HomeMy WebLinkAboutItem 4.2 - 3449 Revisions to the Personnel Rules (2)
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Revisions to the Personnel Rules
Prepared by: Angelica Smith, Human Resources Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an update to the City’s Personnel Rules.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the City of Dublin Personnel Rules.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Dublin Municipal Code Section 2.20.050 requires the City to adopt Personnel Rules to
establish regulations governing the personnel system. Originally written in March of
1984 and modernized in 2008, the City’s Personnel Rules have been amended over the
years in accordance with adjustments to laws, certain benefit provisions, and
organizational changes.
The updated Personnel Rules attached to this report have been revised for legal
content and other clarifications consistent with modern public sector personnel
practices. The document has been updated by the City’s Human Resources Director in
conjunction with the City’s legal counsel Meyers Nave and its Labor and Employment
Group. Over the past few months, the City Manager and Department Heads have
reviewed the document for practical application.
Under the City’s current employer-employee relationship, the City does not have a legal
duty to bargain about changes to the Personnel Rules. However, under the Meyers -
Milias-Brown Act, (California Government Code Section 3500; Title 1: General: Divi sion
4. Public Officers and Employees) the City is obligated to “consult in good faith” with
employees regarding rule changes that relate to conditions of employment. City Staff
was given notice of the proposed changes and given a 25 -day opportunity to comment
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on them. As necessary, Human Resources responded to comments and questions from
employees; no technical or substantial modifications were made to the document from
the City Staff review period.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Adopting the City of Dublin Personnel Rules
2. Exhibit A to the Resolution - City of Dublin Personnel Rules
Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 1 of 2
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE CITY OF DUBLIN PERSONNEL RULES
WHEREAS, on March 26, 1984 the City Council adopted Resolution 29-84 establishing the
City’s Personnel Rules; and
WHERAS, the objectives of the Personnel Rules 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, the Personnel Rules set forth in detail those procedures which ensure similar
treatment for those who compete for original employment and promotion, and define many of the
obligations, rights, privileges, and prohibitions which are placed upon all employees in the
competitive service of the City; and
WHEREAS, the City periodically amended the Personnel Rules to be current with personnel
law, benefit provisions, or conditions of employment; and
WHEREAS, on July 17, 2008, the City Council adopted Resolution 84-08 which
comprehensively revised the Personnel Rules, and the Personnel Rules have been periodically
amended for minor changes since then; and
WHEREAS, and the City wishes now to comprehensively update the Personnel Rules to
conform to current laws and best practices; and
WHEREAS, 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 Personnel Rules, attached hereto as Exhibit A, which shall supersede
the previous Personnel Rules adopted by Resolution 84-08 and any subsequent amendments.
BE IT FURTHER RESOLVED that the City of Dublin Personnel Rules, attached hereto as
Exhibit A, shall be effective November 3, 2020.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 2 of 2
____________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
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CITY OF DUBLIN PERSONNEL RULES
Contents
PERSONNEL RULES CITY OF DUBLIN .................................................................................. i
1.INTRODUCTION ........................................................................................................ 1
2.EMPLOYER / EMPLOYEE RELATIONS .................................................................. 1
3.DEFINITION OF TERMS .......................................................................................... 1
4.CLASSIFICATION PLAN ............................................................................................. 4
5.RECRUITMENT AND SELECTION .......................................................................... 4
6.PERFORMANCE EVALUATION PROGRAM ............................................................. 9
7.FITNESS FOR DUTY EVALUATIONS ...................................................................... 10
8.PERSONNEL FILES ................................................................................................. 10
9.WAGE AND HOUR BENEFITS ................................................................................. 10
10.WORKWEEK, CALL-BACK PAY, MEAL PERIODS, AND LACTATION BREAK 13
11.LEAVES..................................................................................................................... 14
12.TRANSFERS/ACTING PAY .................................................................................... 23
13.LAYOFF AND RECALL ........................................................................................... 23
14.EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE .................................... 24
15.GRIEVANCE PROCEDURE ................................................................................... 24
16.DISCIPLINE/GENERAL RULES OF CONDUCT .................................................. 25
17.RESIGNATIONS ....................................................................................................... 29
18.NON-DISCRIMINATION AND HARASSMENT ...................................................... 30
19.ACCOMMODATIONS FOR EMPLOYEE DISABILITIES ...................................... 30
20.OUTSIDE EMPLOYMENT ...................................................................................... 31
21.VOLUNTEERS ......................................................................................................... 31
22.DRUG AND ALCOHOL-FREE WORKPLACE ....................................................... 31
23.NEPOTISM ................................................................................................................ 31
24.GIFTS AND G RATUITIES ....................................................................................... 32
25.USE OF INFORMATION AND ELECTRONIC SYSTEMS .................................... 32
26.DRESS CODE ......................................................................................................... 33
27.USE OF CITY EQUIPMENT ................................................................................... 33
28.TRAVEL AND TRAINING POLICY ............................................................................ 33
29.MISCELLANEOUS .................................................................................................... 34
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1. INTRODUCTION
1.1. These Personnel Rules (hereafter "Rules") generally describe the employment
relationship between the City of Dublin (City) 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. City Policies are in conjunction with the Rules. Each
employee will receive a copy of these Rules and related City Policies and is
responsible for reading and adhering to the Rules and Policies.
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, or designee is vested with the responsibility to interpret
these Rules in the event any provision of these Rules is deemed to be
ambiguous.
2. EMPLOYER / 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, 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 non-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 City's Human Resources
directly.
3. DEFINITION OF TERMS
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. "Advancement": A salary increase within the limits of a pay range established
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for a class.
3.2. “Allocation": The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
3.3. “Appointing Authority": The appointing authority of employees in the
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.
3.4. “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.
3.5. "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, or designee.
3.6. "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.
3.7. "Competitive Service": All positions of employment in the service of the City
except those excluded as specifically set forth in the Dublin Municipal Code
Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any
amendments thereto) or its successor.
3.8. "Demotion": The movement of an employee from one class to another class
having a lower maximum base rate of pay.
3.9. "Domestic Partner''. "Domestic Partner" as defined by the State of California
in an appropriate Code Section.
3.10. "Eligible": A person whose name is on an employment list.
3.11. "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.
3.12. "Examination":
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(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.
3.13. "Full-Time Position": A position in the competitive service requires at least forty
(40) hours per week. A full-time position may be either temporary or regular.
3.14. "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.
3.15. "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.
3.16. "Personnel Ordinance": Ordinance which creates a personnel system and
rules for the City as codified in the Dublin Municipal Code Title 2.
3.17. "Position": A group of duties and responsibilities in the competitive service
requiring the full-time or part-time employment of one person.
3.18. "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.
3.19. "Promotion": The movement of an employee from one class to another class
having a higher maximum base rate of pay.
3.20. "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.
3.21. "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.
3.22. "Regular Employee": An employee in the competitive service who has
successfully completed the probationary period and has been retained as
provided in these Rules.
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3.23. "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.
3.24. "Temporary Employee": An employee who is appointed to a temporary or a
permanent position for a limited period of time.
3.25. "Temporary Position": A full-time or part-time position of limited duration.
3.26. "Transfer": A change of an employee from one position to another position in
the same class or in a comparable class.
3.27. "Work Period": A normal work period shall begin at 12:01 a.m., Saturday and
shall end at 12:00 p.m. 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 City Human Resources.
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 or designee 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 Human Resources to further evaluate the position.
4.5. The City may utilize temporary or emergency employees in such
circumstances as the City deems appropriate. These employees may be
assigned to regular or temporary full- or part-time positions during such
periods.
5. RECRUITMENT AND SELECTION
5.1. Recruitment
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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. 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.
5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest
of the City, a vacancy in a position may be filled by an open-competitive
examination instead of promotional examination. In that 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, including fingerprinting, by the City. The City has the right to
conduct a complete and exhaustive background investigation on all
applicants seeking employment with the City of Dublin to the extent
permitted by law.
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, and permit the applicant to appeal pursuant to the
procedure specified in these rules. The appeal submission will be
maintained with the application file, if requested by the appellant. The
appeal procedure is not available to applicants except in cases of
permanent disqualification.
5.3.2. Criminal Conduct - Once a conditional job offer has been made,
employers are permitted to conduct a criminal history check. However,
the City cannot rescind the job offer based on an applicant’s criminal
history without going through the following process:
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1) Making an individualized assessment that justifies denying the
applicant the position. In making such determination, the appointing
authority may 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.
2) Notifying the applicant in writing of a preliminary decision to take back
the offer;
3) Giving the applicant a chance to provide additional information; and
4) Notifying the applicant in writing of a final decision to take back the offer
and informing the applicant of the right to complain to Department of Fair
Employment and Housing (DFEH).
5.3.3. An applicant who is disqualified for employment under this section may
appeal the determination of disqualification. Such appeal must be in
writing and filed with the City Manager or designee within ten (10) days
of the date of the notice of disqualification. The City Manager or
designee will hear and determine the appeal within ninety (90) calendar
days after it is filed. The determination of the City Manager or designee
on the appeal is final.
5.4. Testing I Assessment Process
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 will 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
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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 (1) 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 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 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. This 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 accrues 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 is counted as
time toward the fulfillment of the required probationary period.
5.5.6. No special credit will be allowed in meeting any qualifications or in the
giving of any test or the establishment of any open
competitive/promotional lists, for service rendered under a provisional
appointment.
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 or designee a statement in
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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 their 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 or designee 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 that event,
the City will indicate the probationary period in the job announcement or
other application-related materials. Further, with respect to existing
classifications, the City must 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 (1) 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 employee's
performance and/or conduct do not meet the standards of the position
to which the employee was promoted. Such recommendation is subject
to approval by the City Manager or designee. Employees on promotional
probation have no rights to tenure in the promotional position and may
be returned to their 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 (12)-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 as defined in
these Rules, and can be terminated at any time, with or without cause
and without right of appeal or hearing.
5.7. At Will
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Certain positions in the City are designated "at-will." At-will positions are not subject
to the job protections described in these personnel rules, including processes and
rules for recruitment, discipline, termination, probationary periods, testing, and
appointment from eligible lists. At-will employees are subject to these rules only to
the extent that the rules set forth certain benefits and terms and conditions of
employment to which all employees are entitled pursuant to applicable law. Other
rules applicable to at-will employees are set forth in applicable Council Resolutions.
The employment of at-will personnel may be terminated at any time, for any legal
reason, and without any requirement of demonstrating "good cause," and without
right of appeal or hearing. Nothing in these Rules affect or change the at-will nature
of employment for the City.
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. The purpose of performance evaluations is to communicate to employees
regarding their work performance, and to provide employees an opportunity to
discuss their concerns regarding the same.
6.3. 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 will be
completed. Employee may also be requested to complete a written self-
evaluation of their performance, for discussion with the employee's supervisor.
In addition, a performance evaluation may be prepared at any time, at the
discretion of the employee's supervisor.
6.4. Each performance evaluation will be discussed with the employee to identify
areas of successful performance and those which require improvement. The
employee may comment regarding their work performance, either in an
attached written statement or orally to the supervisor. Written statements
submitted by the employee will be included into the final evaluation document
and filed.
The employee must sign the evaluation, which will signify that they are aware
of the contents. The employee's signature does not imply agreement with the
contents of the evaluation. If the employee refuses to sign the evaluation, a
witness will sign as acknowledgment the employee’s refusal to sign the
evaluation. All employee evaluations will be signed by the employee's direct
supervisor, the employee's Department Head, and the City Manager, or
designee.
6.5. Performance evaluations are kept in employee personnel files. Employees
may submit comments or rebuttals to their performance evaluations within
10
thirty (30) calendar days of issuance, and these documents will also be
maintained in the personnel files with the performance evaluations.
7. FITNESS FOR DUTY EVALUATIONS
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 maintains an official personnel file for each of its employees.
Personnel files contain personnel records deemed necessary for the
administration of human resources in the City.
8.2. Personnel files are available for inspection by employees within a reasonable
time after an employee's request and without loss of pay, provided that
employees 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. No information contained within an employee’s personnel file will be
released to a third party unless a waiver has been signed by the employee,
except as required by law. Only those documents which have been specifically
released by the employee as shown in the waiver will be shown to the third
party.
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 City Human Resources.
9.1.2. The City is committed to observing all of its obligations under the Fair
Labor Standards Act ("FLSA"). 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 will designate a workweek for employees
in accordance with the law. The usual working hours for City employees
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shall be 8:00 a.m. to 5:00 p.m. (including a one-hour unpaid lunch break)
and a normal workweek consists of forty (40) hours. Some departments
may require a different work schedule 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. All alternative or flexible schedules must be
reviewed prior to effective date to ensure compliance with FLSA.
9.1.4. Except when necessary to address an emergency or special
circumstance, 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 must 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 are any hours worked in excess of forty
(40) hours during a single workweek.
9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour
workweek, 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 (CTO)
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 pay or 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. Employees may not convert
comp time to overtime pay except at termination of employment or
change in eligibility for CTO accrual. CTO may be accrued up to a
maximum as established by these Rules.
9.1.7. For purposes of calculating overtime pay, holidays count as hours
worked within a workweek. Paid leaves do 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.
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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.
9.2.2. Merit Adjustments are separate from Market Rate Adjustments and shall
be based entirely on employee performance.
(a) Each fiscal year, the City Manager or designee will determine the
maximum Merit Adjustment percentage based on the Council-
authorized Salary Plan for all regular employees regularly
scheduled to work twenty (20) or more hours per week.
(b) The City Manager or designee will notify all regular employees
prior to the start of the fiscal year the amount available for Merit
Adjustments.
(c) Any recommendation for a Merit Adjustment shall include a
written performance evaluation.
(d) An employee's performance is reported on a form designated by
the City Manager or designee. Where applicable, this evaluation
also includes input and observations from the employee's
supervisor.
(e) Based upon the performance evaluation, the City Manager or
designee may authorize an additional 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.
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(f) 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
annually, provided the other criteria in this section have been met.
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 adopted Salary Plan.
(c) This adjustment may be granted to a regular employee scheduled
to work twenty (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 an
exceptional/superior level, which would warrant a Performance
Pay 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.
(e) Performance Pay Adjustments shall be a one-time lump sum
payment which shall not exceed 9% of the employee's annual
salary. For purposes of this section, the employee's annual salary
shall be twelve (12) times the employee's monthly salary prior to
the adjustment.
(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, CALL-BACK PAY, MEAL PERIODS, AND LACTATION
BREAK
10.1. Workweek
10.1.1. The City's basic workweek for full time employees is forty (40) hours
per week, in a seven (7) day period. The workweek commences at
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12:01 a.m. every Saturday and is a regularly recurring seven (7) day
period ending at 12:00 p.m. 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
When an employee, considered non-exempt for the purposes of the Fair Labor
Standards Act (FLSA), has completed a normal shift for the day, is on a regular day
off, or is on paid leave, and is called back to work, the employee will, upon reporting,
receive a minimum of two (2) hours work at the overtime rate (time and one-half), or
if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the
overtime rate. Subsequent hours worked under this section, will be paid according to
the overtime provision in Section 9 of these Rules. This provision does not apply to
instances in which the employee is called to report before the regular starting time
and is furnished work until the end of his/her normal shift. The first two (2) hours of
call back pay, per occurrence, cannot be taken as compensatory time off and will be
paid to the employee as a cash payment.
10.3. Meal Periods
Unless otherwise established for a department or particular employees, employees
shall receive a thirty (30) or sixty (60) minute meal period that shall not be
compensated. During the meal period, the non-exempt employee must be completely
relieved of duties. If the employee is authorized in advance and performs work during
the meal period, the employee shall be compensated. Meal periods may not be used
to shorten the workday.
10.4. Lactation Break
An employee who wishes to express breast milk for her infant child during her scheduled
work hours will receive a reasonable amount of additional unpaid time beyond any
compensated rest period. Those desiring to take a lactation break must notify a supervisor
prior to taking such a break. Breaks may be reasonably delayed if they would seriously
disrupt operations. Once a lactation break has been approved, it should not be
interrupted except for emergency or exigent circumstances.
For additional information concerning lactation accommodation, see the Lactation
Accommodation policy.
11. LEAVES
11.1 Leave Overview
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
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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 are subject to approval by the Department Head and
scheduled two (2) 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 these Rules 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
unless otherwise noted.
11.2. General Leave
11.2.1. A General Leave Plan has been established for all employees in the
competitive service regularly scheduled to work more than 1,040 hours
on an annual basis, in lieu of traditional vacation and sick accrual
programs. The City's General Leave Plan conforms with the Healthy
Family Act of 2014 (CA Paid Sick Leave). General leave may be used
for any leave purpose; however, the following sections govern its use.
11.2.2. Employees shall give at least two (2) weeks’ notice of a General Leave
request. Employees who terminate employment cash out their accrued
but unused General Leave at the employee's hourly rate at the time of
separation from City service.
(a) Scheduled Leave: Any leave which can be reasonably forecast or
anticipated (i.e. vacation leave), scheduled medical/dental
appointments, extended weekends, personal leave, etc.
(b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely
of an unanticipated nature (i.e. leave due to illness); Unscheduled
Leave exceeding five (5) days may require a certificate indicating
that the employee was unable to work and may also be required
to specify whether the employee can return to work with or without
restrictions.
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11.2.3. Employees accrue General Leave at the following rates:
(a) Full-Time employees in the competitive service accrue General
Leave for each bi-weekly period of service, based on the years of
service with the City. If an employee begins work on any date
other than the first working day of a bi-weekly pay period, the
amount of General Leave earned in that period is proportionate
to the number of days worked. The accrual of general leave
begins on the first day of work. The bi-weekly period coincides
with the payroll period established by the City.
Length of Service Leave Accrued Each
Bi-weekly Pay Period
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th
month)
6.77 Hours 22 days
Following the 5th year through the
10th year (61st – 120th month)
8.31 Hours 27 days
Following the 10th year through
the 15th year (121st month –
180th month)
8.92 Hours 29 days
Following the 15th year
(181st month)
9.54 Hours 31 days
(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 50% of the accrual rate in Subsection (a) above, and an
employee scheduled to work 30 hours per week will accrue 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.
11.2.4. No employee shall accrue more than 480 hours of General Leave.
When an employee's unused leave balance reaches this limit, the
employee shall no longer accrue General Leave until the balance falls
below the maximum accrual limit.
11.2.5. If, during the first twelve (12) months of employment, an employee
exhausts all leave accrued, the City Manager may advance an
employee up to forty (40) hours of general leave. An advance may only
be provided when it is in the best interest of the City and the following
conditions are met:
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(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.
11.2.6. Any employee separating from City service who has accrued General
Leave is entitled to pay of such general leave. When separation is
caused by death of an employee, payment will be made to the spouse
or the estate of the 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.
11.3. Sick Leave
11.3.1. Part-time temporary employees are eligible to accrued Sick Leave in
accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave).
11.3.2. Pursuant to the City's General Leave Plan, regular and probationary
full-time employees may earn Sick Leave only if the employee is
ineligible to accrue General Leave due to reaching the maximum
accrual limit. When a regular or probationary employee has reached
the maximum General Leave accrual, the employee accrues sick leave
at the rate provided for General Leave. Once a regular and
probationary employee’s General Leave accrual is below the maximum
accrual limit, the employee will no longer accrue Sick Leave and will
begin accruing General Leave.
11.3.3. Full-time regular and probationary employees may not accrue more
than 360 hours of sick leave. When an employee's unused sick leave
balance reaches this limit, the employee is no longer be eligible to earn
sick leave.
11.3.4. Use of accrued sick leave hours, pursuant to the City's General Leave
Plan, are not considered a right which may be used at an employee's
discretion but are allowed only in case of necessity. An employee is
eligible to use sick leave hours, as defined in by the General Leave
Plan, in the following instances:
(a) For an employee's illness or injury when the illness/injury
prevents the employee from working.
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(b) For an employee's dental, eye, or other physical or medical
examination or treatment by a licensed provider.
(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.
(d) For victims of domestic violence, sexual assault, or stalking to:
i. To obtain or attempt to obtain a temporary restraining order or
other court assistance to help ensure the health, safety, and
welfare of the employee or employee’s child.
ii. Obtain medical attention or psychological counseling; services
from a shelter; program or crisis center; or participate in safety
planning or other actions to increase safety. (Labor Code
2230(c); 233(b)(3)(A); 246.5(a)(2))
11.3.5. Employees who use sick leave hours, pursuant to the City's General
Leave Plan, will be required to file a request form with the City Manager
or designee stating the basis for the absence. The request must be on
a form developed and implemented by the City Manager or designee.
Once an employee has used half of the sick leave accrued, the City
may, within its discretion, request medial certification for any further
sick leave use. The medical provider 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.
11.3.6. If a finding of industrial disability is made in connection with California
Public Employees Retirement (CalPERS), employees may not be
permitted to exhaust paid sick leave balances prior to retirement unless
the City Manager, at sole discretion, approves.
11.3.7. Any employee separating from the City service who has unused Sick
Leave hours, pursuant to the City's General Leave Plan, will not be
compensated for any Sick Leave hours remaining at the time of
termination, unless specified through an individual employment
agreement.
11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA)
In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California
Family Rights Act" (CFRA), and Military Caregiving Leave, 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. Please reference the City’s FMLA
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and CRFA policy for the administering of the leaves.
11.5. Pregnancy Disability Leave
The City shall provide pregnancy disability leave to eligible employee in accordance
with applicable law. The City will follow the City’s FMLA and CFRA policy to
administer Pregnancy Disability Leave.
11.6. Work Related Injury or Illness Leave
Work Related Injury or Illness 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. The City may grant up to fifty (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 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. Only regular
employees or probationary are eligible for Work Related Injury or Illness 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 Human Resources.
11.7. 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’s Catastrophic Leave Administrative Policy.
11.8. Military Leave
Military Leave shall be granted in accordance with the provisions of state and federal
law. An employee requesting leave for this purpose must, whenever possible, provide
in advance to the City Manager or designee, with a copy of the military orders
specifying the dates, site and purpose of the activity or mission. Within the limits of
such orders, the City may determine when the leave is to be taken and may modify
the employee’s work schedule to accommodate the request for leave.
11.9. Jury Duty 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 provide proof of jury service to the City with their
timesheet. Employees pay any fees received for jury service to the City, except for
mileage reimbursement. Jury Duty Leave does not count towards hours worked for
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purposes of calculating overtime.
11.10. Administrative Leave
An employee, in the competitive service, who is designated as FLSA Exempt under
these Rules, will be granted on July 1st of each year forty (40) hours of Administrative
Leave in recognition for being required to work hours beyond their regular hours of
work to fulfill their employment responsibilities.
(a) On December 1st of each year, exempt employees may choose to be paid to a
maximum of twenty (20) hours of their unused Administrative Leave. Payment
for this administrative leave will be paid with the first pay period ending date
after December 1st of each year.
(b) The use of Administrative Leave requires the approval of the employee's
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 is permitted to use time off within a
reasonable period after making a request if use does not unduly disrupt the
operations of the City. Employees should make every effort to submit requests
to take Administrative Leave two (2) weeks prior to the requested leave.
(c) On June 30th of each year, or if an employee terminates employment prior
to June 3 0 th employees are required to forfeit any unused balances of
Administrative Leave.
11.11. Leave Without Pay
The City in its discretion may permit employees to be on leave without pay (LWOP)
not to exceed ninety (90) days. An extension of any leave of absence without pay
beyond ninety (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 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 may take personal leave without pay when required by law.
11.12. Bereavement Leave
The City grants bereavement leave to include leaves of absence with pay up to five
(5) workdays 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.
11.13. Holidays
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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) Independence Day
(f) Labor Day
(g) Veteran's Day
(h) Thanksgiving Day
(i) Day After Thanksgiving
(j) Day Before Christmas
(k) Christmas
(l) Day Before New Year's Day
(m) Floating Holidays (two (2) eight-hour holidays per calendar year)
11.13.1 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 (2)
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 designates 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 Benefit
Plan.
11.13.2. If a non-exempt employee is required to work on a holiday, the
employee shall be compensated straight time rate for the first eight
(8) hours of work and in addition, shall receive pay at time and one-
half of their hourly rate in lieu of time off for said holiday.
11.13.3. The floating holidays are subject to supervisory approval and may not
be carried over to another calendar year and are lost unless used
prior to the end of the calendar year.
11.14. Compensatory Time Off (CTO)
Non-exempt employees may choose to be compensated for overtime work through
compensatory time off (CTO) at the rate of one and one-half hours comp time per
overtime hour worked instead of receiving cash payment. CTO may be accrued up
to a maximum of 100 hours for regular and probationary non-exempt employees. If
an employee reaches the maximum limit, they shall be compensated for all overtime
worked. If an employee has accrued any unused CTO at termination, the employee
shall be paid for such unused CTO at their regular rate of compensation at
termination.
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11.15. 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.
If an employee who is the parent or guardian of a child facing suspension from school
is summoned to the school to attend a portion of the school day in their child’s
classroom, the employee should alert their supervisor or manager as soon as
possible before leaving work. In accordance with California Labor Code § 230.7, no
adverse action will be taken against an employee who takes time off for this purpose.
11.16. Voting 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 notice to their immediate supervisors of their
need to take such time off as soon as practical.
11.17. Civic Service Leave
Civic Service Leave is available every Fiscal Year to employees for qualified volunteer
service during the workweek pursuant to the Benefit Plan. On June 30th of each year, or
if an employee terminates employment prior to June 30th, employee shall forfeit any
unused balance of Civic Service Leave. Prior request of the need for this leave must be
given to the immediate supervisor. Said request form shall be on a form developed and
implemented by the City Manager or designee.
11.18. Time Off for Immediate Family of Victims of Crime
Employees who are the immediate family members (spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered
domestic partner of a victim of a violent or serious felony may take time off from work in
order to attend judicial proceedings related to that crime. The crime must be an offense
enumerated in Labor Code Section 230.5(a)(2).
11.19. Leave to Perform Emergency Duties or to Attend Related Training
An employee may take leave to perform duty as a volunteer firefighter, a reserve peace
officer, or emergency rescue personnel. However, the City does not have to provide this
leave if the employee’s absence would hinder the City’s availability to provide public
safety or emergency medical services.
11.20. Unauthorized Leave or Job Abandonment
An unauthorized absence from the work site or failure to report to duty after a leave
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request has been disapproved, revoked, or cancelled by the appointing authority, or at
the expiration of a leave, shall be without pay. Such absences may be grounds for
disciplinary action, including termination.
12. TRANSFERS/ACTING PAY
12.1. 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 Human Resources. 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.
12.2. The City may initiate a transfer of a disabled employee who qualifies under
applicable disability laws but cannot perform the essential functions of their job
without reasonable accommodation. Such transfers will have priority over any
eligibles on an existing eligible list.
12.3. Acting Pay
Employees assigned to perform duties of an assignment, in writing by the City
Manager or designee, who pursuant to such assignment, assumes and
performs all of the ordinary day-to-day duties of a position of a higher
classification for at least thirty-one (31) consecutive work days shall be paid an
additional 5% of the regular pay of their 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 an employee’s
classification prior to the acting pay authorization.
13. LAYOFF AND RECALL
13.1. 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 that position
may be laid off or demoted without disciplinary action and without the right of
appeal. Whenever possible, employees will be given at least thirty (30) days’
notice of any layoff.
13.2. When a layoff involves a position or classification held by more than one
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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.
13.3. Persons laid off or demoted in accordance with this Rule will have their names
kept on a re-employment list for two (2) 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.
13.4. This Rule does not apply to at-will, part-time or probationary employees.
14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE
The City is committed to providing a safe and secure workplace and will not tolerate acts
or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any
location where City business is conducted, including vehicles and parking lots.
Safety is everyone's responsibility. All employees must use safe work practices and
report any unsafe conditions that may occur. Please become familiar with the City’s
Workplace Violence Prevention policy.
15. GRIEVANCE PROCEDURE
15.1. The grievance procedure is intended to provide an avenue only for redress of
complaints that the City has in some manner violated these any of the
Personnel Rules.
15.2. The grievance appeal must be initiated by the employee (appellant) within
fifteen (15) calendar days of the facts giving rise to the appeal and must be
submitted to Human Resources. Failure to initiate an appeal within this
timeframe will result in denial of the appeal as untimely and void. Human
Resources may submit the appeal for response as the first step to a directly
involved supervisor or another department representative.
15.3. Appeals must be in writing, signed by the affected appellant(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. An email may serve as a written
appeal.
15.4. Human Resources will review the appeal and shall serve notice of a written
response within fifteen (15) calendar days of receipt of the appeal.
15.5. 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 Human Resources’ decision.
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15.6. The City Manager, or the City Manager's designee, will review the appeal and
shall serve notice of a written response within 15 calendar days of receipt of
the appellant's appeal. The City Manager's decision shall be final.
15.7. No other grievance or appeal procedure may be used for matters within the
scope of this appeal procedure.
15.8. 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.
16. DISCIPLINE/GENERAL RULES OF CONDUCT
16.1. General Rules of Conduct
It is expected that all employees shall render the best possible service to, and reflect
credit on, the City. Therefore, the highest standards of professional conduct are
essential and expected of all employees.
16.2. Disciplinary Actions
The City of Dublin 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
16.3. Grounds for Discipline
16.3.1. 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.
16.3.2. 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 assigned duties, causes other employees
inability 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 their
position for an extended period of time. The type of disciplinary action
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depends on the seriousness of the offense and the relevant
employment history of the employee. Causes for disciplinary action
against an employee may include, but are not 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) Inattention to duty.
(g) Tardiness, overstaying lunch periods, or leaving early.
(h) 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 and Alcohol-Free Workplace
policy.
(i) Disobedience to proper authority, refusal or failure to perform
assigned work, to comply with a lawful order, or to accept a
reasonable and proper assignment from an authorized supervisor.
(j) Unauthorized soliciting on City property.
(k) 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.
(l) 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 their job or
brings discredit to the City.
(m) Discourteous and/or offensive treatment of the public or other
employees.
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(n) Falsifying any City document or record.
(o) 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.
(p) Theft or sabotage of City property.
(q) Sleeping on the job, except as specifically authorized.
(r) Accepting bribes or kickbacks.
(s) Intimidation or interference with the rights of any employee.
(t) 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.
(u) 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.
(v) Abusive or intemperate language toward or in the presence of
others in the workplace.
(w) Gambling on the job.
(x) Excessive absenteeism; inability to perform the duties of the
position.
(y) Conduct unbecoming a City employee.
(z) Any other conduct of equal gravity to the reasons enumerated
above as determined by the City.
The above reasons are indicative and not restrictive. Discharge, suspension, demotion,
reduction in pay or other discipline may be based on reasons other than those specifically
mentioned above.
16.4. Authority to Discipline
16.4.1. Any authorized supervisory employee may institute disciplinary action
for cause against employees under their control in accordance with the
procedures outlined in these R ules.
16.4.2. The City in its discretion may place employees on paid Administrative
Leave. Employees on such leave are subject to the City's instructions
during their normal working hours.
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16.5. Procedure for Disciplinary Action
In the absence of a process in a Memorandum of Understanding (MOU), employees
covered by this Rule are governed by the following provisions.
16.6. Written Notice/ Pre-Discipline Meeting/ Final Action
16.6.1. 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 intent to discipline (NOI), describing the intended
discipline, the basis for the discipline, and attaching any documents
upon which the discipline is based.
16.6.2. Minor Discipline
For other discipline that is less severe than a reduction in pay or
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 NOI, 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 is entitled to a
representative of 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
will 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.
16.6.3. Major Discipline
For discipline that is greater in severity than a reduction in pay or
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. If the employee wants to respond orally, the City will set a
pre-discipline meeting (Skelly meeting) approximately one (1) week
from the date of the NOI, unless a different time and date is set by
mutual agreement.
For discipline that is greater in severity than a suspension of five (5)
working days, the City Manager, or designee, will convene a pre-
discipline meeting (Skelly) to review the employee's response and
position before imposing discipline. The employee is entitled to a
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representative of choice, provided, however, that the inability of a
particular representative to attend the meeting is not the cause
requiring a continuance of the meeting. At the meeting, the employee
will have the opportunity to respond to the charges and to present any
new information for consideration by the City.
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 NOI, the City shall issue a
final notice of decision to discipline (NOD). The NOD will 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.
16.7. Appeal
16.7.1. For discipline that is greater in severity than a suspension of five (5)
working days, employees have the right to appeal the NOD. The
employee's request for an appeal must be received within seven (7)
calendar days from the date of the NOD, or the right to appeal is waived
and the discipline becomes final. The request for an appeal of a NOD,
does not inhibit the NOD from being implemented.
16.7.2. The appeal will be heard by an outside impartial independent hearing
officer to be selected by the City. The costs of the hearing officer will
be borne by the City. The hearing will be transcribed.
16.7.3. The hearing officer has 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 will make detailed findings of facts related
to the disciplinary charges in writing and serve a recommended
decision on the City and the employee. After consideration of the
hearing officer's recommended decision, the City Manager will issue a
final decision in writing. The City Manager's decision is reviewable by
administrative writ of mandamus.
17. RESIGNATIONS
17.1. General Provisions
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 resignation. Once a resignation becomes effective, it is
irrevocable except that the City Manager may permit a resignation to be rescinded.
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17.2. Job Abandonment
A constructive resignation occurs when an employee has been absent from duty for
three (3) consecutive workdays without prior authorization, or failed to notice the
department of the absence, and did not respond to the City’s inquires, if any, during
the absence. The City shall give the employee notice of such constructive resignation.
Except for at-will or probationary employees, regular employees who are separated
from the City's service by constructive resignation may utilize the City’s Grievance
Appeal procedure.
18. NON-DISCRIMINATION AND HARASSMENT
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,
citizenship status, physical or mental disability, medical condition, genetic
characteristics or information, marital status, sexual orientation (including
homosexuality, bisexuality, or heterosexuality), gender (including gender identity and
gender expression), pregnancy (including childbirth, breastfeeding, or related
medical conditions), military and veteran status, or membership in any other legally
protected category. 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. Employees are responsible for reading and
understanding the City’s Harassment, Discrimination, Retaliation, and Abusive
Conduct Prevention policy.
19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES
Employees with a disability may request a reasonable accommodation for that
disability. Such requests should be submitted to the employee's Department Head,
or Human Resources. If the employee has a disability as defined under the Fair
Employment and Housing Act, the City will engage in an interactive process with the
employee to determine an appropriate accommodation for the employee in
accordance with applicable law if undue hardship does not result to the City’s
operations. To achieve the provisions of this section and the duties of the law, the
City's efforts to reasonably accommodate the employee take precedence over and
preempt any other conflicting provisions or limitations in these 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 their position and apply for
disability retirement for the employee, if the employee is eligible. The City will
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.
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20. OUTSIDE EMPLOYMENT
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. An employee must submit a request for outside employment to
their Department Head. The Department Head shall provide a written decision to the
employee. The written decision will be provided to Human Resources.
21. VOLUNTEERS
21.1. General Provisions
21.1.1. The City may utilize volunteers for the delivery of City services. The
use of volunteers is subject to approval by the City Manager or
designee. Volunteers are subject to fingerprinting according to the
City’s Fingerprinting of Employees and Volunteers policy.
21.1.2. Volunteers are not 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.
21.2. Employee Volunteers
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 are not entitled to compensation. Volunteer time shall not be
considered for the calculation of overtime.
22. DRUG AND ALCOHOL-FREE WORKPLACE
The City's workplace is a drug and alcohol-free workplace. Employees may not be at
work under the influence of alcohol or drugs, may not use or possess alcohol or drugs
while on duty or while on paid standby time and may not sell, manufacture, distribute or
provide drugs to any person while on duty. The City has no intention of interfering with
the private lives of its employees unless involvement with alcohol and other drugs on or
off the job affects job performance or public safety. The City encourages employees to
voluntarily seek help with drug and alcohol problems and offers a confidential Employee
Assistance Program. Employees are responsible for reading and understanding the
City’s Drug and Alcohol-Free Workplace policy.
23. NEPOTISM
No employee, prospective employee, or applicant will be improperly denied
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employment or benefits of employment on the basis of a relationship as defined below
with another employee or official of the City.
Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate
working relationships among relatives, including married persons. For administrative
purposes, a relative is 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 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) Exclude one party to a relationship from contributing to, or recommending
promotions, assignments, performance evaluations, transfers or other personnel
decisions of the other party.
(d) 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.
(e) Effect a transfer in the event the City learns of circumstances described above.
24. GIFTS AND GRATUITIES
No employee of the City may 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.
25. USE OF INFORMATION AND ELECTRONIC SYSTEMS
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 City employees. This use includes, but is not limited to,
the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants,
smartphones, computers/laptops, telecommunications devices, video and audio
equipment, wireless networks, data systems telecommunications equipment, global
positioning equipment, location devices, transmission devices, data processing or
storage systems, computer systems, servers, networks, input/output and connecting
devices, software, agency hosted social media, and documentation that supports
electronic communications services. Employees are responsible for reading and
understanding the City’s Electronic System and Information, Social Media, and Remote
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Computer Access policies.
26. DRESS CODE
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. 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.
(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, beards, mustaches and sideburns must be maintained in a neat and well-
groomed fashion.
(e) Jewelry is acceptable except in areas where it constitutes a health or safety
hazard.
(f) Good personal hygiene is required.
(g) Dress must be appropriate to the work setting, particularly if the employee
deals with the public.
(h) Employees may be required to wear uniforms specified by the City. City
uniforms shall be worn in a professional manner.
(i) Employees should 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.
27. USE OF CITY EQUIPMENT
No City-owned equipment, autos, trucks, instruments, tools, supplies, machines, or
any other item that is the property of the City may be used by an employee other than
for City business, unless the City Manager or designee approves in advance. No
employee may allow any unauthorized person to rent, borrow, or use any City
property, except upon prior written approval of the City Manager or designee. For
further information, see the City’s Vehicle Use policy.
28. TRAVEL AND TRAINING POLICY
28.1. The City is committed to ensuring that its employees receive adequate training
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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.
28.2. 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.
28.3. 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 pay or 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 official
Travel and Other Business and Reimbursement of Expenses policy as may be
amended. Employees having questions about the City's travel and training
policies should contact their supervisor or the Administrative Services
Department.
29. MISCELLANEOUS
29.1. City May Amend or Revise Rules and Policies
From time to time the City may adopt new or amended Rules and policies, after
appropriate consultation with the City employees.
29.2. No Contract
These Rules do not create a "contract" of employment between the City and
any employee. Public employment is statutory, not contractual.
29.3. Severability
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 given full force
and effect.
29.4. Word Usage
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.