HomeMy WebLinkAboutRES 2006-39I
RESOLUTION NO. 2006-39
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH
PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF
SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER
REGULATIONS EFFECTIVE MAY 2,2006;
RESCINDING RESOLUTION NO, 2005-36 IN ITS ENTIRETY.
WHEREAS, the purpose of the rules and regulations is to
communicate to employees the benefits, policies, and requirements
of the job, as well as provide guidance to supervisors in the
administration of the personnel system;
2. WHEREAS, the City Council has determined that it is necessary to
the efficient operation and management of the City that rules and
regulations be maintained prescribing sick leave, vacation, leaves
of absences, benefits, and other regulations for the officers and
employees of the City; and
3. WHEREAS, as the rules and regulations do not create any contract
of employment, express or implied, or any rights in the nature of a
contract;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Diamond Bar, California, to administer the Personnel Rules and Regulations as
set forth in Exhibit A-
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Resolution No. 2005-36 in its entirety is repealed.
PASSED, ADOPTED AND APPROVED THIS second day of May 2006.
Carol Herrera, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was passed, approved and adopted at a
meeting of the City Council of the City of Diamond Bar held on the second day of
May 2006, by the following vote:
AYES: COUNCIL MEMBERS: Chane, Tanaka, Tye, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/zirbes
ABSTAIN: COUNCIL MEMBERS: None
f
ATTEST:
Tommye A. Crbbins, City Clerk
City of Diamond Bar
2006--39
CIN OF DIAMOND BAR
' PERSONNEL RULES AND REGULATIONS
Table of Contents
Rule I Purpose and Application Page
Purpose...............................................................................................1
Application.....................................................
No Contract Created ...................... 1
Rule II Definition of Terms
Definitionof Terms..............................................................................2
Rule 111 General Provisions
Discrimination Prohibited....................................................................7
Nepotism Prohibited.............................................................................7
Political Activity Prohibited..................................................................8
Outside Employment ...........................
Multiple Positions Held........................................................................8
EmployeeDuties.................................................................................8
Violationof Rules................................................................................8
Amendment and Revision of Rules.....................................................8
Rule IV Classification
Classification Plan...............................................................................9
Adoption, Amendment, and Revision of Plan......................................9
NewPositions.....................................................................................9
Classification Studies .............. 9
Qualifying Examination.......................................................................9
Y-Rate............................................................ 10
Rule V Compensation
CompensationPlan.............................................................................11
Amendmentof Plan.............................................................................11
Salary Upon Initial Hire.......................................................................11
Merit Step Advancement.....................................................................11
Merit Step Advancement for Part Time Employees .............................11
Merit Step Increase if Evaluation is Untimely......................................11
Amount of Merit Step Adjustments......................................................12
Merit Step for Employees on Leave....................................................12
Effective Date of Increase...................................................................12
Salary on Promotion............................................................................12
Salaryon Demotion.............................................................................12
Salary on Reclassification...................................................................12
PayPeriods.........................................................................................12
BilingualPay...................:...................................................................13
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Overtime.............................................................................................13
CallOut Pay........................................................................................14
ActingPay...........................................................................................14
Cost of Living Adjustment...................................................................14
Rule VI Hours of Work
The9180 Plan......................................................................................15
FiveDay Work Week..........................................................................15
AlternateWork Schedule....................................................................15
WorkWeek Defined............................................................................15
The City May Change the Work Week................................................15
Request to Change Schedule.............................................................15
MealPeriod.........................................................................................15
Rule VII Applications and Applicants
Announcement....................................................................................16
Application..........................................................................................16
Disqualification....................................................................................16
Rule VIII Examinations
Types of Examinations........................................................................17
Promotional Examinations..................................................................17
Continuous Examinations...................................................................17
Conduct of Examinations....................................................................17
Reasonable Accommodation in Testing..............................................17
Post Offer Physical Examinations and Background Investigations
.....17
Immigration Reform and Control Act...................................................17
Notification of Selection Process Results............................................18
Rule IX Employment Eligibility Lists
Employment Eligibility Lists.................................................................19
Durationof Lists..................................................................................19
Removal of Applicants from Lists........................................................19
Use of Employment Eligibility Lists......................................................19
Rule X Method of Filling Vacancies
Typesof Appointment.........................................................................20
Notice to Human Resources...............................................................20
Appointment........................................................................................20
VeteransPreference...........................................................................20
Temporary Assignments.....................................................................20
Extended Assignment to Vacant Higher Position................................20
Vacancies Outside the Competitive Service.......................................21
Rule XI Probationary Period
ProbationaryPeriod............................................................................22
Purpose of Probationary Period..........................................................22
Extension of Probationary Period........................................................22
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Reduction of Probationary Period.......................................................22
Rejection During Probation.................................................................22
Rejection During Probation From a Promotional Position ...................22
Use of Leave During Probation...........................................................22
Rule XII Attendance and Leaves
Attendance...........................................................................................24
VacationLeave ................................................... ...............24
..................
SickLeave..........................................................................................26
Occupational Injury or Illness Leave...................................................28
BereavementLeave............................................................................28
Jury Duty and Witness Leave..............................................................28
Administrative Leave...........................................................................29
Family and Medical Leave..................................................................29
California Paid Family Leave...............................................................33
Pregnancy Disability Leave.................................................................33
ElectionLeave.....................................................................................34
SchoolVisit Leave...............................................................................34
Leave of Absence without Pay............................................................34
MilitaryLeave......................................................................................35
PoliticalLeave.....................................................................................35
Rule XIII Holidays
Holidays Observed..............................................................................36
FloatingHolidays.................................................................................36
Eligibility for Holidays ............................................. .......................37
Prorated Holiday Pay ........................ .........................37
Rulle XIV Changes in Employment Status
Transfer............................................................................................... 38
Promotion............................................................................................38
Demotion.............................................................................................38
Suspension.........................................................................................38
Reclassification...................................................................................38
Rule XV Separation from Employment
JobAbandonment...............................................................................39
Discharge............................................................................................39
Layoff..................................................................................................39
Resignation.........................................................................................40
Reinstatement......................................................................................40
Rule XVI Reports and Records
General................................................................................................41
Notifying City of Changes in Personal Information..............................41
' Location of Personnel Files.................................................................41
Medical Information.............................................................................41
References and Release of Information in Personnel Files ................42
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Employee Access to Personnel File....................................................42
Destruction of Records........................................................................42
Rule XVII Grievance Procedure
Definition.............................................................................................43
Procedure...........................................................................................44
Right of Grievant to Representation....................................................45
Reprisals.............................................................................................45
Rule XVIII Discipline
Types of Disciplinary Action................................................................46
Grounds for Disciplinary Action Involving Regular Employees ............
46
Procedures for Taking Disciplinary Action...........................................48
AppealRights......................................................................................50
Methodof Appeal................................................................................50
Notice..................................................................................................50
Subpoenas..........................................................................................51
SubpoenasIssuance...........................................................................51
Hearings..............................................................................................51
Findings and Recommendations.........................................................52
RULE XIX Performance Evaluations and Annual Work Plans
General....................... ........................................................................53
Responsibility for Evaluation...............................................................53
Discussion with Employee..................................................................53
Policy and Procedure Review.............................................................53
Schedule........................ .....................................................................54
AppealProcedure...............................................................................54
RULE XX Vehicle Use
Useof Private Vehicles.......................................................................55
AutoAllowance...................................................................................55
RULE XXI Professional Development
TrainingPlan.......................................................................................56
Tuition Reimbursement.......................................................................56
RULE XXII Employee Standards of Conduct
Codeof Ethics.....................................................................................57
HarassmentPolicy..............................................................................58
Harassment Complaint Form..............................................................66
Information Systems Usage Policy......................................................68
Workplace Substance Abuse Prevention Policy.................................76
Policy against Retaliation....................................................................81
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RULE
' PURPOSE AND APPLICATION
1
1
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
Personnel Ordinance 03 (2005) and include: City Manager,
Assistant City Manager, Community Development 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,
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.
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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,
Community Development 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, 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
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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.
Section 15. Job Classifications: For the purposes of the City's Personnel
System, each position title shall correspond to a job
classification number as reflected in the job classification
and salary resolution.
(a) Executive Management: Executive Management
positions are classified as exempt and at -will.
Executive Management positions are in Job
Classification Range 2900-3900.
(b) Full-time Exempt Mana ement: Various
professional management positions exempt from over
time requirements. These positions are also known
as Division Managers and are in Job Classification
Range 2000-2899.
(c) Full-time Exe_: Various executive, administrative,
and professional positions exempt from overtime
requirements. Full-time exempt positions are in Job
Classification Range 1600-1999.
(d) Full-time Non -Exempt: Positions in Job Classification
Range 1000-1599 subject to overtime requirements
and working 40 hours per week.
(e) Hourly Benefited: Positions in Job Classification
Range 900-999 also 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.
(f) Hourly Non -benefited: At -will positions in Job
Classification Range 500-899 also known as either
seasonal or intermittent part-time. These employees
are sometimes referred to as temporary.
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1
1
a. Seasonal Part-time: A position utilized up to 40
hours per week on a seasonal or partial year
basis, but not more than 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.
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.
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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 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 or 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. Department Directors
5. Division Managers
(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-
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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.
(g) For business reasons, these sections shall be enforced to
address the marriage or domestic partnership 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 or her City
employment; including positions which constitute contracted
services to the City. 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 Director or Division Manager for signature
and then to the City Manager for approval.
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 I New Positions: When a new position is created and the
position is to be 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 studies shall be
conducted as recommended by the Department Director and
approved by the City Manager in order to determine if the
duties and responsibilities of the position have changed
materially, have become inequitably aligned in relation to
other positions within the City service, 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
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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/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 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 in a lower maximum
rate of pay for the incumbent, the incumbent shall be "Y -
Rated" at the salary level he/she has earned up to that time.
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RULE V
' COMPENSATION
Section 1. Compensation Plan: The City has established a pay plan
covering all classes of positions in the City service, showing
the minimum and maximum rates of pay.
Section 2. Amendment of Plan: The compensation plan may be
amended from time to time by action of the City Council.
Section 3. Salary upon Initial Hire: Department Directors or Division
Managers 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 twelve months employment
as a probationer and each year thereafter, an employee is
eligible to advance to the next salary step if his or her
performance evaluation shows performance of satisfactory
or above and advancement is approved by the Department
Director or Division Manager. A step increase may be given
before the successful completion of the probationary period
at the City Manager's discretion.
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 Director 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
increase retroactively. Performance evaluations and Annual
Work Plans will be tracked by the Human Resources
Division. A step increase pending a performance evaluation
may be given at the discretion of the City Manager.
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Section 7. Amount of Merit Step Ad'ustments: 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 at any one time at
the recommendation of the Department Director or 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.
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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 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)
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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 or her regularly scheduled shift.
Section 17. Actin 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.
(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 Ad'ustment (COLA): At the adoption of the
City's annual budget, a request by 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 in March of the current year. The City
Council has the sole discretion to adopt or modify the
request at any time.
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2006--39
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 9180 flex plan under which they will work eighty (80)
hours in a nine (9) day period.
Section 1. The 9180 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 9180 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.
-15-
2006-.39
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:lcation: 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. Dis ualifcation: 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
rejectionidisqualification from the recruitment and/or termination
from employment, if applicant is appointed to the position.
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2006-39
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 and
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 of 1986, all new
employees must verify identity and entitlement to work in the
United States by providing required documentation.
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2006--39
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.
-18-
2006--39
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
reemployment, 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 re-employment lists, requests for transfer, or
eligible candidates on an employment eligibility 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
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 Manager 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
-20-
Director or Division Manager to request such salary rate
increase to the City Manager's designee for approval.
1
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 -
1
1
-21 -
RULE XI
PROBATIONARY PERIOD
Section 1. Probationary Period: Upon the initial appointment to a position
in the competitive service an employee must serve a
probationary period of one year of actual and continuous
service. Upon a promotional appointment to a position in the
competitive service an employee must serve a probationary
period of six months 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 Probationa 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 Durinq Probation: At any time during the probationary
period an employee may be rejected from employment without
cause and without right of appeal.
Section 6. Rejection During Probation From a Promotional Appointment: 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 the
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1
1
completion of six 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 months by a probationary employee.
(b) Maximum Accrual: Vacation leave may be accrued to a
maximum of 320 hours. Once the 320 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
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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 320 hours. Once the 320 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
-24-
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 employee's delay and/or
failure to request vacation time of), 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 40 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 or 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.
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(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.
{I)
Employees not Eligible for Vacation: Temporary (working
less than 1,040 hours), emergency, seasonal part time,
and intermittent part time do not accrue vacation.
(m) Prorated Benefits: Regular part time employees receive
Prorated vacation.
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 shall not be considered as a privilege which an employee
may use at his or 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 Director 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 or 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 or her
regular duties. The Department Director or Division
Manager may request a certificate issued by a licensed
-26-
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.
_27_
(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 (112) 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 or 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 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
Director 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.
_27_
(j) 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 Iniury 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 conditions warrant, twenty-four (24)
hours of paid bereavement 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
-28-
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
Director of the status of their leave.
Section 7. Administrative Leave: FLSA exempt employees are allowed
eighteen (18) hours of administrative leave per fiscal year.
Executive Management employees 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 workweek.
Administrative leave may be accumulated and carried over to
the following year for a maximum of two 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 for the use of
administrative leave 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:
(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
►•L':
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 California 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 or 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.
-30-
(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) Souses Both Employed by the Cit : 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 or
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 or her family member which would entitle the
employee to leave, or because of circumstances
-31-
beyond the employee's control. The City shall
have the right to recover all 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 Act (FMLA)
and/or California Family Rights Act (CFRA) leave,
and may also require an employee to use Family
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 or her Condition: Employees
may be required to periodically report on
their status and intent to return to work.
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This will avoid any delays to reinstatement
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.
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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 or 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 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.
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(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 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 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)
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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 regular
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 9180 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 9180 work schedule, those employees on the 9180 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.
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(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.
(e) Floating Holiday hours may be used in lieu of sick
leave only if all other benefit time has been
exhausted.
Section 3. Eligibility 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 employment eligibility list.
Section 3. Demotion: The appointing authority may demote an employee
whose ability to perform his or 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 a regular
employee at any time 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. After the third consecutive workday without prior
authorization and without notification of unauthorized absence, the
supervisor shall send a telegram or overnight letter to the
employee's last known address informing the employee of the
resignation and providing notice that the employee may provide an
explanation of their absence. 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
without cause and without the right of appeal. 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,
probationary, part time regular, full time regular.
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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;"
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 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 Director or Division Manager 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 Chancres 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.
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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 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: position held by the employee, 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: 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 shall be kept until ten (10)
years after separation of employment. 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
regulations.
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.
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Section 2. Procedure:
Ste 1: Informal Discussion: The grievant shall discuss the
grievance with his or her immediate supervisor on an
informal basis in an effort to resolve the 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 or 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 or 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 Director or
Division 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 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.
Ste 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
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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.
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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 or 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.
(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.
(j) The conviction of either a misdemeanor related to the
position held or a felony 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 City property.
(m) Refusal to subscribe to any oath or affirmation which is
required by law in connection with City 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 City, 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.
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(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.
(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 City 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 City 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 Wamin : 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 Re rimand: A written reprimand will be prepared,
discussed with and given to the employee. A copy will be
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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,.
1. 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;
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;
i. 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
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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;
G. 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;
The employee's right to appeal.
Section 4. Appeal Ri_qhts: 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 f. 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
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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 or 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
authority 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.
(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.
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(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
be 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.
(j) 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 or
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:
(a) To maintain a high level of efficiency or assist in raising
efficiency by commending the employee.
(b) To indicate to the employee those points in which he/she
shows weak performance, and suggest the proper means of
raising his or her working performance to the standard level.
(c) To inform the employee of good performance.
(d) To encourage better working relationships and mutual
understanding by letting the employee know where he/she
stands with relation to his or her supervisors evaluation of
his or her work.
(e) 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 or
division. 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 or her performance.
An opportunity should also be afforded the employee to comment
and bring up any questions he or she may have.
Section 4. Policy_ and Procedure Review: The evaluating supervisor will
review the City's Harassment Policy with the employee at the time
' of the performance evaluation and annual work plan review.
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Section 5. Schedule: Performance evaluations for probationary employees
are to be prepared at the end of the first five months, and after the
first eleven 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 ,lune. This will provide a continuing opportunity for the
employee and supervisor to review their annual work plan.
Section 6. 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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1
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 auto 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 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 or 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,
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b. Keeping informed of developments and
matters affecting job performance,
C. Being flexible and adaptable to change,
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:
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.
(Reference Administrative Policy P-10, Gift Policy)
Section 2. Harassment Policy: (Reference Administrative Policy P-4,
Harassment Policy)
1. 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.
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1
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.
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, 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.
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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.
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,
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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:
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 Hail 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,
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. Such
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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 Obli ations 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
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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 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.
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1
1
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 employeeslindividuals right of
confidentiality, however, disclosures may be done on a need to know basis.
NAME:
TITI F•
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:
D
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.
declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
ISignature 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. Policy:
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:
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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.
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 or 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
ls:Y21
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 Information Systems
Director.
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.
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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 or 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 Department 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.
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 or 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
Information Systems Director.
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
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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
Information Systems Department.
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.
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.
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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 be 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.
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.
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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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5.4.6.6 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 9180 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.
5.5 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.
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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 California are
prohibited. These messages include, but are not
limited to:
5.5.2.2 Messages which are pornographic or obscene.
5.5.2.3 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.
5.5.2.4 Messages that involve the use of racial, religious, or
ethnic slurs.
5.5.2.5 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. Polic :
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
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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 or 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.
City employees are prohibited from drinking alcoholic beverages
during working hours (including meal 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:
1. 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 or her supervisor, before beginning work, when
taking any medications or drugs, prescription or
nonprescription, which may interfere with the safe and
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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 or 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
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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 appropriate. The Human Resources
Manager will make arrangements with the medical
facility to conduct appropriate drug and/ or alcohol
tests. The supervisor shall inform his or 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.
Step 2: The supervisor, or his or 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.
Sten 4: If the employee is found to have alcohol or drugs in
his or 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.
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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.
e. 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.
Disci lina 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.
g. Follow Up:
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 or her regular job duties.
2. No further action will be taken.
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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. 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.
G. 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.
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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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