HomeMy WebLinkAboutAGENDA REPORT 2021 0616 CCSA REG ITEM 09ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 16, 2021
ACTION ADOPTED RESOLUTION NO.
2021-4015, RESCINDING RESOLUTION
NO. 2020-3933. (VOICE VOTE:
UNANIMOUS).
BY B. Garza
E. Consider Resolution Amending Personnel Rules for Competitive Service and
Rescinding Resolution No. 2020-3933. Staff Recommendation: Adopt Personnel
Rules Resolution No. 2021-4015, rescinding Resolution No. 2020-3933. (Staff: PJ
Gagajena)
Item: 9.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 06/16/2021 Regular Meeting
SUBJECT: Consider a Resolution Amending Personnel Rules for Competitive
Service and Rescinding Resolution No. 2020-3933
BACKGROUND AND DISCUSSION
The City’s Personnel Rules for Competitive Service Employees was last updated on
July 1, 2020. The attached draft resolution reflects changes to Section 13.6 to adjust
the maximum accumulated annual leave balance from 360 to 380 hours for full-time
employees, and 270 to 290 hours for part-time employees. The City met and conferred
with the Service Employees International Union (SEIU) Local 721 to negotiate this
adjustment of the maximum accrual of annual leave hours for full-time employees and
reached tentative agreement. However, since the policy lives in the City’s Personnel
Rules it is being changed in this document rather than in the Memorandum of
Understanding effective for Fiscal Years 2021-2022 and 2022-2023. Staff also
recommends adjusting the maximum accumulated annual leave balance for part-time
employees to remain consistent. This increase of 20 additional hours helps to address
the annual leave hours being lost by employees who are near or at the limit of their
maximum accrual and are not able to take time off due to operational needs and staff
coverage requirements, and because health and safety protocols during the COVID-19
pandemic limited their opportunities to take annual leave. Even with this adjustment of
maximum annual leave hours, the City remains at the median of maximum accrual limits
in comparison with neighboring cities.
Another proposed change removes City Council approval for special salary adjustments
in Section 4.11. Currently, special salary adjustments related to meritorious service
must be approved by both the City Manager and City Council. In comparison to other
sections of Rule 4 such as Section 4.4 related to assigning the appropriate salary step
for newly hired employees and Section 4.5 in approving salary advancements of full-
time employees, only the City Manager is required to grant final approval and the City
Council is not involved in those decisions. Having only the City Manager’s authority to
approve special salary adjustments in Section 4.11 would remain consistent with the
administrative functions of the City Manager. The Salary Plan must still be adopted by
resolution of the City Council and no position shall be assigned a salary higher than the
Item: 9.E.
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Honorable City Council
06/16/2021 Regular Meeting
Page 2
maximum, nor lower than the minimum salary provided for that class of position as
stated in Section 4.1. Other changes to the Personnel Rules include minor editorial and
formatting corrections and are shown with the use of legislative format in the attached
draft resolution.
FISCAL IMPACT
There is no direct fiscal impact associated with this action as the use of the additional
20 hours of annual leave will be accounted in payroll as authorized paid leave except
when an employee ceases employment with the City and any accumulated annual
leave balance is paid out.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Personnel Rules Resolution No. 2021-____, rescinding Resolution No. 2020-3933.
Attachment: Draft Resolution No. 2021-____ Amending Personnel Rules
232
RESOLUTION NO. 2020-3933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, ESTABLISHING
REVISED PERSONNEL SYSTEM RULES AND
REGULATIONS FOR POSITIONS IN THE
COMPETITIVE SERVICE AND RESCINDING
RESOLUTION NO. 2011-30072020-3933
WHEREAS, the City Council is authorized and directed under the provisions of
Chapter 2.56 of Title 2 of the Moorpark Municipal Code to adopt by resolution of the City
Council rules for the administration of the personnel system created in said chapter; and
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management
for Competitive Service employees in the municipal government; and
WHEREAS, considerable latitude shall be given to the City Manager in either
implementing the responsibilities of the Personnel Director in the interpretation of these
rules, or to a designee of the City Manager acting as Personnel Director or Personnel
Officer in the interpretation of these rules, consistent with Chapter 2.56; and
WHEREAS, Resolution No. 2011-3007 2020-3933 previously established
personnel system rules and regulations for the City, that are now proposed to be updated
and Resolution No. 2011-3007 2020-3933 rescinded.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the Personnel System Rules and
Regulations for Positions in the Competitive Service, attached hereto as Exhibit A and
incorporated herein by reference.
SECTION 2. Resolution No. 2011-30072020-3933 is hereby rescinded in its
entirety.
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City of Moorpark Personnel Rules
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 1st 16th day of JulyJune, 20202021.
__________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A: City of Moorpark Personnel System Rules and Regulations for Positions in
the Competitive Service
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Resolution No. 2020-39332021-
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City of Moorpark Personnel Rules
EXHIBIT A
Resolution No. 2020-39332021-
City of Moorpark
Personnel System Rules and Regulations
for Positions in the Competitive Service
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City of Moorpark Personnel Rules
INDEX
PERSONNEL RULES FOR
COMPETITIVE SERVICE EMPLOYEES
______________________________________________________________________
Pages
RULE 1 DEFINITION OF TERMS 5-11
RULE 2 GENERAL PROVISIONS 12-20
RULE 3 CLASSIFICATION 20-22
RULE 4 COMPENSATION 22-29
RULE 5 APPLICATIONS AND APPLICANTS 29-30
RULE 6 EXAMINATIONS 30-31
RULE 7 EMPLOYMENT LISTS AND APPOINTMENTS 31-35
RULE 8 PROBATIONARY PERIOD 35-37
RULE 9 EMPLOYEE PERFORMANCE EVALUATION 37-38
RULE 10 EMPLOYEE LAYOFF POLICY AND PROCEDURES 38-39
RULE 11 PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES 39-47
RULE 12 TRANSFER AND REINSTATEMENT 47-48
RULE 13 ATTENDANCE, LEAVES AND ACCOMMODATION 48-74
RULE 14 WORKERS’ COMPENSATION 74-77
RULE 15 GRIEVANCE PROCEDURES 77-79
RULE 16 EMPLOYEE REPORTS AND RECORDS 80
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City of Moorpark Personnel Rules
RULE 1. DEFINITION OF TERMS
All words and terms used in this section and in an ordinance or resolution dealing with
personnel policies or procedures shall be defined as they are normally and generally
defined in the field of personnel administration, and shall have the meanings as defined
herein below. Terms not defined herein shall have the meanings as set forth in the
Meyers-Milias-Brown Act.
“Advancement”: A salary increase within the limits of a pay range established for a
class.
“Allocation”: The assignment of a single position to its proper class in accordance with
the duties performed, the authority and responsibilities exercised, and the education,
experience and other requirements; or the assignment of a class to a salary range or rate.
“Anniversary Date” or “Salary Anniversary Date”: The date on which a probationary
or regular employee completes his/her probationary period, on the basis of at least
satisfactory job performance. The initial date is one (1) year from the date of hiring and
coincides with the end of the original probationary period. If the probationary period is
extended pursuant to the applicable rules, then the “Anniversary Date” is the date on
which such extended probationary period ends.
“Appointing Authority”: The City Manager and those department heads of the City to
whom the authority to make appointments has been delegated by the City Manager,
unless otherwise designated by state law or municipal code.
“Appointment”: The act of filling a vacant position with an individual who has met the
qualifications for that position.
“Base Salary” or “Base Rate of Pay”: The salary range and step established in a salary
plan resolution adopted by the City Council, exclusive of any overtime, shift-differential,
incentive or other type of premium pay an employee may receive, including but not limited
to bilingual and longevity pay.
“Bilingual Pay”: Compensation to be paid as an hourly amount, as approved in a City
Council salary plan resolution, to those regular employees with the demonstrated ability
to fluently speak and understand Spanish, as determined by testing administered by the
Personnel Officer.
“Call Back Duty”: Occurs when an employee is unexpectedly ordered by his/her
department to return to duty following the termination of his/her normal work shift or work
week and departure from his/her location because of unanticipated work requirements,
and shall not include prescheduled overtime work.
“Calendar Day”: The 24-hour day as denoted on the calendar.
“Candidate”: An applicant in the process of examination and selection.
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“Certification”: Establishment of an Eligibility List by the Personnel Officer and the
submission of the eligible names to the appointing authority.
“City”: Moorpark, California.
“City Council” or Council”: Moorpark City Council.
“Class”: All positions sufficiently similar in duties, authority, and responsibility to permit
grouping under a common title in the application with equity of common standards of
selection, transfer, demotion and compensation.
“Classification Plan”: The designation by resolution of the City Council of a title for
each class, together with the specifications for each class.
“Class Specifications”: A written description of a class, setting forth the essential
characteristics, knowledge, skills, abilities, and requirements of positions in the class.
“Compensatory Time Off”: Time taken off, with pay, from work in lieu of receiving
payment for overtime previously accrued by an employee.
“Competitive Service”: All positions of employment in the service of the City, except
those specifically excluded by resolution of the City Council.
“Continuous Service”: The employment, without break or interruption, of an employee
having a probationary or regular appointment. A break or interruption in continuous
service shall be construed as a severance of the employee from his/her employment
initiated by either the City or the employee for periods of more than fifteen (15)
consecutive calendar days.
“Demotion”: The voluntary or involuntary movement of an employee from a position in
one class to a position in another class having a lower maximum base salary.
“Departmental Procedures”: Procedures that departments may establish relating to
their specific operational needs. These procedures must conform to related laws and
must not conflict with the City’s Personnel Rules or any rules, directives, or procedures
that may be established by the City Manager.
“Disciplinary Action”: The dismissal, demotion, reduction in salary, suspension or
termination of an employee for cause.
“Dismissal”: The involuntary separation of an employee from City employment.
“Eligible”: A person who has successfully passed a competitive examination or
interview and whose name has been placed on an employment list for a position in the
Competitive Service, and who may be appointed to a vacant position, as provided by the
Personnel Rules.
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“Eligible List”: A list of eligible applicants for a position, ranked according to the score
they received on a competitive examination.
“Employee”: A person occupying a position in City employment.
“Employment List”: Any eligible, promotional, or reemployment list maintained by the
City.
A. Open employment list: A list of names of persons who have taken an open-
competitive examination for a class, which is in the Competitive Service, and have
qualified.
“Examination”:
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, which is open only
to employees meeting the qualifications for the class.
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 year.
“Full-Time Employee”: An employee regularly scheduled to work and occupying a full-
time position.
“Full-Time Position”: A position in the Competitive Service of the City, which requires
at least forty (40) hours of work per week.
“Holiday Pay”: Pay received by employees for a City approved holiday.
“Interim Appointment”: The appointment of a person to an interim position.
“Immediate Family Member”: Unless otherwise specified, immediate family means:
spouse; natural, step, or legal children; parent, including parents-in-law; brother or sister,
including brother-in-law and sister-in-law; grandparents; grandchildren; State of California
registered domestic partners; and children of State of California registered domestic
partners.
“Interim Position”: A temporary full-time or part-time position for a designated period
of time which may extend beyond the one (1) year limit reserved for temporary positions.
Interim positions accrue all fringe benefits and salary increases the same as full-time
regular positions during the authorized period of employment.
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“Layoff”: The separation of employees from the active work force or the abolition of
positions by the City Council due to economic or operational reasons, or due to
organizational changes or reductions or elimination of City services.
“Longevity Pay”: Longevity pay is a grandfathered benefit only available to regular full-
time employees hired prior to January 1, 2015, for compensation to be paid per pay period
to a regular full-time or part-time employee in recognition of cumulative months of service
to the City.. Longevity pay shall be consistent with the compensation approved in a City
Council salary plan resolution.
“Out-of-Class Assignment”: The temporary assignment of an employee to a position
which has been officially allocated by the City to a higher class other than the one
presently occupied by the employee. These provisions include those classifications
whose specific duties and responsibilities require supervision in absence of an immediate
supervisor.
“Overtime”: Time worked beyond forty (40) hours in an eligible employee’s designated
work week.
“Part-Time Position”: A position having a work schedule of fewer than forty (40) hours.
A part-time position may be either interim, temporary, or regular. Part-time employees
shall be paid the hourly equivalent of the monthly salary paid to a full-time employee in
the classification to which they are assigned or the hourly wage set for the part-time
position.
“Personnel Director” or “Personnel Officer”: Consistent with Moorpark Municipal
Code Section 2.56.030, the City Manager shall administer the City personnel system, and
may act as the Personnel Director, or may delegate any of the powers and duties to a
Personnel Director or Personnel Officer.
“Personnel Resolution and Personnel Rules”: City Council Resolution No. 2020-
39332021- as adopted on July 1, 2020June 16, 2021, and such subsequent resolution
that may amend or supersede said Resolution No. 2020-39332021-.
“Personnel Ordinance”: Chapter 2.56 of the Moorpark Municipal Code, which creates
a personnel system for the City.
“Position”: A group of duties and responsibilities assigned to one employee and
performed in either a full-time or part-time basis.
“Probationary Appointment”: The probationary employment of a person. A
“probationary appointment” is for a specified period during which job performance is
evaluated as a basis for a subsequent regular appointment. During the initial probationary
appointment, the probationary employee is an at-will employee, and thus serves at the
pleasure of the appointing authority and has no right to continued employment.
“Probationary Employee”: An employee who is working in a probationary appointment.
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“Probationary Period”: A period to be considered an integral part of the examination,
recruiting, testing and selection process during which the employee must demonstrate
the capability to fulfill duties as assigned and establish effective working relationships with
fellow employees, and the City determines whether the probationary employee meets the
required standards and duties of the position. Refer to Rule 8 regarding provisions and
term length of probationary period.
“Promotion”: The movement of an employee from one class to another class having a
higher maximum base salary.
“Provisional Appointment”: An 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 eligible candidates. In no instance shall a
provisional appointment exceed six months.
“Reclassification”: The reassignment of a position from one class to a different class
in accordance with a re-evaluation of the minimum qualifications, duties and
responsibilities of the position.
“Reduction”: A salary decrease within the limits of the salary range established for a
class.
“Reemployment”: The probationary appointment of an employee after the employee
who resigned in good standing from a permanent regular position or the return of an
employee from a non-disciplinary demotion to a position which the employee held not
more than one year previously. In either case, reinstatement must occur not more than
one (1) year from the date of separation. Such reinstatement may be done without
further competitive examination.
“Regular Employee”: An employee in the Competitive Service who has successfully
completed the probationary period and has been retained in either a regular full-time or
regular part-time budgeted position, as hereafter provided in these rules.
“Regular Part-Time Employee”: An employee who has successfully completed the
probationary period and who is regularly scheduled to work at least 30 hours but less than
40 hours per work week in a part-time position, and designated as such in the current
adopted budget for not less than 1,560 total hours per fiscal year. “Regularly scheduled”
shall mean that the employee shall work the same number of hours per work week, as
specified in the budget for that position. A regular part-time position would typically only
be approved for accommodation or budgetary reasons.
“Regular Rate of Pay”: Hourly compensation rate used for calculation of overtime pay
and is based on all payments given to an employee as remuneration for employment,
less the exclusions permitted by the Fair Labor Standards Act, and divided by the total
hours for which such remuneration was paid in a work week.
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“Regular Part-time Position”: A position regularly scheduled to require the service of
an employee to work at least thirty (30) hours, but less than forty (40) hours per work
week, and designated in the current adopted budget of the City to work no less than one
thousand five hundred and sixty (1,560) hours per year.
“Reinstatement”: The restoration without engaging in a recruitment and testing process
of a former regular employee or probationary employee to a classification in which the
employee formerly served as a regular non-probationary employee within twelve (12)
months of the employee’s voluntary separation, transfer or promotion from that
classification. A reinstated employee shall serve a six-month probationary period.
“Relief of Duty”: The temporary assignment of an employee to a status of leave with
pay.
“Resignation”: The voluntary separation of an employee from City employment.
“Salary Anniversary Date” or “Anniversary Date”: See Section 1.3 (“Anniversary
Date” or “Salary Anniversary Date”).
“Salary Increase”: The increase of an employee’s salary within the salary range
established for the class of position he/she occupies as a result of satisfactory job
performance in such position, and may also include a cost-of-living salary increase not
related to job performance.
“Salary Plan”: The assignment by the City Council resolution of salary ranges and/or
salary rates to each class.
“Salary Range”: The range of salary rates for a class.
“Salary Rate”: The dollar amount of each step in a salary range, or the flat dollar amount
for a class not having a salary range.
“Salary Step”: The minimum through maximum salary increments of a salary range.
Steps are designated in order of lowest to highest.
“Standby Duty”: Provides that an employee who is released from duty is required by
his/her department to leave notice where he/she can be reached and that he/she be
available to return to duty when required. “Standby duty” requires that an employee: (1)
be ready to respond immediately, (2) be reachable by phone, (3) be able to report within
a specified period of time, and (4) refrain from any activities that might impair his/her
ability to perform assigned duties.
“Suspension”: The temporary separation from service of an employee without pay for
disciplinary purposes.
“Temporary Appointment”: An appointment to a temporary or regular position for a
period of one (1) year or less.
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“Temporary Employee”: A person who has been appointed to a temporary or a regular
position for a limited period and is not a competitive service employee.
“Temporary Position”: A full-time or part-time position of limited duration.
“Termination”: The separation of an employee from the City service because of
retirement, resignation, layoff, death, dismissal, or work completion for a limited-term
appointment.
“Title”, “Class Title”, “Title of Class”: The official name applied to a class and to each
position allocated to the class and to the incumbent of each position.
“Transfer”: A change of an employee from one position to another position in the same
class or in a comparable class, or an organization change of moving an employee to
another department, division, or facility.
“Veteran”: This definition shall have the same meaning as in Section 18973 of the
California Government Code, for the purposes of determination of veteran’s preference
in establishment of an employment list following a competitive examination (pursuant to
Section 7.1 (Employment List) of these Rules).
“Work Day”: Day on which work is done, for an agreed or stipulated number of hours in
return for a salary or wage, and based on the regular payroll work schedule for each
employee as approved by the department head. The days of the week and hours may
vary per employee.
“Work Week”: A fixed and regularly occurring period of seven consecutive 24-hour
periods that is designated for each employee. The starting day and time may vary by
employee.
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RULE 2. GENERAL PROVISIONS
Section 2.1. Role of Personnel Director/Personnel Officer: The City Manager
shall administer the City personnel system as Personnel Director and shall interpret, apply
and administer these Rules. The City Manager may delegate any of the powers and
duties conferred upon him/her in Municipal Code Chapter 2.56 to any other assigned
employee he/she designates as Personnel Director and/or Personnel Officer.
Section 2.2. Applicability of Rules: All rules, actions, regulations, and policies
herein shall apply only to employees in the Competitive Service of Moorpark unless a
particular section or provision excludes specific classifications of positions. For example,
certain classifications of positions in the competitive service may be exempted from the
payment of overtime and compensatory time as provided for in Section 4.12 (Overtime
and Compensatory Time) of these Rules. Positions not included in the competitive
service under this section shall serve at the pleasure of the appointing authority, and
employees who hold such positions are at-will employees. At-will employees have no
property right in continued employment, and have no right to any pre-disciplinary or post-
disciplinary procedural due process, appeal or grievance.
The Competitive Service shall consist of all positions in the City service except the
following:
A. All elective officers;
B. All members of appointive boards, commissions and committees;
C. The City Manager and any Assistant or Deputy City Manager;
D. The City Attorney and any Assistant or Deputy City Attorney;
E. The City Clerk;
F. The City Treasurer and any Assistant or Deputy City Treasurer;
G. All department heads and assistant department heads;
H. All City Council appointed City officers;
I. Persons engaged under contract to provide expert, professional, technical or any
other service;
J. Volunteer personnel;
K. Temporary employees;
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L. Emergency employees who are hired to meet the immediate requirements of an
emergency condition, such as extraordinary fire, flood, or earthquake, which
threatens life or property;
M. Employees, other than those listed elsewhere in this section, who are not
employed in regular positions. “Employed in regular positions” means an employee
hired for an indefinite term into a budgeted position, who is regularly scheduled to
work no less than one thousand five hundred sixty (1,560) hours per year, and at
least thirty (30) hours per week, and has successfully completed the probationary
period and been retained as provided in the personnel rules;
N. Any position primarily funded under a state or federal employment program;
O. Other management and management professional positions designated as Non-
Competitive Service in the City Council adopted Salary Plan and designated as
exempt in the City Council adopted Classification Plan.
Section 2.3. Amendment of Rules: Proposed amendments to these Rules shall
be submitted to the City Manager for review and recommendation prior to submittal to the
City Council. Advance notice for the purpose of meeting and conferring shall be given to
recognized employee organizations for any amendments which affect wages, hours, and
other items and conditions of employment. As provided in Section 3500 et seq. of the
Government Code, in cases of emergency, when the City Council determines that
amendment(s) to these Rules must be adopted immediately without prior notice or
meeting with a recognized employee organization, the City shall provide such notice and
opportunity to meet at the earliest practicable time following the adoption of the
amendment(s). Amendments shall become effective upon adoption of the City Council or
at such other time as the adopting resolution may provide.
Section 2.4. Violation of Rules: Violation of these Rules may be grounds for
rejection of an application or probationary period, discharge, suspension or other
disciplinary action, as the Personnel Officer or Personnel Director may consider
appropriate.
Section 2.5. Loyalty Oath: All employees subject to these Rules shall, before
they enter upon the duties of their employment, take and subscribe the oath of allegiance
prescribed in the California Constitution.
Section 2.6. Equal Employment Opportunity: Federal and State laws prohibit
discrimination against employees or applicants for employment on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age (over 40), sexual orientation, or military and veteran status or any
other basis protected by law (collectively, “Protected Categories”). No question on any
test, application form, interview, or other personnel proceeding shall be so framed as to
attempt to elicit information concerning Protected Categories. Any appointment to or
removal from City service shall not be made on the basis of a Protected Category. Neither
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the City nor any employee organization shall discriminate in any way against any City
employee or applicant for City employment on the basis of a Protected Category.
The City has a commitment to ensure equal opportunities for disabled applicants and City
employees. Every reasonable effort will be made to provide an accessible work
environment for such employees and applicants. Employment practices (for example,
hiring, training, testing, transfer, promotion, compensation, benefits, and disciplinary
action) will not discriminate against disabled employees. The City will engage in the
interactive process, as defined by the Americans with Disabilities Act (“ADA”) and the Fair
Employment and Housing Act (“FEHA”), to determine whether an applicant or employee
is able to perform his/her essential functions. During this process, the City will examine
possible reasonable accommodations that will make it possible for the employee or
applicant to so perform. Such interactive process will include a meeting with the employee
or applicant, the City, and, if necessary, the employee or applicant’s health care provider.
Reasonable accommodation can include, but is not limited to, job restructuring or
reassignment to a vacant position for which the employee is qualified. Examples of
accommodations that are considered unreasonable include, but are not limited to
promotion, the creation of a new position, or the reassignment of essential functions of
the position.
While the City is engaged in the interactive process with an employee, the City may
require that the employee be placed on a fitness for duty leave in accordance with section
2.189.
Section 2.7. Severability: If any section, subsection, sentence, clause, or phrase
of these Rules is found to be illegal by a court of competent jurisdiction, such findings
shall not affect the validity of the remaining portions of these Rules.
Section 2.8. Cooperation: Every employee of the City of Moorpark shall
cooperate with the City Manager in order to completely fulfill the objectives and purposes
of these Rules.
Section 2.9. Updating of Employee’s Personal Information: It shall be the
responsibility of each employee to ensure that personal information on the employee's
personnel record is kept current, including but not limited to home address and contact
phone number.
Section 2.10. Employee Activities: During the employee’s work day, he/she is
expected to devote his/her full time in the performance of his/her assigned duties as a
City employee. An employee in the Competitive Service shall not engage in any
employment, outside activity or enterprise which is inconsistent, incompatible, in conflict
with, or interferes with his/her ability to perform the duties, functions or responsibilities of
his/her position as a City employee. He/She shall not engage in any outside activity which
will directly or indirectly contribute to the lessening of his/her effectiveness as a City
employee. No employee shall engage in any type of activity relating to an employee
organization during such time an employee is on duty, except as expressly provided by
the City Manager, state and federal laws, or Council resolution.
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Section 2.11. Inconsistent Activities and Outside Employment: In making a
determination as to the consistency or inconsistency of outside employment, activity or
compensation (“outside employment”), the Personnel Director or Personnel Officer shall
consider, consistent with the provisions of Government Code Section 1126 where
applicable, whether the employment involves:
A. The use for private gain or advantage of City time, facilities, equipment and
supplies, or
B. Receipt or acceptance by the employee of any money or other consideration from
anyone other than the City for the performance of an act which the employee, if
not performing such act, would be required or expected to render in the regular
course or hours of his/her employment with the city or as a part of his/her duties
as a City employee, or
C. The performance of an act in other than his/her capacity as a City employee which
act may later subject directly or indirectly to the control, inspection, review, audit,
or enforcement of any other officer or employee of the City, or
D. Such time demand as would render performance of his/her duties as a City
employee less efficient.
Section 2.12. Outside Employment: Any employee who wants to undertake a
paid outside employment, activity, or enterprise must submit a written request to his or
her department head. The written request must include: the work hours and/or time
required; job title or the nature of the activity; the work location; and the supervisor,
manager and name of the employer or activity.
The Personnel Director or Personnel Officer will determine if the outside employment,
activity, or enterprise is compatible with the employee’s employment at the City. If the
Personnel Director or Personnel Officer determines such activity is compatible, or would
be if any conditions or restrictions are applied, he/she will authorize the activity and
specify the conditions/ restrictions in writing, give the employee the outside employment
authorization, and place a copy of the written authorization in the employee’s personnel
file.
An outside employment authorization is valid only up to one year. Should the employee
continue the outside employment, activity, or enterprise for a longer duration, he/she must
make another request following the process in this section prior to expiration of the one-
year approval period.
If the Personnel Director of Personnel Officer denies an employee’s outside employment
request, the employee may submit a written notice of appeal to the City Manager within
10 days after the date of the denial. The decision on appeal will be put in writing, provided
within 10 days after the receipt of the appeal, and will be final.
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Section 2.13. Improper Use of City Equipment/Property/Facilities/Resources
Prohibited: Employees may only use City equipment or property (for example, autos,
trucks, instruments, tools, supplies, machine, badge, identification cards), facilities and
resources (including electronic resources, for example, telephone, computer, email and
internet) in compliance with City policies, and not for reasons other than City business,
except upon prior written approval of the employee’s department head with a copy
provided to the City Manager. Except as authorized by this section, employees are
expected to avoid any use or communication which is unrelated to City business,
destructive, wasteful, or illegal. The City has discretion to restrict or rescind employee
access to City equipment, property, facilities or resources. The following are examples of
improper use of City equipment, property, facilities or resources:
A. Any use that violates applicable law and/or City policies, rules or procedures.
B. Exposing others to material which is offensive, harassing, obscene or
inappropriate. This includes information which could create an intimidating,
offensive or hostile work environment.
C. Any use that may create or further a hostile attitude or give offense on the basis of
race, color, religion, sex, gender, gender expression, gender identity, national
origin, ancestry, citizenship, age, marital status, physical or mental disability,
medical condition, genetic information, sexual orientation, veteran status or any
other basis protected by law.
D. Communication of confidential City information to unauthorized individuals within
or outside of the City.
E. Unauthorized attempts to access or use City data or break into any City or non-
City system.
F. Theft or unauthorized transmission or copying of paper or electronic files or data.
G. Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass
communication.
H. Misrepresentation of one’s identity for improper or illegal purposes.
I. Personal commercial or business activities (for example, “for sale” notices,
personal ads, etc.).
J. Transmitting/accessing obscene material and/or pornography.
K. E-Commerce.
L. Online gambling.
M. Installing or downloading unauthorized software or equipment.
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N. Violating terms of software licensing agreements.
O. Using City equipment or resources to access and/or use dating web resources,
personal social media, or games of any type.
To avoid the appearance of improper use of public property, City vehicles shall not be
used for lunch breaks or errands of a personal nature, except as allowed by administrative
procedures approved by the City Manager.
No employee shall allow any person not employed by the City to rent, borrow, or use any
City property item, including the items mentioned above, unless upon prior written
approval of the City Manager. Only employees, volunteers or supervisor approved
individuals conducting or associated with City business may ride in any City vehicle.
Section 2.14. City Monitoring/Inspection Rights on City Property: The City
periodically and without prior notice, monitors, reviews, inspects and accesses City
equipment and facilities, and employee’s use of such equipment and facilities, even when
employees are permitted to use such equipment or facilities on their break or meal period
time. If a global positioning system (GPS) device is placed on any equipment, a notice
shall be placed in a prominent location on the equipment so the user is aware of such
placement and use. Monitoring use of equipment with GPS may include but not be limited
to internet tracking of activity and location. The City will provide training to employees on
the capabilities of the GPS system prior to implementation.
All City equipment and facilities remain the sole property of the City and are subject to
monitoring and inspection at any time and employees shall have no right of privacy when
using City equipment and facilities. Such monitoring or inspection can occur with or
without advance notice or consent, with the exception of the posted vehicle notice for
GPS monitoring. Equipment and facilities monitoring may be conducted by any
supervisor, manager or City designee. Other examples of City equipment for which
employee use may be monitored or inspected includes telephones (including cellular
phones), computers (including e-mail and internet use) and City networks and electronic
resources. The existence of passwords does not restrict the City’s access, and
employees must provide the City with any user names or passwords for any City-issued
equipment or electronic resource upon demand. Employees should not place personal
items within City equipment and facilities and expect any right to deny access. Employees
shall not place or install private locks on desks, doors, cabinets or lockers without
authorization. Examples of City equipment and facilities that may be inspected at any
time include: desks, file cabinets, book shelves, vehicles (including glove compartments
and trunks), closets, and office space. Prohibited materials such as weapons, explosives,
alcohol, illegal drugs or paraphernalia may not be brought to the work site and may not
be placed in any City equipment or facilities.
Section 2.15. Employment of Family Members: The City regulates the
employment and placement of relatives, spouses, and domestic partners so as to avoid
conflicts of interest; promote safety, security, supervision, and morale; and protect privacy
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rights. For the purposes of this policy, a “relative” shall be defined to include the following:
child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle,
niece, nephew, cousin, in-laws, and all family members of those enumerated by marriage
or domestic partnership including but not limited to step relatives.
An applicant for a position, with a relative currently employed by the City, may not be
denied the right to file an application for employment; however, the City will not appoint,
promote or transfer an applicant or employee to a position, even if the applicant or
employee is successfully certified as eligible, where such employment:
A. Would place one relative under the direct or indirect supervision of the other
relative.
B. Would place both relatives in the same department, division or facility.
C. Would place both relatives in positions in which they have job duties which require
performance of shared duties on the same or related work assignment.
D. Would place one of the relatives in a position with access to information concerning
confidential personnel matters, which may compromise such confidential
information.
E. Would create a potential for an adverse impact on supervision, safety, security,
morale, or efficiency.
F. The applicant for employment is a relative of a then current member of the City
Council, City Manager, or City employee designated as Personnel Director or
Personnel Officer.
G. The applicant for employment is a relative of a then current member of a City
Council appointed commission or board.
The City will not appoint, promote, or transfer a person to the same department, division,
or facility in which the person’s spouse or registered domestic partner already holds a
position, if such employment would result in any of the following:
A. One spouse or domestic partner being under the direct supervision of the other
spouse or domestic partner, or in a position to exert influence on the hiring,
promotion, transfer, or performance evaluation of another; or
B. Potential conflicts of interest or hazards for married persons or those in domestic
partnership which are greater than for those who are not married or in domestic
partnerships.
If two City employees who work in the same department later become spouses, domestic
partners, or the equivalent, the City Manager has discretion to transfer one of the
employees to a similar position in another department. Although the wishes of the two
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employees will be considered, the City Manager retains sole discretion to determine
which employee will be transferred based upon City needs for supervision, safety,
security or morale. Any such transfer that results in a salary reduction is not disciplinary
and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due
process.
If continuing employment of both employees, who work in the same department and who
later become spouses or domestic partners, cannot be accommodated in a manner the
City Manager finds to be consistent with the City’s interest in the promotion of supervision,
safety, security, or morale, then the City Manager retains sole discretion to separate one
employee from City employment. Absent the resignation of one employee, the less senior
employee will be separated. Any such separation is not considered to be disciplinary and
is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process.
Section 2.16. Concurrent Employment and Membership on City Council,
Commissions or Boards: An employee in the Competitive Service of the City that
accepts a seat on the Moorpark City Council, Planning Commission, Parks and
Recreation Commission, Arts Commission, Library Board, or any other Commission or
Board appointed by the Mayor with consent of the City Council, or appointed by the City
Council, shall be deemed to have resigned his/her employment with the City.
Section 2.17. Drug/Alcohol Testing: Employees with a Class A or B license shall
be subject to random drug/alcohol testing per rules established by the U.S. Department
of Transportation and as established by City Council policy and/or City Manager approved
administrative procedures. An employee may also be directed by the Personnel Director
or Personnel Officer to submit to drug/alcohol testing, as set forth in a City Council policy
and/or City Manager approved administrative procedures, based on reasonable suspicion
that an employee is under the influence of alcohol or drugs at work.
Section 2.18. Employee Driving Record: The City shall enroll all employees who
operate City vehicles, and/or receive a vehicle allowance or mileage reimbursement to
drive their private vehicle on City business, in the State Department of Motor Vehicle’s
Pull Notice Program. An employee who has an unsafe driving record may be considered
uninsurable. The City Manager has the authority to make a determination regarding the
driving insurability of any employee. Upon receipt of notice of a license restriction,
suspension, and/or revocation, the City Manager shall take appropriate disciplinary action
for an employee with a job classification requiring possession and maintenance of a valid
California Driver’s License and/or who is required to drive a vehicle for the City.
Section 2.19. Fitness for Duty Examinations: At its discretion, the City shall
have the right to require an employee to submit to a fitness for duty examination to
determine if the employee is able to perform the essential functions of his/her job when
there is significant evidence that the employee’s ability to perform one or more essential
functions of his or her job has declined; or could cause a reasonable person to question
whether an employee is still capable of performing one or more of his or her essential job
duties, or is still capable of performing those duties in a manner that does not harm him
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or herself or others. Fitness for duty examinations shall be ordered by the Personnel
Director or Personnel Officer, and the examination shall be at the City’s expense.
Section 2.20. Harassment, Discrimination, and Retaliation: The City has a
strong commitment to prohibiting and preventing harassment, discrimination, and
retaliation in the workplace. In keeping with this commitment, the City has zero tolerance
of harassment, discrimination, and retaliation in the workplace, and maintains a strict
policy prohibiting all forms of harassment, discrimination and retaliation in the workplace.
The City’s policy on the prohibition of harassment, discrimination, and retaliation in the
workplace shall be as set forth in a City Council resolution. Individuals who violate the
City’s policy prohibiting harassment, discrimination, and retaliation in the workplace will
be subject to appropriate sanction or disciplinary action, up to and including dismissal.
Section 2.21. Violence-Free Workplace: The City is committed to providing a
safe and secure workplace and will not tolerate acts or threats of violence in the
workplace. The City’s policy against violence in the workplace shall be set forth in City
Manager approved administrative procedures and/or as established by City Council
resolution.
Section 2.22. Emergency Responsibilities: Per State law, all employees are
subject to being assigned emergency responsibilities due to a disaster. During a major
disaster, off-duty employees are under an obligation to contact their respective
supervisor, department head, City Manager, Assistant City Manager, or City Emergency
Operations Center for possible assignment. The City shall provide each employee with
the telephone number to call for instructions regarding reporting to work during an
emergency.
RULE 3. CLASSIFICATION
Section 3.1. Preparation of Classification Plan: The City Manager shall be
responsible for preparing and recommending a position classification plan for adoption by
the City Council. The Classification Plan shall consist of classes of positions in the
Competitive Service defined by class specifications including a title, a description of
typical duties and responsibilities of positions in each class, a statement of the training,
and experience and qualifications to be required for appointment. Class specifications
are explanatory, but not restrictive. The listing of particular tasks shall not preclude the
assignment of other related kinds of tasks or jobs. The Classification Plan shall be so
prepared that all positions substantially similar with respect to duties, responsibilities, and
other like characteristics of work are included within the same class and at the same
salary range.
Section 3.2. Adoption or Amendment of Classification Plan: Before the
Classification Plan or any amendment thereof shall become effective, it shall be first
adopted by a resolution of the City Council. Upon adoption by the Council, the provisions
of the Classification Plan shall be observed in the handling of all personnel actions and
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activities. The Classification Plan shall be amended or revised as occasion requires in
the same manner as originally established.
Section 3.3. Allocation of Positions: Following the adoption of the
Classification Plan, the City Manager shall allocate every position in the Competitive
Service to one of the classes established by the Plan.
Section 3.4. New Positions: When a new position is created, no person shall be
appointed or employed to fill the position prior to the position’s assignment to a class
unless otherwise provided by these Rules. The City Manager may recommend an
amendment to the Classification Plan to establish an appropriate class for the new position.
Section 3.5. Reclassification of Position: When in the case that the duties,
responsibilities and characteristics of a position have materially changed, a study of the
position shall be made to determine its appropriate classification. The City Manager shall
either make no change in the position’s classification, allocate the position to an existing
classification, or recommend the establishment of a new class to which the position would
be allocated, whichever is the appropriate action. Reclassification shall not be used for
the purpose of avoiding restrictions regarding demotions and promotions. No person shall
be appointed or employed to fill a reclassified position unless the said reclassified position
has been incorporated in the Classification Plan as provided by these Rules.
Section 3.6. Out-of-Class Assignment/Temporary Assignment:
A. The term “out-of-class assignment” is defined in Section 1.341.37 (“Out-of-Class
Assignment”).
B. Acceptable reasons for out-of-class assignments are:
1. Non-availability of properly classified employees to fill the vacancy.
2. The temporary filling of a vacant position pending certification of an eligible
person.
C. An out-of-class assignment request may be made to the City Manager by a
department head if, in his/her opinion, such action is necessary for the proper
functioning of the department. The assignment must be consistent with the City’s
Salary Plan and Classification Plan, and may be accomplished by an interim
appointment to the vacant position or to a more entry level position in the
classification series for which there is a vacancy. The employee receiving the out-
of-class/temporary assignment must possess the qualifications for the position, as
described in the Classification Plan job description.
D. Out-of-class assignments shall not exceed thirty (30) consecutive calendar days
without further approval by the City Manager. Out-of-class assignments shall not
be made for the purpose of avoiding the filling of a regular budgeted position by an
appointment.
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E. As soon as the appointing department head becomes aware that a position may
be vacant for more than sixty (60) calendar days, he/she shall inform the City
Manager and Personnel Director or Personnel Officer, so that certification of
replacement personnel may be made or, if necessary, a recruitment and
examination may be scheduled.
F. An eligible employee approved by the City Manager for a temporary out-of-class
assignment shall receive an increase of five percent (5%) or the first step of the
higher range, whichever is greater, but not exceeding the top step of the salary
range of the position to which he/she has been temporarily assigned.
RULE 4. COMPENSATION
Section 4.1. Preparation and Adoption of Salary Plan: The City Manager shall
be responsible for recommending a Salary Plan including wage rates and salary ranges
covering all classes of positions in the Competitive Service of the City and any special
compensation approved in a Memorandum of Agreement for Competitive Service
employees. Before the Salary Plan shall become effective, it shall be first approved by
resolution of the City Council. After the Salary Plan is adopted, no position shall be
assigned a salary higher than the maximum, nor lower than the minimum salary provided
for that class of position, unless the salary range for the class is amended in the same
manner as herein provided for its adoption.
Section 4.2. Salary Plan Structure: The salary ranges and steps for all
classifications shall be as established by a City Council adopted salary plan resolution.
Section 4.3. Appropriate Salary Step: Employees occupying a position in the
Competitive Service shall be paid a salary or wage within the range established for that
position’s class under the adopted Salary Plan. An employee may be assigned a Step “Y”
because of a downward reclassification, which may include a demotion or the lowering of
a salary range based on a salary survey, subject to City Council approval of an
amendment of the Salary Plan to include the “Y” step for any position. A reclassified
employee shall remain in the Step “Y” until such time as his/her job is assigned to a salary
range in which one or more of the steps is equivalent to or higher than the Step “Y”, at
which time the employee shall be placed in a step closest to but not lower than Step “Y”.
Such employee shall not receive annual merit raise or cost-of-living salary adjustments
until such time as Step “Y” is equivalent or less than the next step of the salary range of
the employee’s reclassified position. When a position is reclassified to an equivalent
classification, the employee shall retain his/her salary rate and anniversary date. When
a position is reclassified to a higher paid classification, the employee shall be placed at
Step A in the new higher range or placed at the step which is a minimum five percent
(5%) salary increase for the employee, with the exception that the reclassification salary
step cannot exceed the highest step of the new range.
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Section 4.4. Newly Hired Employees’ Salary Step: Newly hired employees
shall be appointed at Step A of the salary range to which their class is assigned, unless
the City Manager authorizes a higher step within the applicable salary range when
applicable economic conditions, minimum wage requirements, unusual employment
conditions or the exceptional qualifications of a candidate for employment indicate that a
higher initial step would be in the City’s best interest, upon recommendation of the
appointing authority. In the case of an employee hired at any step above Step A, said
employee may be advanced to the next higher step in his/her range upon completion of
the probationary period. The employee would then be eligible for the next step one (1)
year from his/her anniversary date, pursuant to Section 4.5 (Salary Advancement - Full-
time Employees).
Section 4.5. Salary Advancement - Full-time Employees: Full-time Employees
may be considered for an increase in salary according to the following rules:
A. Any salary increase or denial of salary increase shall require the specific
recommendation of the employee’s department head and/or immediate
supervisor, and the approval of the City Manager.
B. Eligible employees receiving a performance evaluation rating of satisfactory or less
than satisfactory shall not receive a merit increase. Those eligible employees
rated commendable (one level above satisfactory), with a minimum score of 7 out
of a total 10-point scale, or outstanding (two levels above satisfactory), with a
minimum score of 8.6 out of a total 10-point scale, shall receive a five percent (5%)
merit increase, not to exceed the highest step in the salary range.
C. An employee is eligible to receive a merit increase upon the successful completion
of his/her probationary period, with at least a commendable performance
evaluation rating, and thereafter is eligible one year from each preceding
anniversary date, subject to a qualifying performance evaluation rating, so long as
the merit increase does not exceed the highest step of the applicable salary range
and is consistent with the provisions of these rules. For a promoted employee with
a six-month probationary period, the effective date of the promotion is the
anniversary date for the purposes of determining merit raise eligibility and not the
completion of the probationary period. Leave without pay will result in a revised
anniversary date for completion of probation and eligibility for a merit raise.
D. Any salary increase granted pursuant to this Section shall be effective as of the
first calendar day of the pay period in which the anniversary date occurs.
Advancement shall not be automatic. When an employee is denied a salary
increase, the employee may be reconsidered for such advancement at any
subsequent time if approved by the City Manager. If the employee receives a
salary increase as a result of reconsideration, the employee shall not be eligible
for the next and any subsequent salary increase in the same class for one year
from the effective date of the salary increase granted as a result of said
reconsideration; provided, that the employee’s anniversary date for leave accrual
and other benefits that are based upon length of service shall not be affected. As
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addressed in Rule 13 (Attendance, Leaves, and Accommodation), an unpaid leave
of absence will result in a corresponding change to an anniversary date.
E. Overlooked salary advancements shall be retroactive to the first calendar day of
the pay period in which the employee’s anniversary date occurs, upon approval by
the City Manager.
Section 4.6. Salary on Promotion: All employees who are promoted to a
position in a class with a higher salary range shall be placed on the Step A in the new
higher range or placed at the step which is a minimum 5% salary increase for the
employee, not to exceed the highest step of the new range.
When economic conditions, unusual employment conditions or exceptional qualifications
of a candidate for promotion indicate that a higher step would be in the City’s best
interests, upon recommendation of the appointing authority, the City Manager may
authorize hiring at a higher step in the salary range.
The effective date of the promotion shall become the new anniversary date for the
purposes of determining merit raise eligibility. The promoted employee’s anniversary date
for leave accrual and other benefits that are based upon length of service shall continue
to be date of hire for regular full-time and part-time employees promoted to a position in
a class with a higher salary range, except as modified by a leave of absence without pay.
Section 4.7. Salary on Demotion: Any employee who is demoted through
procedures in Rule 11 12 (Transfer, Demotion, Suspension and Reinstatement) or Rule
12 11 (Pre-Discipline, Discipline and Appeals Procedures) may be placed at a lower step,
may be placed at a step in a lower range, or may be placed at Step “Y” which is equal to
the employee’s current salary step, as may be determined by the demotion disciplinary
decision. The employee’s anniversary date shall not change. Section 4.3 describes the
requirement for a Salary Plan amendment to approve Step “Y”.
Section 4.8. Salary on Reinstatement: An employee who resigned in good
standing may, within one year of such resignation and upon recommendation of the
department head and approval of the City Manager, be reinstated in a position in the class
in which the employee had previously served, subject to an available budgeted position.
Upon such reinstatement, the employee shall not receive higher than the step in the salary
range the employee previously received prior to the employee’s separation. The
employee shall be given a new anniversary date. Upon reinstatement, the employee shall
receive annual leave in accordance with Section 13.6 (Annual Leave), and no credit for
former employment shall be granted in computing the annual leave accrual rate, except
on the specific recommendation of the appointing authority at the time of reinstatement,
and upon the approval of the City Manager.
When economic conditions, unusual employment conditions or exceptional qualifications
of a returning employee indicate that reinstatement to a higher salary step would be in
the City’s best interests, upon recommendation of the appointing authority, the City
Manager may authorize hiring at a higher step in the salary range.
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Section 4.9. Salary on Transfer: Any employee who is transferred from one
position to another position in the same class, or to another position in a class having the
same salary range, shall be compensated at the same step in the salary range as the
employee previously received. The employee’s anniversary date shall not change.
Section 4.10. Salary on Position Reclassification: When a position is
reclassified to a lower classification, the employee shall retain his/her rate of pay and
his/her anniversary date or shall be placed in the step of the lower salary range closest
to the employee’s salary rate. If the last step of the salary range of the lower job class is
lower that the employee’s salary rate, the current salary step shall be identified as Step
“Y” of the lower salary range. Section 4.3 describes the requirement for a Salary Plan
amendment to approve Step “Y” for a lower pay reclassification.
Section 4.11. Special Salary Adjustments: A department head may recommend
in writing to raise an employee’s salary step prior to the eligibility times specified in Rule
4.5 (Salary Advancement - Full-time Employees) and Rule 4.7 (Salary on Demotion) so
as to recognize meritorious service, advanced educational achievements or other
extraordinary attributes related to the employee’s public service. Such increased
compensation is subject to the approval of the City Manager and the City Council, and
the availability of budgeted funds. The employee’s anniversary date shall not change.
Section 4.12. Overtime and Compensatory Time: When in the best interest of
the City, the City Manager or a department head or his/her designee may require an
employee to work overtime. Overtime that can be anticipated or scheduled shall require
the prior approval of the department head based on budget limits. No more than ten (10)
hours of overtime may be worked in any one work week without prior written approval of
the City Manager, with the exception of an emergency situation. Overtime-eligible
employees (i.e. non-exempt employees) are not permitted to work overtime without prior
approval from the department head. If the department head denies the employee’s
request to work overtime, the employee must obey the department head’s directive and
immediately cease working. Failure to follow these overtime approval procedures may
subject the employee to disciplinary action, up to and including dismissal.
Overtime is all hours an overtime-eligible employee actually works over forty (40) hours
in his/her designated work week. Accordingly, credit for overtime shall not begin until an
employee has actually worked forty (40) hours for that work week. Only actual hours
worked will be counted toward the 40-hour threshold for purposes of calculating overtime,
and paid annual leave time and other similar paid leave time off from work shall not be
counted as hours worked unless provided under a memorandum of understanding.
All overtime shall be computed in increments of one quarter (1/4) hour, and shall be
compensated for overtime hours worked at one and one-half (1 ½) times the employee’s
regular rate of pay unless otherwise specified in a Memorandum of Understanding.
Compensation for overtime shall be included in the paycheck for the pay period in which
it is earned, except as provided below. If compensatory time off is approved by the City
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Manager and the employee in advance of the overtime being worked, an employee may
receive compensatory time (at time and one-half) in lieu of overtime pay. An employee
will not be permitted to accumulate more than forty (40) hours of compensatory time.
Twice a year, during the last pay period in June and the last pay period in December, the
City shall pay an employee for all accumulated compensatory time and reduce the
compensatory time balance to zero. The City reserves the right to cash out accumulated
compensatory time at any time. Upon termination, employees shall be compensated for
accumulated compensatory time off at the employee’s final regular rate of pay or the
employee’s average regular rate of pay during the last three (3) years of employment with
the City, whichever is higher.
Certain classifications in the Competitive Service may be designated as exempt from the
overtime requirements of the Fair Labor Standards Act and Sections 4.12 (Overtime and
Compensatory Time), 4.12.1 (Callback), and 4.12.2 (Standby Premium Pay), and hence
are not eligible to receive overtime pay. Such exempt classifications shall have the
exemption stated on both the Salary Plan and the class specification in the job description
in the City’s Classification Plan. Standby duty, which does not constitute time worked,
shall be compensated in a manner prescribed in writing by the City Manager.
Section 4.12.1. Callback: When an employee is unexpectedly called back to work,
the minimum callback pay shall be two (2) hours. The two-hour minimum call-back pay
shall only be applied once during any two-hour period, regardless if an employee is called
to respond more than once during this time period. Actual hours worked during a callback
shall be paid at the overtime rate established in Section 4.12 (Overtime and
Compensatory Time). Callback time does not include pre-scheduled overtime (for
example, attendance at an evening meeting), time that immediately precedes or follows
the employee’s scheduled working hours, or time during the employee’s scheduled
working hours.
Section 4.12.2. Standby Premium Pay: Should an employee be placed on standby
duty, such employee shall be compensated for actual time on call consistent with the
compensation approved in a Memorandum of Understanding (MOU), including any
Amendment or Side Letter of Agreement to the MOU for Competitive Service employees.
Actual time worked as a result of a callback to duty shall be paid in accordance with
Section 4.12.1 (Callback), including the time spent traveling to and from work. No
employee shall be paid an hourly rate for callback and standby simultaneously.
Employees who fail to or refuse to respond to phone calls when assigned to standby duty
shall not receive standby pay for that assigned shift. Employees standby hours shall not
constitute hours worked under the Fair Labor Standards Act.
Standby duty requires that employees so assigned:
A. Be readily reachable at all times when on standby duty by a City cell phone if
provided or employee cell phone or home phone.
B. Refrain from activities which might impair the employee’s ability to perform their
assigned duties.
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C. Be ready while on standby duty to respond to call back duty within a thirty (30)-
minute response time to the employee’s primary worksite.
The City will establish a Standby calendar showing the names of the employees scheduled
to work standby duty, and a preliminary standby schedule will be posted no less than one
month in advance. Standby schedule change requests by employees should be submitted
to a supervisor or department head for approval consideration no less than one work day in
advance of the scheduled standby duty (except as described in this paragraph for an
emergency or unplanned situation) to ensure there is time for the supervisor or department
head to find another employee available to accept the standby duty assignment. If an
employee is scheduled for standby and determines after regular work hours that he or she
cannot respond to standby duty telephone calls and call back duty due to an emergency or
unplanned situation, such as illness or lack of child care, the employee shall notify their
supervisor or department head by telephone call and/or text message of the required
scheduling change. All schedule changes must be updated on the Standby calendar no later
than the next regular work day and prior to timesheet submittal to ensure accurate timesheet
reporting.
Standby duty pay may not apply when a City’s Emergency Operations Center has been
activated and an employee is assigned to a work shift other than his/her regular shift.
Section 4.13. Compensation for Layoff: An employee who is terminated from the
Competitive Service of the City as a result of a layoff shall be paid for any accrued
overtime and for accumulated annual leave and compensatory time. Should an employee
be reemployed in the formerly held position, the employee shall be placed at the same
salary step as when the layoff occurred. No credit shall be received toward a step
increase or seniority during the period of layoff. Employees who have attained regular
status at the time of layoff and who are reemployed within a period of one (1) year from
the date of layoff shall be assigned a performance evaluation anniversary date that
provides credit for time previously worked towards the one-year evaluation period prior to
layoff.
Section 4.14. Compensation During Suspension: An employee who is
suspended with pay shall be paid that salary the employee was entitled to prior to the
suspension. An employee who is suspended without pay under the disciplinary
procedures shall not be paid for those specific work days of suspension. Additionally, an
employee suspended without pay shall not accrue annual leave, seniority and other
benefits during a suspension of more than fifteen (15) work days. Employer-paid
insurance contributions during any suspension of five (5) work days or less will be
continued.
Section 4.15. Salary on Voluntary Demotion: At the discretion of the City
Manager, any employee who elects to take a voluntary demotion may be placed at a
lower step, may be placed at a step in a lower range, or may be placed at Step “Y” which
is equal to the employee’s current salary step. The employee’s anniversary date shall
not change. Section 4.3 describes the requirement for a Salary Plan amendment to
approve Step “Y” for a lower pay reclassification, including a voluntary demotion.
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Section 4.16. Compensation for Temporary Assignment to Higher
Classification: An employee may receive adjusted compensation for working in an
assignment in a higher classification consistent with the provisions of Section 3.6 (Out-
of-Class Assignment/Temporary Assignment).
Section 4.17. Reimbursement for Vehicle Use: An employee shall be
reimbursed for certain expenses associated with the use of the employee’s personal
vehicle on City business under the rules set forth by a City Council resolution and City
Manager approved administrative procedures.
Section 4.18. Restitution: An employee may be required under the provisions of
Rule 12 11 (Pre-Discipline, Discipline and Appeals Procedures), in a manner approved
by the City Manager, to provide restitution to the City of Moorpark for willful, wanton or
malicious destruction of City property.
Section 4.19. Error in Determination of Correct Salary Rate or Any Other
Compensation: Should an employee be advanced to a higher step in the salary range
for his/her class than for which he/she was recommended, be placed at a higher salary
range, or receive any other incorrect amount of compensation, including but not limited
to bilingual pay, longevity pay, insurance cash-back payment, deferred compensation
payment, through error, such error shall be corrected immediately following its discovery.
The City will reimburse employee pay for error and omissions over no more than a 6-
month period. Overpayment to employees must be reimbursed to the City immediately;
however, the employee may request and the City Manager at his/her sole discretion may
approve, repayment through payroll deduction over a maximum of thirteen (13) pay
periods upon full execution of a repayment agreement. Reimbursement of funds must be
made whole from the time the error or omission is identified, until all funds have been
reimbursed. The City may initiate appropriate legal action to recover owed amounts not
reimbursed.
Section 4.20. Compensation - Regular Part-Time Employees: Regular part-
time employees shall be paid the hourly equivalent of the monthly salary paid to a full-
time employee in the classification to which they are assigned at the appropriate step.
They shall move through the steps in their range upon completion of one thousand five
hundred sixty (1,560) hours of actual hours worked, which includes City paid leave but
excludes unpaid leave.
Section 4.21. Compensation - Temporary Employees: Temporary employees
shall be paid an hourly rate established by the City Manager as appropriate for the work
to be performed and within the budgeted amounts in temporary employee salaries.
RULE 5. APPLICATIONS AND APPLICANTS
Section 5.1. Announcement: All examinations for classes in the Competitive
Service shall be publicized by such methods as the Personnel Director or Personnel
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Officer deems appropriate. Special recruiting shall be conducted, if necessary, to insure
that all segments of the community are aware of the forthcoming examinations. The
announcements shall specify the title and pay of the class for which the examination is
announced; the nature of the work to be performed; preparation desirable for the
performance of the work of the class; the manner of making application; and other
pertinent information.
Section 5.2. Application Forms: Applications shall be made as prescribed on
the examination announcement and on an electronic application form provided by the
City. The City’s electronic application form shall require information covering education,
training, experience, and other pertinent information, as may be required to determine
eligibility based on the City’s approved job description. Applicants for positions which
require special qualifications may be required to provide documentary evidence of a
satisfactory degree of education, certification, registration, training and/or experience. All
applications must be electronically signed by the person applying.
Section 5.3. Rejection of Application: The Personnel Director or Personnel
Officer may reject any application for reasons including but not limited to the following:
• Application is not properly completed or incomplete;
• Application is received after the application deadline;
• Application indicates that the applicant does not possess the minimum
qualifications required for the position;
• Applicant has made any false statement of any material fact; or practiced any
deception or fraud in an application;
• Applicant is legally prohibited from working in the United States; or
• Applicant is physically incapable of fulfilling the duties as determined by a
physician.
The City shall comply with its duties under the Americans with Disabilities Act (ADA) and
Fair Employment and Housing Act (FEHA) to engage in a good faith interactive process
with applicants with a known disability, and to determine whether a reasonable
accommodation, as defined by the ADA and FEHA, may be provided.
Whenever an application is rejected, notice of such rejection shall be mailed or emailed
to the applicant by the Personnel Director, Personnel Officer, or their designee. Defective
applications may be returned to the applicant with notice to amend the same, providing
the time limit for receiving applications has not expired.
Section 5.4. Criminal Convictions: After the determination is made that an
applicant meets minimum qualifications, a background check of references has been
conducted, and a conditional offer of employment has been made, the Personnel Officer
or his/her designee may then request information about criminal convictions, and require
fingerprinting.. Unless required by law, the City will not deny employment to any applicant
solely because he/she has been convicted of a crime. The City may, however, consider
the nature, date and circumstances of the offense, evidence of rehabilitation, as well as
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whether the offense is relevant to the duties of the position. This section does not apply
to applicants for public safety jobs.
RULE 6. EXAMINATIONS
Section 6.1. Examination Process: The selection techniques used in the
examination process shall be impartial and relate to those subjects which, in the opinion
of the Personnel Officer, fairly measure the relative capacities of the persons examined
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 and may include, but are not necessarily limited to: achievement and
aptitude tests, other written tests, personal interview, performance tests, physical agility
tests, evaluation of daily work performance, work samples, medical and/or psychological
fitness for duty tests, background investigations, successful completion of prescribed
training, or any combination of these or other tests, subject to the limits prescribed by all
applicable federal and State laws.
Examinations shall be designed to provide equal opportunity to all candidates by being
based on an analysis of the essential requirements of the class, covering only factors
related to such requirements. Certain elements of the examination process may be
designated as qualifying tests only. Failure on one part of the examination may be
grounds for declaring the candidate as failing the entire examination or disqualified for
subsequent elements of the examination. Applicants who meet the minimum
qualifications and pass all examinations may be subject to a background and/or reference
check. An applicant with a disability may request an accommodation in an examination
process. Following receipt of a request for an accommodation, the Personnel Officer may
require additional information, such as reasonable documentation of the existence of a
disability.
Section 6.2. Promotional Examinations: Promotional examinations may be
conducted when approved by the Personnel Director or Personnel Officer. Promotional
examinations may include any of the selection techniques mentioned in Section 6.1
(Examination Process) of this Rule, or any combination of them. Only regular or
probationary employees who meet the requirements set forth in the promotional
examination announcement and job description may compete in promotional
examinations.
Section 6.3. Continuous Examination: Open-competitive examinations may be
administered periodically for a single class as the needs of the service may require.
Names shall be placed on employment lists, and shall remain on such lists, as prescribed
in these Rules.
Section 6.4. Conduct of Examination: The City may contract with any
competent agency or individual for the preparing and/or administering of examinations.
In the absence of such a contract, the Personnel Director or Personnel Officer shall see
that such duties are performed. The Personnel Director, Personnel Officer or their
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designee shall arrange for the use of public buildings and equipment for the conduct of
examinations.
Section 6.5. Competition for Vacancy. When a vacancy occurs or is anticipated
in a position requiring unique qualifications, the Department Head may request
suspension of competition and examination. Competition may be suspended and
appointment made if the City Manager or his/her designee finds that the position requires
unique qualifications, competition is impractical and the position can best be filled by the
selection of some designated person of recognized attainments.
Section 6.6. Review of Examination Papers: Upon completion of the
examination, the Personnel Director or Personnel Officer shall establish an eligible list
composed of the applicants passing the examination. The date that the eligible list is
established is the date that it becomes effective. Any candidate who has completed a
written examination shall have the right to inspect their own written test answer sheet
within ten (10) work days after the date of the examination. Not all written examinations
may receive a numeric score. Any error in computation, if applicable and if called to the
attention of the Personnel Director or Personnel Officer within this period, shall be
corrected. Such corrections shall not, however, require invalidation of appointments
previously made. The final rating for applicants will be based on the overall evaluation of
the applicant interview, work experience, and the written examination.
RULE 7. EMPLOYMENT LISTS AND APPOINTMENTS
Section 7.1. Employment List: An employment list shall be established following
a competitive examination listing the names of those applicants who have achieved a
final score meeting or exceeding a passing score established for the position. Such
applicants shall be deemed as qualified for appointment, pending further review by the
appointing authority and other qualifying procedures such as reference checks, medical
examinations or background investigations. After completion of all qualifying procedures,
except the medical examination, a veteran shall be given preference over an identically
qualified applicant. If there are five or less applicants on the employment list, that list may
be declared invalid by the Personnel Director or Personnel Officer and a new recruitment
and examination announced.
Section 7.2. Duration of Lists: Lists other than promotion lists shall remain in
effect until exhausted or abolished by the Personnel Director or Personnel Officer, but not
extending longer than twelve (12) months.
Section 7.3. Reemployment Lists: The names of regular full-time employees
who have been laid off under the provisions of these Rules shall be placed on an
appropriate reemployment list. Such names shall remain thereon for a period of one year,
as provided for in Section 10.8 (Duration of Re-Employment List). When a reemployment
list is to be used to fill vacancies, the City Manager shall certify, from the top of such lists,
the number of names equal to the number of vacancies to be filled and the City Manager
shall appoint such persons to fill the vacancies, provided such persons possess the
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minimum qualifications established for the particular class at which they are to be
appointed. The reemployment list shall have priority over employment lists, reinstatement
list and promotion lists.
Section 7.4. Reinstatement List: The names of former employees, as provided
for in Section 11.512.2 (Reinstatement), shall appear on a reinstatement list for one year
following the employee’s termination in good standing. No examination is required;
however, appointment from this list requires the approval of the City Manager. A
reinstated employee must serve a probationary period.
Section 7.5. Promotion List: A promotion list shall be established, with the
approval of the City Manager, following a competitive examination. The names of those
applicants who have achieved a final score meeting or exceeding a passing score
established for the position shall comprise the promotion list. The names on the promotion
list shall be arranged in order of final score from the highest to the lowest score. Such
applicants shall be deemed as qualified for appointment, pending further review by the
appointing authority and other qualifying procedures, such as reference checks, medical
examinations or background investigations. Promotion lists shall be valid and remain in
effect for a period of six (6) months, unless sooner exhausted. A promotion list may be
extended for up to an additional six (6) months by the City Manager, if extended prior to
its expiration date.
Section 7.6. Transfer: An employee may be transferred at any time from one
position to another position in the same classification. The City Manager may order a
transfer for the purposes of economy, efficiency or for reasons related to the best interests
of the City. A request for transfer to a vacant position may be initiated by an employee
or the employee’s department head. The transfer of an employee from one department
to another shall require the approval of the head of both departments, as well as the City
Manager. A department head may consider requests for transfers concurrently with
appropriate employment, reemployment, promotion or reinstatement lists. No
examination is required of an employee requesting a transfer; however, the employee
must possess the qualifications for the position.
Section 7.7. Removal of Names from Lists: A person appearing on an
employment, reemployment, reinstatement or promotion list shall be removed by the City
Manager if the person: (1) requests in writing that he/she be removed; (2) fails to respond
within five (5) work days to a written notice sent to the person’s last known place of
address; (3) leaves no forwarding address; or (4) is found to be unsuitable for the position
by the appointing authority, consistent with applicable sections of these Rules.
Section 7.8. Certification of Persons Eligible for Appointment: When an
appointment is to be made from an employment list, reemployment list, promotion list or
reinstatement list, the City Manager shall certify qualified persons from the appropriate
list. The City Manager may certify persons from a list for a higher classification in order to
fill a vacancy in a lower classification when job duties are of a similar nature. If it is not
possible to fill a vacancy by reemployment, or if the City Manager does not consider it in
the City’s best interest to fill the vacancy by reemployment, reinstatement, promotion,
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transfer, or demotion, certification shall be made from an appropriate employment list,
provided eligible persons are available.
When an appointing authority requests a vacancy be filled by appointment from a
promotional employment list or from an open employment list, the Personnel Director or
Personnel officer should certify from the specified list the names of all individuals willing
to accept appointment. Whenever there are fewer than three names of individuals willing
to accept appointment on a promotional employment list or on an open employment list,
the appointing authority may make an appointment from among such eligibles or may
request the Personnel Director or Personnel Officer to establish a new list. When so
requested, the Personnel Director or Personnel Officer shall hold a new examination and
establish a new employment list.
Section 7.9. Medical Examination: After making a conditional offer of
employment, and completing a background check that includes fingerprinting, the
Personnel Director or Personnel Officer may require that an applicant submit to a medical
examination at the City’s expense and/or inquire into an applicant’s medical or
psychological background in order to determine whether the individual is able to perform
the essential functions of the job, and is not an endangerment to his/her own health or
the health and safety or others. The medical examination must be given to all of the
qualifying applicants entering the same job classification. The medical examination shall
be job-related and necessary for efficient operations of the City. The information received
from an examining doctor should be limited to the individual’s functional capabilities and
whether he/she poses a direct threat to the health or safety of himself/herself or others.
Any information received shall be confidential, except that supervisors and managers may
be informed of restrictions on work duties and necessary accommodations; and first aid
and safety personnel may be informed, where appropriate. An applicant may submit
independent medical opinions for the City’s consideration before a final determination on
any disqualification is made.
Section 7.10. Appointment: After the selection process, the department head or
immediate supervisor shall make recommendations for appointment from among those
individuals certified as eligible for appointment. The City Manager shall be immediately
notified of any recommendations. The City Manager shall thereupon review the
recommendations and make an appointment. If an applicant accepts appointment and
presents himself/herself for duty within such period of time as the City Manager shall
prescribe, he/she shall be deemed to be appointed; otherwise, he/she shall be deemed
to have declined the appointment.
Section 7.11. Types of Appointment: All vacancies in the Competitive Service
shall be filled by transfer, demotion, re-employment, reinstatement, or from eligible
applicants certified by the Personnel Director or Personnel Officer from an appropriate
employment list, if available. In the absence of persons eligible for appointment in these
ways, provisional, interim and temporary appointments may be made in accordance with
these Personnel Rules.
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Section 7.12. Notice to Personnel Director and Personnel Officer: If a vacancy
in the Competitive Service is to be filled, the appointing authority shall notify the Personnel
Director or Personnel Officer in the manner prescribed. If there is no re-employment list
available for the class, the City Manager shall have the right to decide whether to fill the
vacancy by reinstatement, transfer, demotion, appointment from a promotional
employment list, or appointment from an open employment list.
Section 7.13. Provisional Appointment: In the absence of names of individuals
willing to accept appointment from appropriate employment lists, a provisional
appointment of a “provisional employee” (as defined in Rule 1 of these Rules) may be
made by the City Manager of a person meeting the minimum training and experience
qualifications for the position. Such an appointment may be made during the period of
suspension of an employee or pending final action on proceedings to review suspension,
demotion, or discharge of an employee; and such vacancy may be filled by the City
Manager, subject to the provisions of the Personnel Rules. No provisional appointment
shall exceed six (6) months.
A provisional appointee shall accrue the benefits as determined by the City Manager
based on the term of the provisional appointment. If a provisional appointee is selected
for a full-time position with the City, the time served as a provisional appointee shall not
be counted as time toward the fulfillment of the required probationary period.
No special credit shall be allowed in meeting any qualifications or in the giving of any test
or the establishment of any open-competitive promotional lists, for service rendered under
a provisional appointment.
Section 7.14. Interim and Temporary Appointment: When a position in the
Competitive Service becomes vacant, the City Manager may appoint an existing
employee or a new employee as the interim or temporary replacement in the affected
position. Such employee appointed to an interim or temporary position may be removed
from the position at any time without cause or notice, and has no right to any pre-
disciplinary or post-disciplinary procedural due process, appeal or grievance; and shall
not attain regular or probationary status. Existing employees shall be returned to their
former position if removed from the interim or temporary appointment.
Section 7.15. Emergency Appointments: To meet the immediate requirements
of an emergency condition, such as extraordinary fire, flood or earthquake, which
threatens public life or property, the City Manager or a department head may employ such
persons as temporary employees as may be needed for the duration of the emergency
without regard to the Personnel Rules affecting appointments. All such appointments
shall be approved by the City’s Emergency Operations Center (EOC) Commander and
reported to the City Manager or his/her designee as soon as possible.
RULE 8. PROBATIONARY PERIOD
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Section 8.1. Regular Appointment Following Probationary Period: All original
appointments shall be tentative and subject to a probationary period of one (1) year of
actual service. If the service of the probationary employee has been satisfactory to the
appointing authority, as documented with a completed performance evaluation, then the
appointing authority shall file with the City Manager a statement in writing to such effect
and stating that the retention of such employee in the service is desired. In the event a
probationary employee’s performance has not been satisfactory, the appointing authority
shall notify the City Manager in writing prior to the scheduled end of the probationary
period. If the service of the probationary employee has been satisfactory, the City
Manager shall consider the recommendation and then notify the affected employee in
writing of the appointment to regular status at the end of the employee’s probationary
period, and the employee shall be advanced to regular status as of the first calendar day
of the pay period in which the anniversary date occurs. Upon the satisfactory completion
of the probationary period, the employee shall be assigned an Anniversary Date. A leave
of absence without pay shall not be credited toward completion of the worker’s
probationary period.
If a statement of satisfactory performance is not filed, the employee will be deemed to be
unsatisfactory and his/her employment terminated prior to the expiration of the
probationary period. Notice of the termination shall be signed by the City Manager and
served on the terminated employee by the Personnel Director or Personnel Officer or
other City Manager designee.
Regular employees who are transferred, but retain the same classification, are not subject
to a new probationary period as a result of such action.
Section 8.2. Probation on Promotion, Reinstatement or Reclassification: On
accepting a promotion, reinstatement or an appointment to a different classification
(reclassification), a regular employee serves a new probationary period of six (6) months.
The employee affected by a promotion, reinstatement or reclassification shall not achieve
regular status in the new position until the successful completion of this probationary
period. A leave of absence without pay shall not be credited toward completion of the
worker’s probationary period.
Section 8.3. Rejection Following Promotion: During a promotional
probationary period, the probationer may be rejected from the promotional appointment
at any time by the appointing authority without cause or notice, and has no right to any
pre-disciplinary or post-disciplinary procedural due process, appeal or grievance. Any
employee rejected during or at the conclusion of the promotional probationary period by
the reason of failure of the appointing authority to file a statement that the employee’s
services have been satisfactory, shall be reinstated to the position from which he/she was
promoted, unless there is no vacancy to allow reinstatement to the position from which
he/she was promoted. If there is no vacancy in such position, the employee may request
to be placed on a re-employment list.
If the promotional appointment was to a position outside of the Competitive Service and
the employee is rejected during the first six (6) months of the appointment, the employee
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shall be dismissed from employment with the City without cause or notice, and has no
right to any pre-disciplinary or post-disciplinary procedural due process, appeal or
grievance; unless, at the City’s option, the employee is reinstated to the position in the
Competitive Service from which he/she was promoted. If there is no vacancy in such
position or similar position, the employee may request to be placed on a re-employment
list.
Section 8.4. Extension of Probationary Period: The City Manager may extend
the probationary period of an individual employee upon the request of the employee’s
department head. No probationary period may be extended for more than six (6)
additional months. An employee must be notified in writing by the City Manager prior to
the extension of the probationary period.
Section 8.5. Objective of Probationary Period: The probationary period shall
be regarded as a part of the selection process and shall be utilized for closely observing
the employee’s work and for securing the most effective adjustment of a new employee
to the position.
Section 8.6. Rejection of Probationer: During the probationary period for an
original appointment, the probationer serves in an at-will employment status, and may be
rejected at any time by the appointing authority without cause or notice, and has no right
to any pre-disciplinary or post-disciplinary procedural due process, appeal or grievance.
Notification of rejection by the appointing authority shall be served on the probationer by
the Personnel Director or Personnel Officer or other City Manager designee.
Section 8.7. Probation Following Layoff: Employees laid off while on probation
must serve a new probationary period following re-employment, pursuant to Section 8.1
(Regular Appointment Following Probationary Period).
Section 8.8. Regular Part-Time Employee Probationary Period: A regular
part-time employee shall serve an initial probationary period of no less than one thousand
five hundred sixty (1,560) hours actually worked (includes City paid leave and excludes
unpaid leave).
RULE 9. EMPLOYEE PERFORMANCE EVALUATION
Section 9.1. Objective of Employee Performance Evaluation: Regular reports
shall be made as to the efficiency, competency, conduct and merit of employees in the
Competitive Service. To this end, it is the responsibility of the City Manager, department
heads and their subordinate supervisors that these reports be made.
Section 9.2. Employee Performance Evaluation Report: A report on the
performance of a probationary employee shall be completed on or around the mid-point
of the probationary period, and prior to the successful completion of the probationary
period. The Personnel Officer may require a report on the performance of a probationary
employee prior to separation during the probationary period. A performance evaluation
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report for regular employees shall be completed prior to the employee’s anniversary date
each year as set forth in performance evaluation procedures approved by the City
Manager. A copy of all draft performance evaluation reports shall be submitted for review
to the City Manager or his/her designee, as set forth in performance evaluation
procedures approved by the City Manager. In addition, a report may be prepared at any
time at the discretion of the employee’s supervisor. The reports shall be on forms
approved by the City Manager.
Section 9.3. Review with Employees: Each performance evaluation report shall
be thoroughly discussed with the employee to point out areas of successful performance
and areas that need improvement. The employee shall sign the performance report to
acknowledge awareness of its contents and verify that the report has been discussed with
the evaluator. The employee’s signature does not necessarily mean the employee fully
agrees with the contents of the report. An employee does not have the right to appeal or
submit a grievance regarding any matter relating to the content of a performance
evaluation. However, the employee may comment regarding his/her performance, either
in a written statement attached to the report or orally. Written responses to the
performance evaluation report must be completed and received by the Personnel Officer
or his/her designee as set forth in performance evaluation procedures approved by the
City Manager, and a copy shall also be provided by the employee to their department
head within ten (10) calendar days of receiving the written evaluation.
Section 9.4 Merit Raise in the Absence of a Completed Performance
Evaluation Report: Following the successful completion of the probationary period, if a
performance evaluation is not completed by a competitive service employee anniversary
date (including any approved adjustment of the anniversary date in accordance with the
Personnel Rules and City Manager approved procedures), the Personnel Director or
Personnel Officer may prepare and submit for City Manager approval a personnel action
form to approve a merit raise based on the eligibility established for the last performance
evaluation completed for that regular employee. The responsible supervisor or
department head will be required to complete the performance evaluation within thirty
(30) days following the merit raise approval by the City Manager.
RULE 10. EMPLOYEE LAYOFF POLICY AND PROCEDURES
Section 10.1. Statement of Intent: For reasons of economy, of efficiency, or in
the interest or mandate of the public, reductions or curtailments of City services may be
required. Whenever, in the judgment of the City Council, it becomes necessary, the City
Council may abolish any position of employment and the employee holding such position
or employment may be laid off or demoted for non-disciplinary reasons and shall not
receive the rights under the pre-discipline, discipline and appeals procedures outlined
below in Section 12 11 (Pre-Discipline, Discipline and Appeals Procedures).
Section 10.2. Notification: Employees to be laid off shall be given, whenever
possible, at least thirty (30) calendar days prior notice.
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Section 10.3. Vacancy and Demotion: Except as otherwise provided, whenever
there is a reduction in the work force, the appointing authority shall first demote to a
vacancy, if any, in a lower class for which the employee who is the latest to be laid off in
accordance with Section 10.6 (Employment StatusOrder of Layoffs) is qualified. All
persons so demoted shall have their names placed on the reemployment list.
Section 10.4. Voluntary Retreat Rights: An employee designated to be laid off
may elect to retreat to the top of the seniority list for the next lower classification within
the same department, provided the employee has previously held regular status in such
lesser departmental classification. Employees who retreat into a lower classification
retain re-employment rights to the original position within the same department as
provided in Section 10.7 (Re-employment List). Retreat rights shall prevail only within a
department and within an identifiable career ladder, as identified by the City Manager.
Section 10.5. Displacement: In order to retreat to a former or lower class, an
employee must have more seniority than at least one of the incumbents in the retreat
class and request displacement action in writing to the City Manager within five (5) work
days of receipt of notice of layoff.
Employees retreating to a lower or similar class shall be placed at the salary step
representing the least loss of pay. In no case shall the salary be increased above that
received in the class from which the employee was laid off.
Employees retreating to a lower or similar class shall serve a probationary period in the
new class unless they have previously successfully completed a probationary period in
the class or a class in the class series.
Section 10.6. Order of Layoffs: In each class, employees shall be laid off
according to employment status in the following order: temporary, provisional,
probationary and regular. Temporary, provisional and probationary employees shall be
laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more regular employees in the class from which the layoff
is to be made, such employees shall be laid off in the inverse order of their seniority in
their classification in the department. Seniority is determined based on the length of
employment in the affected classification in the department. Length of employment
includes all days of employment in attendance at work and on authorized or legally-
protected leaves of absence. Length of service does not include unauthorized periods of
leave or suspension or layoff.
In the event of a layoff or demotion pursuant to Rule 10, the City shall consider a regular
employee on an approved unpaid leave of absence pursuant to Section 13.43 (Unpaid
Leaves of Absence) of these Rules in the same manner as other regular employees when
implementing the applicable provisions of Rule 10.
Section 10.7. Re-employment List: The names of persons laid off or demoted in
accordance with these rules shall be entered upon a re-employment list. Lists from
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different departments or at different times for the same class of position shall be combined
into a single list. Such list shall be used by every appointing authority when a vacancy
arises in the same or lower class of position before certification is made from any other
list.
Section 10.8. Duration of Re-employment List: Names of persons laid off shall
be carried on a re-employment list for one year, except that persons appointed to regular
positions of the same level as the position from which they were laid off shall, upon such
appointment, have their name removed from the re-employment list. Persons who refuse
re-employment shall have their name removed from the list. Persons re-employed in the
lower class, or on a temporary basis, shall be continued on the list for the higher position
for the aforementioned one-year period. Persons laid off who fail to return to work from
lay-off within seven (7) calendar days after notice to return by certified or registered mail
addressed to the employee and sent to the employee's last known address on file with
the City’s Human Resources Division shall have their name removed from the list.
RULE 11. PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
Section 11.1. Standards of Conduct: All employees are expected to adhere to
standards of reasonable and prudent conduct. Each department may set standards
required by departmental operations. Employees who violate standards should expect
management and supervisors to take appropriate disciplinary actions.
Section 11.2. Applicability of Discipline: Disciplinary action may be taken
against any person employed by the City. The discipline procedures set forth in this
Section only apply to the City’s employees designated as for-cause employees and do
not apply to employees designated as at-will employees. Non-regular employees,
including part-time employees, probationary employees, temporary/seasonal employees
and all other at-will employees may be disciplined or separated at will, with or without
cause or notice, and shall have no right to any pre-disciplinary or post-disciplinary
procedural due process or appeal procedures set forth within this Rule or any other rule
whatsoever.
Section 11.3. Discretion in Disciplinary Action: The City Manager, department
management, and supervisors may exercise their discretion in applying discipline
appropriate to the employee’s offense(s) and work record.
Section 11.4. Permitted Disciplinary Action: Any one or combination of the
following corrective and disciplinary actions may be taken against an employee for
offenses stated in Section 1211.9 (Causes for Disciplinary Actions) or for any other just
cause: Verbal Admonishment, Written Reprimand, Demotion, Reduction in Salary,
Restitution, Suspension, Dismissal.
Section 11.5. Verbal Admonishment: When necessary, verbal admonishments
shall be given in a private meeting between the supervisor and the employee. The
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supervisor shall include in the verbal admonishment a review of appropriate department
standards and policies, employee performance expected in the future and consequences
for failure to correct performance or behavior, and shall prepare a written report of verbal
admonishment that includes a record of the date, time, and description of such
admonishment. The written record of verbal admonishment shall be given to the
employee, a copy shall be filed in the employee’s personnel file, and the written reprimand
shall be documented in the employee’s next performance evaluation. Within ten (10)
calendar days after an employee receives a written report of a verbal admonishment, the
employee may respond in writing to the admonishment and have such response placed
in the employee’s personnel file. A written report of verbal admonishment is not subject
to the pre-discipline, discipline and appeals procedures set forth within this Rule, or any
other rule whatsoever, or any grievance procedures set forth in these rules.
Section 11.6. Written Reprimand: A written reprimand shall be prepared by a
supervisor for the continued or more serious offense. The reprimand shall take the form
of a memorandum including a full, accurate and factual statement of the reason for the
reprimand. All written reprimands shall be reviewed by the department head and the
Personnel Director or Personnel Officer or his/her designee prior to being given to the
employee. The written reprimand shall be discussed with and provided to the employee
in a private meeting between the supervisor and the employee. The supervisor shall
explain appropriate department standards and policies, employee performance expected
in the future, and consequences for failure to correct performance or behavior. A copy of
the written reprimand shall be sent to the City Manager and a copy shall be placed in the
employee’s personnel file, and the written reprimand shall be documented in the
employee’s next performance evaluation. A dated copy of the written reprimand shall be
provided to the employee. Within ten (10) calendar days after the employee receives
such dated copy, the employee may respond in writing to the reprimand and have such
response placed in the employee’s personnel file. A written reprimand is not subject to
the pre-discipline, discipline and appeals procedures set forth within this Rule, or any
other rule whatsoever; or any grievance procedures set forth in these rules.
Section 11.7. Suspension without Pay of Three Work Days or Less: Department
heads as the appointing authority may impose a disciplinary action of a suspension for a
maximum of three (3) work days at any one time, and not more than once in a thirty (30)
calendar day period for the same offense. Prior to the imposition of such discipline, the
department head or his/her designee shall submit the draft suspension without pay
discipline documentation to the Personnel Director or Personnel Officer for review and
approval. Following approval, the department head shall meet with the employee to
explain appropriate department standards and policies, employee performance expected
in the future, and consequences for failure to correct performance or behavior. If the
employee requests the attendance of a representative of their choice at the meeting, then
the Personnel Director or Personnel Officer shall also attend. A written record of the
discipline, including a full, accurate, and factual statement of the reason therefore, shall
be reviewed by the Personnel Director or Personnel Officer prior to being given to the
employee. A copy of the written record of suspension shall be sent to the City Manager
and a copy shall be placed in the employee’s personnel file, and the suspension shall be
documented in the employee’s next performance evaluation. Within ten (10) calendar
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days after the date of the meeting with the department head, the employee may respond
in writing and have such response placed in the employee’s personnel file. A suspension
without pay of three work days or less is not subject to the pre-discipline, discipline and
appeals procedures set forth within this Rule, or any other rule whatsoever; or any
grievance procedures set forth in these rules.
Section 11.8. Pre-Disciplinary Procedures: The following pre-disciplinary
procedures shall only apply to for-cause employees being considered for suspension
without pay in excess of three work days, restitution, reduction in salary, demotion, or
dismissal. All employees other than for-cause employees may be disciplined or
separated at will, with or without cause or notice, and shall have no right to the pre-
discipline, discipline and appeals procedures set forth within this section or any other rule
whatsoever.
Section 11.8.1. Written Notice of Proposed Disciplinary Action: Written notice of
a proposed disciplinary action shall be prepared by the supervisor or department head
proposing the disciplinary action, reviewed by the Personnel Director or Personnel
Officer, and then provided to the employee. If the employee is on paid or unpaid leave at
the time the written notice of proposed disciplinary action is issued, the written notice shall
be mailed, and shall be considered served three (3) business days after deposit in the
United States mail, postage prepaid, certified or registered, and addressed to the last
known address of the employee that is maintained in the employee’s personnel file. This
written notice shall include the proposed disciplinary action, the charges on which the
proposed action is based, a summary of the facts to support the charges, the reasons or
grounds on which the charges are based, and copies of the materials on which the
proposed disciplinary action is based.
The notice shall also inform the employee of his/her or her right to respond orally or in
writing to the notice of proposed disciplinary action, of the right to have a representative
of his/her choice present during any oral response, of the time period during which a
response may be made, and the name of the person to whom the response may be made.
The notice shall also state that failure to respond in the time specified shall constitute a
waiver of the right to respond prior to final discipline being imposed. The notice shall be
signed by the supervisor or department head initiating the proposed disciplinary action,
with a copy to the City Manager.
Section 11.8.2. Employee Response: An employee is entitled to a reasonable time
not to exceed ten (10) calendar days to respond to a notice of proposed disciplinary
action. An extension of time to respond may be granted at the discretion of the
department head, should he/she determine in consultation with the Personnel Director or
Personnel Officer that there is a demonstrated need for an extension. Should an
employee respond, the department head shall consider the response in reaching a
decision on disciplinary action. The employee is entitled to respond in writing or orally,
through a designated representative or any combination thereof. If the employee
requests an informal meeting to present a response, the meeting shall not be conducted
as an evidentiary or adversarial hearing. Accordingly, the employee may not cross-
examine the department’s witnesses nor present a formal case to support the response.
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Rather, the employee shall be given the opportunity to make any representations, which
the employee believes might affect or mitigate the decision for disciplinary action. Any
time extensions shall be mutually agreed upon. The department head may, at his/her
discretion, conduct or direct further investigations following the meeting.
Section 11.8.3. Notice of Disciplinary Action: After considering the employee’s
response, the department head shall: (1) take no disciplinary action; (2) modify the
proposed disciplinary action; or (3) impose the proposed disciplinary action. If discipline
is imposed, the department head will provide the employee with a notice of disciplinary
action. The notice of disciplinary action shall include the level of discipline to be imposed.
The department head shall deliver the notice of disciplinary action to the employee in
person or by mail at or before the effective date of the action. If delivery is by mail, the
written notice shall be considered served three (3) business days after deposit in the
United States mail, postage prepaid, certified or registered, and shall be addressed to the
last known address of the employee that is maintained in the employee’s personnel file.
The notice shall be dated and signed by the department head. The notice shall inform
the employee of the following: the level of discipline imposed and effective date; the
charges on which the discipline is based, a summary of the facts to support the charges,
the reasons or grounds on which the charges are based, and copies of the materials on
which the disciplinary action is based. The notice shall also include a statement of the
employee’s right to appeal, as provided herein, if and only if such disciplinary action
results in suspension without pay in excess of three (3) work days, restitution, reduction
in salary, demotion or dismissal. In addition, if an appeal is applicable, the notice shall
state the time limit for the employee to timely file an appeal.
A decision not to impose discipline shall be accompanied by a directive from the
department head to delete all references to the pending action from the employee’s
personnel file. Failure by the department to make further investigations shall not affect
the ability of the City to impose disciplinary action.
Section 11.8.4. Appeal of Disciplinary Actions: For-cause employees may appeal
a proposed suspension without pay in excess of three (3) work days, demotion,
restitution, reduction in salary, or dismissal to the City Manager. The request for appeal
shall be in writing and must be received by the City Manager within ten (10) calendar days
after the receipt by the employee of the notice of disciplinary action, or three (3) business
days after deposit of the notice in the United States mail, postage prepaid, certified or
registered, whichever is sooner. Failure to timely file the written request for an appeal
waives the employee’s right to an appeal hearing and any appeal of the disciplinary
action. All employees other than for-cause employees may be disciplined or separated at
will, with or without cause or notice, and shall have no right to the pre-discipline, discipline
and appeals procedures set forth within this section or any other rule whatsoever.
Section 11.8.5. Method of Appeal: Appeals shall be in writing, signed by the
appealing employee (Appellant) and delivered to the City Manager. A letter of appeal
must outline the basis of the appeal and the action desired by the Appellant.
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Section 11.8.6. Appeal Hearing: Upon the receipt of a timely letter of appeal, the
City Manager shall set the matter for hearing. The appeal hearing officer shall be the City
Manager or an individual designated by the City Manager to serve as the hearing officer.
The decision to designate an individual to serve as the hearing officer and the selection
of the individual to serve as the hearing officer shall be made by the City Manager at
his/her sole discretion.
The hearing officer shall set a date for the appeal hearing, and shall notify the Appellant
in writing of the date of the hearing at least twenty-one (21) calendar days prior to the
hearing. The written notice shall be mailed, and shall be considered served three (3)
business days after deposit in the United States mail, postage prepaid, certified or
registered, at the last known address of the employee that is maintained in the employee’s
personnel file. The Appellant shall appear personally and may be represented by an
attorney or by another representative of the Appellant’s choosing. Failure of the Appellant
to appear at the hearing shall waive the Appellant’s right to an appeal hearing and appeal
on the disciplinary matter.
At the appointed time and place, the hearing officer shall commence the appeal hearing.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing, unless the hearing officer in his/her discretion, for good cause,
otherwise directs. The hearing shall be recorded either electronically or by a court
reporter, at the option of the City or the Appellant. If the City orders a transcript or makes
a transcript of the recording, the City will notify the Appellant within three (3) days of
ordering or making the transcript, and will provide a copy of the transcript upon receipt of
the costs of duplication.
The hearing officer, prior to or during a hearing, may grant a continuance for any reason
he/she believes to be important to his/her reaching a fair and proper decision.
The hearing officer shall give all parties a reasonable opportunity to be heard on relevant
issues. The City’s representative shall first present an opening statement and oral and/or
documentary evidence in support of the City’s position. The Appellant may cross-
examine any witness called by the City. The Appellant may make an opening statement
on his/her behalf, and present oral and/or documentary evidence in support of his/her
appeal. The City’s representative may cross-examine any witness called by the
Appellant. The affected Appellant may then make a closing statement, followed by
closing statement by the City. Closing briefs may be utilized by the parties instead of or
to supplement oral closing statements. The hearing officer shall determine whether to
allow closing briefs and the requirements for the briefs.
The hearing need not be conducted according to technical rules relating to evidence and
witnesses. However, the hearing officer may observe the substance of such rules to the
end that the matter before him/her can be fairly determined on reliable evidence. The
rules dealing with privileges shall be effective to the same extent that they are recognized
in civil actions.
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Section 11.8.7. Hearing Officer’s Findings and Decision: The hearing officer
shall, within thirty (30) calendar days after the conclusion of the hearing, issue a decision
or recommended decision in writing that sets forth his/her findings. The hearing officer
shall determine whether the disciplinary action is supported by a preponderance of the
evidence presented and is consistent with the provisions of the City’s Personnel Rules,
resolutions and ordinances.
If the City Manager designates an individual to serve as the hearing officer, the designated
hearing officer shall issue a written recommended decision to the City Manager. The City
Manager shall review the findings and recommendations of the hearing officer and may
then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken.
The City Manager shall issue a final written findings and decision. If the City Manager
serves as the hearing officer, he/she shall issue a written findings and decision to affirm,
revoke, or modify the findings, recommendations, or disciplinary action taken. The
decision of the City Manager is final and conclusive.
Section 11.8.8. Notice of Findings and Decision: The City Manager’s final written
findings and decision shall be provided to the Personnel Director or Personnel Officer and
filed in the Appellant’s personnel file. The City Manager shall deliver a copy of the final
findings and decision to each of the parties and their designated representatives. The
written notice shall be mailed, and shall be considered served three (3) business days
after deposit in the United States mail, postage prepaid, certified or registered, and
addressed to the last known address of the employee that is maintained in the employee’s
personnel file.
Section 11.8.9. Hearing Before Appointed Hearing Officer: If the person who
issues the written Notice of Proposed Discipline under this Section is the City Manager,
the appeal of the discipline shall be heard by a hearing officer appointed by the City at its
sole discretion, who shall issue a written recommended decision to the City Manager.
The same requirements for the written findings and decision as specified in Section
1211.8.7 (Hearing Officer’s Findings and Decision) shall apply.
Section 11.9. Causes for Disciplinary Action: All employees are expected to
conduct themselves in an appropriate manner, and within the workplace standards
determined by the City and its respective departments. Employees who violate such
standards may be subject to appropriate disciplinary action. The following list of selected
causes for disciplinary action is not a total and complete statement of causes of discipline.
Rather, this list represents those offenses which are most common. Employees may be
disciplined for any of the following causes for disciplinary action:
A. Tardiness.
B. Failure to observe precautions for personal safety, posted rules, signs, safety
instructions, or to use protective clothing or equipment.
C. Careless workmanship resulting in waste of materials.
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D. Unsatisfactory work performance; incompetence; inefficiency; or negligence.
E. Abuse of annual leave; unauthorized use of annual leave; excessive use of
unscheduled annual leave.
F. Failure, refusal or delay in carrying out orders, work assignments, or instructions
of superiors in a prompt, competent and reasonable manner; insubordination;
inattention to or dereliction of duty, including wasting time or working below
expected level of output, and inefficiency.
G. Acceptance of gifts or gratuities from parties doing business with the City; conduct
in violation of the City’s policies on conflicts of interest and ethical activities.
H. Unauthorized sleeping while on duty.
I. Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on
another; engaging in dangerous horseplay.
J. Being on duty under the influence of any intoxicant or controlled substance or
reporting for duty while intoxicated or under the influence of a controlled substance.
K. Loss or destruction of City property or the property of others through carelessness,
negligence or misconduct.
L. Engaging in political activities while on duty or on the premises of City Hall.
M. Unexcused absence from duty.
N. Reckless driving or reckless operation of a City vehicle or equipment.
O. Gambling or promotion of gambling on City premises or while on duty.
P. Endangering the safety of or causing injury to any employee, including
himself/herself.
Q. Unauthorized disclosure of confidential information or any violation of the City’s or
a department’s confidentiality policies or directives.
R. Abusive or disrespectful conduct; use of offensive, insulting, abusive, or vulgar
language to, or about other employees or the public.
S. Discourteous treatment and/or failure to maintain satisfactory or harmonious
working relations with the public or City employees.
T. Unauthorized use of City property, vehicles, equipment, supplies communications
systems or electronic resources.
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U. Theft or careless, negligent or improper uses of City property, equipment or funds
including unauthorized use for private purposes or use involving damage or
unreasonable risk of damage to property.
V. Covering up or attempting to conceal defective work; removing or destroying same
without permission.
W. Dishonesty; falsification, misstatement or concealment of material fact in
connection with employment, promotion, any record, investigation, or other proper
proceeding.
X. Making false or unfounded statements, including statements which are defamatory
about other employees or City officials; making any omission of a material fact.
Y. Willful damage to City property or to the property of others.
Z. Conduct unbecoming a City officer or employee which tends to discredit the City
or the City service.
AA. Any on-duty violation of federal, state or local laws or any off-duty violation of law
which might bring discredit to the City.
BB. Conduct in violation of the City’s policy prohibiting harassment, discrimination, and
retaliation as described in Section 2.19 (Harassment, Discrimination, and
Retaliation).
CC. Participation in an unlawful strike, work stoppage, slowdown, or other unlawful job
action against the City.
DD. Misappropriation or mishandling of City funds.
EE. Conduct tending to interfere with the reasonable management and discipline of the
City or any of its departments or activities.
FF. Engaging in incompatible employment elsewhere and/or outside employment that
has not been specifically authorized.
GG. Willful or negligent violation of Personnel Rules and regulations and/or written City
Manager or departmental procedures, regulations and policies.
HH. Conviction of a crime that has a nexus to the employee’s job duties.
II. Working overtime without authorization; refusing to work assigned overtime.
JJ. Carrying or bringing firearms or other dangerous weapons into the workplace or
while on duty when not required by job duties.
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RULE 12. TRANSFER AND REINSTATEMENT
Section 12.1. Transfer: Upon approval of the City Manager, an employee may be
transferred from one position to another position in a comparable class. No person shall
be transferred to a position for which that person does not possess the minimum
qualification. For transfer purposes, a comparable class is one with the same maximum
salary, involves the performance of similar duties and requires substantially the same
basic qualifications. Transfer shall not be used to effectuate a promotion, demotion,
advancement, or reduction, each of which may be accomplished only as provided in the
Personnel Ordinance and these Rules.
Section 12.2. Reinstatement: With the approval of the City Manager, a regular
employee who resigned in good standing or separated involuntarily for any reason other
than for cause may apply during an open recruitment, and may be considered for
reinstatmentreinstatement within one (1) year of the effective date of resignation to a
vacant position in the same or comparable class. Upon reinstatement, the employee shall
be subject to a probationary period of six (6) months. Credit for former employment shall
be considered in computing salary and the annual leave accrual rate. Following
reinstatement, the employee shall be assigned a new annual Anniversary Date for merit
raise purposes, which may be revised for leave without pay. CalPERS retirement service
credit shall be determined consistent with the California Public Employees Retirement law
and the City’s contract with CalPERS.
RULE 13. ATTENDANCE, LEAVES AND ACCOMMODATION
Section 13.1. Attendance at Work: Employees shall be in attendance at their
assigned work area in accordance with the rules regarding hours of work, holidays, and
leaves. All employees shall be required to keep daily attendance records as may be
required by the City Manager or his/her designee for completion of an electronic
timesheet.
Section 13.2. Job Abandonment: An employee is deemed to have resigned from
his/her position if he/she is absent for five (5) consecutive scheduled work days/shifts
without prior authorization and without notification during the period of the absence. The
employee will be given written notice by letter deposited with the United States Postal
Service addressed to the employee’s address of record. The notice shall state the
circumstances of the job abandonment, and an opportunity to provide an explanation for
the employee’s unauthorized absence. An employee who promptly responds to the
written notice, within the timeframe set forth in the written notice, can arrange for an
appointment with the City Manager or his/her designee before final action is taken, to
explain the unauthorized absence and failure of notification. An employee separated for
job abandonment may be reinstated upon proof of justification for such absence, such as
severe accident, severe illness, false arrest, or mental or physical impairment which
prevented notification. No employee separated for job abandonment has the right to a
post-separation appeal.
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Section 13.3. Hours of Work and Time Sheet: Regular daily hours of work (or
shifts) for employees within departments shall be approved by the City Manager and
assigned by department heads as required to meet the operational requirements of said
department. Any foreseeable absence or deviation from regularly scheduled working
hours by an employee shall be approved by the employee’s department head, and such
absences shall be noted on the employee’s time sheet. Time worked and use of
accumulated leave shall be recorded on the time sheet in time increments of no less than
a quarter-hour (15 minutes), and if rounding is required at the end of a work day for an
increment of time worked or leave used of less than a quarter-hour increment, seven (7)
or fewer minutes shall be rounded down and eight (8) or more minutes shall be rounded
up. City offices shall be kept open for regular business on all days of the year except
Saturday, Sunday, and holidays approved by the City Council.
Section 13.4. Unpaid Leave of Absence:
A. Eligibility for Unpaid Leave
The City Manager, after consultation with the affected department head, may grant a
regular full-time or part-time employee an unpaid leave of absence. The City Manager
may adopt an administrative procedure to delegate to a department head the approval of
a specified amount of leave without pay, in a pay period and/or in a twelve (12) month
period, for an employee with no accumulated leave. If an employee is eligible for
Pregnancy Disability Leave (pursuant to Section 13.10) or Family and Medical Care
Leave (pursuant to Section 13.11), an unpaid leave of absence shall not be considered
for approval until the completion of such leaves and use of all available paid time off for
which he/she is eligible.
No leave of absence shall be granted except upon written request of the employee setting
forth the reason for the request. In cases of leave of absence on account of a disability,
the City may require that the employee provide reasonable medical documentation
confirming the existence of the disability and the need for reasonable accommodation,
along with the name of the individual’s health care provider. If the individual provides
insufficient documentation, the City will: 1) explain the insufficiency; 2) allow the
employee or applicant to supplement the documentation; and 3) pursue the interactive
process only to the extent that the request for reasonable accommodation is supported
by the medical documentation provided.
The leave of absence may be approved by the City Manager at his or her discretion.
Personal leaves of absence are not guaranteed. Requests for such leaves of absence
will be considered on the basis of a combination of factors, including, but not limited to,
the employee’s length of service, performance, position, responsibility level, the reason
for the request, whether other individuals are already out on leave, and the expected
impact of the leave on the employer. If approved, such approval shall be in writing, and
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may consist of a completed Personnel Action Form approved by the department head
and City Manager and an agreement letter signed by the City Manager and the employee.
B. Benefits During Unpaid Leave
Any employee on an approved, unpaid leave of absence shall receive no compensation,
no annual leave, and no holiday pay upon the effective date of the approval of the leave.
Employer-paid insurance benefits will be continued through the balance of the paid
premium period, not to exceed one (1) month. For an unpaid leave of absence, City
contributions to retirement, health and medical plans shall be suspended until the
employee returns to work [does not apply to an employee on approved Family and
Medical Care Leave (pursuant to Section 13.11)]. An employee who is on an unpaid leave
of absence may choose to continue his/her insurance coverages during the leave of
absence by paying the City the required premiums at the same time that the premiums
would have been paid by the City and the employee, had the employee been in a paid
status. The City shall not be required to make such payments on the employee’s behalf
if the employee fails to timely make the full amount of the payments to the City.
When an employee elects to not use accumulated leave when receiving a paid benefit
from State Disability Insurance, short or long-term disability insurance, Paid Family
Leave, or workers’ compensation, such leave is considered unpaid leave (also known as
leave without pay). All cumulative unpaid leave shall be deducted when determining
eligibility for benefits that are based on cumulative time worked.
C. Return to Work
Upon expiration of an approved leave of absence, the employee is entitled to the same
or a comparable position with the same or similar duties and virtually identical pay,
benefits, and other terms and conditions of employment, unless the same position and
any comparable positions have ceased to exist because of legitimate business reasons
unrelated to the employee’s leave of absence.
An employee returning to work after a leave of absence shall receive the same step in
the salary range the employee received when the leave of absence began. Time spent
on unpaid leave shall not count towards service for increases within the salary range or
benefit accruals, except as described herein. An unpaid leave of absence of less than
eight (8) hours, shall not require an adjustment of the employee’s anniversary date for
merit raise; however, consecutive unpaid leave that exceeds eight (8) hours, or
cumulative unpaid leave in a calendar year that exceeds eight (8) hours, shall require an
adjustment of an employee’s anniversary date, which may include rounding of hours to
equal a workday. All cumulative leave without pay hours shall be deducted when
determining eligibility for benefits that are based on cumulative time worked, including but
not limited to annual leave accrual, longevity pay, and anniversary and retirement
recognition benefits. The employee shall retain seniority-related benefit qualification upon
return from an approved leave of absence, except as adjusted for the period of unpaid
leave.
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Section 13.5. Military Leave: Military leave shall be granted, in accordance with
the applicable provisions of state and federal law.
A. Officers and employees of the City who serve in the uniformed services shall be
entitled to absent themselves from their duties or service with the City while engaged in
the performance of ordered military duty, and while going to or returning from such duty
in accordance with the laws of the State of California, and the U.S. Government. This
Military Leave policy shall not be construed to expand or constrict the rights afforded to
employees under State law (Military and Veterans Code § 389 et seq.) and federal law
(the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38
U.S.C. § 4301 et seq.).
B. Employees are entitled to thirty (30) calendar days paid military leave in any one
fiscal year. Prior to taking military leave, an employee, when possible, shall present a
copy of his/her military orders to the department head and the City’s Personnel Director
or Personnel Officer for a determination of military leave eligibility.
C. Employees who are called or volunteer for service with the armed forces of the
United States shall be entitled to reinstatement to their former positions. An employee is
entitled to reinstatement to his/her former position where the cumulative length of the
employee’s absence and of all previous absences from a position of employment with the
City by reason of service in the uniformed services does not exceed five years. A
reinstated employee must provide documentation to the City showing his/her discharge
from service was not a dishonorable, bad conduct or other than honorable discharge
when it becomes available. If the documentation shows the reinstated employee’s
discharge was other than honorable, the City may terminate his/her employment.
D. Any employee returning from service with the armed forces shall be entitled to
such length of service seniority as would have been credited to the employee if he or she
remained for that period of time with the City.
E. An employee who was in a probationary period at the time of leaving shall, upon
return, complete the remaining portion of the probationary period according to the present
rules and regulations.
F. Any employee promoted to fill a vacancy created by a person serving in the armed
forces shall hold such position subject to the return of the veteran. The employee affected
by the return shall be restored to his or her former position or one of a similar nature while
the returning employee resumes the position held previously.
Section 13.6. Annual Leave:
A. Accrual of Annual Leave
All competitive service employees may be eligible to accrue annual leave. The annual
leave accrual rates shall be as follows, unless the accrual rates are revised through an
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approved Memorandum of Understanding between the City and an Exclusively
Recognized Employee Organization as defined by City Council Resolution:
0 to 60 Months – 6.77 hours per pay period (equivalent to approximately 22 eight-hour
days per year);
61 to 72 Months – 7.08 hours per pay period (equivalent to approximately 23 eight-hour
days per year);
73 to 84 Months – 7.39 hours per pay period (equivalent to approximately 24 eight-hour
days per year);
85 to 96 Months – 7.70 hours per pay period (equivalent to approximately 25 eight-hour
days per year);
97 to 108 Months – 8.00 hours per pay period (equivalent to approximately 26 eight-hour
days per year);
109 to 120 Months – 8.31 hours per pay period (equivalent to 27 eight-hour days per
year);
121 to 132 Months – 8.62 hours per pay period (equivalent to 28 eight-hour days per
year);
133 to 144 Months – 8.93 hours per pay period (equivalent to 29 eight-hour days per
year); and
145 and above Months – 9.24 hours per pay period (equivalent to 30 eight-hour days per
year, the maximum accrual rate).
Annual leave time accrues from the date of hire consistent with the above schedule, and
shall be accrued monthly on a pro-rata basis. Regular part-time employees shall accrue
prorated annual leave benefits at a ratio determined by the actual number of hours
worked, with two thousand eighty (2,080) hours equivalent to one (1) year of service and
including probationary time. Annual leave may be taken as it accrues in increments of
one-quarter hour, except that employees serving an original probationary period may not
take such leave until the 90th day after the first day of employment with the City, except
as may be pre-authorized by the department head with the concurrence of the City Manager.
For full-time employees, the maximum accumulated annual leave balance will be three
hundred and sixty -eighty (360380) hours. When a full-time employee’s accumulated
annual leave balance reaches the maximum of 360 380 hours, accrual of annual leave
shall cease. The employee shall not accrue further annual leave until such time as the
employee’s accumulated annual leave balance again falls below the maximum.
For regular part-time employees, the maximum accumulated annual leave balance will
be two hundred and seventy ninety (270290) hours. When a regular part-time employee’s
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accumulated annual leave balance reaches the maximum of 270 290 hours, accrual of
annual leave shall cease. The employee shall not accrue further annual leave until such
time as the employee’s accumulated annual leave balance again falls below the
maximum.
It is the employee’s responsibility to monitor his or her annual leave balance and ensure
that accrual will not cease, due to reaching the maximum accumulated annual leave
balance. The loss of annual leave accrual shall not occur, if the use of annual leave has
been delayed by the City due to unusual or emergency conditions as authorized by the
City Manager. Under such conditions, the City Manager may, as authorized by the City
Council, pay the employee the cash equivalent for all or part of the annual leave that
would have been accrued in excess of the maximum, or may approve in writing a
temporary increase in an employee’s maximum accumulated annual leave.
B. Requesting Use of Annual Leave
An employee may request dates for use of annual leave. All use of annual leave must be
pre-approved by the department head, who shall consider the wishes of the employee
and the service needs of the City. Annual leave shall not be used for the purpose of
organized disruption, such as in the case of a labor dispute. Generally, use of annual
leave shall require a minimum of one (1) pay period advance approval for use of annual
leave. Employees may be allowed to use annual leave each fiscal year without the
minimum notice specified in this paragraph if such absence is on account of diagnosis,
care, or treatment of an existing health condition of, or preventative care for, an employee
or any of the following of the employee’s family members: child of any age or dependency
status; parent; parent-in-law; spouse; registered domestic partner; grandparent;
grandchildren; or sibling.
A department head may require a physician’s written certification to support any
unscheduled annual leave that exceeds six (6) work days cumulative annual leave in any
fiscal year, or three (3) consecutive work days or more on account of diagnosis, care, or
treatment of an existing health condition of, or preventative care for, an employee or any
of the following of the employee’s family members noted in the above paragraph.
Unscheduled annual leave that exceeds six (6) cumulative work days in any fiscal year
may result in disciplinary action if a cause for disciplinary action is determined consistent
with Causes for Disciplinary Actions under Section 1211.9.
In cases of annual leave that has not been approved in advance on account of diagnosis,
care, or treatment of an existing health condition of, or preventative care for, an employee
or any of the employee’s family members noted in the above paragraph, the employee
shall provide written or oral notice of the need for the leave to his/her supervisor and/or
department head as soon as practicable.
In all other cases of annual leave that has not been approved in advance, an employee
shall at a minimum: 1) Provide his/her supervisor and/or department head with a
telephone message prior to or within one-half hour after the time set for the employee’s
work shift to begin; and 2) the employee shall speak to their supervisor or department
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head, or if not available speak to the person designated by the department head to receive
such verbal notice, prior to or within two (2) hours after the time set for the employee’s
work shift to begin. An employee may be required to use annual leave to take physical
examinations at periodic intervals from a physician designated and paid for by the City.
C. Pay Out of Annual Leave
Employees who terminate employment shall be paid for accumulated annual leave based
upon their then current rate of pay.
Section 13.7. City Established Holidays: Holidays shall be observed during the
calendar year according to the dates as established by City Council resolution. When a
holiday falls on Saturday, the preceding work day (Friday) shall be observed, and when
a holiday falls on a Sunday, the following Monday shall be observed, except as otherwise
stated in a City Council resolution establishing City holidays. Holiday pay for full-time
employees shall be equivalent to an eight-hour work day. Regular part-time employees
shall be paid for holidays based upon the ratio of the number of hours regularly scheduled
for the work week and budgeted for the fiscal year. In the event that one or more
municipal holidays fall within the time period for approved use of annual leave, such
holiday hours shall not be charged as annual leave.
Section 13.8. Jury Duty: In the event a regular full-time or regular part-time
employee is required to serve as a trial juror, the employee shall be allowed to be absent
from duties with the City during the period of such service. This section does not include
service on the Grand Jury of any County or any jury of inquest. The employee shall give
the City prompt notice of the employee’s required jury service. An employee is required
to complete his/her regularly scheduled work week hours in combined service to the City
and/or court unless otherwise excused by the City Manager.
The employee shall receive regular compensation in an amount established by City
Council resolution up to a maximum of thirty (30) work days in a calendar year for any
regularly scheduled work hours spent in the actual performance of jury service and actual
travel time to and from the City and the court, provided that any fees, mileage and
subsistence allowances which the employee received as a juror are remitted to the City.
Such juror service related time shall not be considered hours worked by the employee for
the purposes of calculating overtime. Regular part-time employees shall be paid for jury
duty based upon their regular work schedule and the ratio of the number of hours regularly
scheduled for the work week and budgeted for the fiscal year.
Juror service time performed during calendar day(s) an employee is not regularly
scheduled to work shall not be compensated by the City nor shall be considered hours
worked by the employee for the purposes of calculating overtime. The employee shall
retain as compensation from the court all fees, mileage and subsistence allowances
which the employee received for the juror service time performed during calendar day(s)
an employee is not regularly scheduled to work.
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Employees shall prepare and submit a personnel action form (PAF) requesting approval
of jury duty with documentation attached showing actual jury service plus the actual travel
time to and from the City and the court.
Section 13.9. Bereavement Leave: Any regular full-time employee may be
allowed to be absent from duty for up to five (5) consecutive work days (not to exceed
forty work hours) without loss of pay because of the death of a member of his/her
immediate family. When travel to distant locations or other circumstances requires
absence in excess of five (5) consecutive work days, the appointing authority may allow
the use of accumulated annual leave or compensatory time to supplement the five (5)
work days provided in this section. For the purpose of this section, “immediate family”
shall mean the husband, wife, parent, brother, sister, child (including child beyond the first
trimester of a pregnancy), step-child, grandchild, grandparent, father-in-law, mother-in-
law, son-in-law, daughter-in-law, or step-parent of an employee. The City shall not be
obligated to grant bereavement leave for the death of a divorced spouse or for the death
of a parent of a divorced spouse. In addition, the City shall not be obligated to grant
Bereavement Leave for an employee more than twice (2 times) per calendar year. The
City Manager, in his/her sole discretion, may approve non-consecutive work days for
bereavement leave when provided documentation that the funeral or burial services were
delayed for the immediate family member.
Regular part-time employees who work less than forty (40) hours per week shall be paid
for bereavement leave based upon their regular part-time work schedule and the
equivalent pro rata or proportional amount of bereavement leave, consistent with the rules
established in this section.
Section 13.10. Pregnancy Disability Leave:
A. Eligibility and Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical
condition is entitled to an unpaid leave for up to the number of hours she would normally
work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time
employee who works 40 hours per week, “four months” means 693 hours of leave
entitlement, based on 40 hours per week times 17 1/3 weeks. An employee who works
less than 40 hours per week will receive a pro rata or proportional amount of leave.
B. Coordination With Other Leaves
Pregnancy Disability Leave shall run concurrently with any available Family and Medical
Care Leave (pursuant to Section 13.11). Pregnancy Disability Leave shall not count
against the leave available under the California Family Rights Act.
An employee on Pregnancy Disability Leave may use paid accumulated annual leave or
compensatory time to supplement payments received as disability insurance benefits, but
the combination of paid leave and disability pay may not exceed the employee’s regular
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salary. The receipt of annual leave pay or disability insurance benefits will not extend the
length of the Pregnancy Disability Leave.
C. Benefits During Leave
Pregnancy Disability Leave is without pay and annual leave does not accrue while an
employee is on pregnancy disability leave, with the exception of when using accumulated
annual leave. An employee on Pregnancy Disability Leave may continue to receive any
group health insurance coverage that was provided before her leave, beginning on the
date the pregnancy disability leave begins and continuing for up to four months in a 12-
month period, at the same level and under the same conditions that coverage would have
been provided if the employee had continued in employment continuously for the duration
of the leave. The City may recover premiums it paid to maintain health coverage if an
employee does not return to work following pregnancy disability leave, unless the reason
for the failure to return is a circumstance beyond her control or the use of the separate
right to 12 weeks of bonding leave under the California Family and Medical Leave Act or
New Parent Leave Act.
The employee retains employee status during the Pregnancy Disability Leave. The leave
is not a break in service for purposes of longevity or seniority under any collective
bargaining agreement or employee benefit plan. Benefits will be resumed upon the
employee’s reinstatement in the same manner and at the same levels as provided when
the leave began, without any new qualification period, physical exam, or other qualifying
provisions.
D. Certification and Notice
Requests for Pregnancy Disability Leave must be submitted in writing with reasonable
advance notice of the medical need for the leave on a form supplied by or approved by
the City. All leaves must be confirmed in writing, have an agreed-upon specific date of
return, and be submitted to the Personnel Director or Personnel Officer.
The request for Pregnancy Disability Leave must be supported by a written certification
from the attending physician stating that: the employee is disabled from working by
pregnancy, childbirth or a related medical condition; 2) the date on which the employee
became disabled by pregnancy, childbirth or a related medical condition; and 3) the
estimated duration or end date of the leave.
E. Return to Work
Upon return to work at the expiration of the Pregnancy Disability Leave period, an
employee is entitled to be reinstated to her original or comparable position unless the
position was eliminated for a legitimate business reason during the leave. A “comparable
position” is a position that involves the same or similar duties and responsibilities and is
virtually identical to the employee’s original position in terms of pay, benefits, and working
conditions.
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If upon return from leave an employee is unable to perform the essential functions of her
job because of a disability, the City will initiate an interactive process with the employee
in order to identify a potential reasonable accommodation in accordance with this rule.
Section 13.11. Family and Medical Care 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. The following provisions set forth certain rights and obligations with
respect to such leave. Rights and obligations which are not specifically set forth below
are set forth in the Department of Labor regulations implementing the Federal Family and
Medical Leave Act of 1993 (“FMLA”), and the regulations of the California Family Rights
Act (“CFRA”). Unless otherwise provided by this policy, “leave” under this policy shall
mean leave pursuant to the FMLA and CFRA. Any revisions to these laws shall
supersede the language in this Family and Medical Care Leave section.
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. “Single 12-month period” means a 12-month period which begins on the first day the
eligible employee takes FMLA leave to take care of a covered servicemember and
ends 12 months after that date.
3. “Child” means a child under the age of 18 years of age, or 18 years of age or older
who is incapable of self-care because of a mental or physical disability. An
employee’s child is one for whom the employee has actual day-to-day responsibility
for care and includes, a biological, adopted, foster or step-child.
A child is “incapable of self-care” if he/she requires active assistance or supervision
to provide daily self-care in three or more of the activities of daily living or
instrumental activities of daily living — such as, caring for grooming and hygiene,
bathing, dressing and eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and
directories, etc.
4. “Parent” means the biological, adoptive, step or foster 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.
5. “Spouse” means a husband or wife as defined or recognized under California State
law for purposes of marriage. “Spouse” also includes registered domestic partners
and same-sex partners in marriage.
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6. “Domestic Partner,” as defined by Family Code §§ 297 and 299.2, shall have the
same meaning as “Spouse” for purposes of CFRA Leave.
7. “Serious health condition” means an illness, injury impairment, or physical or mental
condition that involves:
a. Inpatient care in a hospital, hospice, or residential medical care facility, including
any period of incapacity (i.e., inability to work, or perform other regular daily
activities due to the serious health condition, treatment involved, or recovery
therefrom). A person is considered an “inpatient” when a health care facility
formally admits him or her to the facility with the expectation that he/she will
remain at least overnight, even if it later develops that such person can be
discharged or transferred to another facility, and does not actually remain
overnight; or
b. Continuing treatment by a health care provider: A serious health condition
involving continuing treatment by a health care provider includes any one or more
of the following:
1) A period of incapacity (i.e., inability to work, or perform other regular daily
activities) due to serious health condition of more than three full
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
i) Treatment two or more times within 30 days of the first day of
incapacity, unless extenuating circumstances exist by a health care
provider, by a nurse, or by a provider of health care services (for
example,, a physical therapist) under orders of, or on referral by a
health care provider. The first in-person treatment visit must take
place within seven days of the first day of incapacity; or
ii) Treatment by a health care provider on at least one occasion which
must take place within seven days of the first day of incapacity and
results in a regimen of continuing treatment under the supervision
of the health care provider. This includes for example, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over
the counter, and can be initiated without a visit to a health care
provider, it does not constitute a regimen of continuing treatment.
2) Any period of incapacity due to pregnancy or for prenatal care. This
entitles the employee to FMLA leave, but not CFRA leave. (Under
California law, an employee disabled by pregnancy is entitled to
pregnancy disability leave. See Pregnancy Disability Leave – Section
13.10)
3) Any period of incapacity or treatment for such incapacity due to a chronic
serious health condition. A chronic serious health condition is one which:
i) Requires periodic visits (defined as at least twice a year) for
treatment by a health care provider or by a nurse;
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ii) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
iii) May cause episodic rather than a continuing period of incapacity
(for example, asthma, diabetes, epilepsy, etc.). Absences for such
incapacity qualify for leave even if the absence lasts only one day.
4) A period of incapacity which is permanent or long term due to a condition
for which treatment may not be effective. The employee or family member
must be under the continuing supervision of, but need not be receiving
active treatment by, a health care provider.
5) Any period of absence to receive multiple treatments (including any period
of recovery therefrom) by a health care provider or by a provider of health
care services under orders of, or on referral by, a health care provider,
either for restorative surgery after an accident or other injury, or for a
condition that would likely result in a period of incapacity of more than
three consecutive calendar days in the absence of medical intervention or
treatment.
8. “Health Care Provider” means:
a. A doctor of medicine or osteopathy who is authorized to practice medicine or
surgery by the State of California;
b. Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who directly
treat or supervise treatment of a serious health condition;
c. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to correct
a subluxation as demonstrated by X-ray to exist) authorized to practice in
California and performing within the scope of their practice as defined under
California State law;
d. Nurse practitioners and nurse-midwives, clinical social workers, and physician
assistants who are authorized to practice under California State law and who
are performing within the scope of their practice as defined under California
State law;
e. Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts; and
f. Any health care provider from whom an employer or group health plan’s
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
9. “Covered active duty” means: (1) in the case of a member of a regular component
of the Armed Forces, duty during the deployment of the member with the Armed
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Forces to a foreign country, or (2) in the case of a member of a reserve component
of the Armed Forces, duty during the deployment of member of the Armed Forces
to a foreign country under a call or order to active duty under certain specified
provisions.
10. “Covered Servicemember” means: (1) a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list, for a serious injury or illness; or (2) a veteran
who is undergoing medical treatment, recuperation, or therapy, for a serious injury
or illness and who was a member of the Armed Forces, including a member of the
National Guard or Reserves, at any time during the period of five years preceding
the date on which the veteran undergoes that medical treatment, recuperation, or
therapy.
11. “Outpatient Status” means, with respect to a covered servicemember, the status of
a member of the Armed Forces assigned to either: (1) a military medical treatment
facility as an outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care as
outpatients.
12. “Next of Kin of a Covered Servicemember” means the nearest blood relative other
than the covered servicemember’s spouse, parent, son, or daughter, in the following
order of priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another blood relative as his
or her nearest blood relative for purposes of military caregiver leave under the FMLA.
13. “Serious Injury or Illness”: (1) in the case of a member of the Armed Forces,
including a member of the National Guard or Reserves, means an injury or illness
that was incurred by the member in the line of duty on active duty in the Armed
Forces (or existed before the beginning of the member’s active duty and was
aggravated by service in the line of duty on active duty in the Armed Forces) and
that may render the member medically unfit to perform the duties of the member’s
office, grade, rank, or rating; or (2) in the case of a veteran who was a member of
the Armed Forces, including a member of the National Guard or Reserves, at any
time during the period of five years preceding the date on which the veteran
undergoes that medical treatment, recuperation, or therapy, means a qualifying
injury or illness that was incurred by the member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the member’s active duty and
was aggravated by service in the line of duty on active duty in the Armed Forces)
and that manifested itself before or after the member became a veteran.
C. Reasons For Leave
Leave is only permitted for the following reasons:
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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, spouse, or domestic partner who has a serious
health condition, pursuant to the California Family Rights Act, Cal. Gov Code §
12945.2, and the Family and Medical Leave Act, 29 USCA § 2614;
4. Leave because of a serious health condition that makes the employee unable to
perform the functions of his/her position (i.e., an employee is unable to perform
any one or more of the essential functions of his/her position);
5. Leave for a “qualifying exigency” may be taken arising out of the fact that an
employee’s spouse, son, daughter, or parent is on covered active duty or call to
active duty status (under the FMLA only, not the CFRA); or
6. Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered
servicemember of the United States Armed Forces who has a serious injury or
illness incurred in the line of duty while on active military duty or existed before the
beginning of the member’s active duty and was aggravated by service in the line
of duty on active duty in the Armed Forces (this leave can run up to 26 weeks of
unpaid leave during a single 12-month period) (under the FMLA only, not the
CFRA).
Employees who misuse or abuse leave under this Policy may be disciplined up to and
including termination. An employee who fraudulently obtains or uses CFRA leave is not
protected by the CFRA’s job restoration or maintenance of health benefits provisions.
D. Employees Eligible For Leave
An employee is eligible for leave if:
1. The employee has been employed by the City for at least 12 months; and
2. The employee has been employed by the City 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 (or 26 workweeks to care for a
covered servicemember) of leave during any 12-month period. Where FMLA leave
qualifies as both military caregiver leave and care for a family member with a serious
health condition, the leave will be designated as military caregiver leave first.
F. Minimum Duration of Leave
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1. If leave is requested for the birth, adoption or foster care placement of a child of
the employee, leave must be concluded within one year 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 (for example,
bonding with a newborn) for less than two weeks duration on any two occasions.
2. If leave is requested to care for a child, parent, spouse or the employee him/herself
with serious health condition, there is no minimum amount of leave that must be
taken. However, compliance with the notice and medical certification provisions in
this Policy is required.
G. Parents Both Employed by the City
In any case in which both parents are employed by the City and are entitled to FMLA
leave, the aggregate number of workweeks of leave to which both may be entitled may
be limited to a combined total of 12 workweeks of leave during any 12-month period if
leave is taken for the birth of the employee’s child or to care for the child after the birth,
or for placement of a child with the employee for adoption or foster care or to care for the
child after placement. Leave to care for a child after birth or placement for adoption or
foster care is referred to as bonding leave. Similarly, where married spouses both work
for the City, they may be limited to a combined total of 12 workweeks of FMLA leave to
take care of an employee’s parent with a serious health condition.
Where FMLA military caregiver leave is involved for spouses who are both eligible for
FMLA leave and are both employed by the City, the aggregate number of workweeks of
leave to which both may be entitled may be limited to a combined 26 workweeks during
any 12-month period if leave is taken to care for a covered servicemember.
Except as noted above, this limitation does not apply to any other type of leave under this
policy.
H. Employee Benefits While on Leave
Leave under this policy is unpaid. While on leave pursuant to this Policy, employees will
continue to be covered by the City group health insurance, for up to 12 weeks each leave
year, to the same extent that coverage is provided while the employee is on the job. If
the employee is disabled by pregnancy, coverage will continue to be covered for up to 4
months each leave year. In the event an employee is disabled by pregnancy and also
uses leave under the CFRA, such as for bonding, City will maintain the employee’s health
benefits while the employee is disabled by pregnancy (up to four months or 17 1/3 weeks)
and during the employee’s CFRA leave (up to 12 weeks). However, employees will not
continue to be covered under any City elective insurance benefit plans that are not
provided through the City’s group health plans while the employee is on unpaid leave.
Employees may make the appropriate contributions for continued coverage under any
non-health benefit plans by payroll deductions or direct payments made to these plans.
Depending on the particular plan, the City will inform the employee whether the premiums
should be paid to the carrier or to the City. An employee’s coverage on a particular plan
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may be dropped if the employee is more than 30 days late in making a premium payment.
Written notice will be provided by the City at least 15 days before coverage is to cease,
advising the employee that insurance coverage will be dropped if the premium payment
is not paid by a certain date. Employee contribution rates are subject to any change in
rates that occurs while the employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for
the entire leave period, unless the employee does not return because of the continuation,
recurrence, or onset of a serious health condition of the employee or his/her family
member which would entitle the employee to leave, or because of circumstances beyond
the employee’s control, as determined by the City Manager at his or her sole discretion
after review of the documentation provided by the employee.
I. Substitution of Paid Accumulated Leave
While on leave under this policy, as set forth herein, an employee may elect to
concurrently use paid accumulated annual leave or compensatory time. Similarly, the
City may require an employee to concurrently use paid accumulated annual leave after
requesting FMLA and/or CFRA leave, and may also require an employee to use annual
leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. If an
employee is receiving a paid benefit from State Disability Insurance, short or long-term
disability insurance, Paid Family Leave, or workers’ compensation, an employee may, at
his/her option, coordinate the use of paid benefit time off and annual leave up to his or
her regular salary amount, but the City may not require an employee to use accumulated
annual leave.
1. Employee’s Right to Use Paid Accumulated Annual Leave Concurrently with
FMLA/CFRA Leave
Where an employee has earned or accumulated paid annual leave or
compensatory time, that paid leave may be substituted for all or part of any
(otherwise) unpaid leave under this policy.
2. City’s Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA
Leave
Employees must exhaust their accumulated annual leave hours concurrently with
leave pursuant to this Policy to the same extent that employees have the right to
use their accumulated annual leave concurrently with FMLA/CFRA leave, with two
exceptions:
a. Employees are not required to use paid annual leave during leave pursuant
to a disability plan that pays a portion of the employee’s salary while on
leave, unless the employee agrees to use paid annual leave to cover the
unpaid portion of the disability leave benefit; and
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b. An employee must agree to use leave from the employee’s accumulated
annual leave to care for a child, parent, spouse or domestic partner.
3. City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently
with Other Leaves
If an employee takes a leave of absence for any reason which is FMLA/CFRA-
qualifying, the City may designate that non-FMLA/CFRA leave as running
concurrently with the employee’s 12-week FMLA/CFRA leave entitlement.
4. City’s and Employee’s Rights if an Employee Requests Use of Accumulated
Annual Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accumulated annual leave without reference to
a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave
is for a FMLA/CFRA-qualifying purpose. However, if the City denies the
employee’s request and the employee provides information that the requested time
off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the
reason for the absence. If the reason is FMLA/CFRA-qualifying, the City may
require the employee to exhaust accumulated annual leave as described above.
J. Medical Certification/Recertification
Employees who request FMLA/CFRA leave must provide a medical certification and/or
recertification to support the need for the leave as described below:
1. Employee’s Own Serious Health Condition: Employees who request leave for their
own serious health condition must provide written certification from the health care
provider that contains all of the following: the date, if known, on which the serious
health condition commenced; the probable duration of the condition; and a
statement that, due to the serious health condition, the employee is unable to work
at all or is unable to perform any one or more of the essential functions of his or
her position. Upon expiration of the time period the health care provider originally
estimated that the employee needed for his/her own serious health condition, the
employee must obtain recertification if additional leave is requested.
2. Family Member Serious Health Condition: Employees who request leave to care
for a child, parent, domestic partner or a spouse who has serious health condition
must provide written certification from the health care provider of the family
member requiring care that contains all of the following: the date, if known, on
which the serious health condition commenced; the probable duration of the
condition; an estimate of the amount of time which the health care provider
believes the employee needs to care for the child, parent, domestic partner, or
spouse, and a statement that the serious health condition warrants the
participation of the employee to provide care during a period of treatment or
supervision of the child, parent or spouse. The term “warrants the participation of
the employee” includes, but is not limited to, providing psychological comfort, and
arranging third party care for the covered family member, as well as directly
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providing, or participating in, the medical care. Upon expiration of the time period
the health care provider originally estimated that the employee needed to care for
a covered family member, the employee must obtain recertification from the health
care provider if additional leave is requested.
3. Servicemember Serious Injury or Illness: Employees who request FMLA leave to
care for a covered servicemember who is a child, spouse, parent or “next of kin”
of the employee, must provide written certification from a health care provider
regarding the injured servicemember’s serious injury or illness. The City will verify
the certification as permitted by the FMLA regulations.
4. Qualifying Exigency: The first time an employee requests FMLA leave because of
a qualifying exigency, an employer may require the employee to provide a copy of
the military member’s active duty orders or other documentation issued by the
military which indicates that the military member is on covered active duty or call
to active duty status in a foreign country, and the dates of the military member’s
active duty service. A copy of the new active duty orders or similar documentation
shall be provided to the City if the need for leave because of a qualifying exigency
arises out of a different active duty or call to active duty status of the same or a
different military member. The City will verify the certification as permitted by the
FMLA regulations.
K. Time to Provide a Medical Certification
When an employee’s leave is foreseeable and at least 30 days’ notice has been provided,
if a medical certification is requested, the employee must provide it before the leave
begins. When this is not possible, the employee must provide the requested certification
to the City within the time frame requested by the City (at least 15 calendar days), unless
it is not practicable under the particular circumstances to do so despite the employee’s
diligent, good faith efforts.
L. Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given
a reasonable opportunity to cure any such deficiency. However, if an employee fails to
provide a medical certification within the time frame established in these Rules, the City
may delay the taking of FMLA/CFRA leave until required certification is provided, or deny
FMLA/CFRA protections following the expiration of the time period to provide an adequate
certification.
M. City’s Review of the Contents of Medical Certification for Employee’s Own
Serious Health Condition
1. Complete and Sufficient: The employee must provide a certification for his or her
own serious health condition that is complete and sufficient to support the request
for leave. A certification is incomplete if one or more of the applicable entries on
the certification form have not been completed. A certification is insufficient if the
information on the certification form is vague, ambiguous, or not responsive. If the
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certification is incomplete or insufficient, the City will give the employee written
notice of the deficiencies and seven days to cure, unless a longer period is
necessary in light of the employee’s diligent, good faith efforts to address the
deficiencies.
2. Authentication and Clarification: After giving the employee an opportunity to cure
the deficiencies in a medical certification for the employee’s own serious health
condition, the City may contact the health care provider who provided the
certification to clarify and/or authenticate the certification. “Authentication” means
providing the health care provider with a copy of the certification form and
requesting verification that the information on the form was completed or
authorized by the health care provider who signed the form. “Clarification” means
contacting the health care provider to understand the handwriting on the medical
certification or to understand the meaning of the response. The City may not ask
for additional information beyond that required on the certification form.
N. Second and Third Medical Opinions for Employee’s Own Serious Health
Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the
employee’s serious health condition, the City may require a medical opinion of a second
health care provider chosen and paid for by the City. If the second opinion is different
from the first, the City may require the opinion of a third provider jointly approved by the
City and the employee, but paid for by the City. The opinion of the third provider will be
binding. The City must provide the employee with a copy of the second and third medical
opinions, where applicable, without cost, upon the request of the employee.
O. Intermittent Leave or Leave on a Reduced Leave Schedule
If an employee requests leave intermittently (for example, a few days or hours at a time)
or on a reduced leave schedule for his or her own serious health condition, or to care for
an immediate family member with serious health condition, the employee must provide
medical certification that such leave is medically necessary. “Medically necessary” means
there must be a medical need for the leave and that the leave can best be accomplished
through an intermittent or reduced leave schedule. The City may require an employee
who certifies the need for a reduced schedule or intermittent leave to temporarily transfer
to an alternate position of equivalent pay and benefits that better accommodates the leave
schedule. New certification may be required every thirty (30) calendar days unless the
medical provider note gives a longer duration of treatment. If the duration is longer than
six months, “ongoing,” or “lifetime,” a new medical provider note may be required every
six months.
P. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of
their need for leave. Except for qualifying exigency leave, if leave is foreseeable, at least
30 days’ notice is required. In addition, if an employee knows that he/she will need leave
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in the future, but does not know the exact date(s) (for example, for the birth of a child or
to take care of a newborn), the employee shall inform his/her supervisor as soon as
possible that such leave will be needed. If the City determines that an employee’s notice
is inadequate or the employee knew about the requested leave in advance of the request,
the City may delay the granting of the leave until it can, in its discretion, adequately cover
the position with a substitute.
For foreseeable leave due to a qualifying exigency, an employee must provide notice of
the need for leave as soon as practicable, regardless of how far in advance such leave is
foreseeable.
Q. Reinstatement Upon Return From Leave
1. Reinstatement to Same or Equivalent Position: Upon expiration of leave, an
employee is entitled to be reinstated to the position of employment held when the
leave commenced, or to an equivalent position with equivalent benefits and pay.
Employees have no greater rights to reinstatement, benefits, and other conditions
of employment than if the employee had been continuously employed during the
FMLA/CFRA period.
2. Date of Reinstatement: If a definite date of reinstatement has been agreed upon
at the beginning of the leave, the employee will be reinstated on the date agreed
upon. If the reinstatement date differs from the original agreement of the employee
and the City, the employee will be reinstated within two business days, where
feasible, after the employee notifies the employer of his/her readiness to return.
3. Employee’s Obligation to Periodically Report on His/Her Condition: Employees
may be required to periodically report on their status and intent to return to work.
This will avoid any delays to reinstatement when the employee is ready to return.
4. Fitness for Duty Certification: As a condition of reinstatement of an employee
whose leave was due to the employee’s own serious health condition, which made
the employee unable to perform his or her job, the employee must obtain and
present a fitness-for-duty certification from the health care provider stating that the
employee is able to resume work. Failure to provide such certification will result in
denial of reinstatement.
R. Required Forms
Employees must complete and receive City Manager approval of the applicable City
form(s) to receive family and medical care leave.
Section 13.12. Reasonable Accommodation:
Any revisions to Federal and State laws requiring employment-related reasonable
accommodation shall supersede the language in this section. Absent undue hardship or
direct threats to the health and safety of employee(s), the City provides employment-
related reasonable accommodations to:
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A. Qualified individuals with disabilities, both applicants and employees, to enable
them to perform essential job functions; and
B. Employees with conditions related to pregnancy, childbirth, or a related medical
condition, if she so requests, and with the advice of her health care provider; and
C. Employee victims of domestic violence, sexual assault, or stalking to promote the
safety of the employee victim while at work; and
D. Employees who request reasonable accommodation to address a conflict between
religious belief or observance and any employment requirement.
In cases of reasonable accommodations for a disability, if the disability or the need for
reasonable accommodation is not obvious, the City may require the individual to provide
reasonable medical documentation confirming the existence of the disability and the need
for reasonable accommodation, along with the name and credentials of the individual’s
health care provider. If the individual provides insufficient documentation, the City will: 1)
explain the insufficiency; 2) allow the employee or applicant to supplement the
documentation; and 3) pursue the interactive process only to the extent that the request
for reasonable accommodation is supported by the medical documentation provided.
If a pregnant employee, or an employee with a pregnancy-related condition, requests a
reasonable accommodation or transfer due to pregnancy, the City will provide the
employee with notice of the need for a medical certification within two (2) business days
after the employee’s request for accommodation. A medical certification confirming the
need for a reasonable accommodation, including transfer, is sufficient if it contains: a
description of the requested accommodation or transfer; a statement describing the
medical advisability of the accommodation or transfer due to pregnancy; and the date that
the need for the accommodation or transfer will become necessary and the estimated
duration of the accommodation or transfer.
An employee who is a victim of domestic violence, sexual assault, or stalking and who
requests an accommodation to provide for his or her safety while at work must provide
both of the following:
1. A written statement signed by the employee or an individual acting on the
employee’s behalf, to certify that the accommodation is to address victim-safety
concerns while at work; and
2. A certification demonstrating the employee’s status as a victim of domestic
violence, sexual assault, or stalking, which can be in the form of: a police report
indicating the employee’s victim status; a court order separating the perpetrator
from the employee or that the employee has appeared in court for that purpose; or
documentation from a medical professional or counselor that the employee is
undergoing treatment for physical or mental injuries or abuse resulting from an act
of domestic violence, sexual assault, or stalking.
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An unpaid leave of absence may be considered as a reasonable accommodation for a
qualified individual pursuant to Section 13.4 – Unpaid Leave of Absence.
Section 13.13. Interactive Process:
Any revisions to Federal and State laws pertaining to an employment-related reasonable
accommodation interactive process shall supersede the language in this section.
A. Initiation of Interactive Process
The City will initiate the interactive process when:
1. An applicant or employee with a known physical or mental disability or medical
condition requests reasonable accommodation(s); or
2. The City otherwise becomes aware of the need for an accommodation through a
third party (for example, a doctor’s note requesting an accommodation), or by
observation of the employee’s work; or
3. The City becomes aware of the possible need for an accommodation because the
employee with a disability has exhausted workers’ compensation leave, Family
and Medical Act leave, or other leave rights, but the employee and/or the
employee’s health care provider indicate that further accommodation is still
necessary for recuperative leave or other accommodation; or
4. An employee disabled by pregnancy, childbirth or related medical conditions
requests a reasonable accommodation or transfer based on the advice of her
health care provider; or
5. An employee with a physical or mental disability, regardless of cause, fails to return
to work following pregnancy disability leave (2 Calif. Code of Regulations Section
11047); or
6. An employee-victim of domestic violence, sexual assault, or stalking requests a
reasonable accommodation(s) for his or her safety at work; or
7. An employee requests an accommodation to address a conflict between religious
belief, observance, or practice and any employment requirement; or
8. An employer is aware of the need for a reasonable accommodation for an
employee’s or applicant’s religious beliefs, observance or practices.
After the occurrence of any of the above-stated circumstances that trigger the need to
conduct an interactive process meeting, the Assistant City Manager or designee will
promptly arrange for a discussion or discussions, in person or via conference telephone
call, with the applicant or employee and his or her designated representative, (if any).
The purpose of the interactive communications will be to discuss in good faith all feasible
potential reasonable accommodations. The Assistant City Manager or designee will
document these communications in writing.
B. Potential Accommodations for Applicants or Employees with Disabilities
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Depending on the facts of each case, the interactive process analysis will generally begin
with a review of possible reasonable accommodations that would enable the individual to
retain his or her current job. The process will generally then move on to possible
reasonable accommodations in other vacant jobs, for which the individual is qualified, if
there is no reasonable accommodation in the current job that does not cause undue
hardship, or that does not present a risk of harm to the individual or others. The City will
consider accommodations that the applicant or employee suggests, but has the right to
select and implement any reasonable accommodation that it deems effective. The range
of potential reasonable accommodations includes, but is not limited to:
1. Making existing facilities used by employees readily accessible to, and usable by,
individuals with disabilities, including: acquisition or modification of equipment or
devices, adjustment or modifications of examinations, training materials or
policies, and/or the provision of qualified readers or interpreters;
2. Job restructuring;
3. Part-time or modified work schedules;
4. Paid or unpaid leave of absence of a finite duration that is likely to enable the
employee to return to work at the end of the leave;
5. Preferential consideration to reassignment to a vacant, comparable position,
except when such preference would violate a bona fide seniority system;
6. Reassignment to a vacant lower-paid position if there is no funded, vacant
comparable position for which the individual is qualified for; or
7. Reassignment to a temporary position, if the individual agrees.
C. Potential Accommodations for Employees Affected by Pregnancy and
Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and
implement a reasonable accommodation that is consistent with the medical certification
applicable to the applicant or employee. Whether an accommodation is reasonable is a
case-by-case analysis that takes into account several factors, including, but not limited
to: the employee’s medical needs; the duration of the needed accommodation; and the
employer’s legally permissible past and current practices. The range of potential
accommodations includes, but is not limited to:
1. Transfer to a less strenuous or hazardous position for the duration of the
pregnancy;
2. Change in or restructuring of work duties, such as modifying lifting requirements;
3. Providing more frequent breaks;
4. Providing a larger computer monitor
5. Providing seating;
6. Time off for medical appointments;
7. Transfer temporarily to a job with equivalent pay and benefits that the employee is
qualified to perform in order to accommodate reduced work schedule or
intermittent leave. (However, a reduction in work hours may be considered a form
of pregnancy disability leave and deducted from the employee’s four month
pregnancy disability leave entitlement.)
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D. Potential Accommodations for Employee-Victims of Domestic Violence,
Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will
review all possible accommodations that would enhance the safety of the employee victim
at work. In determining what accommodation is reasonable, the City will consider the
exigent circumstance or danger facing the employee. The City will consider the
preferences of the employee to be accommodated, but has the right to select and
implement any accommodation that it deems effective. The range of potential safety
measure accommodations includes, but is not limited to:
1. Transfer, reassignment, modified schedule;
2. Change in work telephone number;
3. Change in location of work station;
4. Installation of locks;
5. Assistance in documenting domestic violence, sexual assault, or stalking that
occurs in the workplace;
6. The implementation of a safety procedure(s);
7. Adjustment to job structure, workplace facility, or work requirement; and
8. Referral to a victim assistance organization. (Labor Code § 230(f)(2).)
E. Potential Accommodations for Religious Creed, Religious Dress Practice, or
Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all
possible accommodations that would resolve the conflict between the religious belief or
observance and any employment requirement. The City will consider the preference of
the employee or applicant, but has the right to select and implement any accommodation
that it deems effective. The range of potential accommodations includes, but is not limited
to:
1. Job restructuring or job reassignment (but not segregation from other employees
or the public);
2. Modification of work practices, including dress or grooming standards;
3. Allowing time off in an amount equal to the amount of non-regularly scheduled time
the employee has worked in order to avoid a conflict with his or her religious
observances;
4. Allowing alternatives to union membership or payment of union dues.
F. Determination
After the interactive process communications, the Assistant City Manager or designee will
review the information received, and determine: whether all available information has
been reviewed; whether all potential accommodations that the applicant or employee has
suggested have been considered; whether additional discussions with the applicant or
employee would be helpful; whether the applicant’s or employee’s preferences have been
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taken into account; if there is a reasonable accommodation that would enable the
applicant or employee to perform essential job functions without harming him or herself
or others; and if the accommodations would pose an undue hardship on City finances or
operations. The Assistant City Manager or designee will inform the applicant or employee
of his or her determination in writing. The Assistant City Manager or designee will use
his or her discretion based upon the particular facts of each case.
G. Access to Medical Information Regarding Fitness for Duty
Medical records and information regarding fitness for duty, or the need for an
accommodation, will be maintained separately from non-medical records and information.
Medical records and information regarding fitness for duty and the need for
accommodation will be accessible only by the Assistant City Manager or designee, the
City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors
who are responsible for identifying reasonable accommodations. Medical records and
information contained therein may be released pursuant to state and federal law.
Section 13.14. Temporary Modified Work Program:
This policy provides guidelines for the City’s temporary modified work program. The
program provides for temporary modified assignments for employees who suffer from an
injury or illness on or off duty, or have a temporary limiting condition that makes him/her
unable to perform some or all of the usual and customary duties of his/her position on a
temporary or short-term basis. There are no permanent modified light duty positions or
assignments in the City of Moorpark. Temporary modified assignments are provided at
the discretion of the City, and the City has the sole discretion to define and limit modified
assignments and duties at any time.
A. DEFINITIONS:
1. On-the-job injury or illness: Injury or illness which occurs in the course of
the employment.
2. Off-work injury or illness: Injury or illness which occurs during non-work
periods and is non-industrial in origin.
3. Temporary modified work: The temporary restructuring and/or
modifications of work, duties or tasks.
B. PROCEDURES:
1. Upon request by the employee for temporary modified work or
determination by the City that temporary modified work is available for the
employee, the City will initiate the interactive process with the employee to
discuss work restrictions provided by his/her treating physician, the
employee’s anticipated date of return to full duty, and possible temporary
modified work assignments. The City may request and require additional
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information from the employee to support the assignment of temporary
modified work, including documentation from the employee’s treating
physician regarding work restrictions, and the employee’s anticipated date
of return to full duty.
2. If temporary modified work is unavailable within the employee’s usual
department, the option to assign the employee to other departments may
be considered. If there is no temporary modified work available to the
employee, the employee may not be assigned to the temporary modified
duties program.
3. The City Manager or his/her designee shall determine whether to approve
all temporary modified work. The City Manager or his/her designee may
consult with the employee’s department head, supervisor and/or any other
person he/she believes will provide relevant input regarding the temporary
modified work assignments. Temporary modified work is not permanent
and shall be periodically reviewed and reevaluated by the City Manager or
his/her designee.
4. Upon the employee’s release to full duty without restrictions and receipt of
written authorization from the City Manager or his/her designee, the
employee shall be returned to his/her regular work unit and resume his/her
regular duties.
5. During the period of temporary modified work, the employee shall be
entitled to accumulate pay and benefits at the same rate of pay and benefit
accumulation as if the employee were working his/her regular duties. If the
temporary modified work assignment is less than full time, the employee’s
pay and benefit accumulation shall be prorated, and the employee’s pay
may be supplemented by accumulated annual leave or workers’
compensation benefits, if applicable. Personnel action requests shall reflect
the work period but shall also indicate a notation that the employee is on
temporary modified work. Said notation is for record keeping purposes only.
6. When medical evidence obtained by the City-approved physicians and/or
employee-approved physicians indicates with reasonable medical
probability that the injured employee will be incapable of returning to the full
duty position, the City shall continue to engage in the interactive process
with the employee as outlined in Section 13.13 (Interactive Process).
Section 13.15. Determination on Employment: Pursuant to Section 13.13
(Interactive Process), the City shall engage in the interactive process with the affected
employee to determine whether all potential accommodations that the employee has
suggested have been considered; whether additional discussions with the or employee
would be helpful; whether the employee’s preferences have been taken into account; if
there is a reasonable accommodation that would enable the applicant or employee to
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perform essential job functions without harming him or herself or others; and if the
accommodations would pose an undue hardship on City finances or operations.
RULE 14. WORKERS’ COMPENSATION
Section 14.1. Injuries on the Job: California law requires employers to have
Workers’ Compensation insurance, and all employees of the City of Moorpark shall be
governed by the laws of the State of California relating to Workers’ Compensation. New
employees shall be provided the required “Facts about Workers’ Compensation” at the
time of the new employee orientation. The California Workers’ Compensation law
includes benefit payments for medical care, temporary disability, permanent disability,
death benefits, and supplemental job displacement benefit as may be applicable for an
injured or ill employee.
Section 14.2. Reporting: Any work related injury or illness must be immediately
reported by the injured or ill employee to his/her immediate supervisor. If the immediate
supervisor is not available, then the injured or ill employee shall immediately notify their
acting supervisor or department head, or the Human Resources workers compensation
claims administrator. All accidents or injuries, no matter how minor or small, must be
reported by the injured or ill employee to their supervisor, and the supervisor must
complete an Injury or Illness Event Report form before the end of the work shift in which
the injury occurred or the illness became known or no later than the first working day after
the injury or illness occurred or was reported. The injured or ill employee has a right to
request and the supervisor or acting supervisor must provide a Workers’ Compensation
Claim Form (DWC 1 Form) within one working day after learning about the injury or
illness, and shall advise the employee where to go for treatment, unless the supervisor
verifies that the employee has filed with the City a Predesignation of Personal Physician
form prior to the injury. The City’s workers compensation administrator shall maintain and
make available to supervisors a list of all employees with an approved Predesignation of
Personal Physician form on file with the City.
The completed Injury or Illness Event Report Form must be submitted to the Human
Resources workers’ compensation administrator, and a copy shall be provided to the
department head, Personnel Director or Personnel Officer, and the City Manager. In the
event that a work related injury or illness requires emergency medical care, the
employee’s supervisor must report the injury and complete the Supervisor Report as soon
as possible. Any delay by an employee in reporting a work injury or illness may delay
workers’ compensation benefits, and an employee could lose their right to benefits if the
employer does not learn of an employee injury within thirty (30) days of the injury date. If
an employee declines to submit a DWC 1 Form for an injury requiring only first aid, the
supervisor shall document in writing the date the DWC 1 Form was offered to the
employee, or may request the employee to complete the Employee Refusal of Medical
Treatment Form, which shall be submitted to the Human Resources workers’
compensation administrator. An employee who completes a Refusal of Medical
Treatment Form may later request to file the DWC 1 form.
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Section 14.3. Choice of Physicians: Consistent with the California Workers’
Compensation law, employees shall have the opportunity to pre-designate their primary
care physician as their treating physician for purposes of Workers’ compensation
treatment by completing the City of Moorpark Personal Physician Pre-Designation Form,
obtaining their personal physician’s original signature on the completed form, and
submitting the original form to the City’s Human Resources workers compensation
administrator. Should an employee fail to submit a completed City of Moorpark Personal
Physician Pre-Designation Form, the City’s Medical Provider Network shall initially treat
the employee for a workplace injury or illness.
Section 14.4. Authorized Absence: This Section shall only apply to those injuries
or illnesses that are admitted by the City as arising out of and in the course of
employment.
Whenever a regular or probationary employee of the City is disabled by an injury or illness
arising out of, and in the course of his/her duties, the City shall continue full salary for a
period of three (3) work days (beginning on the first work day following the injury or onset
of illness). After three (3) work days (ending on the third work day following the injury), an
employee who has not been approved to return to work, and is receiving a paid Workers’
Compensation insurance benefit payment, may request to use annual leave or
compensatory time off in combination with the paid Workers’ Compensation temporary
disability benefit, in order to provide continuation of the employee’s regular base salary
until such accumulated leave is exhausted or until the employee is no longer temporarily
disabled, whichever occurs first. The use of any portion of accumulated annual leave or
compensatory time in combination with a paid Workers’ Compensation temporary
disability benefit must be requested in writing by the employee prior to its use. Absence
from work for Workers’ Compensation disability leave shall run concurrent with Family
and Medical Care Leave (see Section 13.11 - Family and Medical Care Leave). An
employee is not required to use accumulated annual leave in coordination with receipt of
a paid Workers Compensation benefit. When an employee elects to not use accumulated
leave when receiving a paid Workers’ Compensation benefit, such leave is considered
unpaid leave (also known as leave without pay). All cumulative unpaid leave shall be
deducted when determining eligibility for benefits that are based on cumulative time
worked.
It is strictly prohibited to combine accumulated leave, compensatory time, holiday pay,
and Workers’ Compensation benefits in any manner which would exceed the employee’s
regular base salary. An employee on approved paid Workers’ Compensation leave will
receive holiday pay in the amount of the difference between the benefit they are paid from
Workers’ Compensation insurance and the eligible hours of holiday pay at the employee’s
regular rate of pay.
Section 14.5. Employee Benefits While on Approved Workers’ Compensation
Leave: After the first three work days of City payment of full regular salary, as referenced
in Section 14.4 (Authorized Absence), for an employee on an approved Workers’
Compensation leave, the City will continue to provide employee benefits consistent with,
and not to exceed, the benefits provided for an employee on approved Family and Medical
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Leave, as described in Section 13.11.H (Employee Benefits While on Leave). Any
employee paid insurance benefit contribution, including for any elective insurance benefit
plans, must continue to be paid by the employee through either payroll deduction or a
direct payment to avoid loss of coverage. Employee contribution rates for insurance are
subject to any change in rates that may occur while the employee is on Workers’
Compensation leave. Section 13.11.I (Substitution of Paid Accumulated Leave) is also
applicable for an employee receiving a paid Workers’ Compensation leave benefit.
A probationary employee shall be entitled to the same Workers’ Compensation leave
benefits as a regular employee, except he/she shall not continue to earn eligibility for
consideration towards completion of the probationary period.
Section 14.6. Temporary Modified Work Program: This policy provides
guidelines for the City’s temporary modified work program. The program provides for
temporary modified assignments for employees who suffer from an injury or illness on or
off duty, or have a temporary limiting condition that makes him/her unable to perform
some or all of the usual and customary duties of his/her position on a temporary or short-
term basis. There are no permanent modified light duty positions or assignments in the
City of Moorpark. Temporary modified assignments are provided at the discretion of the
City, and the City has the sole discretion to define and limit modified assignments and
duties at any time.
A. DEFINITIONS:
1. On-the-job injury or illness: Injury or illness which occurs in the course of
the employment.
2. Off-work injury or illness: Injury or illness which occurs during non-work
periods and is non-industrial in origin.
3. Temporary modified work: The temporary restructuring and/or
modifications of work, duties or tasks.
B. PROCEDURES:
Upon request by the employee for temporary modified work or determination by
the City that temporary modified work is available for the employee, the City will
initiate the interactive process with the employee to discuss work restrictions
provided by his/her treating physician, the employee’s anticipated date of return to
full duty, and possible temporary modified work assignments. The City may
request and require additional information from the employee to support the
assignment of temporary modified work, including written documentation from the
employee’s treating physician regarding work restrictions, and the employee’s
anticipated date of return to full duty.
If temporary modified work is unavailable within the employee’s usual department,
the option to assign the employee to other departments may be considered. If
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there is no temporary modified work available to the employee, the employee may
not be assigned to the temporary modified duties program.
The City Manager or his/her designee shall determine whether to approve all
temporary modified work, and such approval must be in writing, prior to the
employee beginning the temporary work assignment. The City Manager or his/her
designee may consult with the employee’s department head, supervisor and/or
any other person he/she believes will provide relevant input regarding the
temporary modified work assignments. Temporary modified work is not permanent
and shall be periodically reviewed and reevaluated by the City Manager or his/her
designee.
Upon the employee’s release to full duty without restrictions and receipt of written
authorization from the City Manager or his/her designee, the employee shall be
returned to his/her regular work unit and resume his/her regular duties.
During the period of temporary modified work, the employee shall be entitled to
accumulate pay and benefits at the same rate of pay and benefit accumulation as
if the employee were working his/her regular duties. If the temporary modified work
assignment is less than full time, the employee’s pay and benefit accumulation
shall be prorated, and the employee’s pay may be supplemented by accumulated
annual leave or workers’ compensation benefits, if applicable.
When medical evidence obtained by the City-approved physician(s) and/or
employee-approved physician(s) indicates with reasonable medical probability that
the injured or ill employee will be incapable of returning to the full duty position, the
City shall continue to engage in the interactive process with the employee as
outlined in Section 13.13 (Interactive Process).
RULE 15. GRIEVANCE PROCEDURES
Section 15.1. Matters Subject to Grievance Procedures: An employee may file
a grievance when there is a dispute regarding the interpretation, meaning, or application
of, or a claimed violation of, a specific provision in a Memorandum of Understanding
(MOU), and certain sections of the Personnel Rules.
A concern is not a grievance unless the affected employee is able to state each of the
following: the date of the alleged violation; the specific provision(s) of the MOU or
Personnel Rules that was allegedly violated; a description of all facts regarding how the
alleged violation occurred; and a list of all persons who are witnesses or are involved.
The grievance procedure does not apply where another grievance or dispute resolution
procedure applies to the dispute, or where it is expressly excluded from application. The
grievance procedure does not apply to the following:
A. Disciplinary and corrective actions, including, but not limited to: verbal
admonishments, written reprimands, restitution, transfer, demotion, reduction in
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salary, suspension, dismissal [see Rule 11 (Pre-Discipline, Discipline and Appeals
Procedures) and Rule 1112, (Transfer, Demotion, Suspension and Reinstatement)
and Rule 12 (Pre-Discipline, Discipline and Appeals Procedures)];
B. An alleged violation of the City’s policy prohibiting harassment, discrimination, and
retaliation; or alleged capricious use of supervisory or management authority [see
Sections 2.6 (Equal Employment Opportunity) and 2.19 20 (Harassment,
Discrimination, and Retaliation)];
C. Alleged violation of commonly accepted safety practices and procedures;
D. Determination of contents of job classifications [see Rule 3 (Classification)];
E. Procedures and standards of selection for employment and promotion [see
Section 6.2 (Promotional Examinations), Rule 7 (Employment Lists and
Appointments), Section 8.2 (Probation on Promotion, Reinstatement or
Reclassification) and Section 8.34 (Extension of Probationary Period)];
F. Budgetary items;
G. Standards of service;
H. The mission of departments;
I. All other matters of general legislative and managerial policy;
J. Performance evaluation contents or rating [see Rule 9 (Employee Performance
Evaluation)];
K. Weighting of performance factors to be evaluated and included in a performance
evaluation report [see Rule 9 (Employee Performance Evaluation)]; and
L. Outside employment [see Rule 2 (General Provisions)].
Section 15.2. Informal Grievance Procedure – Step One: Within five (5) work
days from the date of the incident giving rise to the grievance or from the date the
employee should have been aware of the incident giving rise to the grievance, the
employee must commence the grievance process by informally discussing the matter with
his/her immediate supervisor. Every effort shall be made to resolve a grievance through
this informal discussion between the employee and the employee’s immediate supervisor.
If, after such discussion, the employee does not feel that the grievance has been
satisfactorily resolved, the employee shall have the right to discuss the matter with the
immediate supervisor’s supervisor, if any, within the department organization. The
supervisor shall be responsible for documenting the informal discussion in writing.
Section 15.3. Formal Grievance Procedure – Step Two: If the employee is not
in agreement with the decision rendered in the informal grievance procedure, an
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employee shall have the right to present a formal grievance in writing to the department
head within five (5) work days after the employee and the immediate supervisor have held
their informal discussion. The department head shall review the grievance and meet with
the employee within ten (10) work days of receipt of the grievance. The department head
shall thereafter render a decision in writing and return it to the employee and/or the
employee’s designated representative, with a copy to the City Manager, within ten (10)
work days after meeting with the employee.
Section 15.4. Formal Grievance to the City Manager – Step Three: If the
employee does not agree with the decision reached by the department head, the
employee may present in writing a formal grievance to the City Manager within five (5)
work days after the employee’s receipt of the department head’s decision. The formal
grievance to the City Manager shall be signed and delivered to the City Manager, who
shall meet with the employee and/or the employee’s representative within ten (10) work
days of receipt of the grievance. Within ten (10) work days after the meeting, the City
Manager shall render a formal decision on the grievance in writing. The City Manager
shall deliver a copy of the decision to the employee and/or the employee’s representative
and the department head. The decision of the City Manager shall be final.
Section 15.5. Conduct of Grievance Procedure:
A. The time limits specified above may be extended by mutual written agreement of
the employee and the appellate person in advance of the deadline.
B. The employee may request the assistance of another person of his/her own
choosing in preparing and presenting his/her appeal at any level of review.
Grievance preparation shall be done on the employee’s own time.
C. The employee and his/her representative may use up to a maximum of two hours
of work time in attending the grievance meeting with the City Manager. Such time
may be extended with the written approval of the City Manager.
D. Failure of the employee to comply with the above-described time limits set forth in
the grievance procedures constitutes a settlement and resolution of the grievance
on the basis of the last disposition.
RULE 16. EMPLOYEE REPORTS AND RECORDS
Section 16.1. Personnel File: The Personnel officer shall maintain a personnel
file for each employee in the Competitive Service of the City. The file shall include the
employee’s name, position title, department to which assigned, salary, all information
used to determine the employee’s qualifications for employment, promotion, additional
compensation and disciplinary action and such other information as may be considered
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pertinent by the Personnel officer or required by law. Personnel files are the property of
the City, and access to the files is restricted. Employees have the right to inspect the
contents of their respective personnel files during a scheduled appointment, except that
the employee shall have no right to inspect letters of reference, records obtained prior to
employment, records prepared by identifiable examination committee members or
obtained in connection with a promotional exam, background investigation report, or
records relating to any investigation of possible criminal offense by the employee and/or
other records exempted by the California Labor Code or applicable court rulings.
Section 16.2. Disclosure of Information: An employee or former employee may
authorize the disclosure of information from their file only when written permission is
provided. If a written records request is received from an employee, former employee, or
other requestor, the City will comply with the requirements of state and federal law in
determining what documents in an employee’s Personnel File are disclosable. Nothing
herein shall preclude nor specifically deny the use of any information in personnel files in
any phase of a disciplinary or probationary action.
Section 16.3. Personnel Transactions: Any action concerning an employee’s
status of employment shall be processed on forms as prescribed by the Personnel
Director or Personnel Officer. Each department head shall complete such forms
according to his/her recommendation. Such status shall become effective on the date
specified by the City Manager. All employees shall be notified in writing of any personnel
action taken during their status of employment.
Section 16.4. Notification of Changes: Employees shall notify the Personnel
Director or Personnel Officer of any changes in contact and benefits information, including
changes of mailing address, telephone number, emergency contacts, and number and
names of dependents, within five (5) work days of such change by written notice to the
Human Resources/Risk Management Division.
Section 16.5. Resignation: An employee wishing to leave the Competitive
Service in good standing shall file with the appointing authority a written resignation
stating the effective date and reasons for leaving at least two weeks (eighty work hours)
before termination of employment, including any City holidays prior to the last day of work
but excluding other paid time off and City holidays after the last day of work, unless such
notice period or restriction on use of paid time off is waived in writing by the City Manager
at his or her sole discretion. Resignation in good standing requires the aforementioned
minimum two-week notice period in order to allow an orderly transition of duties and
responsibilities and completion of assignments. Failure to give notice as required by this
rule shall be cause for denying future employment by the City and will disqualify the
employee for reinstatement.
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