protected by law.
Section 2. Nepotism Prohibited:
(a) Relatives of those listed below may not be employed anywhere in the City
organization:
1. City Council members;
2. Standing Board and Commission members;
3. Management Team Members of the City;
4. Employees of the City Manager's Department; or
5. Employees of the Human Resources Department.
(b) The employment of a relative within a department is prohibited when
they:
1. Perform joint duties;
2. Share responsibility or authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
(c) For business reasons of supervision, safety, security or morale, the City
may refuse to place one spouse or domestic partner under the direct
supervision of the other spouse or domestic partner.
(d) For business reasons of supervision, safety, security or morale, the City
may refuse to place both spouses or domestic partners in the same
department, division, or facility if the work involves potential conflicts of
interest or other hazards greater for married couples than other persons.
(e) "Relative" means child, stepchild, parent, grandparent, grandchild, brother,
sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law,
brother-in-law, sister-in-law, domestic partner, or other individual related
by blood or marriage.
(f) "Employee" means any person who receives a City paycheck for services
rendered to the City.
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(g) For business reasons, these sections shall be enforced to address the
marriage of employees in the City's employment, within six (6) months of
said marriage or the establishment of the Domestic Partnership.
(h) Exceptions to this section may be made by the City Manager. Any appeal
of the enforcement of this section shall be to the City Manager.
Section 3. Political Activity Prohibited: City employees shall not engage in political
activities in violation of Government Code section 3201 et seq. No one
employed by the City may engage in political activities on City premises, while
engaged in official duties, using City equipment, or wearing an official City
uniform.
Section 4. Outside Employment: No employee may hold outside employment that is
incompatible with his/her City employment. Each regular employee who holds
any other position in addition to City employment shall complete a Request for
Approval of Additional Employment form and return it to the department head for
signature and then to the City Manager or designee for approval. Employees
who hold more than one position with the City must also complete a form.
The approval of outside employment must be renewed each January.
Employees who accept new outside employment will be expected to submit the
form at the time of employment.
Section 5. Multiple Positions Held: Employees who hold more than one position with the
City must complete a Request for Approval of Additional Employment Form.
Section 6. Employee Duties: Employees are required to carry out the primary duties and
responsibilities of their employment.
Section 7. Violation of Rules: Violation of the provisions of these rules shall be grounds for
disciplinary action.
Section 8. Amendment and Revision of Rules: Amendments and revisions to these rules
must be recommended by the City Manager and approved by the City Council.
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RULE IV
CLASSIFICATION
Section 1. Classification Plan: The City of Diamond Bar has established a classification
plan. The plan consists of classes of positions in the City service defined by
class specifications, including title, definition of the position, supervision
received and exercised, a description of the duties and responsibilities of
positions in each class, and the training, experience, and other qualifications
to be required of applicants for positions in each class. The classification
plan is maintained so that all positions substantially similar with respect to
duties, responsibilities, authority, and character of work are included within
the same class and allocated to the same schedules of compensation.
Section 2. Adoption, Amendment, and Revision of Plan: The classification plan may be
amended from time to time by resolution of the City Council. Amendments
and revisions of the plan shall be approved by the City Council.
Section 3. New Positions: When a new position is created and the position is filled the
classification plan must be amended and an employment eligibility list
established, before an appointment is made, unless the position is filled by a
promotional appointment.
Section 4. Classification Studies: Classification study requests shall be submitted by
the Department Director to the Human Resources for review in order to
determine if the duties and responsibilities of the position have substantively
changed, have become inequitably aligned in relation to other classifications
within the City service, and/or are otherwise incorrectly designated. Upon
receiving approval from the City Manager, a classification study shall be
conducted and the position may be reclassified to a more appropriate class,
whether new or already created, at a higher or lower maximum salary level.
After conducting a classification analysis of the position(s) authorized for
study, the City Manager will recommend classification changes, if any, to the
City Council for approval.
Section 5. Qualifying Examination: A reclassification with a title change that results in a
salary increase above the old classification may require of the incumbent a
qualifying examination to determine whether or not the incumbent possesses
the minimum qualifications for the new class. The method for the qualifying
examination shall be determined by the appointing authority. An incumbent
proposed for a reclassification who does not pass the qualifying examination
shall retain his or her original title and class until such time as he or she does
pass the qualifying examination.
An employee whose position is being reclassified upward and who has
previously passed the examination for the position within the last two years,
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and whose name appears on an employment eligibility list for such a
position, need not take a qualifying examination.
Section 6. Y -Rate: When a reclassification results
the incumbent, the incumbent shall be
has earned up to that time.
in a lower maximum rate of pay for
"Y -Rated" at the salary level he/she
RULE V
COMPENSATION
Section 1. Compensation Plan: The City has
classes of positions in the City service,
rates of pay.
established a pay plan covering all
showing the minimum and maximum
Section 2. Amendment of Plan: The compensation plan may be amended from time to
time by action of the City Council.
Section 2a. Comprehensive Compensation Survey: A Comprehensive Compensation
Survey will be conducted every three (3) years to assure that the City's jobs
are paid equitably against the labor market equal to the median of the
survey. The Survey will utilize benchmark job classifications and include
labor market comparisons of the established survey cities.
Section 3. Salary upon Initial Hire: Department Heads shall have the discretion to place
the employee at the A, B, or C step of the salary range of the classification
into which the employee is hired. All employees placed at any step beyond
the C step of the salary range of the classification into which the employee is
hired will be at the discretion of the City Manager.
Section 4. Merit Step Advancement: After six (6) months employment as a probationer
an employee is eligible to advance to the next salary step if their
performance evaluation shows performance of satisfactory or above and
advancement is approved by the Department Head. Upon successful
completion of twelve (12) months probationary employment and a
satisfactory or above performance evaluation as approved by the
Department Head, the employee will be eligible for advancement to the next
salary step. Each year thereafter and with a satisfactory or above
performance evaluation as approved by the Department Head, the employee
will be eligible for advancement to the next salary step.
Section 5. Merit Step Advancement for Intermittent and Seasonal Part-time
Employees: After one year of employment consisting of a minimum of five
hundred (500) hours an employee is eligible to advance to the next step if his
or her performance evaluation shows performance of satisfactory or above
and advancement is approved by the Department Head or Division Manager.
An employee is eligible for a step increase on his or her second anniversary
of his or her hire date or last step increase if he or she has not worked 500
hours since his or her hire date or the date of his or her last step increase.
Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a
step increase and an evaluation has not been completed, when the
evaluation is completed, if it is satisfactory or above, the employee will
receive the annual increase retroactively. Performance evaluations and
Annual Work Plans will be tracked by the Human Resources Division. A
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step increase pending a performance evaluation may be given at the
discretion of the City Manager.
Section 7. Amount of Merit Step Adjustments: Merit step adjustments are in
approximately five percent (5%) increments to the maximum of the salary
range. An employee may be given multiple step increases, not to exceed
two (2) at any one time, at the recommendation of the Department Director
of Division Manager and at the discretion of the City Manager.
Section 8. Merit Step for Employees on Leave: Eligibility for the merit step
advancement may be extended for an employee on an approved leave of
absence until the employee has completed the appropriate length of service.
Section 9. Effective Date of Increase: Merit increases shall be effective the first day of
the pay period following the approved effective date.
Section 10. Salary on Promotion: An employee promoted to a classification having a
greater maximum salary will be placed on the lowest step of the new range
that results in not less than a five percent (5%) increase above the
employee's current regular salary. Upon recommendation of the Department
Director and approval of the City Manager, the employee may be placed at a
higher step.
Section 11. Salary on Demotion: An employee who is demoted will be placed within the
salary range for the class into which demoted. The salary will be set at the
step which is lower and closest to the salary the employee was receiving
before the demotion.
Section 12. Salary on Reclassification: An employee who is reclassified will receive the
salary set forth below.
(a) If reclassified to a classification with the same salary range, the salary
will not change.
(b) If reclassified to a classification with a higher salary range, the salary
will be determined in the same manner as a promotion.
(c) If reclassified to a classification with a lower salary range, the
employee will be Y -rated.
Section 13. Pay Periods: The compensation to all officers and employees of the City
shall be paid biweekly. Checks or electronic transfers in payment for
compensation will be made available by the City to employees and officers of
the City on the Friday succeeding the close of the pay period. In the event
that pay day falls on a holiday payment will be made on the last work day
preceding the holiday.
Section 14. Bilingual Pay: Employees who are requested by the City to use bilingual
skills during their scheduled work hours on a recurring basis to further the
business interests of the City shall receive a bilingual premium pay
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differential in addition to their regular pay. (Reference: Administrative Policy
P-7, Bilingual Pay Policy.)
Section 15. Overtime:
(a) As a matter of general policy, the City does not permit employees to
work overtime and will provide adequate staff to handle normal
operations. However, non-exempt employees may be required to
work overtime at the discretion of the Department Director or Division
Manager.
(b) Overtime for non-exempt employees is defined as hours assigned to
be worked and actually worked in excess of forty (40) hours actually
worked in the designated work week.
(c) Non-exempt employees working overtime when not expressly
authorized to do so, shall, to the extent authorized by law, not be
compensated therefore and shall be subject to discipline.
(d) Overtime assigned and worked by non-exempt employees shall be
compensated at time and one half their regular rate of pay. The
employee may request, and the Department Director or Division
Manager shall have the unrestricted discretion to approve or not
approve compensation in the form of accrued compensatory time at
time and one-half pay, except an employee may not accrue more than
forty (40) hours compensatory time at any time.
(e) If a non-exempt employee is required to work on an observed holiday
beyond the regular forty (40) hour work week, he or she shall be
entitled to pay at the rate of two (2) times the regular rate of pay.
(f) Employees who are exempt from the Fair Labor Standards Act (FLSA)
are compensated on a salary basis and are not eligible for overtime.
(Reference: Administrative policy P-2; Overtime Policies and
Procedures)
Section 16. Call -Out Pay: Non-exempt full time and part time employees will be paid a
minimum of two (2) hours pay if called out to respond to a City emergency.
Call out occurs when an employee is ordered to return to duty on a non -
regularly scheduled work shift. Call out does not occur when an employee is
held over from his or her prior shift or is working prior to his/her regularly
scheduled shift.
Section 17. Acting Pay: An employee who is provisionally appointed to an acting or
interim position that is in a higher salary range than that of the class in which
the employee is normally assigned shall receive acting compensation.
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(a) Acting pay shall be provided only for appointments with duration
greater than twenty-one (21) consecutive calendar days and shall be
retroactive to the effective date of the acting appointment and
continue until completion of appointment.
(b) Such acting appointments shall be made in writing by the City
Manager with a copy to the Human Resources Division.
(c) Compensation shall be at the entrance salary step of the higher range
or the step within the higher salary range, which would provide a
minimum of five percent (5%) higher than the employee receives,
whichever is greater.
Section 18. Cost of Living Adjustment (COLA): At the adoption of the City's annual
budget, a request by the City Manager may be made to the City Manager
may be made to the City Council to provide a cost of living adjustment to the
City's employees' compensation. The COLA is the annual Consumer Price
Index (CPI) percentage as issued by the Department of Labor, Bureau of
Labor Consumer Price Index for Urban Wage Earners and Clerical Workers
Los Angeles -Riverside -Orange Counties, California for year ending March of
the current year. The City Council has the sole discretion to adopt or modify
the request at any time.
INNS
RULE VI
HOURS OF WORK
City employees may be assigned to work eight (8) hours a day five (5) days a week or assigned
to the 9/80 flex plan under which they will work eighty (80) hours in a nine (9) day period.
Section 1. The 9/80 Plan: Generally employees work nine (9) hours Monday through
Thursday and eight (8) hours every other Friday, exclusive of meal period or nine
(9) hours Tuesday through Friday and eight (8) hours every other Monday.
Section 2. Five Day Work Week: Generally employees work eight (8) hours per day Monday
through Friday, exclusive of meal period.
Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours
other than those set forth in Section 1 or Section 2.
Section 4. Work Week Defined: The work period or work week will begin at 12:01 p.m. on
Friday and end the following Friday at 12:00 noon for all full time employees
working under the 9/80 work schedule if the employee is scheduled to be off every
other Friday. If the employee is scheduled to be off every other Monday, the work
period will begin at 12:01 p.m. on Monday and end the following Monday at 12:00
noon.
For employees working five (5) days a week, the work week or work period means,
a consecutive, seven (7) day period that begins at 12:01 a.m. on Sunday and ends
at 12:00 p.m. on Saturday.
Section 5. Work Week Schedule Change: The City may change the work week when public
necessity or convenience so requires.
Section 6. Request to Change Schedule: Employees for whom personal necessity requires a
different schedule than above, may make a request for the alternate schedule to the
Department Director or Division Manager. If the Department Director or Division
Manager agrees with the request, the request will be submitted to the City Manager
for final approval. Alternate schedules must begin no earlier than 7:00 a.m. and
end no later than 6:00 p.m. and will not include a shorter meal period than below.
Section 7. Meal Period: Meal periods are non -paid and nonworking time and shall be one
hour for all full time employees. Every effort will be made to schedule such meal
period during the middle of the shift.
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1
RULE VII
APPLICATIONS AND APPLICANTS
Section 1. Announcement: All examinations for classes in the competitive service shall
be publicized by posting announcements in City Hall, on official bulletin
boards, or by such other means as the City deems advisable. The
announcements shall specify the title and pay of the class for which the
examination is announced, duties and responsibilities of the work to be
performed, minimum requirements established, the manner of making
application, and other pertinent information.
Section 2. Application: Applications shall be made as prescribed on the examination
announcement. Application forms shall require information covering training,
experience, and other pertinent information. All applications must be signed
by the person applying.
Section 3. Disqualification: The City Manager's designee may reject any application
which indicates on its face that the applicant does not possess the minimum
qualifications required for the position or for any material cause which, in the
judgment of the City Manager's designee would render the applicant
unsuitable for the position. Falsification of any information presented on the
employment application shall be grounds for rejection/disqualification from
the recruitment and/or termination from employment, if applicant is appointed
to the position.
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RULE VIII
EXAMINATIONS
Section 1. Types of Examinations: The selection techniques used in the examination
process shall measure the knowledge and abilities of the applicants to execute
the duties and responsibilities of the class to which they seek to be appointed.
Examinations shall consist of selection techniques which will test fairly the
qualifications of candidates. The City Manager or designee may select the
appropriate examination(s) to be utilized in the selection process.
Section 2. Promotional Examinations: All candidates for promotion must meet the
minimum qualifications identified by the appointing authority.
The appointing authority will determine whether the examination is open
competitive or a promotional appointment.
Section 3. Continuous Examinations: Open -competitive examinations may be
administered periodically for a single class as the needs of the service require.
Names shall be placed on employment lists, in order of final scores, for a period
of not more than one (1) year, unless extended by the City Manager's designee.
Section 4. Conduct of Examinations: The City Manager's designee will determine the
manner and methods and by whom examinations shall be prepared and
administered.
Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified applicant
who is disabled request a reasonable accommodation for any part of the testing
process the City may modify the process to reduce or eliminate the testing
barrier.
Section 6. Post Offer Physical Examinations and Background Investigations: As a condition
of an offer of City employment all candidates must successfully pass a post -offer
physical which may include a substance abuse examination and are subject to
fingerprinting and a background investigation. Candidates being considered for
employment will be sent to a City authorized physician at the City's expense.
Section 7. Immigration Reform and Control Act of 1986: In compliance with the
Immigration Reform and Control Act f 1986, all new employees must very
identity and entitlement to work in the United States by providing required
documentation.
Section 8. Notification of Selection Process Results: Each person competing in an
employment selection process shall be given notice of placement or non -
placement on the employment eligibility list.
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' RULE IX
EMPLOYMENT ELIGIBILITY LISTS
1
Section 1. Employment Eligibility Lists. As soon as possible after the completion of an
examination, the City Manager's Designee will prepare and keep available, an
employment eligibility list consisting of the names of applicants who qualified in
the examination, arranged alphabetically.
Section 2. Duration of Lists: Employment eligibility lists, other than those from a
continuous examination, shall remain in effect for one (1) year, unless
exhausted sooner, and may be extended or abolished, prior to their expiration
dates, by action of the City Manager's Designee, but in no event shall an
employment eligibility list remain in effect for more than two (2) years.
Section 3. Removal of Applicants from Lists: The name of any person appearing on an
employment eligibility list shall be removed by the City Manager's designee if
the person eligible requests in writing that his or her name be removed, fails to
respond to a notice mailed to his or her last known address, or has been
certified for appointment and has not been appointed.
Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the
appointment of a person whose name is on an employment eligibility list for the
same position or a position in the same classification.
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RULE X
METHOD OF FILLING VACANCIES
Section 1. Types of Appointment: Except as otherwise provided herein, all vacancies in
the competitive service shall be filled by re-employment, transfer, voluntary
demotion, promotion or from eligibles certified by the City Manager's designee
from an appropriate employment eligibility list.
Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department
Director or Division Manager shall submit a request to the City Manager's
Designee for authorization to fill the position. The City Manager's Designee
shall advise the Department Director or Division Manager as to the availability of
candidates from reemployment lists, requests for transfer, or demotion of eligible
candidates on an employment or promotional list. The City Manager's Designee
may hold a new examination and establish a new employment eligibility list, if
requested.
Section 3. Appointment: After interview, the Department Director or Division Manager shall
recommend an employment offer to be made by the City Manager's Designee.
The City Manager's Designee shall thereupon notify the person of the
conditional offer of appointment, subject to passing a required medical
examination and all background investigations.
Section 4. Veterans Preference: If candidates are identically qualified for appointment, the
appointment will be offered to the candidate who is a veteran.
Section 5. Temporary Assignments: Employees may be temporarily assigned higher or
lower duties without a change in pay. Such action shall not be deemed as a
transfer, demotion, promotion, or reclassification. In all cases where periodic or
regular variations in assignments occur because of seasonal needs, the
temporary change of duties or a change of the work schedule, of such variations
shall be considered as incidental to the position.
Section 6. Extended Assignment to Vacant Higher Position: Employees assigned to
perform duties in a vacant higher level regular position in excess of twenty-one
(21) consecutive calendar days as authorized by the City Council shall be
entitled to a salary rate increase to the higher level for the time actually worked
in the assignment. (See Rule V, Section 17, Acting Pay.) The duration of such
assignment to a vacant higher position shall not exceed one (1) year. It is the
responsibility of the Department Director or Division Manager to request such
salary rate increase to the City Manager's Designee for approval.
Section 7. Vacancies Outside the Competitive Service: Vacancies outside the competitive
service (e.g., executive positions, seasonal part time, intermittent part time) will
be filled by a process deemed appropriate by the City Manager's Designee.
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' RULE XI
PROBATIONARY PERIOD
1
Section 1. Probationary Period: Upon initial and promotional appointment to a position in
the competitive service an employee must serve a probationary period of one
year of actual and continuous service. Periods of time on paid or unpaid leave
excluding five (5) days (consecutive or not) automatically extends the
probationary period by the number of days the employee is on leave. The City
Council may, by resolution, establish a longer probation period for a specified
class prior to the time of appointment.
Section 2. Purpose of Probationary Period: During the probationary period, the supervisor
shall review, examine, and monitor the conduct, capacity, efficiency, skill,
responsibility, integrity, and effectiveness of an employee to determine whether
the employee is fully qualified for employment in the classification and position
to which the employee has been appointed.
Section 3. Extension of Probationary Period: The probationary period may be extended by
the Department Director or Division Manager for a period up to six (6) months by
written notice to the employee prior to the expiration of the original probationary
period.
Section 4. Reduction of Probationary Period: The probationary period may be shortened by
the authority of the City Manager.
Section 5. Rejection During Probation: At any time during the probationary period an
employee may be rejected from employment without cause and without right of
appeal.
Section 6. Resection During Probation From a Promotional Position: A promoted employee
who has attained regular status in another classification of City employment who
does not successfully complete the probationary period in the promoted class
shall be returned to the former classification or a comparable classification
without right to review or appeal unless terminated for cause.
Section 7. Use of Leave During Probation: Authorized use of accrued sick leave may be
used any time by the probationary employee during the probationary period.
Vacation leave, Administrative Leave, and Floating Holiday hours are accrued
during the probationary period, but shall be available for use upon completion of
six (6) months of service unless otherwise approved by the City Manager.
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RULE XII
ATTENDANCE AND LEAVES
Section 1. Attendance: Full time employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and leave.
Absence of any employee without leave may result in disciplinary action,
including discharge.
Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment, to a
leave of absence with pay for the recreation and well being of the employee. If
an employee has exhausted sick leave, vacation may be used for sick leave
upon request of the employee and with approval of the Department Director or
Division Manager.
(a) Employees shall accrue, on a pro -rata basis, vacation leave for
completed pay periods. Such vacation allowance shall be available for
use on the first day following the pay period in which it is earned;
however, vacation allowance shall be available for use after the
completion of six (6) months by a probationary employee.
(b) Maximum Accrual: Vacation leave may be accrued to a maximum of 360
hours. Once the 360 hour maximum accumulation is reached, no further
vacation leave shall accrue until the employee reduces the accumulation
below the maximum.
(c) Waiver of Maximum Accrual: A waiver must be requested by the
Department Director or Division Manager and approved by the City
Manager, for a period not to exceed thirteen (13) pay periods per fiscal
year. If at the end of the waiver period the maximum accrual amount is
exceeded, vacation accrual for the affected employee will stop. No
further vacation time will be accrued until the employee's vacation leave
balance is below the maximum accrual amount. In the event that the
failure to utilize vacation past the thirteen pay period waiver is due to the
City's inability to allow an employee to take vacation (as opposed to an
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Annual
Length of Service from
Vacation
Accrual
Benefit Date
Allowance
Rate
On employment through
3.08 hours
59 months
80 hours
per pay
period
60 months through
4.62 hours
119 months
120 hours
per pay
period
6.15 hours
120 months and up
160 hours
per pay
period
(b) Maximum Accrual: Vacation leave may be accrued to a maximum of 360
hours. Once the 360 hour maximum accumulation is reached, no further
vacation leave shall accrue until the employee reduces the accumulation
below the maximum.
(c) Waiver of Maximum Accrual: A waiver must be requested by the
Department Director or Division Manager and approved by the City
Manager, for a period not to exceed thirteen (13) pay periods per fiscal
year. If at the end of the waiver period the maximum accrual amount is
exceeded, vacation accrual for the affected employee will stop. No
further vacation time will be accrued until the employee's vacation leave
balance is below the maximum accrual amount. In the event that the
failure to utilize vacation past the thirteen pay period waiver is due to the
City's inability to allow an employee to take vacation (as opposed to an
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employee's delay and/or failure to request vacation time off), the
employee may, with City Manager authorization, continue to accrue
vacation.
(d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave
accumulation is reached, the employee is eligible to receive at their
request, a one time per year "cash out" payment for up to 80 hours of the
accrued vacation leave provided he or she has used 80 hours of his or
her accrued vacation leave during the previous twelve months. The
"cash out" value is at the employee's current rate of pay regardless of the
rate at which the vacation leave hours were earned.
(e) The minimum charge against accumulated vacation leave shall be fifteen
(15) minutes or multiples thereof. Vacation leave shall be compensated
at the employee's base rate of pay.
(f) The time during a calendar year at which an employee may take his or
her vacation shall be determined by the Department Director of Division
Manager with due regard for the wishes of the employee and particular
regard for the needs of the City.
(g) All vacation leave requests shall be made with as much advance notice
as possible, and prior approval must be given by the employee's
supervisor and Department Director or Division Manager. When
circumstances warrant and advance notice is impractical, Department
Directors or Division Managers may approve the use of vacation leave for
emergency absences. If an employee does not request time off in
advance and simply does not show up for work, the Department Director
or Division Manager may deny the use of vacation time or any leave
accruals, and said employee may be subject to disciplinary action.
(h) When a fixed holiday falls within a vacation period, the holiday time shall
not be charged against an employee's earned vacation benefits.
(i) Employees who terminate or retire shall be paid for all accrued vacation
leave earned at their base rate of pay at the time of their separation of
employment.
(j) Exempt employees, for the purpose of accrual, shall be credited with
previous municipal experience, up to five (5) years of full-time service.
(k) Employees on Unpaid Leave: Employees on Unpaid Leave do not
accrue Vacation Leave.
(1) Employees not Eligible for Vacation: Temporary (working less than 1,040
hours), emergency, seasonal part time, and intermittent part time do not
accrue Vacation Leave.
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(m) Prorated Benefits: Regular part time employees receive prorated
Vacation Leave.
Section 3. Sick Leave: Sick Leave is defined as the authorized absence from duty of an
employee because of physical or mental illness, injury, pregnancy, confirmed
exposure to a serious contagious disease, or for a medical, optical, or dental
appointment. Sick leave may also be taken to care for a member of the
immediate family who requires the attention of the employee, for a maximum of
forty-eight (48) hours per calendar year. Sick leave shall not be considered as a
privilege which an employee may use at his/her discretion, but shall be allowed
only in case of necessity and actual sickness or disability.
(a) Accrual: Employees shall accrue sick leave for each payroll period
completed, prorated on the basis of eighty (80) hours per year, or 3.08
hours per pay period. Sick leave shall be available for use the first day
following the payroll period in which it is earned.
(b) Minimum Use: The minimum charge against accumulated sick leave
shall be fifteen (15) minutes or multiples thereof. Approved sick leave
with pay shall be compensated at the employee's base rate of pay.
(c) Proof of Illness: The Department Directors or Division Manager may
require a physician's certificate.
(d) Notification: In order to receive compensation while absent from duty on
sick leave, the employee must notify his/her immediate supervisor or
Department Director or Division Manager prior to, or within two (2) hours
after the time set for the beginning of his/her regular duties. The
Department Director or Division Manager may request a certificate
issued by a licensed physician or other satisfactory proof of illness
before sick leave is granted.
(e) Violations: Violation of sick leave privileges may result in disciplinary
action when in the opinion of the Department Director or Division
Manager, the employee has been excessively absent or has abused
such privileges. Employees who do not call in within two (2) hours of the
start of their assignment may be denied use of sick leave.
(g) Sick Leave Payout: Each full time employee shall be paid annually for
all accrued sick leave in excess of the maximum allowable accumulation
of two hundred (200) hours at a rate of one-half (1/2) the employee's
current wage at the time of payment. Said payment is to be made during
the month of December, or at such other time as the City Manager may
determine, at his/her absolute discretion, as appropriate. After five (5)
years of service, when an employee retires, resigns or terminates in
good standing, that employee will be paid all accumulated Sick Leave at
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a rate of one-half (1/2) of the employee's current rate of pay at his or her
date of separation.
(h) Use of Family Sick Leave: Use of family sick leave shall be limited to
half the yearly sick leave entitlement in any one (1) year period. The
amount of sick leave available is limited to what the employee accrued
prior to utilizing sick leave for this purpose. Sick leave taken for this
purpose shall be allowed only in the case of necessity of and actual
illness of an employee's child, parent, or spouse or domestic partner as
determined by the City Manager. In order to receive sick leave with pay
for this purpose, the employee shall notify the Department Head prior to
or within two (2) hours after the start of the employee's scheduled work
shift. The City Manager may, if he/she deems necessary, require the
employee to file a Physician's Certificate (regarding the illness of the
employee's child, parent, spouse, or domestic partner) or an Affidavit
stating the cause of absence. Use of sick leave under this section shall
not extend the maximum period of leave to which an employee is entitled
under Family and Medical Leave.
(i) Employees on Unpaid Leave: Employees on unpaid leave do not accrue
Sick Leave.
Q) Seasonal and Intermittent Part Time Employees: Seasonal and
intermittent part time employees do not accrue Sick Leave.
(k) Part-time regular employees: Part time regular employees accrue
prorated sick leave.
Section 4. Occupational Injury or Illness Leave: Whenever a person is compelled to be
absent from employment with the City on account of injury or illness arising out
of or in the course of that employee's employment as determined by the
Workers' Compensation Act, the employee may elect to apply pro -rated accrued
sick leave, if any, to such absence to receive compensation of an amount of the
difference between the compensation received under the Workers'
Compensation Act and that of the employee's regular pay, not to exceed the
amount of the employee's earned sick leave. An employee, in such instance,
may also elect to use any earned vacation time in like manner after sick leave is
exhausted. An employee, in such instance, may also elect to use any earned
Administrative Leave and Floating Holiday hours in like manner after sick leave
and earned vacation time is exhausted. Employees shall receive full salary in
lieu of Workers' Compensation benefits and paid sick leave for the first twenty-
four (24) hours following an occupational injury or illness, if authorized absence
is by order of an accepted physician under the Workers' Compensation sections
of the California Labor Code.
Section 5. Bereavement Leave: When circumstances are such and the City Manager
determines that conditions warrant, twenty-four (24) hours of paid bereavement
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leave may be used per occurrence in the event of death of a spouse, domestic
partner, child, brother, sister, parent, parents -in-laws, or grandparent of a full
time employee. With City Manager approval, up to an additional sixteen (16)
hours of sick leave may be used to supplement bereavement leave.
In the event of the death of other relatives and with City Manager approval,
twenty-four (24) hours of Sick Leave may be used per occurrence for the death
of aunts, uncles, or other individuals related by blood or marriage.
Section 6. Jury Duty and Witness Leave: If a regular full time employee is required to
serve as a juror, such employee shall receive regular pay while actually
performing jury service. Amounts received by such employee as payment for
service as a juror except mileage paid to the employee need to be reimbursed to
the City. Part time regular employees shall receive prorated pay based on the
hours they were scheduled to work. Employees will be required to provide a
Jury Duty Certification form to their supervisor, to be attached to their time sheet
for that time period.
Employees shall be granted leave with pay when subpoenaed to testify as a
witness other than as a party or an expert.
Employees absent from work due to jury duty or witness leave must daily notify
their immediate supervisor or department head of the status of their leave.
Section 7. Administrative Leave: FLSA exempt employees are allowed eighteen (18)
hours of administrative leave per fiscal year. Department Directors are allowed
forty-five (45) hours of Administrative Leave per fiscal year and designated
Division Managers are allowed thirty-six (36) hours of Administrative Leave per
fiscal year. Additional hours of leave may be authorized by the City Manager,
based on the number of total hours the individual works over and above forty
(40) hours per work week.
Administrative Leave may be accumulated and carried over to the following year
for a maximum of two (2) years. Administrative leave must be used by June 30
of the second fiscal year. If not used, the exempt employee will cease accruing
Administrative Leave for the following year. Requests must be approved by the
immediate supervisor and the City Manager. Use of Administrative Leave will
be authorized at the convenience of the City and the work schedule.
Section 8. Family and Medical Leave:
(a) Statement of Policy: To the extent not already provided for under current
leave policies and provisions, the City will provide family and medical
care leave for eligible employees as required by state and federal law.
(b) Definitions:
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1
1
(1) 12 -Month Period means a rolling 12 -month period
measured backward from the date leave is taken and
continuous with each additional leave day taken.
(2) Child means a child under the age of 18 years of age, or 18
years of age or older who is incapable of self-care because
of a mental or physical disability. An employee's child is one
for whom the employee has actual day-to-day responsibility
for care and includes, a biological, adopted, foster or step-
child, legal ward, or a child of a person standing in loco
parentis.
(3) Parent means the biological parent of an employee or an
individual who stands or stood in loco parentis (in place of a
parent) to an employee when the employee was a child.
This term does not include parents-in-law.
(4) Domestic Partner means a person as defined in the Family
Code.
(c) Reasons For Leave: Leave is only permitted for the following
reasons:
(1) The birth of a child or to care for a newborn of an employee;
(2) The placement of a child with an employee in connection
with the adoption or foster care of a child;
(3) Leave to care for a child, parent, or spouse who has a
serious health condition; or
(4) Leave because of a serious health condition that makes the
employee unable to perform the functions of his/her
position.
(d) Employees Eligible For Leave
An employee is eligible for leave if the employee:
(1) Has been employed for at least 12 months; and
(2) Has been employed for at least 1,250 hours during the 12 -
month period immediately preceding the commencement of
the leave.
(e) Amount of Leave: Eligible employees are entitled to a total of 12
workweeks of leave during any 12 -month period.
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(1) Minimum Duration of Leave: If leave is requested for the
birth, adoption or foster care placement of a child of the
employee, leave must be concluded within one year of the
birth or placement of the child. In addition, the basic
minimum duration of such leave is two weeks. However, an
employee is entitled to leave for one of these purposes
(e.g., bonding with a newborn) for at least one day, but less
than two weeks duration on any two occasions.
If leave is requested to care for a child, parent, spouse, 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 complied with.
(2) Spouses Both Employed by the City: In any case in which
a husband and wife both employed by the City are entitled
to leave, the aggregate number of workweeks of leave to
which both may be entitled may be limited to 12 workweeks
during any 12 -month period if leave is taken for the birth or
placement for adoption or foster care of the employees'
child (i.e., bonding leave). This limitation does not apply to
any other type of leave under this policy.
(f) Employee Benefits While On Leave: Leave under this policy is
unpaid. While on leave, employees will continue to be covered by
the group health insurance to the same extent that coverage is
provided while the employee is on the job.
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. The City shall have the right to recover
premiums through deduction from any sums due the City.
(g) Substitution of Paid Accrued Leaves: While on leave under this
policy, as set forth herein, an employee may elect to concurrently
use paid accrued leaves. Similarly, the City may require an
employee to concurrently use paid accrued leaves after requesting
Family Medical Leave (FMLA) and/or California Family Rights Act
(CFRA) leave, and may also require an employee to use Family
w► .om
and Medical Care Leave concurrently with a non-FMLA/CFRA
leave which is FMLA/CFRA-qualifying.
(1) Employee's Right to Use Paid Accrued Leaves Concurrently
With Family Leave: Where an employee has earned or
accrued paid vacation, administrative leave, or
compensatory time, that paid leave may be substituted for
all or part of any otherwise unpaid leave under this policy.
As for sick leave, an employee is entitled to use sick leave
as set forth in Section 3.
(h) Medical Certification: Employees who request leave for their own
serious health condition or to care for a child, parent or a spouse
who has a serious health condition must provide written
certification from the health care provider of the individual requiring
care if requested by the City.
(i) Reinstatement Upon Return From Leave
(1) Right to Reinstatement: 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.
(2) 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.
(3) Fitness for Duty Certification: As a condition of
reinstatement of an employee whose leave was due to the
employee's own serious health condition that made the
employee unable to perform his/her job, the employee must
obtain and present a fitness -for -duty 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 9. California Paid Family Leave: California Paid Family Leave is a component of
State Disability Insurance (SDI). Unlike SDI, which partially covers employee
wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave
Insurance partially covers employee wage loss for individuals who need to care
for a seriously ill family member or bond with a new child. Benefits are available
for a maximum of six (6) weeks in a twelve (12) month period. Paid Family
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Leave and SDI are both administered by the Employment Development Division
(EDD) and funded entirely by mandatory payroll deductions.
Section 10. Pregnancy Disability Leave: An employee is eligible for six (6) weeks of unpaid
leave for a normal pregnancy, childbirth or related medical condition and up to
four (4) months when there is certification by a physician that there is a disability
due to the pregnancy, childbirth, or related medical condition.
(a) During the pregnancy disability leave time, paid leave may be charged to
accrued benefit time such as vacation, administrative leave and floating
holidays, at the employee's request. In addition, accrued sick leave may
be used at the employee's request, in accordance with Section 3.
(b) Health insurance benefits shall continue for the duration of the pregnancy
disability leave under the same conditions as if the employee had
continued employment. If the employee fails to return to work after the
period of leave to which the employee is entitled has expired, the City is
entitled to recover the premiums paid on behalf of the employee for
maintaining coverage.
(c) The City Manager may require the employee to file a physician's
certificate or personal affidavit and to provide reasonable notice of the
date the leave will begin and the estimated duration of the leave.
Section 11. Election Leave: If a full time employee does not have sufficient time outside of
working hours to vote at a statewide election, the voter may, without loss of pay,
take off enough working time, which when added to the voting time available
outside of working hours will enable the voter to vote. Regular part time
employees are eligible for election leave based upon hours scheduled to work.
No more than two (2) hours of the time taken off for voting shall be without loss
of pay. The time off for voting shall be only at the beginning or end of the
regular work shift, whichever allows for the greatest free time for voting and the
least time off from the regular working shift, unless otherwise mutually agreed
upon. The employee shall give the supervisor at least two working days' notice
that time off for voting is desired.
Section 12. School Visit Leave: Full time and regular part time employees are permitted to
use up to forty (40) hours of leave for the purpose of participating in their
children's school activities. Vacation or Floating Holiday Leave must be used for
this purpose, and the request for time off cannot exceed eight (8) hours in any
calendar month. In the event the employee has exhausted all accrued vacation
leave and floating holiday hours, leave without pay may be taken for this
purpose and all hour restrictions apply.
Section 13. Leave of Absence Without Pay: The City Manager may grant a regular
employee a leave of absence without pay for a period not to exceed one (1)
year. No such leave shall be granted except upon written request of the
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1
employee, setting forth the reason for the request. Approval will be in writing.
Upon expiration of a regularly approved leave or within a reasonable period of
time after notice to return to duty, the employee shall be reinstated in the
classification held at the time leave was granted. Failure on the part of an
employee on leave to report promptly at its expiration, or within a reasonable
time after notice to return to duty shall be cause for discharge. Such leave of
absence shall not be counted as a break in service for purposes of satisfying the
continuous employment requirement for vacation allowance.
(a) Department Directors may grant an employee leave of absence without
pay for a period not to exceed one (1) calendar week. Such leaves shall
be reported to the City Manager.
(b) An employee on leave of absence without pay does not accrue sick
leave, vacation time, or receive benefits while on leave. Such employee
does not lose or forfeit any sick leave or unpaid vacation time that had
been accumulated prior to the time being granted.
Section 14. Military Leave: Military leave shall be granted to City employees in accordance
with the provisions of current federal and state law.
Section 15. Political Leave: Political leave shall be granted to any employee who is
declared a candidate for public office subject to the provisions of Section 13:
Leave of Absence Without Pay.
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Section 1
Section 2
RULE XIII
HOLIDAYS
Holidays Observed: The City of Diamond Bar's observed paid holidays are as
follows:
1. New Year's Day (January 1)
2_ President's Day (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed the first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Sixteen (16) Floating Holiday Hours
Holidays which fall on Saturday shall be observed the preceding Friday and
holidays which fall on Sunday shall be observed on the following Monday. Paid
holidays are only for the observed days.
If an observed holiday falls on a nine (9) hour work day under the 9/80 work
schedule, those employees on the 9180 schedule shall receive nine (9) hours of
holiday pay and those employees on a traditional work schedule shall receive
eight (8) hours of holiday pay.
If an observed holiday falls on an eight (8) hour work day under the 9/80 work
schedule, those employees on the 9/80 schedule shall receive eight (8) hours of
holiday pay and those employees on the traditional work schedule shall receive
eight (8) hours of holiday pay.
Floating Holidays:
(a) Each full time employee is allowed sixteen (16) hours per calendar
year, January through December. Regular part time employees are
allowed prorated floating holiday hours per calendar year, January
through December based upon hours scheduled to work.
(b) Floating Holiday hours are not cumulative and must be used during
the above period or said employee will lose the allocated hours.
(c) Each employee must submit a request in advance, and approval must
be given by the employee's supervisor and Department Director.
(d) An employee is eligible to use floating holiday hours as they are
allocated.
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(e) Floating Holiday hours may be used in lieu of sick leave only if all
other benefit time has been exhausted.
Section 3. Eliqibility for Holidays: All employees are eligible for holidays except the
following:
(a) Seasonal and intermittent part time employees.
(b) Temporary employees.
Section 4. Prorated Holiday Pay: Regular part time employees shall receive prorated pay
for any holiday on which they are scheduled to work.
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RULE XIV
CHANGES IN EMPLOYMENT STATUS
Section 1. Transfer: An employee may be transferred by the City Manager at any time from
one position to another position in the same or comparable class. A comparable
class is one with essentially the same maximum salary limits, involves the
performance of similar duties and requires substantially the same basic
qualifications. If the transfer involves a change from the jurisdiction of one
supervising official to another, both must consent thereto unless the City Council
orders the transfer for purposes of economy or efficiency. Transfer shall not be
used to effectuate a promotion, demotion, advancement, or reduction, each of
which may be accomplished only as provided in these Rules. No person shall be
transferred to a position for which he/she does not possess the minimum
qualifications.
Section 2. Promotion: When practicable and consistent with the best interests of the City,
vacancies in the competitive service may be filled by promotion from within the
competitive service. All candidates for promotion must meet the minimum
qualifications identified by the appointing authority.
If, in the opinion of the City Manager or designee, a vacancy in the position could
be filled better by an open, competitive examination instead of a promotional
appointment, he/she shall arrange for an open competitive examination and for the
preparation and certification of an eligibility list.
Section 3. Demotion: The appointing authority may demote an employee whose ability to
perform his/her required duties falls below standard or a regular employee for
disciplinary cause. No employee shall be demoted to a position for which he/she
does not possess the minimum qualifications. Such action shall be subject to
appeal.
Section 4. Suspension: The appointing authority may suspend an employee at any time or a
regular employee for cause.
Section 5. Reclassification: The appointing authority may reclassify a position from one class
to another if there has been a gradual accretion or reduction of duties and/or
responsibilities over time.
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RULE XV
SEPARATION FROM EMPLOYMENT
Section 1. Job Abandonment: An employee is deemed to have resigned if the employee is
absent for three (3) consecutive workdays without prior authorization and without
notification during the period of absence. On the second working day of
unauthorized absence, the supervisor shall send a telegram or overnight letter to
the employee's last known address informing the employee that if the employee
fails to report to work within one (1) workday, or receive authorization for such
absence, the employee will be deemed to have resigned. Employees separated
from employment for job abandonment will be reinstated with such charge removed
from the employee's record upon presentation of justification for absence such as
severe accident, severe illness, false arrest, or mental or physical impairment which
prevented notification. Employees have no right to appeal if deemed to have
resigned as a result of job abandonment.
Section 2. Discharge: An at -will employee may be discharged at any time. An employee in
the competitive service may be discharged for cause at any time by the Department
Director. Any employee in the competitive service who has been discharged is
entitled to rights provided in Rule XVII.
Section 3. Lav -off: The City Manager may lay off an employee in the competitive service
because of change in duties or organization or shortage of work or funds.
(a) Notification: Employees to be laid off shall be given, whenever possible, at
least ten (10) calendar days prior notice.
(b) Order of Layoff: Employees shall be laid off in the inverse order of their
seniority in their classification in the department. Seniority shall be
determined based upon date of hire in the classification and higher
classifications in the department. A lay off out of the inverse order of
seniority may be made if, in the City's judgment, retention of special job skills
are required. Within each class, employees shall be laid off in the following
order, unless special skills are required: temporary, intermittent and seasonal
part-time, part time hired after October 18, 2005, probationary, part time
regular, full time regular.
In cases where there are two or more employees in the classification in the
department from which the lay off is to be made who have the same seniority
date, such employees shall be laid off on the basis of the last evaluation
rating in the class, providing such rating has been on file at least thirty (30)
days and no more than twelve (12) months prior to lay off, as follows:
a) First, all employees having ratings of "Needs Improvement or Does Not
Meet Expectations;"
b) Second, all employees having ratings of "Meets Expectations;"
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c) Third, all employees having ratings of "Consistently Exceeds
Expectations or Frequently Meets and Exceeds Expectations."
(c) Re-employment Rights for Laid -off Employees: Regular employees, who
have received a satisfactory or better evaluation for the twelve (12) months
prior to lay off, have completed their probationary period and who have been
laid off shall be automatically placed on a re-employment list for one year for
the classification from which they were laid off.
Section 4. Resignation: An employee wishing to leave the competitive service in good
standing shall file with the supervising official at least ten (10) working days before
leaving the service, a written resignation stating the effective date and reasons for
leaving. Failure to give such notice shall mean the employee did not terminate in
good standing, unless the City Manager has waived the two-week notice
requirement. Failure to comply with this rule shall be entered on the service record
of the employee and be cause for denying future employment by the City. A
resignation becomes final when accepted by the City Manager and cannot be
withdrawn.
Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been
separated while in good standing, may be considered for reinstatement, upon
recommendation of the department head and approval of the City Manager, to a
position in the former employee's same or comparable classification or a lesser
classification for a period of two (2) years after resignation or separation provided
such a position is vacant and available. The employee shall be reinstated to the
salary range and step held at the time of resignation or separation and shall receive
a new anniversary date which shall be the first date of employment upon
reinstatement. The employee will serve a new probationary period.
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RULE XVI
REPORTS AND RECORDS
Section 1. General: The City maintains a personnel file on each employee. An employee's
personnel file shall contain only material that is necessary and relevant to the
administration of the City's personnel program. Personnel files are the property of
the City, and access to the information they contain is restricted.
Section 2. Notifying City of Changes in Personal Information: Each employee is responsible to
promptly notify the employee's supervisor and the City Manager's designee of any
changes in relevant personal information, including
• Mailing address
• Telephone number
• Persons to contact in emergency
• Number and names of dependents
Section 3. Location of Personnel Files: The personnel files will be kept secure and
confidential by the person assigned the Human Resources function.
Section 4. Medical Information:
a. Separate Confidential Files. All medical information about an employee or
applicant is kept separately and is treated as confidential, in accordance with
federal and state law.
b. Information in Medical Files. The City will not obtain medical information about an
employee or applicant except in compliance with the California Confidentiality of
Medical Information Act. To enable the City to obtain certain medical information,
the employee or applicant may need to sign an authorization for release of
employee medical information.
C. Access to Medical Information. Access to employee or applicant medical
information shall be strictly limited to only those with a legitimate need to have such
information for City business reasons. In the case of an employee with a disability,
managers and supervisors may be informed regarding necessary restrictions on the
work or duties of the employee and necessary accommodations.
Section 5. References and Release of Information in Personnel Files:
a. Public Information: Upon request, the City will release to the public information
about its employees as required by the Public Records Act. The City will not
disclose personnel information that it considers would constitute an unwarranted
invasion of personal privacy.
b. Reference Checks: All requests from outside the City for reference checks or
verification of employment concerning any current or former employee must be
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referred to the City Manager's designee. Information will be released only if the
employee signs an authorization for release of employment information, except that
without such authorization, the following limited information will be provided: dates
of employment and salary upon departure. Managers and supervisors should not
provide information in response to requests for reference checks or verification of
employment, unless specifically approved by the City Manager on a case-by-case
basis.
Section 6. Employee Access to Personnel File.
(a) Inspection of File: An employee may inspect his or her own personnel file at
reasonable times and at reasonable intervals. An employee who wishes to
review his or her file should contact the City Manager's designee to arrange
an appointment. The review must be done in the presence of a Human
Resources staff member.
Section 7. Destruction of Records: Personnel files and payroll records shall be kept
permanently. Records relating to personnel recruitment, including correspondence,
applications, examinations, and reports may be destroyed after five (5) years.
(Reference: Records Retention Schedule)
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RULE XVII
GRIEVANCE PROCEDURES
Section 1. Definition:
(a) Grievance: Except as otherwise excluded, a "grievance" is a written
allegation by an employee, submitted as herein specified, claiming
violation(s) of the specific express terms of the Personnel Rules and
Regulations and for which there is no other specific method of review
provided by City law.
Disputes concerning the applicability of the Grievance Procedure that persist
through the third level shall be submitted for determination by a court, unless
the grievant and the City agree otherwise.
(b) Grievant: A grievant is an employee or group of employees adversely
affected by an act or omission of the City.
(c) Day: A day is any day the agency is open to the public, that is any day
except Saturdays, Sundays, and legal holidays recognized by the City.
(d) Exclusions:
1. The procedure is not to be used for the purpose of resolving
complaints, requests or changes in wages, hours and working
conditions.
2. The procedure is not to be used to challenge the content of employee
evaluations or performance reviews.
3. The procedure is not to be used to challenge the decision to
reclassify, layoff, deny reinstatement, or deny a step or merit increase
to an employee.
4. This procedure is not to be used in cases of oral reprimand, written
reprimand, reduction in pay, demotion, suspension, or termination.
5. This procedure is not to be used to challenge violation of law or past
practice.
6. This procedure is not to be used to challenge examinations or
appointment to positions.
Section 2. Procedure:
Step 1: Informal Discussion: The grievant shall discuss the grievance with
his/her immediate supervisor on an informal basis in an effort to resolve the
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grievance. The grievance will be considered waived if not presented to the
immediate supervisor within ten (10) working days following the day the
event occurred upon which the grievance is based. The immediate
supervisor shall respond within five (5) working days following the meeting
with the grievant. Failure of the immediate supervisor to respond within such
time limit shall entitle the grievant to process the grievance at the next step.
Step 2: First Level of Review: If the grievance is not settled at Step 1, the
grievant may submit the grievance in writing to his/her supervisor within five
(5) working days of the receipt of the grievance response at Step 1. Failure
of the grievant to deliver the written grievance shall constitute a waiver of the
grievance. The supervisor shall meet with the grievant and a written decision
and statement of facts and issues shall be rendered to the grievant within ten
(10) working days from the date of the written grievance. Failure of the
supervisor to respond within such time limit shall entitle the grievant to
process his/her grievance at the next level of review.
Step 3: Department Director or Division Manager Review (Second Level): If
the grievance is not settled at Step 2, the grievant may submit the grievance
to the Department Director or Division Manager within five (5) working days
of receipt of the Step 2 grievance response. Failure of the grievant to deliver
such written notice shall constitute a waiver of the grievance. The
department head shall meet with the grievant, and a written decision and
statement of facts and issues shall be rendered to the grievant and
representative, if any, within ten (10) working days from the date of service.
Failure of the Department Director or Division Manager to respond within
such time limit shall entitle the grievant to process the grievance at the next
level of review.
Step 4: City Manager Review (Final Level): If the grievance is not settled at
Step 3, the grievant may serve written notice of the grievance to the City
Manager within five (5) working days following receipt of the grievance
response at Step 3. Failure of the grievant to serve such notice shall
constitute a waiver of the grievance. The City Manager shall meet with the
grievant and a written decision and statement of facts and issues shall be
rendered to the grievant and representative, if any, within fifteen (15) working
days from the date of service. The City Manager's decision shall be final.
Section 3. Right of Grievant to Representation: The grievant has the right to be represented
by any person or attorney he/she may select during the various stages of the
grievance procedure.
Section 4. Reprisals: Employees shall be insured freedom from reprisal for using the
grievance procedure.
811.9
RULE XVIII
DISCIPLINE
Section 1. Types of Disciplinary Action:
(a) Oral Warning: A formal discussion with an employee, usually by the
employee's immediate supervisor, about performance or conduct problems,
the need for the employee to improve and what specific improvement is
expected. The employee's supervisor shall make a written record of the
warning.
(b) Written Reprimand: A formal written notice to the employee regarding
performance or conduct problems, the need for the employee to improve and
what specific improvement is expected. The written reprimand goes in the
employee's personnel file. The employee may respond in writing to the
written reprimand within fourteen (14) days. The response will be placed in
the personnel file with the written reprimand.
(c) Suspension: Removal of an employee from duty without pay for a specified
period.
(d) Reduction in Pay: A reduction in pay from the employee's current step within
a pay range to a lower step within that same pay range.
(e) Demotion: A reduction in status and salary from one classification to another
classification having a lower salary range.
(f) Dismissal or Discharge: Separation from employment of an employee for
cause.
Section 2. Grounds for Disciplinary Action Involving Regular Employees: Grounds for
discipline include, but are not limited to, the following:
(a) Fraud in securing employment or making a false statement on an application
for employment.
(b) Incompetency; i.e., the inability to comply with the minimum standard of an
employee's position for a significant period of time.
(c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties
required of an employee within his/her position.
(d) Willful disobedience or insubordination, a willful failure to submit to duly
appointed and acting supervision or to conform to duly established orders or
directions of persons in a supervisory position or insulting or demeaning a
supervisor or manager.
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(e) Dishonesty.
(f) Possession, distribution, sale, use, or being under the influence of alcohol or
illegal drugs or narcotics while on duty or while operating a City vehicle or
potentially dangerous equipment leased or owned by the City.
(g) Excessive absenteeism.
(h) Inexcusable absence without leave.
(i) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when
one is required, or misuse of sick leave.
Q) The conviction of either a misdemeanor or a felony related to the position
held will constitute grounds for dismissal of any employee. The record of
conviction will be conclusive evidence of the fact that the conviction
occurred. The City Manager may inquire into the circumstances surrounding
the commission of the crime in order to support the degree of discipline. A
plea or verdict of guilty, or a conviction showing a plea of nolo contendere is
deemed to be a conviction within the meaning of this Section.
(k) Discourteous treatment of the public or other employees.
(1) Improper or unauthorized use of agency property.
(m) Refusal to subscribe to any oath or affirmation which is required by law in
connection with agency employment.
(n) Any willful act or conduct undertaken in bad faith, either during or outside of
duty hours which is of such a nature that it causes discredit to the agency,
the employee's department or division.
(o) Inattention to duty or negligence in the care and handling of City property.
(p) Violation of the rules and regulations in any department.
(q) Mental or physical impairment which renders the employee unable to
perform the essential functions of the job, with or without reasonable
accommodation (if disabled), or without presenting a significant current risk
of substantial harm/threat to the health and/or safety of self or others.
(r) Outside employment not specifically authorized.
(s) Acceptance from any source of a reward, gift, or other form of remuneration
in addition to regular compensation to an employee for the performance of
his or her official duties.
IW111111
(t) The refusal of any officer or employee of the City to testify under oath before
any Grand Jury having jurisdiction over any then pending cause of inquiry in
which the investigation of government bribery or misconduct in agency office
is involved shall constitute of itself sufficient ground for the immediate
discharge of such officer or employee.
(u) Willful violation of any of the provisions of an ordinance, resolution, rule,
regulation or policy prescribed by the department or City.
(v) Improper political activity. Example: Campaigning for or espousing the
election or non -election of any candidate in national, state, county or
municipal elections while on duty and/or during working hours or in City
uniform on or off duty; or the dissemination of political material of any kind
while on duty and/or during working hours or in uniform.
(w) Working overtime without authorization.
(x) Possession of weapons on agency property unless authorized.
(y) Making false or malicious statements concerning any employee, the City, or
the City's policies or practices.
Section 3. Procedures for Taking Disciplinary Action:
a. Oral Warning: Following a formal discussion, a supervisor or manager may
summarize the oral warning, provide the summary to the employee and
place it in the employee's department personnel file. At a minimum, a
notation that the oral warning was given must be kept by the supervisor or
manager.
b. Written Reprimand: A written reprimand will be prepared, discussed with
and given to the employee. A copy will be placed in the employee's official
personnel file. The employee may within fourteen (14) days of receipt of the
written reprimand file a written response for placement in the personnel file.
C. Suspension/Reduction in Pay/Demotion/Dismissal of Regular Employees:
Notice of Proposed Discipline: Whenever the appropriate authority
intends to suspend an employee, reduce the employee in pay,
demote the employee or dismiss the employee, the appropriate
authority will give the employee a written notice of proposed discipline
which sets forth the following:
a. The disciplinary action intended;
b. The specific charges upon which the action is based;
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C. A summary of the facts upon which the charges are based;
d. Identification of the rule, regulation, or policy violated;
e. A copy of all documents upon which the discipline is based,
or notice that the employee may request and will be given
such information;
f. Notice of the employee's right to respond to the charges
either orally or in writing to the appropriate authority;
g. The date, time and person before whom the employee may
respond;
h. Notice that failure to respond at the time specified will
constitute a waiver of the right to respond prior to final
discipline being imposed;
The employee's right to representation.
2. Response by Employee: The employee will have the right to respond
to the appropriate authority orally or in writing within five working days.
The employee will have a right to be represented at any meeting set
by the appropriate authority to hear the employee's response. In the
case of suspension, reduction in pay, demotion or dismissal the
employee's response will be considered before final action is taken.
3. Final Notice: After the response or the expiration of the employee's
time to respond to the Notice of Proposed Discipline, the appointing
authority or designee will: (1) dismiss the proposed discipline and
take no disciplinary action against the employee, (2) modify the
recommended disciplinary action, (3) uphold the recommended
disciplinary action, or (4) prepare and serve upon the employee a
Final Notice of Disciplinary Action. The Final Notice of Disciplinary
Action will include the following:
a. The disciplinary action taken;
b. The effective date of the disciplinary action;
C. Specific charges upon which the action is based;
d. A summary of the facts upon which the charges are based;
e. The written documents upon which the disciplinary action is
based;
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f. The employee's right to appeal.
Section 4. Appeal Rights: A regular employee will have the right to appeal a suspension,
reduction in pay, demotion, or dismissal.
Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee (appellant),
and filed with the City Manager within five (5) working days after receipt of the final
notice. The appeal shall be a written statement, addressed to the City Manager
admitting or denying each of the charges in the final notice and reasons why the
final action should be reversed or modified. The formality of a legal pleading is not
required.
Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a hearing
on the appeal. The City shall notify all interested parties of the date, time and place
of the hearing at such place as the City Manager shall prescribe.
Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be issued
only upon receipt by the City Manager of a written request thereof or, setting forth
the names and addresses of the witnesses desired to be subpoenaed.
Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be issued only
at direction of the City Manager.
Section 9. Hearings: The appellant shall appear personally, unless physically unable to do so,
before the City Manager, at the time and place of the hearing and may be
represented by any person(s) or attorney(s) he/she may select and may, at the
hearing, produce on his/her behalf, relevant oral and/or documentary evidence.
At the commencement of any such Hearing, or at any time prior to the
commencement thereof, the City Manager may specify the order of procedure for
any such hearing. Except as otherwise directed, the order of procedure for any
such hearing shall be as follows:
(a) The Department Director or officer having appointing power shall be
designated the respondent for the purpose of the hearing. The respondent
shall present testimony or evidence in support of the statement of charges
against the employee. Such evidence may be presented in the form of oral
testimony, documents or demonstrative evidence. The employee shall have
the right of cross examination of witnesses.
(b) The employee by or for whom such hearing was requested shall be
designated the appellant for the purpose of a hearing. Upon completion of
the respondent's initial presentations the appellant shall be accorded an
opportunity to present testimony in answer to the statement of charges
' against him/her. Respondent shall have the right to cross-examine
witnesses.
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(c) The respondent and appellant may then offer rebuttal evidence only, unless
the City Manager permits additional evidence to be presented.
(d) At the conclusion of the hearing, the City Manager may permit arguments to
be made.
(e) The conduct and decorum of the hearing shall be under the control of the
City Manager, with due regard to the rights and privileges of the parties
appearing. Hearings need not be conducted according to technical rules
relating to evidence and witnesses but hearings shall be conducted in a
manner most conducive to determination of the truth.
(f) Oral evidence shall be taken only upon oath or affirmation of the witness.
(g) Any relevant evidence may be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules that might
make improper the admission of such evidence over objection in civil actions.
(h) Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence that shall not be sufficient in itself to support a
finding unless it would admissible over objection in civil actions.
(i) The rules dealing with privileges shall be effective to the same extent that
they are now or hereafter may be recognized in civil actions.
Q) Irrelevant and unduly repetitious evidence may be excluded.
(k) During examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
(1) Burden of Proof: In a disciplinary appeal the employer has the burden of
proof by preponderance of the evidence.
(m) So far as possible, hearings and continuances shall be scheduled and
granted to accommodate as many persons directly interested as possible,
but nevertheless shall be within the absolute discretion of the City Manager
or City Council.
Section 10. Findings and Recommendations: The City Manager shall, within twenty (20) days
after the conclusion of the hearing, certify his/her findings and decision in writing to
the appellant and to the respondent. The decision shall be final.
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RULE XIX
PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS
Section 1. General: Performance evaluation is the process of evaluating and recording the
performance of each employee. The performance evaluation is best used:
To maintain a high level of efficiency or assist in raising efficiency by
commending the employee.
2. To indicate to the employee those points in which he/she shows weak
performance, and suggest the proper means of raising his/her working
performance to the standard level.
3. To inform the employee of good performance.
4. To encourage better working relationships and mutual understanding by
letting the employee know where he/she stands with relation to his/her
supervisor's evaluation of his/her work.
5. To establish an annual work plan consisting of goals and tasks to be
accomplished.
Section 2. Responsibility for Evaluation: The Department Director or Division Manager,
together with other supervisors familiar with the employee's work, is responsible for
proper preparation of the performance evaluation for each employee in that
department. The supervisor should carefully review the complete class description,
and the goals and objectives for the employee, if any, before beginning each
evaluation, to remind himself/herself of what should be expected from the
employee, consider each item on the evaluation sheet separately in the light of the
column definition, and select the column which best describes the work of the
employee in each category.
Section 3. Discussion with Employee: The performance evaluation must be discussed with
the employee. During the interview, as well as on the form, special attention should
be given to discussing specific ways in which the employee can improve his/her
performance. An opportunity should also be afforded the employee to comment
and bring up any questions he or she may have.
Section 4. Schedule: Performance evaluations for probationary employees are to be prepared
at the end of the first five (5) months, and after the first eleven (11) months,
immediately prior to the completion of the one year probationary period. After the
probationary evaluation, an evaluation should be done on an annual basis on the
employee's anniversary date. Performance evaluation for employees who are
already at the top of their salary range shall be prepared during the month of June.
This will provide a continuing opportunity for the employee and supervisor to review
their annual work plan.
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Section 5. Appeal Procedure: It is the intent of the City to offer fair and equitable appeals
procedures for employees' performance evaluations. Below are the official
guidelines.
a. Employee and supervisor meet to review and discuss the employee's
performance evaluation.
b. The employee may respond in writing to the contents of the evaluation. The
employee must submit this response to the Department Director or Division
Manager within ten (10) working days immediately following receipt of the
evaluation.
C. The employee may appeal the performance evaluation to the City Manager.
The City Manager shall review the appeal with the employee and the
Department Director or Division Manager. The decision shall be rendered in
writing within fifteen (15) working days by the City Manager, and the decision
of the City Manager shall be final.
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RULE XX
VEHICLE USE
Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City
business except as authorized. The City Manager may authorize such use at the
reimbursement rate equal to that set forth by the Internal Revenue Service.
Payments shall be based upon the most direct route to and from the destination
and garage and parking expenses shall be paid in addition to the current rate, upon
submission of paid receipts.
Section 2. Auto Allowance: Executive Management Employees will receive a monthly car
allowance. This stipend will be in lieu of any mileage reimbursement. If additional
garage and parking expenses are incurred, they are reimbursable.
Employees receiving a monthly auto allowance are eligible for mileage
reimbursement in cases of exceptional travel. Exceptional travel is mileage which is
in excess of sixty (60) miles beyond the employees' normal commute.
(Reference: Administrative Policy, City Council/Employee Automobile and
Administrative Expense Reimbursement Policy)
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RULE XXI
PROFESSIONAL DEVELOPMENT
Section 1. Training: The City Manager and employees of the City are eligible to request
specialized training in the form of symposiums, special courses, forums, etc., at the
City's expense.
Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization, each
full-time and regular part-time (on a pro -rated basis) employee shall be entitled to
reimbursement in the amount of $1500 per fiscal year for college -level or university -
level educational courses (including tuition and related books), which have been
approved by the City Manager or his/her designee as being job-related and of value
to the City. Reimbursement under this Section is contingent upon the verification
of the attainment of a letter grade of "C" or better, or in those cases where no letter
grade is given, verification of completion of the course with a "Pass" or "Credit"
grade and submittal of a receipt for registration bearing the name of the course, for
which reimbursement is being requested. In the case of reimbursement for books
for any approved/verified course; a syllabus, course reading list or course outline
showing the book as being required for the course, plus a receipt bearing the title of
the book shall be submitted.
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RULE XXII
EMPLOYEE STANDARDS OF CONDUCT
Section 1. Code of Ethics:
a. Each officer, official, and employee has an obligation to the citizens, to the
people's elected representatives, and to fellow employees to meet the
highest ethical and professional standards and to enhance the public's
respect and trust for the City government and its operations.
b. Employees of the City have responsibilities unique from their counterparts in
the private industry. Employment with the City carries an obligation of
personal integrity and conduct that serves to establish public respect,
confidence, and trust.
C. Employees represent the City of Diamond Bar and the quality of City service
is judged through their performance and conduct. The citizens of Diamond
Bar have the right to expect that City employees will provide services in an
efficient, thorough, and courteous manner.
d. The City, as a condition of employment, expects to receive from the
employee:
1. Initiative and a conscientious effort to perform productive work.
2_ Cooperative, positive, responsive, and courteous relations with fellow
employees, supervisors, subordinates, and the public.
3. A continuous effort to strive for greater knowledge and skill on the job
in order to maintain performance at a high level.
4. Compliance with all policies, regulations, rules of conduct, and
ordinances established by the City.
5. Public loyalty to and support of the official policies of the City.
6. Responsible work habits demonstrated by:
a. Dependability, promptness, reliable attendance, and
performing required duties competently,
b. Keeping informed of developments and matters affecting job
performance,
C. Being flexible and adaptable to change,
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d. Accepting constructive suggestions and criticism.
7. Neat and clean grooming and attire appropriate to the job assignment.
Prescribed uniforms and safety equipment must be worn where
applicable.
e. No employee will accept a fee, compensation, gift, payment of expenses or
any other thing of monetary value in any circumstances in which acceptance
may result in or create the appearance of any one or more of the following:
(Reference Administrative Policy P-10, Gift Policy)
Use of public office and/or employment for personal or private gain.
2. Preferential treatment of any person.
3. Loss of complete independence or impartiality.
4. Making a City decision outside of official channels.
5. Reduction of public confidence in the integrity of City government
and/or its employees.
6. Impeding government efficiency or economy.
Section 2. Harassment Policy: (Reference Administrative Policy P-4, Harassment Policy)
Purpose:
The City of Diamond Bar is committed to providing a work environment free
of discriminatory harassment. The purpose of this policy is to define
discriminatory harassment including sexual harassment, to prohibit the
condoning or perpetuating of such conduct and to provide an efficient means
for reporting and resolving complaints of harassment by or against any
employee or applicant or from a person providing services pursuant to a
contract. This policy also applies to elected and appointed officials.
2. General Policy:
The City's policy strictly prohibits discriminatory harassment on the basis of
race, religion, sex or gender, sexual orientation, national origin, ancestry,
physical or mental disability, medical condition, pregnancy, veteran status,
marital status or age over 40 years. The City considers discriminatory
harassment a serious offense and is firmly committed to the philosophy that
every employee has the right to work in an environment free from
discriminatory intimidation, ridicule and insult and to be treated with courtesy,
dignity and respect. Every employee is expected to adhere to a standard of
conduct that is respectful to all persons within the work environment.
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This Policy applies to all terms and conditions of employment, including but
not limited to hiring, placement, promotion, disciplinary action, layoff, recall,
transfer, leave of absence, training opportunities and compensation.
Employees who violate this Policy may be subject to disciplinary action up to
and including termination.
The sexual harasser may be found personally liable to the victim of the
harassment. Sexual harassment is outside the course and scope of
employment, meaning that an employee accused of sexual harassment is
not entitled to a defense or indemnity from the City in any action brought by
the victim.
3. Prohibited Conduct:
The City's policy prohibits the following types of conduct:
3.1 Harassment: Harassment is any type of verbal or physical conduct
based on an employee's membership in a protected category, such as
race, religion, creed, color, national origin, ancestry, physical or
mental disability, medical condition, pregnancy, childbirth, veteran
status, sexual orientation, marital status, sex, sexual orientation or
age over 40 years, that is sufficiently severe or pervasive so as to
affect an employee's work performance negatively and/or alter the
conditions of employment and create an intimidating, hostile or
otherwise offensive working environment. It need not be explicit, or
even specifically directed at the victim. Sexually harassing conduct
can occur between people of the same or different genders.
3.2 Sexual Harassment: Sexual harassment is defined as follows: any
action that constitutes an unwelcome sexual advance or request for
sexual favors, or any verbal, visual or physical conduct of a sexual
nature that is (i) related to or a condition to the receipt of employee
benefits, including, but not limited to, hiring and advancement, (ii)
related to or forms the basis for employment decisions affecting the
employee, (iii) sufficiently severe or pervasive so as to affect an
employee's work performance negatively and/or alter the conditions of
employment and create an intimidating, hostile or otherwise offensive
working environment.
Romantic or sexual relationships between supervisors and
subordinate employees are discouraged. There is an inherent
imbalance of power and potential for exploitation in such relationships.
The relationship may create an appearance of impropriety and lead to
charges of favoritism by other employees. A welcome sexual
relationship may change, with the result that sexual conduct that was
once welcome becomes unwelcome and harassing.
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Examples of the type of conduct that can constitute unlawful harassment or
sexual harassment include, but are not limited to, the following:
Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes
based on actual or perceived sex, religious creed, national origin,
ancestry, disability, medical condition, marital status, age or sexual
orientation. This may include, but is not limited to, inappropriate
comments regarding an individual's body, physical appearance, attire,
sexual prowess, marital status, pregnancy or sexual orientation;
unwelcome flirting or propositions; demands for sexual favors; verbal
abuse, threats or intimidation of a sexual nature; or sexist, patronizing
or ridiculing statements that convey derogatory attitudes about a
particular gender.
Physical: Inappropriate or offensive touching, assault, or physical
interference with free movement when directed at an individual on the
basis of actual or perceived sex, religious creed, national origin,
ancestry, disability, medical condition, marital status, age or sexual
orientation. This may include, but is not limited to, kissing, patting,
lingering or intimate touches, grabbing, massaging, pinching, leering,
staring, unnecessarily brushing against or blocking another person,
whistling or sexual gestures.
Visual or Written: The display or circulation of offensive or derogatory
visual or written material related to sex, religious creed, national
origin, ancestry, disability, medical condition, marital status, age or
sexual orientation. This may include, but is not limited to, posters,
cartoons, drawings, graffiti, reading materials, computer graphics or
electronic media transmissions.
Environmental: A work environment that is permeated with sexually -
oriented talk, innuendo, insults or abuse not relevant to the subject
matter of the job. A hostile environment can arise from an
unwarranted focus on sexual topics or sexually suggestive
statements. An environment may be hostile if unwelcome sexual
behavior is directed specifically at an individual or if the individual
merely witnesses unlawful harassment in his or her immediate
surroundings. The determination of whether an environment is hostile
is based on the totality of the circumstances, including such factors as
the frequency of the conduct, the severity of the conduct, whether the
conduct is humiliating or physically threatening, and whether the
conduct unreasonably interferes with an individual's work.
4. Provisions:
4.1 Prohibited Supervisory or Managerial Behavior:
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No supervisor, manager, or other authority figure shall condition any
employment, employee benefit, or continued employment with the City
of Diamond Bar on an applicant's or employee's acquiescence to any
of the behavior defined above.
No supervisor, manager, or other authority figure shall retaliate
against any applicant, or employee, because that person has opposed
a practice prohibited by this policy or has filed a complaint, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing conducted by an authorized investigator.
4.2 Behavior Prohibited by all Persons:
No person in City Hall or any other City workplace shall create a
hostile or offensive work environment for any other person by
engaging in any discriminatory harassment or by tolerating it on the
part of any employee.
No person in City Hall or any other City workplace shall assist any
individual in doing any act that constitutes discriminatory harassment
against any employee of the City of Diamond Bar.
No person in City Hall or any other City workplace may retaliate
against any employee because that person has opposed a practice
prohibited by this policy or has filed a complaint, testified, assisted or
participated in any manner in an investigation proceeding or hearing
conducted by an authorized investigator.
No person shall destroy evidence relevant to an investigation of
harassment discrimination.
4.3 Obligations of Supervisors/Managers:
Any supervisory staff receiving a complaint of harassment, whether
formal or informal or whether oral or written, or observing or otherwise
being made aware of an incident of harassment, must inform the
Human Resources Manager, Assistant City Manager for
Administrative Services, or the City Manager of such complaint or
incident.
A copy of this policy shall be provided to all employees of the City of
Diamond Bar.
A copy of the information sheet on sexual harassment prepared by
the Department of Fair Employment and Housing is available to all
City of Diamond Bar employees upon request.
The City of Diamond Bar shall periodically notify employees of the
procedures for registering a complaint as well as available redress.
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Such notification shall occur through the normal channels of
communication.
The Human Resources office shall make available upon request
information from the Department of Fair Employment and Housing
and the Equal Employment Opportunity Commission about filing
claims of sexual harassment with these entities.
4.4 Obligations of All Employees:
On an annual basis all employees will be required to review the
harassment policy and sign a form which acknowledges that they
have read and understand the City of Diamond Bar's harassment
policy and complaint procedure.
All employees should report any conduct, which fits the definition of
discriminatory harassment, to their immediate supervisor or
appropriate authority figure. This includes conduct of non -employees,
such as sales representatives or service vendors or harassing
conduct toward such contractors.
All persons should report to their supervisor, manager or the Human
Resources Manager any instances of discriminatory harassment that
they have directly observed, whether or not reported by the employee
who is the object of the harassment.
All employees shall cooperate with any investigation of any alleged
act of discriminatory harassment conducted by the City of Diamond
Bar or its agents.
4.5 Investigative Action:
The City Manager's designee shall authorize the investigation or
conduct the investigation of any incident of alleged discriminatory
harassment reported to them.
The investigation shall be conducted in a way that ensures, to the
extent feasible, the privacy of the parties involved.
The person designated to investigate shall immediately report in
writing the findings of fact to the City Manager's Designee. The
designee will determine whether the Policy has been violated and
communicate the conclusion to the complainant.
Disciplinary action shall be decided in accordance with the City of
Diamond Bar policy and after consultation with the City Manager's
designee.
Under no circumstances shall an employee of the City of Diamond Bar
who believes that he or she has been the victim of discriminatory
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harassment be required to first report that harassment to a supervisor
or other authority figure if that person or authority figure is the
individual who has done the harassing.
Under no circumstances shall a supervisor, manager, or other
authority figure retaliate in any way against an employee who has
made a complaint or who has provided information as a witness to an
incident of alleged harassment.
All supervisors and managers are required to maintain confidentiality
to the extent possible in communicating or investigating any claims of
alleged harassment.
5. Complaint Form:
The more time that passes after an incident of harassment, the more difficult
it is to investigate. It is recommended that complaints be made as soon as
possible. The initial report may be oral or written, but a written and signed
statement will assist in the investigation process.
Your notification to the City is essential. The City cannot respond to a
harassment problem if the problem is not brought to our attention. You may
be assured that you will not be penalized in any way for reporting
discriminatory harassment or other harassment problems.
Complaint forms are available in Human Resources or a written statement
can be submitted but must include the following information:
a. The employee's name, department and position title.
b. The name of the person or persons committing the harassment,
including their title(s) if known.
C. The specific nature of the harassment, how long it has gone on, and
any employment action (demotion, failure to promote, dismissal,
refusal to hire, transfer, etc.) taken against the victim as a result of the
harassment (if applicable), or any other threats made against the
victim as a result of the harassment.
d. Witnesses to the harassment.
e. Whether the victim previously has reported such harassment and, if
so, when and to whom.
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CITY OF DIAMOND BAR
Harassment Complaint Form
All complaints will be investigated in accordance with procedures detailed in the Harassment
Policy. The City respects the employees/individuals right of confidentiality however, disclosures
may be done on a need to know basis.
NAME:
TITLF:
DEPARTMENT:
TODAY'S DATE:
DATE OF OCCURRENCE(S):
Please identify the individual who is doing the harassing/discriminating. Include name(s) and job
title(s):
Please detail the behavior which you are reporting - including all individuals involved, location,
time, and any witnesses. If there are multiple occurrences, detail each. Describe the incident,
the participants, the background to the incident and any attempts you have made to solve the
problem. Be specific, i.e. detail actions, not attitudes or opinions — "he/she put their right hand on
my left shoulder; not "he/she makes me feel uncomfortable":
Please identify others who are aware of this behavior and how they are aware:
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1
City of Diamond Bar
Harassment Complaint Form
Page 2
Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals,
letters, emails, etc.:
Are you aware of others who have similar complaints?
Is there a suggestion for resolution for this matter and/or a desired outcome?
Was this harassment previously reported? yes no
If checked "yes" above, state when and to whom:
Thank you for providing as detailed information as you are able. Please attach copies of relevant
documentation. You may use additional paper if necessary. You will be informed in writing of the
results of the investigation.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Signature of Complainant
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Date
Section 3. Information Systems Usage: (Reference Administrative Policy A-2, Information
Systems Usage Policy)
Purpose:
To establish guidelines for the use of information systems; including, but not limited to
electronic mail (hereinafter "e-mail") and internet (hereinafter "internet") usage on the
computer network and the telephones and voicemail (hereinafter "voicemail") system
within the telephonic network of the City of Diamond Bar (hereinafter "City").
2. Application:
This policy shall apply to all City employees, consultants, elected and appointed officials or
other non -employees utilizing electronic communications with the City (hereinafter
"users").
3. Definitions:
Information Systems — includes, but is not limited to, computers, electronic mail, internet,
hardware, software, network infrastructure, telephones, cellular phones, two-way radios,
and any and all other equipment associated with digital information.
Internet or World Wide Web (www) - for the purposes of this policy, is defined as universal
information retrieval system(s) which exist independent of any City information systems.
E-mail - for the purposes of this policy shall refer to any electronic message automatically
passed from one computer user to another.
4. Polis :
All information systems, including the internet, e-mail, and telephone voicemail are
business communication tools made available to City employees and consultants in order
to enhance efficiency and effectiveness in the performance of their duties and are to be
used in accordance with generally accepted business practices and current laws.
Messages transmitted over either the internet, the e-mail system, sites visited, or voicemail
messages are intended to be those which involve City business activities or contain
information essential to users for the accomplishment of business-related tasks, and/or
communication directly related to City business, administration, or practices.
5. Provisions:
5.1. General Use:
5.1.1. The City of Diamond Bar's internet and e-mail facilities shall not be
used to violate the laws and regulations of the United States or any
other nation, any state, city, or other local jurisdiction.
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5.1.2. All internet and e-mail messages that are transmitted over or reside in
the City's computer network are the property of the City and are
subject to public requests for information.
5.1.3. All messages, calculations, e-mail, or data of any kind, filed on City
hard drives or any other electronic storage media is a public record to
the same extent hard copy documents are considered public record
(in accordance with the California Public Records Act) and users have
no expectation of privacy.
5.1.4. The internet and e-mail systems are not confidential systems since all
transmissions on the systems are the property of the City. Therefore,
the internet and e-mail systems are not appropriate for confidential
communications. If a communication is considered to be private, an
alternative method to communicate should be used.
5.1.5. The City reserves the right to monitor and record user internet and e-
mail usage at any time. No user shall have any expectations of
privacy as to his/her internet and e-mail usage. The City has software
and systems in place that can and will monitor and record all usage
for each and every user; including, but not limited to, all internal
transmissions, World -Wide Web site visits, chats, newsgroups, and
file transfers into and out of the City's internal network. City
representatives may access, audit, and review all activity and analyze
usage patterns, and may, for whatever reason, disclose this data to
assure the City's telecommunications resources are devoted to
maintaining the highest level of productivity.
5.1.6. Derogatory, defamatory, obscene, disrespectful, sexually suggestive,
or in any other way inappropriate messages on the internet and/or e-
mail system are prohibited and are a violation of this policy.
Harassment in any form, sexual or ethnic slurs, and obscenities, or
any representation of obscenities are prohibited and are a violation of
this policy. Sending a copy of these types of offensive transmissions
is prohibited and is a violation of this policy.
5.1.7. It is a violation of this policy to transmit a message under another
user's name, reading others' e-mail messages, or accessing others'
files. Any user who obtains a password or user identification must
keep that password confidential; users shall not share user
identification or passwords. It is the user's responsibility to maintain
password security. If a user suspects someone else may know their
password, it is the user's responsibility to change their password
immediately. Users will log off of the City network at the end of each
workday.
5.1.8. Users shall not operate a business through the City's Information
Systems, e-mail, internet, or any bulletin boards.
5.1.9. Files which are to be shared by multiple users should be stored on the
division file subdirectory on the designated share location.
5.1.10. All purchases of computer hardware or peripherals must be approved
by the Manager of the Information Systems Division.
5.2 Internet Use:
5.2.1 Users shall not use City internet facilities to:
5.2.1.1 Download or distribute pirated software or data.
5.2.1.2 Deliberately propagate any virus or any other destructive
programming.
5.2.1.3 Disable or overload any computer system or network, or
attempt to download alternate browsing software from any ISP
such as AOL, CompuServe, and the like to circumvent any
system intended to protect the privacy or security of another
user.
5.2.1.4 Download entertainment software or games, or play games
against opponents over the internet.
5.2.1.5 Download images or videos unless there is an explicit
business-related use for the material.
5.2.1.6 Upload any software licensed to the City or data owned or
licensed by the City, without explicit authorization from the City
Manager or his/her designee.
5.2.1.7 Commit infractions such as, but not limited to: misuse of City
computer hardware, software or resources; sexual harassment;
unauthorized public comments; or misappropriation or theft of
intellectual property.
5.2.1.8 Release confidential City information.
5.2.2 All software downloaded via the Internet into the City network shall only be
done with the approval of the Information Systems Division and shall
become the property of the City. Any such files or software shall be used
only in ways that are consistent with their copyrights or licenses.
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5.2.3 The City retains the copyright to any material created or posted to any forum,
newsgroup, chat or World -Wide Web page, by any user in the course of
his/her duties.
5.2.4 Use of the internet connection during business hours shall be used
exclusively for business purposes. Users may use their internet connection
for non -business research or browsing during meal times, other breaks, or
outside of work hours, providing all other usage policies are observed.
5.2.5 The City uses a variety of software and data to identify inappropriate or
sexually explicit internet sites and will block access from within the City's
network to all such sites that are known. If a user finds himself/ herself
connected accidentally to a site that contains sexually explicit or offensive
material, he/she shall disconnect from that site immediately, regardless of
whether that site has been previously deemed acceptable by any screening
or rating program, and immediately report the incident to the Manager of the
Information Systems Division.
5.2.6 The display of any kind of sexually explicit image or document on any City
system is a violation of the City's Harassment Policy. In addition, sexually
explicit material shall not be archived, stored, distributed, edited or recorded
using the City's network computing resources.
5.2.7 Users shall not attempt to disable or circumvent any City security system.
5.2.8 Users should take reasonable care to prevent introduction or spread of
computer viruses into or through the City's communication and information
systems and equipment. The willful introduction of computer viruses, worms,
Trojan horses, trap-door code and other disruptive and/or destructive
programs into the City's computer systems or network is prohibited.
5.2.9 Users must not attempt to repair or resolve hardware or software failures,
bugs, anomalies and/or problems themselves. These problems should be
reported to the Manager of the Information Systems Division.
5.3 E-mail Use:
5.3.1 Users of e-mail are responsible for the management of their mailboxes. E-
mail is not a permanent storage medium and users are expressly forbidden
to use it as such. E-mail in -boxes, out -boxes, sent items, and deleted files
shall be emptied on a regular basis. E-mails intended to be retained must be
copied and placed in an appropriate file.
5.3.2 Users are responsible for checking their mailbox on a regular basis during
the workday for messages. Messages received shall be responded to
promptly.
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5.3.3 Incidental and occasional personal use of the e-mail system is permitted.
Such personal communications should be limited to "reasonable" personal
communications. "Reasonable" personal communications shall be subject to
the interpretation of City management.
5.3.4 Remote access to e-mail shall only be permitted to Full-time Exempt staff.
Full-time Exempt staff are exempt from the overtime requirements of the Fair
Labor Standards Act; and therefore may access the e-mail system beyond
the standard work day. Non-exempt staff, or those subject to overtime shall
not access the e-mail system outside of the standard work day.
5.3.5 Since the e-mail system is not designed for the long-term retention of
messages nor should be considered an electronic recordkeeping system for
all categories of records. E-mail that becomes part of an official record
should be printed for filing with other program or project files. The originator
of an e-mail message becomes the record copy holder. It is the
responsibility of the user to determine if an e-mail message is an official
record and is covered within the scope of the City's records retention
schedule.
5.3.6 E-mail messages addressed to "City Staff' or other broad distribution shall
only be used for items that are of particular interest to all users and must be
related to City business. Personal advertisements are not acceptable and
shall not be sent.
5.3.7 All e-mail messages, sent to and received by any and all users can �e read
by systems administrators and management staff and users have no
expectation of privacy. The use of passwords does not constitute a
message as being private or confidential or that the City will not retrieve it.
The deletion of messages is no assurance that the City will not retrieve and
read the messages at a future time.
5.3.8 E-mail shall not be used by either supervisors or employees to transmit any
form of written reprimand or disciplinary action.
5.3.9 E-mail Etiquette:
5.3.9.1 Remember as a user you are representing the City through your
communications both internally and externally, and it is critical that
you maintain a positive image for both yourself and the City.
5.3.9.2 Users must be certain that messages are addressed to the proper
person. Check the list of persons being E-mailed when choosing a
REPLY ALL function.
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5.3.9.3 Capitalize words only to emphasize an important point or to
distinguish a title or heading. Capitalizing whole words that are not
titles is generally interpreted as shouting.
5.3.9.4 Users should be professional and careful of what they say about
others. E-mail is easily forwarded and blind copied.
5.3.9.5 Be cautious when using sarcasm and humor. Without face to face
communication, humor may be viewed as criticism. By the same
token, also carefully read what others write. The perceived tone may
easily be misinterpreted.
5.3.9.6 Some E-mail messages, especially those written in "the heat of the
moment," are best unsent. Users should think twice before sending
angry or sarcastic messages or using E-mail to "let off steam."
5.4 Telephone and Voicemail Use
5.4.1 It is the primary responsibility of all users to answer the telephones.
5.4.2 Telephones and voicemail are intended for business-related purposes.
5.4.3 All telephonic equipment is the property of the City. The City has the right to
retrieve and make proper and lawful use of any and all communications
transmitted through the voicemail system.
5.4.4 Voicemail shall never be used as a substitute to answering a City telephone
during work hours.
5.4.5 Personal non -toll calls may be made during breaks or after work hours.
5.4.6 Telephone and Voicemail Etiquette
5.4.6.1 All telephones must be answered before the third ring.
5.4.6.2 Greeting a caller shall contain the "City of Diamond Bar" or
"Department or Division name" and "User name".
5.4.6.3 Users are to be courteous, respectful, and attentive while on the
telephone.
5.4.6.4 Users shall take notes or use the record feature during the call to
avoid requesting the same information a second time.
5.4.6.5 Irate callers shall be treated with special care. Users should attempt
to identify their chief complaint quickly.
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5.5
5.4.6.6 Calls should be aborted only if the caller refuses a request to refrain
from using abusive or profane language.
5.4.6.7 When transferring a call, the user shall explain to the caller why the
call is being transferred.
5.4.6.8 Voicemail greetings shall contain the staff member's name the
department or program name and an indication that by pressing "zero"
the caller will be transferred to another staff member able to provide
immediate assistance.
5.4.6.9 Voicemail messages shall be programmed so that when a caller
presses "zero" the call is transferred to the department designated
staff member. The designated staff member shall program their
voicemail so that a call is transferred to the main City receptionist
when the caller presses "zero".
5.4.6.10 If an extended absence is expected, including a scheduled 9/80 day,
an alternate secondary message shall be prepared. The length of the
absence and the anticipated return to the office as well as the
information included in the standard primary greeting shall be
recorded in the alternate secondary outgoing message.
Prohibited Use of Voicemail
5.5.1 Voicemail messages that disrupt or threaten to disrupt the efficient
operation of City business or administration are prohibited. This
includes, but is not limited to:
5.5.1.1 Messages that publicize a personal dispute other than recording an
approved grievance or complaint procedure.
5.5.1.2 Messages that constitute or counsel insubordination.
5.5.1.3 Messages that may threaten to harm close working relationships.
5.5.1.4 Messages that contain abusive or profane language.
5.5.1.5 Messages that may take employees away from their assigned tasks.
5.5.1.6 Messages that include confidential City materials or information.
5.5.1.7 Messages that are sent anonymously or under a fictitious name.
5.5.2.1 Voicemail messages that violate law, violate individual rights, create
potential liability for the City or that violate public policy of the State of
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California are prohibited. These messages include, but are not limited
to:
5.5.2.1 Messages which are pornographic or obscene.
5.5.2.2 Messages in conflict with the City's Harassment Policy or any other
policy prohibiting discrimination, including harassment, on the basis of
race, color, religion, sex, national origin, ancestry, age, physical
disability, mental disability, medical condition, veteran status, marital
status, sexual orientation, or any other status protected by local, state,
or federal law.
5.5.2.3 Messages that involve the use of racial, religious, or ethnic slurs.
5.5.2.4 Messages intended to harass or annoy.
Section 6. Workplace Substance Abuse Prevention Policy: (Reference Administrative Policy P-
9, Workplace Substance Abuse Prevention Policy)
a. Purpose:
The purpose of this policy is to provide guidelines for all employees to effectively
deal with substance abuse and its effects in the workplace. Employees are
expected to be in suitable mental and physical condition, perform their jobs
satisfactorily, and behave appropriately. Should the use of alcohol or drugs
interfere with these expectations, employees may be offered rehabilitative
assistance. Failure to meet these expectations could result in disciplinary action.
b. Policy:
It is the City's policy that employees shall not be under the influence of or in
unlawful possession of alcohol or illegal drugs while on City property, at work
locations, or while on duty; shall not utilize such substances when they are
assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any
other employee or to any person while on duty; nor have their ability to work
impaired as a result of the use of alcohol or illegal drugs.
While use of medically prescribed medications and drugs is not per se a violation of
this policy, the employee must notify his/her supervisor, before beginning work,
when taking medication or drugs (including the possible effects of taking such
medication or drugs) which the employee believes may interfere with the safe and
effective performance of duties or operation of equipment. In the event there are
questions regarding an employee's ability to safely and effectively perform assigned
duties while using such medication or drugs, clearance from their physician may be
required.
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City employees are prohibited form drinking alcoholic beverages during working
hours (including lunch hours and breaks), while on City premises at any time, while
driving a City vehicle during regular working hours, while on official City business.
The consumption of alcohol by City employees may be allowed only at designated
City facilities, during certain special City functions and with prior authorization by the
City Manager.
All City premises and City vehicles shall be subject to a random drug search(es)
without notice at any time.
Employees with drug or alcohol problems are encouraged to seek assistance.
Seeking assistance for such a problem before a positive drug and alcohol test will
not jeopardize an employee's job.
C. Employee Responsibilities
An employee must:
Not report to work while "under the influence of drugs or alcohol";
NOTE: "Under the influence of drugs or alcohol" means: the use of any
alcoholic beverage or any illegal drug or substance, or the misuse of
any prescribed drug, in a manner and to a degree that impairs the
employee's work performance or ability to use City property or
equipment safely.
2. Notify his/her supervisor, before beginning work, when taking any
medications or drugs, prescription or nonprescription, which may interfere
with the safe and effective performance of duties or operation of City
equipment.
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours, rest periods, or at
anytime while on City property;
4. Not directly or through a third party sell or provide drugs or alcohol to any
person, including any employee, while either employee or both employees
are on duty;
5. Immediately complete and sign a consent form (see drug testing
prerequisite) and submit to an alcohol and drug test when requested to do so
by the employee's supervisor or manager.
6. Provide within 24 hours of request bona fide verification of a current valid
prescription for any potentially impairing drug or medication identified when a
drug screen/test is positive. The prescription must be in the employee's
name.
7. Report any conviction under a criminal drug statute to the City Manager
within five (5) days of such conviction.
d. Procedure:
When an employee's supervisor and a second employee or supervisor observe an
employee's actions that lead them to reasonable suspicion to believe that an
employee may be under the influence of alcohol and/or narcotics, that employee
may be directed to a City designated medical evaluation. This medical evaluation
will be conducted in order to determine if in fact that employee has evidence of
alcohol and/or drugs in his/her system.
Reasonable suspicion may be justified by one or a combination of any of the
following indicators:
Bloodshot or watery eyes
Slurred speech
Alcohol on breath
Physical and/or verbal altercation
Inability to walk a straight line
An accident involving City property
Possession of drugs or alcohol
Frequent absenteeism
Confusion/difficulty in concentration
Noticeable change in behavior
If reasonable suspicion pertaining to the use of drugs and/or alcohol by an
employee is determined during normal working hours, the following steps shall be
followed to facilitate the medical evaluation process:
Step 1: The supervisor shall contact the Human Resources Office at the
earliest available opportunity to discuss the event(s) which led to a
belief that an employee acted intoxicated or under the influence of
drugs. At that time, it will be determined whether or not sufficient
facts exist to indicate that drug or alcohol testing may be
appropriated. If the evidee for an immediate appointment with a
medical facility to conduct the test. The supervisor shall inform
his/her department head of this situation. Refusal by an employee
to submit immediately to an alcohol and/or drug analysis when
directed to do so may constitute insubordination and may be
grounds for discipline up to and including termination. The actual
type of testing including possible urine or blood screens, will be
determined by the physician.
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Step 2: The supervisor, or his/her designee, shall personally drive the
employee to the medical facility and wait for the test to be
completed.
Step 3: The employee will then be transported home or, in appropriate
situations, to a hospital as deemed necessary by the doctor. The
employee will continue receiving pay during this time and
disciplinary action will not be administered unless the test results are
positive and confirmed. Information obtained through this testing will
be treated with strict confidentiality.
Step 4: If the employee is found to have alcohol or drugs in his/her system,
the supervisor shall meet with the employee to give the employee an
opportunity to explain. The supervisor shall encourage the
employee to seek professional assistance in dealing with any drug
or alcohol problem. The employee's medical group may provide the
needed drug/alcohol counseling. Also, the City can provide a
referral for an employee who is seeking professional assistance in
the matter.
Should an incident arise after normal work hours (i.e., overtime, official City
business, etc.), the above procedures should be followed with the exception
of contacting the Human Resources Office.
The substance Abuse Prevention Policy of the City of Diamond Bar is not
intended to be, and shall not be used as a tool for harassing any employee
or group of employees. When employees are required to submit to testing
for suspected substance abuse, it shall be only for good, proper, and
reasonable cause.
d. Documentation:
Records pertaining to job performance, attendance, and behavior shall be
maintained in the employee's personnel file. Records related to a drug or alcohol
test or any medical diagnosis will be kept in a separate file.
e. Disciplinary Action:
The City views the use, possession, transfer, or sale of alcohol or drugs in violation
of this policy a very serious violation and may subject the employee to disciplinary
action up to termination in accordance with Diamond Bar's Personnel Rules and
Regulations.
If an employee drug tests show a positive result of alcohol and/or drugs two (2)
times in a twelve (12) month period, termination will result.
Follow Up:
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Should the results of an employee drug test be positive, the following steps shall
occur:
The department director will have a discussion with Human Resources to
determine the type of disciplinary action, if any, which would be most suitable
or to evaluate an alternative to discipline.
Should the results of the drug testing be negative:
The employee is free to return to the workplace and assume his/her regular
job duties.
2. No further action will be taken.
Section 7. Policy Against Retaliation
a. Policy: It is the policy of the City to prohibit the taking of any adverse employment
action against those who in good faith report, oppose, or participate (as witnesses
or accused) in investigations into complaints of alleged violations of City policy or
state or Federal law in retaliation for that reporting, opposition, or participation.
Disciplinary action, up to and including termination, will be taken against an
employee or officer who is found to have violated this policy. Any elected official or
contractor who violates this Policy Against Retaliation will be subject to appropriate
sanctions.
b. Policy Coverage: This Policy Against Retaliation prohibits City officials, officers,
employees, or contractors from retaliating against applicants, officers, officials,
employees, or contractors because of any of the protected activity as defined
herein.
C. Definitions:
1) "Protected activity" includes any of the following:
• Filing a complaint with a federal or state enforcement or administrative
agency.
• Participating in or cooperating with a federal or state enforcement
agency that is conducting an investigation of the City regarding
alleged unlawful activity.
• Testifying as a party, witness, or accused regarding alleged unlawful
activity.
• Associating with another employee who is engaged in any of the
protected activities enumerated here.
• Making or filing an internal complaint with the City regarding alleged
unlawful activity.
• Providing informal notice to the City regarding alleged unlawful
activity.
2) "Adverse action" includes any of the following:
• Real or implied threats of intimidation to attempt or prevent an
individual from reporting alleged wrongdoing or because of protected
activity.
• Refusing to hire an individual because of protected activity.
• Denying promotion to an individual because of protected activity.
• Taking any form of disciplinary action because of protected activity.
• Issuing a poor evaluation because of protected activity'.
• Extending a probationary period because of protected activity.
• Altering work schedules or work assignments because of protected
activity.
d. Complaint Procedure: An applicant, employee, officer, official, or contractor who
feels he or she has been retaliated against in violation of this Policy should
immediately report the conduct according to the City's Harassment Complaint
procedure so that the complaint can be resolved fairly and quickly.
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