HomeMy WebLinkAbout4.09 Personnel System Rules Rev
CITY CLERK
File # DLlJ[QJ[Q]-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 3, 2008
SUBJECT:
{.; Revisions to the Personnel System Rules
O. Report Prepared by: Julie Carter, Assistant to the City Manager
ATTACHMENTS: Resolution Personnel System Rules
RECOMMENDATIO~ ~ Adopt Resolution
FINANCIAL STATEMENT: None
DESCRIPTION: Originally written in March of 1984 and amended over the years, the City's
Personnel System Rules have been completely revised for legal content and other clarifications consistent
with modern public sector personnel practices. The document has been revised by the City's Personnel
Officer in conjunction with the Law Offices of Meyer's Nave/Labor and Employment Group for legal
content. Over the past few months, the City Manager and City Department Heads have reviewed the
document for practical application.
Under the City's current employer and employee relationship, the City does not have a legal duty to
bargain about personnel rule changes. However, under the Meyers-Milias-Brown Act, the City is
obligated to "consult in good faith" with employees regarding personnel rule changes that relate to
conditions of employment. City Staff was given notice of the proposed personnel rule changes and given
a 30-day opportunity to comment on the proposed changes to City Management. As necessary, additional
modifications to the document were considered by City Management.
Dublin Municipal Code (DMC) Chapter 2.20 is also proposed to be amended to ensure that the Chapter is
consistent with the new personnel rules. The DMC modifications will become effective 30 days after
adoption. To be consistent, Staff recommends the City Council adopt the attached Resolution establishing
the City's new Personnel System Rules effective July 17, 2008.
COPIES TO:
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ITEM NO. !f. 'I
RESOLUTION NO. XX-OS
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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PERSONNEL SYSTEM RULES
WHEREAS, the City Council is authorized to adopt rules for the administration of the
personnel system; and
WHEREAS, the City Council adopted 141-90 and subsequent to adoption, various amendments
have been adopted; and
WHEREAS, the City Council is desirous to rescinded Resolution 141-90 and all amendments;
and
WHERAS, the objectives of these rules are to facilitate efficient and economical services to the
public and to provide for an equitable system of personnel management in the municipal government;
and
WHEREAS, these rules set forth in detail those procedures which ensure similar treatment for
those who compete for original employment and promotion, and define many ofthe obligations, rights,
privileges, and prohibitions which are placed upon all employees in the competitive service of the City;
and
WHEREAS, at the same time, within the limits of administrative feasibility, considerable
latitude shall be given to the City Manager or designee in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
adopt the following rules which shall supersede Resolution 141-90 and any subsequent amendments.
BE IT FURTHER RESOLVED that the changes contained herein shall be effective July 17,
2008.
PASSED, APPROVED AND ADOPTED this 3rd day of June, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT
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PERSONNEL SYSTEM RULES
CITY OF DUBLIN
Table of Contents
Section Paqe
1. INTRODUCTION...... ................................. ...... ...................................... ............. 1
2. EMPLOYER / EMPLOYEE RELATIONS ........................................................... 1
3. DEFINITION OF TERMS .................. ..................................... ............................ 1
4. CLASSIFICATION PLAN ... ........ ......................... ................ ................ ............... 4
5 RECRU ITMENT AND SELECTION..... ..................... .......................... ...............4
6. PERFORMANCE EVALUATION PROGRAM .................................................... 8
7. FITNESS FOR DUTY EVALUATIONS .......... .............................. ....................... 8
8. PERSONNEL FILES ............. ................................... .............. ........... ........... ...... 8
9. WAGE AN D HOUR BENEFITS.......................................................................... 9
10. ATTENDANCE I CALL BACK PAY / MEAL PERIODS ...................................12
11 . LEAVES........................................................................................................... 13
12. FAMILY AND MEDICAL LEAVES / MILITARY FAMILY LEAVE ......................20
13. TRANSFERS I ACTI NG PAy............................................... ............................ 25
14. LAYOFF AND RECALL POLiCy...................................................................... 26
15. EMPLOYEE SAFETY I VIOLENCE IN THE WORKPLACE .............................26
16. APPEAL PROCEDURE................................................................................... 29
17. DISCIPLINE I GENERAL RULES OF CONDUCT ...........................................29
18. RESiGNATIONS.............................................................................................. 33
19. NON-DISCRIMINATION POLICY AND HARASSMENT POLICY.................... 34
20. ACCOMMODATIONS FOR EMPLOYEE DiSABILITIES......................... ....38
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21. OUTSI DE EMPLOYMENT ................ .............. .... .................................. ........... 38
22. VOLUNTEERS................................................................................... ..............38
23. DRUG AND ALCOHOL-FREE WORKPLACE .................................................39
24. NEPOTiSM............................... ....................................................................... 39
25. GI FTS AND GRA TUITI ES...................... ...... ...... ..............................................39
26. USE OF INFORMATION AND ELECTRONIC SYSTEMS ...............................40
27. DRESS CODE.................................................... .............. .......... .....................41
28. USE OF CITY EQUI PMENT ......................... ......................... ....................... ...42
29. TRAVEL AND TRAI NING POLiCy....................................... .................... ....... 42
30. MiSCELLANEOUS........................................................................................... 42
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1. INTRODUCTION
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1.1. These Personnel Policies and Procedures (hereafter "rules," "policies" or
"procedures") generally describe the employment relationship between the City of
Dublin and its employees. The rules apply to all employees, except where otherwise
indicated in these rules, or where an applicable memorandum of understanding (MOU)
specifically conflicts with a rule. Each employee will receive a copy of these rules, and
is responsible for reading and following these procedures.
1.2. These rules may be amended from time to time. However, in order to be
effective, the amendment must be in writing and approved by the City Council..
1.3. The City Manager is vested with the responsibility to interpret these rules in
the event any provision of these rules is deemed to be ambiguous.
2. EMPLOYER I EMPLOYEE RELATIONS
2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown
Act (MMBA), Government Code section 3500, et seq. The City has in place an
Employer-Employee Relations Resolution (#65-01), which specifies the City's local
rules, rights and obligations regarding labor relations.
2.2. Under the City's Employer-Employee Relations Resolution, and the MMBA,
the City recognizes certain labor organizations as the exclusive representative for
purposes of labor negotiations. For un-represented employees, the City consults in
good faith with all employees regarding wages, hours, benefits, working conditions, and
other items of mutual interest and provides advance notice of certain matters as
specified in the City's Employer-Employee Relations Resolution. Such consultation
shall be in accordance with the law.
2.3. City Employee pay schedules and various health and welfare benefits are
set forth in the City's Salary and Benefit Plans and are adopted by the City Council.
2.4. Employees having questions concerning matters related to their
classification, salary, or health and welfare benefits may contact the City's Personnel
Officer directly.
3. DEFINITION OF TERMS
3.1 All words and terms used in this section and in any City Ordinance or
Resolution dealing with personnel policies or procedures shall be defined as they are
normally and generally defined in the field of personnel administration. For the purpose
of convenience, however, the following words and terms most commonly used are
hereinafter defined:
3.1. 1. "Advancement": A salary Increase within the limits of a pay range
established for a class.
3.1.2. "Allocation": The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities exercised.
3.1.3. "Appo;nlinQ Aulhorily": The appoinling authority of employees in the 5' ~ 4f
competitive service is the City Manager. The City Manager shall either approve the .
appointment, removal, promotion or demotion of all City employees or authorize
Department Heads to appoint, remove, promote or demote in certain classes of
positions subject to all applicable personnel rules and regulations which may be
adopted by Ordinance or Resolution by the City Council.
3.1.4. "Class": All positions sufficiently similar in duties, authority, and
responsibility, to permit grouping under a common title with common standards of
selection, transfer, demotion, and salary.
3.1.5. "Classification Plan": The designation by City Resolution of the City
Council of a title for each class, together with the specifications for each class as
prepared and maintained by the City Manager.
3.1.6. "Class Specifications": A written description of a job classification, setting
forth the essential characteristics, knowledge, skills, abilities and the requirements of
positions allocated to the classification. Such documentation may also be referred to as
a Classification Description.
3.1.7. "Competitive Service": All positions of employment in the service of the
City except those excluded as specifically set forth in Section 2.20.040 (Personnel
System) of the Dublin Municipal Code and Council Resolution 142-90 (and any
amendments thereto) or its successor.
3.1.8. "Demotion": The movement of an employee from one class to another
class having a lower maximum base rate of pay.
3.1.9. "Domestic Partner". "Domestic Partner" as defined by the State of
California in an appropriate Code Section.
3.1.10. "Eliqible": A person whose name is on an employment list.
3.1.11. "Employment List":
(a) Open employment list: A list of names of persons who have taken an
open-competitive examination for a class in the competitive service and
have qualified.
(b) Promotional employment list: A list of names of persons who have taken
a promotional examination for a class in the competitive service and have
qualified.
3.1.12. "Examination":
(a) Open-competitive examination: An examination for a particular class
which is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class which is
open only to employees meeting the qualifications for the class.
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3.1.13. "Full-time Position": A position in the competitive service which requires Ci ~ yf
at least 40 hours per week. A full-time position may be either temporary or regular.
3.1.14. "Immediate Family": Means parent, current spouse or domestic partner,
child, current stepchild, grandparent, brother, current stepbrother, current brother-in-law,
sister, current stepsister, current sister-in-law, current mother-in-law or current father-in-
law.
3.1.15. "Part-Time Position": A position having a work week of fewer hours than
the work week established for full-time positions. A part-time position may be either
temporary or regular.
3.1.16. "Personnel Ordinance": Ordinance which creates a personnel system
and rules for the City as codified in Title 2 of the Dublin Municipal Code.
3.1.17. "Position": A group of duties and responsibilities in the competitive
service requiring the full-time or part-time employment of one person.
3.1.18. "Probationary Period": A period to be considered an integral part of the
examination, recruiting, testing and selection process during which an employee is
required to demonstrate fitness for the position to which the employee is appointed by
actual performance of the duties of the position. During such period an employee is
considered at-will and may be terminated at any time without cause.
3.1.19. "Promotion": The movement of an employee from one class to another
class having a higher maximum base rate of pay.
3.1.20. "Provisional Appointment": An appointment of a person who possesses
the minimum qualifications established for a particular class and who has been
appointed to a position in that class in the absence of available eligibles. In no instance
shall a provisional appointment exceed six (6) months.
3.1.21. "Recruitment":
a. Open: A recruitment for a particular class which is open to all
persons meeting the qualifications for the classification.
b. Promotional: A recruitment for a particular class which is open only
to employees meeting the qualifications for the classification.
3.1.22. "Reqular Employee": An employee in the competitive service who has
successfully completed the probationary period and has been retained as hereafter
provided in these rules.
3.1.23. "Reinstatement": The restoration without examination of a former regular
employee or probationary employee to a classification in which the employee formerly
served as a regular non-probationary employee.
3.1.24. "Temporary Employee": An employee who is appointed to a temporary or
a permanent position for a limited period of time.
3.1.25. "Temporary Position": A full-time or part-time position of limited duration.
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3.1.26. "Transfe(': A change of an employee from one position to another ~
position in the same class or in a comparable class.
3.1.27. 'Work Period": A normal work period shall begin at 12:01 a.m., Saturday
and shall end at 12:00 midnight on the following Friday.
4. CLASSIFICATION PLAN
4.1. The City maintains a set of job classification descriptions. Each job
classification description includes a class title and a general written description of the
duties and responsibilities. Classification descriptions are readily available
electronically from the City's internet website, City's internal intranet website and are
available upon request to the Personnel Office.
4.2. Job classification descriptions may be abolished or amended from time to
time. In addition, new job classification descriptions may be added to the City's
classification plan.
4.3. When the assigned duties of a position have been materially changed by the
City so as to necessitate reclassification, the affected employees(s) shall be allocated
by the City Manager to a more appropriate class, whether new or already created.
Reclassifications shall not be used for the purpose of avoiding restrictions concerning
demotions and promotions, nor to effect a change in salary in the absence of a
significant change in assigned duties and responsibilities.
4.4. 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
Personnel Officer to further evaluate the position.
4.5. The City may utilize temporary or emergency employees in such
circumstances as the City deems appropriate. Such employees may be assigned to
regular or temporary full- or part-time positions during such periods.
5. RECRUITMENT AND SELECTION
5.1. Recruitment
5.1.1. The City may utilize any legitimate recruitment procedure for attracting
qualified applicants. Recruitments may be "promotional" or "open," depending on the
City's needs.
5.1.2. Insofar as consistent with the best interests of the City, all vacancies in the
competitive service shall be filled by promotion from within the competitive service, after
a promotional examination has been given and a promotional list established. The City
will give reasonable notice to all of its employees concerning the City's employment
opportunities.
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5.1.3. If, in the opinion of the City Manager, it is in the best interest of the City, a 8 9f 4 S
vacancy in a position may be filled by an open-competitive examination instead of A
promotional examination, in which event the City Manager or designee shall arrange for
an open-competitive examination and for the preparation and certification of an open-
competitive employment list.
5.2. Applications for Employment
5.2.1. Each candidate shall complete those application forms designated by the
City. An applicant's failure to provide complete, truthful and accurate information on all
application materials shall be grounds for immediate disqualification in the application
process, and may result in dismissal from employment.
5.2.2. As part of the pre-employment procedure, applicants may be required to
supply references, and a waiver, to enable a thorough background check by the City.
The City shall have the right to conduct a complete and exhaustive background
investigation on all applicants seeking employment in the City of Dublin.
5.3. Disqualification or Rejection
5.3.1. The City may reject or disqualify applicants for any legitimate reason. In
addition, the City may permanently disqualify applicants from future employment for
good cause. In the event of permanent disqualification, the City shall notify the
applicant of the action, include a brief description of the reasons therefore, and permit
the applicant to appeal pursuant to the procedure specified in these rules. The appeal
submission shall be maintained with the application file, if requested by the appellant.
The appeal procedure shall not be available to applicants except in cases of permanent
disqualification.
5.3.2. Criminal Conduct - Ineligibility for Employment: Conviction, including
pleas of guilty and 'nolo contendere,' of a felony shall be prima facie disqualification of
an applicant for employment; provided, however, that the appointing authority may
disregard such conviction if it is found and determined by such appointing authority that
mitigating circumstances exist. In making such determination, the appointing authority
shall consider the following factors:
(a) the classification to which the person is applying or being certified and
whether the classification is unrelated to the conviction;
(b) the nature and seriousness of the offense;
(c) the circumstances surrounding the conviction;
(d) the length of time elapsed since the conviction;
(e) the age of the person at the time of conviction;
(f) the presence or absence of rehabilitation or efforts at rehabilitation;
(g) contributing social or environmental conditions.
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5.3.3. An applicant who is disqualified for employment under this section may 1;( ~5
appeal the determination of disqualification. Such appeal shall be in writing and filed
with the City Manager within ten (10) days of the date of the notice of disqualification.
The City Manager shall hear and determine the appeal within ninety (90) days after it is
filed. The determination of the City Manager on the appeal is final.
5.4. Testing I Assessment Process
5.4.1. The City may utilize any legitimate method to determine the qualifications
of applicants, including, without limitation, written tests, oral examinations, panel
interviews, assessment centers and oral interviews. The City may list successful
applicants on a "list of eligibles." The list of eligibles shall be maintained for the duration
specified by the City.
5.5. Appointment
5.5.1. The City may appoint any qualified applicant from the list of eligibles to a
regular position in the classification for which the applicant is qualified. Positions may
be full time, or part time, depending on the needs of the City. In the absence of a list of
eligibles, the City may make temporary appointments pending development of a new
list. The City endeavors to provide notice to all City employees at least one week in
advance of new employment opportunities.
5.5.2. The City in its discretion may permit lateral transfers to a vacant position.
The transfer shall be subject to the rules governing transfers. The City endeavors to
provide notice of vacant positions for at least one week to ensure opportunities for
transfer.
5.5.3. The City may in its discretion cause a new list of eligibles to be generated,
in the event the City believes that circumstances warrant a new list. Such
circumstances include, but are not limited to: the age of the eligible list; an inadequate
number of candidates; and changing job requirements.
5.5.4. In the absence of there being names of individuals willing to accept
appointment from appropriate employment lists, a provisional appointment may be
made by the appointing authority of a person meeting the minimum training and
experience qualifications for the position. Such an appointment may be made during
the period of suspension of an employee or pending final action on proceedings to
review suspension, demotion or discharge of an employee. A provisional employee
may be removed at any time without the right of appeal or hearing.
5.5.5. A provisional appointee shall accrue the same benefits as probationary
employees. If a provisional appointee is selected for a full-time position with the City,
the time served as a provisional appointee shall be counted as time toward the
fulfillment of the required probationary period.
5.5.6. No special credit shall be allowed in meeting any qualifications or in the
giving of any test or the establishment of any open competitive/promotional lists, for
service rendered under a provisional appointment.
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5.6. Probationary Period
5.6.1. Unless a different probationary period is specified in the employment
. announcement, application, appointment documents or job specification, upon
beginning a job in a new classification of employment, all employees must serve a
probationary period of twelve (12) months. Periods of time during unpaid absences
shall automatically extend the probationary period by the number of days of the
absence. Further, periods of time on paid leave exceeding twenty (20) working days
shall extend the probationary period by that number of days the probationary employee
is on such leave. Only employees in the competitive service who are not at-will
employees are subject to probationary periods. If the service of the probationary
employee has been satisfactory to the appointing authority, then the appointing
authority shall file with the City Manager a statement in writing to such effect and stating
that the retention of such employee in the service is desired. If such a statement is not
filed, the employee will be deemed to be unsatisfactory and his employment terminated
at the expiration of the probationary period. Where a statement of satisfactory service
has not been filed, notice of the termination shall be served on the terminated employee
by the City Manager after the expiration of the selection period.
5.6.2. The City may establish probationary periods exceeding twelve (12) months
in duration for positions involving duties and responsibilities that the City believes
warrant an extended probationary period. In such event, the City shall indicate the
probationary period in the job announcement or other application-related materials.
Further, with respect to existing classifications, the City shall provide advance notice of
the probationary period change to the City employees in those classifications.
5.6.3. During the probationary period, probationary employees may be released
from City employment at any time, without cause, without right of appeal or hearing.
The City is not required to explain the reasons underlying the release from probationary
employment. If the City approves, the released probationary employee may be
appointed to any vacant position in a classification in which the employee is qualified
and performed satisfactorily for at least one year, subject to a new probationary period.
5.6.4. Promotional Probationary Period. When a regular employee is promoted, a
promotional probationary period shall begin on the effective date of the promotion.
During the probationary period of a promoted employee, the Department Head may
recommend that the employee be demoted to the former position, range and salary if
the employees' performance and/or conduct do not meet the standards set for the
position to which the employee was promoted. Such recommendation shall be subject
to approval by the City Manager or designee. An employee on promotional probation
shall have no rights to tenure in the promotional position and may be returned to his/her
former position without cause, without notice and without right of appeal or hearing. If
the former position is not vacant or not available, the employee on promotional
probation shall be separated from employment without the right of appeal, and placed
on the eligibility list for the former position for a twelve-month period. Placement on an
eligibility list does not guarantee that the employee will be re-hired to the former position
once that position becomes available.
5.6.5. Probationary periods do not apply to "at-will" employment (defined in
section 5.7.1 below), which can be terminated at any time, with or without cause and
without right of appeal or hearing.
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6. PERFORMANCE EVALUATION PROGRAM
6.1. The City requires employees in the competitive service to undergo
performance evaluations periodically throughout their employment. The City shall
prescribe appropriate forms for completing performance evaluations.
6.2. All employees shall receive a written performance evaluation six (6) months
following the date of hire or promotion. Thereafter, within thirty (30) days of each
anniversary date, a written employee performance evaluation shall be completed. The
employee may also be requested to complete a written self-evaluation of his/her
performance, for discussion with the employee's supervisor. In addition, an evaluation
report may be prepared at any time, at the discretion of the employee's supervisor.
6.3. Each performance evaluation shall be discussed with the employee to identify
areas of successful performance and those which require improvement. The employee
may comment regarding his/her work performance, either in a written statement
attached to the report or orally. The employee shall sign the report, which will signify
that he/she is aware of the contents. The employee's signature does not imply that
he/she agrees with the contents of the report. All employee evaluations shall be signed
by the employee's direct supervisor, the employee's Department Head and the City
Manager or designee.
6.4. Performance evaluations shall be maintained in employee personnel files.
Employees may submit comments or rebuttals to their performance evaluations, and
these documents shall also be maintained in the personnel files with the performance
evaluations.
7. FITNESS FOR DUTY EVALUATIONS
7.1. All employees must be physically and mentally capable of performing the
essential functions of their jobs. The City, at its expense and selection, may require an
employee to undergo a fitness for duty evaluation based on any reasonable cause.
8. PERSONNEL FILES
8.1. The City shall maintain an official personnel file for each of its employees.
Personnel files contain such personnel records as may be deemed necessary for the
administration of human resources in the City.
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8.2. Personnel files shall be made available for inspection by employees within a ),l ~ ~~
reasonable time after an employee's request and without loss of pay, provided that
employees must make arrangements with their supervisor if the inspection occurs on
duty. Upon written request, employees may obtain copies of the materials subject to
inspection. The City may preclude inspection of certain information in accordance with
the law, such as background and other pre-employment information, and materials
relating to investigations.
8.3. The City maintains injury reports and confidential medical records in
separate files.
9. WAGE AND HOUR BENEFITS
9.1. General Provisions
9.1.1. Wages and benefits are subject to approval by the City Council. Wages
and benefit schedules are contained in the City's Salary and Benefit Plans covering the
City's classifications. Employees having any questions about employment
classifications, wages and benefit schedules should contact the City's Personnel
Officer.
9.1.2. The City is committed to observing all of its obligations under the Fair
Labor Standards Act (UFLSA"). These rules, as well as all applicable provisions in
memoranda of understanding, Council Resolutions, and all City pay practices, shall
comport with, and shall be interpreted to ensure the minimum requirements of, the
FLSA.
9.1.3. The City Manager or designee shall designate a workweek for employees
in accordance with the law. The usual working hours for City employees shall be 8:00
a.m. to 5:00 p.m. (including a one-hour unpaid lunch break) and a normal workweek
shall consist of forty (40) hours. Some departments may require a different work
schedule which shall be developed by the Department Head and approved by the City
Manager or designee. Alternative or flexible schedules that result in a regular schedule
of more than forty (40) hours in a workweek are not permitted. Any flexible day(s) must
be taken within the same workweek, must be scheduled as not to interfere with
assigned duties, and are subject to approval by the Department Head and/or City
Manager.
9.1.4. Except when necessary to address an emergency or special
circumstances, employees who are entitled to overtime compensation under the law
may not work outside of regularly scheduled working hours or during unpaid meal
periods without the prior authorization of a supervisor. In any emergency event,
employees shall report overtime work as soon as possible after the work is performed.
Violations of this rule may result in discipline, up to and including termination of
employment.
9.1.5. Overtime for eligible employees shall be any hours worked in excess of 40
hours during a single workweek.
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9.1.6. Non-exempt employees. working in excess of nonnal 40 hour WOrkweek/3 ~ 4(
shall be paid at an hourly rate of one and one-half times the regular hourly rate. Non- .
exempt employees may choose to be compensated for overtime work through
compensatory time off (comp time) at the rate of one and one-half hours comp time per
overtime hour worked instead of receiving cash payment. The decision to receive
overtime payor comp time credit shall be made at the end of the pay period in which
the overtime is worked, provided the employee has not accrued the maximum comp
time allowed under this section. Employees may not convert comp time to overtime pay
except at termination of employment or change in eligibility for comp time accrual.
Comp time may be accrued up to a maximum of 80 hours for regular and probationary
non-exempt employees and if an employee reaches this maximum limit they shall be
compensated for all overtime worked. If an employee has accrued any unused comp
time at termination, the employee shall be paid for such unused comp time at his/her
regular rate of compensation at termination
9.1.7. For purposes of calculating overtime pay, holidays shall count as hours
worked within a workweek. Paid leaves shall not count as hours worked within a
workweek. Employees eligible for overtime who take minutes at a City Council,
Commission or Committee meeting shall be compensated at one and one-half times
their hourly rate for the time they are attending the meeting, regardless of the hours
worked in the corresponding workweek.
9.1.8. The City designates as "FLSA Exempt" those employees who work in
professional, executive or administrative capacities and who are therefore not entitled to
overtime compensation under the FLSA.
9.2 Pay Increase
9.2.1. Market Rate Adjustments: All Market Rate Adjustments shall be based on
an annual salary survey as determined by the City Manager and approved by the City
Council.
(a) As provided for in the salary and benefit plan, the City Manager is
authorized to assign salaries within a range, which is adopted by the City
Council in the Salary Plan.
(b) The Market Rate Adjustments amount shall be established on an annual
basis based on the change in the employee's salary range from one fiscal
year to the next as determined by a survey and shall not exceed 4%
unless an employee's actual salary falls more than 4% below the bottom
of the new salary range.
(c) Market Rate Adjustments shall be effective July 1st annually.
(d) The Market Rate Adjustment shall be noted on the Personnel Action Form
that must be approved by the City Manager or designee.
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9.2.2. Merit Adjustments are separate from Market Rate Adjustments and shal~ 14~
be based entirely on employee performance.
(a) Each fiscal year, the City Manager will determine the maximum Merit
Adjustment percentage based on the Council-authorized Salary Plan for all
regular employees regularly scheduled to work 20 or more hours per week.
(b) The amount available for Merit Adjustments shall be derived by the difference
in the Market Rate Adjustments and the amount budgeted for salary
increases for all regular employees.
(c) The City Manager will notify all regular employees prior to the start of the
fiscal year the amount available for Merit Adjustments.
(d) Any recommendation for a Merit Adjustment shall include a written
performance evaluation.
(e) Employee's performance shall be reported on a form designated by the City
Manager. Where applicable, this evaluation shall also include input and
observations from the employee's supervisor.
(f) Based upon the performance evaluation, the City Manager may authorize a
Merit Adjustment, provided that adjustment will not create a salary that is
greater than the range authorized in the adopted Salary Plan. The amount of
the adjustment shall be based on the evaluation presented and any other
factors indicating the employee's work performance.
(g) The effective date of any Merit Adjustment shall be noted on the Personnel
Action Form that must be approved by the City Manager or designee.
9.2.3. Performance Pay Adjustments are separate from Merit Adjustments and
are intended to provide limited pay adjustments given an employee's salary position
within the adopted pay range.
(a) An employee shall be eligible for a Performance Pay Adjustment on an
annual basis, provided the other criteria in this section have been met. The
intent of this is to allow for a Performance Pay Adjustment in conjunction with
an employee's annual review related to the employee's anniversary date.
(b) A Performance Pay Adjustment shall be a one-time wage increase, which will
not alter the pay range adopted pursuant to the Salary Plan.
(c) Said adjustment may be granted to a regular employee regularly scheduled to
work 20 or more hours per week, if the evaluation process followed under
provisions for Merit Increases (Section 9.2.2) indicates that the employee's
performance is at a level, which would warrant an adjustment beyond the
adopted salary range.
(d) A Performance Pay Adjustment shall be at the discretion of the City Manager
or designee and will be based on a written performance evaluation and any
other factors indicating the employee's work performance.
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(e) Perfonnance Pay Adjustments shall be a one-time lump sum payment WhiCf ~ 4-:::
shall not exceed 9% of the employee's annual salary. For purposes of this
section, the employee's annual salary shall be 12 times the employee's
monthly salary prior to the adjustment. Also, this section shall not preclude
the actual payment of the Performance Pay Adjustment in several
installments as elected by the employee and authorized by the City Manager
or designee
(f) The effective date of any Performance Pay Adjustment shall be noted on the
Personnel Action Form that must be approved by the City Manager or
designee.
10. WORKWEEK I CALL-BACK PAY I MEAL PERIODS
10.1. Workweek
10.1.1. The City's basic workweek for full time employees shall be forty (40)
hours per week, in a seven-day period. The workweek commences at 12:01 a.m. every
Saturday, and is a regularly recurring seven (7) day period ending at 12 Midnight every
Friday.
10.1.2. The City shall establish and may modify regular working hours for its
employees. The City may require employees to work overtime and to perform standby
responsibilities. Employees shall be responsible for reporting to work on time, and
observing the work schedule established for their department.
10.2. Call -Back Pay
10.2.1 When an employee, who is considered non-exempt for the purposes of
the Fair Labor Standards Act (FLSA), has completed his/her normal shift for the day, is
on a regular day off, or is on paid leave, and is called back to work, the employee shall,
upon report,ing, receive a minimum of two (2) hours work at the overtime rate (time and
one-half), or if two hours of work is not furnished, a minimum of two (2) hours of pay at
the overtime rate. Subsequent hours worked under this section, shall be paid in
accordance with the overtime provision as set forth in Section 9 of these Rules. This
provision does not apply to instances in which the employee is called to report before
his/her regular starting time, and is furnished work until the end of his/her normal shift.
The first two hours of call back pay, per occurrence, shall not be taken as compensatory
time off and shall be paid to the employee as a cash payment.
10.3. Meal Periods
10.3.1. Unless otherwise established for a department or particular employees,
employees shall receive a sixty (60) minute meal period that shall not be compensated.
During the meal period, the employee shall be completely relieved of duties. If the
employee is authorized in advance and performs work during the meal period, the
employee shall be compensated for such time. Meal periods may not be used to
shorten the workday.
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11. LEAVES
(& (:ytf5
11.1. General Provisions
11.1.1. Employees are expected to be at work at scheduled times. To ensure
public accountability and the integrity of public service, all employees are expected to
account for their absences from work. Leave time is chargeable in increments of one-
quarter of an hour (1/4) or fifteen (15) minutes.
11.1.2. Scheduled Leaves shall be subject to approval by the Department Head
and scheduled two weeks in advance whenever possible, with due regard for the City's
service needs.
11 .1.3. The City may employ any reasonable measure to ensure employees are
properly accounting for leaves, including requiring reasonable proof that the basis for
the leave is legitimate. Employees may be required to submit a medical certification of
sickness supporting a request for sick leave use pursuant to Section 11.2.10 and City
policy. The City may require a fitness for duty certification from any employee returning
from leave. Abuse of leave privileges, including working for a secondary employer while
on sick leave, may subject an employee to disciplinary action, up to and including
termination of employment.
11.1.4. Leave benefits are available only to regular, or probationary, employees
regularly scheduled to work more than 1,040 hours on an annual basis, but not
temporary part-time or "extra help" personnel.
11.2. Available Leave Categories
11.2.1. The City provides the following leave categories: (a) General Leave; (b)
Sick Leave; (c) Military Leave (including leave for spouses/domestic partners of
qualified military personnel); (d) Jury Duty Leave; (e) Administrative Leave; (f) Leave
Without Pay (LWOP); (g) Bereavement Leave; (h) Pregnancy Disability/Parental Leave;
(i) Holidays; G) Compensatory Time Off; (k) Family Medical Leave (FMLA) (including
Military Family Leave); (I) Work-Related Injury or Illness Leave; and (m) Catastrophic
Illness Leave. Only employees in the competitive service are entitled to General Leave
and Sick Leave as provided in these rules. All eligible employees are entitled to Military
Leave; Jury Duty Leave; Administrative Leave; Leave Without Pay (LWOP);
Bereavement Leave; Disability/Parental Leave; Holidays; Compensatory Time Off;
Family Medical Leave (FMLA); Work-Related Injury or Illness Leave; and Catastrophic
Illness Leave as provided in these rules.
11.2.2. General Leave. A General Leave Plan shall be established for all
employees regularly scheduled to work more than 1,040 hours on an annual basis, in
lieu of traditional vacation leave, sick leave, etc. General leave may be used for any
leave purpose; however, the following sections shall govern its use. Employees shall
give at least two (2) weeks notice of a general leave request. Employees who terminate
employment shall be cashed out of their accrued but unused general leave at the
employee's hourly rate at the time of separation from City service.
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11.2.3. There shall be two categories of general leave as outlined below:
/114S
(a) Scheduled Leave: Any leave which one can reasonably forecast or anticipate
(i.e. vacation leave), scheduled medical/dental appointments, extended
weekends, personal leave, etc.
(b) Unscheduled Leave: Any leave that is genuinely of an unanticipated nature
(i.e. leave due to illness), etc.
11.2.4. Employees accrue General Leave at the following rates:
(a) Full-Time employees in the competitive service shall accrue general leave for
each bi-weekly period of service, based on the years of service with the City.
If an employee begins his/her service on any date other than the first working
day of a bi-weekly pay period, the amount of general leave earned in that
period shall be proportionate to the number of days worked. The accrual of
general leave shall begin on the first day of service. The bi-weekly period
shall coincide with the payroll period established by the City.
Length of Service Leave Accrued Leave Accrued
Each Bi-weekly Pay Each Year
Period
Beginning with the first 6.77 Hours 22 days
month through 5th year
(60th month)
Following the 51n year 8.31 Hours 27 days
through the 10th year (61 5t
- 120th month)
Following the 101n year 8.92 Hours 29 days
through the 15th year (1215t
- 180th month)
Following the 15m year 9.54 Hours 31 days
(1815t month)
(b) For employees in the competitive service scheduled to work between 20 and 40
hours per week, the pro-rata share to be accrued will be the percentage of a
regular 40 hour work week which they are scheduled to work, multiplied by the
leave accrued per month, as shown in Sub-section (a) above. For example, an
eligible employee scheduled to work 20 hours per week will accrue fifty percent
(50%) of the accrual rate in Subsection (a) above and an employee scheduled to
work 30 hours per week will accrue seventy-five percent (75%) of the accrual
rate shown in Subsection (a) above. The regularly scheduled number of work
hours must be designated on the Personnel Action Form.
11.2.5. No employee shall accrue more than 360 hours of General Leave. When
an employee's unused leave balance reaches this limit, such employee shall no longer
accrue general leave until the balance falls below the maximum accrual limit.
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,~ Of it)(
11.2.6. If, during the first twelve (12) months of employment, an employee /J
exhausts all leave accrued, the City Manager may advance an employee up to forty (40)
hours of general leave. An advance shall only be provided when it is in the best interest
of the City and the following conditions are met:
(a) The request is in writing, stating the reason for the advance; and
(b) The employee states the date of anticipated return.
(c) The advance of leave is part of a hiring process approved by the City
Manager.
Any leave that is advanced will be deducted from future accruals. If an employee
terminates employment prior to repayment of the advanced leave, the employee is
required to reimburse the City for paid salary and benefits which were not earned by the
employee.
11.2.7. Any employee separating from City service who has accrued general
leave shall be entitled to pay of such general leave. When separation is caused by
death of an employee, payment shall be made to the spouse or the estate of such
employee or, in applicable cases, as provided by the Probate Code of the State.
General leave will be paid out at the employee's current hourly rate at time of
termination, for any unused general leave.
11.2.8. Sick Leave. When an employee has reached the maximum general leave
accrual stated above, the employee shall accrue sick leave at the rate provided for
general leave. Sick leave shall only be earned for such time as the employee is
ineligible to accrue general leave due to the maximum accrual limit.
11.2.9. No employee shall accrue more than 360 hours of sick leave. When an
employee's unused sick leave balance reaches this limit, the employee shall no longer
be eligible to earn sick leave.
11.2.10. Use of sick leave hours shall not be considered as a right which may be
used at an employee's discretion, but shall be allowed only in case of necessity. An
employee shall only be eligible to use the sick leave hours in the following instances:
(a) An employee's illness or injury when the illness/injury prevents the employee
from working. Leave exceeding five (5) days may require a doctor's certificate
indicating that the employee was unable to work. The doctor may also be
required to specify whether the employee can return to work with or without
restrictions.
(b) An employee's dental, eye, or other physical or medical examination or
treatment by a licensed practitioner.
(c) For family medical purposes when a member of the employee's immediate
family is involved. This shall include the family member's illness, accident,
medical appointments, or other related occurrences.
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11.2.11. Employees who use sick leave hours will be required to file a requeJ0 ,(L(t"
form with the City Manager or designee stating the basis for the absence. Said request t1'.
form shall be on a form developed and implemented by the City Manager or designee.
Leave exceeding five (5) days may require a doctor's certificate indicating that the
employee was unable to work. The doctor may also be required to specify whether the
employee can return to work with or without restrictions. Such release of medical
information shall be in compliance with the law.
11.2.12. If a finding of industrial disability is made in connection with California
Public Employees Retirement (CaIPERS), employees may not be permitted to exhaust
paid sick leave balances prior to retirement unless the City Manager approves, in
his/her discretion.
11.2.13. Any employee separating from the City service who has unused' sick
leave hours will not be compensated for any such sick leave hours remaining at the time
of termination.
11.2.14. Military Leave. Military Leave shall be granted in accordance with the
provisions of state and federal law. In addition, in compliance with California Military &
Veterans Code section 395.10, the City shall provide to a spouse or domestic partner of
a member of the Armed Forces, National Guard, or Reserves up to 10 days unpaid
leave during a qualified leave period when the employee's spouse or domestic partner
is home on leave from a period of military conflict. Employees must make specific
requests for such leave and provide information to the City necessary for the City to
determine that such leave is warranted, pursuant to Military & Veterans Code section
395.10. Employees using leave pursuant to this section are required to use any
accrued paid leaves (such as general leave) concurrently with such unpaid leave.
11.2.15. JUry Dutv Leave. Employees summoned by state or federal court to jury
duty shall be entitled to full pay during the period of jury service. Employees must keep
their supervisors informed of their court schedule, and shall provide proof of jury service
to the City with their timesheet. Employees shall pay any fees received for jury service
to the City, except for mileage reimbursement. Jury Duty Leave does not count towards
hours worked for purposes of calculating overtime.
11.2.16. Administrative Leave. An employee, in the competitive service, who is
designated as FLSA Exempt under Section 9.1.8 above, shall on July 1st of each year
be granted 40 hours of Administrative Leave in recognition that said exempt employees
are required to work hours beyond their regular hours of work to fulfill their employment
responsibilities.
(a) On December 1st of each year, as defined, exempt employees may choose to
be paid to a maximum of 20 hours of their unused Administrative Leave.
Payment for said administrative leave shall be paid with the first pay period
ending date after December 1st of each year.
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c7UJ CJ{4 (
(b) The use of Administrative Leave requires the approval of the employee's r1
Department Head and City Manager or designee prior to the absence. A
request for scheduled Administrative Leave should be submitted on a form
designated by the City. The employee who has available Administrative
Leave and requests use of Administrative Leave shall be permitted to use
such time off within a reasonable period after making a request if such use
does not unduly disrupt the operations of the City. Employees should make
every effort to submit requests to take Administrative Leave two weeks prior
to the requested leave.
(c) On June 30th of each year, or if an employee terminates employment prior to
June 30th, employees shall forfeit any unused balances of Administrative
Leave.
11.2.17. Leave Without Pay. The City in its discretion may permit employees to
be on leave without pay (LWOP) not to exceed 90 days. An extension of any leave of
absence without pay beyond 90 days may be granted upon approval of the City Council
when such extension of leave is in the best interest of the City. Employees in such
status do not accrue vacation or other benefits, or receive service credit and may be
required to pay for portions or all health and welfare benefits/premiums during the
period of their leave without pay status. Employees shall be entitled to take personal
leave without pay when required by law.
11.2.18. Bereavement Leave. The City shall grant bereavement leave to include
leaves of absence with pay up to three (3) days where a member of the employee's or
spouse's or domestic partner's immediate family dies. The City in its discretion may
require some proof that a death in the family has occurred. Bereavement leave is
available only within thirty (30) days of a death in the family, unless the employee has
made arrangements with the City regarding its use at a later date.
11.2.19. Preonancy Disability/Parental Leave. The City shall provide pregnancy
disability leave to eligible employee in accordance with applicable law. An employee
who is disabled by pregnancy may take up to sixteen (16) weeks off work (including
both paid and unpaid leave) for pregnancy disability, childbirth or related medical
conditions. The employee may also be eligible for intermittent leave or a reduced work
schedule during her pregnancy if medically necessary. Employee must notify their
immediate supervisor of any medical restrictions caused by the pregnancy. The City
may require that the employee provide medical certification indicating there is a medical
need for the employee to take the time off or receive accommodation while continuing to
work. Pregnancy disability leave qualifies for leave under the Family and Medical Leave
Act (FMLA) but not under the California Family Rights Act (CFRA). During pregnancy
disability leave, the employee is entitled to FMLA benefits in accordance with the FMLA.
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After the employee's pregnancy disability ends, the employee is eligible for CFRA leav~) ~. 45
for an additional twelve (12) weeks, to care for a newborn. The City may require that
the employee provide a medical certification indicating when the pregnancy disability
ended. In addition to the 12-week FMLAlCFRA leave, upon request by the employee,
the City may grant additional leave without pay of up to four (4) weeks for the employee
to care for a newborn child or newly placed adopted or foster child. Requests for this
additional leave beyond the first twelve weeks of FMLAlCFRA leave for newborn care
may be granted within the discretion of the City in consultation with the employee's
Department Head with approval by the City Manager or designee.
Employees on pregnancy disability or parental leave retain employee status with the
City. The leave shall not constitute a break in service, and the employee shall be
~Iigible to receive all other employment benefits to the same extent and under the same
conditions as apply to FMLAlCFRA leave and LWOP in general. If the leave is unpaid
and does not qualify for FMLA or CFRA benefits, the employee shall reimburse the City
for the cost of any City-provided insurance policies that cover the employee and/or
dependents during the course of the leave.
Employees are required to utilize all accrued paid leaves prior to going on leave without
pay status. If mutually agreed to by the City and the employee, sick leave may also be
used for maternity leave purposes. Coordination of benefits and leave shall be handled
by the City's Personnel Officer.
11.2.20. Holidavs. The City observes the following legal holidays, which are
available to those employed prior to or on the date of the holiday:
(a) New Year's Day
(b) Martin Luther King Jr. Birthday
(c) Presidents Day
(d) Memorial Day
(e) I ndependence Day
(f) Labor Day
(g) Veteran's Day
(h) Thanksgiving Day
(i) . Day After Thanksgiving
U) Day Before Christmas
(k) Christmas
(I) Day Before New Year's Day
(m) Floating Holiday (one eight-hour holiday per calendar year)
11.2.21. In the event that a holiday falls on a Saturday, the preceding Friday shall
be a holiday. In the event a holiday falls on a Sunday, the following Monday shall be a
holiday. In cases where one of two consecutive holidays falls on a weekend day (e.g.,
the Day before Christmas and Christmas Day/the Day before New Year's and New
Year's Day) a conflict may occur with the paragraph above. In such cases, the City
Manager shall designate the day(s) to be observed as a holiday(s) in lieu of the
holiday(s), which falls on Saturday and/or Sunday. The City Manager's designation
shall not result in the observation of more total holidays than are approved in the
Employee Benefit Plan.
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11.2.22. If a non-exempt employee is required to work on a holiday, theO?o< ~Jf>
employee shall be compensated straight time rate for the first eight (8) hours of works '
on said day and in addition, shall receive. pay at time and one-half of their hourly rate in
lieu of time off for said holiday.
11.2.23. The floating holiday is subject to supervisory approval and may not be
carried over to another calendar year, and is lost unless used prior to the end of the
calendar year.
11.2.24. Compensatory Time Off. Non-exempt employees may choose to be
compensated for overtime work through compensatory time off (comp time) at the rate
of one and one-half hours comp time per overtime hour worked instead of receiving
cash payment. (See Rule 9.1.6)
11.2.25. Family Medical Leave. Family medical leaves are subject to Section 12
of these Rules.
11.2.26 Military Family Leave. Military Family Leave is subject to Section 12 of
the Rules.
11.2.27. Work-Related Iniury or Illness Leave. The City may grant up to 50 hours
of paid time off (per incident) for an employee to attend ongoing medical care/treatment
during work hours in conjunction with a work related injury/illness. Use of work-related
injury or illness leave hours shall not be considered as a right that may be used at an
employee's discretion, but shall be allowed only in case of necessity. Employees who
use disability leave hours may be required to provide a written explanation to the City
Manager or designee stating the cause of absence and report the hours as instructed
on their timesheets. Said explanation shall be on a form developed and implemented
by the City Manager or designee. Disability leave shall be granted only after the City's
Workers' Compensation administrator has declared the illness/injury to be compensable
under the California Workers' Compensation law. Only regular employees are eligible
for disability leave. Employees suffering injuries in the course and scope of their work
may be entitled to workers' compensation benefits. Employees having questions
regarding this rule should contact the Personnel Officer.
11.2.28. Catastrophic Illness Leave. Upon approval of the City Manager or
designee, a catastrophic sick leave bank may be established for the benefit of an
employee incapacitated by an extreme or severe illness or injury. Employees may
donate general leave and/or sick leave to another employee in accordance with the City
of Dublin Catastrophic Leave Administrative Policy (AP 06-1998) as may be amended
and subject to the conditions listed below:
(a) All regular employees of the City of Dublin (part-time and full-time) who have
successfully completed one year of paid service shall be eligible to request
catastrophic leave due to their own serious illness or injury, or serious illness
or injury to an immediate family member as defined in Section 1 of the City's
Catastrophic Leave Administrative Policy.
(b) Eligible employees may request leave donations after all leaves have been
(or are expected to be) exhausted.
19
( c) An employee requesting catastrophic leave must receive the recommendation 02:) or 4>'
of his/her Department Head, and the approval of the City Manager or A'
designee. Catastrophic Leave may be approved up to a maximum of 45
workdays in a calendar year.
(d) An employee receiving catastrophic leave shall remain on "paid status" for the
purposes of normal payroll deductions (Le., state and federal taxes,
retirement, health and benefit contributions, wage attachments and
assignments, etc.).
(e) While using catastrophic leave hours, the employee will continue to accrue
general leave hours.
(f) While using catastrophic leave, the employee will retain paid employee status
with the City; the leave shall not constitute a break in service; and the
employee shall be eligible to receive all other employment benefits to the
same extent and under the same conditions as a paid employee.
(g) Upon termination of employment, return to work, or death, all unused
catastrophic leave hours shall be returned to the City's "Catastrophic Leave
Bank." The recipient shall have no claim upon unused catastrophic leave
credits.
(h) Catastrophic Leave shall not be used in conjunction with short or long-term
disability benefits; Workers' Compensation leave; or light, limited or restricted
duty.
11.2.29. School Leave. Employees who are parents, guardians or grandparents
of a child in kindergarten through grade 12 may take up to forty (40) hours per year, not
exceeding eight (8) hours in a month, to participate in the child's school activities. The
employee must use accrued general leave, floating holiday, administrative leave or
compensatory time for this leave. Prior notice of the need for this leave must be given
to the immediate supervisor.
11.2.30. VotinQ Time. Employees will be granted time off with pay to vote in any
general, direct primary or presidential primary election in accordance with the provisions
of the Elections Code section 14000. Employees must give prior notice to their
immediate supervisors of their need to take such time off.
12. FAMILY AND MEDICAL LEAVES/MILITARY FAMILY LEAVE
12.1. Statement of Rule
12.1.1. In accordance with the Family and Medical Leave Act of 1993 (FMLA)
and the "California Family Rights Act" (CFRA), eligible employees may take up to a total
of twelve (12) work weeks of family and medical leave during a twelve (12) month
period for a qualifying event. FMLNCFRA leave may only be taken for the following
reasons:
(a) To care for the employee's child after birth;
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(b) As a result of the placement of a child with the employee in connection witr:2Lr <D.f 4!
the adoption or foster care of the child; I
(c) To care for the employee's spouse, domestic partner, son or daughter, or a
parent who has a serious health condition; or
(d) For a serious health condition that makes the employee unable to perform
his/her job.
(e) Military Family Leave -- to attend to any "qualifying exigency" arising out of
the fact that the spouse, domestic partner, son, daughter or parent of the
employee is on active military duty or has been notified of an impending call
or order to active military duty in the Armed Forces. This type of leave is
provided in compliance with the National Defense Authorization Act for FY
2008 (NDAA) which amends the FMLA. Until the term "qualifying exigency"
is defined by published U.S. Department of Labor regulation, the City, in its
sole discretion, shall determine the circumstances which constitute a
qualifying exigency. Examples of "qualifying exigency" are (a) the need to
make arrangements for child care arising from the absence of the service
member on military duty; and (b) the need to assist the service member in
making necessary financial or legal arrangements prior to leaving for active
military duty. Employees must make a specific written request for such
leave, stating the reasons for such leave. Such leave may be granted by
the City on a case by case basis under the specific circumstances.
In addition, in accordance with NDAA, an eligible employee shall be entitled
to up to a maximum of 26 workweeks of leave during a 12-month period to
care for a family member who is a member of the Armed Forces who is
undergoing medical treatment, recuperation or therapy for a serious injury or
illness incurred in line of duty in active duty in the Armed Forces. Leave for
this purpose shall only be available during a single 12-month period. During
this single 12-month period, the employee shall be entitled to a maximum
combined total of 26 workweeks of leave for both this type of leave and
Family Care and Medical Leave. However, this shall not limit the availability
of Family Care and Medical Leave during any other 12-month period.
12.1.2. If leave is requested for the birth, adoption or foster care placement of a
child of the employee, leave must be concluded within one year of the birth or
placement of the child. An employee is entitled to leave for one of these purposes for at
least one day, but less than two weeks duration on any two occasions, or a minimum
duration of two weeks.
12.1.3. The maximum duration of combined leave for both a husband and wife
(or domestic partners) working for the City is limited to a total of twelve (12) working
weeks if leave is taken for the birth or placement for adoption or foster care of the
employees' child.
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12.2. Eligibility o?5 ~ trt
12.2.1. Employees are eligible for leave pursuant to this rule if the employee has
been employed with the City for at least 12 months and has actually worked for at least
1,250 hours during the 12-month period immediately preceding the commencement of
the leave.
12.2.2. In addition to the requirements of 12.2.1, to be eligible for Military Family
Leave to care for an injured service member, the employee must be a spouse, domestic
partner, son, daughter, parent or next of kin of a covered service member. The service
member's medical condition must warrant the participation of the employee to provide
supervision or care during the entire period of leave.
12.3. Notification
12.3.1. Employees shall provide the City as much notice as possible of their need
for FMLAlCFRA leave. If the leave is foreseeable, thirty (30) days notice is required. In
addition, if an employee knows that he/she will need leave in the future, but does not
know the exact date(s), the employee shall inform his/her supervisor of the estimated
time when the leave will be needed. Violation of the provisions of this policy may result
in a delay of the granting of the leave.
12.3.2. Employees may be required to periodically report on their status and
intent to return to work.
12.4. Medical Certification
12.4.1. Employees who request leave for their own serious health condition or to
care for a child, parent, spouse or domestic partner who has a serious health condition
may be required to provide written certification from the health care provider of the
individual requiring care. If the leave is for the employee's own serious health condition,
the certification must include a statement that the employee is unable to work at all or
unable to perform the essential functions of his/her position. If the leave is to care for a
family member who is a member of the Armed Forces who is undergoing medical
treatment, recuperation or therapy for a serious injury or illness incurred in line of duty in
active duty in the Armed Forces, the employee may be required to provide written
certification from the Armed Forces regarding the condition of the individual requiring
care, consistent with Department of Labor guidelines.
12.4.2. Employees must provide the certification prior to when the leave begins.
If the leave is unforeseeable, certification must be provided within 15 calendar days
after the notification of the need for the leave. Violation of the provisions of this policy
may result in a delay of the granting of the leave until the required certification is
provided.
12.4.3. If the City has reason to doubt the validity of a certification, the City may
require a medical opinion of a second health care provider chosen and paid for by the
City. If the second opinion is different from the first, the City may require the opinion of a
third provider jointly approved by the City and employee, but paid for by the City. The
opinion of the third health care provider will be binding.
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12.4.4. If an employee requests leave intermittently (a few days or hours atc{!011t5
time) or on a reduced leave schedule to care for an immediate family member with a '
serious health condition, the employee must provide medical certification that such
leave is medically necessary. "Medically necessary" is defined as a medical need for the
leave and that the leave can best be accomplished through an intermittent or reduced
leave schedule.
12.5. Use of Accrued Leaves
12.5.1. Employees must use their available accrued leaves, if applicable, (until
the leaves are exhausted) concurrently with FMLAlCFRA leave. After sick leave is
exhausted, the employee must use all accrued general leaves concurrently with
FMLAlCRFA leave. If available accrued leave are exhausted, leave under this policy is
unpaid.
12.5.2. If the employee takes a leave of absence for any reason which is
FMLAlCFRA qualifying, the City may designate that leave as running concurrently with
the employee's 12-week FMLAlCFRA leave entitlement and the City's Maternity Leave
provisions (as applicable); provided that the City will notify the employee at the time of
the designation.
12.6. Continuation of Benefits
12.6.1. For the duration of the 12-workweek leave pursuant to this rule, the City
shall maintain its payment for the employee's health insurance under its group health
plan. The City may require the employee to reimburse the City for these costs for the
entire leave period if the employee fails to return to work at the conclusion of the leave,
provided that the failure to return to work is for a reason other than: (a) the
continuation, recurrence or onset of a serious health condition; or (b) the City Manager
or designee waives the requirement owing to some circumstances beyond the control of
the employee.
12.6.2 An employee who exhausts his or her entitlement to this 12 workweeks
of health plan coverage while on Military Family Leave shall not be entitled to any
additional 12 workweeks of health plan coverage under the FMLA. Other group
insurance coverage and retirement benefits shall be continued in accordance with the
provisions of the applicable group insurance
12.6.3. Accrual of Benefits While on Leave: Employees will not accrue benefits
while in an unpaid leave status, including accrual of general leave, sick leave or
seniority.
12.7. Reinstatement
12.7.1. Upon expiration of leave, an employee is entitled to be reinstated to the
position of employment held when leave commenced, or to a comparable position with
equivalent employment benefits, pay and other terms and conditions of employment if
the former one is abolished during the period of leave and the employee would
otherwise not have been laid off. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the. employee had been
continuously employed during the leave period.
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12.7.2. As a condition of reinstatement of an employee whose leave was due;)7 rJ(lf>
the employee's own serious health condition, the employee must obtain and present a A'
fitness-for-duty certification from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of reinstatement.
12.8. Definitions
12.8.1. For the purposes of this section, the following definitions apply.
(a) "12-Month Period:" A rolling period measured backward from the date leave
is taken and continuous with each additional leave day taken.
(b) "Child:" A child under the age of 18 years, or 18 years or older who is
incapable of self-care in three or more of the activities or instrumental
activities of daily living, such as grooming and hygiene, bathing, dressing,
eating, cooking, cleaning, taking public transportation, etc.
(c) "Parent" The biological parent of an employee or an individual who stands
or stood in loco parentis (in place of a parent) to an employee when the
employee was a child. This term does not include parents-in-law.
(d) "Spouse:" a husband or wife as defined or recognized under California State
law for purposes of marriage.
(e) "Domestic Partner:" means domestic partner as defined under California
Family Code section 297.
(f) "Serious Health Condition:" An illness, injury, impairment, or physical or
mental condition that involves: (1) any period of incapacity or treatment in
connection with a hospital, hospice or residential medical care facility; (2)
any period of incapacity requiring absence from work, of more than three
calendar days, that also involves continuing treatment by (or under the
supervision of) a health care provider; (3) continuing treatment of a health
care provider for a chronic or long-term health condition that is incurable or
so serious that, if not treated, would likely result in a period of incapacity of
more than three calendar days; or (4) for prenatal care by a health care
provider. Continuing treatments include two or more visits to a health care
provider; two or more treatments by a health care practitioner on referral
from, or under the direction of a health care provider; or a single visit to a
health care provider that results in a regimen of continuing treatment under
the supervisor of the health care provider.
(g) "Health Care Provider:" A medical practitioner authorized to practice
medicine in the State of California and performing within the scope of their
practice as defined under state law, or as otherwise defined in the Family
and Medical Leave Act.
12.8.2. In addition, the following definitions apply for Military Family Leave:
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(a) "Covered service mem. ber" means a member of the Armed Forces, includin~ 'f.. ttf
a member of the National Guard or Reserves, who is undergoing medical r1
treatment, recuperation, or therapy, is otherwise in outpatient status, or is
otherwise on the temporary disability retired list, for a serious injury or
illness.
(b) "Serious injury or illness" means an injury or illness incurred by the service
member in line of duty on active duty in the Armed Forces that may render
the service member medically unfit to perform the duties of the service
member's office, grade, rank or rating.
(c) "Outpatient status" means the status of a service member assigned to (a) a
military medical treatment facility as an outpatient; or (b) a unit established
for the purpose of providing command and control of members of the Armed
Forces receiving medical care as outpatients.
(d) "Next of kin" means the nearest blood relative of the service member.
12.8.3. In the event that a conflict arises between this article and federal or state
law or regulations, or if some aspect of the Family and Medical Leave is not covered by
this article, the federal and state law and regulations will prevail.
13. TRANSFERS I ACTING PAY
13.1. A non-probationary City employee with at least satisfactory appraisal
ratings may request a transfer to a lateral or other lower level vacant position in the City.
The transfer request may be initiated by submitting forms as prescribed by the
Personnel Officer. The employee requesting a transfer must meet the minimum
qualifications for the vacant position, and may be subject to interviews and other pre-
employment processes specified by the City. Following reasonable notice to City
employees, vacant positions may be filled through transfers rather than appointments
from eligible lists.
13.2. The City may initiate a transfer of a disabled employee who qualifies under
applicable disability laws but cannot perform the essential functions of their jobs without
reasonable accommodation. Such transfers will have priority over any eligibles on an
existing eligible list.
13.3 An employee assigned to perform duties of an assignment, in writing by the
City Manager, who pursuant to such assignment, does assume and perform all of the
ordinary day-to-day duties of a position of a higher classification for thirty-one (31)
consecutive work days shall be paid an additional 5% of the regular pay of his/her own
classification, or the first step of the higher classification in the classification plan
whichever is greater, for all time worked in the assigned higher classification. Work
assignments shall not be changed for the sole purpose of evading the requirement of
providing acting pay to an employee who would otherwise be eligible. The effective date
of any change in assignment under this section shall be noted on a Personnel Action
Form that must be approved by the City Manager or designee. A Personnel Action
Form shall be generated upon the completion of the Acting Pay status identifying
regular pay of his/her classification prior to the acting pay authorization.
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d q':f 1ft'
14.1. Whenever in the sole judgment of the City Council it becomes necessary
to abolish any position that is held by a full time regular employee due to a
reorganization, or lack of work or funds, the employee holding said position may be laid
off or demoted without disciplinary action and without the right of appeal. Whenever
possible, employees will be given at least 30 days notice of any layoff.
14. LAYOFF AND RECALL POLICY
14.2. When a layoff involves a position classification held by more than one
person, layoffs will be made in a reverse order of seniority. Seniority will be determined
by including all periods of full time regular service at or above the classification level
where the layoff is to occur.
14.3. Persons laid off or demoted in accordance with this policy will have their
names kept on a re-employment list for two full years from the date of layoff or
demotion. The re-employment list will be used by the City when a vacancy arises in the
same or lower classification of position in the department where the layoff originally
occurred before seeking promotional and/or general applications from others.
14.4. This policy does not apply to at-will, part-time or probationary employees.
15. EMPLOYEE SAFETY I VIOLENCE IN THE WORKPLACE
15.1. General Safety Rules
15.1.1. Safety is everyone's responsibility. All employees must use safe work
practices and report any unsafe conditions that may occur. The City also recognizes its
responsibility to maintain safe workplaces.
15.1.2. All work-related injuries must be reported to the responsible supervisor. If
there is any question regarding the appropriate supervisor, the report should be made
immediately to the City's Personnel Officer.
15.1.3. If a work-related injury may result in lost work time, the employee should
be provided with a workers' compensation claim form within one (1) working day of the
injury.
15.1.4. Individual departments may adopt specific safety rules applicable to their
operations.
15.2. Violence in the Workplace Policy
15.2.1. Acts of violence, whether threatened, gestured, or carried out will not be
tolerated in a City of Dublin workplace. Anyone witnessing or becoming the subject or
victim of such behavior shall immediately report it to the proper authorities for
investigation pursuant to the City's Administrative Policy (AP-12-2004) or as amended.
Minimizing the threat of violence is a duty of all employees to ensure a safe workplace.
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15.2.2. It is the responsibility of all employees to notify a supervisor, t~O ~trS;
Personnel Officer, or the Police Chief immediately of any violent act or a threat, or if a !
violent act or threat against themselves or any other City employee occurs in the
workplace or is directly associated with their employment with the City of Dublin.
Notification may be made to any of these persons as appropriate and shall be made as
soon as practicable. Retaliation or the threat of retaliation against a person who reports
such an incident is unlawful and shall not be tolerated.
15.2.3. City employees shall not possess the following instruments at a City
worksite or on City property, including City parking lots, unless there is a work-related
purpose and written approval has been obtained from the employee's Department
Head:
(a) Firearms
(b) Explosives or ammunition
(c) Fixed blade knives
(d) Folding knives with blades over 3.5 inches
(e) Illegal weapons such as defined in Section 12020 of the California Penal
Code
15.2.4. The City shall take appropriate disciplinary action, up to and including
termination of employment, against employees who violate this policy.
15.2.5. On a case by case basis, or as needed, the City will offer incident-related
counseling services through the City's available employee assistance program, or any
other resource or program made available by the City, to employees who are the victims
of violence or are subjects of threats of violence or intimidation at the workplace. The
City will work with public safety, the courts and other authorities necessary to assure
employee safety.
15.3. Procedures - Imminent or Actual Violent Acts
15.3.1. Employee Responsibilities: An employee who is in immediate apparent
danger of a violent act, or another employee who witnesses a violent act or the threat of
a violent act shall, whenever possible:
(a) Place themselves in a safe location.
(b) Call Dublin Police Services at (925) 462-1212 (or 911 as appropriate) and
request the immediate response of a police officer. Be prepared to inform
the police dispatcher of the circumstances and exact location of where an
officer is needed.
(c) Inform a supervisor or manager of the circumstances.
(d) Refer media inquiries to the City Manager's Office.
(e) Cooperate fully in any administrative or criminal investigation, which shall be
conducted within this policy and the laws.
15.3.2. Supervisor/Manager Responsibilities:
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(a) Place themselves in a safe location, as necessary.
(b) A supervisor or manager, who is informed of a violent act or the threat of a
violent act, shall whenever possible ensure the immediate safety of
employees and the worksite by calling the Dublin Police Services at 925-
462-1212 (or 911 as appropriate), and notify the Department Head and
Personnel Officer.
3/:;45
(c) If feasible, the supervisor/manager shall have the involved individuals wait
in separate rooms or locations until the police take control or remove them
from the premises.
(d) In consultation with the City Manager, determine if it is appropriate to obtain
a restraining order or other appropriate injunctive and/or other legal and/or
equitable relief.
(e) Reassign/relocate personnel or job duties, if required.
(f) Terminate any business relationship.
(g) Any other action deemed by the City to be necessary or required under the
circumstances.
(h) Supervisors shall obtain basic information from the employee and provide
this to responding police personnel.
(i) Refer media inquiries to the City Manager's Office.
15.3.3. Procedures - Future Violence
(a) Employees who have reason to believe they, or another City employee, may
be victimized by a violent act sometime in the future, at the workplace or as
a direct result of their employment with the City of Dublin, shall inform their
supervisor immediately so appropriate action may be taken. The supervisor
shall inform his/her Department Head and the City's Personnel Officer.
(b) Employees who have a legal restraining order, temporary or permanent,
against an individual due to a potential act of violence, who would be in
violation of the order by coming near them at work, shall immediately supply
a copy of the signed order to their supervisor and the Personnel Officer.
The Personnel Officer shall notify Dublin Police Services as appropriate.
15.3.4. Post-Incident Review
(a) The City Manager's Office, the City Personnel Officer, the Dublin Police
Services, and the affected department may conduct a post-incident review
and use the review to evaluate this policy and procedure.
(b) The City may determine what continuing support systems are needed and
oversee post-incident activities.
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16. APPEAL PROCEDURE
~~pf
16.1. This appeal procedure is intended to provide an avenue only for redress of
complaints that the City has in some manner violated these rules.
16.2. The appeal must be initiated within fifteen (15) calendar days of the facts
giving rise to the appeal, and must be submitted to the City's Personnel Officer. Failure
to initiate an appeal within this timeframe will result in denial of the appeal as untimely
and void. The Personnel Officer may, in his/her discretion, submit the appeal for
response as the first step to a directly involved supervisor or other department
representative.
16.3. Appeals must be in writing, signed by the affected employee(s) and allege
that the City has violated a specific provision of these rules. Appeals must contain the
specific facts upon which they are based. Appeals that fail to include these elements
may be rejected on that basis.
16.4. The Personnel Officer, will review the appeal and shall serve notice of a
written response within fifteen (15) calendar days of receipt of the appeal.
16.5. If the appellant is dissatisfied with the City's first response, the appellant
may submit an appeal to the City Manager. The appeal must be received by the City
Manager within fifteen (15) calendar days of the Personnel Officer's decision.
16.6. The City Manager, or the City Manager's designee, will review the appeal
and shall serve notice of a written response within fifteen (15) calendar days of receipt
of the appellant's appeal. The City Manager's decision shall be final.
16.7. No other grievance or appeal procedure may be used for matters within the
scope of this appeal procedure.
16.8. Exhaustion of this appeal procedure is intended to provide an informal
avenue for redress of complaints relating to these rules, and to give the City an
opportunity to investigate the complaint and correct any problems before they become
more serious.
17. DISCIPLINE I GENERAL RULES OF CONDUCT
17.1. General Rules of Conduct
17.1.1. It is expected that all employees shall render the best possible service
and reflect credit on the City. Therefore the highest standards of professional conduct
are essential and expected of all employees.
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17.2. Disciplinary Actions c33::11tf'
17.2.1. The City of publin may invoke the following types of disciplinary actions:
(a) Official Reprimand
(b) Suspension Without Pay
(c) Reduction in Pay
(d) Demotion
(e) Disciplinary Probation
(f) Discharge/Termination
17.3. Grounds for Discipline
17.3.1. Disciplinary measures may be taken for any good and sufficient cause.
City employees who are employed "at-will," or who are temporary or probationary, are
not subject to the requirement of good cause, and are not entitled to pre-discipline
procedures or appeals under these policies '
17.3.2. Good cause exists not only when there has been an improper act or
omission by an employee in the employee's official capacity, but when any conduct by
an employee brings discredit to the City, affects the employee's ability to perform his or
her duties, causes other employees not be to able to perform their duties, or involves
any improper use of their position for personal advantage or the advantage of others.
Good cause also exists if an employee is unable to perform the duties of his/her position
for an extended period of time. The type of disciplinary action shall depend on the
seriousness of the offense and the relevant employment history of the employee.
Causes for disciplinary action against an employee may include, but shall not be limited
to, the following:
(a) Misstatements or omissions of fact in completion of the employment
application or to secure appointment to a position with the City.
(b) Dishonesty; furnishing knowingly false information in the course of the
employee's duties and responsibilities.
(c) Inefficiency, incompetence, carelessness or negligence in the performance
of duties.
(d) Violation of safety rules.
(e) Violation of any of the provisions of these personnel rules and regulations,
department rules and regulations, City policies, City ordinances or
resolutions.
(f)
(g) Tardiness, overstaying lunch periods, or leaving early.
(h)
Inattention to duty.
Being under the influence of an intoxicating beverage or non-prescription
drug, or prescription drugs not authorized by the employee's physician,
while on duty or on City property, or any other violations of the City's Drug
Free Workplace Administrative Policy (AP- AP 05-1997).
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(i)
Disobedience to proper authority. refusal or failure to perform assigneplf;fJf>
work, to comply with a lawful order, or to accept a reasonable and proper '
assignment from an authorized supervisor.
U)
(k) Unauthorized soliciting on City property.
(I)
Any violation of the City's Nondiscrimination Policy.
Unauthorized absence without leave; failure to report after leave of absence
has expired or after a requested leave of absence has been disapproved,
revoked or canceled; or any other unauthorized absence from work.
(m) Conviction of a felony, or a misdemeanor involving moral turpitude, or a
violation of a federal, state or local law which negatively impacts the
employee's ability to effectively perform his/her job or brings discredit to the
City.
(n) Discourteous and/or offensive treatment of the public or other employees.
(0) Falsifying any City document or record.
(p) Misuse of City property; improper or unauthorized use of City equipment or
supplies; damage to or negligence in the care and handling of City property.
(q) Fighting, assault and/or battery.
(r) Theft or sabotage of City property.
(s) Sleeping on the job, except as specifically authorized.
(t) Accepting bribes or kickbacks.
(u) Engaging in outside employment which conflicts with an employee's
responsibilities.
(v) Intimidation or interference with the rights of any employee.
(w) Outside work or any other activity or conduct which creates a conflict of
interest with City work, which causes discredit to the City, negatively
impacts the effective performance of City functions or is not compatible with
good public service or interests of the City service.
(x) 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.
(y) Abusive or intemperate language toward or in the presence of others in the
workplace.
(z) Gambling.
(aa) Excessive absenteeism; inability to perform the duties of the position.
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3~q;pJf5
(bb) Any other conduct of equal gravity to the reasons enumerated above a~ ~
determined by the City.
17.4. Authority to Discipline
17.4.1. Any authorized supervisory employee may institute disciplinary action for
cause against an employee under his/her control in accordance with the procedures
outlined in these rules.
17.4.2. The City in its discretion may place an employee on paid Administrative
Leave. Employees on such leave shall be subject to the City's instructions during their
normal working hours.
17.5. Procedure for Disciplinary Action
17.5.1. In the absence of a process in a Memorandum of Understanding (MOU),
employees covered by this policy shall be governed by the following provisions:
17.6. Written Notice / Pre-Discipline Meeting / Final Action
17.6.1. For written reprimands, the employee may submit a written response to
the reprimand which shall be placed in the employee's personnel file. There is no further
right of appeal to a written reprimand. For other discipline, the City shall issue a written
notice of discipline, describing the intended discipline, the basis for the discipline, and
attaching any documents upon which the discipline is based.
17.6.2. Minor Discipline. For other discipline that is less severe than a reduction
in payor suspension of six (6) working days, the discipline may be imposed prior to
providing the employee a right to respond to the discipline. Within a reasonable time
after the discipline is imposed, or before the discipline is imposed, within the City's
discretion, the City must provide the employee with notice of the disciplinary action,
which includes the reasons for the action, a copy of the charges including materials
upon which the action is based, and notice of the employee's right to respond, orally or
in writing, to the proposed action. If the employee chooses to respond orally, the City
Manager, or designee, shall convene a meeting to review the employee's response and
position. The employee shall be entitled to a representative of his/her choice to attend
the meeting. If the City Manager (or designee) decides to reduce the discipline, and if
the employee has already served a disciplinary suspension for the offense, the
employee shall be compensated commensurate with the reduction in discipline. The
City Manager's (or designee's) decision is final and there is no further right of appeal.
17.6.3 Major Discipline. For discipline that is greater in severity than a reduction
in payor suspension of five (5) working days, the employee shall receive notice of the
right to respond, either orally or in writing, before discipline is imposed. The City shall
set the pre-discipline meeting approximately one week from the date of the notice,
unless a different time and date is set by mutual agreement.
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17.6.4. For discipline that is greater in severity than a suspension of fiV~)1!{ Jf~
working days, the City Manager, or designee, shall convene a meeting to review th~
employee's response and position before imposing discipline. The employee shall be
entitled to a representative of his/her choice; provided, however, that the inability of a
particular representative to attend the meeting shall not be the cause requiring a
continuance of the meeting. At the meeting, the employee shall be provided the
opportunity to respond to the charges and to present any new information for
consideration by the City.
17.6.5. For discipline that is greater in severity than a suspension of five (5)
working days, at some reasonable time after the employee has been provided an
opportunity to respond to the charges, the City shall issue a final notice of discipline.
The notice shall include the final decision, the effective date of the discipline and the
facts upon which the discipline is based and notice of the right of appeal.
17.7. Appeal
17.7.1. For discipline that is greater in severity than a suspension of five (5)
working days, employees shall have the right to appeal from the final decision as
follows. The employee's request for an appeal must be received within seven (7)
calendar days from the date of the final notice of discipline, or the right to appeal is
waived and the discipline shall become final.
17.7.2. The appeal shall be heard by an outside impartial independent hearing
officer to be selected by the City.
17.7.3. The costs of the hearing officer shall be borne by the City. The hearing
shall be transcribed.
17.7.4. The hearing officer shall have the authority to convene the hearing,
receive evidence through testimony and documents and to make findings of fact and
recommendations about the discipline. The hearing officer may recommend an
outcome, but the final authority rests with the City Manager. The hearing officer shall
make detailed findings of facts related to the disciplinary charges in writing and shall
serve a recommended decision on the City and the employee. After consideration of
the hearing officer's recommended decision, the City Manager shall issue a final
decision in writing. The City Manager's decision is reviewable by administrative writ of
mandamus.
18. RESIGNATIONS
18.1. General Provisions
18.1.1. Employees are free to resign from their employment, but are encouraged
to give at least two (2) weeks notice. A resignation becomes effective upon the City's
receipt of a written notice of resignation. If no written resignation is tendered, but a
resignation is indicated orally, a resignation becomes effective upon the City's notice of
acceptance of the resigriation. Once a resignation becomes effective, it is irrevocable
except that the City Manager may in his/her discretion permit a resignation to be
rescinded.
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18.2. Automatic Resignation b '1 ~~
18.2.1. Employees are deemed to have resigned when absent from work for
three (3) consecutive workdays without prior authorization. The City shall give the
employee notice of such automatic resignation. Except for at-will or probationary
employees, regular employees who are separated from the City's service by automatic
resignation may utilize the appeal procedure in Section 16 of these rules.
19. NON-DISCRIMINATION POLICY AND HARASSMENT POLICY
19.1. Purpose
19.1.1. The purpose of this policy is:
(a) To reaffirm the City's commitment to prohibit and prevent unlawful
discrimination (including harassment) in all workplaces of the City of Dublin;
(b) To define discrimination and harassment prohibited under this policy;
(c) To set forth a procedure for resolving complaints of prohibited discrimination
and harassment.
19.1.2. This policy shall not be construed to create a private or independent right
of action. Although this policy is intended to prohibit discrimination consistently with
Title VII of the Civil Rights Act of 1964, as amended, the Americans with Disabilities Act,
the California Fair Employment and Housing Act and California Labor Code Section
1102.1, the City reserves the right to interpret and apply this policy to provide greater
protection than what is afforded under those laws.
19.2. Policy
19.2.1. The City of Dublin is committed to providing an environment that is free
from harassment and discrimination of any kind, including sexual harassment and
harassment based on race, color, religion, creed, national origin, ancestry, age, physical
disability, mental disability, medical condition, marital status, sexual orientation, or any
other characteristic prohibited by state or federal law. Therefore, it is important that the
City maintain an atmosphere characterized by mutual respect in order to assure fair,
courteous treatment for employees and the public.
19.3. Unlawful Discrimination/Harassment Prohibited
19.3.1. The City strongly disapproves of and will not tolerate harassment or
discrimination against City employees, applicants, or City volunteers by elected or
appointed officials, managers, supervisors, coworkers or volunteers. The City also
strongly disapproves of unlawful harassment of City employees by persons with whom
the City has a business, service or professional relationship.
34
/
19.3.2. Sexual harassment and illegal discrimination are considered serious i:iI.~ ~ 45
of misconduct and will not be tolerated. Employees who violate this policy and engage .
in acts of sexual harassment or illegal discrimination of any type, for any duration, shall
be subject to severe disciplinary action, up to and including termination. Retaliation
against individuals who complain of sexual harassment or any type of prohibited
discrimination or who participate in an investigation into sexual harassment or
discrimination shall not be tolerated. Employees who engage in such acts of retaliation
shall be subject to serious disciplinary action, up to and including termination.
19.4. Definitions
19.4.1. Prohibited discrimination and harassment for purposes of this policy,
includes but is not limited to:
(a) Speech: Such as epithets, derogatory comments or slurs, and lewd
propositions on the basis of race, sex, religion, creed, national origin,
ancestry, disability, medical condition, marital status, age, or sexual
orientation. This includes, without limitation, inappropriate sex-oriented
comments about appearance, including dress or physical features, and race
or ethnicity-oriented stories and jokes.
(b) Physical Acts: Such as assault, impeding or blocking movement, offensive
touching, or physical interference with normal work or movement when
directed at an individual on the basis of race, sex, religion, national origin,
ancestry, disability, medical condition, marital status, age or sexual
orientation. This includes pinching, grabbing, patting, propositioning,
leering, or making explicit or implied threats or promises in return for
submission to physical acts.
(c) Visual: Such as derogatory posters, cartoons, or drawings related to race,
sex, religion, national origin, ancestry, disability, medical condition, marital
status, age, or sexual orientation. This includes, without limitation, sending
inappropriate emails of a sexual nature to employees, or viewing
pornography either in magazines or on the internet in view of other
employees, displaying pictures or objects depicting nude or scantily-clad or
suggestively posed men or women: circulating derogatory or obscene notes,
letters, emails or other literature.
(d) Retaliation: Adverse employment actions carried out in retaliation for good
faith submission of discrimination or harassment charges, or good faith
participation in an investigation made pursuant to this policy.
(e) Adverse employment actions carried out on account of race, sex, religion,
national origin, ancestry, disability, medical condition, marital status, age or
sexual orientation.
19.5. Harassment
19.5.1. Harassment on the basis of race, religion, creed, political affiliation, color,
national origin, ancestry, sex, sexual orientation, age, familial/marital status, or mental
or physical disability is prohibited. Speech, verbal or physical conduct relating to these
categories constitutes harassment when it:
35
(a) Has the purpose or effect of creating an intimidating, hostile or offenJi ~ Lf';:'
working environment; or
(b) Has the purpose or effect of unreasonably interfering with an individual's
work performance; or
(c) Otherwise adversely affects an individual's employment opportunities.
19.6. Sexual Harassment
19.6.1. Sexual harassment is a form of unlawful sex discrimination and will not be
tolerated by the City. Unwelcome sexual advances, requests for sexual favors and
other verbal, visual or physical conduct of a sexual nature constitute unlawful
harassment when:
(a) Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment.
(b) The submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual; or
(c) Sexual advances, requests for sexual favors or other verbal or physical
conduct of a sexual nature that has the purpose or effect of unreasonably
interfering with an employee's work performance or of creating an
intimidating, hostile, or offensive work environment.
19.6.2. Sexual harassment refers to conduct that is not welcome, that is
offensive, that fails to respect the rights and dignity of others, that lowers morale and
that, therefore, interferes with work effectiveness.
19.7. Reporting Unlawful Harassment or Discrimination
19.7.1. Any employee who believes he or she has been unlawfully harassed or
discriminated against should promptly report it orally or in writing to the employee's
supervisor, the City's Personnel Officer or the City Manager. An employee is not
required to complain first to a supervisor if that person is the individual who is harassing
and/or engaging in discriminatory actions against the employee. Instead, the employee
may report the harassment/discrimination to any member of management.
19.7.2. Any supervisor or manager who receives a complaint of unlawful
harassment/discrimination, or who observes or otherwise learns about unlawfully
harassing conduct shall notify the City's Personnel Officer immediately. Failure to do so
may result in disciplinary action up to and including termination.
19.8. Remedial Action
19.8.1. Upon receiving a complaint of discrimination or harassment, the City may
undertake an investigation of the complaint(s). Any investigation and investigation
report prepared relating to the complaint shall be kept confidential except as required by
law. If harassment or discrimination is found to have occurred in violation of this policy,
the City shall take action to ensure or confirm that the harassment or discrimination at
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issue is stopped. The City may take whatever measures are appropriate to ensu~ ri. ~ !f!f7
workplaces remain free from unlawful discrimination or harassment.
19.8.2. Employees found to have engaged in discrimination or harassment
covered by this policy may be subject to disciplinary action up to and including
termination of employment.
19.8.3. Employees found to have been dishonest or uncooperative during an
investigation into allegations of unlawful harassment may be subject to disciplinary
action up to and including termination of employment.
19.9. No Retaliation
19.9.1. Employees should feel free to report valid claims of unlawful harassment
without fear of retaliation of any kind. The City will not retaliate against or tolerate
retaliation against employees for making any complaint of unlawful harassment in good
faith, or against any employee for cooperating in an investigation.
19.9.2. Dissemination of Policy. Copies of the City's Nondiscrimination Policy,
and of these complaint procedures, shall be provided to all employees of the City, and
to all new employees at the time of hiring. From time to time, the City may also conduct
training for its employees to assist them in learning how to recognize, avoid and correct
discriminatory behavior.
19.9.3. In accordance with state law, the City shall provide at least two hours of
classroom or other effective interactive training and education regarding sexual
harassment to all supervisory employees within six months of their assumption of a
supervisory position, and shall provide such training and education to each supervisory
employee at least once every two years.
19.10. DFEH and EEOC
19.10.1. In addition to notifying the City about unlawful harassment or retaliation,
an affected employee may also direct his or her complaint to the California Department
of Fair Employment and Housing ("DFEH"), which has the authority to conduct
investigations of the facts. The deadline for filing complaints with the DFEH is one (1)
year from the date of the alleged unlawful conduct. Employees may contact the nearest
DFEH office or the Fair Employment and Housing Commission (FEHC) at the locations
listed in the City's DFEH poster or by checking with the state government listings in the
local telephone directory.
19.10.2. An employee also has the right to direct his or her complaint to the
federal Equal Employment Opportunity Commission (EEOC).
19.11. Obligation of Employees
19.11.1. Employees are responsible for knowing the City's policy on
nondiscrimination; refraining from discriminatory behavior, including harassment;
reporting incidents of discrimination in a timely fashion; cooperating in any investigation
concerning allegations of discrimination; and maintaining confidentiality concerning any
investigation that is conducted.
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19.11.2. All employees are also encouraged to communicate with one anothe~& ~Lt-~
assist co-employees to avoid harassing, discriminatory, or otherwise offensive behavior.
20. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES
If an employee believes he or she has a disability, the employee may request a
reasonable accommodation for that disability. Such requests should be submitted to
the employee's Department Head, Personnel Officer or City Manager. If the employee
has a "disability" as defined under the Fair Employment and Housing Act, the City shall
engage in an interactive process with the employee to determine an appropriate
accommodation for the employee in accordance with applicable law. In effectuating the
provisions of this section and the duties of the law, the City's efforts to reasonably
accommodate the employee shall take precedence over and preempt any other
conflicting provisions or limitations in these personnel rules, provided that the City will
not terminate or permanently reassign any regular employee to accommodate another
employee. If the City determines that an employee is not able to perform the essential
functions of the job, with or without reasonable accommodation, the City may remove
the employee from his/her position and apply for disability retirement for the employee,
if the employee is eligible. The City shall endeavor to retain the employee in an
employed status until CalPERS has made its determination regarding the disability
retirement application. However, the employee may be in an unpaid status during this
period if applicable paid leaves have been exhausted. If the employee fails to
cooperate in the disability retirement process, the City may separate the employee from
employment.
21. OUTSIDE EMPLOYMENT
21.1. General Prohibition
21.1.1. City employees may not engage in any outside employment, enterprise or
activity that the City determines is in conflict with their duties and responsibilities, or any
aspect of City operations.
22. VOLUNTEERS
22.1. General Provisions
22.1.1. The City may utilize volunteers for the delivery of City services. The use
of volunteers shall be subject to approval by the City Manager or designee.
22.1.2. Volunteers shall not be eligible for salaries, benefits or other
compensation unless specifically provided for by the City. Subject to approval by the
Department Head or City Manager, necessary equipment or uniforms and
reimbursement for approved actual expenses and mileage may be provided.
22.2. Employee Volunteers
22.2.1. Subject to approval by the City Manager or designee, employees may
volunteer to provide services to the City outside of their normal duties, provided they are
not performing the same or similar duties for which they are normally compensated and
the responsibilities are occasional and sporadic. Employees engaging in such
volunteer assignments shall not be entitled to compensation.
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23. DRUG AND ALCOHOL-FREE WORKPLACE
1(.) 11f>
23.1. The City's workplace shall be drug and alcohol-free.
23.2. No employee shall unlawfully manufacture, distribute, dispense, possess,
use or be under the influence of any alcoholic beverage, drug or controlled substance
as defined in the Controlled Substances Act and Code of Federal Regulations during
work hours or in any City designated workplace.
23.3. Upon reasonable suspicion of an employee being under the influence while
on duty, the City may require the employee to submit to drug and alcohol testing, at the
City's expense. Employees who decline to submit to such testing may be subject to
discipline, up to and including termination of employment pursuant to the City's Drug
Free Workplace Administrative Policy (AP-05-1997).
24. NEPOTISM
24.1. No employee, prospective employee, or applicant shall be improperly
denied employment or benefits of employment on the basis of a relationship as defined
below with another employee or official of the City.
24.2. Notwithstanding the above, the City retains the right to take appropriate
steps to avoid inappropriate working relationships among relatives, including married
persons. For administrative purposes, a relative shall be defined as a spouse, domestic
partner, child, step-child, parent, grandparent, grandchild, brother, sister, half-brother,
half-sister, aunt, uncle, cousin, niece, nephew, parent-in-law, brother-in-law, sister-in-
law or any other individual related by blood or marriage. The City retains its rights to:
(a) Refuse to place one party to a relationship under the direct or indirect
supervision of the other party of a relationship.
(b) Refuse to place both parties to a relationship in the same department,
division, or facility when such action has the potential for creating adverse
impact on supervision, safety, security, or morale, or involves potential
conflicts of interest.
(c) Disqualify one party to a relationship for a position privy to confidential
personnel matters who has a relative already in the City's employment when
the relationship may compromise confidential information.
(d) Effect a transfer in the event the City learns of circumstances described
above.
25. GIFTS AND GRATUITIES
25.1. No employee of the City shall solicit or accept, for self or family, favors,
benefits, gifts or gratuities under circumstances which might be construed by
reasonable persons as influencing the performance of the employee's governmental
duties.
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26. USE OF INFORMATION AND ELECTRONIC SYSTEMS
Jf~ dlt~
26.1. General
26.1.1. The following reaffirms the City of Dublin's policy on access to and use of
its electronic systems pursuant to the City's Electronic Information Policy (AP 12-2002)
or as amended. Electronic systems are all hardware, software, and other electronic
communication or data processing devices owned, leased, or contracted for by the City
of Dublin and available for official use, by the City of Dublin's employees. This use
includes, but is not limited to, computer networks, cellular telephones, personal digital
assistants (PDA), digital cameras, electronic mail, voice mail, calendaring, and systems
such as the Internet.
26.2. Public Disclosure
26.2.1. Employees who use electronic systems and/or tools provided by the City
of Dublin cannot be guaranteed privacy. Under the Public Records Act, email
messages and information stored in computers and other electronic systems of the City
are public records subject to disclosure to the public or may be subpoenaed. In addition,
the City reserves the right to review, audit, and disclose all matters sent over and/or
stored in the City's system at any time without advance notice. The City Manager, or
his/her designee, retain the right to enter and/or retrieve an employee's electronic
communication system, data files, logs and programs used on City owned electronic
systems. Security features provided by the electronic communication system, such as,
passwords, access codes, or delete functions, shall not prevent authorized City
personnel from accessing stored electronic communications. Deletion of email
messages or files may not fully eliminate the message from the system. Employees
have no right of privacy in communications engaged in on City-owned computers or
equipment.
26.3. Serial Meetings
26.3.1. In accordance with the Brown Act (Govt. Code Section 54950 et seq.),
City employees must take care to ensure that electronic systems are not used to
transmit, either all-at-once or serially, City legislative officials' positions on matters of
City business to a majority of any City body of elected officials.
26.4. Public Records
26.4.1. All permanent City records, including those stored on paper and
electronic media, may be governed by the mandatory public disclosure requirements of
the Public Records Act (Government Code section 6250 et seq.), and the limited
exceptions thereto. If a draft record is retained, it may become a public record subject
to disclosure unless it is subject to an exception under the Public Records Act.
26.4.2. All permanent records, whether stored on paper or electronic media,
shall not be destroyed unless prior written authorization is obtained pursuant to
Government Code Section 34090 and City Resolution No., 41-05 or as may be
amended, which provides the process for the destruction of most public records by the
City.
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26.4.3. Public Records requests are coordinated through the City Manage~t.r ';f q.5
Office/City Clerk and shall be handled in accordance with Government Code section
6250 et seq. Requests for Police reports pursuant to Government Code 6254(f) are
handled directly by Police Services.
26.5; Intellectual Property Rights
26.5.1. No employee shall violate any copyright or license to software or other
online information (including, but not limited to, text images, icons, programs, etc.)
whether created by the City or any other person or entity.
27. DRESS CODE
27.1. Employees of the City are required to dress appropriately for the jobs they
are performing. Therefore, the dress regulations contained in this section shall be
followed.
(a) All clothing must be neat, clean and in good repair.
(b) Prescribed safety equipment must be worn or utilized where applicable.
(c) Footwear must be appropriate for the work environment and functions being
performed.
(d) Hair must be neat, clean and well groomed.
(e) Beards, mustaches and sideburns must be maintained in a neat and well-
groomed fashion.
(f) Jewelry is acceptable except in areas where it constitutes a health or safety
hazard.
(g) Good personal hygiene is required.
(h) Dress must be appropriate to the work setting, particularly if the employee
deals with the public.
(i) Employees may be required to wear uniforms specified by the City. City
uniforms shall be worn in a professional manner.
U) Employees shall be mindful of other employees' sensitivity to perfume and
other fragrances, and employees shall refrain from wearing fragrances that
are offensive or harmful to others.
The City reserves the right to direct any employee who is dressed inappropriately for
work to go home and make appropriate changes to their work attire before returning to
work.
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28. USE OF CITY EQUIPMENT
4;(~ J.f5
28.1. No City-owned equipment, autos, trucks, instruments, tools, supplies,
machines, or any other item that is the property of the City shall be used by an
employee other than for City business, unless the City Manager or designee approves
in advance. No employee shall allow any unauthorized person to rent, borrow, or use
any City property, except upon prior written approval of the City Manager or designee.
29. TRAVEL AND TRAINING POLICY
29.1. The City is committed to ensuring that its employees receive adequate
training to perform their jobs. Training and travel are subject to department approval.
Training opportunities that occur outside normal work hours require approval by the
Department Head. Overnight travel also requires approval by the Department Head.
29.2. The City generally requires that training, and attendant travel, be scheduled
in a way that will minimize the City's overtime liability. From time to time, the City issues
policies that govern these areas. Employees must observe these policies.
29.3. City business travel shall be carried out in an efficient, cost-effective
manner resulting in the best value to the City. Telecommunications instead of travel
should be considered when possible. The City will payor reimburse all business travel
related expenses based on reasonableness and on the actual amount of expense
incurred by the employee pursuant to the City's Travel and Other Business and
Reimbursement of Expenses Policy (AP 18-2006) as may be amended. Employees
having questions about the City's travel and training policies should contact their
supervisor or the Administrative Services Department.
30. MISCELLANEOUS
30.1. City May Amend Or Revise Policies
30.1.1. From time to time the City may adopt new or amended policies, after
appropriate consultation with the City employees.
30.2. No Contract
30.2.1. These policies do not create a "contract" of employment between the City
and any employee. Public employment is statutory, not contractual.
30.3. Severability
30.3.1. If any part of these rules is determined to be unconstitutional or illegal,
such part shall be severed from these rules and the remaining rules shall be given full
force and effect.
30.4. Word Usage
30.4.1. The term "City" as used in these rules refers to the City of Dublin.
Responsibilities and rights of the City under these rules are exercised by the City
Manager, and may be delegated by the City Manager in his/her discretion.
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