HomeMy WebLinkAboutRES 23-7368 (PERSONNEL RULES AND REGULATIONS FOR CIVIL SERVICE EMPLOYEES) Page 1 of 2 #23-7368
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-7368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ADOPTING THE CITY OF HERMOSA BEACH PERSONNEL
RULES AND REGULATIONS FOR CIVIL SERVICE EMPLOYEES AND FINDING
THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, employees of the City of Hermosa Beach, California represented
by the General and Supervisory Employees’ Bargaining Unit California Teamsters
Local 911, Professional and Administrative Employee Group, Hermosa Beach
Police Management Group, Hermosa Beach Police Officers’ Association,
Management Employee Group, and Unrepresented Employee Group, have
elected to meet and confer with the City of Hermosa Beach on the updated
Personnel Rules and Regulations for Civil Service Employees concerning terms and
conditions of employment, Federal and State employment laws, policies, and
practices; and,
WHEREAS, the above bargaining units have selected certain individuals to
represent them; and,
WHEREAS, Employee and City of Hermosa Beach have jointly negotiated
revisions and additions to the City of Hermosa Beach Personnel Rules and
Regulations for Civil Service Employees; and,
WHEREAS, Employee and City of Hermosa Beach have mutually agreed to
recommend that the City Council adopt the updated City of Hermosa Beach
Personnel Rules and Regulations for Civil Service Employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby
incorporated into this Resolution as though fully set forth herein.
SECTION 2. The City Council of the City of Hermosa Beach hereby approves
the City of Hermosa Beach Personnel Rules and Regulations for Civil Service
Employees attached hereto as Exhibit “A” and incorporated by reference; and,
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SECTION 3. This resolution is exempt from review under the California
Environmental Quality Act (“CEQA”) as this resolutions does not constitute a
“project” that requires environmental review pursuant to CEQA Regulations §
15378(b)(4-5)).
SECTION 4. This resolution takes effect immediately and that the City Clerk
shall certify to the passage and adoption of this resolution; shall cause the same
to be entered among the original resolutions of said City; and shall make a minute
of the passage and adoption thereof in the records of the proceedings of the
City Council of said City in the minutes of the meeting at which time same is
passed and adopted.
PASSED, APPROVED and ADOPTED on this 23rd day of May 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
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CITY OF HERMOSA BEACH, CALIFORNIA
PERSONNEL RULES AND REGULATIONS
CIVIL SERVICE EMPLOYEES
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Table of Contents
RULE I GENERAL PROVISIONS .......................................................................................9
A. Purpose ..............................................................................................................9
B. Applicability........................................................................................................9
C. Prior Rules and Regulations Repealed.................................................................9
D. Distribution of Personnel Rules and Related Personnel Policies ..........................9
E. No Contract of Employment ...............................................................................9
F. Conflicting Provisions .........................................................................................9
G. Employee Acceptance of Policies and Revisions to Policies ...............................10
H. Delegation of Appointing and Personnel Authority to City Manager .................10
I. Retention of Personnel Authority as to Certain Personnel ................................10
RULE II CATEGORIES OF EMPLOYEES AND NON-EMPLOYEES .......................................10
A. At-Will Employee ..............................................................................................10
B. Probationary Employee ....................................................................................11
C. Regular Employee.............................................................................................11
D. Full or Part-Time Employee ..............................................................................11
E. Temporary Employee .......................................................................................11
RULE III EQUAL OPPORTUNITY EMPLOYMENT STATEMENT ..........................................12
RULE IV POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION ............12
A. Purpose ............................................................................................................12
B. Covered Individuals and Scope of Policy ...........................................................13
RULE V ANTI-BULLYING POLICY ....................................................................................13
A. Complaint Procedure ........................................................................................13
B. Policy Against Retaliation .................................................................................14
RULE VI ANTI-NEPOTISM PROVISIONS ..........................................................................14
A. Definitions ........................................................................................................14
B. Employment of Relatives ..................................................................................15
C. Employment of Spouses ...................................................................................15
D. Marriage or Domestic Partnership After Employment ......................................15
E. Applicants for Employment ..............................................................................16
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F. Guidelines for Current Employees ....................................................................16
G. Appeal of Decision by Human Resources Department ......................................17
H. Employee Complaints .......................................................................................17
RULE VII NON-FRATERNIZATION POLICY .........................................................................17
A. In General .........................................................................................................17
B. Application .......................................................................................................17
C. Definition of Conflict ........................................................................................18
D. Supervisor’s Duty to Report ..............................................................................18
E. Determination by Human Resources Department .............................................18
F. Resolution of Conflicts ......................................................................................18
G. Prohibited On-Duty Conduct ............................................................................18
H. Employee Complaints .......................................................................................18
RULE VIII REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS ........................19
RULE IX WHISTLEBLOWER PROTECTION .......................................................................19
A. Policy ................................................................................................................19
B. Policy Coverage ................................................................................................20
C. Definitions ........................................................................................................20
D. Complaint Procedure ........................................................................................21
RULE X LIMITATIONS ON OUTSIDE EMPLOYMENT .......................................................21
A. No Outside Employment Without Prior Approval .............................................21
B. Attention to Duties During the Workday ...........................................................21
C. Prohibited Conduct ...........................................................................................22
D. Authorization and Appeal Process ....................................................................22
E. Changes in Outside Employment Status ...........................................................23
F. Revocation / Suspension of Outside Employment Authorization ......................23
G. Use of City Equipment Prohibited .....................................................................23
H. Injured Worker Outside Employment Approval ................................................23
RULE XI LIMITATIONS ON POLITICAL ACTIVITY ...............................................................23
A. No Political Activity on City Property or Work Hours ........................................23
B. No Political Activity in Uniform .........................................................................24
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C. No Photographs of City Employees or Equipment.............................................24
RULE XII CLASSIFICATION ...............................................................................................24
A. Preparation of Plan ...........................................................................................24
B. Adoption, Amendment, and Revisions to Classification Plan .............................24
C. Allocation of Positions ......................................................................................24
D. Class Specifications ...........................................................................................24
E. Reclassifications ...............................................................................................25
RULE XIII METHODS OF FILLING VACANCIES ....................................................................25
A. Requisition .......................................................................................................25
B. Appointments ..................................................................................................25
C. Seniority ...........................................................................................................26
D. Types of Appointments ....................................................................................26
RULE XIV APPLICATIONS AND APPLICANTS ......................................................................29
A. Qualification of Applicants................................................................................29
B. Employment Application Forms ........................................................................29
C. Criminal Conviction History...............................................................................30
D. Background Screening ......................................................................................30
E. Disqualification .................................................................................................31
RULE XV EXAMINATIONS ................................................................................................31
A. Job Announcement ..........................................................................................31
B. Examination Process.........................................................................................32
C. Scoring Examinations and Qualifying Scores .....................................................33
D. Notification of Examination Results and Appeals ..............................................33
E. Promotional Examinations................................................................................33
F. Continuous Examinations .................................................................................33
G. Disability Accommodation ................................................................................33
RULE XVI ELIGIBILITY LISTS ...............................................................................................33
A. Establishment and Certification of Eligibility Lists..............................................33
B. Abolishment of Eligibility List ............................................................................34
C. Removal of Names from Eligibility List ..............................................................34
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RULE XVII OFFERS OF EMPLOYMENT AND HIRING PROCEDURES ......................................34
A. Conditional Offer of Employment .....................................................................34
B. Final Offer of Appointment ...............................................................................35
C. Right to Work in the United States ...................................................................35
D. Driver License and Driving Record ....................................................................35
E. Employment Oath ............................................................................................36
F. Anniversary Date ..............................................................................................36
RULE XVIII PROBATIONARY PERIOD ...................................................................................36
A. Objective ..........................................................................................................36
B. Duration and Applicability ................................................................................36
C. Evaluations for Probationary Employees ...........................................................36
D. Release from Probation ....................................................................................37
E. Promotional Probationary Period .....................................................................37
RULE XIX DRUG AND ALCOHOL-FREE WORKPLACE ..........................................................37
A. Purpose ............................................................................................................37
B. Covered Individuals and Scope of Policy ...........................................................37
RULE XXI WORKPLACE SAFETY .........................................................................................38
A. Commitment to Workplace Safety ....................................................................38
B. Injury and Illness Prevention Program ..............................................................38
C. Unsafe Conditions ............................................................................................38
D. Industrial Injury and Illness ...............................................................................38
E. Workplace Violence Prevention ........................................................................39
RULE XXII WORKPLACE RULES ..........................................................................................40
A. Personal Appearance ........................................................................................40
B. Use of City Property and Equipment .................................................................42
C. Electronic Communication Systems ..................................................................42
D. Workspace .......................................................................................................42
E. No Smoking ......................................................................................................43
RULE XXIII DISASTER AND EMERGENCY SERVICES WORKERS .............................................43
A. All Employees Designated as Disaster Workers .................................................43
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B. Declaration of Disaster or Emergency ...............................................................43
C. Employee Responsibilities ................................................................................43
D. Disaster Duties .................................................................................................44
E. Employees Physically Unable to Report to Work ...............................................44
F. Timekeeping Requirements ..............................................................................45
G. Failure to Report to Work During a Disaster .....................................................45
RULE XXIV COMPENSATION AND PAYROLL PRACTICES ......................................................45
A. Work Schedules and Work Week ......................................................................45
B. Hours Worked and Overtime ............................................................................47
C. Paychecks .........................................................................................................52
RULE XXV ATTENDANCE AND LEAVES ...............................................................................52
A. Attendance .......................................................................................................52
B. Scheduling Leaves of Absence ..........................................................................52
C. Vacation ...........................................................................................................53
D. Sick Leave .........................................................................................................53
E. Administrative Leave ........................................................................................56
F. Fitness for Duty Leave ......................................................................................56
G. Bereavement Leave ..........................................................................................57
H. Military Leave ...................................................................................................58
I. Jury Duty ..........................................................................................................58
J. Other Court or Administrative Proceeding Appearances ..................................58
K. Voting Leave .....................................................................................................60
L. Leave Because of Pregnancy, Childbirth, or Related Medical Condition (PDL) ...61
M. Family Medical and Care Leave (FMLA/CFRA) ...................................................61
N. Work-related Injury/Illness Leave .....................................................................61
O. School-Related Leave .......................................................................................62
RULE XXVI LEAVE DONATION POLICY .................................................................................63
A. Purpose ............................................................................................................63
B. Policy ................................................................................................................63
C. Long-Term and Short-Term Disability Payments .................................................64
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RULE XXVII HOLIDAYS .........................................................................................................65
A. Holidays Observed ............................................................................................65
B. Guidelines for Determining Date of Observation ..............................................66
C. Change to Schedule or Observance of Holidays ................................................66
D. Compensation for Holidays...............................................................................66
E. Effect of Holiday on Vacation Leave ..................................................................66
F. Holiday Flex Time .............................................................................................66
RULE XXVIII PERFORMANCE EVALUATIONS.........................................................................67
A. Purpose ............................................................................................................67
B. Timeframe for Evaluations ................................................................................67
C. Evaluation Process ............................................................................................67
D. Confidentiality ..................................................................................................68
RULE XXIX RECORDS AND REPORTS ...................................................................................68
A. Personnel Files .................................................................................................68
B. References .......................................................................................................70
RULE XXX DISCIPLINE ........................................................................................................70
A. Prohibited Conduct ..........................................................................................70
B. Grounds for Disciplinary Action ........................................................................71
C. Types of Reprimands and Discipline ...................................................................73
D. Authority to Discipline ......................................................................................74
E. Due Process ......................................................................................................75
F. Appeal of Disciplinary Action ............................................................................77
RULE XXXI GRIEVANCES .....................................................................................................80
A. Purpose and Applicability of Grievance Procedure ............................................80
B. Definitions ........................................................................................................81
C. Grievance Procedure ........................................................................................81
D. Time Limits .......................................................................................................82
E. General Provisions ............................................................................................82
RULE XXXII LAYOFF POLICY ................................................................................................83
A. Abolishment of Position....................................................................................83
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B. Written Notice of Layoff ...................................................................................83
C. Order of Layoff .................................................................................................83
D. Vacancy and Demotion .....................................................................................84
E. Specially Funded Positions ................................................................................84
F. Reemployment .................................................................................................84
RULE XXXIII SEPARATION FROM CITY SERVICE AND REEMPLOYMENT..................................85
A. In General .........................................................................................................85
B. Types of Separation ..........................................................................................85
C. Probationary Release .......................................................................................85
D. Release of Temporary Employee ......................................................................86
E. Resignation ......................................................................................................86
F. Retirement .......................................................................................................86
G. Abandonment of Position .................................................................................86
H. Layoff ...............................................................................................................86
I. Non-disciplinary Separation ..............................................................................86
J. Disciplinary Termination ...................................................................................87
K. Death of the Employee .....................................................................................87
EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL RULES .......................................88
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RULE I GENERAL PROVISIONS
A. Purpose
These Personnel Rules (“Rules”) are adopted by the City Council of the City of Hermosa Beach
(“City”) to implement and establish a uniform system of personnel administration for the City.
B. Applicability
These Rules apply to all categories of employees of the City unless a specific section or provision
excludes them. Independent contractors, volunteers, City Council members and appointed
members of commissions and board are not employees, unless otherwise noted.
C. Prior Rules and Regulations Repealed
These Rules supersede any and all prior personnel rules and regulations but do not affect related
personnel policies.
D. Distribution of Personnel Rules and Related Personnel Policies
A copy of these Rules will be distributed to each City employee along with copies of related
personnel policies. Newly hired employees will receive a copy upon hire. In addition, these Rules
will be maintained electronically on the City’s intranet system. An employee with questions about
these Rules may contact Human Resources.
E. No Contract of Employment
These Rules do not create any contract of employment, express or implied, or any rights in the
nature of a contract. The City retains the full discretion to modify these Rules at any time in
accordance with law, subject to the City’s meet and confer obligations
F. Conflicting Provisions
In the event of conflict between any provisions of these Rules and any provisions of a valid
Memorandum of Understanding (“MOU”) between the City and a recognized employee
organization, employment contract, City ordinance, or state or federal law, the terms and
conditions of that MOU, contract, ordinance, or law will prevail. In all other cases, these Rules will
apply.
The City Manager or individual Department Heads may develop and administer supplemental
written department policies and procedures as deemed necessary for the efficient, safe, and
orderly administration of the City or department , subject to the City’s meet and confer obligations.
However, no such policies or procedures will conflict with or supersede these Rules, or other City
Council resolutions and ordinances or existing laws, and any such policies must be submitted for
and receive written approval by the City Manager before implementation. Copies of departmental
policies and procedures must be distributed to each employee in the affected department with a
copy maintained by Human Resources. In the event of an apparent conflict with departmental
policy, an employee should discuss any concerns directly with their supervisor.
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G. Employee Acceptance of Policies and Revisions to Policies
Employees are expected to read these Rules, and to know and understand the contents of the
Rules. Employees may request necessary clarification of these Rules. Employees should sign a
statement of receipt acknowledging that: a) they have received a copy, or have been provided
access to the Rules; and b) understand that they are responsible to read and become familiar with
the contents and any revisions to the Rules. This will provide the City with a record that each
employee has received these Rules.
H. Delegation of Appointing and Personnel Authority to City Manager
The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities, and perform other personnel actions as to all subordinate employees in
accordance with all federal and state laws and regulations and these Rules. The City Manager may
delegate responsibility to the Human Resources Manager to perform personnel actions in
accordance with these Rules.
I. Retention of Personnel Authority as to Certain Personnel
The City Council retains authority over all personnel actions as authorized by law and these Rules
as to employees who report directly to the Council.
RULE II CATEGORIES OF EMPLOYEES AND NON-EMPLOYEES
A. At-Will Employee
An at-will employee is one who serves at the pleasure of the appointing authority, has no property
right in continued employment, and has no right to any pre- or post-disciplinary procedural due
process or evidentiary appeal. At-will employees include any of the following:
1. City Manager
2. Deputy City Manager
3. Department Heads
4. Employees whose positions are fully funded under a state or federal employment
program
5. Temporary employees
6. Probationary employees
7. Part-time employees
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B. Probationary Employee
A probationary employee is one who is serving a probationary period at either: the outset of initial
employment with the City or at the outset of a promotion to a higher classification. A probationary
period is a working test period during which an employee is required to demonstrate their ability
to perform the duties of the position.
1. Probationary Period Upon Initial Employment: During the initial probationary period, a
probationary employee serves at the pleasure of the appointing authority, has no
property right in continued employment, and has no right to any pre- or post-disciplinary
procedural due process or evidentiary appeal. A probationary employee serving in the
initial probationary period is an at-will employee.
2. Probationary Period Upon Promotion: An employee serving a promotional probationary
period has no right to any pre- or post-disciplinary procedural due process or evidentiary
appeal if released while on probation. An employee promoted to a position with a higher
salary step than their original appointment shall be deemed a new probationary
employee and will commence their probation period on the effective date of the
promotion. Any employee rejected during the probationary period following a
promotional appointment will be reinstated to the position from which they were
promoted unless they have resigned, been discharged for cause, or suspended without
pay.
C. Regular Employee
A regular employee is one who has satisfactorily completed the initial probationary period and
cannot be disciplined except when the City has cause to do so. A regular employee has a property
right in continued employment, and has the right to pre- and post-disciplinary procedural due
process and an evidentiary appeal for certain types of disciplinary actions that result in a
significant deprivation of property, except release during probationary period.
D. Full or Part-Time Employee
A full time employee is one whose position is budgeted to work at least 40 hours per week. Full-
time employees receive all benefits provided in these Rules, unless otherwise provided in an
MOU, or an employment agreement approved by the City Council. A part-time employee is one
whose position is budgeted to work less than 40 hours per week. Part-time employees may have
different rights to leave and other benefits under the law or these Rules, depending on the
number of hours they work.
E. Temporary Employee
A temporary employee is an at-will employee who is appointed other than from an eligible list for
a short term or seasonal basis, not to exceed six months. A temporary employee serves at-will
and at the pleasure of the appointing authority, has no property right in continued employment,
and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal. A
temporary employee does not accrue seniority, sick leave or vacation and is not eligible for
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employment benefits.
RULE III EQUAL OPPORTUNITY EMPLOYMENT STATEMENT
The City is an Equal Opportunity Employer that does not discriminate on the basis of race (including, but
not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religious creed
(including religious dress and religious grooming practices), national origin, ancestry, citizenship status,
age (40 years and older), sex (including pregnancy, perceived pregnancy, childbirth, breastfeeding, or
related medical conditions), gender, gender identity and expression (including transgender identity and
expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning (or is perceived to be transitioning), sexual orientation, sex stereotyping, marital status,
domestic partner status, military service and veteran status, physical and/or mental disability (including
HIV and AIDS), legally protected medical condition or information (including genetic information,)
protected medical leaves (requesting or approved), status as a victim or status as a victim of domestic
violence, sexual assault, or stalking, enrollment in a public assistance program, or any other basis
protected by local, state, or federal laws. Any such discrimination is unlawful and all persons involved in
the operations of the City are prohibited from engaging in this type of conduct.
The City is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer,
training, compensation, benefits, employee activities, access to facilities and programs, and general
treatment during employment.
The City prohibits sexual harassment and the discrimination and/or harassment of any individual on any
of the protected classifications listed above. The City also prohibits retaliation against a person who
reports or assists in reporting suspected violations of this policy, cooperates in investigations or
proceedings arising from a violation of this Policy, or engages in other activities protected under this
policy.
Individuals who believe that they have experienced any form of employment discrimination or who have
concerns about equal employment opportunities in the workplace are encouraged to report their
concerns immediately using the complaint procedure provided in the City’s policy prohibiting harassment,
discrimination, and retaliation, or by contacting the U.S. Equal Employment Opportunity Commission, or
the California Department of Fair Employment and Housing. California law and the City also prohibit
retaliation against any employee for making a good faith complaint of discrimination or for cooperating,
assisting, testifying, or participating in any of the discrimination complaint procedures in the City’s
separate policy prohibiting harassment, discrimination, and retaliation.
RULE IV POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION
A. Purpose
The City has a strong commitment to prohibiting and preventing discrimination, harassment, and
retaliation in the workplace. The City has zero tolerance for any conduct that violates this Policy.
Conduct need not rise to the level of a violation of state or federal law to violate this Policy.
Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate
sanctions. This Policy establishes a complaint procedure for investigating and resolving internal
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complaints of discrimination, harassment, and retaliation. The City encourages all covered
individuals to report any conduct they believe violates this Policy as soon as possible. Any
retaliation against an employee because they filed or supported a complaint or because they
participated in the complaint resolution process is prohibited. Individuals found to have retaliated
in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and
including termination.
B. Covered Individuals and Scope of Policy
The City maintains a separate Policy against Harassment, Discrimination, and Retaliation and
Complaint Procedure.
The individuals covered by this Policy are: applicants, employees regardless of rank or title,
elected or appointed officials, interns, volunteers, and contractors. This Policy applies to all terms
and conditions of employment, internships, and volunteer opportunities, including, but not
limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer,
leave of absence, compensation, and training.
RULE V ANTI-BULLYING POLICY
The City is committed to providing a professional and respectful work environment. In addition to
prohibiting all forms of discrimination, harassment, and retaliation, the City also prohibits any form of
“intimidation or bullying” in the workplace or elsewhere, such as at offsite events.
Employees and other individuals, such as temporary agency workers, consultants, independent
contractors, and visitors, have the right to be treated with respect. Bullying is abusive conduct that a
reasonable person would find hostile, offensive, and unrelated to the City’s legitimate business interests.
It may include repeated infliction of verbal abuse, such as use of derogatory remarks, insults, and epithets,
verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating,
or the gratuitous sabotage or undermining of a person’s work performance.
Bullying comes in many shapes and sizes and can take many forms including, but not limited to, excluding,
tormenting, taunting, abusive comments, using threatening gestures; pushing, shoving, punching,
unwanted physical contact, or any use of violence; graffiti; name-calling, sarcasm, spreading rumors,
teasing. Such conduct can also occur via use of electronic or telephonic communications such as the
internet and by mobile threats by text messaging, or calls or misuse of cameras and video equipment.
A. Complaint Procedure
The City will not tolerate bullying in any form. Any individual who believes that they are being
bullied or has been subjected to any form of bullying should immediately report this to their
supervisor, department head, or to the Human Resources Manager. In addition, any person who
believes they have witnessed bullying and any person who has received a report of such conduct,
whether the perpetrator is an employee or a non-employee, shall immediately report the conduct
to their supervisor or other appropriate person in the chain of command.
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Any employee who is reported to be a perpetrator will be provided due process before any
disciplinary action is taken. Individuals who violate this bullying policy are subject to disciplinary
action, up to and including termination.
B. Policy Against Retaliation
No employee will be subjected to any form of retaliation for reporting an incident of bullying or
participating in an investigation by the City or its representatives into allegations of bullying.
Additionally, all employees have a duty to cooperate in connection with any investigation being
conducted.
RULE VI ANTI-NEPOTISM PROVISIONS
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to
avoid conflicts of interest and to promote safety, security, supervision, and morale.
A. Definitions
1. Applicant. A person who applies for a position at the City and is not a Current Employee.
2. Change of Status. A change in the legal status or personnel status of one or more current
employees.
a. Changes in legal status include, but are not limited, to marriage, divorce,
separation, or any such change through which a current employee becomes a
relative or spouse of another current employee or ceases to be a relative or
spouse of another current employee.
b. Changes in personnel status include, but are not limited to, promotion,
demotion, transfer, resignation, retirement, or termination of a current
employee who is a relative or spouse of another current employee.
3. Current Employee. A person who is presently a City employee, or an elected or
appointed City official.
4. Relative. A child, step-child, parent, grandparent, grandchild, brother, sister, half-
brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by
marriage or domestic partnership.
5. Spouse. One of two persons to a marriage, or two people who are registered domestic
partners, as those terms are defined by California law.
6. Supervisory Relationship. A relationship in which one employee exercises the right or
responsibility to control, direct, reward, or discipline another by virtue of the duties and
responsibilities assigned to their City appointment.
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B. Employment of Relatives
The City will not appoint, promote, or transfer a person to a position within the same department,
division, or facility in which the person’s relative already holds a position, if any of the following
would result:
1. A direct supervisory relationship between the relatives;
2. A potential for creating an adverse impact on supervision, safety, security, or efficiency.
C. Employment of Spouses
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:
1. One spouse or domestic partner being under the direct supervision of the other spouse
or domestic partner.
2. Potential conflicts of interest or safety hazards for married persons or those in domestic
partnership which are greater than for those who are not married or in domestic
partnerships.
D. Marriage or Domestic Partnership After Employment
1. Transfer
If two City employees who work in the same department later become spouses or
domestic partners, the Human Resources Manager has discretion to transfer one of the
employees to a similar position in another department or to a similar position in the same
department, but different division/work unit. Although the wishes of the two employees
will be considered, the Human Resources Manager retains sole discretion to determine
which employee will be transferred based upon City needs for supervision, safety, or
security. Any such transfer that results in a salary reduction is not disciplinary and is not
subject to a pre- or post-disciplinary appeal due process, but is subject to the Grievance
Policy outlined in Rule XXXI.
2. Separation
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
Human Resources Manager finds to be consistent with the City’s interest in the promotion
of supervision, safety, or security, then the Human Resources 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 transfer that results
in a salary reduction is not disciplinary and is not subject to a pre- or post-disciplinary
appeal due process, but is subject to the Grievance Policy outlined in Rule XXXI.
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E. Applicants for Employment
1. Right to Apply. No qualified applicant may be denied the right to submit an application
for employment and compete in the examination process. However, consistent with this
Section, the City may reasonably regulate, condition, or prohibit the employment of an
applicant for any position.
2. Disclosure of Relationship. Each applicant is required to disclose the identity of any
relative or spouse who is a current employee.
3. Review by Human Resources Department. For each applicant who has a relative or
spouse who is a current employee, the Human Resources Department will assess and
issue a written decision as to whether any of the following circumstances exist:
a. Business reasons of supervision, safety, or security warrant the City’s refusal to
place the applicant in a supervisory relationship with the relative or spouse; or
b. Business reasons of supervisionor security, that involve potential conflicts of
interest or other hazards that are greater for a Relative or Spouse than for other
employees, which warrant the City’s refusal to permit employment of a relative
or spouse in the same department, division, or facility.
4. Effect of Decision of the Human Resources Department
a. If the Human Resources Department determines that either of the above
circumstances exists, the Human Resources Department may either reject the
applicant or consider the applicant for employment in a position that does not
present either of the above circumstances.
b. Following examination, if the applicant is successfully certified as eligible
pursuant to Rule XV: Examinations, they may be employed in a position for
which the Human Resources Department has determined that neither
circumstance exists pursuant to Section E.3 of this Rule.
c. When an eligible applicant is refused appointment by virtue of this Rule, their
name will remain on the eligibility list for openings in the same classification. For
each opening, the Human Resources Department will make a determination
consistent with Section E.3 of this Rule.
F. Guidelines for Current Employees
1. Duty to Report. Employees must report a Change of Status to the Human Resources
Department within a reasonable time after the effective date of the Change of Status.
Wherever feasible, Employees must report a Change of Status in advance of the
effective date.
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2. Review and Decision by the Human Resources Department
a. The Human Resources Department will undertake a case-by-case consideration
and individualized assessment of the particular work situation to determine
whether the Change of Status creates an adverse impact on supervision, safety,
or security.
b. The Human Resources Department will consult with an affected Department
Head to make a good faith effort to regulate, transfer, condition, or assign duties
in such a way as to minimize problems of supervision, safety, or security.
c. Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that there is an adverse impact on supervision, safety,
security, or cannot be sufficiently minimized and to take further action.
d. The Human Resources Department will issue a written decision within 30
business days from receipt of notice of a Change of Status.
G. Appeal of Decision by Human Resources Department
1. Current employees affected by the application of this Rule may appeal the action to the
City Manager within ten (10) business days of receipt of the Human Resources
Department’s decision.
2. The City Manager will hear the individual’s concerns and issue a written decision within
30 business days of the receipt of the individual’s appeal. The decision of the City
Manager may be appealed under the Grievance Policy, Rule XXXI.
H. Employee Complaints
Employees who believe that they have been adversely affected by a violation of this Policy by a
relative or spouse should submit complaints to their Department Head or to the Human
Resources Department.
RULE VII NON-FRATERNIZATION POLICY
A. In General
Consensual romantic or sexual relationships between City employees can lead to
misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible
claims of sexual harassment during or after termination of the relationship. As a result, such
relationships present existing or potential conflicts that adversely affect efficient operation of
the City. Relationships that present an actual conflict under this Rule are therefore prohibited.
B. Application
This Rule applies to all City employees, regardless of gender or sexual orientation, who have a
romantic or sexual relationship with another City employee. The provisions of Rule VI: Anti-
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Nepotism Policy will govern employees who are relatives or a spouse of another City employee.
C. Definition of Conflict
For purposes of this section, a conflict exists if supervision, safety, or security would be impacted
by a romantic or sexual relationship between two employees.
D. Supervisor’s Duty to Report
If a romantic or sexual relationship exists between a supervisor and a subordinate or another
supervisor in the same department, the supervisor must promptly disclose the relationship to
the Human Resources Manager and request a determination as to whether the relationship
presents a conflict. The disclosure must identify the names and positions of both employees.
E. Determination by Human Resources Department
Within ten (10) working days, the Human Resources Manager will issue a written determination
as to whether the relationship presents a conflict, and is thereby prohibited. The Human
Resources Manager, in consultation with the City Manager, will have exclusive discretion in
making the determination.
F. Resolution of Conflicts
Subject to any limitations imposed by these Rules, the Human Resources Manager will attempt
in good faith to work with the employees to consider options to eliminate the conflict, including
removing the supervisory authority that contributed to the conflict, reassignment, transfer, or
voluntary demotion of a supervisory employee, or termination when the Human Resources
Manager determines that modification of a supervisor’s assignment is not feasible. The Human
Resources Manager retains discretion to determine that the conflict may be resolved via
voluntary resignation or termination. If the decision results in an employee being released from
employment or being reassigned to a position earning less salary, the decision of the City
Manager may be appealed under the Grievance Policy, Rule XXXI.
G. Prohibited On-Duty Conduct
All City employees are prohibited from engaging in intimate, physical, or other conduct in
furtherance of a romantic or sexual relationship with another City employee at work locations
or during work hours. Moreover, upon termination of a sexual or romantic relationship with
another City employee, employees are prohibited from engaging in behavior that adversely
affects the working conditions of such City employee or any other City employee. In general, all
employees are expected to observe appropriate standards of workplace conduct in their
interactions with other City employees.
H. Employee Complaints
Employees who believe that they have been adversely affected by romantic or sexual
relationships between City employees should follow the complaint procedures provided under
the Policy Against Harassment, Discrimination, and Retaliation. The complaint procedures are
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available to all employees regardless of their past or present participation in a romantic or sexual
relationship with another City employee.
RULE VIII REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS
The City maintains a separate Policy on Reasonable Accommodations and the Interactive Process. Absent
undue hardship or direct threats to the health and safety of employee(s), the City provides employment-
related reasonable accommodations to:
1. Qualified individuals with disabilities, both applicants and employees, to enable them to
perform essential job functions;
2. 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;
3. Employee victims of domestic violence, sexual assault, or stalking to promote the safety
of the employee victim while at work;
4. Employees who request reasonable accommodation to address a conflict between
religious belief or observance and any employment requirement.
RULE IX WHISTLEBLOWER PROTECTION
A. Policy
The City prohibits all of the following:
1. Taking any retaliatory adverse employment action against an employee because the
employee has or is believed to have disclosed information to any government or law
enforcement agency, including to the City, if the employee has reasonable cause to
believe that the information discloses a violation of state or federal law, or a violation or
noncompliance with a local, state, or federal rule or regulation;
2. Preventing an employee from disclosing information to a government agency, including
to the City, if the employee has reasonable cause to believe that the information discloses
a violation of state or federal law, or a violation or noncompliance with a local, state, or
federal rule or regulation;
3. Retaliating against an employee for refusing to participate in any activity that would result
in a violation of state or federal law, or a violation or noncompliance with a local, state,
or federal rule or regulation; and
4. Retaliating against an employee because the employee’s family member has, or is
perceived to have, engaged in any of the protected activities listed in (a)-(c) above.
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B. Policy Coverage
This Policy governs and protects City employees.
C. Definitions
1. “Protected activity” includes any of the following:
a. Filing a complaint with a federal or state enforcement or administrative agency
that discloses any information that the employee has reasonable cause to believe
violates state or federal law or a violation or noncompliance with a local, state, or
federal rule or regulation.
b. Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation into alleged unlawful
activity.
c. Testifying in good faith and with reasonable cause as a party, witness, or accused
regarding alleged unlawful activity.
d. Associating with another covered individual who is engaged in any of the
protected activities enumerated here.
e. Making or filing in good faith and with reasonable cause an internal complaint
with the City regarding alleged unlawful activity.
f. Providing informal notice to the City regarding alleged unlawful activity.
g. Calling a governmental agency’s “Whistleblower Hotline” in good faith.
h. Filing a written complaint under penalty of perjury that the City has engaged in
gross mismanagement, a significant waste of public funds, or a substantial and
specific danger to public health or safety.
i. Refusing to participate in any activity that the employee reasonably believes
would result in a violation of state or federal law, or a violation or noncompliance
with a local, state, or federal rule or regulation.
2. “Adverse action” may include, but is not limited to, any of the following:
a. Real or implied threats of intimidation to attempt to prevent an individual from
reporting alleged wrongdoing or because of actual or potential protected activity.
b. Refusing to hire an individual because of actual or potential protected activity.
c. Denying promotion to an individual because of actual or potential protected
activity.
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d. Taking any form of disciplinary action because of actual or potential protected
activity.
e. Extending a probationary period because of actual or potential protected activity.
f. Altering work schedules or work assignments because of actual or potential
protected activity.
g. Condoning hostility and criticism of co-workers and third parties because of
actual or protected activity.
h. Spreading rumors about a person because of that person’s actual or perceived
protected activity.
i. Shunning or unreasonably avoiding a person because of that person’s actual or
perceived protected activity.
D. Complaint Procedure
An employee who feels they have been retaliated against in violation of this Policy should
immediately report the conduct according to the complaint procedure in the City’s Policy Against
Discrimination, Harassment or Retaliation so that the complaint can be resolved fairly and quickly.
Supervisors and Managers have the same responsibilities as defined in the Policy Against
Discrimination, Harassment or Retaliation.
RULE X LIMITATIONS ON OUTSIDE EMPLOYMENT
A. No Outside Employment Without Prior Approval
In accordance with Government Code Section 1126, no employee may engage in any outside
employment, enterprise, or activity that is inconsistent, incompatible, in conflict with, or adverse
to their employment or ability to perform their duties and responsibilities, including performance
of overtime work and emergency duties, or any other aspect of City operations. Employees are
required to notify their Department Head in writing of all outside employment in which they are
engaged or in which they intend to engage, so that the City may assess whether such outside
employment conflicts with the employee’s City employment.
B. Attention to Duties During the Workday
During the workday, employees are expected to devote their full time to the performance of
their assigned duties. Any approved outside work, part-time job, hobbies, or personal business
must be performed during off duty hours. Off duty hours include unpaid lunch break periods,
but do not include other rest or break periods during which the employee continues to receive
pay.
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C. Prohibited Conduct
An employee’s outside employment, enterprise, or activity will be prohibited when any of the
following are present:
1. It involves the 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 would be required or expected to render in the regular course or hours of their
City employment or as part of their duties as a City employee;
2. It involves the use for private gain or advantage of their City time, facilities, equipment,
and/or supplies; or the badge, uniform, prestige, or influence of their City employment;
3. It involves the performance of an act, in other than their capacity as a City employee,
which may later be subject directly or indirectly to the control, inspection, review, audit,
or enforcement of any other officer or employee of the City; or
4. It involves time or scheduling demands that would interfere with the performance of
their duties as a City employee..
D. Authorization and Appeal Process
1. Written Request
Any employee who wants to undertake a paid outside employment, activity, or
enterprise must submit a written request to their 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.
2. Department Head Determination
The Department Head will determine if the outside employment, activity, or enterprise is
compatible with the employee’s employment at the City. If the Department Head
determines such activity is compatible, or would be if any conditions or restrictions applied,
they 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.
3. Appeal of Department Head’s Determination
a. An employee may appeal the Department Head’s determination to the Human
Resources Department within 14 days from the employee’s receipt of the
Department Head’s determination by filing a written appeal with the Human
Resources Department.
b. The employee must specify the grounds on which they challenge the
Department Head’s determination, and must attach all relevant documentary
evidence to the appeal. The Human Resources Department must schedule a
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meeting with the employee and the Department Head to discuss the
Department Head’s determination.
c. The Human Resources Department will issue a written decision to the employee
and the Department Head within 14 days from the date of the meeting.
d. The decision of the Human Resources Department may be appealed to the City
Manager.
E. Changes in Outside Employment Status
The employee must promptly report in writing to the Department Head any of the following
changes that may occur: the employee changes assignment, position or department; the outside employment ends; or the authorized employment changes as to the number of work hours,
location, or types of duties.
F. Revocation / Suspension of Outside Employment Authorization
Any outside employment authorization may be revoked or suspended during the year it is granted
under the circumstances listed below. An employee may appeal the revocation or suspension as
provided in this Policy.
1. The employee’s work performance declines; or
2. An employee’s conduct or outside employment conflicts with the conditions of the
outside work authorization or is incompatible with the employee’s work for the City.
G. Use of City Equipment Prohibited
Under no circumstances may an employee use any City equipment, vehicles, tools, supplies,
machines, or any other item that is City property while an employee is engaged in any outside
employment, activity, or enterprise.
H. Injured Worker Outside Employment Approval
An employee who is off work due to an injury or illness, either work-related or not work-related,
must receive written approval from the Human Resources Department to continue to engage in
outside employment to ensure that the outside employment does not interfere with the
employee’s recovery.
RULE XI LIMITATIONS ON POLITICAL ACTIVITY
A. No Political Activity on City Property or Work Hours
City employees are prohibited from engaging in political activity during working hours or on City
property.
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B. No Political Activity in Uniform
No City employee shall participate in political activities of any kind while in City uniform or other
City-issued clothing.
C. No Photographs of City Employees or Equipment
No City employees can be included in photographs with candidates for campaign purposes either
in uniform, with City equipment, or while engaged in work.
RULE XII CLASSIFICATION
A. Preparation of Plan
1. The City Manager is responsible for preparing and maintaining a classification plan of all
classes and positions within the City, including class specifications or job descriptions for
each class, that is consistent with the staffing levels authorized by the City Council.
2. The classification plan will not include persons working as independent contractors,
positions that are at-will, or elected/appointed officials.
B. Adoption, Amendment, and Revisions to Classification Plan
The classification plan will be adopted by resolution of the City Council and may be revised from
time to time by resolution of the City Council as changing conditions require. The revisions may
consist of the addition, abolishment, consolidation, division, or amendment of existing classes.
A new position may not be created and filled until the revision adding the position to the
classification plan has been approved by the City Council.
C. Allocation of Positions
Following the adoption of the classification plan, the City Manager will allocate every position in
the Competitive Service to one of the classes established by the plan.
D. Class Specifications
1. The classification plan will consist of classifications of employees defined by
classification specifications, including title, description of typical duties, and
responsibilities of each classification, and a statement of the desirable training,
experience, and other qualifications of applicants for positions in each classification. The
classification plan will be developed and maintained so that all positions substantially
similar with respect to duties, authority, and character of work are included within the
same classification.
2. The Civil Service Board will approve the complete classification specification subject to
meet and confer as needed; however, immaterial and non-substantive modifications
may be warranted and approved administratively by the Human Resources Manager.
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3. Class Specifications are available electronically and are also available upon request to
Human Resources.
E. Reclassifications
1. When the assigned duties of a position have been materially changed by the City so as
to necessitate reclassification, the affected employees(s) will be allocated by the City
Manager to a more appropriate class, whether new or already created. Reclassifications
may not be used for the purpose of avoiding restrictions concerning demotions and
promotions, or to effect a change in salary in the absence of a significant change in
assigned duties and responsibilities.
2. If employees believe they are performing work outside the scope of the classification
description covering their position, they should report the information, in writing, to
their immediate supervisor, who will work with the Department Head and Human
Resources Department to further evaluate the position.
RULE XIII METHODS OF FILLING VACANCIES
A. Requisition
1. Whenever a vacant position is to be filled, the Department Head will complete a
“Personnel Requisition Form” or other equivalent form approved by Human Resources
and forward it to the Human Resources Department for processing. Once the form has
been returned to the requesting department, a recruitment to fill the position will begin
as outlined below.
2. In the event there is no eligible list of such vacancy, the Human Resources Manager shall
cause to be conducted an examination for applicants to fill said vacancy.
3. The Human Resources Manager shall have prepared and promulgated, prior to the
examination, official bulletins announcing such examinations. The Human Resources
Manager shall specifically assure that the bulletin is made reasonably accessible to
incumbent City employees. In addition to official bulletins, the Human Resources
Manager shall use such normal advertising techniques as may be appropriate to the
particular examination.
B. Appointments
1. The City Manager will make all appointments except for any position that reports to the
governing body. The Human Resources Manager has discretion to decide in what
manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion,
transfer, demotion, appointment of temporary employees, or from an appropriate
eligibility list, if available, as certified by the Human Resources Manager. The order of
preference for the lists shall be layoff, promotional and open competitive. The City
Council will appoint the City Manager.
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2. All vacancies will be filled by transfer, demotion, reemployment, reinstatement, or from
candidates certified on an appropriate eligibility list, if available. In the absence of persons
eligible for appointment in these ways, provisional or acting appointments may be made
in accordance with these Rules. No person shall be appointed to any position included in
the classification plan unless they possess the minimum qualifications prescribed for that
class.
3. Appointments to a vacant position may be made from the top eight (8) candidates on a
certified Eligibility List.
4. Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job-related medical and/or
psychological examination. Such examination shall only be required after a conditional
offer of employment has been made.
5. The person accepting appointment shall report to the Human Resources Manager or
designee on the date designated by the Human Resources Manager. Otherwise, the
applicant shall be deemed to have declined the appointment.
C. Seniority
1. Seniority or benefit date begins on the date of employment, and accumulates
continuously, less unprotected, unpaid leaves of absence, layoff, suspensions and other
similar adjustments in accordance with these Rules.
D. Types of Appointments
1. Initial Appointment
Selection of new employees to fill vacancies within the Competitive Service shall be on
the basis of competitive examinations as stipulated in these Rules.
2. Promotion
a. All non-entry level vacancies in the Competitive Service are filled by promotion
when practical and consistent with the interests of the City, as determined at
the sole discretion of the City Manager. When a vacancy arises, an exam will be
given and a promotional list established. All qualified employees may apply.
b. If determined to be in the best interests of the City by the City Manager, non-
entry level vacancies may instead be filled by open-competitive exam and
certification of an open-competitive employment list by the Human Resources
Department in accordance with Rule XV: Examinations.
c. In the case of a promotion of any employee in City service to a position with a
higher pay range, such employee shall be entitled to receive the rate of
compensation in the entrance step of the class to which they have been
promoted. In cases where the pay range overlaps, promotion shall be effected
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at the step in the range of the new class which is next higher that the
employee’s current salary or in accordance with the applicable MOU. A new
anniversary date shall be established for future step increases.
3. Transfer
a. City-initiated Transfer. The City Manager has the right to transfer employees as
may be required by business conditions or other factors. An employee may be
transferred by the City Manager at any time from one position to another
position in the same or a comparable class. Comparable class is one with the
same minimum qualifications for that position, the same maximum salary involving the performance of similar duties, and requiring basically the same
qualifications. The employee's current salary and anniversary date are
retained.
b. Employee-Initiated Transfer. An employee who has completed their
probationary period may request to transfer from one position to another
position in the same or a comparable class, so long as that employee meets the
minimum qualifications for that position. Employees requesting a transfer must
submit a memorandum to the City Manager detailing the request for transfer
and reasons for the request. Upon receipt of the transfer request, the City
Manager will notify the employee’s Department Head. Job performance and
qualifications will be evaluated to ensure the most effective use of the
employee’s capabilities in determining the transfer request. The employee
shall be placed on the pay rate of the new classification, but in no case shall the
employee be paid at a higher level. The anniversary date is retained.
4. Voluntary Demotion
An employee may request demotion to a vacant position for which the employee
possesses the minimum qualifications. Voluntary demotion requires approval by the City
Manager.
5. Reemployment
A former employee may be reappointed from a reemployment list in accordance with
Rule XXXIII: Separation from City Service and Reemployment.
6. Reinstatement
With the approval of the City Manager, a regular employee, or a probationary employee
who has completed at least six months of probationary service, and who resigned with a
good record may be reinstated within one year of the effective date of resignation, to a
vacant position in the same or comparable class. Upon reinstatement, the employee will
be subject to the full probationary period prescribed for the class. No credit for former
employment will be granted in computing salary, seniority, vacation, personal necessity,
sick leave, or other benefits, unless otherwise required by law, or these Rules.
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7. Provisional Appointment
a. In the absence of there being at least three names of individuals willing to
accept appointment from appropriate employment lists, a provisional
appointment to the classification may be made by the City Manager of a person
meeting the minimum training and experience qualifications for the position.
b. A provisional appointment may also be made by the City Manager during the
period of leave of absence or suspension of an employee or pending final action
on proceedings to review suspension, demotion, or discharge of an employee.
c. A provisional employee may be removed at any time without right of appeal or
hearing.
d. In accordance with Government Code Section 20480, a provisional
appointment that is vacant and for which the City is conducting an active
recruitment may not exceed 960 hours in a fiscal year (July 1st – June 30th).
Absent these two conditions, all other provisional appointments may not
exceed nine (9) months.
e. No special credit will 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.
8. Acting Appointment
a. Acting appointments may be used during the period of leave of absence or
suspension of an employee or pending final action on proceedings to review
suspension, demotion, or discharge of an employee.
b. An employee who is assigned in writing by the City Manager to serve an acting
appointment in a higher level vacant regular or limited-term position will be
appointed on a temporary basis to that class. An acting appointment cannot
exceed 960 hours in a fiscal year (July 1st – June 30th).
i. At any time the employee may request to be reassigned to their former
class. In such a case, the employee will be reassigned within seven days.
ii. At any time the employee may be removed and reassigned to their
former class without right of appeal or hearing.
c. An employee who is serving an acting appointment under the terms in this Rule
will receive a salary increase as outlined in their MOU for the duration of the
acting appointment.
d. Upon return from an acting appointment, an employee will have the right to
return to their former class and department and will have the step status and
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merit increase eligibility date they would have achieved if the employee had
remained in the lower class throughout the period of their acting appointment.
e. No special credit will 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 an acting appointment.
9. Additional Duties
a. The City Manager may assign an employee to perform duties as part of their
regular schedule that differ from the duties typically required of their position,
but do not require the employee to assume the full duties of another position. Any such assignments must be made by the City Manager in writing before the
additional duties are performed.
i. At any time the employee may request to cease performing the
additional duties. In such a case, the employee’s duties will be
reassigned within seven days, if practicable.
ii. At any time the additional duties may be removed from an employee
and discontinued or reassigned without right of appeal or hearing.
b. An employee who performs additional duties under the terms of this Rule will
receive a salary increase as outlined in their MOU for the duration of the
assignment.
RULE XIV APPLICATIONS AND APPLICANTS
A. Qualification of Applicants
Applications for examination shall be reviewed by the Human Resources Department for
adequacy of qualifications for the position involved. Applicants who appear to meet the
necessary minimum qualifications shall be permitted to take the examination. In instances
where an impractical large number of candidates appear to meet the minimum qualifications,
the Human Resources Manager shall use their judgement to reduce the number by applying a
higher standard of qualification requirement.
B. Employment Application Forms
Applications must be made as prescribed on the examination announcement. Application forms
will require inclusion of all applicable training, experience, and other pertinent information and
may request any other certificates or qualifying materials. Applicants may be required to provide
supplementary information, including, but not limited to: answers to job-related questions;
resume; licenses; certifications; diplomas; letters of recommendation; and references. All
applications must be completed in full, dated, and signed electronically by the person applying.
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C. Criminal Conviction History
1. The City will not ask any applicant for employment to disclose, through any written form
or verbally, information concerning an arrest or detention that did not result in
conviction, or information concerning a referral to, and participation in, any pretrial or
post-trial diversion program, or concerning a conviction that has been judicially
dismissed or ordered sealed pursuant to law, including, but not limited to, Penal Code
Sections 1203.4, 1203.4a, 1203.45, and 1210.1.
2. Unless otherwise required by law, the City will not ask an applicant for employment to
disclose, orally or in writing, information concerning the conviction history of the applicant, until the City has determined that the applicant meets the minimum
employment qualifications, as stated in any notice issued for the position. This provision
does not apply to those positions for which the City is required by law to conduct a
criminal history background check (e.g., peace officers) or to positions within a criminal
justice agency.
D. Background Screening
After the City makes a conditional offer of employment, the Human Resources Department may
then request information about criminal convictions, except for misdemeanor marijuana-related
convictions that are over two years old, or convictions that have been judicially sealed,
eradicated, or expunged. Unless required by law, the City will not deny employment to any
applicant solely because they have been convicted of a crime. The City may, however, consider
the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether
the offense is relevant to the duties of the position. This provision does not apply to applicants
for public safety jobs.
The City may require an applicant for employment to be fingerprinted and/or to undergo a
background check prior to beginning employment. Refusal of an applicant or employee to be
fingerprinted, failure to report for fingerprinting, or failure to provide such information as is
necessary to conduct a background check will be sufficient cause for disqualification for
employment or termination from employment.
Fingerprints will be submitted using the “LiveScan” process and in accordance with applicable
state, federal, and local laws regarding the LiveScan process. A background investigation may
include, but is not limited to, reference checks, employment history, criminal history, and public
records. When the City conducts such an investigation, it will comply with all applicable
requirements of the federal Fair Credit and Reporting Act and the California Investigative
Consumer Reporting Agencies Act, as well as all other applicable state and federal laws.
In addition to a criminal conviction check, applicants may also be subject to a reference check.
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E. Disqualification
1. Rejection
The Human Resources Manager may reject any applicant, at any point in the recruitment
or hiring process, under any of the following circumstances:
a. The application is not properly completed or is incomplete.
b. The application is received after the application deadline.
c. The application shows on its face that the applicant does not possess the minimum
qualifications required for the position.
d. The application shows on its face that the applicant is physically or psychologically restricted from performing the essential functions of the position applied for, and
the City determines that no reasonable accommodation can be made for such
medical restrictions in the position applied for.
e. The application shows on its face that the applicant is currently addicted to the
habitual excessive use of drugs or alcohol.
f. The applicant has made a false statement of material fact or practiced any
deception or fraud in the application process.
g. The applicant is not legally permitted to work in the United States.
2. Disqualification Based on Criminal History
If the supplemental application or a subsequent background screening discloses a
previous criminal conviction, the Human Resources Manager will take into account the
factors as noted in Rule XIV.D in determining whether to disqualify the applicant or
rescind a conditional offer, if any.
3. Notice of Disqualification
If the Human Resources Manager preliminarily disqualifies an applicant based on
criminal history, the City will provide written notification to the applicant, along with a
copy of the criminal history report, if any. The applicant shall have five business days to
submit a response to the City. The City shall consider the timely response of the
applicant, and notify the applicant in writing of its final decision.
RULE XV EXAMINATIONS
A. Job Announcement
The Human Resources Manager will prepare a job announcement to announce a proposed
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recruitment. The announcement may be posted on the City’s website and other locations the
Human Resources Manager deems appropriate, depending upon whether the recruitment is open
to the public or current employees only. The announcement will include:
1. The title and pay for the position;
2. The nature of the work to be performed and essential job duties of the position;
3. The minimum qualifications, including whether the job is a promotional position;
4. Type and subjects of examination, plus a statement of the relative weight of each type
of examination expressed in percentage based upon a total score of one hundred per
cent.
5. The last date that the City will accept applications, if any;
6. Any special physical, medical, training, or experience requirements. The time, place, and
type of the examination, if known, and if a medical examination, and/or a drug screen
will be required following a conditional offer of employment; and
7. Such other information as determined in the discretion of the Human Resources
Manager.
B. Examination Process
1. The Human Resources Manager will determine the manner and methods and by whom
examinations will be prepared and administered.
2. The selection techniques used in the examination process will be impartial and relate to
those subjects, which, in the opinion of the Human Resources Manager, 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.
3. Examinations will consist of selection techniques that will test fairly the qualifications of
candidates such as, but not necessarily limited to, achievement and aptitude tests, other
written tests, personal interview, performance tests, physical agility tests, evaluation of
work performance, qualifying review, work samples, medical tests, psychological tests,
successful completion of prescribed training, professional certifications, or any
combination of these or other tests. The probationary period is considered as a portion
of the examination process. Examinations will 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.
4. The content of all examinations will be kept confidential prior to the administration of the
examination. All applicants who are invited to the examination will be notified of the
nature of the examination.
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C. Scoring Examinations and Qualifying Scores
A candidate’s score in a given examination shall be the average of their scores on each competitive
part of the examination, weighted as shown in the examination announcement. Failure in one
part of the examination may be grounds for declaring the candidate failing in the entire
examination or disqualified for subsequent parts of the examination. Unless otherwise
determined by the City Manager, the percentage of proficiency required for passing shall be
seventy (70%) percent.
D. Notification of Examination Results and Appeals
Each competing candidate shall be given written notice of having either passed or failed the examination, and if passed, their final earned score. A candidate may file a written protest of
their score with the Human Resources Department within five business days of the date of the
notification. The protest must include the facts to support the appeal. The decision by the Human
Resources Manager of the appeal shall be final and there shall be no subsequent appeal. The
candidate will be notified in writing the outcome of the appeal.
E. Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the City Manager, the
needs of the service require. Promotional examinations may include any of the selection
techniques mentioned in Section B of this Rule, or any combination of them. Only regular fulltime
employees who have passed probation and who meet the requirements set forth in the
promotional examination announcements may compete in promotional examinations.
F. Continuous Examinations
Open-competitive examinations may be administered periodically for a single class as the needs
of the service require. Names will be placed on employment lists, and will remain on such lists,
as prescribed in Rule XV: Examinations. The Human Resources Manager will merge lists from
continuous exams, while the lists maintain their original expiration date.
G. Disability Accommodation
An applicant with a disability may request accommodation in an examination process. Following
receipt of a request for accommodation, the Human Resources Manager may require additional
information, such as reasonable documentation of the existence of a disability.
RULE XVI ELIGIBILITY LISTS
A. Establishment and Certification of Eligibility Lists
Upon receipt of the final results of any examination, the Human Resources Department shall
record the names of all candidates who have successfully passed the examination, listed in order
from the highest to the lowest score, and then promulgate such list. It is then valid for one year.
When the list expires, a new list may be created by the standard process if a vacancy exists. Upon
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finding that a list is needed, the names on the list are current, and conduct of a new examination
is unnecessary, the Human Resources Manager may extend the life of the list for a stated period,
not to exceed an additional year.
During the life of the Eligibility List the Human Resources Department shall retain access to the
applications and eligibility data.
B. Abolishment of Eligibility List
The Human Resources Manager may abolish an Eligibility List when four (4) or less qualified
names are available for consideration for a vacant position.
C. Removal of Names from Eligibility List
The names of any person appearing on an eligibility list will be removed by the Human Resources
Department upon disqualification under Section E of Rule XIV: Applications and Applicants, upon
receipt of the written request by that person to be removed from the list or if the applicant fails
to respond to an offer issued pursuant to these Rule within five days after notification. It is the
applicant’s responsibility to keep the City informed of their current contact information. The
names of persons on promotional eligibility lists who separate from service pursuant to Rule
XXXIII: Separation from City Service and Reemployment will automatically be removed from such
lists.
RULE XVII OFFERS OF EMPLOYMENT AND HIRING PROCEDURES
A. Conditional Offer of Employment
After completion of the required selection process and background investigation, the
Department Director may make a conditional offer of employment from the certified eligible
candidates, contingent upon the results of a pre-employment medical examination and
fingerprinting.
1. Medical Examination of Applicants
a. Following a conditional offer of employment, prospective employees may be
required to complete a job-related pre-employment psychological or medical
examination to determine whether prospective employees are mentally and
physically capable of performing the essential functions of the position applied
for.
b. In addition, depending on the classification, a prospective employee to whom a
conditional offer of employment is made may be required to pass a test for
controlled substances in conjunction with the medical exam, under procedures
described in the City’s Drug Free Workplace Policy. The offer of employment is
conditioned on a negative test result. Applicants will be informed of the City’s
drug testing policy in the job announcement. Employees who occupy safety-
sensitive positions may be subject to further drug testing as set forth in any
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applicable City policies, or applicable federal, state, or local laws. If a prospective
employee fails a pre-employment drug test, they may not apply for any City
position for twelve months.
c. A licensed health care provider chosen by the City will perform any required pre-
employment medical examinations with no cost to the prospective employee.
d. Prospective employees will be required to complete a medical questionnaire and
a medical records release as necessary to facilitate the examination process.
e. Following the examination process, the health care provider will notify the City
whether the applicant is fit for duty, fit for duty but subject to particular
restrictions, or not fit for duty.
i. The City will evaluate the availability of reasonable accommodation(s)
for prospective employees whose fitness for duty is subject to
restrictions, as required by law.
ii. An applicant will be considered to have “passed” a medical examination
if their medical examination results in a report that the applicant is fit, or
is fit subject to medical restrictions for which the City is able to identify
and implement an effective, reasonable accommodation.
B. Final Offer of Appointment
An applicant who has “passed” the medical examination will be provided with a final offer of
appointment by the Department Director, provided that the City has not identified any grounds
for disqualification under Section E of Rule XIV: Applications and Applicants. If the applicant
accepts this final offer, they will report to the Human Resources Department for processing on or
before the date of appointment.
C. Right to Work in the United States
The City is committed to full compliance with federal immigration laws. These laws require that
all individuals pass an employment verification procedure and that every individual provide
satisfactory evidence of their identity and legal authority to work in the United States no later
than three business days after they begin work. All new hires must go through this procedure. The City will comply with applicable requirements under state and federal law to notify an
employee if the City receives a tentative non-confirmation notification or any other information
specific to the employee from the Social Security Administration or the United States
Department of Homeland Security.
D. Driver License and Driving Record
Employees who are required to drive as part of their job duties are required to possess a valid
California driver license and maintain a satisfactory driving record acceptable to the City as a
condition of employment. The City will, from time to time, obtain a copy of employee driving
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records from the DMV where required or permitted by law. Employees must immediately report
to their immediate supervisor and the Human Resources Department any changes in driving
privileges. Employees who are required to drive as part of their job duties must provide proof of
insurance and comply with additional requirements set forth in the Vehicle Usage Policy.
E. Employment Oath
Pursuant to Government Code Sections 3100 and 3102, all public employees and all disaster
service volunteers must sign an oath of allegiance before entering into the duties of their
employment or volunteer service. The signed oath will be retained in the personnel file. The oath
will be administered by the City Clerk, Deputy City Clerk, or a duly authorized designee.
F. Anniversary Date
The anniversary date in classification shall be based on the actual date of employment to the
classification. Anniversary dates shall be adjusted for unprotected, unpaid leaves of absence.
RULE XVIII PROBATIONARY PERIOD
A. Objective
The probationary period is a test period, which is part of the selection process and will be used
for close observation of the employee’s work to determine whether the employee can
successfully perform the assigned duties of their position, adhere to the City policies and Rules,
and adjust effectively to the position.
B. Duration and Applicability
1. Unless otherwise specified by MOU, the probationary period for all full-time
appointments is twelve (12) months of actual and continuous service.
2. This probationary period may be extended by an additional period of up to six months
by recommendation of the Department Head and approval of the City Manager. Such
extension may only become effective upon written notice of extension provided to the
probationer prior to expiration of the initial probationary period. Periods of time off
work during unpaid absences will automatically extend the probationary period by the
number of days of the unpaid absence. Further, periods of time on paid leave exceeding
20 consecutive working days will extend the probationary period by a corresponding
number of days.
C. Evaluations for Probationary Employees
During the probationary period, a probationary employee (including employees serving a
probationary period due to promotion, transfer, demotion, reemployment, or reinstatement)
must be evaluated quarterly.
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D. Release from Probation
1. A probationary employee may be released at any time during the probationary period
with or without cause or reason, without notice or appeal or grievance, and without any
rights set forth under Rule XXX: Discipline and Rule XXXI: Grievances. The probationary
employee will be notified that they have been released from probation.
E. Promotional Probationary Period
1. When a regular employee is promoted, they serve a new probationary period of twelve
(12) months of actual and continuous service.
2. During the probationary period of a promoted employee, the Department Head may recommend that the employee be rejected if the employee’s performance or conduct
does not meet the standards set for the position to which the employee was promoted.
3. An employee who fails to satisfactorily complete the probationary period in the
promotional position will have no rights to continued employment in the promotional
position and will be returned to their former position without cause, without notice, and
without right of appeal or hearing as set forth under Rule XXX: Discipline and Rule XXXI:
Grievances. An employee returned under these circumstances would bump another
employee with less seniority in the classification.
4. If the former position is not available, the employee on promotional probation will be
separated from employment without the right of appeal, and the employee may request
to be placed on the reemployment list for the former position for a 12-month period.
Placement on a reemployment list does not guarantee that the employee will be re-hired
to the former position once that position becomes available. Employees terminated for
cause are not eligible for return to their former position or placement on the
reemployment list.
RULE XIX DRUG AND ALCOHOL-FREE WORKPLACE
A. Purpose
The purpose of this Rule is to promote a drug and alcohol-free workplace and to eliminate drug
and alcohol-related inefficiencies and risks. This Rule applies to all City employees, whether they
are on City property, or they are performing City-related business elsewhere, except as this Rule
is superseded by a MOU, state, or federally mandated drug and alcohol policies. Compliance with
this Rule is a condition of employment. Disciplinary action will be taken against those who violate
this Rule.
B. Covered Individuals and Scope of Policy
The City maintains a separate Drug and Alcohol Policy. The individuals covered by this Policy are
all employees, regardless of rank or title.
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RULE XXI WORKPLACE SAFETY
A. Commitment to Workplace Safety
The City is committed to providing a safe workplace for all employees. Every employee should
understand the importance of safety in the workplace. By remaining safety conscious, employees
can protect their own interests as well as those of their co-workers. The City expects all employees
to take steps to promote workplace safety.
Employees must maintain their work areas in a clean, healthy, and orderly condition to prevent
unsafe conditions and potential accidents. Equipment must be properly stored when not in use, and all floor areas must be kept clean and free of fluids and other substances to prevent falls. It is
each employee's responsibility to make sure the work area is clean and orderly at the completion
of their scheduled work shift.
B. Injury and Illness Prevention Program
In keeping with its commitment to workplace safety, the City has adopted an Injury and Illness
Prevention Program as part of its safety program. Compliance with this Program is a condition
of employment, and all employees will be evaluated on their compliance with the Program. Each
employee will be given a copy of the Injury and Illness Prevention Program, and a copy is
maintained in City Hall.
C. Unsafe Conditions
If an employee identifies a potentially unsafe condition or risk, the employee should immediately
report the matter to their supervisor.
D. Industrial Injury and Illness
If an employee is injured or becomes ill on the job as a result of performing job-related duties,
the following steps will be taken.
1. Employee Responsibilities
a. Notify a supervisor or Human Resources immediately after an injury or
symptoms of illness occur.
b. Follow the City’s procedure within 24 hours after an industrial injury or illness,
even if the injury or illness is considered minor. Delay or refusal to seek medical
treatment can result in physical as well as compensatory complications.
Whenever possible, treatment should be received from a City-authorized
treatment facility, unless an employee has pre-designated a physician.
c. If the injury requires minor first aid care, there is a first aid kit located in the
lunchroom and in the maintenance building. All rules of reporting apply, even
though injury is minor and requires only first aid treatment.
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d. The City has an authorized immediate and emergency care center that the
employee should be examined at with the appropriate City personnel
authorization.
e. In the event of a life-threatening injury, employees will be taken to the nearest
hospital, as appropriate. The employee or referring agent of the City must
inform the hospital staff that they are seeking treatment for an industrial injury.
f. Inform the Department Head or supervisor of any noted unsafe working
conditions or faulty equipment/machinery in the work environment as set forth
in Section C of this Rule.
g. In the event of a temporary or permanent industrial disability, the employee is
entitled to Workers' Compensation Insurance coverage and/or personal short-
term and/or long-term disability benefits in accordance with these Rules and
state and federal laws.
2. Employer Responsibilities
a. Department Heads or immediate supervisors should be aware of any injury/illness
that occurs while an employee is performing their job duties.
b. In conjunction with the employee, the Department Heads or supervisors will make
a determination about whether the injured/ill employee needs minor first aid or
medical treatment. No matter how minor the injury/illness, the supervisor is
responsible for completing the “Supervisor’s Report" as soon as possible and
submitting it to the Human Resources Department. This form can be obtained from
Human Resources.
c. The City must give to the injured/ill employee the "Workers’ Compensation Claim
Form" (DWC 1) within 24 hours of the injury. It is up to the employee to return the
completed form to Human Resources, if necessary.
3. Off-Duty Social and Recreational Activities
The City may sponsor social or recreational activities for its employees, both on City
property and off-site locations. Employee attendance at such social activities, however,
is completely voluntary and is not work-related. Neither the City nor its insurer will be
liable for the payment of workers' compensation benefits for any injury that arises out
of an employee's voluntary participation in any off-duty recreational, social, or athletic
activity that is not part of the employee's work-related duties.
E. Workplace Violence Prevention
The City is strongly committed to ensuring the safety of all City employees in the workplace. The
workplace includes any location where City business is conducted, including City vehicles and
parking lots. Consistent with this policy, acts or threats of violence, including intimidation,
harassment, and/or coercion which involve or affect City employees will not be tolerated and will
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be subject to appropriate disciplinary action up to and including termination and criminal
prosecution. The City has zero tolerance for any conduct that references workplace violence,
even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting. The
City maintains a separate Workplace Violence Prevention Policy and employees, regardless of
rank or title, are subject to its provisions.
RULE XXII WORKPLACE RULES
A. Personal Appearance
The City is a professional organization, and customers, suppliers, and the general public
(collectively “community members”) frequently form their initial impressions of professional
credibility based solely on employee appearance. Therefore, all employees must present a
professional appearance by wearing attire appropriate to their job classifications and must
promote a positive image to customers.
This Section is intended to provide standards on dress and appearance and is not meant to
address all situations. There may be differences in some Departments’ standards depending on
the nature of the work environment, nature of work performed, involvement with the public,
required uniforms, or other circumstances identified by the Department Head. The standards in
this Rule apply when the employee has officially reported to work. Department Heads are
responsible for enforcement of this Rule and related Department Policies among their
employees.
1. Guidelines for Attire and Footwear
a. In General. Employees are required to dress appropriately for the jobs they are
performing. The following dress code regulations shall apply to all City
employees. If an employee has questions about how these standards apply to
them, the matter should be immediately raised with their supervisor for
consideration and determination.
i. All clothing and footwear must be neat, clean, in good repair, and
appropriate for the work environment and functions performed.
ii. Prescribed uniforms and safety equipment must be worn and in good
condition.
iii. Good personal hygiene is required. When used, perfumes, colognes, after
shaves, and scented lotions may be applied if done so in moderation and
may be prohibited at the discretion of the Human Resources Manager.
iv. Dress must be professionally appropriate to the work setting,
particularly if the employee has contact with the public at work.
b. Business Casual. Except as noted below, employees should dress each day in
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business casual dress. Business casual wear is a style of dress which projects a
professional, business-like image while still permitting employees to wear more
casual and relaxed clothing. Business casual does not include athletic wear,
leisure wear, or beach wear.
c. Professional Business Attire. If an employee is representing the City at a meeting
(such as City Council and Planning Commission meetings), professional business
attire should be worn.
2. Limited Exceptions
a. Department Heads may exercise their discretion regarding appropriate attire in
light of weather conditions or requirements of special projects or assignments.
b. The City may designate special casual days during which the dress code may be
relaxed. Criteria for such casual days will be announced in advance.
3. Tattoos and Jewelry
a. All jewelry and visible tattoos must be appropriate for the workplace, must not
constitute a potential safety hazard for the employee or others due to its
characteristics or the manner in which it is worn, or otherwise violate City policies
or these Rules, including, but not limited to, policies prohibiting harassment and
discrimination in the workplace. Such a determination will rest in the discretion
of the Human Resources Manager. Any non-conforming tattoos must be covered
with clothing, bandage, or makeup while at work.
b. Facial piercing jewelry including, but not limited to, that displayed via nose
piercing, tongue piercing, eyebrow piercing, lip piercing, or any other facial
piercing, must not constitute a potential safety hazard for the employee or
others due to its characteristics or the manner in which it is worn, or otherwise
violate City policies or these Rules, including, but not limited to, policies
prohibiting harassment and discrimination in the workplace. Such a
determination will rest in the discretion of the Human Resources Manager. Any
non-conforming piercing shall be removed, covered with a bandage, or replaced
with a clear, plastic spacer while at work.
4. Violations
a. Should an employee wear inappropriate attire or footwear to work the
employee will be asked to leave the workplace and promptly return after
changing into appropriate attire and footwear. Non-exempt employees may
deduct the missed time from their available paid leave, or in the absence of paid
leave, will be required to take the missing time as leave without pay. Failure by
any employee to return to work promptly may be grounds for discipline.
b. Repeated violations of this Rule may be grounds for discipline.
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5. Reasonable Accommodation
The Human Resources Department may grant exceptions to this Section as required by
law to provide a reasonable accommodation to an employee.
B. Use of City Property and Equipment
1. The City will provide all necessary equipment and supplies to allow employees to
perform their duties. Employees may not use their own equipment for work. The City's
insurance does not cover the loss of or damage to employees’ personal equipment.
2. Each City employee to whom a key, identification card, or other City-issued property is
given is responsible for proper use of that City-issued property and is responsible for any loss or damage. Equipment belonging to the City similarly must be secured properly
when not in use. City equipment is not to be removed from City property without proper
authorization from a supervisor.
3. An employee who loses or misplaces their City-issued property must notify their
supervisor immediately, and when appropriate, file a police report. Employees are
prohibited from duplicating or loaning City keys or other City-issued property to anyone
for any reason. All City-issued property must be returned to the supervisor prior to
separation from employment.
4. City Vehicles
Use of City vehicles is governed by the City’s Vehicle Usage Policy.
C. Electronic Communication Systems
1. The City maintains an electronic mail system, a computer system (including Internet
systems), and a voice mail system (collectively, “Communication Systems.”) These
Information Systems are provided as technological tools for employees’ use in
conducting City business. Employees’ personal use of these Information Systems must
in no way distract from that business and must necessarily be limited and be subject to
the approval of a supervisor.
2. Terms and conditions for use of the City’s Electronic Communication Systems are set
forth in the City’s Internet and Email policy. Employees are required to read and comply
with the City’s policy.
D. Workspace
Employees are responsible for maintaining their own work areas in a presentable, professional,
neat, and organized manner. At the close of each business day, employees must ensure that all
equipment is put away. All supplies should be removed from tables, benches, and furniture tops.
Paperwork should not be left out overnight. Employees must not litter or discard items on the
premises.
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E. No Smoking
In accordance with Section 8.40 of the Hermosa Beach Municipal Code, smoking is prohibited in
all public places. All employees are prohibited from smoking inside any City facilities, vehicles,
including private vehicles on City property and any public space, including sidewalks, streets,
parks, and beaches. Employees are permitted to smoke in their personal vehicle parked on City
owned or leased property.
RULE XXIII DISASTER AND EMERGENCY SERVICES WORKERS
A. All Employees Designated as Disaster Workers
The protection of the health and safety, and the preservation of lives and property from the
effects of natural, man-made, or war-caused emergencies which result in conditions of disaster
or extreme peril to life, property, and resources, is paramount to the City. When a disaster
strikes, the community looks to City employees for leadership and assistance in mitigating its
effects. The assistance of City employees is vital to ensuring that this community recovers from
a disaster as quickly as possible. It is important that all City employees be available to assist in
responding to disasters, regardless of the position they hold. As such, in accordance with the
provisions of Government Code Sections 3100 and following, all City employees are declared to
be Disaster Service Workers.
B. Declaration of Disaster or Emergency
Upon the declaration of a disaster or an emergency, employees are required to follow direction
given in accordance with the City’s Emergency Management Plan.
C. Employee Responsibilities
1. Off-Duty Procedures
a. Employees with Pre-designated Roles.
After ensuring that their families are safe and any short-term arrangements have
been made for their families' security, employees who have pre-designated
emergency or disaster roles must respond according to those established
procedures.
b. Employees without Pre-designated Roles
i. Communication Systems Not Functioning. When the telephones or
other communication devices are not functioning, employees who do
not have pre-designated emergency or disaster roles should gather
information from radio and television broadcasts, and comply with any
instructions given for City employees. Unless an employee cannot
physically report to work, all City employees are expected to report to
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work at their normally scheduled time after ensuring the safety and
security of their own families.
ii. Communication Systems Are Functioning. If the telephones or other
communication devices are working, employees must make every effort
to contact their immediate supervisor for instructions as soon as
possible. Unless otherwise instructed or if it is physically impossible for
the employee to report to work, all City employees are expected to
report to work at their normally scheduled time after ensuring the safety
and security of their own families.
2. On-Duty Procedures
If the disaster occurs during normal working hours, employees should immediately
follow the policy and procedures established by the City’s Emergency Management Plan,
and any additional orders given for performing disaster work by the employee’s
supervisor.
a. Remain On Duty. All employees are expected to remain on duty at their normal
work location or at a disaster location, unless dismissed by the proper authority
designated in the City’s Emergency Management Plan. Every attempt possible
will be made by the City to assist each employee in communicating with their
family.
b. Ongoing Disasters. For disasters extending beyond the normal work day,
employees are required to follow the direction and order of the authority as
designated in the City’s Emergency Management Plan.
D. Disaster Duties
Employees must perform those duties designated in the City’s Emergency Management Plan, and
any additional duties assigned by the proper authority as stated in the City’s Emergency
Management Plan. Employees may be required to perform duties outside their normal job
description during a disaster.
E. Employees Physically Unable to Report to Work
In the event that an employee is unable to return to work because road and transit conditions
prevent travel by automobile, public transit, or other conveyance, they have the option to
become a disaster service worker in the city where they reside. Any employee who cannot return
to the City and serves as a disaster worker for another municipality is required to contact the
Human Resources department of that municipality for further instructions and to obtain written
documentation of their assignment. The employee is required to notify their immediate
supervisor of their working in the other municipality.
1. Compensation for Work Performed at Another Municipality
Employees who are unable to report to work during a disaster will be entitled to receive
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compensation from the City for the service performed at another municipality, provided
that the employee provides written proof from the other municipality of the amount of
time the employee worked there. That information should be logged on the employee’s
timesheet and submitted through the normal payroll process. Alternatively, the
employee may present written proof from the other municipality that the employee
offered their services, but that the other municipality rejected their assistance.
2. Returning to the City
Employees are required to communicate with their supervisor as soon as possible, and
are required to return to their normal or disaster duties at the City as soon as travel, by
any reasonable means, to the City is possible.
F. Timekeeping Requirements
All employees are required to complete special timekeeping forms daily, which will keep a record
of the following information:
1. The kind of disaster work performed;
2. The number of hours worked; and
3. The location where work was performed.
G. Failure to Report to Work During a Disaster
An employee who fails to report to work as a disaster worker at the City or at another
municipality will be considered on unpaid leave during the duration of the emergency, unless
the employee submits documentation that supports justification to receive paid leave.
RULE XXIV COMPENSATION AND PAYROLL PRACTICES
A. Work Schedules and Work Week
Work schedules are determined at the discretion of the department head and are subject to
change with or without notice, according to the needs of the department or City. A non-exempt
employee shall be in attendance and at work during the hours specified by the supervisor.
1. Work Schedule
a. All full-time employees are assigned to a 4/10 work schedule in which
employees work Monday through Thursday, 7:00 a.m. to 6:00 p.m., unless
designated otherwise. City Hall is closed every Friday. This schedule may be
changed by the City Manager, subject to notice to the affected employees and
the city’s meet and confer obligations.
b. Employees may request, or may be required, to work a different schedule in
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keeping with their job classifications or department responsibilities. Any such
variation to the standard 4/10 schedule must be approved by the City Manager
and memorialized in writing.
2. Timecards
a. Time records represent legal documents that are used to accurately record
working time to compensate employees properly. As such, employees must
accurately record all exact working time on the day it occurs and designate hours
toward any leaves taken on their timecard, or other form prescribed by the City.
b. Unless notified of adoption of another timekeeping method by the City, employees are required to record hours worked through the use of a City-issued
timecard or an electronic equivalent. Employees must sign each timecard as a
statement attesting that the time and hours recorded accurately and fully reflect
all the time worked within the pay period.
c. Employees must record any use of paid leaves in the following increments:
i. Vacation leave hours must be taken and reported in 15-minute
increments.
ii. Compensatory Time Off (“Comp Time”), Holiday Compensatory Time Off
(“Holiday Comp”), and Administrative Leave (“Admin”) must be taken
and reported in 15-minute increments.
iii. Sick (“Sick”) time must be taken and reported in 15-minute increments.
3. Supervisors’ Duty to Monitor
Supervisors are responsible for monitoring employee time including the following:
a. Start time for each work day;
b. Start time for each meal period;
c. End time for each meal period;
d. End time for each workday;
e. Whether a meal period is taken (if no meal period is taken it must be
recognized);
f. All actual time taken as paid leave; and
g. Any additional time during which work is performed, including work performed
outside the regular shift.
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4. Submission of Timecards for Supervisor’s Review
Employees responsible for completing timecards must ensure that the timecards are
submitted to their supervisors on the day designated by the City. Supervisors will review
and address potential issues in timecards as established in these Rules. Supervisors must
sign each timecard, attesting to the completion of such review and that the time recorded
reflects all work performed by the employee of which the supervisor was reasonably
aware.
5. Changes or Corrections to Timecards
Any changes or corrections to an employee’s timecard or time record must be initialed by the employee and the employee’s supervisor. Under no circumstances may any
employee or supervisor record time on another employee's timecard.
B. Hours Worked and Overtime
1. In General
a. Non-exempt employees will be compensated for travel time beyond the regular
home-to-work site distance, attendance at training or meetings, and other
similar time where required under applicable state and federal wage and hour
laws.
b. Time worked for which employees receive additional compensation, based on a
minimum guaranteed number of hours, as set forth in an applicable MOU, such
as call-out pay for hourly employees, will constitute hours worked to the extent
that it represents time actually worked and does not otherwise constitute
overtime as defined in this Section.
2. No Volunteering of Work Time
All time spent for the benefit of the City must be reported as hours worked on time
records so that the employee is paid for all work. Non-exempt employees may not
"volunteer" work time to perform duties that are the same or similar as their stated or
regular job duties. Employees have no authorization to work without compensation. No
supervisor has authority to request non-exempt employees to volunteer work time.
3. Meal Periods
a. Non-exempt employees are entitled to unpaid meal periods during which they
will be entirely relieved of responsibilities and restrictions. Such time will not
constitute hours worked.
b. Non-exempt employees are entitled to unpaid meal periods, as follows:
i. City Hall employees are entitled to a one-hour unpaid meal period each
workday.
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ii. Maintenance employees are entitled to a 30-minute unpaid meal period
each workday.
c. Supervisors will schedule meal periods to ensure appropriate coverage, subject
to the above constraints.
d. All employees are expected to take reasonable measures wherever feasible to
avoid the need for work to be performed during meal periods. Employees shall
not perform any work during meal periods unless authorized in advance by a
supervisor, in writing; and such time shall be reflected as time worked by the
employee. Non-exempt employees who work during their meal periods will be paid for time worked. Working through meal periods without advance approval
is grounds for employee discipline, up to and including termination.
4. Rest Periods
a. A 15-minute compensated rest period will be provided to all non-exempt
employees for each four-hour period of service during each workday. Such time
constitutes hours worked. Rest periods may not be combined to shorten the
workday, to extend the meal period, or taken at the beginning or end of the
employee’s work day.
b. Supervisors will schedule rest periods to ensure appropriate coverage.
5. Lactation Break Time
A non-exempt employee who wishes to express breast milk for her infant child during her
scheduled work hours will receive additional unpaid time beyond the 15-minute
compensated rest period. Those desiring to take a lactation break must notify a supervisor
prior to taking such a break. The requested break time should, if possible, be taken
concurrently with other scheduled break periods. Breaks may be reasonably delayed if
they would seriously disrupt operations. The City reserves the right to deny an employee’s
request for a lactation break if the additional break time will seriously disrupt City
operations. Once a lactation break has been approved, the break should not be
interrupted except for emergency or exigent circumstances.
a. Private Location
The City will provide employees with the use of a room or other location (other
than a bathroom) to express breast milk in private. The City will attempt to find a
location in close proximity to the employee’s work area, shielded from view, and
free from intrusion. Such space will meet the requirements of the California Labor
Code including a surface to place a breast pump and personal items, a place to
sit, access to electricity, a sink with running water, and a refrigerator for storing
breast milk.
Employees occupying such private areas shall either secure the door or otherwise
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make it clear to others through signage that the area is occupied and should not
be disturbed. All other employees should avoid interrupting an employee during
an authorized break under this section, except to announce an emergency or
other urgent circumstance.
b. No Discrimination or Retaliation
The City prohibits any form of discrimination or retaliation against an employee
for exercising or attempting to exercise any rights provided by this policy. Any
such conduct or other violations of this policy should be reported to the Human
Resources Manager or designee. Employees have the right to file a complaint with the California Labor Commissioner for violation of a lactation accommodation
right described in this Rule.
6. Advance Request for Permission to Deviate from Regular Work Hours
A non-exempt employee is required to seek advance permission from their supervisor for
any foreseeable absence or deviation from regular working, break, and meal times.
7. Notification of Unforeseen Late Arrival or Absence
A non-exempt employee who is unexpectedly unable to report for work as scheduled
must notify their immediate supervisor no later than the beginning of the employee’s
scheduled work time and report the expected time of arrival or absence. If the immediate
supervisor is not available, the employee must notify the department head or designee.
If no one is available to speak with, the employee may leave a voicemail message, but is
responsible to make a reasonable effort to speak with a supervisor or manager.
8. Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or
meal periods is prohibited, absent authorization. A non-exempt employee who fails to
timely notify the supervisor of any absences as required by this Rule, or who is not present
and ready to work during all scheduled work times will be deemed to have an
unauthorized tardy or absence and will not receive compensation for the period of
absence.
9. Excessive Tardiness/Absenteeism and Abuse of Leave
Excessive unapproved tardiness occurs when a non-exempt employee is late to work or
late to return from breaks/meal periods more than three times during any 30-day period.
Excessive absenteeism occurs when the number of unapproved absences for reasons that
are not permitted by state or federal law exceeds three days in any three-month period.
Excessive tardiness or absenteeism may be grounds for discipline, up to and including
termination.
Abuse of leave is a claim of entitlement to leave when the employee does not meet the
requirements for taking the leave, and may be grounds for discipline, up to and including
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termination. Should the City suspect that there is an abuse of sick leave by an employee,
the City may require that the employee submit a physician’s certificate to support the
absence.
10. Overtime
Hours worked by non-exempt employees in excess of 40 hours in their designated work
week constitutes overtime. Time taken as paid leave, including, but not limited to,
holidays, vacations, sick leave, and other similar periods when no work is performed
does not constitute “hours worked” for purposes of overtime calculation.
a. No Remote Access for Non-Exempt Employees
Unless the Human Resources Manager specifies otherwise in writing, non-exempt
employees may not have remote access to City equipment, resources, or email.
b. Prior Approval Required for Overtime
i. Non-exempt employees are not permitted to work outside of their
regularly scheduled shifts except as authorized and/or directed by their
supervisor or Department Head, or in the event of an emergency, as
determined by the City.
ii. Working outside the regularly scheduled shift without advance approval
is grounds for employee discipline, up to and including termination.
iii. In emergency situations that necessitate working overtime, the
employee must notify a supervisor as soon as possible, and in no event
later than the end of that day upon which the emergency occurred. If the
supervisor denies the request to work overtime, the employee must
obey the supervisor’s directive and cease working. Failure to follow these
overtime approval procedures may subject the employee to disciplinary
action, up to and including termination.
iv. This requirement applies to, but is not limited to, the following work by
non-exempt employees:
• Work performed before the start of the shift;
• Work performed during meal periods;
• Work performed after the end of the shift; and
• Other work performed "off the clock," including work
performed at home.
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c. City-Scheduled Overtime
The City may periodically require employees to work outside their regularly
scheduled shifts in order to meet business needs. Supervisors must adhere to
the following guidelines in assigning work outside an employee’s regularly
scheduled shift:
i. An employee who may be required to perform outside the regularly
scheduled shift should receive advance notice of the need for such work
as soon as practicable before the work is expected to begin.
ii. When practicable, such opportunities will be made available on an equal
basis to all full-time employees capable of performing the work.
iii. All employees who are scheduled to work outside of their regularly
scheduled shift are required to work the assigned hours, unless
otherwise excused by their supervisor.
11. Compensation for Overtime Hours Worked
a. Although employees are required to record actual time worked, in computing
compensation due for overtime hours, the City will round total recorded
overtime hours worked up to the nearest 15 minute increment.
b. Compensatory Time Off
i. Non-exempt employees may choose to be compensated for overtime
work through compensatory time earned (CTE) instead of receiving a
cash payment. CTE accrues at the rate of one and one-half hours CTE per
overtime hour worked within the employee’s designated work week. The
decision to receive overtime pay or CTE credit must be made at the end
of the work week in which the overtime is worked, at the employee’s
option, provided that the employee has not accrued the maximum CTE
allowed under this Section and subject to approval by the Department
Head or City Manager.
ii. CTE accrues up to a maximum of 100 hours for regular and probationary
non-exempt employees, and if an employee reaches this maximum limit,
they will be paid for all CTE hours over 100 as part of the regular payroll
process.
iii. The City will grant an employee’s request to use accumulated CTE
provided that: 1) the department can accommodate the use of CTE on
the day requested without undue disruption to department operations;
and 2) the employee makes the request in writing to the supervisor prior
to the date requested. If the department cannot accommodate the time
off without undue disruption, the City will provide the employee the
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opportunity to cash out the amount of CTE requested at the end of the
current pay period.
iv. Employees may convert unused CTE to pay as outlined in their MOU.
v. City Cash Out: The City will cash out accumulated CTE in accordance with
the applicable MOU.
vi. Value of CTE Cash Out: During employment, CTE is cashed out at the
employee’s current FLSA regular rate of pay (including all FLSA-applicable
salary differentials and special pays). An employee separating from City
service shall be compensated for all accrued, unused CTE at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior
three years, whichever is higher.
C. Paychecks
1. Paychecks are distributed on the Fifth (5th) and Twentieth (20th) day of every month. If
the paycheck distribution day falls on a Friday or holiday, or if another situation arises
that warrants an earlier paycheck release date, paychecks will be distributed on the
Thursday prior to the usual date for distribution.
2. The City makes all legally required deductions from employee payroll checks and may
make voluntary deductions toward benefit contributions upon the enrollment and
approval of the employee.
3. Each employee remains responsible for their own tax planning and for the consequences
thereof. The City does not cash employee payroll checks. The City strongly encourages
employees to use the available option for “Direct Deposit” of payroll checks.
RULE XXV ATTENDANCE AND LEAVES
A. Attendance
Employees must be in attendance on time at their work station or location in accordance with
these Rules or Department policies regarding hours of work, holidays, and leaves. Employees must
make every effort to schedule personal appointments outside their working hours. Employee
adherence to the Rules governing attendance, procedures governing use of leaves of absence,
and tardiness will be reviewed and evaluated during the employee’s annual performance
evaluation.
B. Scheduling Leaves of Absence
All scheduled leave will need to be coordinated on a City-wide basis in order to ensure
appropriate staffing and coverage in all departments. Unless otherwise provided in these Rules,
all leave must be approved by the supervisor, Department Head, and in some cases, the City
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Manager.
C. Vacation
1. Eligibility
The City provides vacation benefits to all eligible full-time employees. Eligible employees
earn vacation leave while in paid status until they reach the applicable vacation accrual
cap. New employees accrue vacation and the accrued time can be used pursuant to the
applicable MOU.
2. Accrual
a. Newly-appointed employees. Newly appointed employees will have their vacation accrual pro-rated for the first pay period if they are hired in the middle
of a pay period.
b. Accrual based on years of service. Vacation time is accrued based on length of
service as outlined in the appropriate MOU.
c. Cap. Employees may accrue or “carry over” earned but unused vacation time up
to a maximum number of hours as outlined in their MOU. When an employee
reaches the cap, they shall cease earning vacation leave until their leave balance
falls below the cap. Vacation leave will not accrue during leaves of absence
without pay unless required by law.
3. Cash-out during employment. The City will cash-out unused vacation time as outlined in
the appropriate MOU.
4. Procedure to Request Use of Vacation. Vacation leave may not be used until it is earned.
Employees requesting vacation must request the time off from their supervisor with a
minimum of one week’s advance written notice prior to taking leave, unless waived by
the supervisor. The City reserves the right to refuse an employee's request for vacation
if scheduling the vacation at the time requested will have an adverse effect on the
operation of the City’s business. Use of vacation time in emergency situations is subject
to approval by the City Manager.
5. Payment upon Separation. Employees who separate from City service will be paid for
the full balance of their accrued but unused vacation pay at their rate of pay at the time
of separation. Newly appointed probationary employees are not entitled to have their
vacation time cashed out upon separation.
D. Sick Leave
1. Purposes for Sick Leave
Sick leave is paid leave from work that can be used for the following purposes:
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a. 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; or
b. For an employee who is a victim of domestic violence, sexual assault, or stalking
to: i) obtain or attempt to obtain a temporary restraining order or other court
assistance to help ensure the health safety or welfare of the employee or their
child; or ii) obtain medical attention or psychological counseling; services from a
shelter; program or crisis center; or participate in safety planning or other actions
to increase safety.
2. Definitions
a. Employee: For purposes of this Section an “Employee” without further
modification includes all full and part-time City employees, regardless of hire
date.
b. New Hire: For purposes of this Section, a “New Hire” refers to any employee
hired to work at the City on or after the Effective Date of these Rules.
3. Terms of Sick Leave
a. Accrual & Carryover for Different Categories of Employees
i. Full-time employees and part-time employees who are not temporary
employees accrue sick leave as outlined in their MOU. Accrued sick
leave carries over from year to year. Employees may carryover up to the
maximum number of hours of sick leave per year as outlined in their
MOU.
ii. A part-time employee who works 30 or more days within a year from
the commencement of employment with the City accrues one hour of
paid sick leave for every 30 hours worked. Accrued and unused sick
leave carries over to the following year of employment but a part-time
employee stops earning sick leave once they have accrued 48 hours or
6 work days/shifts, whichever is greater.
b. Sick Leave Use
A full-time employee may use accrued sick leave when it is available in a
minimum increment of 15 minutes, subject to the limits and request provisions
in these Rules.
A part-time or temporary employee may use accrued sick leave, in a minimum
increment of 15 minutes, beginning on the 90th day after the first day of
employment with the City, subject to the limits and request provisions in these
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Rules.
c. Sick Leave Request
To request to use sick leave if the need for leave is foreseeable, an employee
must give the immediate supervisor reasonable advance written or oral notice.
If the need for sick leave is not foreseeable, the employee shall provide written
or oral notice of the need for the leave as soon as practicable. If the employee
is required to be absent on sick leave for more than one day, the employee must
keep the immediate supervisor informed each day as to the date the employee
expects to return to work and the purpose of the leave. Failure to request sick leave as required by this Rule without good reason, may result in the employee
being treated as absent without leave.
4. Recording Use of Sick Leave
If an employee uses sick leave, it must be recorded in 15-minute increments. If the
employee exhausts their sick leave, the employee may request to use available vacation
or comp time. If the employee exhausts all available paid leaves of absence, the
employee may request an unpaid Medical Leave of Absence.
5. Medical Certification
The City may require that employees provide a physician's certification to support any
absence that involves the illness of the employee or family member if the City suspects
that there is an abuse of sick leave by the employee. All employees who use paid leave
to address issues related to domestic violence, sexual assault or stalking, and who cannot
provide advance notice of their need for leave must provide certification of the need for
leave within a reasonable time thereafter.
6. Compensation for Unused Sick Leave for Eligible Employees upon Separation
Sick leave may or may not be converted to cash upon termination, resignation,
retirement, other separation from employment as outlined in the appropriate MOU.
Unused sick leave may be converted to retirement service credits only as may be
permitted under applicable retirement system laws and regulations.
7. Reinstatement of Unused Sick Leave Balances
An eligible part-time employee who separates from employment with the City and
returns to active employment within 12 months of their separation date will have their
accrued and unused sick leave balance reinstated, up to a maximum of 48 hours or 6 days,
whichever is greater. For purposes of this provision, unused sick leave is leave that was
accrued, but never taken by the employee or cashed out, up to 48 hours. An employee
who worked at least 90 days in the initial employment with the City may immediately
use reinstated sick leave. An employee who had not worked 90 days in the initial
employment with the City must work the remaining amount of the 90 day-qualifying
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period to be able to use accrued sick leave.
8. Abuse of Sick Leave
Employees who do not comply with this Rule, or use sick leave for reasons other than for
a valid purpose, are committing abuse of sick leave, which is grounds for discipline. The
City reserves the right to take reasonable steps to determine whether an employee is
abusing sick leave, including, but not limited to, attempting in-person or electronic
communication with the employee using sick leave, identifying and tracking consistent
patterns of sick leave use, such as in connection with weekends, holidays, and scheduled
days off, and considering social media content or other relevant evidence that is either
publicly available or shared voluntarily by other employees or interested individuals.
E. Administrative Leave
The City has the right to place an employee on leave with full pay for non-disciplinary reasons at
any time when the Human Resources Manager determines that the employee’s or City’s best
interests warrant the leave. The employee does not have a right to appeal the decision to be
placed on administrative leave with pay.
An employee assigned to administrative leave will be required to be reasonably available by
phone during their regular working hours. In addition, employees on an administrative leave are
prohibited from entering City facilities or property, except to the extent that non-employees may
access City facilities, property, or communicate with City employees, except union
representatives,. The City Manager may place other reasonable restrictions on an employee
during the period of administrative leave, depending on the circumstances.
F. Fitness for Duty Leave
1. In General
Employees are expected to report to work fit for duty, which means able to perform
their job duties in a safe, appropriate, and effective manner, with or without reasonable
accommodation. If an employee feels that they are not fit to perform their duties, they
must notify their supervisor immediately.
2. Reasons for Fitness for Duty Leave
A paid Fitness for Duty Leave may be ordered by the City in any of the following
situations:
a. An employee is involved in the interactive process with the City.
b. A supervisor observes or receives a reliable report of an employee’s possible
lack of fitness for duty. Observations and reports may be based on, but are not
limited to, factors such as an employee’s own statements regarding impairment
or difficulty performing job duties or other indication of potential unfitness;
objective evidence of impaired dexterity, coordination, alertness, speech, vision
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acuity, or concentration in performance of job duties; disproportionate
response to criticism; or inappropriate or uncharacteristic interactions with the
public, co-workers, or supervisors.
c. Fitness for duty examinations based on a reasonable suspicion that an employee
is under the influence of illegal drugs or alcohol will be conducted in accordance
with the City’s Drug and Alcohol Policy.
3. Procedures for Ordering a Fitness for Duty Examination
When a supervisor becomes aware of, or observes, behavior that makes them reasonably
suspect that the employee may not be fit for duty, the supervisor must notify the Human Resources Manager who will determine whether to schedule the employee for a fitness
for duty examination. If the circumstances warrant it, the Human Resources Manager,
after conferring with the employee’s Department Head, may place the employee on paid
Fitness for Duty leave pending the results of the employee’s fitness for duty
examination. The examination will be paid for by the City.
4. Procedure Following Receipt of Examination Results
a. Fit for Duty
If the doctor finds the employee is fit for duty, the employee will return to work
immediately and perform all duties of their position.
b. Fit for Duty with Restrictions
If the doctor finds the employee is fit for duty with restrictions, the doctor will
specifically enumerate what functional restrictions are necessary in relation to
the employee’s job duties and for how long those restrictions are necessary.
c. Unfit for Duty
If the employee is found to be unfit for duty in their current position, they will
not be permitted to return to work in that position.
5. Interactive Process
For employees found unfit for duty or fit with restrictions, the City will evaluate
the restrictions, if any, and engage in the interactive process to determine
whether a reasonable accommodation is available.
G. Bereavement Leave
Full-time employees may receive up to three days of paid bereavement leave, upon approval of
their Department Head, to attend a funeral or memorial service or to take care of family matters
that are related to the death of a member of immediate family. An employee may take two
additional paid or unpaid days. Employees have up to three months to use their bereavement
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leave. For purposes of this provision, “Immediate family” consists of the following: employee’s
spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister,
mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or
custodial child, or the same relatives of a domestic partner. Employees are entitled to up to three
days for each death in the immediate family. An employee who utilizes bereavement leave shall
notify their supervisor or department head of the intent to use such leave. Reasonable proof of
death and/or relationship to employee may be required.
The Department Director may grant one (1) additional shift in the event of a death which
requires extended travel.
H. Military Leave
Employees who require time off from work to fulfill military duties will be treated in accordance
with the applicable requirements of state and federal law. An employee requesting leave for this
purpose must notify the Department Head, as soon as possible, and provide a copy of the
military orders specifying the dates, site, and purpose of the activity or mission. Within the limits
of such orders, the department head may determine when the leave is to be taken and may
modify the employee’s work schedule to accommodate the request for leave.
I. Jury Duty
A full-time employee, who is summoned to serve on a jury must notify their supervisor or
department director as soon as possible after receiving notice of both possible and actual jury
service in order to receive time off for the period of actual service required. All full-time
employees, except sworn police personnel, shall be entitled to a paid leave of absence when
called to serve on jury duty for an unlimited number of days of jury service. Jury service fees,
excluding mileage, shall be returned to the City and the employee shall continue to receive their
regular pay.
Employees shall return to their regular work assignment to complete their daily work hours if
more than three (3) hours remain in the work day when dismissed from jury service or when
employees are not called for service until the afternoon of a regular workday.
Employees called for jury service on their regular days off will not receive additional
compensation. However, employees may keep any jury service fees received for service on a day
off. Jury service shall not be counted as hours worked for overtime purposes.
Jury service shall be noted on timecards and a notation that Jury Duty was served for those hours.
A record of attendance from the court shall be provided by the employee and submitted with the
payroll.
J. Other Court or Administrative Proceeding Appearances
1. Subpoenas
An employee who is subpoenaed to appear in court in a matter regarding an event or
transaction which they observed or investigated in the course of their City job duties must
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give their supervisor as much advance notice as is possible. The City will determine
whether the matter involves an event or transaction in the course of the employee’s City
job duties. If so, this leave to appear in court will be without loss of compensation, and
the time spent will be considered work time. If the employee is fully compensated by the
City to appear in court, they must return to the City the amount of pay the employee
receives for witness fees.
2. Exception for Employee-Initiated or Non-City Related Lawsuits
An employee subpoenaed to appear in court in a matter unrelated to their City job duties
or because of civil or administrative proceedings that they initiated will not receive compensation for time spent related to those proceedings. An employee may request to
receive time off without pay, or may use any accrued leave other than sick leave for time
spent related to those proceedings. The time spent in these proceedings is not considered
work time. Notwithstanding the above, an employee who is testifying or appearing as the
designated representative in PERB conferences or hearings or at a personnel or merit
commission is entitled to paid release time.
3. Crime Victim/ Victim Family Member Court Attendance Leave
Any employee, including a temporary employee, who is a victim of a crime that is a serious
or violent felony, or a felony involving theft or embezzlement, may take leave from work
to attend judicial proceedings related to that crime, if the employee provides the City a
copy of the notice of the scheduled proceeding in advance. If advance notice is not
feasible, the employee must provide the City, within a reasonable time after the leave is
taken, documentation from the District Attorney, victim’s rights office, or court/
governing agency that shows that the judicial proceeding occurred when the leave was
used. An employee who is an immediate family member of such a crime victim, including:
a registered domestic partner; the child of the registered domestic partner; spouse; child;
stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or
stepfather of the crime victim is also entitled to leave from work to attend judicial
proceedings relating to that crime. The leave is unpaid unless the employee elects to use
accrued vacation, sick, or other paid leave, or compensatory time off.
4. Crime Victim/ Family Member Victims’ Rights Proceedings Leave
Any employee, including a temporary employee, who is a victim of a crime listed in Labor
Code section 230.5(a)(2), may take leave from work to appear in court to be heard at any
proceeding in which the right of the victim is at issue, if the employee provides the
employer reasonable advance notice. If advance notice is not feasible, the employee must
provide the City, within a reasonable time after the leave is taken, certification from a
police report, a district attorney or court, or from a health care provider or victim
advocate, that the employee was a victim of any of the crimes listed in Labor Code section
230.5(a)(2). An employee who is a spouse, parent, child, sibling, or guardian of such a
crime victim is also a victim who is entitled to this leave if the above notice or certification
requirements are met. The leave is unpaid unless the employee elects to use accrued
vacation, sick, or other paid leave, or compensatory time off.
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5. Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining
Orders or Injunctive Relief
Any employee, including a temporary employee, who is a victim of domestic violence,
sexual assault, or stalking, may take leave from work to obtain or attempt to obtain any
relief, including, but not limited to: a temporary restraining order, restraining order, or
other injunctive relief to help ensure the health, safety, or welfare of the employee or
their child, if the employee provides advance notice of the need for leave. If advance
notice is not feasible, the employee must provide any of the following certifications within
a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the
district attorney or court that the employee has appeared in court; or documentation
from a health care provider or counselor that the employee was undergoing treatment
for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to
use accrued vacation, sick, or other paid leave, or compensatory time off.
6. Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Medical
Attention or Counseling or Safety Planning
Any employee, including a temporary employee, who is a victim of domestic violence,
sexual assault, or stalking, may take leave from work to attend to any of the following:
obtaining medical attention or psychological counseling; obtaining services from a
shelter, program or crisis center; or participating in safety planning or other actions to
increase safety, if the employee provides advance notice of the employee’s intention to
take time off for these purposes. If advance notice is not feasible, the employee must
provide any of the following to the City within a reasonable time after the leave: a police
report indicating that the employee was a victim; a court order protecting the employee
from the perpetrator; evidence from the district attorney or court that the employee has
appeared in court; or documentation from a health care provider or counselor that the
employee was undergoing treatment for physical or mental injuries or abuse. The leave
is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or
compensatory time off.
K. Voting Leave
Any employee, if they do not have sufficient time outside of working hours to vote, may request
up to two hours of paid leave either at the beginning or end of scheduled working hours to enable
them to vote. Employees must request time off to vote from their immediate supervisor at least
two days prior to the election.
L. Leave Because of Pregnancy, Childbirth, or Related Medical Condition (PDL)
a. Employees who are disabled due to pregnancy, childbirth, or related medical
conditions are entitled to an unpaid leave for up to the number of hours they
would normally work within four 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 hour per week times 17 1/3 weeks.
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An employee who works less than 40 hours per week will receive a pro rata or
proportional amount of leave.
b. In addition, an employee affected by conditions related to pregnancy, childbirth,
or related medical conditions is entitled to temporarily transfer to a less
strenuous or hazardous position or duties, or request another form of
reasonable accommodation upon the certification of the employee’s health care
provider that the transfer or other request is medically advisable, and can be
reasonably accommodated. Further details are contained in the City’s Family
and Medical Leave Policy.
M. Family Medical and Care Leave (FMLA/CFRA)
a. The City provides family and medical care leave for eligible employees as required by State
and Federal law. Employees who misuse or abuse family and medical care leave may be
disciplined up to and including termination. Employees who fraudulently obtain or use CFRA
leave are not protected by the CFRA’s job restoration or maintenance of health benefits
provisions. This Policy is supplemented by the Federal Family and Medical Leave Act
(“FMLA”), and the California Family Rights Act (“CFRA”). Unless otherwise provided by this
policy, “Leave” will mean leave pursuant to the FMLA and CFRA. Unless otherwise provided
by law, the City will run each employee’s FMLA and CFRA leaves concurrently.
b. Further details are contained in the City’s Family and Medical Leave Policy.
N. Work-related Injury/Illness Leave
Employees, other than those covered by Labor Code section 4850, who are absent from work by
reason of an injury or illness covered by Workers’ Compensation, shall continue in pay status
under the following provisions. The City shall also designate this time off work as a leave under
the FMLA/CFRA.
1. Coordination of Benefits
When the employee authorizes, the difference between the amount granted pursuant to
such Workers’ Compensation leave and the employee’s regular pay will be deducted from
the employee’s accumulated sick leave, vacation, personal holidays, and compensatory
time, if any. The employee will continue in pay status and receive their pay until their
accumulated sick leave, and authorized compensatory time, personal holidays, and
vacation days, have been depleted to the nearest hour.
2. Accrual of Sick and Vacation Leave Continues While on Paid Leave
During the time the employee is in fully paid status while absent from work by reason of
injury or illness covered by Workers’ Compensation, they shall continue to accrue sick
leave and vacation benefits as though they were not on a leave of absence.
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3. Unpaid Leave and Continuation of Health Care Benefits
Any employee subject to this Rule who depletes their accumulated sick leave,
compensatory time, personal holiday time, and vacation days while absent from work by
reason of an injury or illness covered by Workers’ Compensation may receive an unpaid
leave of absence and continuation of health care benefits consistent with state and/or
federal law.
4. Employees Covered by Labor Code Section 4850
Sworn Police and Fire employees covered by Labor Code section 4850 et seq. will be
allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law. The employee will continue
to accrue sick leave and vacation benefits while in paid status.
5. Coordination of Benefits after 4850 Leave
Whenever the injury or illness continues beyond the one-year 4850 leave period, and
when the employee authorizes, the difference between the amount granted pursuant to
such Workers’ Compensation leave and the employee’s pay may be deducted from the
employee’s accumulated sick and vacation leave, personal holidays, and compensatory
time, if any. Thereafter, the employee may receive an unpaid leave of absence and
continuation of health care benefits consistent with state and/or federal law.
O. School-Related Leave
1. School or Licensed Day Care Activity Leave
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or
person who stands in loco parentis to one or more children who are in kindergarten or
grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40
hours each school year, not to exceed eight hours in any calendar month of the school
year, to: participate in activities of their child’s school or licensed child care facility; find,
enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a
child due to a child care provider or school emergency. The employee must provide
reasonable advance notice to their supervisor of the planned absence. The leave is unpaid
unless the employee uses vacation, personal leave, or compensatory time off. The
employee must provide documentation from the school or licensed child care facility as
verification that the employee participated in school or child care facility activities on a
specific date and at a particular time. If both parents, guardians, or grandparents having
custody work for the City at the same City work site, only the first parent requesting will
be entitled to leave under this provision.
2. Child Suspension Leave
Any employee who is the parent or guardian of a child in grades 1 through 12 may take
time off to go to the child’s school in response to a request from the child’s school, if the
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employee gives advance notice to their supervisor. A school has the authority to request
that the parent attend the child’s school if the child has: committed any obscene act;
habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully
defied the valid authority of school personnel.
RULE XXVI LEAVE DONATION POLICY
A. Purpose
The purpose of this policy regarding donation of accrued leave is to provide paid leave for
employees with a catastrophic injury or illness who have exhausted all other paid leave.
This policy will apply to all full-time employees who are facing a catastrophic illness or
injury, are simultaneously eligible to accrue vacation, sick, or other types of leave, and have
exhausted said leave(s). This policy will also apply to all full-time employees as described
above who need to take leave to care for a spouse, parent, or child facing a catastrophic
illness or injury in accordance with FMLA and CFRA. Employees receiving worker’s
compensation benefits are not eligible for participation in the Catastrophic Leave Donation
Program.
B. Policy
An employee who has accrued vacation or compensatory time may donate a part of their
accrued time to another employee who is or will be absent for an extended period of time
for catastrophic medical reasons or to care for a spouse, child, or parent facing a catastrophic illness or injury, and who does not have sufficient accrued leave time to cover
their absence.
Upon verification from a medical authority that an employee has been stricken by a
catastrophic illness or injury and is incapacitated from performing their job duties, or that
an employee’s family member (spouse, child, or parent as defined by the Family Medical
Leave Act (FMLA)/California Family Rights Act (CFRA)) has been stricken with a catastrophic
illness or injury, and upon verification that the employee has exhausted all of their
accumulated leave, the Department Head and the City Manager may determine that an
employee is eligible to receive donations of accumulated leave time from fellow employees.
Catastrophic injury or illness is defined as a life threatening injury or illness of an employee
which totally incapacitates the employee from work, as verified by a licensed physician, and
forces the employee to exhaust all leave time earned by that employee, resulting in the loss
of compensation from the City for the employee. Conditions that are short term in nature,
including, but not limited to, common illnesses such as colds, influenza, measles, or other
illnesses or injuries are not catastrophic. In addition, pregnancy, labor, and delivery are not
catastrophic, unless complications arise. Chronic illnesses or injuries, such as cancer, AIDS,
residual effects of stroke, or major surgery which result in intermittent absences from work
and which are long-term in nature and require long recuperation periods may be
considered catastrophic.
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Upon determination that an employee is eligible, a notice shall be distributed to all
employees through the Human Resources Department advising that accumulated leave
hours may be donated to the eligible employee. The maximum amount of total donation
an employee may receive in a 12-month period is 1020 hours. The maximum amount an
employee may receive to care for a family member (spouse, child, or parent) in a 12-month
period is 480 hours. The 12-month period means a rolling 12-month period measured
backward from the date leave is first taken.
All accrued leave of the recipient accrued during their absence will be used before any
donations are applied. These hours must be integrated with the employee’s disability benefit payments if applicable. In no event shall an employee receive a combination of
leave donations and disability payments in an amount that would exceed the employee’s
pre-incident earnings.
The minimum number of hours that may be donated by an employee is one (1). Donation
of time shall be limited to accrued vacation, compensatory time, sick time, or floating
holidays and does not include administrative leave, or any other accumulated leave. An
employee donating sick time must maintain a minimum of 80 hours of accrued sick leave,
and may not donate sick time if their accrued sick leave balance is below 80 hours.
Donations are reflected as an hour-for-hour deduction from the leave balance of the
donating employee and will be received on an hour-for-hour basis by the recipient,
regardless of the differing pay rates. Donated hours will not be deducted from the donor’s
leave balance until transferred to the receiving employee.
Donations will be provided to the recipient employee incrementally each pay period in the
order which the donations were received. If all of the donated hours are not used by the
time the recipient returns to work, then the unused hours will not be processed through
Payroll and the donor will be notified that the hours were not used.
Employees wishing to donate leave time must complete a “Donation of Leave” form so that
the time may be credited to the proper person. This form is to be submitted to the Human
Resources Department. All employee participation in the Catastrophic Leave Donation
Program is on a strictly voluntary basis. No employee shall be coerced, threatened,
intimidated, or financially induced into donating paid leave time to this program. Donations
shall be kept confidential and shall not be revealed to the recipient, other donors, and/or
other employees.
Donations are not tax deductible for the donating employee. Donated leave time is subject
to the recipient’s normal payroll deductions and is subject to all taxes as required by law.
C. Long-Term and Short-Term Disability Payments
1. In General
a. The City does not participate in State Disability Insurance/Paid Family Leave
programs operated by the State of California. However, benefit eligible
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employees who are continuously disabled due to a non-industrial accident or
illness, or pregnancy, may be eligible for either short-term (“STD”) and/or long-
term disability (“LTD”) benefits.
b. STD/LTD benefits are offered under a contract between the City and the
STD/LTD carrier, which is subject to change at any time. The City encourages
benefit eligible employees to review the coverage and policy benefits contained
in the booklet from the STD/LTD carrier and to contact Human Resources with
any questions.
2. Use of Paid Leaves
a. At any time during the elimination period, an employee may submit an
irrevocable request to Human Resources to use available, accrued paid leave to
maintain their full salary for one or more days for the remainder of the
elimination period.
b. At any time during the City’s Self-Insured Period, the employee may request to
coordinate any remaining paid leaves with the STD/LTD benefit to continue to
receive full salary for one or more days.
c. At no time will an employee’s use or coordination of paid leave result in
compensation greater than 100% of the employee’s current base rate of pay.
d. An employee will not receive pay for any holiday during the elimination period
on which the employee is not using paid leave. Employees who are using paid
leave during the elimination period will receive the paid holiday and will not be
required to use accrued leave time to cover that day.
e. For any period of time in which an employee uses one or more full day of paid
leaves, they will continue to accrue paid leave time. For any period of time in
which an employee does not use or coordinate paid leaves while receiving
STD/LTD benefits, they will not accrue any paid leave time.
RULE XXVII HOLIDAYS
A. Holidays Observed
Full-time employees, except temporary employees, receive the following City-observed holidays
with pay.
1. New Year’s Day
2. Martin Luther King Jr. Day
3. Presidents Day
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4. Cesar Chavez Day
5. Memorial Day
6. Juneteenth
7. Independence Day
8. Labor Day
9. Veterans Day
10. Thanksgiving Day
11. Day After Thanksgiving
12. Christmas Day
B. Guidelines for Determining Date of Observation
1. If a holiday falls on a Sunday, the following Monday is observed as the holiday.
2. If a holiday falls on a Friday or Saturday, employees will receive “Holiday Comp” time.
C. Change to Schedule or Observance of Holidays
The City reserves the right to change the schedule or observance of paid holidays. In the event of
such a change, employees will be given as much advance notice as is practicable.
D. Compensation for Holidays
1. Employees entitled to paid holidays who observe the holiday shall be paid for the
number of hours the employee was scheduled to work had it not been a holiday.
2. If a non-exempt, full-time employee is required to work on a holiday by their
Department Head, the City shall compensate the employee at one and one-half of their
hourly rate in lieu of time off for the holiday in addition to Holiday Comp Time or Pay.
a. Holiday Comp Time is accrued up to a maximum and cashed out in accordance with the
applicable MOU.
E. Effect of Holiday on Vacation Leave
If one or more holidays falls within a vacation leave that an eligible full-time employee is taking,
such holiday shall not be charged as vacation leave.
F. Holiday Flex Time
Full-time employees, excluding temporary employees, will receive ten (10) hours of Holiday Flex
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Time for the following purpose: these ten hours can only be used for either Christmas Eve
(December 24th) or New Year’s Eve (December 31st). The hours may also be split into two days,
using five (5) hours each day (applies to Christmas Eve and New Year’s Eve only). Taking into
consideration the employee’s preference, Department Heads will coordinate such leave to ensure
there is adequate coverage for the department. Police employees who are required to work those
two dates have until January 31st to use the ten (10) hours. The hours cannot be cashed-out and
cannot be carried over from January 31st. In years when December 25th and 31st fall on Friday,
Saturday, or Sunday, non-sworn employees will not receive Holiday Flex Time.
RULE XXVIII PERFORMANCE EVALUATIONS
A. Purpose
Performance evaluations are used to evaluate employees’ work performance during the
evaluation period, to set goals for the coming year, to communicate expectations, and to
determine eligibility for merit salary increases. Job performance is measured against various
factors, including, but not limited to, quality and quantity of work, attendance and dependability,
attitude, communication and interpersonal skills, and safety.
B. Timeframe for Evaluations
1. During the probationary period, evaluations are conducted quarterly. Following
successful completion of the probationary period, performance evaluations are
conducted annually on an employee’s Anniversary Date. Supervisors, however, may evaluate a subordinate’s performance as often as the supervisor deems appropriate, for
legitimate business reasons, in consultation with the Human Resources Department.
2. Department Heads are responsible for the timely evaluation of employees in their
departments, and they may solicit the assistance of lower level supervisors in the
preparation of the performance evaluation.
C. Evaluation Process
1. Evaluations must be documented in writing on forms or system prescribed by the City.
The employee’s supervisor will prepare and sign the evaluation for each evaluation
period. The supervisor(s) will review the evaluation in a private meeting with the
employee. The employee should sign the performance evaluation to acknowledge that
the employee is aware of its contents and has discussed the evaluation with their
supervisor; an employee’s refusal to sign will be noted by the supervisor on the
evaluation along with the date of the meeting. The employee’s signature on the
evaluation does not indicate agreement with its contents, and an employee’s refusal to
sign will not prevent the City from taking further steps based on the evaluation. The
Department Head will review and approve all performance evaluations of subordinates
in their department. The City Manager will review and approve all performance
evaluations of department heads or any other employees under their direct supervision.
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2. The employee will receive a copy of the evaluation after the meeting with the
supervisor(s) and the original evaluation will be placed in the employee’s personnel file.
3. An employee does not have the right to appeal or submit a grievance regarding any matter
relating to the content of a performance evaluation. Instead, the employee may
comment on the evaluation in a written statement which will then be placed with the
evaluation in the employee’s personnel file. The written statement must be submitted
within 10 calendar days of the employee’s receipt of the evaluation. The employee’s
right to submit a written statement does not preclude a supervisor from taking
immediate steps to address performance issues, including, but not limited to,
implementing a performance improvement plan.
D. Confidentiality
The content of each employee evaluation report is confidential and will not be discussed with or
by any person except the employee being evaluated, their immediate supervisor, the
Department Head, Human Resources Department, Deputy City Manager, and the City Manager.
RULE XXIX RECORDS AND REPORTS
A. Personnel Files
1. Maintenance
The City maintains a personnel file on each employee. Files are kept for at least three
years after separation of employment. An employee’s personnel file will contain only material that the City determines is necessary and relevant or that is required by law.
Personnel files are the property of the City, and access to the information they contain
is restricted to protect employee privacy interests. In accordance with state and federal
law, the City maintains a separate file with medical information for each employee.
2. Disclosure of Information
Upon request, the City will release information about its employees only to the extent
required by law. The City will not disclose information if it believes doing so would
constitute an unwarranted invasion of personal privacy or jeopardize the safety of law
enforcement personnel, subject to a written consent to release information signed by
the employee.
3. Inspection of a Current or Former Employee's Personnel File
a. A current employee may inspect their own personnel file, at reasonable times
and at reasonable intervals, within five (5) days of a written request. A former
employee is entitled to inspect their personnel records one time per year. A
current or former employee or their representative wishing to inspect their
personnel file must submit a written request to the Human Resources
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Department. Reasonable proof of identity may be required of former
employees. A current or former employee who seeks to authorize another
person to inspect copies of their personnel file must provide a satisfactory
written authorization.
b. The City will issue a written notice setting a date for inspection of the personnel
file within five (5) calendar days of receipt of the request. With the requesting
person's written consent, the date for inspection may be extended on one
occasion by up to five calendar days. If the requesting person is a former
employee who was terminated for violation of City rule, policy, or law involving harassment or workplace violence, the City will have discretion to mail a copy of
the personnel file at the City’s expense instead of scheduling an in-person
inspection.
c. A current employee may inspect their personnel file in the Human Resources
Department. Inspection by former employees and authorized Departments will
take place at Human Resources, unless otherwise mutually agreed in writing by
the City, and may require additional reasonable proof of identity.
d. A designated Human Resources employee must be present throughout the
inspection. No person inspecting a personnel file is permitted to add or remove
any document or other item to/from the personnel file.
4. Obtaining Copies of a Former Employee's Personnel File
A former employee is entitled to receive a copy of their personnel records within 30
days after the City receives a written request. A former employee who wishes to
receive such a copy should contact the Human Resources Department in writing. The
City may charge a fee for the actual cost of copying. The City will honor a request to
receive a copy of a former employee’s personnel file for less than 30 days under exigent
circumstances.
5. Obtaining Copies of a Current Employee's Personnel File
A current employee is entitled to receive a copy of their personnel records within 10
days after the City receives a written request. A current employee who wishes to
receive such a copy should contact the Human Resources Department in writing. The
City may charge a fee for the actual cost of copying. The City will honor a request to
receive a copy of a former employee’s personnel file for less than 10 days under exigent
circumstances.
6. Limitations on Access or Copying of Personnel File
Prior to making a copy of personnel records or allowing inspection, the City may redact the
names of nonsupervisory employees. Under no circumstances will the City provide access
or copying of the following categories of personnel file documents: records relating to the
investigation of a possible criminal offense; letters of reference; ratings, reports, or records
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that were obtained prior to employment, prepared by identifiable examination committee
members, or obtained in connection with a promotional examination.
7. Contact Information
Each employee is responsible for keeping their file up to date by promptly notifying the
Human Resources Department of any changes to relevant personal information,
including, but not limited to, mailing address, telephone number, emergency contact
information, and number and names of dependents.
8. Medical Information
All medical information about an employee or applicant is kept separately and is treated as confidential. Access to employee or applicant medical information shall be strictly
limited to the employee or those with a legitimate need to have such information for
City business reasons, or if access is required by law, subpoena, or court order. In the
case of an employee with a disability, managers and supervisors may be informed
regarding necessary restrictions on the work or duties of the employee and necessary
accommodations.
B. References
All requests from outside the City for reference checks or verification of employment concerning
any current or former employee must be referred to the Human Resources Department. Unless
a signed release is provided by the current or former employee, only the following limited
information will be provided: dates of employment and title upon departure. Supervisors are
not authorized to provide information in response to requests for reference checks or
verification of employment without prior approval of the Human Resources Department.
RULE XXX DISCIPLINE
A. Prohibited Conduct
To help the City achieve its mission of providing exceptional public services and facilities, City
employees are to conduct themselves in a professional and courteous manner at all times and to
accurately perform their job functions in a timely manner.
Discipline shall be administered in a fair and consistent manner and without regard to race, creed,
color, religion, age, sex, national origin, ancestry, physical or mental disability, sexual orientation,
gender identity, or other unlawful consideration. Nothing in this policy is intended to modify the
at-will nature of employment for positions listed in Rule 2.A, including at-will, probationary,
temporary, and part-time employees. At-will, probationary, temporary, and part-time employees
may be terminated without cause and without right of advance notice, grievance, or appeal.
It is not possible to list all the forms of behavior that are considered unacceptable in the
workplace; however, the following are examples of misconduct that may result in disciplinary
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action, up to and including termination of employment:
B. Grounds for Disciplinary Action
1. Deliberate falsification, misstatement, or omission of fact in completion of City records,
including, but not limited to, information provided in the employment application or to
secure appointment, promotion, or maintain employment, or in time records or financial
records.
2. Dishonesty; furnishing knowingly false information or in the course of the employee’s
duties and responsibilities; making any false representation or statement, or an omission
of a material fact.
3. Inefficiency, incompetence, carelessness, or negligence in the performance of duties.
4. Violation of safety rules or standards.
5. Violation of any of the provisions of these Rules, department rules and regulations, City
policies, or City ordinances or resolutions.
6. Unsatisfactory job performance or inefficiency in performance of job duties; inability to
perform the duties of the position.
7. Absence without authorized leave.
8. Excessive absenteeism and/or tardiness as defined by the employee’s department head,
and/or these Rules.
9. Use of leave from work in a manner not authorized or provided for under these Rules or
City policies.
10. Insubordination; refusal to complete a lawful work assignment.
11. Harassment, discrimination, or retaliation, as prohibited by law or by these Rules or
other City policy.
12. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to
the employee’s job duties.
13. Discourteous, disrespectful, uncooperative, and/or offensive treatment of the public,
volunteers, contractors, vendors, or other employees.
14. Misuse or unauthorized use of any City property, including, but not limited to: physical
property, electronic resources, supplies, tools, equipment, City communication systems,
City vehicles, or intellectual property.
15. Fighting, horseplay, assault, and/or battery, while on duty, in uniform, or under the guise
of office.
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16. Theft or sabotage of City property or the personal property of another.
17. Mishandling of public funds.
18. Abusive or bullying conduct, including malicious verbal, visual, or physical actions.
19. Sleeping on the job, except as specifically authorized.
20. Soliciting, receiving, or accepting, directly or indirectly, any money, gift, reward, service,
gratuity favor, hospitality, loan, or other consideration for any service or official action
rendered by the employee in violation of federal, state, or local law, or in violation of
these Rules or City policy.
21. Intimidation or interference with the rights of any employee on the job;; or willfully
restricting work output or encouraging others to do the same, unless a lawful strike.
22. Unapproved outside employment, enterprise, or activity that creates a conflict of
interest with service to the City.
23. Any conduct, both on and off the job, that impairs, disrupts, or causes discredit to the
City, to the public service, or other employees’ employment.
24. Reckless or unsafe conduct.
25. Working overtime without prior authorization or refusing to work assigned overtime.
26. Failure to obtain and/or maintain the necessary license or certification specified for the
position; failure to maintain minimum qualifications for a position including required
licenses or certificates, or other failure to maintain any employment qualification.
27. Abusive, inappropriate, and/or vulgar language toward or in the presence of others in
the workplace.
28. Gambling on City property or while on duty.
29. Use of influence of position with the City for private gain or advantage, or the use of
time, facilities, equipment, or supplies for private gain or advantage;
30. Carrying firearms or other dangerous weapons while on duty or on City property when
not required by job duties.
31. Violation of the City’s or a department’s confidentiality policies, or disclosure of
confidential City information to unauthorized persons or entities.
32. Positive illegal drug and/or alcohol test or possession of drug paraphernalia on City
property, facilities or in City vehicles.
33. Violation of work restrictions.
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C. Types of Reprimands and Discipline
1. The primary objective of the City’s disciplinary process is to correct the problem.
Depending on the type of employee, their employment history, and the seriousness of
their conduct, the following disciplinary measures may be used: oral reprimand, written
reprimand, suspension without pay, demotion, reduction in pay, and/or termination for
cause. The City is not required to take disciplinary actions in any sequential order.
2. Oral Reprimand
An oral reprimand is a verbal direction from a supervisory employee to discontinue
inappropriate conduct or to correct a performance issue. An oral reprimand will be documented in writing and retained in the supervisor’s file until the completion of the
evaluation year and then documented in the performance evaluation, as the supervisor
deems necessary. An oral reprimand is not subject to the discipline or discipline appeal
procedures described below.
3. Written Reprimand
A written reprimand is a formal notice to an employee that further disciplinary action
will be taken unless the employee’s behavior or performance improves. Reprimands
may be issued by a supervisor, Department Head, or the Deputy City Manager.
The reprimand will contain the nature of the infraction or misconduct, identify the facts
supporting the written reprimand, including dates and times of underlying events, and
describe the corrective action that must be taken by the employee to avoid further
disciplinary action being imposed.
A written reprimand will be signed by the person issuing it, countersigned by the
employee, and filed with the Human Resources Department for inclusion in the
employee’s personnel file. If the employee refuses to sign, that refusal will be noted
instead on the written reprimand. A copy of the reprimand will be provided to the
employee.
The employee may file a written response to the written reprimand with the Human
Resources Department within ten (10) working days from the date of receipt. The
employee’s timely written response will be included in the employee’s personnel file
with the written reprimand. No other form of response to, or appeal or grievance of, a
written reprimand is available.
4. Suspension Without Pay
The City may suspend an employee from their position without pay for cause.
Documents related to a suspension shall become part of the employee’s personnel file
when the suspension is final and also documented in the performance evaluation. A
suspension without pay is subject to the discipline and discipline appeal procedures
described below. Employees who are exempt from Fair Labor Standards Act (FLSA)
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overtime will only be suspended for one work week, unless the suspension is for a gross
safety violation, as authorized by the FLSA. Employees suspended from employment
without pay will forfeit the right to accrue or receive any rights, privileges, or benefits
during the suspension period, with the exception of insurance benefits.
A non-exempt employee is not eligible to work overtime during any work week in which
a suspension is imposed. Exceptions to this eligibility rule may be granted in an
emergency situation by the Department Head, with the concurrence of the City
Manager.
5. Involuntary Demotion
The City may involuntarily demote an employee from their position for cause. Documents
related to a demotion shall become part of the employee’s personnel file when the
demotion is final and also documented in the performance evaluation. A demotion is
subject to the discipline and discipline appeal procedures described below.
6. Reduction in Pay
The City may reduce an employee’s pay for cause. A reduction in pay for disciplinary
purposes may take one of two forms: 1) a decrease in salary to a lower step within the
salary range; or 2) a decrease in salary paid to an employee for a fixed period of time.
Documents related to a reduction in pay shall become part of the employee’s personnel
file when the reduction in pay is final and also documented in the performance
evaluation. A reduction in pay is subject to the discipline and discipline appeal
procedures described below.
A reduction in pay may not be imposed as a disciplinary measure upon employees who
are considered exempt under the Fair Labor Standards Act (FLSA). The provisions of this
Rule shall not apply to reductions in pay or benefits which are a part of a general plan to
reduce salaries, wages, or benefits, or to a general plan to eliminate positions or reduce
services as determined by the City.
7. Discharge/Termination
An employee may be terminated from their position for cause. Employees terminated in
accordance with these Rules will forfeit entitlement to all employee benefits except
benefits to which the employee is statutorily entitled or otherwise entitled under these
Rules. Documents related to the dismissal shall become a part of an employee’s
personnel file when the dismissal is final. A dismissed employee is entitled to the
discipline and discipline appeal procedures described below.
D. Authority to Discipline
1. The City Manager, Deputy City Manager, and the Department Heads have the authority
to reprimand, demote, reduce the pay of, suspend, or terminate regular employees for
reasonable cause. Supervisors have the authority to reprimand employees. Exempt
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employees will not be subject to any disciplinary action that would eliminate their
exempt status under applicable state or federal wage and hour laws.
2. The Human Resources Manager or their designee will be the Skelly Officer, who will
initiate all proposed suspensions, involuntary demotions, reductions in pay, and
terminations for cause with a Notice of Intent.
3. In the event that the City Manager intends to discipline an employee directly, the City
Manager will be the Skelly Officer.
E. Due Process
1. Notice of Intent
In instances of disciplinary actions which result in financial detriment to the employee—
i.e., dismissal, demotion, salary reduction, and suspension without pay—a written
notice of the proposed disciplinary action (a “Notice of Intent”) shall be submitted to the
affected employee at least ten (10) working days prior to the proposed effective date
of the disciplinary action. In emergency situations when prior notification is not
practicable, an employee may be suspended with pay until such notice is given and until
the proposed action becomes effective.
The Notice of Intent will include the following:
a. The proposed disciplinary action, the proposed effective date, and specific
charges upon which the proposed disciplinary action is based and any
documents, recordings, electronic media or other evidence upon which the
action is based.
b. A statement that the employee has been provided all copies of all written
materials, reports, or documents upon which the proposed action is based.
c. A statement informing the employee of their right to respond, either orally or in
writing, to the Notice of Intent within ten (10) working days of receipt. Failure
to respond during the time specified shall constitute a waiver of the right to
respond prior to imposition of the proposed action.
d. A statement of the employee’s right to have a representative of their choice at
the Skelly conference, the name and title of the Skelly Officer and the date, time
and location of the Skelly conference.
e. A statement that the employee’s failure to respond by the time specified
constitutes a waiver of the right to respond prior to final discipline being
imposed.
f. The employee’s signature on the Notice of Intent will acknowledge receipt by
the employee. If the employee refuses to sign, that refusal will be noted on the
Notice of Intent.
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A copy of the Notice of Intent will be filed with Human Resources.
2. Employee Response Procedure
As provided in Section E.1 of this Rule, above, the employee will have the right to
respond, either orally or in writing, to the Skelly Officer concerning the proposed
disciplinary action within ten (10) working days after the employee has been served
with the Notice of Intent. If the employee does not provide a response within the time
specified, then the proposed action will be considered conclusive and will take effect as
set forth in the Notice of Intent.
If the employee requests a Skelly conference, the Skelly Officer will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the
opportunity to rebut the charges against him or her and present any mitigating
circumstances, but shall not have the opportunity to provide witnesses or conduct a
cross-examination of witnesses or evidence presented by the City. The Skelly Officer will
consider the employee’s presentation before issuing the disciplinary action. The
employee’s failure to attend the conference, or to deliver a written response by the date
specified in the Skelly notice, is a waiver of the right to respond, unless mutually extended,
and the intended disciplinary action will be imposed on the date specified in the Notice
of Intent.
If, after meeting with the employee or reviewing a written response, the Skelly Officer
determines that the employee’s response warrants further investigation, they may delay
the implementation or modification of the proposed disciplinary action until such time
as the further investigation is completed. In the event the investigation produces facts
that warrant more severe disciplinary action than originally proposed, the Skelly Officer
will re-implement the notification procedures in Section E.1. of this Rule.
3. Final Decision and Notice of Imposition
The Skelly Officer has the authority, after considering the employee’s response and
additional investigation, to: (a) impose the intended disciplinary action; (b) modify the
intended disciplinary action; or (c) take no disciplinary action.
If the Skelly Officer decides to impose the intended disciplinary action as originally
proposed, then they will provide the employee with a Notice of Imposition that contains
the following:
a. The level of discipline to be imposed and the effective date of the discipline;
b. The specific charges upon which the discipline is based;
c. A summary of the facts that show that the elements of each charge at issue in
the intended discipline;
d. All copies of all written materials, reports, or documents upon which the final
action is based; and,
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e. A reference to the employee’s appeal right and deadline to appeal.
If the Skelly Officer decides to modify the proposed action, then they will notify the
employee by either issuing a revised Notice of Intent (for more severe disciplinary action
than originally proposed) or a Notice of Imposition (for less severe disciplinary action
than originally proposed). The Notice of Imposition will also include the information as
set forth in this Section E.3 above.
If the Skelly Officer decides to rescind the proposed disciplinary action, they will advise
the employee in writing, and the original Notice of Intent will be withdrawn with no
record made in the employee’s personnel file.
4. Delivery of Notice of Imposition or Final Decision
The Notice of Imposition or other final decision of the Skelly Officer will be delivered to
the affected employee personally or sent to the employee by either overnight mail
and/or certified or registered mail, return receipt requested, at the employee’s last
known address. If the notice is not deliverable because the employee has moved without
notifying the City or the employee refuses to accept delivery, the effective date of
discipline will be the date the post office or delivery service attempted delivery.
F. Appeal of Disciplinary Action
A regular non-probationary employee may appeal major discipline to the City Council. Major
discipline includes suspension without pay for five (5) or more days, a reduction in pay that is
equal to the financial loss caused by a suspension without pay for five (5) or more days,
demotion, and termination for cause. Probationary, temporary, and part-time employees may
not appeal discipline.
The following appeal procedures only apply to the City’s regular employees. All other employees
including part-time, temporary, at-will, and probationary employees, may be disciplined or
separated at will, with or without cause, and without the disciplinary appeal procedures listed
below. The following appeal procedures apply only to termination for cause, demotion,
suspension without pay for five (5) or more days, or a reduction in pay that is equal to the financial
loss caused by a suspension without pay for five (5) or more days.
1. Timeframe for Appeal
The employee may exercise the right to appeal by submitting a written request for an
appeal hearing to the City Manager within ten (10) working days from receipt of the
Notice of Imposition. Failure to do so shall constitute waiver of the right to appeal and
failure to exhaust administrative remedies.
2. Appeal Hearing Body/Officer
Appeals will be heard by the City Council or its designee. All hearings shall be conducted
in closed session unless specifically requested in writing by the employee to be in open
session. If the City Council chooses to refer the matter to a designee, the designee shall
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be selected from a list of third party neutrals provided by the California State Mediation
and Conciliation Service. A Hearing Officer shall be selected from a list of seven (7)
Hearing Officers by alternate striking of names until one name remains. The party who
strikes the first name from the panel shall be determined by lot.
3. Scheduling of Disciplinary Appeal Hearing
The City Manager or Human Resources Manager will schedule any appeal hearing within
a reasonable time after an employee files a written request for the same. The hearing
will be scheduled in not less than ten (10) nor more than sixty (60) working days from
the date of the filing of the request for an appeal. In scheduling the appeal hearing the
availability of the employee, Appeal Hearing Body, and any witnesses will be considered.
4. Prehearing Notice of Witnesses and Evidence
No later than ten (10) days before the hearing date, each party will provide the other and
the Appeal Hearing Body a list of all witnesses to be called (except rebuttal witnesses),
and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The
City will use numbers to identify its evidence; the employee will use alphabet letters.
Neither party will be permitted to call any witness or evidence that has not been listed,
unless that party can show that the party could not have reasonably anticipated the need
for the witness or exhibit.
5. Continuances
The Appeal Hearing Body may continue a scheduled hearing only upon good cause shown
or by mutual agreement.
6. Record of the Appeal Hearing
The hearing shall be recorded, either electronically or by a court reporter, at the option
of the City. If the City orders a transcript or makes a transcript of the recording, the City
will notify the employee within three (3) days of ordering or making the transcript, and
will provide a copy of the transcript upon the employee’s request. The employee may
also order a copy of the transcript.
7. Representation at Disciplinary Appeal Hearing
At the disciplinary appeal hearing, the employee may be represented by a person of their
own choosing.
8. Employee Appearance
An employee who requests a disciplinary appeal hearing must be present during their
disciplinary appeal hearing. Failure of the employee to be present will constitute a
waiver of the employee’s right to an appeal. Waiver will not occur if the employee can
demonstrate good cause for their failure to be present within three (3) working days
from the date the employee fails to appear.
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9. Production of Witnesses and Documents
The Appeal Hearing Body has the authority to compel the attendance of witnesses, and
to require the production of documents in advance of the disciplinary appeal hearing.
10. Conduct of the Hearing
a. Sworn Testimony. All witnesses shall be sworn in prior to testifying. The Appeal
Hearing Body or court reporter shall request each witness to raise their hand and
respond to the following: “Do you swear that the testimony that you are about
to give is the truth, the whole truth, and nothing but the truth?”
b. Evidence. The hearing need not be conducted in accordance with the technical rules relating to evidence and witnesses, but will be conducted in a manner most
conducive to the determination of the truth. The rules of privilege will be effective
to the same extent that they are now or hereafter may be recognized in civil
actions. The Appeal Hearing Body will determine the relevancy, weight, and
credibility of testimony and evidence. The Appeal Hearing Body may not make a
finding based on hearsay alone.
c. Exclusion of Witnesses. During the examination of a witness, all other witnesses,
except the parties, shall be excluded from the hearing upon request of either
party.
d. Authority of Appeal Hearing Body/Officer. The Appeal Hearing Body/Officer
shall not have the power to alter, amend, change, add to, or subtract from any
of the terms of these Rules, MOUs, or other duly adopted policies.
11. Presentation of the Case
The parties will address their remarks, evidence, and objections to the Appeal Hearing
Body. The Appeal Hearing Body may terminate argument at any time and issue a ruling
regarding an objection or any other matter. The Appeal Hearing Body may limit redundant
or irrelevant testimony, or directly question the witness. The hearing will proceed in the
following order unless the Appeal Hearing Body directs otherwise:
a. The City is permitted to make an opening statement;
b. The employee is permitted to make an opening statement; The opening
statement may be reserved to be presented at the beginning of their case in chief.
c. The City will produce its evidence;
d. The employee will produce its evidence;
e. The City, followed by the employee, may present rebuttal evidence;
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f. Oral closing arguments are 20 minutes unless, at the discretion of the Appeal
Hearing Body or upon request by either party, additional time is needed. The City
argues first, the employee argues second, and if the City reserved a portion of its
time for rebuttal, the City may present a rebuttal.
12. Written Briefs
Either party may request to submit a written brief. The Appeal Hearing Body will
determine whether to allow written briefs, the deadline for submitting briefs, and the
page limit for briefs.
13. Appeal Hearing Body’s Decision
Within thirty (30) working days of the conclusion of the hearing, the Appeal Hearing Body
shall issue a written statement of decision. If the Appeal Hearing Body is the City Council,
the decision is final and binding. If the Appeal Hearing Body is the City Council’s designee,
the decision is advisory and may be taken to the City Council for a final and binding
decision. Beyond consideration of the City Council, there is no process for reconsideration
or appeal within the City’s administrative process.
14. Proof of Service of the Written Findings and Decision
The City will mail and email a copy of the final written findings and decision, along with a
proof of service of mailing that confirms that each of the parties and each of the parties’
representatives were mailed the final written findings and decision. It shall be the
responsibility of the employee to inform the City of their address and email address. A
copy of the decision shall also be provided to the Human Resources Manager.
RULE XXXI GRIEVANCES
A. Purpose and Applicability of Grievance Procedure
This grievance procedure is established in order to provide adequate opportunities for
employees to bring forth their views relating to any unfair or improper aspect of their
employment with the City, and to seek correction thereof. The procedures set forth in this Rule
shall apply to all employee grievances except where another procedure has specifically been
prescribed elsewhere in these Rules or applicable MOU.
Matters specifically excluded from the grievance procedures set forth in this Rule include:
1. Performance evaluations or performance improvement plans;
2. Deferred or denied merit pay or step merit increases;
3. Verbal or written counseling;
4. Any disciplinary action;
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5. Policy decisions of the City Council;
6. Transfer to another position without a loss of pay; and
7. Matters for which there is a separate appeal process, including, but not limited to,
disciplinary action, or for which a separate process has been established under these
Rules or another City policy.
B. Definitions
The following definitions will be applicable for purposes of this Rule only:
1. Grievance
An employee’s contention that the City has failed to comply with an established rule,
regulation, policy, procedure, ordinance, or resolution governing personnel practices or
working conditions or a non-disciplinary separation from employment as provided for in
these rules.
2. Grievance Procedure
The process by which the validity of a grievance is determined, as set forth in Section C
of this Rule.
C. Grievance Procedure
1. Step One: Supervisor
Within fifteen (15) calendar days after the events giving rise to the grievance, the
aggrieved employee shall inform their immediate supervisor, in writing, of their grievance
and the relevant facts. At least one conference shall be held between the aggrieved
employee and their immediate supervisor after the employee has expressed their
grievance. The supervisor shall advise the aggrieved employee of their decision within
fifteen (15) calendar days following receipt of the grievance.
2. Step Two: Department Head
If the aggrieved employee believes that their grievance has not been resolved through
Step One, the employee may, within ten (10) calendar days after receipt of their
supervisor’s decision, fill out and submit a City Grievance Form to their Department Head.
The Grievance Form shall set forth all the facts necessary to an understanding of the
issues involved and the aggrieved employee shall include a citation to the rule, regulation,
policy, procedure, ordinance, or resolution alleged to have been violated and the remedy
sought. The Grievance Form shall be signed by the aggrieved employee and submitted to
their Department Head. The Department Head shall meet with the employee and their
representative. Within seven (7) calendar days following the date of the grievance
meeting the Department Head shall inform the aggrieved employee of their decision in
writing.
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3. Step Three: City Manager
If the aggrieved employee believes that their grievance has not been resolved through
Step Two, the employee may, within ten (10) calendar days from receipt of the written
decision from their Department Head, submit their grievance to the City Manager. Such
submittal shall include the Grievance Form submitted in Step Two, a written statement
of any issues which are still in dispute and the remedy requested. The City Manager or
their designee shall meet with the employee and take such review and investigative
action that the City Manager deems necessary. The City Manager will inform the
aggrieved employee in writing of their decision within ten (10) calendar days of the grievance meeting. The decision of the City Manager or their designee will be final and
binding, and no further appeal may be had under the City’s administrative processes.
D. Time Limits
1. Failure by the City at any step of this grievance procedure to communicate the decision to
the aggrieved employee within the specified time limits will allow the aggrieved employee
to proceed to the next level of review step.
2. Failure of the aggrieved employee to comply with the time limits of the grievance
procedure constitutes settlement and resolution of the grievance.
3. The time limits specified at any step in this grievance procedure may be extended by
mutual, agreement in advance of a deadline.
E. General Provisions
1. If a grievance is regarding conduct by the supervisor or manager who would be
responsible for hearing the grievance at any step in the procedure set forth in this Rule,
then the aggrieved employee may instead request approval to submit the grievance to
the Human Resources Manager, or, if the grievance concerns conduct by the Human
Resources Department, to the City Manager. The time limits set forth in Section C of this
Rule will be tolled from the date of the aggrieved employee’s written request to the
Human Resources Department or City Manager until the date of the City’s written
response to such a request.
2. If the aggrieved employee’s Department Head also functions as their sole immediate
supervisor at the time their grievance is submitted, then the employee may request that
the Department Head permit the aggrieved employee to combine Steps One and Two of
the grievance procedure set forth in Section C of this Rule. The Department Head will
respond in writing to grant or deny such a request, and if granted, will confirm the step
of the grievance procedure that will be deemed to apply. The time limits set forth in
Section C of this Rule will be tolled from the date of the employee’s written request until
the date of the City’s written response to such a request.
3. No retaliation or prejudice shall be suffered by employees making use of the grievance
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procedure by reason of such use.
4. Forms for filing and processing grievances and other documents necessary under this Rule
shall be prepared by the Human Resources Manager and given appropriate distribution.
All documents, communications, and records dealing with the processing of grievances
shall be filed separately from employee personnel files.
5. Communication with the aggrieved employee shall be processed by personal signed
receipt of document, certified mail, registered mail or email.
RULE XXXII LAYOFF POLICY
Determination of need for layoff, order of layoff, transfers ensuing from abolition of position, and status
of personnel with respect to Eligibility Lists will be handled in accordance with Section 2.76.200 of the
Municipal Code.
A. Abolishment of Position
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment, the employee holding such position or employment may be laid off or demoted
without disciplinary action and without the right of appeal through either disciplinary appeal or
grievance procedures. The City Council may abolish such position only by a resolution, which will
set forth in detail the reason, or necessity that requires the abolition of such position of
employment.
The City Manager will determine the class and number of positions to be affected, the layoff date,
and will notify the Department Head in writing of such reduction.
B. Written Notice of Layoff
Any employee to be laid off will be given written notice of layoff not less than thirty (30) calendar
days prior to the effective date of such layoff.
C. Order of Layoff
1. Employees in the same class of positions will be laid off according to employment status
in the following order: temporary, part-time, probationary, and then regular.
Temporary, part-time, and probationary employees will be laid off according to the needs
of the service as determined by the City Manager.
2. In cases where there are two or more regular employees in the class from which the layoff
is to be made, such employees will be laid off on the basis of the most recent performance
evaluation, with the employee with the least satisfactory performance being laid off first.
3. In cases where their most recent performance evaluations are equal, the employee with
less seniority will be laid off first. For purposes of layoff, “seniority” is defined as time in
the current class, with any ties determined based on total time employed by the City
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from the employee’s date of hire to present, excluding part-time or temporary
appointments and any unpaid, unprotected time off
D. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the City Manager
may, but is not required to, demote an employee identified for lay-off to a vacancy, if any, within
the department in a lower class for which the employee is qualified. An employee may request
to demote to a vacant position within the organization. An employee requesting a demotion
must file a written request with the Department Head within five (5) working days of receiving
written notice of layoff. The employee may only be demoted when the affected Department Head(s) and the City Manager approve the demotion. An employee who is offered a demotion
has the right to refuse the demotion without losing their right to be placed on a reemployment
list in accordance with Section F, below.
E. Specially Funded Positions
When a position is created and is fully funded by a grant of funds from the county, state, or the
federal government, the position will be automatically abolished when the funding is
terminated. The incumbent of the position will be terminated on the date upon which the
position is abolished and the layoff and reemployment procedures prescribed in these Rules are
not applicable.
F. Reemployment
1. Reemployment List
a. The names of all regular and probationary employees who were laid off, reduced
in class, displaced, or who have received a layoff notice and voluntarily resigned
will be placed on a reemployment list for their former class(es). It will be the
duty of the employee to provide an address and any forwarding information for
contact to the City.
b. Whenever a vacancy occurs in the class for which a reemployment list exists, the
City may send a certified and/or overnight letter or email advising the person of
the opportunity to apply for reemployment.
c. Persons who refuse reemployment or fail to respond to a notice of vacancy will
be removed from the list and waive any reemployment rights.
2. Duration of Reemployment List
The reemployment list will be effective for a period of one year from the date of change
in the employee’s status due to City layoff, except that persons appointed to regular
positions of the same level as that which laid off, will, upon such appointment, be
removed from the list. Persons reemployed in a lower class, or on a temporary basis, will
remain on the list for the higher position for the remainder of the one year period.
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3. Anniversary Date and Date of Hire
Upon reemployment, an employee’s anniversary date and date of hire will remain the
same as if the employee had remained employed the entire period of layoff.
RULE XXXIII SEPARATION FROM CITY SERVICE AND REEMPLOYMENT
A. In General
1. Any employee separating from City service may be requested to attend an exit interview
conducted by the employee's supervisor, Department Head, or the Human Resources
Department.
2. A separating employee must work the day following an observed holiday in order to
receive holiday pay under Rule XXXVIII: Holidays. Benefits (vacation, sick leave, personal
necessity, medical, etc.) will be accrued up to and including the last day worked.
3. On or before an employee’s last day of work, they must return all City property in their
possession or for which they are responsible, including keys and City identification card.
B. Types of Separation
All separations of employees from positions in City employment are designated as one of the
following types:
1. Probationary Release;
2. Release of temporary or part-time employee;
3. Resignation;
4. Retirement;
5. Job abandonment;
6. Layoff;
7. Non-disciplinary or medical separation;
8. Disciplinary separation;
9. Death of the employee.
C. Probationary Release
Probationary employees serving in their initial probationary period with the City may be released
at any time during the probationary period as recommended by the Department Head, without
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cause or reason or notice. A released probationary employee has no right to appeal or to submit
a grievance.
D. Release of Temporary Employee
A temporary employee may be separated at any time, without cause, and without right to any
appeal or grievance.
E. Resignation
To resign in good standing, an employee must inform their Department Head in writing at least
two weeks in advance of the effective date of the resignation. The reason for leaving should be
included in the resignation. Failure to give the required notice may be cause for denying future employment by the City. Resignation will be deemed accepted upon submission. Once a
resignation has been accepted, it is final. A resignation can be accepted by the Department Head
even if it is submitted less than two weeks prior to the planned resignation date.
F. Retirement
An employee planning to retire should provide a written notice to the Department Head prior to
the effective date of the retirement. A notice of retirement becomes final when the City is
notified by CalPERS of the effective date of the retirement.
Only employees who meet the conditions for eligibility set forth in the City’s retirement plan and
applicable regulations may elect to receive benefits earned under the retirement plan.
G. Abandonment of Position
An employee is deemed to have resigned from their position if they are absent for four (4)
consecutive scheduled work days/shifts without prior authorization and without notification
during the period of the absence. The employee will be given written notice, at their address of
record, of 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 City’s written notice, within the timeframe set forth in the written notice, can arrange for an
appointment with the Human Resources Manager before final action is taken, to explain the
unauthorized absence and failure of notification. An employee separated for job abandonment
will 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.
H. Layoff
As provided in Rule XXXII: Layoff Policy, an employee may be separated from employment by
layoff.
I. Non-disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable
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accommodation and interactive process is concluded in accordance with these Rules or City
policies, will be given a written pre-separation notice of the reasons for the separation, the
evidence supporting the decision to separate for non-disciplinary reasons, and an opportunity to
respond before the separation takes effect. An employee separated for non-discipline has the
right to a post-separation appeal under the Grievance Procedure.
J. Disciplinary Termination
A regular employee may be separated from employment for disciplinary reasons as provided for
in Rule XXX: Discipline.
K. Death of the Employee
In the event of a death of an employee, payment of all earned wages due will be in accordance
with the laws of the State of California. Unless otherwise provided by law, payment of any other
funds due the deceased employee will be paid to the beneficiary so designated in writing by the
employee. The City will distribute the Beneficiary Designation form.
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EMPLOYEE ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL RULES
This acknowledges that I have received a copy of the City of Hermosa Beach Personnel Rules and I
represent that I am expected to read and understand the document and associated personnel policies. I
had an opportunity to ask questions and receive clarification from the City regarding conditions of
employment, policies, and rules contained herein, and I agree to abide by such conditions of
employment, policies, and rules. I recognize that the Personnel Rules supersede any related Personnel
Rules, Employee Handbook, policy statements, manuals, and/or administrative policies previously issued
by the City of Hermosa Beach.
I understand that these Personnel Rules do not create a vested contractual right in the execution by the
City of Hermosa Beach of any duties and responsibilities relating to these Personnel Rules or associated
personnel policies.
PRINT FULL NAME ________________________________________________________
SIGNED __________________________________________________________________
DATE _______________________
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State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
May 24, 2023
Certification of Council Action
RESOLUTION NO. 23-7368
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING THE CITY OF HERMOSA BEACH PERSONNEL RULES AND REGULATIONS FOR
CIVIL SERVICE EMPLOYEES AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the
above and foregoing Resolution No. 23-7368 was duly approved and adopted by
the City Council of said City at its regular meeting thereof held on the 23rd day of
May 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, COUNCILMEMBERS
FRANCOIS, SAEMANN, and DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla, MPA, CMC
City Clerk
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