HomeMy Public PortalAbout10) 7H Amendment to Personnel Rules - 40 hr Comp CapCity Council
January 15, 2013
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One of the many changes proposed was the elimination of the option of accruing and
banking compensatory time off and instead receiving payment at an overtime rate for
overtime worked after the Personnel Rules take effect on January 1, 2013. Even
though employees were given the oppurnity to express concerns and suggestions on all
changes to the Personnel Rules, management did not formally receive any comments
from employees. After the adoption of the revised Personnel Rules by the City Council
on December 18, 2012, it came to staff's attention that indeed there were concerns by
certain employees of the elimination of the option of accruing and banking
compensatory time off. A proposal came forward to allow for accrual of compensatory
time off with a cap of 40 hours.
CONCLUSION:
Staff feels this is a reasonable compromise and is recommending the City Council
amend the newly revised Personnel Rules to allow for the accrual of compensatory time
off with a cap of 40 hours. As indicated when the revised Personnel Rules were
adopted in December 18, 2012, staff will be working with the employees who currently
have high compensatory time balances in developing a transition plan for reducing
those balances to 40 hours or less by the end of the 2013 calendar year.
FISCAL IMPACT:
This action does not have an immediate fiscal impact on the Fiscal Year (FY) 2012-13
City Budget. However, the fiscal impact of the transition of reducing compensatory leave
balances during the 2013 calendar year will be addressed in the FY 2012-13 Mid-Year
Budget review and the FY 2013-14 City Budget Process.
ATTACHMENTS:
A. Resolution No. 13-4885 Amending and Adopting Personnel Rules for Full Time
Employees
RESOLUTION No. 13-4885
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY, CALIFORNIA,
AMENDING RULES FOR FULL TIME
EMPLOYEES ALLOWING AND
IMPLEMENTING A CAP ON COMPENSATRY
TIME EARNED
ATTACHMENT A
WHEREAS, Section 2320 of Chapter 3 of the Municipal Code for the City of
Temple City requires the City Council to adopt personnel rules to establish specific
procedures and regulations for employees in the City's personnel system;
WHEREAS, Section 2320 of Chapter 3 of the Municipal Code for the City of
Temple City permits the City Council to amend said personnel rules from time to time by
resolution;
NOW, THEREFORE, the City Council of the City of Temple City does hereby
resolves as follows:
SECTION 1. Amendment of Personnel Rules. The attached Personnel Rules are
hereby amended to allow for and implement a cap on compensatory time earned.
SECTION 2. Effective Date. The attached amendment will become effective January
19, 2013.
SECTION 4. Authorized Signatures. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption and the City
Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 4. Clerk's Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED on this 15th day of January, 2013.
Mayor
ATTEST:
Peggy Kuo
IRV #4811-4821-9154 vi
City Clerk
I hereby certify that the foregoing resolution, Resolution No. 13-4885, was duly
passed, approved and adopted by the City Council of the City of Temple City at a
regular meeting held on the_ day of 2013 by the following vote:
AYES: Councilmember-
NOES: Councilmember-
ABSENT: Councilmember-
ABSTAIN: Councilmember-
IRV #4811-4821-9154 vi
Peggy Kuo
City Clerk
ARTICLE 1.
CITY OF TEMPLE CITY
PERSONNEL RULES
PURPOSE AND APPLICABILITY
These Personnel Rules are adopted pursuant to the Personnel Ordinance as set forth in Title 2_ Chapter
3 of the Municipal Code of the City of Temple City. The provisions of these Personnel Rules shall apply
to all employees in the Classified Service. These Personnel Rules are not applicable to elective and
appointive officers, members of boards or commissions. or to part-time or temporary officers or
employees.
ARTICLE 2. GENERAL PROVISIONS
Section 1. Violation of Rules. Violation of the provisions of these Personnel Rules will constitute
grounds for disciplinary action. A violation will not make disciplinary action mandatory but will be given
such weight as the City det~rmines to be appropriate in view of all the circumstances.
Section 2. Delegation of Authority. Except as otherwise provided, any duties, responsibilities.
powers. and authority granted by these Personnel Rules or the Personnel Ordinance to the Personnel
Officer. Appointing Authority, or Department Heads. may be delegated. in writing, to any subordinate
employee at the discretion of the delegating individual.
Section 3. Not an Employment Contract. None of these Personnel Rules shall be deemed to create
a vested contractual right for any employee.
Section 4. Employee Responsibility. It will be the responsibility of each employee to become aware
and be knowledgeable of these Personnel Rules.
Section 5. Distribution of Personnel Rules. A copy of these Personnel Rules will be distributed to
each City employee. Newly hired employees will receive a copy upon hire. An employee with questions
about these Personnel Rules may direct them to the Personnel Officer, Director of Administrative
Services, or a Department Head.
Section 6. Amendment and Revision of Rules. Amendments and revisions may be suggested to the
City Council by an interested party and shall be submitted to the City Council through the Personnel
Officer. At the time of City Council consideration, any interested party may appear and be heard.
Amendments and revisions shall become effective upon adoption by the City Council.
Section 7. Prior Policies Repealed. If the terms and provisions of these Personnel Rules are
inconsistent or in conflict with the terms and provisions of any prior City Personnel Rules, resolutions,
regulations. and/or policies governing the same subject. the terms of these Personnel Rules will prevail
and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are
hereby repealed.
Section 8. Relationship with Department Policies. The City Manager or individual City Department
Heads may develop and administer supplemental written department policies and procedures as deemed
necessary for the efficient. safe and orderly administration of the City or department. However, no such
policies or procedures will conflict with or supersede these Personnel Rules, other Council resolutions
and ordinances. or existing laws. and must be submitted for approval by the Personnel Officer before
their implementation. Copies of department policies and procedures must be distributed to each
employee of the department and to the Personnel Officer. In the event of a conflict between an
administrative or departmental policy or procedure. the provision of these Personnel Rules will control.
Section 9. Changes to the Law. When any local. state. or federal ordinance, regulation. or law that
is incorporated in the Personnel Rules or upon which the Personnel Rules rely is amended through
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legislative action or is deemed to have been amended by judicial decision. the Personnel Rules shall be
deemed amended in conformance with those amendments.
Section 10. Severability. If any article, section. subsection, sentence, clause. or phrase of the
Personnel Rules is found to be illegal by a court of competent jurisdiction, such findings shall not affect
the validity of the remaining portions of the Personnel Rules.
ARTICLE 3. DEFINITIONS
The following terms as used in these Personnel Rules shall. unless the context clearly indicates
otherwise. have the following meanings:
Section 1. ACTING APPOINTMENT. A temporary appointment of an employee who possesses at
least the minimum qualifications established for a particular class and who is appointed to a position in
that class.
Section 2.
class.
ADVANCEMENT. A salary increase within the limits of a pay range established for a
Section 3. ALLOCATION. The assignment of a single position to its proper class in light of with the
duties performed, and the authority and responsibilities exercised.
Section 4. ANNIVERSARY DATE. The date of an employee's most recent appointment
Section 5. APPOINTING AUTHORITY or APPOINTING POWER. The City Manager is the
Appointing Authority for all City employees, except for all positions for which appointing authority is
reserved by the City Council by ordinance.
Section 6.
City.
Section 7.
Section 8.
Section 9.
APPOINTMENT. The offer to. and acceptance by. an individual for employment with the
CITY. The City of Temple City.
CITY COUNCIL. The City Council of the City of Temple City.
CITY MANAGER. The City Manager of the City of Temple City. or his/her designee.
Section 10. CLASS. All positions sufficiently similar in duties. authority, responsibility. and working
conditions to permit grouping under a common title and the application with equity of common standards
of selection, transfer, promotion. and salary.
Section 11. CLASSIFIED EMPLOYEE. An employee whose office, position. or employment is in the
Classified Service.
Section 12. CLASSIFIED SERVICE or CITY SERVICE or MERIT SYSTEM. The offices. positions
and employments in the service of the City which are included or which may hereafter be included under
the Classified Service system by ordinance except the following:
A. Elective officers:
B. City Manager:
C. City Attorney:
D. Members of appointive boards. commissions. and committees:
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E. Persons engaged under contract to supply expert professional or technical services for a definite
period of time.
F. Part-time or temporary officers and employees.
G Director of Parks and Recreation.
H. Director of Community Development.
L City Clerk.
J. Economic Development Manager/Assistant to the City Manager.
K. Administrative Services Director.
L. Public Safety and Services Manager.
M. Executive Assistant to the City Manager.
N. Planning Manager.
The Classified Service may also be referred to as the "City Service" or as the '·Merit System." Any
revisions in the Temple City Municipal Code to the Classified Service shall be deemed incorporated into
these personnel rules.
Section 13. CONTINUOUS SERVICE. Employment with the City without break or interruption. No
leave of absence, whether with or without pay. shall be construed as a break or interruption in
employment if the employee returns to work within 120 days (unless otherwise required by law).
Section 14. DATE OF HIRE. The date that an employee was originally hired by the City. An
employee's date of hire does not change except through termination. resignation. or retirement.
Section 15. DAY or DAYS. Calendar day(s) unless otherwise stated.
Section 16. DEMOTION. The movement of an employee from one class to another class having a
lower maximum rate of pay.
Section 17.
department.
DEPARTMENT HEAD. The individual designated as the administrative head of a City
Section 18. DISCIPLINE: The punishment of an employee by written reprimand. demotion.
suspension, reduction of pay, termination, or other punitive measures.
Section 19. ELIGIBLE. A person whose name is on an employment list.
Section 20. EMPLOYMENT LIST.
A. Open-Competitive Employment List. A list of names of persons who have taken an open-
competitive examination for a class in the Classified Service and have qualified for a position in
that class.
B. Promotional Emolovment L1st A list of names of persons who have taken a promotional
examination for a class in the Classified Service and have qualified for a position in that class.
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Section 21. EXAMINATION.
A. Open-Competitive Examination. An examination for a particular class that is open to all persons
meeting the qualifications for the class.
B Promotional Examination. An examination for a particular class. admission to the examination
being limited to regular and probationary employees in the City's Classified Service who meet the
qualifications for the class.
Section 22. EXEMPT EMPLOYEES. Employees whose duties and responsibilities allow them to be
"exempr from overtime pay provisions as provided by the Fair Labor Standards Act {FLSA) and any
applicable state wage and hour laws.
Section 23. FULL-TIME POSITION. A budgeted position in which an employee of the City is
regularly scheduled to work at least 40 hours per workweek.
Section 24. LAYOFF. The separation of classified employees from the active work force due to lack
of work or funds or to abolishment of a position. by the City Council. or due to organizational changes.
Section 25. PART-TIME POSITION. A budgeted position requiring the incumbent to work a regular
schedule of less than 40 hours per work week. Part-time employees are excluded from the Classified
Service. serve at the will of the Appointing Authority, and may be terminated without cause and without
hearing or right of appeal. Part-time employees are not covered by these personnel rules.
Section 26. PERSONNEL OFFICER. The City Manager or his/her designee. Any designation of
Personnel Offker powers must be approved by the City CouncH. in accordance with Secnon 2302 of the
Temple City Municipal Code.
Section 27. PROBATIONARY PERIOD. A working test period during which an employee is required
to demonstrate his/her ability to perform the duties of his/her position and is subject to termination with or
without cause. The probationary period of all employees shall last for at least 12 months, and can be
extended as provided in these Rules.
Section 28. PROMOTION. The movement of an employee from one position to another position with
a higher maximum rate of pay.
Section 29. PROMOTIONAL PROBATIONARY PERIOD. A working test period during which a
promoted employee is required to demonstrate his/her ability to perform the duties of his/her position.
The probationary period of all employees shall last for at least 12 months, and can be extended as
provided in these Rules.
Section 30. PROVISIONAL APPOINTMENT. An appointment of a non-employee who possesses the
minimum qualifications established for a particular class and who has been appointed to a position in that
class on a temporary basis.
Section 31. REDUCTION IN PAY. A temporary or permanent lowering of an employee's rate of pay.
Section 32. REGULAR EMPLOYEE. An employee who has completed the probationary period and
is occupying a budgeted position established on a continuing basis.
Section 33. REINSTATEMENT. The reemployment, without examination. of a former regular
employee within six months following his/her resignation from the City.
Section 34. REPRIMAND. A written notification to an employee regarding a censure made as a
disciplinary action.
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Section 35. RESIGNATION_ The voluntary termination of employment by an employee.
Section 36. RETIRED ANNUITANT. A person who has retired from a public agency that is a
contracting agency of the California Public Employee Retirement System ("'CaiPERS") or another public
retirement system with statutory and/or regulatory constraints on working after retirement. Any retired
annuitant employed by the City must meet the applicable statutory and/or regulatory requirements for the
temporary employment of retired annuitants without triggering reinstatement to active City employment.
Section 37. SEASONAL EMPLOYEE. A type of temporary employee who works during a particular
season or time of year. Seasonal employees are excluded from the Classified Service. serve at the will of
the Appointing Authority, and may be terminated without cause and without hearing or right of appeaL
Seasonal employees are not covered by these personnel rules
Section 38. SUSPENSION. The temporary separation, without pay. from service of an employee for
disciplinary purposes.
Section 39. TEMPORARY EMPLOYEE. An employee employed in a position that is intended to be
occupied on less than a year-round basis. Ordinarily, such positions will not be authorized for over six
months. Temporary employees are excluded from the classified service. serve at the will of the
Appointing Authority. and may be terminated without cause and without hearing or right of appeal.
Temporary employees are not covered by these personnel rules.
Section 40.
service.
TERMINATION/TERMINATE. The permanent separation of an employee from the City
Secf1on 41. TRANSFER. Change of an employee from one position to another posHion in the same
class. or from one class to another class having the same maximum rate of pay and having similar duties
and basic qualifications.
Section 42. VACANCY. An unfilled budgeted position in the City of Temple City.
Section 43. Y-RATE. A designated salary higher than the established maximum for the position.
Employee is held at the designated salary until pay structure adjustment results in a maximum rate for the
position that is equal to or greater than the designated salary.
ARTICLE 4. NONDISCRIMINATION
Section 1. Equal Employment Opportunity. It is the City's policy to ensure equal employment
opportunity for all persons seeking employment or promotion to assure equal employment opportunity
based upon ability and fitness to all persons regardless of race, religious creed. color. national origin,
ancestry, sex. age, physical or mental disability, medical condition, sexual orientation. marital status,
gender identity. gender expression, genetic characteristics or information. and/or any other category
protected by federal and/or state law.
Employees who believe they have experienced any form of employment discrimination are encouraged to
report this immediately. using the complaint procedure provided in the City's policy prohibiting
harassment, discrimination, and retaliation.
Section 2. Disabled Applicants and Employees. The City has a commitment to ensure equal
opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide
an accessible work environment for such employees and applicants. Employment practices (e.g .. hiring,
training. testing. transfer, promotion. compensation. benefits. and discharge) wltl not discriminate
unlawfully against disabled applicants or employees. The City provides employment-related reasonable
accommodations to qualified individuals with disabilities within the meaning of the California Fair
Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA").
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A Request for Accommodation. An applicant or employee who desires a reasonable
accommodation in order to perform essential job functions should make such a request in writing
to the Administrative Services Department. The request must identify: a) the job-related functions
at issue: and b) the desired accommodation(s). Reasonable accommodation can include. but is
not limited to job restructuring, reassignment to a vacant position for which the employee is
qualified. and making facilities accessible.
B. Reasonable Documentation of Disability. Following receipt of the request. the Administrative
Services Department may require additional information. such as reasonable documentation of
the existence of a disability or additional explanation as to the effect of the disability on the
employee's ability to perform his/her essential functions. but will not require disclosure of
diagnosis or genetic history.
C. Interactive Process. The City will engage in the interactive process. as defined by the FEHA and
ADA, to determine whether an applicant or employee is able to perform the essential functions of
his/her position. During this process, the City will examine potential reasonable accommodations
that will make it possible for the employee or applicant to so perform. Such interactive process
will include a meeting with the employee or applicant. the City. and. if necessary, the employee or
applicant's health care provider.
D. Case-by-Case Determination. The City determines, in its sole discretion. whether reasonable
accommodations(s) can be made, and the type of reasonable accommodations(s) to provide.
The City will not provide an accommodation that would pose an undue hardship upon the City or
that is not required by law. The City will inform the employee of any decisions made under this
section in writing.
E. Fitness for Duty Leave_ While the City is engaged in the interactive process with an employee.
the City may require that the employee be placed on a fitness for duty leave in accordance with
Article 22. Section 14.
ARTICLE 5. CLASSIFICATION
Section 1. Preparation of Classification Plan. The City Manager shall ascertain and record the
duties and responsibilities of all positions in the Classified Service and, after consulting with Department
Heads, shall recommend a position classification plan for such positions. The position classification plan
shall consist of classes of positions in the Classified Service defined by class specifications, including the
title. The position classification plan shall be so developed and maintained that all positions substantially
similar with respect to duties, authority, responsibility, and working conditions are included within the
same class, and that the same schedules of compensation may be made to apply with equity under like
working conditions to all positions in the same class.
Section 2. Adoption. Amendment and Revision of Classification Plan. The classification plan shall
be adopted by and may be amended from time to time by resolution of the City Council. At the time of
consideration by the City Council. any interested party may appear and be heard.
Section 3. Allocation of Positions. Following the adoption of the position classification olan the City
Manager shall allocate every position in the Classified Service to one of the classes established by the
plan.
Section 4_ New Positions. Before filling a newly created position in the classified service. the
position classification plan shall be amended to provide therefor and an appropriate employment list shall
be established for such position.
Section 5. Reclassification. The classification plan may be amended from time to time. The
assigned duties of positions that have been materially changed by the City so as to necessitate
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reclassification, whether new or already created. will be allocated by the City Manager to a more
appropriate class. Reclassification will 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. Amendments and revisions of the plan may be suggested by any
interested party and will be submitted to the City Manager.
A. The City Manager may approve the reallocation of a position to a different class or approve the
creation of a new class whenever the duties of the position change materially. This may occur
upon the recommendation of the Department Head or upon the request of an employee and with
concurrence of the Department Head. When any change is made within a Department that
significantly affects the duties and responsibilities of any position. the Appointing Authority should
report these facts in writing to the Personnel Officer. The Personnel Officer will make a
classification study of the duties and responsibilities and the relationship to other classes of
positions. The Personnel Officer may study the allocation of any position in the Classification
Plan and make recommendations to the City Manager for a change in class or the allocation to a
more appropriate class. The Department Head will be consulted before a classification study is
begun in his/her department. Studies may be initiated in the fol!owing manner:
(1) Written request submitted by the Department Head, due to reorganization of a
department caused by lack of funds. lack of work. or where the department reorganization would
be for the betterment of the delivery of services.
(2) Referral from the City Manager.
(3) When possible authorization of a new position is indicated.
(4) Regular, periodic maintenance of the classification plan or when the City Manager
identifies a need to study an existing position.
(5) Written request submitted by an employee with the concurrence of the Department
Head. where a substantial change in material duties has modified the current position on an
ongoing basis.
(6) A change in classification of an occupied position will affect the status of the incumbent in
the following manner:
Section 6.
(a) When a position is moved to a class with the same or higher salary range. the
incumbent may retain the same status (i.e. probationary or regular) in the new class that
was held in the prior class. The duties should have evolved over a period of time and be
basically the same duties and responsibilities as were performed by the incumbent.
(b) When a position is reallocated to a class in a related series with a lower salary
range. incumbents may choose to retain the position by accepting voluntary demotion or
may request a transfer. if available, to another position in the class from which the
position was moved. An employee will retain his/her regular or probationary status. If
neither of the foregoing is chosen. the normal layoff procedures will be fo!lowed.
Job Descriptions.
A. The Personnel Officer with the assistance of the Department Heads will prepare written
specifications for each class of positions. The specifications, when approved by the City
Manager. will constitute the official class specifications for the Classified Service, and will indicate
the date of approval or last revision.
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B. Each specification will include the class title. a brief description of the scope. nature, and
responsibility of the class. a description of the tasks or duties ordinarily performed in the positions
allocated to the class: a statement of the minimum qualifications considered necessary for
proficient performance of the work. including education, experience, training, knowledge. skills,
physical characteristics. and any additional factors considered pertinent Specifications are not
restrictive. The specifications, shall not be construed as an all-inclusive list of tasks performed: or
be interpreted as restricting the assignment of related tasks not specifically listed therein: or as
limiting the authority of supervisory personnel to assign. direct and control the work of
subordinate employees. A Department Head may temporarily assign other related duties and
responsibilities or otherwise direct the work of employees.
C A Class Specification Manual containing descriptions of all job classifications currently in the City
Service shall be kept in the Administrative Services Department
ARTICLE 6. APPLICATIONS AND APPLICANTS
Section 1. Announcement. All examinations for classes in the classified service shall be publicized
by posting announcements in the City Hall. on official bulletin boards. on the City's official website, and by
such other methods as the Personnel Officer deems advisable. The announcements shall specify the title
and pay of the class for which the examination is announced: the nature of the work to be performed: the
preparation desirable for the performance of the work of the class; the manner of making applications:
and other information deemed pertinent by the Personnel Officer.
Section 2. Application Forms. Each person participating in a scheduled selection process for
employment must have completed and filed an official application form for that recruitment. The
Personnel Officer must receive the official application form no later than the date and time of the last filing
deadline as published in the announcement Each applicant must sign the application form certifying that
all statements are correct. Should an applicant be hired, and should it later be found that the applicant
made false or misleading statements on the application, disciplinary action up to and including termination
may be imposed. In addition. persons applying for positions must comply with the following conditions:
A. Meet the general conditions pertaining to filing applications for positions according to these
Personnel Rules:
B. Meet the specific requirements as shown on the announcement for a particular position:
C. Meet the requirements for the lawful right to work in the United States or United States citizenship
when applying for City positions: and
D. Be willing and able to accept the employment in the present vacant position or a future similar
vacant position, if employment were offered.
Names of persons applying for City positions or the evaluation of their participation in any selection
process will not be made public. Applications will be accepted when recruitment has begun for a position.
Section 3. Subm1tt1nq Aoollcat1ons Applications must be submitted as prescribed on the
examination announcement. Application forms will require information covering training, experience, and
other pertinent information, and may include certificates verifying such information. The person applying
must sign the application. Applications unsigned by the applicant are considered incomplete, and will not
be accepted. The Personnel Officer must receive completed applications no later than the date and time
published as the final filing date.
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Section 4. Incomplete Applications. Applications lacking information deemed material by the
Personnel Officer may be returned to the applicant with notice to amend provided adequate time exists
before the final filing date. Incomplete applications received at the end of the filing period will not be
given consideration for City employment.
Section 5. Disqualification. The Personnel Officer may eliminate from the selection process, remove
from the eligibility list or refuse to certify for the position, the name of any person:
A. Who does not meet the minimum qualifications established for the class or position to which they
seek appointment:
B Who has made a false statement. misrepresentation. or omission of material fact. or actual or
attempted deception, fraud or misconduct in connection with his/her application:
C. Who has failed to submit a complete application within the prescribed time limit:
D. Who has directly or indirectly obtained information regarding examinations to which applicants
are not entitled;
E. Who has been convicted, including pleas of guilty and nolo contendere, of any felony or
misdemeanor, which was of such a nature as to reflect adversely and substantially on the
applicant's ability to perform the duties of the position. The City Manager may disregard such
convictions of felonies or misdemeanors if it is found and determined by the City Manager that
mitigating circumstances exist. In making such determination, the City Manager may consider
the classification, including sensitivity. to which the person is applying or being certified and
whether the classification is unrelated to the conviction; the nature and seriousness of the
offense: the circumstances surrounding the offense; the length of time elapsed since the
conviction: the age of the person at the time of conviction; the presence or absence of
rehabilitation or efforts at rehabilitation: and/or contributing social or environmental conditions.
F. Who has otherwise violated provisions of these Personnel Rules.
In addition, applicants with the least desirable background or qualifications among a large number of
applicants may be denied further participation in the selection process through an evaluation of their
qualifications, thus providing a reasonable number of the best qualified candidates for consideration.
Applicants disqualified from further participation in the selection process will be promptly notified to permit
submission of additional information provided that the time limit for receiving applications has not expired.
Notice wlll be mailed to the last known address; it will be the applicant's responsibility to keep his/her
current address on file. Whenever an application is rejected. the Administrative Services Department will
mail notice of such rejection to the applicant.
Section 6. Aool!cat1on D1spos1t1on Completed application forms become the property of the City.
They will not be returned to the individual applicant. The City may destroy applications filed through the
selection process in accordance with the City·s document retention policy.
ARTICLE 7. EXAMINATIONS
Section 1, Nature and Types of Examination. The selection techniques used in the examination
process shall be impartial, be of a practical nature, and relate to those subjects which, in the opinion of
the Personnel Officer. fairly measure the relative capacities of the applicants to execute the duties and
responsibilities of the class to which they seek to be appointed. Examinations shall consist of one or
more selection techniques that will test fairly the qualifications of applicants such as, but not limited to,
personal interviews, achievement and aptitude tests, other written tests. performance tests. physical
agility tests. evaluation of daily work performance, work samples. post-offer medical tests. experience, or
Page 9
any combination of these or other tests. The Personnel Officer shall ensure that reasonable
accommodations are made in examinations for persons with disabilities under the ADA and/or FEHA.
when needed. All medical examinations (including drug tests) shall only be administered after the
conclusion of all other examinations. except the probationary period. and after a conditional offer of
employment has been made by the City
A. Promotional Examinations. Promotional examinations may be conducted whenever. in the
opinion of the Personnel Officer. the needs of the service require such an examination.
Promotional examinations may include any of the selection techniques mentioned in Section 1, or
any combination of them Only regular or probationary employees who meet the requirements
set forth in the promotional examination announcements may compete in promotional
examinations.
B. Open-Competitive Examinations. Open-competitive examinations may be conducted whenever.
in the opinion of the Personnel Officer, the needs of the service require such an examination.
Open-competitive examinations may include any of the selection techniques mentioned in
Section 1. or any combination of them.
Section 2. Conduct of Examination. The City Manager may contract with any competent agency or
individual for the preparing and/or administering of examinations. In the absence of such a contract, the
City Manager will see that such duties are performed. Selection material will be prepared under the
direction of the Personnel Officer. The Personnel Officer may use examinations prepared by the
contracted agencies or individuals when deemed appropriate. Qualified employees may assist in the
development and administration of the selection process if requested by the Personnel Officer.
Section 3. Scoring Examinations and Qualifying Scores. A candidate·s score in a given examination
shall be the average of his/her scores on each competitive part of the examination. weighted as shown in
the examination announcement Failure in one part of the examination shall be grounds for declaring
such an applicant as having failed in the entire examination or as being disqualified for subsequent parts
of an examination. As part of an examination, the Personnel Officer may, at his/her discretion. include
tests that are qualifying only.
Section 4. Notice of Examination Results. Applicants will be notified in writing concerning the
results of their participation in the selection process. but applicants will not be advised of any score
received. Said notification will indicate whether or not the applicant has been placed on the employment
list.
Section 5. Record. The record of each selection process will be maintained by the Administrative
Services Department for the period defined in the City's Record Retention Policy following the close of the
selection process and will include the applicant's name and scores, method of testing. scores of the
examination, and the names of the proctors.
ARTICLE 8. EMPLOYMENT LISTS
Section 1. Establishment of Employment List. As soon as possible after the completion of an
examination. the Personnel Officer will certify an employment list. Employment lists established will be
confidential: names and final scores will not be made public information.
Section 2. Type of Employment Lists.
A. Promotional Employment List. The names of eligibles will be placed on the list in order of their
final score in accordance with Article 7.
B. Open-Competitive Employment List. The names of eligibles will be placed on the list in order of
their final score in accordance with Article 7.
Page 10
C. Reemployment List. The names of employees laid off under the provisions of Article 20 shall
have their names placed on a reemployment list. In addition, employees who are rejected during
a promotional probationary period and cannot be returned to their prior position or a similar
position shall have their names placed on a reemployment list for their prior position.
Section 3. Order of Eligibles
A. Upon scoring of all examination components. the names of eligibles will be placed in eligibility
categories according to composite performance on weighted selection procedures.
B. Tied Scores. Except as provided in this section. in case of tied scores. all eligibles shall receive
similar treatment which shall include certification at the same time. notwithstanding that such
action may require an exception to any of these Personnel Rules pertaining to numbers of
persons certified.
(1) Veteran's Preference. For purposes of placement on the list of eligibles. if an applicant
who has a tied score in an examination is a veteran, as that term is defined in Section 50088 of
the California Government Code. the tie will be broken in favor of the veteran, such that the
veteran will be placed at a higher position than the non-veteran.
Section 4. Use and Duration of Employment Lists. An employment list shall become effective upon
the Personnel Officer's certification that the list was prepared and represents the relative evaluation of the
applicants whose names appear thereon. Each employment list generally will only be used to fill one
position. However. the Personnel Officer, in his/her discretion, can use an employment list to fill more
than one position. Each employment list shall remain effective for six months or until the Personnel
Officer abol'lshes the l'lst, whkhever occurs sooner. The Personnel Officer may extend an employment
list for a period not greater than an additional six months when it appears to be in the best interest of the
City. The Personnel Officer may abolish an employment list when fewer than three names remain on the
list or when a certification of three active eligibles is not available. Active eligibles on an abolished list will
be given the opportunity to reapply for the classification or have their names integrated in a newly
established list if the selection procedure has not changed. for a period not to exceed the life of the newly
established list Such integration may be granted only once for any list.
Section 5. Removal of Names from Employment Lists. The Personnel Officer may remove the
name of any eligible applicant from an employment list upon any of the following occurrences:
A On evidence that the eligible applicant cannot be located by postal authorities. Failure to reply
within seven days to a letter requesting information as to availability for appointment, or failure to
notify the Personnel Officer of any change of address resulting in the return of letters without
forwarding by the U.S. Postal Service, will be considered grounds for removal. With such
evidence, on submission of a request therefor, giving acceptable reasons as to why the notice
was not returned or change of address not filed. the Personnel Officer may restore the name of
an eligible candidate to the employment list.
B. On the applicant's failure to respond to correspondence sent to the email address the applicant
has provided the City within five business days of the correspondence being sent: or if the City
receives notice that the email address provided by the applicant did not accept the
correspondence.
C. Upon receipt of a written statement from the eligible applicant declining appointment and stating
that he/she wishes his/her name to be removed from the employment list
D. If an offer of regular full-time employment in the class for which the employment list was
established has been declined by the eligible applicant.
Page 11
Section 6 Employment List Priority. Priority for consideration for employment shall be given to a
Reemployment List. In the absence of a Reemployment List there shall be no priority given among the
employment lists. When there is more than one employment list, the City Manager shall determine which
employment list to use.
Section 7. Availability of Eligibles. It shall be the responsibility of eligible applicants to notify the
Personnel Officer in writing of any change of address or other change affecting their availability for
appointment
ARTICLE 9. METHODS OF FILLING VACANCIES AND PRE-EMPLOYMENT REQUIREMENTS
Section 1. Notice to Personnel Officer. Whenever a vacancy in the classified service is to be filled,
the Personnel OfficeL after considering the recommendation of the Department Head, shall have the right
to decide how to fill the vacancy.
Secnon 2 Tvoes of Aooomtment All vacancies in the classified service shall be filled by transfer,
reclassification, demotion, reemployment reinstatement or from an employment list certified by the
Personnel Officer. In the absence of persons eligible for appointment in these ways. provisional or acting
appointments may be made in accordance with these Personnel Rules.
A Provisional Appointment.
(1) In the absence of an applicable employment list and while a recruitment for the class is
being processed. a provisional appointment may be made, by the Appointing Authority, of a
person meeting the minimum training and experience qualifications for the position. The term of
a prov·ls\onal appointment shall not be longer than six months. During a prov·1s·1onal appo"mtment.
a provisional appointee shall be compensated at the level assigned to that position by the
classification plan.
(2) The provisional appointee shall be considered a temporary employee and shall not be
entitled to the rights and benefits afforded to classified employees under these Personnel Rules.
In the event that a Retired Annuitant is hired as a provisional employee, the appointment and
employment of the Retired Annuitant will be governed by the applicable statutes and regulations
of CaiPERS or other applicable retirement system. In the event that the City's rules and
procedures on provisional employment are inconsistent with the applicable statutes and
regulations governing the employment of retired annuitants, the statutes and regulations shall
control.
{3) Individuals hlred under a provisional appointment will be notified in writing by the
Administrative Services Department that the appointment is of a temporary nature. Employees
appointed to a provisional position will not acquire probationary or regular status or rights. Time
spent in a provisional position will not count toward the probationary period if the employee is
subsequently appointed to the regular position.
B. Acting Appointment.
{1) Acting appointments may be used to fill positions that are vacant or that are temporarily
vacant, such as when an employee is on an extended leave of absence.
(2) An employee who is assigned to serve an acting appointment in a higher level vacant
regular or limited-term position shall be appointed on a temporary basis to that class. At any time
such employee may request to be reassigned to his/her former class. In such a case. the
employee shall be reassigned within seven days.
Page 12
(3) An employee who is serving an acting appointment shall receive a salary increase of 5%
of his/her base salary during the duration of the acting appointment
(4) Upon return from an acting appointment an employee shall have the step status and
merit increase eligibility date he/she would have achieved if the employee had remained in the
lower class throughout the period of his/her service in the higher class.
(5) At the end of the employee·s assignment to the higher class. the employee shall have the
right to return to his/her former class and department. An acting appointment shall not exceed a
period of 12 months.
C. Reinstatement A regular employee who leaves employment and is reinstated within six months
shall. at the discretion of the City Manager, be deemed to have been on a leave of absence
without pay for such period of time. A reinstated employee shall retain the seniority he/she
accrued prior to the reinstatement
D. City-Initiated Transfer. The City may initiate employee transfers when the transfer is in the best
interest of the City. Employees who are transferred upon the initiative of the City will be required
to serve a 12-month probationary period in accordance with Article 10. Upon approval of the City
Manager, an employee may be transferred by the Department Head at any time from one position
to another position in a comparable class where the salary range is the same, involves the
performance of similar duties and requires substantially the same basic qualifications. However,
the employee must meet the minimum qualifications established for the position being transferred
to. The employee will be notified prior to any transfer. Any employee who is transferred from one
position to another position in the same or similar class will be compensated at the same step
and salary range the employee rece·rved ·rn the previous pos"rt·ron. The employee's anniversary
date wlll change to the effective date of the transfer.
E. Emolovee-lnrtrated Transfer Regular employees who have completed their probationary period
may request a transfer to a different position. Employees requesting a transfer will submit a
memorandum to the City Manager detailing the request for transfer and reasons for the request.
Upon receipt of the transfer request the City Manager will notify the employee's Department
Head. Job performance, qualifications, attendance. and other legitimate factors will be evaluated
to ensure the most effective use of the employee's capabilities in evaluating the transfer request.
Employees transferred to a vacant position at their request will serve a new 12~month
probationary period.
If the transfer involved a change from one department to another. both Department Heads must
consent thereto unless the City Manager orders the transfer.
F. Interactive Process Transfer. As part of the interactive process and in accordance with state and
federal law, an employee who is unable to perform the essential functions of his/her present
classification may be placed in a vacancy in another class that does not result in a promotion if
the employee can perform the essential functions of the vacant position, with or without
reasonable accommodation. The disabled employee does not have to be on an employment list
for the class to which the appointment is being made.
G. Promotion. It is the policy of the City to fill authorized vacant positions based on merit. Insofar as
consistent with the best interest of the City, vacancies in the Classified Service may be filled by
promotion from within the Classified Service, after a promotional examination has been given and
a promotional list established. If, in the opinion of the Appointing Authority, it is in the best
interest of the City. a vacant position may be filled by an open examination instead of promotional
examination.
Page 13
Qualification standards used in promotion will be at least equal to those standards applied in the
new-hire process and evaluation methods will be reasonable. applied with fairness and equity to
all candidates. and developed with the intent of obtaining the highest degree of validity and
reliability possible under the specific circumstances. Minimum qualifications may be ascertained
from job analysis, application forms, tests, examinations. interviews. and/or performance
evaluations.
All full-time, regular or probationary employees meeting the qualifications standard of a higher-
grade position under the same or different job classification may be considered for promotion.
Employees interested in promotion to a vacant position for which they are qualified will submit an
employment application to the Personnel Officer. Procedures to apply for promotion will be
governed by Article 6.
H. Demotion. In consultation with the Personnel Officer. the City Manager or Department Head may
voluntarily or involuntarily demote an employee. No employee will be demoted to a position for
which he/she does not possess the minimum qualifications. Disciplinary demotion action will be
in accordance with Article 17. Any demotion taken in lieu of layoff will be in accordance with
Article 20.
(1) Involuntary demotion. An employee may be involuntarily demoted for any of the following
reasons:
(a) If an employee·s job-related performance is not in accordance with the standards
of his/her position.
(b) For disciplinary purposes (see Article 11).
(2) Voluntary demotion. An employee who possesses the minimum qualifications. may
request a voluntary demotion to a lower position. An employee requesting a voluntary
demotion will submit a memorandum to his/her Department Head requesting a voluntary
demotion and detailing the reasons for the request Upon receipt of the request for
voluntary demotion. the Department Head will notify the City Manager. If the request for
voluntary demotion involves a change from one department to another, both Department
Heads must consent thereto unless the City Manager orders the demotion.
(3) Effect of demotion. Demoted employees are required to serve a 12-month probationary
period in accordance with Article 10. The employee's anniversary date will change to the
effective date of the demotion. Demoted employees may have their salary reduced
accordingly to the appropriate salary range, or may bey-rated. Salary determinations for
demoted employees are solely within the discretion of the City Manager,
L Reemolovment An employee may be appointed from a reemployment list following layoff in
accordance with Article 20 or when the employee has failed a promotional probationary period in
accordance with Article 10.
Section 3. Offer of Employment Only the Appointing Authority may extend offers of
employment to selected candidates, with the advanced approval of the Personnel Officer.
Employment offers for all positions will be made in writing and will include starting salary on an
hourly, weekly or monthly basis. An employment offer made in terms of annual salary does not
imply a yearly contract.
Section 4. Finqerorints and Background Check. As a condition of employment. the City Manager
may require a person seeking employment by the City to be fingerprinted and/or to undergo a background
check prior to beginning employment. Refusal of an employee to be fingerprinted, failure to report for
Page 14
fingerprinting, or failure to provide such information as is necessary to conduct a background check will
be sufficient cause for disqualification for employment or termination from employment All employees
will have their fingerprints submitted for clearance through the California Department of Justice and other
agencies as deemed appropriate. Fingerprints will be submitted using the "LiveScan" process and in
accordance with applicable state, federal. and local laws regarding the LiveScan process. A background
investigation may include. but is not limited to reference checks. employment history, criminal history, and
public records. When the City conducts such an investigation, it will comply with all requirements of the
federal Fair Credit and Reporting Act and the California Investigative Consumer Reporting Agencies Act,
as well as all other applicable state and federal laws.
Section 5. Medical Examination of Applicants and Employees. Following a conditional offer of
employment. prospective employees will be required to complete a job related pre-employment medical
examination. The City may require that employees take a psychological and/or a medical examination,
as it deems necessary in order to determine employees to be mentally and physically capable of
performing the essential functions of the job. Conditional offers of employment are made contingent upon
passing this medical examination. however. the City will make reasonable accommodations to the special
needs of any disabled individual as required by law. A licensed health care provider chosen by the City
will perform such examination without cost to the prospective employee. The prospective employee will
be required to complete a medical history questionnaire and a medlcal records release as necessary to
facilitate the examination. The health care provider will indicate the employee·s fitness for employment
on the examination form. In the event the examination is not completed prior to the employee's
scheduled start date, only a temporary appointment may be made. Probationary appointment will be
contingent on a satisfactory examination.
Depending on the essential functions of a position, a medical examination may be required for:
A Applicants who have received a conditional offer of employment:
B, Employees seeking a transfer from one position requiring general physical abilities to another
position requiring physical abilities of a more different nature;
C. Employees returning to work from a medical leave of absence. The physician conducting the
medical examination will be supplied with a current job description indicating the essential
functions of the position: or
D. When a supervisor observes or receives a reliable report of an employee's possible lack of fitness
for duty_ Observations and reports may be based on, but are not limited to. employee's own self-
report of potential unfitness, dexterity. coordination. alertness, speech. vision acuity,
concentration, response to criticism, interactions with the public, co-workers, and supervisors.
The results of all medical examinations will be kept confidential. Examination results for newly hired
employees and employees transferring to another position will be kept in the employee's confidential
medical file. No employee will hold any position in which the employee is not able to perform the
essential functions of the job. with or without reasonable accommodation.
Section 6. Driver License and Driving Record. Employees who are required to drive as a part of
their job are required to possess a valid California driver license and maintain a satisfactory driving record
acceptable to the Appointing Authority as a condition of employment. The City will, from time to time,
obtain a copy of employee driving records from the DMV where permitted by law. Employees must
immediately report to the Personnel Officer any changes in driving privileges. Failure to do so may result
in disciplinary action up to and including termination. Employees who are required to drive as a part of
their job must provide proof of insurance in amounts and forms as approved by the Personnel Officer and
comply with additional requirements set forth in separate City policy.
Page 15
Section 7. Emolovment Oath All employees of the City must complete and sign the Oath or
Affirmation of Allegiance for Public Officers and Employees on the first day of employment in accordance
with Article XX, Section 3 of the Constitution of the State of California. A signed copy will be included in
the employee's personnel file
Section 8. Identification Cards. Employee identification cards will be issued by the Administrative
Services Department to all employees of the City. Employee identification cards are to be used by
employees in conducting business on behalf of the City. Employee identification cards are the property of
the City and will be surrendered to the City upon demand or separation from employment. Employees
will be required to immediately report lost or stolen identification cards to the Administrative Services
Department.
Section 9. Keys and Other City Property. Keys to City facilities will be issued to employees so
designated by the City Manager. Keys are the property of the City and must be surrendered to the City
upon demand or upon separation from employment. Employees are required to immediately report lost
or stolen keys to the employee·s supervisor and Department Head. Employees may not copy keys or
lend keys to other persons without the approval of the City Manager. Other property issued to the
employee belonging to the City will be surrendered to the City upon demand or upon separation from
employment
ARTICLE 10. PROBATIONARY PERIOD
Section 1. Objective of Probationary Period. The probationary period shall be regarded as a part of
the selection process and shall be used for closely observing the employee·s work. to determine if he/she
can successfully perform the assigned duties of his/her position and adhere to City rules and policies. and
to help ensure the employee effec(lvely adjusts to h·1s/her position.
Section 2. Length of Probationary Period. All full-time appointments, including promotional
appointments. shall be subject to a probationary period of 12 months. unless the employee is notified in
writing of an extension in accordance with these Personnel Rules.
Section 3. Extension of Probationary Period. The probationary period. upon approval of the
Personnel Officer, may be extended up to a maximum of six months.
In addition. the use of any leave of absence in excess of 15 consecutive days shall cause the employee's
probationary period to be extended by the length of the leave(s) of absence.
Section 4. Rejection of Probationer. During the initial probationary period, an employee is employed
at the will of the City. As such, a probationary employee may be terminated at any time by the
Department Head, with or without cause, and with or without advance notice, with the approval of the City
Manager. Notification of rejection by the Department Head or City Manager will be served on the
probationer. The employee will have no right of appeal of his/her failure to pass probation and of the
decision to terminate employment. This Section shall not apply to promotional appointments.
Section 5. ReJection Following Promotion. A promoted employee who does not successfully
complete a promotional probationary period will be restored to the same or similar position in the same
class from which promoted. unless:
A. No vacancy exists for the position to which the employee would revert;
B. No funding is available in the classification to which the employee would revert:
C. The employee is terminated for cause, as provided for in Article 17.
Page 16
If there is no vacancy in the employee's prior position or a similar position or if no such position is funded,
the employee may request to be placed on a reemployment list. as provided in Article 20.
Section 6. Probationary Period Following Demotion. Transfer. Reemployment. or Reinstatement.
A. Demotion. A new 12-month probationary period will be required following demotion, unless
waived by the Personnel Officer. When an employee demotes from one department to another
department, a new probationary period will be served in the new department.
B. Transfer. A new 12-month probationary period will be required following transfer. unless waived
by the Personnel Officer. When an employee transfers from one department to another
department a new probationary period will be served in the new department.
C. Reemployment. Persons appointed to positions by reemployment must serve a new probationary
period, unless the appointment is to the same class in the same department where a probationary
period has been previously successfully completed.
D. Reinstatement. Persons appointed to positions by reinstatement must serve a new probationary
period.
ARTICLE 11. WORKWEEK, OVERTIME AND PREMIUM PAY
Section 1. Timekeeping.
A All time records, including time sheets, represent legal documents that are used to accurately
record working time and to compensate employees properly. All employees shall record
accurately all exact time worked on the day that it actually occurs.
B. Supervisors are responsible for monitoring the following:
{1) Start time for each workday:
{2) Start time for each meal period:
(3) End time for each meal period:
(4) End time for each workday:
(5) Whether a meal period is taken (if no meal period is taken, this must be stated);
(6) All actual time taken as paid leave; and
(7) Any additional time during which work is performed. including work performed outside the
regular shift, as set forth in Section 2.0 below.
C. To ensure the accuracy of all time records, each employee shall sign a statement attesting that
the time and hours recorded accurately and fully identify all time worked during the pay period.
whether authorized or unauthorized, and that all meal periods to which the employee is entitled
have been provided. Each employee shall further acknowledge that he/she has not violated any
provision of this Article 11 during the pay period, including but not limited to working unauthorized
overtime or working during a meal period without authorization.
0_ Employees responsible for completing time sheets must ensure that the time sheets are
submitted to the Supervisors on the day designated by the City. Supervisors shall review and
address potential issues in time sheets as established by City Policy. Supervisors shall sign each
Page 17
time sheet attesting to the completion of such review and that the time recorded reflects all work
performed by the employee of which the supervisor was reasonably aware.
E. Under no circumstances shall a Supervisor or employee sign a time sheet on behalf of another
employee.
Section 2. Hours Worked.
A In GeneraL
( 1) Only those hours that are actually worked by non-exempt employees shall constitute
"hours worked·· for purposes of determining entitlement to overtime pay under applicable state
and federal wage and hour laws.
(2) Non-exempt employees shall be compensated for travel time, attendance at training or
meetings, and other similar time where required under applicable state and federal wage and
hour laws.
(3) Time taken as paid leave, including. but not limited to, holidays, vacations, sick leave,
and other simllar periods when no work is performed shall constitute "hours worked" for purposes
of overtime calculation.
(4) Time worked for which employees receive additional compensation shall constitute hours
worked to the extent that it represents time actually worked and does not constitute overtime as
defined in these Rules.
B. Meal Periods.
( 1) Non-exempt employees are entitled to unpaid meal periods during which they shall be
entirely relieved of responsibilities and restrictions. Such time shall not constitute hours worked.
(2) Non-exempt employees shall be entitled to 30-minute unpaid meal periods.
(3) Supervisors shall schedule meal periods to ensure appropriate coverage.
(4) All employees shall take reasonable measures wherever feasible to avoid the need for
work to be performed during meal periods. Where required, time spent on such work shall be
kept to a minimum. and may only occur with the prior written authorization of a supervisor. Non-
exempt employees who work during their meal periods shall be paid for time worked.
C. Rest Periods.
(1) Non-exempt employees are entitled to two 15-minute paid rest periods during each
workday. Such time shall constitute hours worked.
(2) Supervisors shall schedule rest periods to ensure appropriate coverage.
D. Work Performed Outside Regular Shift.
(1) Employees shall not perform work outside of their regularly scheduled shifts unless
requested to do so by a Supervisor or with advance written authorization from a Supervisor. This
requirement applies to, but is not limited to:
{a} Work performed before the start of the shift:
Page 18
{b) Work performed during meal periods;
{c) Work performed after the end of the shift: and
(d) Other work performed "off the clock" including work performed at home.
(2) All employees shall take reasonable measures wherever feasible to avoid the need for
work to be performed outside of their regularly scheduled shifts. Where required. time spent on
such work shall be kept to a minimum. and may only occur with the prior written authorization of a
supervisor.
(3) Employees shall not perform work outside of their regularly scheduled shifts for any of the
following purposes:
(a) To earn supplemental benefits; or
(b) To serve out probationary periods.
(4) Supervisors shall adhere to the following guidelines in requesting or assigning work
outside an employee's regularly scheduled shift:
(a) An employee who may be required to perform work outside the regular shift shall
be notified of the apparent need for such work as soon as practicable prior to when the
work is expected to begin.
(b) When practicable, opportunities shall be made available on an equal basis to all
employees capable of performing the work.
(5) Non-exempt employees required to staff a Commission or Council meeting, will be paid
for actual time worked, or a minimum of one hour, whichever is greater.
(6) Non-exempt employees who are ordered to return to duty between the hours of midnight
and six o·clock a.m. will be paid for actual time worked. or a minimum of two hours, whichever is
greater. Employees who are ordered to return to duty at other times not during their regularly
scheduled shift will be paid for actual time worked, or a minimum of one hour. whichever is
greater.
Section 3. Overtime.
A. Work Schedules and Workweek. Department Heads have the discretion to assign employees to
work any one of the following three schedules. Except in the case of an emergency, Department
Heads must provide employees with at least 30 days notice before changing an employee's work
schedule. lf the needs of the City require that a position be assigned to work a different work
schedule or have a different workweek than the three set forth in this Section, the City Manager.
in consultation with the Department Head. may designate the work schedule and workweek for
employees in that position in writing.
(1) 4/10 Work Schedule and Workweek.
(a) The City Council has adopted a 4/10 work schedule for most employees in which
employees work Monday through Thursday, 7:30 a.m. to 6:00 p.m. with Fridays off.
Alternatively. some employees will work Tuesday through Friday. 7:30a.m. to 6:00p.m.
with Mondays off. At the direction of the City Manager, some employees may be
required to work a different schedule due to the requirements of their job classifications or
Page 19
the Department Head. Employees who have reached the maximum __ s~~_";;:_\!.E!J of 40 hours shall be
paid overtime compensation for any additional overtime hours worked. Compensatory time
accrued prior to January 1. 2013 that is in excess of 40 hours shall be administered in
accordance with City policy.
ARTICLE 12. COMPENSATION
Section 1. Compensation for Employees. Employees shall receive compensation at the biweekly or
hourly rate for the range and step or flat rate assigned to the class in which they are employed.
Section 2. Pay for New Employees.
A. A new employee shall be paid at the first step of the salary range in effect for the particular class
in which the new employee is hired except as provided in Section 2.8. of this Article 12.
B. The City Manager may authorize the appointment of an employee at a step higher than the first
step of the salary range. Such an appointment shall be made only when the City Manager makes
a determination that there is a direct and measurable benefit to the City from such an
appointment and makes a determination that the applicant's previous training and experience
enables him/her to make a greater contribution than a less experienced employee. The City
Manager may not authorize a salary that exceeds the established salary range.
Section 3. Merit Increase AdJustments. Advancement within a salary range shall not be automatic.
but shall be based upon job performance, and shall be granted based upon the recommendation of the
employee·s Department Head and approval of the Personnel Officer. Employees shall be considered for
merit salary increases each year in conjunction with their performance evaluations, and in accordance
with the following:
A. Timing of Merit Increase AdJustments. If awarded, merit increase adjustments shall be effective
on July 1st of each year, unless othervvise provided in this Section.
(1) Because newly hired and promoted employees will be appointed on a variety of dates,
special rules shall govern the employee's eligibility for the first merit increase adjustment. After
the first merit increase adjustment. newly hired and promoted employees will adhere to the
standard timing of merit increase adjustments. New and promoted employees are eligible for
consideration for a merit-based advancement to the next step in the salary range after having
successfully completed the mandatory probationary period. If the employee completes his/her
probationary period between July 1st and December 3131• he/she shall be eligible for a merit
increase adjustment on January 1s1• and any future merit increase adjustments shall be effective
on July 1st. If the employee completes his/her probationary period between January 1"t and June
30111• he/she shall be eligible for a merit increase adjustment on July 151•
(2) The granting of a leave of absence without pay of more than 15 consecutive days in a
fiscal year shall cause the employee's eligibility for a merit increase for that fiscal year to be
extended the number of days he/she was on such leave_ except as otherwise required by law_
(3) Should an employee's performance evaluation be delayed for reasons other than the
employee·s leave of absence, and upon discovery of the error, the employee is recommended for
a salary increase. the employee's merit salary increase shall be retroactive to July 1st_ If an
employee's performance evaluation is delayed because the employee is on a leave of absence.
the merit salary increase will not be retroactive, but will take effect on the date that is the number
of days in excess of 15 he/she was on such leave after July 1st.
B. If. in the Department Head's judgment and as approved by the Personnel Officer and the City
Manager, the employee's performance does not justify a merit increase on the performance
Page 21
evaluation date. the employee shall be reevaluated before the expiration of six months. measured
from the date of the performance evaluation. If the reevaluation results in the employee receiving
a salary increase, the salary increase shall become effective on the reevaluation date and shall
not be retroactive.
Section 4. Salary on Promotion. An employee who is promoted shall be placed at the step in the
higher salary range that would constitute a salary increase of at least four percent
Section 5. Salary on Transfer. An employee who is transferred from one class to another class
having the same salary range shall be compensated at the same step in the salary range as he/she
previously received.
Section 6. Salary on Demotion. An employee who is demoted for any reason shall be placed at the
step in the lower salary range that will equate to a reduction in salary.
Section 7. Salary on Position Reclassification. When an employee·s position is reclassified and the
employee is appointed to the new position, his/her salary shall be determined as follows:
A. If the position is reclassified to a class with a higher maximum salary than the previous class,
his/her salary shall be set at least at the nearest higher step in the higher salary range.
B. If the employee's current salary exceeds the maximum salary of the new class. the salary of the
employee shall be designated as a Y-Rate and shall not change during continuous regular
service until the maximum of the salary range to which the class is assigned exceeds the salary
of the employee.
Section 8. Salary upon Reemolovment An employee reemployed after layoff shall receive the
same salary step in the range of the class he/she held upon layoff.
Section 9. Salary upon Reinstatement. An employee reinstated shall receive the same salary step
in the range of the class he/she held at the time of leaving City employment.
Unique Base Skills Salary Increase. The City has previously provided a unique base skills salary
increase to certain employees. Only employees who were receiving a unique base skills salary increase
on December 1, 2012 shall be eligible to continue to receive said increase. The City Council may, at any
time and in its sole discretion, by resolution, revoke the Unique Skill Bonus. The payment of the Unique
Skill Bonus is also subject to annual appropriation of funds by the City Council. No employee is entitled
to continue to receive a Unique Skill Bonus, regardless of whether the employee has previously received
such bonus. This bonus shall be in addition to the employee's regular salary or wages and be paid on the
same schedule as the City's regular payroll cycle.
A. Maintaining a Unique Skill. For those unique skills that require renewal of a certification and/or
continuing education, in order to remain eligible for the Unique Skill Bonus. employees shall be
required to make such renewal and/or complete such continuing education to the satisfaction of
the City Manager. It shall be the responsibility of the employee to ensure such renewal or
continuing education is completed prior to the expiration of any certification qualifying the
employee for a Unique Skill Bonus. Lapse of a qualifying certification shall subject the employee
to loss of the Unique Skill Bonus, subject to the determination of the City Manager.
B. Limitation on Unique Sklll Bonuses. Employees shall only be eligible for the payment of one
Unique Skill Bonus at any one time.
C. Effect of Promotion on Unique Skill Bonuses. When an employee receiving a Unique Skill Bonus
is subsequently promoted. he/she shall no longer receive a Unique Skill Bonus.
Page 22
Section 10. Improper Deductions from Salary.
A The City prohibits all Supervisors and Department Heads from making any improper deductions
from the salaries of exempt employees. The City does not condone deductions that violate
applicable state or federal wage and hour laws.
B. An exempt employee who believes that an improper deduction has been made to his/her salary
should immediately report this information to the Administrative Services Department.
C. The City will promptly investigate reports of improper deductions. If the City determines that an
improper deduction has occurred, the employee will be promptly reimbursed for the improperly
deducted amount.
D. The City is committed to ensuring that Supervisors or Department Heads who are found to have
made improper deductions do not continue doing so. To this end. Supervisors or Department
Heads shall be subject to discipline for an initial improper deduction. In addition, failure by a
Supervisor or Department Head to discontinue such improper deductions shall be subject to
further discipline. up to and including termination.
ARTICLE 13. PERFORMANCE EVALUATIONS
Section 1. In General. The City shall maintain a system of employee performance ratings designed
to give a fair evaluation of the quantity and quality of work performed by an employee. Such ratings shall
be prepared and recorded in the employee's personnel file for all regular employees at least once each
year. An employee can be evaluated more frequently if done in accordance with these rules. The
purpose of a performance evaluation ·Is to set goals for the employee, to evaluate an employee's work
performance, and to provide a mechanism for the supervisor to communicate expectations for the
employee. The performance evaluation may be used to promote or identify training for an employee or
as a basis for disciplinary action. However. a performance evaluation is not. itself, disciplinary in nature.
Only job-related factors shall be used to evaluate an employee·s work performance. Department Heads
are responsible for the timely evaluation of employees in their departments, and they may solicit the
assistance of lower level supervisors in the preparation of the performance evaluation.
Section 2. Relation to Merit Salary Increases. An employee's performance evaluation provides the
mechanism for communicating whether the employee will receive a merit salary increase each year, and
the reasons that the merit salary increase is granted or denied. The performance evaluation of each
employee is due on July 151 of each year.
Section 3. Submission of Performance Evaluations to Administrative Services Director. A
performance evaluation must be submitted for review by, and be approved by, the Administrative
Services Director before the performance evaluation is provided to or discussed wlth an employee.
Section 4. Performance Evaluations for Probationary Employees.
A. During the probationary period, the probationary employee (including employees serving a
probationary period due to promotion. transfer, demotion, reemployment, or reinstatement) must
be evaluated after three. six. and twelve months of service. Evaluation after nine months is
optional and left to the discretion of the Department Head.
B. The use of any leave of absence in excess of 15 consecutive days shall cause the employee's
probationary period to be extended by the length of the leave(s) of absence. and the dates of the
probationary period evaluations shall be similarly extended.
Page 23
C. The supervisor shall make certain that the probationary employee or promotional appomtee's 12-
month evaluation is completed prior to the end of his/her probationary period. and the evaluating
Department Head shall make one of the following recommendations to the Personnel Officer.
( 1) The employee has successfully completed probation and shall be retained:
(2) The employee's probationary period shall be extended. and the amount of time (up to six
months) that the Department Head recommends the probationary period be extended by: or
(3) The employee has failed to successfully complete probation and shall be released from
probation.
D. The Personnel Officer shall make the f1nal determination regarding each probationary employee.
Section 5. Regular Emolovees Every employee shall be evaluated at least every 12 months by
July 1 of each year. Employees who are on a leave of absence will be evaluated as soon as possible
after their return to work. The supervisor shall also meet with the employee by January 1 of each year to
conduct a mid-year review to summarize progress made on the objectives and expectations through
January 1. The supervisor shall also document any changes to objectives, measurements and priorities
at this time. Following the completion of the year-end evaluation by July 1. the supervisor shall also
establish up to four personal development objectives for the employee to complete during the following
fiscal year_
Section 6. Additional Evaluations. An employee, whether regular or probationary. may be evaluated
more frequently in the discretion of his/her Department Head.
Section 7. Employee Response. The Supervisor shall discuss with the employee the specific
ratings prior to such ratings being made part of the employee's personnel file. The employee shall have
the right to file a written response, which shall be attached to the evaluation and shall be placed in the
employee·s personnel file. The employee is not permitted to file an appeal or a grievance because of a
performance evaluation.
Section 8. Maintenance of Performance Evaluation. When a performance evaluation is recorded in
the personnel file of an employee, a copy of such evaluation, together with any attachment relating
thereto. shall be given to the employee.
ARTICLE 14. RECORDS AND REPORTS
Section 1. Maintenance of Personnel Files. The Director of Administrative Services shall maintain a
personnel record for each employee in the service of the City showing the name, title of position held, the
department to which assigned. salary. changes in employment status, and such other information as may
be considered pertinent by the Personnel Officer. Personnel records are confidential and, unless
otherwise required by law, access to personnel records will be limited to current or former employees.
authorized representatives of current or former employees, and authorized representatives of the City.
Rights to access. inspect, and copy personnel records, as well as applicable procedures and limits upon
such rights shall be as set forth in separate City policy.
Section 2. Personnel Action Form. Every appointment, transfer, promotion. demotion, termination,
or any other temporary or permanent change in status of employees will be reported to the Personnel
Officer in such manner as prescribed by the Personnel Officer. A Personnel Action Form will include the
employee's name, title of position held. the department to which assigned. salary, changes in
employment status. residence data, and such other information as may be considered pertinent. The
Personnel Officer's signature will be included on Personnel Action Forms as a result of an appointment,
promotion. demotion, transfer and termination. A copy of the Personnel Action Form will be included in
the employee's personnel file.
Page 24
Section 3. Current Address. Employees are required to notify the Director of Administrative
Services of any change of name, address. or telephone number within five calendar days of change.
Section 4 References. Only the Personnel Officer and the Director of Administrative Services or
their designees are authorized to provide references for former or current employees on behalf of the City
of Temple City. No other employee is authorized to provide written or verbal references or
recommendations for former or current employees. No other employee is authorized to respond to
questions from persons outside the City about former or current employees regarding their work
performance. As such. any employee who receives a request for a reference is required to forward that
request to the Director of Administrative Services.
Section 5. Destruction of Records. Upon approval of the City Attorney. records relating to personnel
may be destroyed as prescribed by law.
ARTICLE 15. NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS BETWEEN
EMPLOYEES
Section 1. Nepotism.
A Definitions.
(1) Applicant. A person who applies for a position at the City and is not a Current Employee.
(2) Change of Status. A change in the legal status or personnel status of one or more
Current Employees.
(a) Changes in legal status include but are not limited to marriage. divorce,
separation. or any such change through which a Current Employee becomes a
Family Member or ceases to be a Family Member of another Current Employee.
{b) Changes in personnel status include but are not limited to promotion, demotion.
transfer. resignation. retirement or termination of a Current Employee who is a
Family Member of another Current Employee.
(3) Current Employee. A person who is presently a City employee, or an elected or
appo·mted City otnc"1al.
(4) Direct Supervision. One or more of the following roles, undertaken on a regular, acting,
overtime. or other basis shall constitute Direct Supervision:
(a) Occupying a position in an employee's direct line of supervision; or
(b) Functional supervision. such as a lead worker, crew leader, or shift supervisor; or
(c) Participating in personnel actions including, but not limited to, appointment,
transfer, promotion, demotion, layoff. suspension, terminaUon, assignments.
approval of merit increases, evaluations, and grievance adjustments.
(5) Family Member. A spouse, domestic partner. parent, parent-in-law, step-parent, legal
guardian. sister, step-sister. sister-in-law. brother, step-brother, brother-in-law, child,
step-child. legal ward. daughter-in-law. son-in-law. grandchild, or grandparent
(6) Prohibited Conduct Conduct by Family Members including, but not limited to, one or
more of the following:
Page 25
(a) Participation directly or indirectly in the recruitment or selection process for a
position for which a Family Member is an Applicant.
(b) Direct Supervision of a Family Member that does not comply with limitations set
forth in this Article:
(c) Conduct by one or more Family Members that has an adverse effect on
supervision. safety, security or morale.
B. Applicants for Employment.
(1) No qualified Applicant may be denied the right to file an application for employment and
compete in the examination process. However. consistent with this Article. the City may
reasonably regulate. condition, or prohibit the employment of an Applicant for a full-time position.
(2) Disclosure of Relationship. Each Applicant is required to disclose the identity of any
Family Member who is a Current Employee.
(3) Review of Personnel Officer. For each Applicant who has a Family Member who is a
Current Employee, the Personnel Officer shall assess whether any of the following circumstances
exist:
(a) Business reasons of supervision, safety, security or morale warrant the City's
refusal to place the Applicant under Direct Supervision by the Family Member; or
(b) Business reasons of supervision. security. or morale that involve potential
conflicts of interest or other hazards that are greater for Family Members than for
other employees, which warrant the City's refusal to permit employment of
Family Members in the same department, division, or facility.
(4) Decision of the Personnel Officer_ If the Personnel Officer determines that either of the
above circumstances exist. the Personnel Officer shall exercise his or her discretion to either
reject the Applicant or consider the Applicant for employment in a position that does not present
either of the above circumstances.
(a) Following examination. if the Applicant is successfully certified as eligible
pursuant to Article 8. he or she may be employed in a position for which the
Personnel Officer has determined that neither circumstance exists pursuant to
Section 1.B.3 of this Article 15.
(b) When an eligible Applicant is refused appointment by virtue of this Article 15. his
or her name shall remain on the eligibility list for openings in the same
classification. For each opening, the Personnel Officer shall make a
determination consistent with Section 1.8.3. of this Article.
C. Guidelines for Current Employees.
(1) Employees shall report a Change of Status to the Personnel Officer within a reasonable
time after the effective date of the Change of Status. Wherever feasible, Employees shall
report a Change of Status in advance of the effective date.
{2) Within thirty days from receipt of notice, the Personnel Officer shall undertake a case-by-
case consideration and individualized assessment of the particular work situation to
Page 26
determine whether the Change of Status has the potential for creating an adverse impact
on supervision. safety. security. or morale.
(a) The Personnel Officer shall consult with an affected Department Head to make a
good faith effort to regulate. transfer, condition or assign duties in such a way as
to minimize potential problems of supervision. safety. security. or morale.
(b) Notwithstanding the above provisions, the City retains the right to exercise its
discretion to determine that the potential for creating an adverse impact on
supervision, safety. security. or morale cannot be sufficiently minimized and to
take further action as set forth in Sections 1.D.2(a) or (b) of this Article 15.
D. Monitoring by Department Head.
(1) Following a Change of Status or new hire of a Family Member, affected Department
Heads shall reasonably monitor and regulate both Family Members· conduct and performance for
a period of one year from the date of the Personnel Officer's determination. The Department
Head shall document these actions. Successive Department Heads may re~visit such a
determination at their discretion.
(2) If the Department Head determines, subject to any applicable requirements of due
process. that an employee has engaged in Prohibited Conduct. the Department Head shall re-
visit the Personnel Officer's determination. Depending 011 the severity of the Prohibited Conduct,
the Department Head may recommend that the Personnel Officer take one or more of the
following additional measures:
(a) Transfer one of the Family Members to a similar position that would not be in
violation of this policy. The transfer will be granted provided the Family Member
qualifies and there is an opening to be filled. There can be no guarantee that the
new position will be within the same classification or at the same salary level.
(b) If the situation cannot be resolved by transfer, one of the Family Members must
separate from City employment. If one of the employees does not voluntarily
resign, the employee with primary responsibility for the Prohibited Conduct will be
discharged.
(3) Department Heads who receive complaints from other employees that one or more
Family Members has engaged in Prohibited Conduct shall respond in accordance with existing
complaint and disciplinary procedures, where applicable.
(4) Where situations exist prior to the effective date of this Article that may be in conflict with
this Article, every effort shall be made to reasonably address the situation so as to avoid any
future conflict.
E. Aooeal of Personnel Off1cer Determmat1on Current Employees and Applicants affected by the
application of this Article, may appeal the action to the Personnel Officer within ten days of the
action. The Personnel Officer shall hear the individual's concerns and issue a written decision
within 30 days of receipt of the individual's appeal. An individual who is dissatisfied with the
Personnel Officer's decision may appeal to the City Manager within five days of receipt of the
Personnel Officer's decision. The City Manager shall hear the individuars concerns and issue a
written decision within 30 days of the receipt of the individual's appeal. The decision of the City
Manager is final, and no other appeal may be had unless the employee is entitled to further
administrative appeal under other provisions of these Personnel Rules.
Page 27
F. Employee Complaints. Employees who believe that they have been adversely affected by
Prohibited Conduct by one or more Family Member should submit complaints to a Department
Head or to the Personnel Officer.
G. Savings Clause. Should any provision of this Article. or any application thereof, be unlawful by
virtue of any federal. state. or local laws and regulations. or by court decision. such provision shall
be effective and implemented only to the extent permitted by such law. regulation or court
decision. but in all other aspects. the provisions of this Article shall continue in full force and
effect.
Section 2. Consensual Romantic RelaHonships Between Employees.
A. General Consensual romantic or sexual relationships between City employees can lead to
misunderstandings. complaints of favoritism. adverse effects on employee morale. and possible
claims of sexual harassment during or after termination of the relationship. As a result, such
relationships present existing or potential conflicts that adversely affect efficient operation of the
City. Relationships that present an actual conflict under this Section are therefore prohibited.
B. Application. This section shall apply to all City employees, regardless of gender or sexual
orientation. who have a romantic or sexual relationship with another City employee. The
provisions of Section 1 regarding nepotism shall govern employees who marry or become
domestic partners with another City employee.
C. Definition of Connict. For purposes of this section. a conflict exists if business issues of
supervision, safety. security, and/or morale would be impacted by a romantic or sexual
relationship between two employees.
D. Supervisor's Duty to Report. If a romantic or sexual relationship exists between a Supervisor and
another employee (including another Supervisor), the Supervisor shall promptly disclose the
relationship to the Personnel Officer and request a determination as to whether the relationship
presents a conflict. The disclosure must identify the names and positions of both employees. A
Supervisor's failure to comply with this section shall be grounds for discipline up to and including
termination.
E. Determination by Personnel Officer. Within five working days, the Personnel Officer shall issue a
written determination as to whether the relationship presents a conflict, and is thereby prohibited.
The Personnel Officer, in consultation with the City Manager, shall have exclusive discretion in
making the determination.
F. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable
provisions of these Rules. the Personnel Officer will attempt in good faith to work with the
Supervisor and the other employee to consider options to eliminate the conflict, including
removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary
demotion of a Supervisory employee, or where the Personnel Officer determines that modification
of a Supervisor's assignment is not feasible. reassignment. transfer or voluntary demotion of a
non-Supervisory employee. The Personnel Officer retains discretion to determine that the confllct
may be resolved via voluntary resignation or termination only.
G. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate,
physical, or other conduct in furtherance of a romantic or sexual relationship with another City
employee at work locations during work hours. Moreover, upon termination of a sexual or
Page 28
romantic relationship with another City employee, employees are prohibited from engaging in
behavior that adversely affects the working conditions of any City employee. In general, all
employees are expected to observe appropriate standards of workplace conduct in their
interactions with other City employees.
H. Complaints. Employees who believe that they have been adversely affected by romantic or
sexual relationships between City employees should follow the complaint procedures provided
under the City·s Policy Against Harassment Discrimination, and Retaliation. The complaint
procedures are available to all employees regardless of their past or present participation in a
romantic or sexual relationship with another City employee.
ARTICLE 16. CODE OF ETHICS AND CONFLICTS OF INTEREST
Section 1. Code of Ethics. Every citizen of the City of Temple City is entitled to have complete
confidence in the integrity of local government. All elected officials. officers, employees. and members of
commissions must help earn that confidence by their individual and collective conduct. The purpose of
this Code of Ethics is to set a standard of conduct for all elected officials, officers, employees, and
members of commissions of the City of Temple City. This Code of Ethics is not intended to supersede or
invalidate any statute, regulation, ordinance, or regulation.
A Applicability. This Code of Ethics shall apply to all employees.
B. Review of Code of Ethics. The City shall review this Code of Ethics with their employees at least
annually. All employees shall sign an acknowledgement which shall be maintained by the
Administrative Services Department in each employee's personnel file.
C. Code of Ethics.
(1) A!! employees shall uphold the Constitution of the United States. the Constitution of the
State of California, and the Temple City Charter and Municipal Code.
{2) All employees shall comply with all applicable provisions of California law governing
public employees and officials. particularly the California Political Reform Act and its provisions
on gifts and conflicts of interest.
{3) All employees shall not engage in any activity which results in any of the following:
(a) Use of time, facilities, equipment, supplies, or other resources of the City for the
private advantage or gain for oneself or another;
(b) Use of official information that is not available to the general public for private
advantage or gain for oneself or another; and/or
(c) Use of the authority of their position with the City to discourage. restrain. or
interfere with any person who chooses to report potential violations of any law or
regulation.
(4) No employee shall directly or indirectly accept
(a) Private advantage, remuneration, or reward for oneself or another as a result of
the prestige or influence of the City office. employment, or appointment:
(b) Financial consideration from any source other than the City of Temple City for the
performance of his/her official duties, except for stipends received as representatives on
boards, commissions or committees at a local. regional. or state level; or
Page 29
(c) Employment from private interests, when such employment is incompatible with
the proper discharge of their official duties or may result in a conflict of interest.
(5) No employee shall give special treatment or consideration to any individual or group
beyond that available to any other individual or group.
(6) No employee shall discriminate against or harass a citizen or co-worker on the basis of
race. religious creed. color. national origin. ancestry, sex, age. physical or mental disability,
medical condition. sexual orientation. marital status. gender identity. gender expression, genetic
characteristics or information. and/or any other category protected by federal and/or state law.
(7) All employees shall conduct themselves in a courteous and respectful manner at all times
during the performance of their duties.
D. Enforcement. Any employee found to be in violation of this Code of Ethics shall be subjected to
appropriate disciplinary action. up to and including termination.
Section 2. Outside Employment. Enterprise. or Activity. In accordance with California Government
Code Title L Division 4, Chapter 1, Article 4.7. no employee may engage in any outside employment,
enterprise. or activity that is inconsistent. incompatible, in conflict with, or adverse to his/her employment
or his/her ability to perform his/her duties and responsibilities, including performance of overtime work
and emergency duties. or any other aspect of City operations. Employees are required to notify their
Department Head in writing of all outside employment in which they are engaged or in which they intend
to engage, so that the City may assess whether such outside employment conflicts with the employee's
City employment.
A. An employee's outside employment. enterprise. or activity will be prohibited when any of the
following are present:
( 1) It involves the receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an act which the employee
would be required or expected to render in the regular course or hours of his/her City employment
or as part of his/her duties as a City employee;
(2) It involves the use for private gain or advantage of his/her City time. facilities, equipment
and/or supplies; or the badge, uniform, prestige. or influence of his/her City employment
(3) It involves the performance of an act, in other than his/her capacity as a City employee.
which may later be subject directly or indirectly to the control. inspection. review, audit, or
enforcement of any other officer or employee of the City: or
(4) It involves time or scheduling demands as would render performance of his/her duties as
a City employee less efficient.
B Department Head Determination. When outside employment is reported to a Department Head.
the Department Head shall determine whether the employee's outside employment conflicts with
the performance of his/her duties, and shall advise the employee of his/her determination in
writing.
C. Appeal of Department Head's Decision. An employee may appeal the Department Head's
decision to the Personnel Officer within 14 days from the employee's receipt of the Department
Head's determination by filing a written appeal with the Personnel Officer. The employee shall
specify the grounds on which he/she challenges the Department Head's decision, and shall
attach all relevant documentary evidence to the appeal. The Personnel Officer shall schedule a
meeting with the employee and the Department Head to discuss the Department Head's decision.
Page 30
The Personnel Officer shall issue a written decision to the employee and the Department Head
within 14 days from the date of the meeting. The decision of the Personnel Officer shall be final.
Section 3. Contracts and Conflicts of Interest. In accordance with California Government Code Title
1, Division 4. Chapter 1. Article 4, no City employee can be financially interested in any contract made by
him/her in his/her official capacity, or by any body or board of which he/she is a member.
Section 4. Conduct During the Workday. During the workday. employees are expected to devote
their full time in the performance of their assigned duties. Any approved outside work. part-time job,
hobbies. or personal business must be performed during off duty hours. Off duty hours include unpaid
lunch break periods, but do not include other rest or break periods during which the employee continues
to receive pay.
Section 5. Political Activity. Consistent with the provisions of California Government Code Title 1.
Division 4, Chapter 9.5, employees may not engage in political activity during working hours. while on City
property on which members of the public would not be entitled to engage in political activities, or while in
uniform
Section 6. Solicitation of Political Contributions. No City employee may knowingly, directly or
indirectly. solicit a political contribution from a City employee, City officer, or person on an employment
list However, this does not prohibit City employees from requesting political contributions if the
solicitation is part of a solicitation made to a significant segment of the public, which may include City
employees. This also does not prohibit a City employee from soliciting or receiving political funds or
contributions to promote the passage of or defeat of a ballot measure which would affect the rate of pay.
hours of work. retirement civil service. or other working conditions of City employees, provided that such
sol'lcitaf1on cannot occur dur"1ng working hours or while on C"1ty property.
A. For purposes of this Section. "contribution" means a payment, a forgiveness of a loan. a payment
of a loan by a third party, or an enforceable promise to make a payment except to the extent that
full and adequate consideration is received. unless it is clear from the surrounding circumstances
that it is not made for political purposes.
ARTICLE 17. DISCIPLINE
Section 1. GeneraL This Article shall apply only to regular employees within the City's classified
service. It does not apply to any at-will employee of the City. The types of disciplinary action included
under this Article are Written Reprimand. Suspension Without Pay, Involuntary Demotion, Reduction in
Pay. and Termination. The City is not required to take disciplinary actions in sequential or progressive
order. The level of the disciplinary action taken shall be commensurate with the offense. provided that
the prior employment and disciplinary history of the employee may also be considered pertinent
Section 2. Authority to Discipline. As explained in Section 4, the City Manager and the Department
Heads shall have the authority to reprimand, demote, reduce the pay of, suspend, or terminate regular
employees for reasonable cause. Supervisors shall also have the authority to reprimand employees_
Exempt employees will not be subject to any disciplinary action that would eliminate their exempt status
under the Fair Labor Standards Act
Section 3. Standards for Discipline. Disciplinary action may be taken for reasonable cause.
Reasonable cause for discipline may include but shall not be limited to the following:
A. Violation of the City charter, City Personnel Rules. ordinances, regulations. rules. and/or
administrative policies and procedures:
B. Conviction of a felony. or conviction of a misdemeanor relating to the employee's fitness to
perform assigned duties;
Page 31
C. Insubordination:
D. Dishonesty;
E. Failure to maintain job performance standards or to properly or satisfactorily perform assigned
duties;
F. Failure to maintain any employment qualification:
G. Falsification of records, including information provided on an application for employment and time
records:
H. Carelessness, incompetence, inefficiency. or negligence:
Failure to comply with safety standards:
J. Unauthorized absence from employment or excessive absenteeism:
K. Tardiness:
L. Abuse of sick leave:
M. Discourteous or disrespectful treatment of other employees. City residents and other members of
the community, customers, suppliers, or visitors, or treatment that does not foster cooperation;
N. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and
lack of harmony: interfering with another employee on the job; or willfully restricting work output or
encouraging others to do the same:
0. Harassment, discrimination, or retaliation. as prohibited by law or by City rule or policy:
P. Reporting for work, being subject to work. or being at work, under the influence of or in
possession of alcohol. legal or illegal drugs as described in the City·s Drug-Free Workplace
Policies;
Q. Unauthorized possession of firearms, weapons or explosives on City property, in a City vehicle,
while in City uniform. or while on duty; or displaying or brandishing any firearm or weapon,
whether in jest or otherwise, in any manner which can be construed as a careless. threatening or
dangerous manner. except in the performance of official duties
R. Assault. battery, horseplay, or fighting while on duty or under the guise of office;
S. Gambling on City property or during working hours:
T. Sleeping on the job or leaving the job without authorization:
U. Improper use of City funds:
V. Acceptance or solicitation of bribes or extortion;
W. Receiving or accepting, directly or indirectly, any money, gift. reward, service, gratuity favor,
hospitality, loan or other consideration for any service or official action rendered by the employee
in violation of federal. state, or local law, or in violation of City policy;
Page 32
X. Use of influence of position with the City for private gain or advantage, or the use of time,
facilities, equipment or supplies for private gain or advantage:
Y. Unauthorized use of City property, including unauthorized use of City property for personal
reasons or using City property for profit:
Z Theft of or harm to City property or the personal property of another:
AA. Failure to properly care for City property:
BB. Disclosure of confidential or proprietary City information to unauthorized persons, employees, or
organizations: and/or
CC. Other failure of good behavior e1ther during or outside of employment such that the employee's
conduct causes or should reasonably be expected to cause discredit to the City.
Section 4. Types of Discipline.
A. Written Reprimand A written reprimand is a formal notice to an employee that further disciplinary
action will be taken unless the employee's behavior or performance improves. Written
reprimands may be issued by a supervisor. Department Head, or the City Manager_
The content of the written reprimand will define what occurred, the date and time of the event that
is the cause of the reprimand, the nature of the violation. what the employee is directed to do to
correct the situation. and the employee's rebuttal process. The written reprimand will be signed
by the employee's supervisor or Department Head, countersigned by the employee. and filed wlth
the Personnel Officer. If the employee refuses to sign, it will be noted as such on the
memorandum. When the written reprimand is issued. the employee will receive one copy with
both signatures affixed and a copy wilt be placed in the employee's permanent personnel file.
The employee will be granted five working days after the date of the written reprimand to file a
written response to the written reprimand. The employee's written response should be filed with
the Personnel Officer and will also be placed in the employee's permanent personnel file with the
written reprimand. No other form of appeal or grievance of a written reprimand may be had by
the employee.
B. Suspension Without Pay. A Department Head may suspend an employee from his/her position
without pay for disciplinary reasons. Employees suspended from employment without pay will
forfeit all rights, privileges, and benefits earned during the suspension period with the exception of
insurance benefits. Any suspension shall be taken in accordance with the provisions set forth in
Sections 6 and 7 of this Article 17. A non~exempt employee is not eligible to work overtime
during any workweek in which a suspension is imposed. Exceptions to this may be granted in an
emergency situation by the Department Head. with the concurrence of the City Manager.
C. Involuntary Demotion. A Department Head may demote an employee from his/her position for
disciplinary reasons. Any demotion for disciplinary reasons shall be taken in accordance with the
provisions set forth in Sections 6 and 7 of this Article 17.
D. Reduction in Pay. A Department Head may reduce an employee in pay for disciplinary reasons.
Any reduction in pay shall be taken in accordance with the provisions set forth in Sections 6 and 7
of this Article.
E. Termination. A Department Head may terminate an employee from his/her position for
disciplinary reasons. Any termination shall be taken in accordance with the provisions set forth in
Sections 6 and 7 of this Article 17. The Department Head will notify the Personnel Officer before
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making a recommendation of termination. Employees terminated in accordance with these
Personnel Rules will forfeit all employee benefits except benefits to which the employee is
statutorily entitled or otherwise entitled under these Personnel Rules.
Section 5. Relief of Duty_ The Department Head may. verbally or in writing. cause the temporary
assignment of an employee to status of personnel action leave with pay pending conduct or completion of
such investigations or opportunity to respond as may be required to determine if disciplinary action is to
be taken In the event of a verbal notice, the Personnel Officer or Department Head will confirm the
action by giving the employee written notice_ If and when the employee is to be returned to duty. the City
will provide the employee with written notice of when he/she should return to duty. a copy of which will be
retained in the employee·s permanent personnel file.
Section 6. The Disciplinary Process.
A. Notice of Intent Suspensions. demotions, reductions in pay. and terminations will be initiated by
the Department Head with a written Notice of Intent delivered to the affected employee personally
or sent to the employee by either overnight mail and/or certified or registered maiL return receipt
requested, at the employee's last known address. The Notice of Intent will be delivered to the
affected employee ten working days prior to the proposed effective date of the disciplinary action.
unless for emergency reasons it is necessary to implement the disciplinary action immediately to
protect the life health and safety of other employees or the public. Should such emergency action
be taken, the employee will be given notice of the disciplinary action as soon as possible after the
imposition of the action
A copy of the Notice of Intent will be filed with the Personnel Officer. The Department Head may
consult with the City Attorney prior to giving notice to the employee of the proposed disciplinary
action. All regular employees will have the right to the pre-disciplinary due process procedures
set forth in Sections 6.8 and 6.C.
The Notice of Intent will include the following:
(1) A statement which clearly defines the intent to take action, the proposed action to be
taken. and the proposed effective beginning and ending time of intended action.
(2) A statement of the specific grounds and particular facts upon which the proposed
disciplinary action will be taken.
(3) A copy of all written materials, reports, or documents upon which the intended action is
based.
(4) A statement that the employee will be afforded the right to respond to the Notice of Intent,
either verbally in writing, or both within five working days upon receipt of the intended disciplinary
action, to the Personnel Officer.
(5) The employee<s signature on the Notice of Intent will acknowledge receipt of said notice
by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent.
The signature documentation on the Notice of Intent will acknowledge that the employee received
the Notice of Intent
B. Employee Response to Notice of Intent. Within five working days after the employee has been
served with the Notice of Intent, the employee will have the right to respond< verbally or in writing,
at the employee's option. to the Department Head concerning the proposed disciplinary action. If,
within the five working days response period, the employee does not provide a written or verbal
response, the proposed action of the City will be considered conclusive and will take effect as set
forth in the Notice of Intent.
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Should the Department Head determine that the employee·s response warrants further
investigation, the Personnel Officer may delay the implementation or modification of the proposed
disciplinary action until such time as the further investigation is completed. In the event the
investigation produces facts that warrant more severe disciplinary action than originally proposed,
the Personnel Officer will re-implement the notification procedures in Section B.A. of this Article
17.
C. Final Decision and Notice of Imposition. The Department Head has the authority. after
considering the employee's response and additional investigation, if any. to modify, revoke, or
impose the proposed disciplinary action.
(1) If the Department Head decides to modify the proposed action. the Department Head will
notify the employee by either issuing a revised Notice of Intent (for more severe disciplinary
action than originally proposed) or a Notice of Imposition (for less severe disciplinary action than
originally proposed) The Notice of Imposition will also include the effective date of any
disciplinary action issued. The decision of the Department Head is final and shall be imposed.
(2) If the Department Head decides to revoke the disciplinary action, the Department Head
will advise the employee in writing. and the original intent to impose disciplinary action will be
discarded and no record made in the employee's personnel file. The decision of the Department
Head is final and shall be imposed.
(3) If the Department Head decides to implement the discipline as originally proposed in the
Notice of Intent, the Department Head will notify the employee in writing by providing him/her with
a Notice of Imposition. The Notice of Imposition will also include the effective date of any
disciplinary action issued. The decision of the Department Head is final and shall be imposed.
The Notice of Imposition or other final decision of the Department Head will be delivered to the
affected employee personally or sent to the employee by either overnight mail and/or certified or
registered mail, return receipt requested. at the employee's last known address.
D. Right of Appeal: The employee shall have the opportunity within ten working days from receipt of
the Notice of Imposition to submit a written request to the City Manager for an appeal hearing_
Section 7_ Appeal of Disciplinary Action.
A. Disciplinary Actions Subject to Appeal. An employee may appeal a final decision of discipline if
the discipline imposed was a termination, demotion, suspension without pay for five or more
days. or a reduction in pay that is equal to the financial loss caused by a suspension without pay
for five or more days.
B. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a disciplinary
appeal hearing within the prescribed time and manner, the employee shall have waived the right
to a hearing and all rights to further appeal of the disciplinary action.
C. Scheduling of Disciplinary Appeal Hearing. The City Manager shall schedule any disciplinary
appeal hearing within a reasonable time after the filing of the employee's request. considering the
availability of all parties and witnesses,
D. Hearing Officer. The City Manager shall be the Hearing Officer for disciplinary appeal hearings or
the City Manager may designate a third party as the Hearing Officer for any disciplinary hearing.
The City Manager may have the assistance of legal counsel when he/she is the Hearing Officer.
When the City Manager designates a third party as the Hearing Officer. the Hearing Officer's
decision shall be advisory to the City Manager. who shall review it and make the final
determination.
Page 35
When a third party is to be designated as the Hearing Officer. the City shall present the employee
with a list of seven potential hearing officers. The City and the employee shall then mutually
select the Hearing Officer by striking names from the list in alternating turns, with the City striking
first. If there is any cost associated with a third party Hearing Officer. the cost will be borne
entirely by the City.
E. Representation at DISCiplinarv Aooeal Heannq At the disciplinary appeal hearing. the employee
must appear personally and may be represented by counsel or other representative. The
employee may not be represented by a person who will be called as a witness.
F. Employee Appearance at Disciplinary Appeal Hearing. An employee who requests a disciplinary
appeal hearing must be present during his/her disciplinary appeal hearing. Failure of the
employee to be present shall constitute a waiver of the employee's right to an appeal. Waiver will
not occur if the employee can demonstrate good cause for his/her failure to be present within
three working days from the date the employee fails to appear.
G. Production of Witnesses and Documents. The Hearing Officer shall have the authority to compel
the attendance of witnesses, and to require the production of documents. The Hearing Officer
shall also have the authority to require the identification of witnesses. documents, and other
evidence in advance of the disciplinary appeal hearing.
H. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall be
conducted as follows:
( 1) The City and the employee shall have the following rights:
(a) To call and examine witnesses:
(b) To introduce exhibits:
(c) To cross-examine opposing witnesses on any matter relevant to the issue. even
if the matter is not covered in the direct examination:
(d) To impeach any witness regardless of which party first called him/her to testify;
(e) To rebut the evidence against them: and
(f) To present oral and written arguments.
(2) The City shall have the burden of proof, and the burden shall be by the preponderance of
the evidence.
(3) The hearing need not be conducted in accordance with the technical rules relating to
evidence and witnesses. but shall be conducted in a manner most conducive to the determination
of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs. regardless of the
existence of any common law or statutory rules which might make improper admission of such
evidence over objection in a court of law. Decisions made by the Hearing Officer shall not be
invalidated by any informality in the proceedings_
(4) The Hearing Officer shall not take testimony from one party outside the presence of the
other.
Page 36
(5) Hearsay evidence may be used for the purpose of explaining any direct evidence. but
shall not be sufficient to support a finding, unless it would be admissible over objections in civil
actions.
(6) The rules of privilege shall be effective to the same extent that they are now or hereafter
may be recognized in civil actions.
(7) The Hearing Officer shall determine the relevancy, weight, and credibility of testimony
and evidence.
(8) Irrelevant evidence and unduly repetitious evidence shall be excluded.
(9) The Hearing Officer shall have the power to exclude any witnesses and other persons not
necessary to the proceedings.
(10) The Hearing Officer shall not engage in ex parte communications with the parties.
I. Hearing Officer's Decision.
( 1) City Manager as Hearing Officer. The Hearing Officer shall base his/her findings on the
preponderance of the evidence. Within 30 working days after the disciplinary hearing. the
Hearing Officer shall issue a written decision containing findings of fact and conclusions of law.
The Hearing Officer shall have the authority to affirm. revoke. or reduce the disciplinary action
imposed against the employee. The Hearing Officer may not provide for discipline more stringent
than that imposed by the Department Head. The Hearing Officer's decision constitutes a final
resolution of any disciplinary action and no further appeal shall be permitted within the City's
administrative process. A copy of the Hearing Officer"s decision shall be provided to the charged
employee, and may be placed in the employee's personnel file.
{2) Third Party as Hearing Officer. The Hearing Officer shall base his/her findings on the
preponderance of the evidence. Within 30 working days after the disciplinary hearing, the
Hearing Officer shall issue an advisory, written decision containing findings of fact and
conclusions of law. The Hearing Officer shall recommend that the City affirm, revoke, or reduce
the disciplinary action imposed against the employee. The Hearing Officer may not recommend
discipline more stringent than that imposed by the Department Head. In preparing his/her
recommendation. the Hearing Officer shall not have binding authority to add. modify, or subtract
from the Personnel Rules, or any resolutions, ordinances, or policies adopted by the City.
Further. the Hearing Officer shall not have the authority or power to render a binding decision that
requires the City to expend additional funds. to hire additional personnel, to buy additional
equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel
Rules. the City charter, or any resolutions, ordinances, or policies adopted by the City. The
Hearing Officer shall not have the authority to require the City to perform any other action that
would violate state or federal laws.
(a) The Hearing Officer's decision shall be advisory to the City Manager. The City
Manager shall then have 30 working days after receiving the Hearing Officer's decision to
issue a final written decision that shall affirm, revoke, or revise the Hearing Office(s
recommendation. The City Manager's decision constitutes a final resolution of any
diSCiplinary action and no further appeal shall be permitted within the City's administrative
process. A copy of the City Manager's decision shall be provided to the charged
employee, and may be placed in the employee's personnel file.
(3) Extension of Time. The time limits specified for the decision of the Hearing Officer and
any review by the City Manager of a third party Hearing Officer's decision may be altered by
mutual, written agreement.
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ARTICLE 18. GRIEVANCE PROCEDURE
Section 1. Purpose of Grievance Procedure. The grievance procedure shall be used to resolve
employee complaints regarding an alleged violation or interpretation of the City·s Personnel Ordinance.
written personnel policies, or these Personnel Rules. Specifically excluded from the grievance
procedures are the following:
A. Performance evaluations or performance improvement plans:
B. Deferred or denied merit salary increases;
C. Verbal or written counseling:
D. Any disciplinary action or the process of imposing discipline:
E. Policy decisions of the City Council:
F. Transfer to another position without a loss of pay: and
G Matters for which there is a separate appeal, including, but not limited to. disciplinary action.
Section 2. Definitions. The following definitions will be applicable for purposes of this Article only:
A. Grievance. An expressed claim by a regular employee that the City has violated, misinterpreted,
or misapplied an obligation to the employee as such obligation is expressed and written in the
City's Personnel Ordinance. written personnel policies, or these Personnel Rules.
B. Grievance Procedure. The process by which the validity of a grievance is determined.
C. Representative. A person who at the request of the employee or management is invited to
participate in a grievance conference
Section 3. General Provisions.
A Representation. An employee may have a representative present during grievance meetings.
B. Retaliation. The City shall not retaliate against any employee for the good faith use of the
grievance procedure.
C. Time Periods.
(1) Failure at any step of this grievance procedure to fully comply with the requirements of
this Article shall be deemed a warver of the employee's rights to proceed under this Article.
(2) Failure by the City at any step of this grievance procedure to communicate the decision
on the grievance within the specified frme limits shall permit the aggrieved employee to proceed
to the next step.
(3) Failure of the aggrieved employee, at any step of this grievance procedure, to submit the
decision on a grievance to the next step within the specified time limit shall be deemed
acceptance of the decision rendered.
(4) The time limits specified at any step in this grievance procedure may be extended by
mutual. written agreement.
Page 38
D. Time Off. Reasonable time off without loss of pay shall be given to an employee who has a
grievance and to his/her representative in order to participate in the grievance hearings.
However. employees shall not be entitled to time off to prepare for his/her grievance hearings.
E. Conferences. Grievance conferences between management and the employee will normally be
conducted during the employee's regularly scheduled working hours at a mutually convenient
time.
F. Referral to Alternate Manager. If a grievance regards conduct by the supervisor or manager who
would be responsible for hearing the grievance at any step in the procedure set forth in Section 4.
below. the aggrieved employee may instead submit the grievance to the Administrative Services
Director. or if the grievance regards conduct by the Administrative Services Director. to the City
Manager.
Section 4. Grievance Procedure.
A. Step One. The employee will inform his/her immediate supervisor of the grievance within ten
working days after the employee knows, or in the exercise of reasonable diligence should have
known of the events giving rise to the complaint or grievance. Failure to timely initiate this
procedure will bar further consideration of the grievance and will be deemed a waiver of the
grievance procedure. The employee and the supervisor will discuss the grievance. The
supervisor will, within ten working days of the discussion, issue a written decision to the
employee.
B. Step Two. Within ten working days from receipt of the verbal decision from the supervisor. the
employee. if he/she wishes to appeal the dedsion. will submit h'1s/her formal gr'1evance to the
Department Head. The grievance shall be presented in writing and must include the following: a
statement of the event{s) causing the grievance; the provision of the Personnel Ordinance,
personnel policy. or Personnel Rule alleged to have been violated; the relief sought by the
employee; and any potential witnesses. Failure to fully provide all required information may result
in a delay in processing the grievance. Failure to timely initiate this procedure will bar further
consideratlon of the grievance and will be deemed a waiver of the grievance procedure. The
Department Head or his/her designated representative will, within ten working days of the
notification as required above. have a discussion with the employee concerning the grievance.
The Department Head or his/her designated representative will, within ten working days of the
discussion, issue a written decision to the employee.
C. Step Three. Within ten working days from receipt of the written decision from the Department
Head. the employee. if he/she wishes to appeal the decision, will submit his/her formal grievance
to the City Manager. The grievance shall be presented in writing and must include the following:
a statement of the event{s) causing the grievance: the provision of the Personnel Ordinance,
personnel policy. or Personnel Rule alleged to have been violated; the relief sought by the
employee; and any potential witnesses. Failure to fully provide all required information may result
in a delay ln processing the grievance. Failure to timely initiate this procedure will bar further
consideration of the grievance and will be deemed a waiver of the grievance procedure. The City
Manager or his/her designated representative will, within 20 working days of the written notice.
render a written decision to the employee. Nothing in this Section will prohibit more expeditious
handling of the grievance. The decision of the City Manager will be final and binding, and no
further appeal may be had under the City's administrative processes.
ARTICLE 19. POLICY AGAINST HARASSMENT, DISCRIMINATION, AND RETALIATION
City policy prohibits unlawful harassment and discrimination based on an employee's race, religious
creed, color. national origin. ancestry, sex, age. physical or mental disability, medical condition, sexual
orientation. marital status, gender identity. gender expression, genetic characteristics or information,
and/or any other category protected by federal and/or state law. In addition, City policy prohibits
Page 39
retallation because of the employee·s opposition to a practice the employee reasonably believes to
constitute employment discrimination or harassment or because of the employee·s participation in an
employment investigation, proceeding, or hearing. Employees who believe they have been harassed.
discriminated against. or retaliated against. should report that conduct to the City, and the City will
investigate those complaints. For more information regarding the policy and complaint procedures,
employees should review the City"s policy against harassment. discrimination. and retaliation for
additional information.
ARTICLE 20. LAYOFF PROCEDURES
Section 1. General. Whenever, in the judgment of the City Council, it becomes necessary in the
interest of economy or reorganization, to abolish any position or employment the employee holding such
position or employment may be laid off or demoted without disciplinary action and without the right of
appeal through either disciplinary appeal or grievance procedures. The City Manager will determine the
class and number of positions to be affected, the layoff date, and will notify the Department Head in
writing of such reduction.
Section 2. Written Notice of Layoff. Any employee to be laid off will be given written notice of layoff
not less than 14 days prior to the effective date of such layoff.
Section 3. Order of Lavoff In each class of positions. employees will be laid off according to
employment status in the following order: temporary, part-time, probationary, regular. Temporary, part-
time, and probationary employees will be laid off according to the needs of the service as determined by
the City Manager. In cases where there are two or more regular employees in the class from which the
layoff is to be made, such employees will be laid off on the basis of the most recent performance
evaluaf1on. wHh the employee with the least satisfactory performance being la.ld off first. In cases where
their most recent performance evaluations are equal, the employee with less seniority will be laid off first.
For purposes of layoff. "senioray·· is defined as total time employed by the City from the employee·s date
of hire to present.
Section 4. Vacancy and Demotion. Except as otherwise provided, whenever there is a reduction in
the work force. the Appointing Authority may, but is not required to, first demote an employee identified
for lay-off to a vacancy, if any, within the department in a lower class for which the employee is qualified.
Secondly, employees may request to demote to a vacant position within the organization. An employee
requesting a demotion must file a written request with the Department Head within five working days of
receiving written notice of layoff. The employee may only be demoted when the affected Department
Head(s) and the City Manager approve the demotion. An employee who is offered a demotion has the
right to refuse the demotion without losing his/her right to be placed on a reemployment list.
Section 5. Specially Funded Positions When a position is created and is funded by a grant of funds
from the County, State or the Federal Government, the position shall be automatically abolished when the
funding is terminated. The incumbent of the position shall be terminated on the date upon which the
position is abolished and the layoff procedures prescribed in these Personnel Rules are not applicable.
Section 6. Reemployment.
A. Reemployment List. The names of all regular and probationary employees who were laid off,
reduced in class, displaced or who have received layoff notice and voluntarily resigned will be
placed on a reemployment list for their original class_ Whenever a vacancy occurs in the class for
which a reemployment list exists, the qualifying employees on the lists will be notified of the
vacancy prior to announcing an open or promotional recruitment and the qualifying employees
will be offered the opportunity to apply for the position.
B. Duration of Reemployment List. The reemployment list will be effective for a period of one year
from the date of change in employee's status due to City layoff. except that persons appointed to
Page 40
permanent positions of the same level as that which laid off_ will. upon such appointment, be
dropped from the list. It will be the duty of the employee to provide an address and any
foTWarding information for contact. The City will send a certified and/or overnight letter advising
the person of the opportunity for reemployment. Persons who refuse reemployment or fail to
respond twice to a request will be dropped from the list. Persons re-employed in a lower class, or
on a temporary basis, will be continued on the list for the higher position for the remainder of that
initial one year.
C. Anniversary Date and Date of Hire. Upon reemployment. an employee·s anniversary dale and
date of hire shall remain the same as if the employee had remained employed the entire period of
layoff.
ARTICLE 21. SEPARATION FROM THE SERVICE
Section 1. Abandonment of Position. An employee may be separated from employment if the
employee is on an unauthorized leave of absence as set forth in Article 22, Section 3.
Section 2. Disciplinary Termination. An employee may be separated from employment for
disciplinary reasons as provided for in Article 17.
Section 3.
layoff.
Layoff. As provided in Article 20. an employee may be separated from employment by
Section 4. Resignation. An employee wishing to leave employment in good standing will file with
the City Manager a written resignation stating the effective date and reasons for leaving. at least two
weeks before leaving the serv"1ce, unless approval for a shorter not"lce is obtained. Resignation wm be
deemed accepted upon submission. A resignation made without the notice required may be regarded as
cause for denying the resigning employee future employment with the City, and is a resignation not in
good standing.
Section 5. Retirement Retirement from employment will be subject to the terms and conditions of
the City's retirement plan and the statutes. rules, and regulations of CaiPERS. Whenever employees
meet the conditions set forth in the City's retirement plan regulations they may elect to retire and receive
benefits earned under the retirement plan.
Section 6. Disability. An employee may be separated for disability when the employee cannot
perform the essential functions of the job. with or without a legally required reasonable accommodation,
and is either not eligible to retire for disability or waives that right voluntarily. A regular employee who is
terminated under this Section shall be afforded the procedures set forth in Article 17_
Section 7. Death of the Employee. In the event of a death of an employee, payment of all earned
wages due will be in accordance with the laws of the State of California. Unless otheTWise provided by
law, payment of any other funds due the deceased employee will be paid to the beneficiary so designated
in writing by the employee.
ARTICLE 22. LEAVES OF ABSENCE
Section 1. Attendance. Employees will be in attendance on time at their work station or location in
accordance with the rules regarding hours of work, holidays, and leaves. Employees will make every
effort to schedule personal appointments outside their working hours. Employee attendance and
adherence to the rules governing attendance. leaves of absence and tardiness will be reviewed and
evaluated during the employee's annual performance evaluation. All departments will keep daily
attendance records of employees, which will be reported to the City Administrative Services Department
in the form and on the dates specified. Employees will be required to complete appropriate attendance
records. The appropriate forms will be signed by the employee and immediate supervisor and then
Page 41
forwarded to the payroll department immediately but no later than the day following the end of the pay
period.
Section 2. Effect of Leave of Absence on Employee Benefits.
A. Fully Paid Leave of Absence. Unless otherwise required by law. an employee on a leave of
absence who continues to receive full compensation through the use of his/her accrued leave
banks will continue to receive full employment benefits. Such employment benefits. may include.
but are not limited to. the accrual of paid leaves, and health insurance contributions, which remain
at the rate the employee would receive if he/she was working his/her normal work schedule.
B. Partially Paid Leave of Absence. Unless otherwise required by law. an employee on a paid leave
of absence who is receiving less than full compensation from the City through the use of his/her
accrued paid leaves will continue to receive full employment benefits. Such employment benefits.
may include. but are not limited to. the accrual of paid leaves, and health insurance contributions.
which remain at the rate the employee would receive if he/she was working his/her normal work
schedule.
C. Unpaid Leave of Absence. Unless otherwise required by law. an employee on an unpaid leave of
absence shall not accrue any employment benefits. including, but not limited to. the accrual of
paid leaves. and health insurance contributions. In addition. the employee·s performance
evaluation will be extended as stated in Article 13.
Section 3. Unauthorized Absence.
A. When an employee has been absent without authorization from work for more than three
workdays. and in the opinion of the Department Head the employee has abandoned his/her
position, the Department Head shall notify the Personnel Officer or a designee. The Personnel
Offker, or a designee, shall notify the employee that the City has determined he/she has
abandoned his/her position and that the employee has seven working days upon receipt of the
notice to contact the City regarding his/her intent to return to work. The notice shall also advise
the employee that failure to contact the City within the seven-day period shall be deemed an
automatic resignation effective on the eighth day. Such notice shall be in writing and sent by
certified mail or personal service to the last address listed in the employee's personnel records.
B. Abandonment of position may include. but is not limited to·
(1) Where an employee fails to return to his/her employment upon conclusion of any
authorized leave of absence;
(2) Where an employee fails to properly notify by telephone or in writing his/her immediate
Supervisor of absence due to sickness or injury, except as provided in Section 7 of this Article 22
regarding family care or medical leave;
(3) Where an employee fails to appear for work without notification or express agreement
between the Supervisor and the employee as to the use of any leave time set forth under the
City's personnel policies;
(4) Where an employee fails to keep his/her immediate Supervisor reasonably apprised of
disability status.
Section 4. Where an
abandonment of position<
employment with the City.
City service
employee fails to respond within seven working days to the notice of
the employee may be considered to have abandoned his/her position of
Abandonment of position shall constitute an automatic resignation from the
Page 42
(2) An employee shall notify his/her immediate supervisor before the employee leaves the
work site due to illness prior to completion of the work shift
(3) When an employee has advance notice of the need for Sick Leave. such as when
scheduling non-emergency medical and dental appointments, the employee is required to notify
his/her supervisor at least one working day in advance of his/her need for Sick Leave.
Employees are encouraged to schedule medical and dental appointments outside normal working
hours if possible.
E. Illness While on Paid Vacation. Illness while on paid vacation will be charged to Sick Leave
rather than vacation only under the following conditions:
(1) The employee's illness or injury was of a nature that would preclude the effective use of
vacation and would prevent the employee from performing his/her normal duties.
(2) Within two days of returning to work. the employee must provide his/her Supervisor with
satisfactory medical evidence {i.e .. a certificate from a physician who treated the employee) of the
illness or injury. The medical evidence presented must state that the employee·s illness or injury
occurred while the employee was on vacation and that the illness or injury precluded the
employee from using his/her vacation. and that the illness or injury would have prevented the
employee from performing his/her normal duties. However, the employee is not required to
disclose the nature of the illness or injury.
The department shall be under no obligation to extend the vacation beyond the original scheduled
vacation ending date.
F. Minimum Increments of Slck Leave. The minimum charge to an employee's sick leave account
shall be one-half hour, and will be rounded up to the next half hour. For example, an employee
who is gone from work for two hours and ten minutes will be charged two and one-half hours of
sick leave. Employees with a ten hour workday may take up to ten hours of sick leave per day.
G. Medical Certification. An employee may be required to furnish a certificate issued by a licensed
physician or registered nurse or other satisfactory evidence of illness, injury, medical condition or
medical or dental office calls when the employee has been under the care of a physician.
(1) An employee may be required to furnish evidence of attendance at scheduled medical or
dental appointments.
(2) Such evidence is required when an employee is absent for three or more workdays.
(3) Such evidence may also be required if there is reason to believe an employee is or will
be abusing sick leave_ In such a case. an employee shall be given advance written notice stating
the reason for the requirement.
H. Sick Leave Conversion Proaram. Full-time employees, who have accrued at least 104 hours of
sick leave may convert up to ten hours of sick !eave to vacation on an hour-to-hour basis. No
more than ten hours of sick leave may be converted to vacation each fiscal year.
I. Unused Sick Leave. No employee shall be compensated for, or allowed to exhaust any accrued
sick leave upon resignation. retirement, termination. dismissal, lay-off or death.
J. Abuse of Sick Leave, Abuse of sick leave may be grounds for discipline. Abuse will be
determined on a case-by-case basis. Sick leave abuse may include, but is not limited to, failure
to abide by the provisions of this rule, and use of sick !eave for non-illness reasons.
Page 44
Section 7. Family Care and Medical Leaves of Absence. The City provides family care and medical
leaves of absence in accordance with the Family Medical Leave Act ("'FMLA'l the California Family
Rights Act ('"CFRA'"), and the Pregnancy Disability Leave Law ("POL''). The policy regarding these leaves
of absence are set forth in a separate City policy.
Section 8. Bereavement Leave. Upon request to his/her Supervisor, an employee shall be eligible
to receive necessary time off. not to exceed three days in any one instance, to arrange for or attend a
funeral of a member of his/her immediate family. These three days of bereavement leave, in any one
instance. shall be with pay and shall not be chargeable to any other leave balance. Upon request to and
written approval by the City Manager. an employee may in certain circumstances be eligible to receive
additional necessary time off. not to exceed two days in any one instance. These two additional days of
bereavement leave. if approved. shall be with pay and chargeable to the employee's sick leave balance
The City Manager shall not approve this form of additional bereavement leave in an amount that exceeds
the employee's sick leave balance. For purposes of this Section. immediate family shall mean father.
father-in-law. mother. mother-in-law. stepparent. brother, brother-in-law, sister. sister-in-law, spouse.
domestic partner, child, grandparent. grandchild, legal guardian or legal ward.
Section 9. Military Leave. Military Leave shall be provided as set forth in the applicable California
and federal law. An employee entitled to military leave shall give his/her Department Head an opportunity
within the limits of military regulations to determine when such leave shall be taken. Prior to taking
military leave. an employee, when possible, shall present a copy of his/her military orders to his/her
Department Head. The Department Head shall advise the Personnel Officer of such military orders
immediately.
Section 10. Voting Leave. The City encourages eligible employees to register and vote in all federal.
state and local elections. Employees of the City are expected to vote prior to or following their assigned
working hours. In accordance with the Election Code, Sections 14000 and 14001, if a registered voter
employee does not have sufficient time outside regular working hours within which to vote at statewide
elections, he/she may take off such working time as will enable him/her to vote. A maximum of two hours
may be taken with pay. To receive time off for voting, the employee must notify his/her Department Head
in advance. Employees who need Voting Leave, must take such leave at the beginning or end of the
employee·s work shift. based on the needs of the Department and the employee's schedule. The exact
amount of time off work and the scheduling of time off shall be decided between the employee and
his/her Department Head. Employees who use Voting Leave are required to present a vote(s receipt to
their Department Heads.
Section 11. Jury Duty Leave.
A Every regular employee of the City who is called or required to serve as a trial juror upon
notification and appropriate verification submitted to the Department Head, is permitted to be
absent from his/her duties with the City during the period of such service or while necessary to be
present in court as a result of such call.
B. Regular and probationary employees required to serve as a trial juror during their normal
scheduled work hours will receive their base pay for no more than 10 working days. An
employee who is required to serve for longer than 10 days may use any accrued leave, except
sick leave. during that time, or the employee may elect to take an unpaid leave of absence.
Employees are required to deposit with the City any pay, other than mileage, received from
service as a trial juror during the first 10 days of juror service. Such employees are required to
deliver a "jury duty time card" form verifying each of the hours of jury duty service.
C. Employees must immediately upon receipt of jury duty summons, provide his/her supervisor a
copy of such notice. Employees required to serve on a jury must report to work before and after
jury duty provided there is an opportunity for at least one hour of actual work-time.
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Section 12_ Witness Leave. An employee who is called to answer a subpoena as a witness during
the employee's work hours shall be compensated at his/her regular rate of pay for all hours of absence
from work due to answering the subpoena. provided the employee shows proof of such subpoena and
deposits witness fees received for such hours, exclusive of mileage, with the City. Fees for answering a
subpoena as a witness during hours other than regularly scheduled working hours may be retained by lhe
employee.
Section 13 Administrative Leave.
A Certain employees shall receive administrative leave because based on their duties. the City has
determined that these employees are exempt from the provisions of state and federal wage and
hour law including overtime and compensatory time off. Incumbents of the following positions are
eligible for administrative leave:
( 1) Community Preservation Supervisor
(2) Public Service Officer
B. The crediting and use of administrative leave shall be in accordance with the following terms and
conditions:
(1) These employees shall receive a maximum 24 hours of administrative leave per fiscal
year. Credited leave hours may be used at any time during the year with approval of the City
Manager and given due consideration to the needs of the department.
(2) Administrative leave may be accrued up to a maximum of 24 hours. Any unused
administrative leave will be carried over into the next fiscal year. Once the maximum annual limit
is reached, no additional administrative leave will accrue until such time as the leave balance
drops below the maximum.
(3) No employee may have more than his/her respective maximum credit limit accumulated
in his/her administrative leave account at any time.
(4) Management and supervisory employees hired or separated during the fiscal year shall
be credited with a prorated number of administrative leave hours based on the number of months
of the fiscal year for which the individual is employed. One day worked in a particular month shall
be considered as qualifying for that month.
(5) Unused administrative leave shall be cashed out at the employee's then-current rate of
pay upon separation from the City service for any reason. including termination, resignation,
retirement, or death.
Section 14. Fitness for Duty Leave. Employees are expected to report to work fit for duty, which
means able to perform their job duties in a safe, appropriate. and effective manner, free from adverse
effects of physical, mental, emotional, and/or personal problems. This Section is intended to provide a
safe environment and protect the health and welfare of employees and the public. If an employee feels
that he/she is not fit to perform his/her duties, he/she must notify his/her supervisor immediately.
A. Reasons for Fitness for Duty Leave. A paid Fitness for Duty Leave may be ordered in any of the
following situations:
( 1) An employee returns from a medical leave of absence of more than five working days.
(2) An employee is involved in the interactive process with the City under Article 4.
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(3) Supervisor observes or receives a reliable report of an employee's possible lack of
fitness for duty. Observations and reports may be based on. but are not limited to. employee's
own self-report of potential unfitness. dexterity. coordination. alertness. speech. vision acuity.
concentration. disproportionate response to criticism. and inappropriate or uncharacteristic
interactions with the public, co-workers. and supervisors.
(4) Fitness for duty examinations based on a reasonable suspicion that an employee is
under the influence of illegal drugs or alcohol shall be conducted in accordance with the City's
Drug-Free Workplace Policy.
B. Procedures for Ordering a Fitness for Duty Examination. When a Supervisor becomes aware of
or observes behavior that makes him/her reasonably suspect that the employee may not be fit for
duty. the Supervisor. shall refer the employee to the Personnel Officer who will schedule the
employee for a fitness for duty examination. If the circumstances warrant it. the Personnel
Officer. after conferring with the employee·s Department Head, may place the employee on paid
leave pending the results of the employee's fitness for duly examination. The examination shall
be paid for by the City.
C. Procedure Following Receipt of Examination Results. The doctor examining the employee shall
be limited to finding the employee "'fit for duty" or '·fit for duty with restrictions" or "unfit for duty". In
the case of finding an employee fit for duty. the doctor may issue work restrictions. In no case
shall the doctor reveal the underlying cause of the fitness or unfitness for duty without the
employee's permission.
(1) Fit for Duty. If the doctor finds the employee is fit for duty. the employee shall return to
work immediately and perform all duties of his/her position.
(2) Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with
restrictions, the doctor shalt specifically enumerate what restrictions are necessary and for how
long those restrictions are necessary. The City shall then evaluate those restrictions, and
determine if the City can reasonably accommodate those restrictions. If the employee's
restrictions are based on a disability as defined by the ADA and/or FEHA the City shall engage in
the interactive process as set forth in Article 4.
(3) Unfit for Duty. If the employee is found to be unfit for duty, he/she shall not be permitted
to work. He/She may request a leave of absence in accordance with the appropriate applicable
provision(s) of these Personnel Rules. If the employee can provide certification of fitness for duty
prior to the exhaustion of all paid and unpaid leave that he/she is entitled to under these
Personnel Rules, the employee shall be returned to work. However, if such certification is from
the employee·s own health care provider, the City may request a second opinion from a doctor of
its choosing and at its cost to evaluate the employee under the requirements of this Section. If
the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and
the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor
shall be binding. If the employee's restrictions are based on a disability as defined by the ADA
and/or FEHA, the City shall engage in the interactive process as set forth in Article 4.
Section 15. Personnel Action Leave. The City has the right to place an employee on leave at any
time with full pay. An employee may be placed on personnel action leave pending investigation of
misconduct, potential disciplinary action, or other reasons that the City Manager, in his/her discretion.
believes warrant such leave. A personnel action leave shall not have any negative effect on the
employee's benefits. Personnel action leave may also be referred to as '"Relief of Duly." An employee
assigned to personnel action leave shall be required to be available by phone during his/her regular
working hours. In addition, employees on a personnel action leave are prohibited from entering City
facilities or property or communicating with City employees, except to the extent that non-employees may
access City facilities. property, or employees. The City Manager may place other reasonable restrictions
on an employee during the period of personnel action leave.
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Section 16. Leave of Absence Without Pay.
A. Request for a Leave of Absence Without Pay. When an employee has exhausted all of his/her
paid leaves, he/she may request a leave of absence without pay in accordance with this Section.
The employee must submit a written request to the Personnel Officer for a leave of absence
without pay, along with any supporting documentation.
B. Authority to Grant a Leave of Absence Without Pay. The City Manager may grant a regular or
probationary employee leave of absence without pay for a period not to exceed three months.
After three months. the leave of absence may be extended if so authorized by the City Manager.
The approval or rejection of the City Manager will be in writing.
C. Return from Leave of Absence Without Pay. Upon expiration of a regularly approved leave. the
employee will be reinstated in the position held at the time leave was granted, provided such
position continues to exist. An employee on leave who fails to report to duty promptly at its
expiration will be subject to disciplinary action for being on an unauthorized absence.
D. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for
medical reasons, the employee is required to first fully exhaust all of his/her paid leaves in order
to be eligible to receive a leave of absence without pay. If an employee is requesting a leave of
absence for personal reasons. the employee is required to fully exhaust all of his/her paid leaves.
except sick leave, in order to be eligible to receive a leave of absence without pay.
ARTICLE 23. HOLIDAYS
Section 1. Holidays Observed.
A. The City shall observe the following holidays:
HOLIDAY
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans· Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
DAY OBSERVED
January 1 s!
3''J Monday in January
3'd Monday in February
Last Monday in May
July 4tt'
1st Monday in September
November 11 11'
4m Thursday in November
4u' Friday in November
December 25111
B. If one of the holidays listed above falls on a Sunday. then it will be observed on the following
Monday. If one of the holidays listed falls on a Saturday, then it will be observed on the previous
Friday.
Section 2. Designated Floating Holidays. In addition to the above holidays, the City shall also
observe two designated floating holidays. The designated floating holidays will change from year-to-year
and will be determined by the City Manager.
Section 3. Eligibility for Holiday Pay.
A. An employee must be paid for all or a portion of both the regularly scheduled working
assignments immediately before and immediately after that holiday in order to receive holiday
pay.
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B. A new employee whose first working day is the day after a holiday shall not be paid for the
holiday.
C. An employee who is terminating employment for reasons other than paid retirement and whose
last day as a paid employee is the day before a holiday shall not be paid for that holiday.
Section 4. Floating Holiday.
A. Amount of Floating Holiday. Employees who are assigned to a 4/10 work schedule and who are
eligible to receive a floating holiday shall receive ten hours of fioating holiday tlme. Employees
who are assigned to a 9/80 work schedule and who are eligible to receive a floating holiday shall
receive nine hours of floating holiday time. Employees who are assigned to a regular 5-day/40-
hour work schedule shalf receive eight hours of floating holiday time.
B. Compensation for Holidays Observed on Scheduled Days Off. When a holiday is observed on a
full-time employee's regularly scheduled day off. the employee shall receive one floating holiday.
C. Compensation for Work on an Observed Holiday. A non-exempt full-time employee who is
scheduled and required to work on a date that the City has observed as a holiday shall be
compensated at regular salary for all time actually worked on the date the holiday is observed In
addition, the employee shall receive one floating holiday.
D. Compensation for Unused Floating Holidays. Any unused floating holidays shall be cashed out at
the end of the fiscal year.
ARTICLE 24. DRESS CODE
Section i. General Standards. The appearance employees project to the public and others they
come in contact with while at work, directly refiects on the City of Temple City. In the interest of
presenting a professional image to the public, the City requires all employees to observe good habits of
dress. grooming, and personal hygiene. Employees must always maintain a professional image.
A. Business Casual. Employees are required to dress each day in business casual dress. Business
casual wear is a style of dress which projects a professional. business-like image while still
permitting employees to wear more casual and relaxed clothing. Business casual does not
include play wear, leisure wear, or beach wear. Clothing and footwear should be clean and in
good repair. It may not be faded, torn, frayed, or revealing.
(1) Examples of appropriate business casual wear include, but are not limited to. khaki.
"Docker type", gabardine, or wool slacks; polo. collared. or short-sleeved dress shirts: twin sets:
sweaters; casual dresses and skirts; and loafer, flat or dress sandals.
(2) Examples of inappropriate clothing are leggings. sweat pants. overalls, t-shirts,
sweatshirts, halter or tank tops, tops that are backless or have a low-cut neckline. any shirt with
offensive or inappropriate language or artwork. shorts. mini-skirts, dresses with spaghetti straps.
athletic shoes, or flip flops.
(3) Upon the approval of an employee's Department Head. an employee may wear casual
attire on a day other than a designated casual dress day, if the employee has been assigned a
task that would be unsuited to business casual or formal business attire.
B. Formal Business Attire. Employees should always consider each day's activities when
determining what to wear. If an employee is representing the City at a meeting (including City
Council and Planning Commission meetings), formal business attire should be worn. Examples
of formal business attire include suits and dress shoes.
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C. Designated Casual Dress Day. Department Heads may. but are not required to. designate
casual dress days. which permit employees to dress in a more casuaL but still professional, style
of dress. Except as expressly stated herein. all other provisions of this Article still apply. In the
discretion of the Department Head, employees may be permitted to wear blue jeans; however,
blue jeans must be in good condition. and cannot have any rips or tears. Employees are also
permitted to wear athletic shoes as long as they are in good condition. T-shirts are not permitted.
with the exception of official City of Temple City !-shirts that are in good repair.
D. Grooming. As part of the professional image presented to the public by the City, employees
should appear for work in a clean. well-groomed manner.
Section 2. Uniforms. Uniformed employees are expected to wear their uniforms when performing
normal work activities. regardless of the time of day or day of the week. All uniforms are still expected to
be clean and in good repair. Uniforms may be worn during brief stops to and from work and during
breaks.
Section 3. Safety. The City may impose additional restrictions on an employee·s attire or grooming
when there are safety concerns. Any such restrictions shall be issued in writing.
Section 4. Exceptions. The City Manager may grant exceptions to this Article when the application
of the Article would infringe on an employee's protected characteristics as set forth in Article 4.
ARTICLE 25. WORKPLACE SAFETY
Section 1. Commitment to Workplace Safety. The City is committed to providing a safe workplace
for all employees. Every employee should understand the importance of safety in the workplace. By
remaining safety conscious, employees can protect their own interests as well as those of their co-
workers. Accordingly, the City expects all employees to take steps to promote workplace safety.
Section 2. lnlury and Illness Prevention Program. In keeping with its commitment to workplace
safety, the City has adopted an Injury and lllness Prevention Program as part of its safety program.
Compliance with this Program is a condition of employment, and all employees will be evaluated on their
compliance with the Program. Each employee will be given a copy of the Injury and Illness Prevention
Program, and a copy is maintained in the Administrative Services Department
Section 3. Reporting lniuries and Unsafe Conditions. If an employee identifies a potentially unsafe
condition or risk_ the employee should immediately report the matter to his/her supervisor. An employee
who suffers an injury while at work. no matter how minor. should immediately inform his/her supervisor.
Employees injured on the job may be entitled to benefits under the slate workers' compensation law.
Section 4. Drug-Free Workplace. The City is committed to providing a work environment that is
safe, healthy, and free of any effects caused by alcohol or drugs. Violation of the City's drug-free
workplace policy can lead to disciplinary action being taken against an employee, up to and including
termination. For more information regarding the policy, employees should review the City's drug-free
workplace policy.
Section 5. Workplace Violence Prevention.
A. Obiective. The City is strongly committed to ensuring the safety of all City employees.
Consistent with this policy, acts or threats of violence, including intimidation, harassment. and/or
coercion which involve or affect City employees will not be tolerated and will be subject to
appropriate disciplinary action up to and including termination. The following are the objectives of
the City:
(1) To ensure all workplace threats and violent behavior are addressed promptly.
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{2) To ensure the level of physical and facility security in City workplaces is sufficient to
protect the health and safety of City employees.
(3) To ensure that all disciplinary action taken for behavior prohibited under this Section is
reviewed. evaluated, and administered consistently and equitably throughout the City and done
so in a timely manner.
B. Threats or Acts of Violence Defined. A credible threat of violence is a knowing and willful
statement or course of conduct that would place a reasonable person in fear for his/her safety, or
the safety of his/her immediate family. and that serves no legitimate purpose. General examples
of prohibited workplace violence include. but are not limited to the following:
(1) Threatening to harm or harming an individual and/or his/her family. friends. associates,
and/or their property.
(2) Fighting or challenging another individual to a fight
(3) Intimidation through direct or veiled verbal threats. or through physical threats, such as
obscene gestures, grabbing, and pushing.
(4) Making harassing or threatening telephone calls: sending harassing or threatening
letters, emails, or other correspondence.
(5) Intimidating or attempting to coerce an employee to do wrongful acts that would affect the
business interests of the City.
(6) Harassing surveillance or stalking. which is engaging in a pattern of conduct with the
intent to follow, alarm, or harass another individual, which presents a credible threat to the
individual and causes the individual to fear for his/her safety, or the safety of his/her immediate
family, as defined in California Civil Code section 1708.7.
(7) Making a suggestion or otherwise intimating that an act to injure persons or property is
appropriate behavior.
{8) Possession of firearms (loaded or unloaded), weapons. or any other dangerous devices
on City property. This includes look-alike weapons, such as toy guns. Weapons and dangerous
devlces may include. but are not limited to the following, when their possession or use is not
expressly authorized by a City supervisor or manager: blackjacks, slingshots, metal knuckles,
explosive substances, dirks, daggers, gas-or spring-operated guns. knives, folding knives having
a blade that locks into place, razor blades. and clubs.
{9) Use of a personal or City-issued tool or other equipment in a threatening manner toward
another.
C. Reporting Workplace Violence. Any employee who is the victim of a threat or act of violence, or
any employee who witnesses such conduct, should immediately report the incident to his/her
Supervisor or other appropriate person in the chain of command. Should the employee perceive
that he/she is in immediate danger of a violent act, or has just been victimized by a violent act, or
is a witness of a violent act. he/she shall as soon as possible:
(1) Place themselves in a safe location.
(2) If appropriate. call 911 and request immediate response of a police officer and be
prepared to inform the police dispatcher of the circumstances and the exact location of where an
officer is needed.
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(3) Inform a Supervisor, Department Head. or the Personnel Officer of the circumstances.
(4) Complete a written report as soon as possible and submit the original copy to the
Personnel Officer.
(5) Cooperate fully in any administrative or criminal investigation. which shall be conducted
within existing policy and laws.
D. Reporting Future Workplace Violence. Employees who have reason to believe they or any City
employee may be the subject of a violent act in the workplace or as a result of their City
employment should immediately notify their Supervisor. Department Head, or the Personnel
Officer.
E. Violation of Article. The City prohibition against threats and acts of violence applies to all persons
involving City operation. including but not limited to City personnel, contract and temporary
workers, vendors. and anyone else on City property. Violations of this Article by any individual
may be followed by legal action as appropriate, which may include, seeking a temporary
retraining order and/or injunction on behalf of City employees if the situation warrants such action.
In additional to appropriate legal action, violations of this Article by employees. including making a
false report under this Article. may lead to appropriate disciplinary action. up to and including
termination.
Section 6. Proh1b1t10n on Emolovee Smok1nq In accordance with Government Code
sections 7596~7598, all employees are prohibited from smoking within all City facilities and
vehicles. and within 20 feet of all entrances. exits, and operable windows of such facilities.
Employees are permitted to smoke in any area designated as a smoking area.
ARTICLE 26. DISASTER AND EMERGENCY SERVICE WORKERS
Section 1. Employees Designated as Disaster Workers. The protection of the health and safety,
and the preservation of lives and property from the effects of naturaL man-made, or war-caused
emergencies which result in conditions of disaster or extreme peril to life, proper, and resources. is
paramount to the City of Temple City. When a disaster strikes, the Temple City community looks to City
employees for leadership and assistance in mitigating its effects. The assistance of City employees is
vital to ensuring that this community recovers from a disaster as quickly as possible_ It is important that
all City employees be available to assist in responding to disasters, regardless of the position they hold.
As such, in accordance with the provisions of Government Code sections 3100 et seq .. all City
employees are declared to be disaster service workers.
Section 2 Oath or Affirmation. All employees are required to take and subscribe to the oath or
affirmation set forth in Section 3 of Article XX of the Constitution of California at the commencement of
their employment. The City Clerk shall maintain the oath or affirmation of all City employees for at least
five years after the employee's termination of employment.
Section 3. Declaration of Disaster or Emergency. Upon the declaration of a disaster or an
emergency. employees are required to follow direction given in accordance with the City of Temple City
Emergency Management Plan.
Section 4. Employee Disaster Responsibilities.
A. Off-Duty Procedures.
(1) Emolovees w1th Pre-designated Roles After ensuring that their families are safe and any
short-term arrangements have been made for their families' security, employees who have pre-
designated emergency or disaster roles shall respond according to those established procedures.
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(2) Employees without Pre-designated Roles.
(a) Communication Systems Not Functioning. When the telephones or other
communication devices are not functioning. employees who do not have pre-designated
emergency or disaster roles should gather information from radio and television
broadcasts. and comply with any instructions given for City employees. Unless an
employee cannot physically report to work. all City employees are expected to report to
work at their normally scheduled time after ensuring the safety and security of their own
families.
(b) Communication Systems Are Functioning. If the telephones or other
communication devices are working, employees shall make every effort to contact their
immediate supervisor for instructions as soon as possible. Unless otherwise instructed
or if it is physically impossible for the employee to report to work. all City employees are
expected to report to work at their normally scheduled time after ensuring the safety and
security of their own families.
B. On-Duty Procedures. If the disaster occurs during normal working hours, employees should
immediately follow the policy and procedures established by the City of Temple City Emergency
Management Plan, and any additional orders given for performing disaster work by the
employee's Supervisor.
(1) Remain On Duty. All employees are expected to remain on duty at their normal work
location or at a disaster location. unless dismissed by the proper authority designated in the City
of Temple City Emergency Management Plan. Every attempt possible will be made by the City to
assist each employee in communicating with his/her family.
(2) Ongoing Disasters. For disasters extending beyond the normal work day, employees are
required to follow the direction and order of the property authority as designated in the City of
Temple City Emergency Management Plan.
C. Employees Physically Unable to Report to Work. In the event that an employee is unable to
return to work because road and transit conditions prevent travel by automobile, public transit, or
other conveyance, he/she has the option to become a disaster service worker in the city where
he/she resides. Any employee who cannot return to the City and serves as a disaster worker for
another municipality is required to contact the personnel department of that municipality for
further instructions and to obtain written documentation of his/her assignment. The employee is
required to notify his/her immediate City of Temple City supervisor of his/her working in the other
municipality.
(1) Compensation for Work Performed at Another Municipality Employees who are unable
to report to work during a disaster will be entitled to receive compensation from the City for the
service performed at another municipality, provided that the employee provide written proof from
the other municipality of the amount of time the employee worked there. That information should
be logged on the employee's timesheet and submitted through the normal payroll process.
Alternatively, the employee may present written proof from the other municipality that the
employee offered his/her services, but that the other municipality rejected his/her assistance.
(2) Returning to Temple City Employees are required to communicate with their supervisor
as soon as possible. and are required to return to their normal or disaster duties at the City of
Temple City as soon as travel. by any reasonable means. to the City is possible.
D. Timekeeping Requirements. All employees are required to complete special timekeeping forms
daily, which will keep a record of the following information:
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(1) The kind of disaster work performed:
(2) The number of hours worked: and
(3) The location where work was performed.
E. Disaster Duties. Employees shall perform those duties designated in the City of Temple City
Emergency Management Plan. and any additional duties assigned by the proper authority as
stated in the City of Temple City Emergency Management Plan. Employees may perform duties
outside their normal job description during a disaster.
F. Failure to Report to Work During a Disaster. An employee who fails to report to work as a
disaster worker at the City of Temple City or at another municipality will be considered on unpaid
leave during the duration of the emergency. unless the employee submits documentation that
supports justification to receive paid leave.
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