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HomeMy Public PortalAbout01 Personnel Rules TOWN OF TRUCKEE CALIFORNIA RESOLUTION NO. 2005-01 ~RESOLUTION OF THE TOWN COUNCIL, TOWN OF TRUCKEE, STATE OF CALIFORNIA, ADOPTING THE TOWN OF TRUCKEE PERSONNEL RULES INCLUDING THE EMPLOYER-EMPLOYEE RELATIONS PURSUANT TO THE MEYERS-MILIAS-BROWN ACT WHEREAS, the Town Council is authorized and directed under the provisions of Section 2.40.050 of the Truckee Municipal Code to adopt rules for the administration of the personnel system created in Chapter 2.40 of the Truckee Municipal Code; and WHEREAS, the Town Council is authorized to amend previously established Personnel System Rules pursuant to the Truckee Municipal Code Title 2, Section 2.40.050; and WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of' personnel management in the municipal government; and WHEREAS, these rules set forth in detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive service of the Town; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the Town Manager and the Personnel Director in the interpretation of these rules; NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Truckee does hereby rescind Town Resolution No. 96-25, Town Resolution No. 95-27a and Town Resolution No. 2003-09 and hereby adopts the following Town of Truckee Personnel Rules: TABLE OF CONTENTS TRUCKEE PERSONNEL RULES SECTION I - AUTHORITY FOR AND COVERAGE OF THE PERSONNEL RULES A. Authority B. No Contract Created A. Conflicts With Other Provisions B. Violation of the Personnel Rules C. Delegation of Authority D. Severability SECTION 2 - DEFINITIONS SECTION 3 - EQUAL EMPLOYMENT OPPORTUNITY A. General Policy B. Reasonable Accommodation Policy SECTION 4 -ANTI-HARASSMENT, DISCRIMINATION AND RETALIATION POLICIES A. Policy Against Harassment, Discrimination and Related Retaliation B. Policy Against Retaliation for Reporting, Opposing or Participating in Investigations into Alleged Misconduct SECTION 5 - GENERAL PROVISIONS FOR EMPLOYMENT STATUS, CLASSIFICATION AND APPOINTMENT A. Town Employment Defined B. Classification C. Applications and Applicants D. Examinations E. Employment Lists F. Method of Filling Vacancies G. Probationary Period SECTION 6 - EMPLOYEE MOVEMENT WITHIN THE COMPETITIVE SERVICE: TRANSFER, PROMOTION, DEMOTION, SUSPENSION, RESIGNATION, REINSTATEMENT, AND JOB ABANDONMENT A. Transfer B. Promotion C. Demotion D. Suspension E. Suspension of FLSA-Exempt Employees F. Resignation G. Reinstatement !-I. Job Abandonment SECTION 7 - PERSONNEL FILES A. File Maintenance B. File Content C. Employee's Responsibility to Notify Town of Changes D. Medical Information E. Access to Personnel Files F. Reference Requests G. Destruction of Personnel Files SECTION 8 - PERFORMANCE EVALUATIONS A. ~Frequency B. Process C. No Appeal SECTION 9 - COMPENSATION AND PAYROLL PRACTICES A. SalaryUpon Appointment B. Salary Upon Acting Assignment C. Salary Upon Transfer D. Salary Upon Reclassification E. Salary Upon Promotion F. Salary upon Demotion for Cause G. Salary upon Demotion Due to Layoff H. Merit Salary Increase I. Overtime Compensation J. Compensatory Time Off K. Prohibited Salary Deductions SECTION 10 - EMPLOYEE TRAVEL A. Policy B. Advances C. Rates of Compensation SECTION 11 - EMPLOYMENT OF RELATIVES A. Definitions B. Policy as to Relatives C. Policy as to Spouses SECTION 12- FITNESS FOR DUTY A. Current Employee Examinations B. Role of Health Care Provider C. Medical Information D. Medical Information from the Employee's Health Care Provider E. Interactive Process Discussion F. Determination SECTION 13 - DISCIPLINARY ACTION SECTION 14- LAYOFF POLICY AND PROCEDURE A. Statement of Intent B. Notification C. Vacancy and Demotion D. Employee Rights E. Seniority F. Employment Status G. Re-Employment List H. Duration of Re-employment List SECTION 15 - LEAVES OF ABSENCE :A. Attendance B. Absence C. Military Leave D. Leave of Absence Without Pay/Personal Leave E. Annual Vacation Leave F. Sick Leave G. Holiday Leave H. Bereavement Leave I. Jury Duty and Court Appearances J. Family and Medical Leave K. Donation of Accrued Vacation Time L. Pregnancy Disability Leave M. Time Off for Victims of Violent Crime or Domestic Abuse N. Workers' Compensation Disability Leave O. School-Related Leaves SECTION 16- COMPREHENSIVE ELECTRONIC MEDIA POLICY A. Purpose B. Scope C. Policy SECTION 17 - OUTSIDE EMPLOYMENT OR ACTIVITY A. Conditions B. Request to Pursue Outside Employment or Activity C. Revocation of Approval to Pursue Outside ~Emp!oyment or Activity D. Outside Employment or Activity Application ',E. Terms and Conditions iF. Special Conditions SECTION 18- EMPLOYEE POLITICAL ACTIVITIES A. ~Policy B. Examples of Prohibited Conduct C. Examples of Permitted Conduct SECTION 19- BILINGUAL PROFIClENCY.(SPANISH) A. Purpose ~Policy C. Procedure D. ,Requirements E. Initiating Bilingual Pay F. Ongoing Review SECTION 20 - DRUG AND ALCOHOL ABUSE POLICY A. ~Purpose B. Policy C. -Application .D. Employee Responsibilitibs -E. Management Responsibilities F. Reasonable Suspicion G. Physical Examination and Procedure H. Results of Drug and/or Alcohol Analysis I. Confidentiality SECTION 21 - WORKPLACE'SECURITY A. Policy B. Prohibited Behavior C. Definitions D. Incident Reporting Procedures E. Investigation F. Management Responsibilities G. Follow Up and Disciplinary Procedures SECTION 22 - GRIEVANCE PROCEDURE A. Statement of Intent B. Definition of Grievant C. Definition of Grievance D. Pre-Grievance Step E. Formal Grievance SECTION 23 - INJURY AND ILLNESS PREVENTION PROGRAM SECTION 24 - USE OF TOWN PROPERTY AND EQUIPMENT A. Policy B. Use of Town Vehicles and Private Vehicles for Town Business SECTION 25 - EMPLOYEE PROTECTION LINE POLICY SECTION 26 - EMPLOYER-EMPLOYEE RELATIONS RESOLUTION Employee Receipt of Personnel Rules Acknowledgment Form TOWN OF TRUCKEE PERSONNEL RULES SECTION 1 - AUTHORITY FOR AND COVERAGE OF THE PEFISONNEL RULES A. Authority The Town of Truckee Town Council authorizes the Town Manager to establish and enforce these personnel rules and policies. B. (:overage These Rules apply to all Town employees, except that nothing in these Rules regarding disciplinary rights and disciplinary processes applies to those who serve in an at-will capacity, or at the pleasure of the Council, or by contract. Nothing in these Rules gives those who serve at-will, or at the pleasure of the Council, or by contract the right to continued employment. C. No Contract Created ;Nothing in these Rules is intended to create or creates any contractual right in Town employment. D. Conflicts with Other Provisions If a provision of these Rules actually conflicts with any provision of an applicable collective bargaining agreement, Town ordinance, or state or federal law, the collective bargaining agreement, Town ordinance, or state or federal law shall control. In all other cases, these.Rules apply. E. Violation of the Personnel Rules A violation of any Rule contained herein shall be grounds for discipline, up to and including,termination from Town employment. F. Delegation of Authority Any of the Town's management staff may delegate any of the responsibilities listed in these Rules to any other appropriate management staff member, regardless of whether the Rule at issue specifically authorizes the delegation of the matter. G. Severability If any court finds any section, subsection, sentence clause or phrase of these Rules to be inconsistent with the law, such finding(s) shall not affect the validity of the remaining portion of these Rules. SECTION 2 - DEFINITIONS The terms used in these rules shall have the meanings defined below: A. "Advancement": ,A salary increase within the limits of a pay range established for a class. B. "Allocation": The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised. C. "Appointing Authority": The Town Manager and department heads of the Town who have the final authority to make decisions about appointment to Town employment. D. "Classification": All positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary. E. "Competitive Service": All positions of employment in the service of the Town except those excluded by the Municipal Code. F. "Days": Means calendar days unless otherwise stated. G. "Demotion": The movement of an employee from one classification to another classification having a lower maximum base rate of pay. H. "Disciplinary Action": The discharge, demotion, reduction in pay, reprimand, or suspension of a regular employee for punitive reasons and not for any non-punitive reasons. I. "Eligible": A person whose name is on an employment list. J. "Employment List": (a) Open employment list: A list of names of persons who have taken an open- competitive examination for a class in the competitive service and have qualified. (b) Promotional employment list: A list of names of persons who have taken a promotional examination for a class in the competitive service and have qualified. K. "Examination": (a) Open-competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is open only to employees meeting the qualifications for the class. (c) Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year. L. "Grievance": An allegation by one or more employees that the Town has violated an express provision of these Rules or a current Memorandum of Understanding. M. "Lay-Off": The separation of employees from the active work 'force due to lack of work or funds, or to the abolition of positions by the Town council for the above reasons or due to organization changes. N. "Probationary period"or "IntrOductory Period": Unless otherwise specified by MOU, a six-month period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is ~required to demonstrate fitness for the position to which ~he employee is appointed by actual performance of the duties of the position. O. "Promotion": The movement of an employee from one classification to another classification having a higher maximum base rate of pay. P. "Provisional Appointment": An appointment of a person who pessesses the minimum qualifications established for a particular class and~.who'has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six months without prior approval of the Town Manager or his or her designee. Q. "Regular~Employee": An employee in the competitive service who~has successfully completed the probationary Period and is scheduled to work on a' continuing basis. R. "Reinstatement": The restoration without examination of a former regular employee or probationary employee, who left Town employment in good standing, to a classification in which the employee formerly served as a regular non- probationary employee. S. "Relief of Duty": The temporary assignment of an employee to a status of leave with pay. T. "Supervisor": An Administrator having immediate jurisdiction over another employee and who has the authority to make certain decisions about the employment status of employees under his or her supervision. U. "Suspension": The temporary separation from service of an employee without pay for disciplinary purposes. V. "Temporary Employee": An employee who is appointed to a position for a limited period of time. W. "Transfer": A change of an employee ~from one position to another position. X. "Working Day": Any day the Town Administrative Offices are open for business. Y. "Work Week": The work week begins on Sunday at 12:01 a.m. and ends on Saturday at 12:00 a.m. SECTION 3 - EQUAL EMPLOYMENT OPPORTUNITY A. General Policy The Town does not discriminate against qualified applicants or employees on the basis of actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer-related or genetic characteristics), marital status, sex, age (40 or over), or sexual orientation (including heterosexuality, homosexuality, and bisexuality). The Town will afford equal employment opportunity to all qualified applicants and employees with regard to all terms and conditions of employment, including hiring, compensation, training, promotion, transfer, discipline and termination. B. Reasonable Accommodation Policy Policy: The Town provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. Procedure: An employee or applicant who desires a reasonable accommodation in either:the employment selection process or in order to perform essential job functions should make such a request in writing to the Town Manager. The request must identify: a) the portion(s) of the selection process or the job-related functions at issue; and b) the desired accommodation. 1. Following receipt of the request, the Town Manager or his/her designee may require additional information. For example, the Town Manager may require reasonable information to support the existence of a disability. The Town Manager may also require an employee to undergo a fitness-for-duty examination to determine whether the employee can perform the essential functions of the job with or without accommodation. The Town Manager may also require that a Town-approved physician conduct the examination. 2. The Town will arrange to meet with the applicant or employee, and his or her representatives, for an interactive discussion, to work in good faith to fully consider all feasible potential reasonable accommodations, alternative available jobs for which employee qualifies, and whether employee qualifies for disability retirement or family medical leave. 3. After the interactive discussion process, whether a reasonable accommodation can be made and what reasonable accommodation will be provided shall be determined by the Town Manager on a case-by-case basis. The Town will not provide accommodations that pose an undue hardship upon Town finances or operations. 4. The Town will :inform the applicant or employee of its decision as to reasonable accommodation(s) in writing. An employee or applicant who alleges a denial of a reasonable accommodation may file a complaint pursuant to the Complaint Procedure following in Section 4 of these Personnel Rules. SECTION 4 - ANTI-HARASSMENT, DISCRIMINATION AND RETALIATION POLICIES · A. Policy Against~Harassment, Discrimination and Related Retaliation 1. Purpose and Application The purpose of this~Policy Against Harassment, Discrimination and Retaliation is to reaffirm the Town's zero tolerance of: 1) harassment and discrimination; and 2) retaliation against those who report oroppose harassment or discrimination. This Policy applies to discrimination, harassment or retaliation of or by an applicant, employee or person providing services for the Town pursuant to a contract, This Policy prohibits harassment or discrimination that is based on actual or perceived race, religious creed, color, ~national origin, ancestry, physical disability, mental disability, medical condition (cancer-related or genetic characteristics), marital status, sex, age (40 or over), or sexual orientation (including heterosexuality, homosexuality, and bisexuality). This Policy also prohibits retaliation against any individual for making a complaint of harassment or ~discrimination or for participating ~in an investigation under this Policy. Retaliation constitutes a violation of this Policy. This Policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. 2. Policy Coverage This Policy prohibits harassment or discrimination by or of Town officials, officers, employees, applicants or contractors because: 1) of an individual's protected classification; 2) of the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification. The Town does not consider conduct in violation of this Policy to be within the course and scope of employment or the direct consequence of the discharge of Town duties. 11 3. Prohibition Against Harassment and Discrimination It is the Town's policy to prohibit any form of harassment or discrimination, as defined below. To that end, this Policy establishes a Complaint Procedure that applicants, officials, officers, employees or contractors can use to report potential violations. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have engaged in harassment or discrimination in violation of this Policy. Any official or contractor found to have engaged in harassment and/or discrimination in violation of this Policy will be subject to appropriate sanctions. 4. Prohibition Against Retaliation In order to deter harassment and discrimination, and to support the integrity of the Complaint Procedure described below, the Town also prohibits retaliation. Any employee found to have retaliated against an applicant, elected official, officer, employee, or contractor because of a complaint of harassment or discrimination or because of participation in the Complaint Procedure, shall be subject to disciplinary action. Any elected official or contractor who has been found to have retaliated in violation of this Policy will be subject to appropriate sanctions. 5. Definitions Protected Classifications: ~ This Policy prohibits harassment or discrimination because of an individual's protected classification. "Protected classification" includes actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer-related or genetic characteristics), marital status, sex, age (40 or over), sexual orientation (including heterosexuality, homosexuality, and bisexuality). a. Harassment and Discrimination: Depending upon the circumstances, a single act of harassment or discrimination, as defined below, can violate this Policy: i. Verbal -- includes epithets, jokes, comments or slum that identify a person on the basis of his or her protected classification, intimate or other nicknames, comments on appearance -- including dress or physical features -- or stories that tend to disparage those with a protected classification. ii. Visual -- includes gestures, posters, notices, bulletins, cartoons, photography, drawings or computer images communicated through the internet and email systems that tend to disparage those with a protected classification or that depict inappropriate content. iii. Physical includes the following conduct taken because of an individual's protected classification: assault, impeding or blocking movement, physically interfering .with normal work or movement, pinching, grabbing, patting, propositioning, leering, making express or implied job threats or promises in return for submission of physical acts, mimicking, stalking, or taunting. iv. Sexual Harassment -- includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that are an express or implied condition of continued employment or other term and condition of employment, b. Retaliation: Any adverse conduct taken because a Town official, officer, applicant, employee or contractor has reported harassment or discrimination, or has participated in the Complaint Procedure described below, is prohibited. "Adverse conduct" includes: taking sides because an individual has reported harassment~ spreading rumors about a complaint, shunning~and avoiding an individual who reports harassment, or reator implied threats of ;ntimidation to prevent an individual from reporting harassment, Thefollowing individuals are protected from retaliation: those who make good faith reports that :harassment occurred,.those who are accused of harassment, and those who associate with an individual who is involved in reporting harassment or participating in a harassment complaint procedure. 6. Guidelines for Identifying'Harassme.t, Discrimination and. Retaliation To help clarify what constitutes a viola~tion of this Policy, use the following guidelines: a. ~HaraSsment and discrimination include any conduct which would be "unwelcome" to an individual of the recipient's protected classification and which is taken because of the recipient's protected classification. b. Discrimination may result when an individual is treated differently due to his or her.membership in a protected classification. In addition, discrimination may result when a Town policy or practice has a negative impact on a particular classification of employees as a whole. A repeated action or type of conduct by the Town need not be in wdting or formally approved by the Town to qualify as a policy or practice. c. It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized. d. Simply because no one has complained about a joke, gesture, picture, physical contact or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. e. Even visual, verbal, and/or physical conduct between two individuals who appear to welcome it can constitute harassment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual. f. Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. The Town recognizes that it is legitimate for those in protected classifications to have heightened sensitivities to harassment as a result of their life experiences. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames). g. Conduct can constitute retaliation under this Policy when an action is taken or an employee is treated in a particular manner due to his or her reporting of a violation of this Policy, participation in an investigation of an alleged Policy violation, or any other negative action taken against an individual because of his or her association with the complainant. h. A single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. Therefore, if you are in doubt as to whether any particular conduct may violate this Policy, do not engage in the conduct, and seek guidance from a supervisor. 7. Confidentiality The Town recognizes that confidentiality is important to all parties involved in a harassment investigation. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or a department director. Any individual who discusses the content of an investigatory interview will be subject to discipline. The Town will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. 14 8. Complaint Procedure An applicant, employee, officer, official, or contractor who feels he or she has been harassed, discrimination against or retaliated against in violation of this Policy must report the conduct immediately and according to the following procedure so that the complaint can be resolved quickly and fairly. e. Reporting to the Offending Individual: The Town strongly encourages any individual who feels that he or she has been harassed or discriminated against in violation of this Policy to let the offending person know immediately and firmly that the conduct at issue is unwelcome, offensive, in poor taste, and/or inappropriate and must stop. The Town also encourages that alleged acts of retaliation be reported in this manner as well. b. Reporting to Management: If an individual who has been harassed prefers not to confront the offending person, he or she need not do so; If the individual does not report the harassment or discrimination to the offending individual, or does so but is not satisfied the situation has been resolved, the individual must then immediately .report the conduct to any supervisor, department head, or other Town management employee. The individual should provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses. This report can be made orally or in writing, although a written account is preferred. c. Interim Relief: Any official, officer, supervisor or management employee who receives a complaint or learns of a potential violation of this Policy must promptly report the information to the Administrative Services Director and if necessary, take action to diffuse volatile circumstances. If the complaint involves the Administrative Services Director, the person receiving the complaint must notify the Town 'Manager. d. Investigation: The Administrative Services Director or his or her designee will immediately either direct or undertake an effective, discrete, ~thorough and objective investigation of the allegations at issue. All complaints will be investigated to the extent that the Town deems appropriate. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged harassment or who participate in the complaint procedure is prohibited. e, Investigation Into Unreported Potential Violations: The Town takes a proactive approach to the problems of harassment, discrimination and retaliation and will conduct an investigation if its officers, officials, supervisors or managers become aware that harassment may be occurring, regardless of whether the recipient or a third party reports a potential violation of this Policy. f. Remedial and Disciplinary Action: If the investigation concludes that harassment or retaliation in violation of this Policy has occurred, the Town will notify the offended and offending parties of the general conclusion(s) of the investigation and will take effective remedial action that is designed to end the violation(s). Any employee or officer determined to be responsible for violating this Policy will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this Policy or otherwise fails to take appropriate action to enfome this Policy. Any official or contractor found to be responsible for violating this Policy will be subject to appropriate sanctions. g. Option to Report to Outside Administrative Agencies: Applicants, employees, officers, officials and contractors have the option to report harassment or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These governmental agencies offer legal remedies and a complaint process. The nearest DFEH and EEOC offices are listed in the government section of the telephone book or employees can check the equal employment opportunity posters that are located on Town bulletin boards for office locations and telephone numbers. 9. Individual Responsibilities a. Individual Employee/Contractor: Conduct him or herself consistently with the anti-harassment, anti-discrimination, and anti-retaliation policy described here; Report any act he or she believes in good faith constitutes harassment, discrimination or retaliation as defined here, to his or her immediate supervisor or department head; Maintain the confidentiality of any investigation the Town conducts under this Policy by not disclosing the substance of any investigatory interview, except as directed; and Cooperate fully with the Town's investigation into alleged violations of this Policy, by responding fully and truthfully to all questions posed during the investigation. b. Management and Supervisory Employees: In addition to the responsibilities listed above for individual employees, management and supervisory personnel are responsible to help prevent harassment, discrimination and retaliation in their departments or areas of responsibility by: Being familiar with this Policy and modeling behavior that is consistent with it; Informing all employees under their direction of this Policy and the complaint procedure and providing training as appropriate; Receiving complaints of harassment, discrimination and retaliation in a fair and serious manner, documenting steps taken to resolve the problem, and following up with the complaining employee to ensure that the behavior has stopped and that there have been no reprisals; Reporting any potential violations of this Policy of which he or she becomes aware; Based on the findings of the investigation, implementing appropriate disciplinary and remedial action; Informing one who complains of conduct covered by this Policy of his or her option to contact the EEOC or DFEH regarding any alleged harassment, discrimination or retaliation; and Regularly monitoring the .work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures, and correcting inappropriate language. c. 'AdminiStrative Services Director: The Administrative Services Director or his or her designee is responsible for administering the complaint procedure and authorizing and/or conducting an investigation. Any questions about this Policy should be directed to the Administrative Services Director. B. policy against Retaliation 'for Reporting, OPposing or :Participating in Investigations into Alleged Misconduct 1. General Policy It is the Town's policy to prohibit retaliation against those who report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged retaliation because or,that reporting, opposition, or participation. To that end, this policy establishes a complaint ~)rocedure that applicants, officials, officers, employees or contractors can use to report potential violations. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this Policy Against Retaliation. Any elected officiat or contractor who violates this Policy Against Retaliation will be subject to appropriate sanctions. 2. Protected Activity This Policy against Retaliation protects those who engage in a protected activity from being retaliated against because of that protected activity. "Protected activity" includes any of the following: · Filing a complaint with a federal or state enfomement or administrative agency · Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the Town regarding alleged unlawful activity · Testifying as a party, witness, or accused regarding alleged unlawful activity · Associating with another employee who is engaged in any of the protected activities enumerated here · Making or filing an internal complaint with the Town regarding alleged unlawful activity · Providing informal notice to the Town regarding alleged unlawful activity 3. Policy Coverage This Policy against Retaliation prohibits Town officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein. 4. Adverse Action Except as otherwise provided, this Policy against Retaliation prohibits adverse action that is taken because an applicant, employee, or contractor has engaged in any of the forms of protected activity as defined herein. Adverse action includes any of the following: · Taking sides because an individual has reported alleged wrongdoing · Spreading rumors about a complaint of alleged wrongdoing · Shunning or avoiding an individual who has engaged in any of the forms of protected activity described above · Real or implied threats of intimidation to attempt to prevent an individual from reporting alleged wrongdoing or because of protected activity · Refusing to hire an individual because of protected activity · Denying promotion to an individual because of protected activity · Taking any form of disciplinary action because of protected activity · Issuing a poor evaluation because of protected activity · Extending a probationary period because of protected activity · Altering work schedules or work assignments because of protected activity 5. Causal Connection This Policy against Retaliation prohibits adverse action that is taken because of an individual's protected activity. The Policy does not prohibit adverse action that is taken for legitimate or non-discriminatory reasons, such as: discipline for legal cause or refusing to hire because of inadequate qualifications. As a result, adverse action is only prohibited if it is causally connected to, or taken because of, the alleged protected activity. 6. Complaint Procedure An applicant,, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the following procedure so that the complaint can be resolved fairly and quickly. a. Reporting to Management: The individual may make a complaint to any supervisor, department head, or a member of the Administrative Services Department. The complaint should be in writing and provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses. The complaint should contain a statement that the individual swears that the contents of the ]8 complaint are true, or that the individual believes them to be true. The complaint shall be filed as soon as possible after either the alleged act of retaliation or the date the individual first :becomes aware of alleged retaliation, but no later than three :months thereafter. b. Interim Relief: Any official, officer, supervisor or management employee who receives a complaint or learns of a potential violation of this Policy against Retaliation must promptly report the information to the Administrative Services Department or another in the chain of command, and if necessary, take action to diffuse volatile circumstances. c. Investigation: The Administrative Services Director or his or her designee will immediately undertake an effective, discrete, thorough and objective investigation of the allegations at issue. Each complaint that complies with the requirements stated in ,this Policy against Retaliation will be investigated to the extent that 'the Town deems appropriate. The investigation may include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged wrongdoing or who participate in the complaint procedure is prohibited. d. ~Remedial and Disciplinary Action: If the investigation concludes. that a violation of this Policy has occurred, the Town will notify the offended and offending parties of the general conclusion(s) of the investigation and will take effective remedial action that is designed to end the violation(s). Any employee or officer determined to be responsible for violating this Policy will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or Administrative Officer who condones or ignores potential violations of this Policy or otherwise fails to take appropriate action to enforce this Policy. Any official or contractor who is found to .have violated this Policy will be subject, to appropriate sanctions. ,e. .Requirement to Exhaust Administrative Remedies: This Policy Against Retaliation provides an administrative remedy that individuals must use prior to resorting to judicial remedies to address the conduct described herein. 7. Individual Responsibilities Individual ,Employee/Contractor: a. Town employee, officer, official or contractor is required to: i. Conduct him or herself consistently with this Policy Against Retaliation; ii. Report any act he or she believes in good faith constitutes retaliation as defined here, to his or her immediate supervisor or department head or to the Administrative Services Depadment; iii. Maintain the confidentiality of any investigation the Town conducts under this Policy Against Retaliation by not disclosing the substance of any investigatory interview, except as directed by the department head or the Administrative Services Department; iv. Cooperate fully with the Town's investigation into alleged violations of this Policy against Retaliation, by responding fully and truthfully to all questions posed during the investigation. b. Management and Supervisory Employees (including Officers and Officials): In addition to the responsibilities listed above for individual employees, management and supervisory personnel (including officers and officials) are responsible to help enforce this Policy Against Retaliation within their departments or areas of responsibility by: Being familiar with this Policy against Retaliation and modeling behavior that is consistent with it; ii. Informing all employees under their direction of this Policy against Retaliation and providing training as appropriate; iii. Receiving complaints in a fair and serious manner, documenting steps taken to resolve the problem, and following up with the complaining employee to ensure that that there have been no reprisals. iv. Reporting any potential violations of this Policy against Retaliation of which he or she becomes aware, regardless of whether a complaint has been submitted, to the Administrative Services Department or the department head. v. Based on the findings of the investigation, implementing appropriate disciplinary and remedial action. c. Administrative Services Director The Administrative Services Director is responsible for administering the complaint procedure, authorizing and/or conducting an investigation and, in consultation with the department head, recommending disciplinary action commensurate with the severity of the offense, and recommending other appropriate remedial action. SECTION 5 -GENERAL PROVISIONS FOR EMPLOYMENT STATUS, CLASSIFICATION AND APPOINTMENT A. TOWN EMPLOYMENT DEFINED 1. FLSA-Exempt Employee: An employee who meets one or more of the duties test exemptions from overtime under the FLSA (e.g. executive, administrative, professional, computer employee) and who is paid on a salary basis, meaning that he or she is compensated in a predetermined amount that is not reduced, regardless of the quality or quantity of. work actually performed, except as required by the Town's principles of public accountability .for partial-day absences. 2. FLSA Overtime-Eligible Employee: An employee who is .enti{led to FLSA overtime, regardless of whether paid on a salary or hourly basis. An employee who is assigned to an FLSA-exempt position on an acting or temporary basis only will remain overtime-eligible. 3. At-Will Employee: "At-will" refers to any Town employee who 1) does not hold regular status; or 2) serves atthe.pleasure of the Council or another Town employee or appointee; or 3) can be terminated at any time without cause and without the opportunity to appeal. ,Employees who move from a "regular" employment status to an at-will position will be required to sign a notification and acknowledgment of at-will employment as a condition of employment, tNote: We can include a form for the employee to sign] All department directors are at-will employees. 4. Probationary Employee: An employee who is serving a probationary period. The probationary period is part of the selection process, during which the Town determines whether work performance or work-related behavior meets the required standards of the position. 5. Regular Employee: An employee who is regularly scheduled to work on a continuing'basis and has completed the probationary period for the position he or she holds. A regular employee may only be terminated from Town employment for cause and has associated procedural due process, appeal and grievance rights. 6. Full-Time Employee: An employee who is assigned to work the maximum number of work hours scheduled by a particular department or division. 2] 7. Part-Time Employee: An employee who is assigned to work less than the maximum number of work hours scheduled by a particular department or division. 8. Temporary or Seasonal Employee: An employee who is assigned to work on a particular project or for a job of limited or indefinite duration is a seasonal or temporary employee. A temporary or seasonal employee: 1) does not hold regular status; 2) does not serve a probationary period; 3) can be dismissed at-will from Town employment at any time without right of procedural due process, appeal, grievance or hearing; and 4) is not entitled to earn, accrue, or participate in any Town employee benefit plans, or paid or unpaid leaves. 9. Contract Employee: A person employed by the Town for a particular project. Unless otherwise agreed to by the Town Manager, a contract employee: 1) does not hold regular status; 2) does not serve a probationary period; 3) can be dismissed at-will from Town employment at any time without right of procedural due process, appeal, grievance or hearing; and 4) is not entitled to earn, accrue, or participate in any Town employee benefit plans, or paid or unpaid leaves. B. CLASSIFICATION 1. Preparation of Plan: The Personnel Director, or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the competitive service and shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions in the competitive service defined by class specifications, including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class. 2. Adoption, Amendment, and Revision of Plan: The classification plan shall be adopted by the Town Manager and may be amended from time to time. During the process of consideration, any employee organization affected shall be advised. Amendments and revisions of the plan may be suggested by any interested party, including any employee organization, and shall be submitted to the Town Manager. 3. Allocation of Positions: Following the adoption of the classification plan and consultation with any employee organization affected, the Personnel Director shall allocate every position in the competitive service to one of the classes established by the plan. 4. New Positions: A new position shall not be created and filled until the classification plan has been amended to provide therefore and an appropriate employment list established for such positions. 5. Reclassification: Positions, the assigned duties of which have been materially changed by the Town so as to necessitate reclassification, whether new or already created, shall be allocated by the Personnel Director to a more appropriate class. Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, not to effect a change in salary, in the absence or a significant change in assigned duties and responsibilities. C. APPLICATIONS AND APPLICANTS 1. Announcement: All examinations for classes in-the competitive service shall be publicized by such methods as the Town Manager or the Personnel Director deem appropriate. The announcement shall specify the title and pay of the position for which the examination is announced; the nature of the work robe performed and the essential functions of the position; prior work experience or preparation desirable for the performance of the work of the class; the manner of .making application, including the type of examination; and other pertinent information. 2. Application Forms: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information, and may include references and fingerprints. All applications must be signed by the person applying. 3. Disqualification: Applications not meeting the minimum qualifications required for the position will be rejected. Applications may also be rejectedfor any of the following reasons: (t) the applicant has submitted an incomplete or untimely application, (2) the applicant is medically determined to be physically or psychologically unfit for the performance of duties for the position to which he/she seeks appointment, and if disabled, cannot be reasonably accommodated, (3) the applicant is addicted to the use of drugs, (4) the applicant has been convicted of a crime which is job related, (5) the applicant has practiced or attempted to practice any deception or fraud in the application, (6) the applicant has a poor driving record as determined by the Town for positions that require driving, (7) the applicant is unable to show proof of authorization to work in the United States, or (8) for any material cause which in the judgment of the appointing authority may render the applicant unsuitable for the position, including a prior resignation from the Town, termination from the Town or a significant disciplinary action. D. EXAMINATIONS 1. Examination Process: The selection techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of the Personnel Director, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples, successful completion of prescribed training, or any combination of these or other tests. The probationary period shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements. 2. Promotional Examinations: Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 1 of this rule, 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. 3. Continuous Examination: Open-competitive examinations may be administered periodically for a single class as the needs of the service require. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in Section E. 4. Conduct of Examination: The Town Council may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Personnel Director shall see that such duties are performed. The Personnel Director shall arrange for the use of public buildings and equipment for the conduct of examinations. Notification of Examination Results and Review of Papers: Each candidate in an examination shall be given notice of the results thereof, and if successful, of the final earned score and/or rank on the employment list. All candidates shall have the right to inspect their own test answer sheet within five working days after the notifications of examination results. Any error in computation, if called to the attention of the Personnel Director within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made. E. EMPLOYMENT LISTS 1. Employment Lists: As soon as possible after the completion of an examination, the Personnel Director shall prepare and maintain an employment list consisting of the names of candidates who qualified in the examination. 2. Duration of Lists: Employment lists other than those resulting from a continuous examination shall remain in effect until exhausted or abolished by the Personnel Director. Open-competitive lists created as a result of continuous examination shall remain in effect for not more than one year after the last administration of the examination, unless sooner exhausted or abolished. Names placed on such lists may be merged with any others already on the list. 3. Removal of Names From List: The name of any person appearing on an employment, re-employment or promotional list shall be removed by the Personnel Director if the eligible requests in writing that the name be removed or if the eligible fails to respond to a notice of certification mailed to the last designated address. The person affected shall be notified of the removal of the name by a notice mailed to the last known address. Thenames of persons on promotional employment lists who resign from ,the service or are discharged shall automatically be dropped from such lists. F. METHOD OFFILLING VACANCIES 1. .Types of Appointment: All vacancies in the competitive Service shall be filled by transfer, demotion, re-employment, reinstatement, or from eligible persons certified by,the Personnel Director from an appropriate employment list, if available. In the absence of ~persons eligible for appointment in these ways, provisional appointments may be made in accordance with these Personnel Rules. 2. ~Notice to Personnel Director: If a vacancy in the competitive service is to be filled, the appointing power shall notify the~Personnel Director in the manner prescribed. If there is no re- employment list available for the class, the appointing- power shall have-the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open-employment tist. 3. Certification of Eligibles: if ~the appointing power does not consider it in the Town's best interest to fill the vacancy by reinstatement, transfer, or demotion, or if it is not possible-to fill the vacancy by re-employment, certification shall be made from an appropriate employment list, provided eligibles are available. When the appointing power requests a vacancy be filled by appointment from an open employment list, the Personnel Director should certify from the specified list the names of all .individuals willing to accept appointment. Whenever there are fewer than three names of individuals willing to accept appointment on a promotional employment list or on an open employment list, the appointing power may make an .appointment from among such eligibles or may request the Personnel Director to establish a new list. When so requested, the-Personnel Director shall hold a new examination and establish a new employment list. 4. Appointment: After interview and investigation, the appointing power shall make appointments from among those certified, and shall immediately notify the Personnel Director of the person(s) appointed. The person accepting appointment shall report to the Personnel Director, or the Personnel Director's designated representative, for processing on or before the date of appointment. If the applicant accepts the appointment and reports for duty within such period of time as the appointing authority shall prescribe, the applicant shall be deemed to be appointed; otherwise, the applicant shall be deemed to have declined the appointment. In some cases, a conditional offer of employment may be made pending the outcome of a medical or psychological examination, if necessary. 5. Provisional Appointment: In the absence of there being names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the appointing authority of a person meeting the minimum training and experience qualifications for the position. Such an appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee and such vacancy may be filled by the appointing authority subject to the provisions of the personnel ordinance and the personnel rules. A provisional employee may be removed at any time without the right of appeal or hearing. No provisional appointment shall exceed six months. A provisional appointee shall accrue the same benefits as probationary employees. If a provisional appointee is selected for a full-time position with the Town, the time served as a provisional appointee shall be counted as time toward the fulfillment of the required probationary period. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open-competitive promotional lists for service rendered under a provisional appointment. 6. Compensation for Temporary Additional Responsibility: Any employee assigned to a higher management or supervisory position where there is a temporarily unfilled position for more than fifteen (15) working days shall receive additional compensation of at least five percent (5%) over base pay. Such additional compensation begins on the sixteenth (16th) working day and terminates upon assumption of the duties by a regular employee to an open position. All assignments of temporary additional duty shall be approved by the Town Manager. Allowances beyond five percent (5%) may be approved by the Town Council upon a finding of special circumstances to warrant such special adjustment. G. PROBATIONARY PERIOD (Introductory Period) 1. Regular Appointment Following Probationary Period: All original and promotional appointments shall be tentative and subject to a probationary period of not less than 6 months actual service (unless otherwise specified) to be determined for each class by the Personnel Director. The appointing authority may extend such probationary period up to six additional months. The Personnel Director shall notify the appointing authority and the probationer concerned two weeks prior to the termination of 26 any probationary period. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Personnel Director a statement in writing to such effect and stating that the retention of such employee in the service is desired; if such a statement is not filed, the employee will be deemed to be unsatisfactory and such employment terminated at the expiration of the probationary period. Where a statement of satisfactory service has not been filed, notice of the separation of a probationary employee shall be served on the separated employee before the expiration of the probationary period. 2. Objective of Probationary Period: The prebationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to his position. 3. Rejection of Probationer: During the probationary period, an employee may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection by the appointing authority shall be served on the probationer. · 4. Rejection'FollOwing Promotion: Any employee rejected duringthe probationary period following a promotional appointment, or at,the conclusion of the probationary period by reason of failure of the appointing power to file a statement that the employee's services ~ave been satisfactory, shall be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged in the manner provided in the Personnel Ordinance and these rules for positions in the competitive service. If there is no vacancy in such position, the employee may request to be placed on a~re-employment list. SECTION 6 - EMPLOYEE MOVEMENT WITHIN THE COMPETITIVE SERVICE: TRANSFER, PROMOTION, DEMOTION, SUSPENSION, RESIGNATION REINSTATEMENT, AND JOB ABANDONMENT 1. Transfer: No person shall be transferred to a position for which that person does not possess the minimum qualifications. Upon notice to the Personnel Director, an employee may be transferred by the appointing power or designee at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties, and requires substantially the same basic qualifications. If the transfer involves a change from one department to another, both department heads must consent thereto unless the Town Manager orders the transfer. -Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Rules. 2. Promotion: Insofar as consistent with the best interests of the service all vacancies in the competitive service shall be filled by promotion from within the competitive service, after a promotional examination has been given and a promotional list established. If, in the opinion of the Personnel Director, it is in the best interests of the municipal service, a vacancy in the position may be filled by an open-competitive examination instead of promotional examination, in which event the Personnel Director shall arrange for an open-competitive examination and for the preparation and certification of an open-competitive employment list. 3. Demotion: The appointing authority may demote an employee whose ability to perform the required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications. Disciplinary demotion action shall be in accordance with Section I below. 4. Suspension: An employee may be suspended at any time for a disciplinary purpose. Suspension without pay shall not exceed thirty calendar days, nor shall any employee be penalized by suspension for more than thirty calendar days in any fiscal year. Intended suspension action shall be reported immediately to the Personnel Director, and shall be taken in accordance with Section 12. 5. Suspension of FLSA-Exempt Employees: Except for a violation of a major safety rule, exempt employees may not be subject to suspensions other than in full workweek increments or full work day increments. FLSA-exempt employees who believe they have been disciplined in violation of this policy may contact the Personnel Director who will conduct an investigation and take appropriate action. 6. Resignation: An employee wishing to leave the competitive service in good standing shall file with the appointing authority a written resignation stating the effective date and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by the appointing authority. A statement as to the resigned employee's service performance and other pertinent information shall be forwarded to the Personnel Director by the appointing authority. Failure to give notice as required by this rule shall be cause for denying future employment by the Town. 7. Reinstatement: With the approval of the appointing authority, a regular employee or probationary employee who has completed at least six months of probationary service and who has resigned with a good record may be reinstated within two years of the effective date of resignation, to a vacant position in the same or comparable class. Upon reinstatement, the employee shall be subject to the probationary period prescribed for the class. No credit for former employment shall be granted in computing salary, vacation, sick leave, or other benefits except on the specific recommendation of the appointing authority at time of reinstatement. 8. Job Abandonment: An employee is deemed to have resigned if the employee is absent for three consecutive work days without prior authorization and without notification during the period of the absence. Only regular employccs will receive notice of intent to terminate, an opportunity Go respond, and final notice of termination for job abandonment. An employee separated for job abandonment maybe reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee has any right to evidentiary appeal for separation due to job abandonment. SECTION 7- PERSONNEL ~FILES A. File Maintenance The Personnel Director maintains a 13ersonnel file for each Town employee. Personnel files are the property of the Town, and access to files is restricted as stated in this section. B. File Content The personnel file contains documents that: l) relate to employee performance; 2) form the basis for, or reflect decision making about the employee; or 3) assist the Town in personnel administration. C. 'Employee's Responsibility to Notify Town of Changes Each employee is responsible for promptly notifying the department head of any changes irt relevant personal Information, including change of name, mailing address, telephone number, emergency contacts, and number and names of dependents. D. Medical Information "Medical information" means any information that identifies the employee and pertains to his or her medical history, mental or physical condition, or treatment. All employee 'medical information shall be kept in separate, confidential files. E. Access to Personnel Files 1. Town Employees A Town employee may review his or her personnel file at reasonable times and intervals. An employee who wishes to review his or her file must contact the department head or designee to arrange for an appointment. The review will be conducted in the presence of a department designee. On request, an employee is entitled to receive a copy of any employment-related document he or she has signed. 2. Employee Representatives An employee representative may inspect an employee's personnel file without the employee only if the employee has provided written consent. 3. Town Management or Confidential Personnel Town management personnel may access employee personnel files as needed for legitimate personnel administration purposes. Confidential personnel may access personnel files as required by their job duties. Those who access personnel files as part of their job duties are required to maintain the confidentiality of personnel file information. 4. Confidential Material Notwithstanding any of the above, neither an employee nor an employee representative may have access to: a) documents that pertain to pending investigations regarding the employee's conduct; or b) references and related information given in confidence as part of the Town employment application or promotion. The Town will not disclose employee medical information, except to Town management personnel with a legitimate personnel need for access, without prior written authorization from the employee, or except as required by law, subpoena, or Court order. F. Reference Requests All requests for employee references shall be referred to the Personnel Director. Information will be released as authorized in writing by the employee or former employee. If there is no written authorization, the Town will release only the following information: the employee's term of employment, title, and salary upon departure from Town employment. G. :Destruction of Personnel Records Personnel records, including employment applications, shall be destroyed only in accordance with the Town's retention schedule and applicable state and federal law. SECTION 8 - PERFORMANCE EVALUATIONS A. Frequency: A supervisor has authority to evaluate a subordinate's performance as often as the supervisor deems appropriate, and at least one time each year. B. Process: The evaluation of an employee's performance is an ongoing process. Evaluations must be documented in writing. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee shall sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with his or her supervisor. The employee's signature on the evaluation does not necessarily indicate agreement with its contents. The employee will receive a copy of the evaluation after the meeting with the supervisor(s). C. No Appeal: An employee has no right to appeal any matter relating to a performance evaluation. Instead, the employee may comment on the evaluation in a written statement within 10 days of receipt of the evaluation. The evaluation, and any written comment, will be filed in the employee's personnel file. SECTION 9 - COMPENSATION AND I:iAYROLL PRACTICES Salary Advancements: Probationary employees are eligible for salary advancement coinciding with the successful completion of the probationary period. Permanent employees who have not reached the top grade of their salary range are eligible for a one grade salary advancement annually on the anniversary date of employment. Advancements shall not be automatic, but shall depend upon increased service value of an employee to the Town as evidenced by performance evaluations. Employees who are promoted shall receive an increase in salary within the new salary range over that which such employee had been receiving in the lower class, provided, however, that a salary increase of no tess than five (5%) shall be granted with each promotion. Salary advancements shall be recommended by the Department Head and approved by the Personnel Officer. A. Salary Upon Appointment Employees-hired at the entry grade of a salary range are eligible for a-merit increase after 6 months of employment, i.e., at the conclusion of a successful probationary or introductory period. The employee is then eligible for a merit increase each year thereafter until ~eaching the top grade of the salary range. Employees hired at a grade within a salary range are eligible for a merit increase one year after commencing employment and each year thereafter until reaching thetop grade of the salary range. B. Salary Upon Acting Assignment An employcc is entitled to:begin receiving acting pay at the grade in .the acting classification that is at least 5% higher than the employee's regular classification only after 15 continuous work days in the classification and only if all of the following criteria are met: · The department head assigns the employee to work in a permanent position that is vacant, or whose incumbent is absent; · The salary range of the assigned classification is at least 5% higher than the employee's regular classification; and · The employee performs all of the duties of the higher-paid classification for 15 continuous days. C. Salary Upon Transfer An employee who is transferred from one position to another in the same classification, or to a position in a different classification, is paid at the same grade in the new salary range. D. Salary Upon Reclassification 1. fleclassification to a Higher Salary Range When an employee is reclassified to a position within a classification that has a higher salary range than the prior classification, the employee receives pay at the first step of the new classification's salary range. 2. Reclassification to a Lower Salary Range An employee receives a Y-rated salary upon reclassification to a position with a lower salary range than the prior classification. "Y-rated" means that the employee's salary remains the same until his/her new position would earn him/her more. The lowest grade of the salary range to which the employee has been reclassified must first reach the level of the reclassified employee's grade before he or she will receive a salary increase. E. Salary Upon Promotion An employee who is promoted receives the first salary step in the promotional classification which is at least 5% higher than the employee's prior salary. F. Salary Upon Demotion for Cause An employee who is demoted for cause receives the lower salary assigned to the demoted classification and at the same step that the employee held prior to demotion. G. Salary Upon Demotion Due to Layoff An employee demoted pursuant to a layoff receives the lower salary assigned to the demoted classification that is closest to his or her salary prior to layoff. H. Pay for Performance Salary Increase Merit salary increases are granted at the discretion of the department head and solely upon outstanding job performance. There is no entitlement to a merit increase. Only regular employees are eligible for merit increases. No employee is entitled to receive an increase that exceeds the maximum rate established for his or her classification. I. Overtime Compensation 1. Prior Approval Required. Overtime-eligible employees are not permitted to work overtime except as the department head authorizes or directs. No employee may work overtime without receiving the approval of the appropriate supervisor prior to performing the work. Working overtime without advance approval is grounds for discipline. 2. "Overtime" Defined. Unless otherwise stated in a memorandum of understanding, "overtime" is all hours an overtime-eligible employee actually works over 40 in his or her work week. Overtime is compensated at 1.5 times the Fair Labor Standards Act regular rate of pay. Only actual hours worked shall be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay. No overtime shall be recorded or reported for less than 8 minutes of work. J. Compensatory Time Off. 1. Supervisor Approval Required Before Work. An employee may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to overtime work being performed. 2. Accrual Rate.. CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee's work week. CTO cannot be accumulated in excess of 120 hours at any given time or in excess of 60 hours at the end of any fiscal year. 3. Employee Request8 to Use CTO. The Town will grant an employee's request to use accumulated CTO provided that: 1) the department can accommodate the use of CTO on the day requested; and 2) the employee makes the request no later than five days prior to the date requested. If the employee does not provide five days' notice, or if the department cannot accommodate the time off; the Town will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period. 4. Town Cash Out. :~The Town reserves the right tocash out accumulated CTO at any time. 5. Employee CaSh Out. During employment, CTO is cashed out at the employee's current FLSA ,regular ,rate of pay (including all FLSA-applicable salary differentials). Terminating employees shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher. K. ~l~rohibited Salary Deductions Notwithstanding any other provision in these Rules, ~the Town will not reduce*the pay of any FLSA-exempt employee for any of the following reasons: a. Any disciplinary-penalty other than a major safety violation, except when the emptoyee does not work any hours in the employee's ~NOrk day or work week; b. Jury duty; c. Temporary military leave; or d. Witnessleave except when the leave is to pursue ~the employee's own legal action. SECTION 10 - TRAVEL POLICY A. Policy The Town will reimburse certain travel costs for employee travel that is related to Town business. Ali employee travel, travel schedules and travel expenses must receive prior approval from the Administrative Services Department. The Administrative Services Department will determine on a case-by-case basis: (1) whether or not particular travel is considered to be for Town business and therefore subject to the terms of this policy, and (2) whether or not the employee travel time in question is considered hours worked and therefore subject to the FLSA rules governing employee travel time. 33 B. Advances With approval, the Town will advance the full estimated cost of attendance at meetings, conferences and training sessions. The Administrative Services Department will issue separate checks for lodging, registration or travel when requested. Requests for advances should be submitted as early as possible. ADVANCE CHECKS WILL BE ISSUED EVERY FRIDAY FOR REQUESTS RECEIVED THE PREVIOUS WEDNESDAY. Requests for travel not following these procedures will be accounted for on a reimbursement basis only. C. Rates of Compensation 1. Mileage: Authorized travel on Town business using privately-owned vehicles shall be compensated at the prevailing IRS mileage rate. Travel using any other vehicle or mode of transport shall be compensated in accordance with actual costs incurred. The Department Head shall certify that the compensation for travel is at the most economical means in accordance with this policy. 2. Meal Allowance: Employees traveling on Town business are entitled to a meal allowance to be compensated at the prevailing IRS per diem rate tables using the high-low method if the employee is required to be away from his or her normal place of business. TO qualify for meal allowance, travel must be to a destination greater than 30 miles outside the Town. Breakfast will be reimbursed for travel prior to 7 a.m. and dinner will be reimbursed for travel after 7 p.m. When travel is wholly between the hours of 7:00 a.m. and 7:00 p.m., lunch is the only meal expense that may be claimed. Employees shall receive reimbursement by submitting a reimbursement request. Advances or reimbursement requests will be adjusted to account for meals included in meeting registration fees. Meals included in the registration fee, but not eaten, cannot be claimed for reimbursement under the above schedule. Also, if a separate charge is made for fixed meals that are integral to a meeting or training session, the Town will reimburse the full cost of such a meal. *Examples of high cost travel areas include New York, Chicago, Los Angeles, San Francisco, Washington, D.C., San Jose, Monterey, San Diego, and Palm Springs. High cost area designation will be indicated by the published Federal Government per diem rate. 3. Lodging: The Town will reimburse the actual cost of reasonable lodging required for overnight travel. Cost is the base room rate charged plus lodging taxes. All persons incurring overnight lodging costs on behalf of the Town will seek appropriate economical lodging accommodations. Whenever feasible, sharing of accommodations is encouraged. 34 The following items will not be reimbursed: a. Lodging costs in private homes b. Phone calls not strictly related to Town business c. In-room television or movie costs d. Personal expenses 4. Incidental Expenses: In addition to any mileage, meal or lodging expenses, an employee traveling on Town business shall be reimbursed for incidental expenses incurred. Incidental expenses shall include, but are not limited to. such items as: a. Ferry and toll bridge fares b. Taxi,fares c. Registration fees at conferences and conventions d. Parking fees e. Tips for Sky Caps, Bell Hops (not to exceed $10.00 per trip) 5. Personal Expenses: No personal expenses, including but not 'limited to barbering, alcoholic beverages, entertainment, laundry, or dry cleaning shall be eligible for reimbursement. SECTION 11 -*EMPLOYMENT OF RELATIVES A. Definitions The following definitions apply to'this Rule: 1. "Relative"means spouse, domestic partner, child, step-child, parent, :grandparent, grandchild, brother, .sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, brother-in-law or sister-in-law. 2. "Spouse" means two persons.~who have a ~-valid marriage and who are wife and husband. 3. "Supervisory relationship" means one in which one exercises the right to control, direct, reward, or punish another by virtue of the duties and responsibilities assigned to his or her Town appointment. 4. "Employee", for purposes of this section only, is one who receives a Town payroll check for services rendered. B. Policy as to Relatives A Department Head has discretion not to appoint, promote or transfer a person to a position within the same department in which the person's relative already holds a position, when such employment would result in any of the following: · A direct or indirect supervisory relationship; · The two employees having job duties which require performance of shared duties on the same or related work assignment; · Both employees having the same immediate supervisor; or · A potential for creating an adverse impact on supervision, safety, security, morale or efficiency that is greater for relatives than for unrelated persons. C. Policy as to Spouses If two Town employees who work in the same department become spouses, the department head has discretion to transfer one of the spouses to a similar position in another department. Although the wishes of the spouses will be given consideration, the department head retains sole discretion to determine which spouse is to be transferred based upon Town needs, operations, or efficiency. Notwithstanding any provision in these Rules, any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal. If continuing employment of both spouses cannot be accommodated in a manner the department head finds to be consistent with the Town's interest in the promotion of safety, security, morale, and efficiency, then the department head retains sole discretion to separate one spouse from Town employment. Absent the resignation of one spouse, the less senior spouse will be separated. Notwithstanding any provision in these Rules, any such separation is not considered to be disciplinary and is not subject to any grievance or appeal. SECTION 12- FITNESS FOR DUTY A. Current Employee Examinations: The Town Manager or designee may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when: 1) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; and 2) there is reason to question the employee's ability to safely or efficiently complete work duties. B. Role of Health Care Provider: A Town-selected health care provider will examine the employee at Town expense. The Town will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee's job. The health care provider will examine the employee and provide the Town with non-confidential information regarding whether: 1) the employee is fit to perform essential job functions; 2) there are any reasonable accommodations that would enable the employee to perform essential job functions; and 3) the employee's continued employment poses a threat to the health and safety of him or herself or others. Should .the health care provider exceed the scope of the Town's request and provide confidential health information, the Town will ~return the report to the health care provider and request another report that includes only the non- confidential fitness for duty information that the Town has requested. C. Medical Information: During the course of a fitness for duty examination, the Town will not seek or use information regarding an employee's ~medicat history, diagnoses, or course of treatment without an employee's written authorization. (See form for Authorization for Release of Medical Information.) D. ~Medical Information from the Employee's Health Care Provider: An employee may submit confidential medical information to the Town from his or her personal health care provider. If the employee provides written authorization, the Town Manager will submit the information that the employee provides to the Town-paid health care provider who conducted the examination. The Town Manager will request the Town-paid health care provider to determine whether the information alters the original fitness ~for duty assessment. E. Interac'tive Process Discussion: After receipt of both the health care :provider's fitness-for duty ,report, and the analysis of the employee's personal health care information (if any) the Town Manager will arrange for a discussion or discussions, in person or via conference telephone call, with the employee and his or her representatives, (if any). The purpose of the discussions will:be to work in good faith to fully discuss all feasible potential reasonable accommodations. During the discussions, the Town Manager will also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave. F. .Determination: After the discussions, the Town Manager will review the infor- mation received, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on Town finances or operations. The Town Manager will inform .the employee of his or her determination. The Town Manager will use his or her discretion based upon the particular facts of each case. SECTION 13. DISCIPLINARY ACTION 1. Policy: Prior to the suspension, demotion, reduction in pay, or discharge of a regular employee for disciplinary purposes, the procedure set forth in this rule shall be complied with. Paid administrative leave pending completion of a disciplinary investigation shall not constitute discipline, nor require compliance with the procedures set forth in this rule. 37 2. Grounds for Discipline include, but are not limited to, the following: a) Fraud in securing employment or making a false statement on an application for employment. b) Incompetency, i.e., inability to comply with the minimum standard of an employee's position for a significant period of time. c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. d) Willful disobedience or insubordination, a willful failure to submit to duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning the authority of a supervisor or manager. e) Dishonesty involving employment. f) Possession, distribution, sale, use, or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a Town vehicle or potentially dangerous equipment leased or owned by the Town. g) Excessive absenteeism. h) Inexcusable absence without leave, including the failure of an employee absent without leave to return to duty within twenty-four hours after notice to return. i) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. j) The conviction of either a misdemeanor or a felony related to the position held will constitute grounds for dismissal of any employee. The record of conviction will be conclusive evidence of the fact that the conviction occurred. The Administrative Services Director may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere is deemed to be a conviction within the meaning of this Section. k) Discourteous treatment of the public or other employees. I) Improper or unauthorized use of agency property. m) Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment. n) Any willful act or conduct undertaken in bad faith, either during or outside of duty hours which is of such a nature that it causes discredit to the agency, the employee's department or division. o) Inattention to duty or negligence in the care and handling of Town property. p) Violation ofthe rules and regulations in any department. q) Outside employment not specifically authorized. r) Acceptance from any source of a reward, gift, or other form of remuneration in.addition to regular compensation to an employee for the performance of his or her official duties. s) The refusal of any officer or employee of the Town to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is .involved shall constitute of itself sufficient ground for-the immediate discharge of such officer or employee. t) Willful violation of any of the provisions of an ordinance, resolution, rule, regulation or policy prescribed by the department or Town. u) Improper political activity. Example: Campaigning for or espousing the election or non-election of any candidate in national, state, county or municipal elections while on duty and/or during working hours or in Town uniform on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform. v) Working overtime without authorization. w) Possession of weapons on agency :property unless authorized. x) Making false or malicious statements concerning any employee, the Town or the Town's policies or practices. 3. Levels of Discipline a. Counseling Memo: · A counseling memo shall become part of the employee's permanent record, and may not be appealed under this policy. 39 b. Oral Admonishment or Reprimand: · An oral admonishment or reprimand shall be memorialized in writing, become part of the employee's permanent record, and may not be appealed under this policy. c. Written Admonishment or Reprimand: · A department head may reprimand an employee by furnishing him/her with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee's personnel file, and may not be appealed. The employee shall have the right to have a written rebuttal attached to the reprimand in the employee's personnel file. d. Suspension: · The department head may suspend an employee from his or her position for cause. Documents related to a suspension shall become part of the employee's permanent record. An employee subject to suspension will receive prior written notice and appeal as provided herein. Except for a violation of a major safety rule, exempt employees may not be subject to suspensions other than in full workweek increments or full day increments. FLSA-exempt employees who believe they have been disciplined in violation of this policy may contact the Personnel Director who will conduct an investigation and take appropriate action. e. Demotion: · The department head may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee's permanent record. An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein. f. Reduction in Pay: · The department head may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: 1) a decrease in salary to a lower step within the salary range; or 2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall become part of the employee's permanent record. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are only subject to a reduction in pay for major safety violations, except when the employee does not any hours in the employee's work day or work week. g. Discharge: · The department head may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an 40 employee's permanent record. A discharged employee is entitled to prior written notice and appeal based upon the terms described herein. 4. Written Notice: Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include a statement of the reason(s) for the proposed action and the charges(s) being considered. 5. Employee Review: The employee shall be given an opportunity to review the documents or materials upon which the proposed disciplinary action is based, and, if practicable, the employee shall be supplied with a copy of the documents. 6. Employee Response: Within;five (5) working days after the employee has had the review opportunity provided above, the employee shall have the right to respond, orally or in writing, at the.employee's option, to the appointing authority concerningthe proposed action. 7. Relief of Duty: ~Notwithstanding the provisions of this Rule, ,upon the recommendation of the Personnel Director, the Town Manager may approve .the temporary assignment of an employee to a status of leave with pay pending conduct or completion of such investigations or opportunity to respond as may be required to determine ifdisciplinary action is to be taken. ~8. Appeal: Regular employees may appeal disciplinary actions pursuant to the grievance procedure established within these Rersonnel System Rules. SECTION 14 - LAYOFF POLICY AND PROCEDURE. A. Statement of'Intent: Whenever, in the judgment of the Town Council, it becomes necessary, 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. B. Notification: Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar day's prior notice. C. Vacancy and Demotion: Except as otherwisepmvided, wherever there is a reduction in the .workforce, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with Section F is qualified. All persons so demoted shall have their names placed on the re-employment list. D. Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once 4] had permanent status. For the purpose of this section and Section E, seniority includes all periods of full-time service at or above the classification level where layoff is to occur. E. Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Director within five (5) working days of receipt of notice of layoff. Employees retreating to a lower or similar class shall be placed at the salary grade representing the least loss of pay. In no case shall the salary be increased above the received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series. F. Employment Status: In each class of position, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. In cases where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to layoff as follows: First, all employees having ratings of "improvement needed;" Second, all employees having ratings of "competent;" Third, all employees having ratings of "outstanding." Employees within each rating category shall be laid off in inverse order of seniority in Town service. G. Re-Employment List: The names of persons laid off or demoted in accordance with these rules shall be entered upon a re-employment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from an eligible list. H. Duration of Re-employment List: Names of persons laid off shall be carried on a re-employment list for one year, except that persons appointed to permanent positions of the same level as that which are laid off, shall, upon such appointment, be dropped from the list. Persons who refuse re-employment shall be dropped from the list. Persons re-employed in a lower class, or on a temporary basis, shall be continued on the list for the higher position for one year. 42 SECTION ! 5. - LEAVES OF iABSENCE A. Attendance: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall kccp daily attendance records of employees which shall be reported to the Personnel DireCtor in the form and on the dates as specified. Failure on the part of an employee, absent without leave, to return to duty within twenty-four (24) hours after notice to return shall be cause for disciplinary action. B. Absence: Employee absence is subject to the following: 1. Definitions .Planned Time Off: Vacation, compensatory (comp) time, sick leave (e.g., doctor, vision or dentist appointment), or administrative leave requested at least one day prior to the day off and approved by your supervisor. If time off is requested on the same day (e.g., calling in the morning or requesting to take the afternoon off) and is approved by the supervisor, it will be counted as an excused absence. 'Excused absences ,to care for family members shall~not-be considered in evaluating or disciplining employees~ Excused Absences: Sick days of one to two days; sick days of three or more days in a row with documentation of a visit to a hospital or doctor; orvacation, comp time, or administrative leave requested on the same day and approved by the supervisor. Unexcused Absences: Taking time off without supervisor approval or notification to 'supervisor of illness; taking sick days without being ill or caring for an ill dependent; taking sick days of three days or more and not providing documentation of hospital or doctor visit. 2. Supervisor Notification of Illness When an employee is ill and will not be reporting to work, he/she must contact his/her supervisor no later than one hour prior to the beginning of the employee's scheduled work shift. In some circumstances this requirement may be waived. The employee may be required to provide doctor certification of an absence due to illness that lasts more than three days. 3. Absences and Annual Evaluations Supervisors shall utilize this policy as suggested guidelines for evaluating and/or disciplining employees for absences, but shall assess each case on its own merit. In assessing your absences as part of your annual evaluation, absences will be treated as follows: 43 a. (Substantially Below Expectations) - Has frequent unexcused absences Two or more unexcused absences per year. b. (Below Expectations) - Has frequent excused or unexcused absences More than six sick days or other excused absences for the year; does not include planned time off or extended illnesses or medical problems requiring hospitalization or other emergencies (e.g., death in immediate family); no more than one unexcused absence. c. (Meets Expectations) -Has occasional excused absences Approximately six or less sick days or other excused absences for the year; does not include planned time off or extended illnesses or medical problems requiring hospitalization or other emergencies (e.g., death in immediate family); no unexcused absences. d. (Exceeds Expectations) -Absent only in case of verified emergency Two to three sick days for the year; does not include planned time off or extended illnesses or medical problems requiring hospitalization or other emergencies (e.g., death in immediate family); no unexcused absences. e. (Substantially Exceeds Expectations) - Never absent, excused or unexoused Planned time off only; zero sick days or other excused or unexcused absences for the year. 4, Other This policy does not cover State and Federal laws regarding sick, family medical leave, or pregnancy leave. Leave taken pursuant to these State and Federal laws will be consistent with these laws. This policy does not cover all situations and modifications may be made for extraordinary situations. C. Military Leave: The Town provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 et. seq. ("USERRA") and applicable state laws. An employee requesting military leave must provide the department head a copy of the military orders that specify the dates site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. 44 D. Leave of Absence Without Pay/Personal Leave: The Town provides leaves of absence without pay to regular full time employees who wish to take time off from work duties to fulfill obligations. As soon as eligible employees become aware of the need for a personal leave of absence, they should request a teave from their supervisor. Personal leave may be granted for a period of up to 30 calendar days in any 12 month period following completion of six months of successful performance. Extension of the leave of absence may be considered upon application of the Department Head to the Town Manager. All requests for leaves of absence must be in writing and must establish reasonable justification for approval of the request. Requests for personal leave will be evaluated based on a number of factors including anticipated work load requirements and staffing considerations during the proposed period of absence. -Any leave of absence without pay exceeding fiffeen(15) calendar days shall cause the employee's salary anniversary date to be postponed the number of calendar days equal to the number of days of the unpaid leave. All accrued vacation must be taken before unpaid leave can begin. Subject to the terms, conditions, and limitations of the applicable plans, health insurance benefits will be provided by the Town until the end of the month in which the approved personal leave begins. At that time, employees will become responsible for the full costs of these benefits if they wish coverage to continue. When the employee returns from personal leave, benefits will .again be provided by the Town according to the applicable plans. Benefit accruals such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment. Employees shall be required to use all vacation, compensatory and administrative leave balances prior to going on an unpaid leave. Failure of the employee to report to work promptly at the expiration of the approved leave period may be cause for dismissal. E. Annual Vacation Leave: The purpose of annual vacation leave is to enaZ)le each eligible employee annually to return to work mentally refreshed. All employees in the competitive service shall be entitled to annual vacation leave with pay except the following: (a) Employees who have served less than 6 months in the service of the Town. However, vacation credits for the time may be granted to each such employee who later receives regular employee status. (b) Employees who work on a provisional or seasonal basis, and all employees who are not regularly employed in regular positions. Eligible employees shall earn vacation credits as follows: Years of Service Number of Working Hours/Month 1-4 inclusive 6.6667 hours per month 5-11 inclusive 10 hours per month 12 and over 13.3334 hours per month Regular employees who work less than full time shall be credited vacation on a pro- rated basis. An employee starting work after the first day of a month will earn pro-rate credit of vacation benefits for that month. This rule will not run contrary to the provisions of this section. Pro-rata credits shall be determined by dividing a month into four quarters and benefits accruing in no less than two (2) hour increments. For purposes of computing annual vacation leave, a working day shall be considered as 1/5 of the number of working or duty hours in the established work week. The times during a calendar year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee cannot take part or all of annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. Any eligible employee, with the consent of the department head, may defer annual vacation to the succeeding year, subject to the provisions of this rule. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. An employee may accumulate up to and including two hundred forty (240) hours of vacation leave at which point the employee will not accrue additional vacation leave until the accrued leave amount drops below 240 hours. Employees who separate from Town employment shall be paid for all accrued vacation leave earned prior to the effective date of separation. No such payment shall be made for vacation accumulated contrary to the provisions of these rules. F. Sick Leave: The Town provides paid sick leave benefits to all regular employees for periods of temporary absence due to illnesses or injuries. Regular eligible employees will accrue sick leave benefits at the rate of 8 hours per month of service. The Introductory Period does not have to be completed before sick leave can be taken. Employees may use sick leave as it is accrued. Paid sick leave can be used in minimum increments of one hour. 46 Sick leave benefits are calculated on the basis of a "benefit year," the 12-month period that begins with the employee's appoi~ment. An employee's benefit year may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation. Sick leave benefits will be calculated based on the employcc's base pay rate at the time of absence and will include any special forms of compensation, such as incentives or shift differentials. Employees who work a flex time schedule will use sick leave based on the number of hours they are scheduled to work. An employee with adequate accrued sick leave who works four tens, for example, would receive ten hours of sick pay for one day's absence. Employees Who are unable to report to work due to illness or injury must notify'their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. If an employee is absent for three or more consecutive says due to illness or,injury, a physician's statement may be required verifying .the disability, its beginning and expected ending dates, and confirming the date that the employee may safely return to work. Such verification may be requested for other sick leave absences as well and may be required a condition to receiving sick leave benefits. Sick leave may be used for dependent illness. The dependent must be an immediate family 'member or domestic partner living in the employee's home. Sick leave may not be used for dependent dental appointments. As an additional condition of eligibility for sick leave 'benefits, an employee on an extended absence must apply for any other available competition and benefits, such as Workers' Compensation. Sick leave benefits will be used to supplement any payments that an employee is eligible to receive from Workers' Compensation or disability insurance. The combination of any such disability payments and sick leave benefits cannot exceed the employees' normal earnings. Unused sick leave benefits will be allowed to accumulate until the employee has accrued a total of 1000 hours of sick leave benefits. If the employee's benefits reach this maximum, further accrual of sick leave benefits will be suspended until the employee has reduced the balance below the limit. Sick leave benefits are a privilege rather than a right. They are intended solelyto provide income protection in the event of illness or injury. Sick leave used will not be counted as hours worked for purposes of determining overtime. Sick Leave,Benefit Incentives: Annually - For employees with a sick leave hours balance in excess of 240 (30 47 days), time that must elapse prior to disability insurance taking effect 25% of the annual accrual (12 days accrued annually) less the amount taken for the year, is eligible for cash out (at the then current hourly rate). Employees who have successfully completed probation are eligible. The employee may either cash out the eligible hours or retain the hours as part of their balance. For mid-managers, if the amount is placed into a deferred comp account, the Town will match that amount with an additional deferred comp contribution. Cash out would occur during the first payroll in December of each year. 5 to 10 Years of Service -Upon separation, for employees with greater than 5 years but less than 10 years service, 25% (50% for mid-managers)of the sick leave balance may be paid in cash at the then-current hourly rate, for up to a maximum of 360 hours. In cases of retirement, the employee may cash out the 25% or retain it as part of the balance to be reported to PERS for the Sick Leave Credit. 10 Plus Years of Service - Upon separation, for employees with 10 or more years of service, 50% of the sick leave balance may be paid in cash at the then-current hourly rate, for up to a maximum of 360 hours. In cases of retirement, the employee may cash out the 50% or retain it as part of the balance to be reported to PERS for the Sick Leave Credit. To comply with Labor Code section 233, any employee with accrued sick leave may use up to half of the annual leave benefit to care for an ill child, spouse, domestic partner, child of a domestic partner, or parent. All conditions and restrictions on the employee's use of sick leave also apply to sick leave use for family illness. G. Holidays: Municipal employees shall be entitled to the following holidays: New Year's Day (January 1) Martin Luther King Jr. Day (third Monday in January) President's Day (third Monday in February) Memorial Day (last Monday in May) Independence Day (July 4)) Labor Day (first Monday in September) Columbus Day (second Monday in October) Veterans' Day (November 11 ) Thanksgiving Day (fourth Thursday in November) Day after Thanksgiving (fourth Friday in November) Christmas Eve Day (December 24) Christmas Day (December 25) In addition, every day designated by the President or Governor for a public fast, thanksgiving, or holiday and approved by the Town Council shall be a paid holiday for Town employees. In addition to the recognized holidays listed above, eligible employees will receive one floating holiday each year. This floating holiday will be earned on a pro-rata basis for 48 new employees. Any unused floating holiday hours at the end of the fiscal year will be added to the vacation hour's balance. These holidays must be scheduled with the prior approval of the employee's supervisor. To be eligible for holiday pay, an employee must work on the regular work day before and the regular work day after a paid holiday or be. on an approved paid leave of absence the day before and the day after. Approved paid leave of absence is defined as .paid sick leave, paid vacation, paid floating holiday, or paid authorized leave of absence. All regular full-time employees who meet 'the "day before/after" criteria discussed above are eligible for holiday pay whether or not the Introductory Period has been completed. Holiday pay will be eight (8) hours compensation calculated on the employee's straight- time pay rate (as of the date of the holiday). Employees working aflex schedule (i.e., four tens) will be compensated eight (8) hours for a paid holiday. If a recognized holiday occurs when an eligible employee is on an approved paid leave of absence, that day off will not be subtracted ~from the employee's paid teave. Management 'has the'right and the responsibility to schedule work hours. This includes the right to schedule employees to work on holidays and to schedule work to avoid working on holidays. Employees who are required to work more than thirty-two (32) hours in a week containing a~'ecognized holiday will be paid at an overtime rate for -those hours in excess of thirty-two (32). When a recognized holiday'falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Paid time off for holidays will be counted as-hours worked for the purpose of determining overtime. H, ;Bereavement Leave: Bereavement leave with pay shall be granted to all regular and probationary employees upon the death of a family member. "Family Members" are defined as spouse, child, parent, sibling, grandparent, grandchild, anyone with whom the employee has had a extended relationship or any relative living in the same permanent residence as the employee. Such leave of absence is not to exceed three (3) days, or five (5) days if out-of-state travel is required. Salary may be reduced in the amount required to pay a substitute. Additional leave for other reasons may be granted at the discretion of the Personnel Officer. I. Jury Duty and Court Appearances: Every classified employee of the Town who is called or required to serve as a trial juror, upon notification and appropriate verification submitted to the supervisor, shall be entitled to be absent from duties with the Town during the period of such service or while necessarily being present in court as a result of such call. The employee shall be compensated for the time actually spent serving as a juror, without a deduction to vacation, comp time or sick leave hours balances. The hours for which the employee is compensated will not include travel time and will not be considered actual hours worked for computing overtime. Any employee serving as a juror or prospective juror shall be allowed to serve up to a maximum of (10) days per fiscal year. To receive compensation for any additional rime off taken in 49 conjunction with jury duty, the employee must receive supervisor approval, and the employee must use vacation or comp time hours. The employee shall submit to the Town any payment received for jury duty, except travel pay. If an employee is summoned for jury duty on a regularly scheduled day off, there shall be no compen- sation from the Town, and the employee may, retain all payments received for that time served. J. Family and Medical Leave: Any eligible employee may be granted a family and medical leave subject to the provisions of the California Family Rights Act and the Family Medical Leave Act in effect at the time the leave is granted. A family and medical leave may be granted for any of the following reasons: 1. Birth of a child of the employee. 2. Placement of a child with an employee in connection with the adoption or placement in foster care of the child by the employee. 3. To care for a child, parent or spouse with a serious health condition 4. A serious health condition that makes the employee unable to perform the functions of his/her position. 5. To care for a newborn child (birth to 12 months of age). Definitions: The definition of terms used in conjunction with the family and medical leave are as follows: "Eligible Employee" means: 1. An employee who has been employed with the Town for at least 12 months; or 2. Has been employed by the Town for at least 1,250 hours during the 12 month period immediately preceding the commencement of the leave. "Serious health condition" means: An illness, injury, impairment, physical or mental condition of a child, parent, spouse or employee which warrants the participation of a family member to provide care during a period of the treatment or supervision and involves: 1. Any period of incapacity or treatment in connection or involving a hospital, hospice, or residential medical care facility; 2. Any period of incapacity requiring absence from work, school or regular daily activities of more than 3 calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or 50 3. Continuing treatment by a health care provider for a chronic or long term heath condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than 3 caJendar days or any period of incapacity due to pregnancy or prenatal care. "Continuing treatment" means: 1. Two ormore visits to a health care provider; 2. Two or more treatments by a health care practitioner on referral from, or under the direction of, a health care ~provider; or 3. A single visit to a health care provider.that results in a regimen of continuing treatment under the supervision of a health care provider. "Health Care Provider" means: 1. An individual holding a physician's or surgeon's license, or osteopathic licensed in California; 2. ~Podiatrists, dentists, clinical psychologists and optometrists; 3. Chiropractors, nurse practitioners and nurse-midwives who are licensed and performing within the scope of their practice under California law; 4. Christian Science practitioners listed with the :First Chumh of Christ, Scientist in Boston, Massachusetts; and 5. Any .health care provider from whom an employer or group health plan's benefits Administrative Officer will accept certification of the existence of a serious health condition to substantiate a claim for benefits. "Child" means: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in Ioco parentis (who has parents' rights) who is either under age 18, or an adult dependent child. An adult dependent child is an individual who is 18 years of age or older and who isincapable of self-care because of a mental or physical disability. "Parent" means: A biological, foster, or adoptive parent, a stepparent, or legal guardian. Parent does not include a parent-in-law or grandparent. An eligible employee shall be entitled to family and medical leave up to a total of 12 workweeks during the 12 month period that begins on the first day of qualifying leave. 51 An eligible employee does not need to take family and medical leave in one continuous period of time. However, this leave must be taken in periods of hours or days. Leave can be taken retroactively before the conclusion of the leave if the employee requests it and it meets all qualifications. Intermittent Leave or Reduced Work Schedule When medically necessary, leave may be taken intermittently or on a reduced work schedule: 1.Intermittent leave is taken in separate blocks of time due to a single illness or injury. 2. Reduced leave means a leave schedule that reduces the employee's usual number of hours per workweek or workday. Should an employee request intermittent or reduced leave when medically necessary, the employee may be required to transfer temporarily to an available alternative position for which the employee is qualified which has equivalent pay and benefits and which better accommodates recurring periods of leave. Type of Leave, Notice to Town and Certification/Recertification For family and medical leave taken for reason of the birth or adoption of a child of the employee, any leave taken shall be initiated within one year of the birth or placement of the child with the employee in connection with the adoption of the child by the employee. For leaves to care for a child, parent or spouse with a serious health condition, the employee shall provide, within 15 days of the leave request if practicable, the written certification from the health care provider containing the following information: 1. The date, if known, on which the serious condition commenced. 2. The probable duration of the condition. 3. An estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent or spouse. 4. A statement that the serious health condition warrants the participation of a family member to provide care during a period of treatment or supervision of the child, parent or spouse. 5. If intermittent leave or reduced leave is requested, the certification should indicate the medical necessity for leave and its expected duration. Upon expiration of the time period which the health care provider originally estimated that the employee needed to care for the family member, the appointing authority shall require the employee to obtain recertification if additional leave is requested If the family and medical leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee .is unable to perform the essential functions of ~he employee's position. If the validity of the certification is questioned, the Town may at its own expense, reqaire the employee to obtain the opinion of a second health care provider chosen by the Town. When the second opinion differs from the first, the Town may require at its own expense, the opinion of a third health care provider approved jointly by the Town and the employee whose opinion shall be considered final and binding. The Town may limit a family and medical leave if a husband and v~ife, both of whom are employed by the Town, request leave for birth, placement for adoption or foster care, or to care for a parent with a serious health condition. The aggregate number of workweeks of leave to which both may be entitled shall be limited to 12 workweeks during any 12 month period. If the event necessitating the leave becomes known to the employee more than 30 calendar days prior to the employee's need for a Jeave, the employee shall'provide, at a minimum, 30 days written advanoe notice to the employer. If the event necessitating the leave is known to the employee less than 30 days prior to the employee's need for a leave, the employee shall provide to the employer as much advance notice as possible. At a minimum, written notice is required no more than 5 working days from learning of the event, unless waived in writing by the Town. If the Family's need for family and medical leave is foreseeable due'to a planned medical treatment or planned supervision of a child, parent or spouse with a serious health condition, the Town may require the employee to provide reasonable advance notice of the need for the leave and to consult with the Town regarding the scheduling of the treatment or supervision so as to minimize the disruption to the operations of the Town. Any such scheduling, however, shall be subject to the approval of the health care provider of the child, parent or spouse. Requests for family and medical leave shall be in writing and shall contain a date on which the leave will commence an expected return to work date, and a statement of the nature of the leave. Benefits While on Leave The employee on a family and medical leave shall be allowed to continue with health, dental, vision and life insurance benefits at the same level as would have been covered if the employee had worked. The employee will be allowed to continue and pay for his/her portion of any group health coverage. If an employee fails to return to work from leave, the Town may recover the employer- paid portion of the premiums during the leave unless the failure to return to work was the result of continuation, recurrence, onset of a serious health condition or other circumstance beyond the control of the employee which has been certified by a health care provider within 30 days of the employee's failure to return to work. Continued health coverage will be assured any employee failing to return to work in accordance with COBRA provisions. Employees shall be required to use all vacation, compensatory and administrative leave balances while on a family and medical leave prior to going on an unpaid leave for the birth, adoption or to care for a family member. If agreed upon by the employee and the appointing authority, sick leave may also be utilized for both, adoption or to care for a family member. Employees shall be required to use sick leave if the family and medical leave is taken for their own serious health condition prior to going on unpaid status. Such vacation, compensatory time, administrative leave or sick leave shall count towards the 12 workweeks of family and medical leave to which the employee is entitled. The Town shall provide the employee, upon granting the leave request, a guarantee of employment in the same or comparable position upon the termination of the leave. This means that the employee must be guaranteed a position that has the same or similar duties and pay which can be performed at the same or similar geographic location as the employee's previous position. An employee whose leave was due to the employee's own serious health condition shall be required to obtain and present fitness for duty certification from the health care provider prior to returning to full duty. Restoration to employment may be denied until the certification is obtained. If an employee is no longer qualified for the position, the employee shall be given a reasonable opportunity to fulfill any conditions required for qualification or the Town shall attempt to make a reasonable accommodation. The Town may deny restoration to a previous position if the employee who has taken family and medical leave is considered a "key" employee (among the highest paid 10% of all employees) if: 1. Denial is necessary to prevent substantial and grievous economic injury to the operations of the Town. 2. The Town notifies the employee of the intent to deny restoration on such basis at the time the Town determines that such injury would occur; and 3. In any case where the leave has commenced, the employee elects not to return to employment after receiving such notice. Any leave of absence without pay exceeding fifteen (15) calendar days shall cause the employee's salary anniversary date to be postponed the number of calendar days equal to the number of days of the unpaid leave. 54 Benefits accruals such as vacation, sick leave, or holiday benefits will be suspended during the leave and will resume upon return to active employment. (Leaves of Absence, continued) K. Donation of Accrued Vacation Time An employee may, upon approval, transfer all or any portion of her/his accrued vacation leave to another employee of the Town. Transfer of vacation ~from one employee to another shall be~permitted only in unusual, unanticipated, emergency situations involving sedous illness or injury of an employee or serious illness, injury, imminent death or death of a member of the employee's immediate family. Transferred time will be credited to the recipient at the equivalent rate at which it was earned .by the donor. For example: A recipient earning a lower hourly rate than the donor will receive more than 4 hours in the case where 4 hours were donated. The recipient will receive his/her equivalent (based on recipient's hourly rate) of the time donated. A request for transfer of vacation leave may be initiated by either the employee in need of additional time or by an employee or employees who wish to donate time to another employee. A request for transfer of vacation leave shall be processed as follows: a. The employee(s) making the request shall do so in writing to his/her Department head. b. The Department Head shall then forward~the request, with recommendation, to the Town Manager. c. The Town shall review the request and recommendation and shall communicate his/her decision to the Department Head. d. Upon receipt of the Town Manager's approval, employees willing to donate accrued vacation leave for transfer to another employee shall do so on the Vacation Leave Transfer Form. e. Completed Vacation Leave Transfer Forms shall be submitted directly to Payroll where the donated time will be credited to the recipient employee's vacation leave account. Donated time will be transferred to the pay rate of the employee making the donation. f. A donor's name may not be released to the recipient unless specifically requested by the donor. g. Participation in this program shall be strictly voluntary. No employee shall be required or expected to participate and no employee shall be subject to coercion or threat or intimidation of any kind for failure to donate vacation leave time pursuant to this program. L. Preqnancy Disability Leave An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four months. Notice & Certification Requirements: Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or department head before the leave begins. The request must be supported by a written certification from the attending physician that the employee is disabled from working by pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department head prior to being taken. Requests for an extension of leave must be submitted in writing to the department head prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four months. Any pregnancy leave of absence without pay exceeding fifteen (15) calendar days shall cause the employee's salary anniversary date to be postponed the number of days equal to the number of days for which the leave was taken. Compensation During Leave: Pregnancy disability leaves are without pay. However, the employee may first use sick leave, vacation leave, and then any other accrued paid time off during the leave. Benefits During Leave: An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off-duty as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted this 12-week group health insurance coverage benefit in the current family medical leave eligibility period. The Town may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave. An employee on pregnancy disability leave who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the Town. Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an employee is on unpaid pregnancy disability leave. Reinstatement: iUpon the expiration of pregnancy leave and the Town's receipt of a. written statement of the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position so long as it was not eliminated for a legitimate business reason during the leave. · If the employee's original position is no longer available, the .employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position. · if upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the Town will initiate an interactive process with the employee in order to identify a potential reasonable accommodation. An employee who fails to return to work after 'the termination of her teave ..loses her reinstatement rights. M. Time Off for*Victims of Violent Crimesor Domestic Abuse An employee who has been a victim of crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults. An affected employee must give the Town reasonable notice that he or she is ~required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, ~the affected employee must, within a reasonable time after the appearance, provide the Town with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses accrued time off. N. Workers' ComPensation Disability~Leave The Town will grant workers' compensation disability leave to employees with occupational illnesses or injuries in accordance with state law and/or reasonably accommodate such employees with modified work when appropriate. Notice Requirement: Employees must report all on duty accidents, injuries and illnesses--no matter how small--to their immediate supervisor as soon as possible. Compensation During Leave: Employees may first utilize any accrued sick time and then any other accrued paid time off during the leave. All such payments will be coordinated with any short or long-term disability, workers' compensation, or other wage 57 reimbursement benefits for which employees may be eligible. At no time shall an employee receive a greater total payment than the employee's regular salary. Sworn employees may be entitled to receive their full salary while temporarily disabled by on- the-job injuries for a period of time. O. School-Related Leaves An employee who is a parent, guardian or grandparent with custody of a child in a licensed day care facility, kindergarten or grades 1-12, inclusive, may request unpaid time off to visit that facility or school as described below. School Activities: An employee may take off up to 8 hours without pay each month (up to a maximum of 40 hours each calendar year), to participate in the activities of the facility or school, provided that the employee gives reasonable notice to the Town of his or her proposed absence. An employee may utilize his or her existing accrued vacation time or other accrued paid time off. The Town requires the employee to provide documentation from the school or licensed day care facility, within 5 days of the leave, as proof that the employee participated in the school or licensed day care activities on a specific date and time. If both parents of a child work for the Town, only one parent..the first to provide notice-- may take the time off, unless the Town approves both parents taking time off. School Leave - Suspension: An employee who is the parent or guardian of a child who has been suspended from school, and who the school has directed to attend the child's school, may have unpaid leave for this purpose. The employee should alert his or her supervisor as soon as possible so that alternative arrangements may be made. The employee may utilize his or her accrued vacation time. SECTION 16 - COMPREHENSIVE ELECTRONIC MEDIA POLICY A. Purpose This policy governs the use of all electronic media by Town employees. B. Scope This policy applies to electronic media and all documents, recordings, and other data contained in or recoverable from such media, used by the Town of Truckee. Electronic Media includes all types of electronic equipment, such as computers, computer peripherals, PDA's, computer software, laptops, voice mail, electronic mail (e-mail), Internet access, World Wide Web access, online information services, and any other electronic type of equipment that the Town deems as electronic media. 58 1. Employer Equipment This policy applies to alt electronic media provided by the Town of Truckee as well as electronic media used on the Town's property. 2. Confidential Records This policy does not apply to access to any law enforcement, medical, financial, or client information, which is designated as confidential by state or federal law or regulation. Nothing in this policy allows, or shall be interpreted to allow, any person not authorized by law to receive or review such confidential information to do so. Any person attempting to access or accessing confidential information wilt be subject to disciplinary action, up to and including termination. C. Policy Electronic media are provided for the use of Town employees for business- related purposes. They may not be used for personal purposes or any other purposes unrelated to Town's business except where specifically authorized by the Department Head or Supervisor. Any such authorization, shall be granted only if the use will not be disruptive:to the workplace and will occur only during the employee's~lunch period or · .~ other authorized break. Employees.shall have no expectation that-information they ~ convey, create, file, or store in such media will be confidential or private, except as set forth in Section B 2. No employee, under any circumstances, shall use electronic media for any of the following purposes: view, research or otherwise access any information containing sexually explicit or pornographic materials, terrorist materials or organizations, recreational games, chain letters, use for personal gain, solicitations, messages which constitute discrimination or harassment under state or federal law, or other unlawful actions. Hacking is unauthorized and is a violation of the Federal Electronic Communications Privacy Act (ECPA) 18 U.S.C. § 2510. Except as set forth in Section B 2, the Town Manager or Department Heads of the Town have the right to enter, search, .monitor, copy and/or retrieve the computer files, voice mail, e-mail, or any type of electronic file of any employee, without notice, including but not limited to investigating theft, disclosure of confidential business information, use of the system for personal reasons, or for any other purpose at any time. Employees must receive advance approval from their department head before adding personal software programs to the Town's computers. Copyrighted electronic files shall not be copied or transferred without all legally required written permission. Downloading a file from the Internet can bring viruses with it. Employees shall scan all downloaded files with Town virus protection software and only after prior authorization. D. Use of Electronic Media 1. Computers, Computer Software, Laptops and Computer Files The Town's computers, software and files stored on the computer or network are Town property and may only be used for its business purposes. Although employees have passwords that restrict access to their computers, the Town may access any files stored on or deleted from the computer system. Except as set forth in Section B 2, the Town reserves the right to access such information for any lawful purpose at any time. All software that resides on any of Town's computers must be licensed to the Town of Truckee. 2. Online Information Services Use of online information services, such as the Internet and the World Wide Web, is restricted to approved plans/services provided by the Town of Truckee. Online information services may be used only in a manner consistent with this policy. Access to online services should be limited to a reasonable amount of time. The standard for a reasonable amount of time shall be established at the discretion of the department head or supervisor. 3. Voice Mail Although employees have passwords that restrict access to voice mail messages left for them on the system, employees should be aware that the department head or supervisor can access any messages stored in the voice mail system and may do so for any reason at any time. Therefore, employees may not assume that such messages are confidential. 4. E-mail Electronic mail addressed to, generated by, or received on Town's computers or servers is the property of the Town and may only be used for purposes consistent with this policy. As with voice mail, although employees have passwords that restrict access to their computers, the department head or supervisor may access any files or e-mail messages stored on or deleted from the computer system. The Town reserves the right to access such information for any purpose at any time. 1. Routine e-mail messages are not intended to be retained as public records in the ordinary course of Town business. Pursuant to Government Code Section 6254(a), preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the Town in the ordinary course of business are generally exempt from disclosure as public records, unless the public interest in withholding those records outweighs the public interest in disclosure as determined on a case by 60 case basis after consultation with the Town Attorney. 2. In accordance with the Town's Records Retention Schedule, e-mail messages must be electronically deleted from all computer devices and system on the 30th day after receipt, whether deleted by the user or not. E-mail messages that are intended to be retained for long-term storage should be placed in the appropriate subject file, in hard copy. Such e-mail messages will be subject to the Town's Record Retention Schedule and maybecome public records unless exempt from disclosure under other applicable provisions of~the Public Records Act (e.g., personnel files, attorney-client communications, etc.) 3. Sent e-mail messages are to be electronically deleted from all computer devices on the 7th day after they are sent. 4. Deletede-mail messages are electronically deleted when a user logs out of the system at the close of each workday. 5. Voicemail message that have been heard should be electronically deleted on the 15th day after receipt and voicemail messages that have not been ~heard should be electronically deleted on the 30th day after receipt in accordance with the Town's records Retention Schedule. 6. Telecommunication call accounting records will be electronically deleted after 90 days by the Town. 5. Information Retrieval Information of files deleted from electronic mediamay not have been permanently deleted from the system. It is possible to recover deleted computer files, deleted e-mail, and deleted voice mail messages at any time. 6. Other Disclosures With limited exceptions as specifically authorized by state or federal law, data, files, messages, and information on Town computers are public records. They are available to any member of the public and the news media upon request. Employees must create and send any electronic media information with that fact in mind. Electronic data is discoverable in litigation, which may be filed against or by the Town or its officers and employees and, if you are uncertain about the content of a message, you or your department head should consult with the Town Attorney before it is created or sent. E. Allowable Uses of Electronic Media Allowable uses of electronic media for Town business purposes include the following: · to facilitate performance of job function; · to facilitate communication of information within the Town; · to coordinate meetings of individuals, locations and resources of the Town; · to communicate information and respond to requests for information received from the Town web site; · to communicate with outside organizations as required in order to perform and employee's job function. F. Prohibited Uses of Electronic Media Prohibited uses of electronic media include, but are not limited to the following: · violating local, state or federal law; harassing or disparaging others based on race, national origin, sex, sexual orientation, age, disability, or religious or political beliefs (including but not limited to racial slurs, obscene messages, sexually explicit images, cartoons or messages); · threatening others; · soliciting or proselytizing others for commercial ventures, religious or political causes, outside organizations, or other non job-related matters; · intentionally disrupting business operations or crashing department networks and connected systems (for example, sabotaging or intentionally introducing a computer virus); · accessing others' files without authorization and with no substantial business purpose; · vandalizing the data of another user; forging electronic mail messages; wasting system resources; sending personal messages such as chain letters; and · using electronic media inappropriately in a way deemed by the Town to violate the intended purpose of any electronic media. G. Violations of This Policy Violations of this policy may result in disciplinary action, up to and including discharge. SECTION 17- OUTSIDE EMPLOYMENT OR ACTIVITY A. Conditions: Town employees are permitted to pursue outside employment or activities only when all of the following conditions are met: Employees shall not engage in any employment, activity, or enterprise for compensation, which is inconsistent, incompatible, in conflict with or, inimical to his or her duties as an officer or employee or with the duties, functions, or responsibilities of his or her appointing authority or the department in which he or she is employed for the Town. Definition of Outside Employment or Activity: Outside employment or activity is any work performed, on a paid or volunteer basis, by a Town employee- outside of his or her Town employment. 3. The Town Manager shall determine,-in his or her sole discretion those outside activities, which for employees under Town jurisdiction are inconsistent with, incompatible to, or in conflict with, their duties as Town officers or employees. An employee's outside employment~ activity, or enterprise will be prohibited if it: a. Involves the use for private gain or advantage of his/her local agency time, facilities, equipment and supplies; or the badge, uniform, prestige, or influence of his or her local agency office or employment. .b. ~lnvolves receipt or acceptance'by the officer or employee of any money or other consideration from any person or entity other than the Town for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her Town employment or as a part of his or her duties as a Town officer or employee. c. Involves the performance of.an act in other than his or her capacity as a Town officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the officer or employee or any other officer or employee of the Town. d. Involves such time demands as would render performance of his or her duties as a Town officer or employee less efficient. e. Exposes the employee to conditions in which there is a substantial danger of ,injury or.illness to the employee. 4. Every Town employee at the time Of adoption of this policy or at the time of appointment shall be provided with a copy of this policy and a notice of those prohibited outside activities. 5. Any Town officer or employee violating this rule, including engaging in prohibited activities, shall be subject to disciplinary action. B. Request to Pursue Outside Employment or Activity Personnel desiring to pursue outside employment, activity, or enterprise for compensation shall submit a written application to the Town Manager on a form provided by the Town stating the following: 1. Type or nature of employment, activity, or enterprise for compensation; 2. Name of prospective employer; 3. Location of employment, activity, or enterprise including physical and mailing address and telephone; 4. Time period of engagement in the outside employment or activity, including days and hours and average number of hours per week that will be spent in the outside employment, activity, or enterprise. The Town Manager's decision will be based on the factors contained in this policy. A notation regarding the Town Manager's decision will be placed in the employee's personnel file. This request shall be re-submitted when any of the required information changes or when the time period on the application expires. C. Revocation of Approval to Pursue Outside Employment or Activity Authority to engage in off-duty employment shall be revocable at any time with or without cause by the Town Manager. 64 OUTSIDE EMPLOYMENT OR ACtiVITY APPLICATION The purpose of this ~application is to comply with the Town of Truckee's "Outside Employment or Activity Policy." A copy of the policy is attached. The Town Manager must approve outside employment or activities by an employee or officer. Town employment is considered the primary job for each Town employee. Self-employment is considered outside employment. EMPLOYEE: Type or nature of employment, activity, or enterprise for compensation: Name of Prospective Employer: Location of Employment: Telephone 'Number/Mailing Address of Outside Employer: Average number of hours per week of outside employment or activity, and time period of employment or activity: TERMS AND CONDITIONS OF OUTSIDE EMPLOYMENT OR ACTIVITY 1. The Town reserves the right to require that outside employment or activity be terminated at any time the Town Manager deems such termination appropriate in the sole exercise of his or her discretion. 2. Worker's Compensation Insurance provided the employee through the Town shall not in any way be construed as transferable to cover outside employment. To the extent such coverage is required for outside employment, the other employer shall bear all responsibility and obligation to provide such coverage for the employee at all times of outside employment. 3. The employee shall not engage in any employment or outside activity in violation of the Town's "Outside Employment or Activities Policy." Questions concerning possible conflicts of interest or policy violation(s) shall be directed to the Town Attorney and any opinion issued concerning a possible conflict of interest shall be final and binding on the employee. 4. By authorizing outside employment or activity, the Town assumes no liability whatsoever for acts or omissions of employees while performing duties in connection with outside employment or activity, and the employee and the other employer shall hold harmless, indemnify, and defend the Town from any claim or suit alleging such liability. SECTION 18 - EMPLOYEE POLITICAL ACTIVITIES A. Policy: The Town prohibits: Employees and officers from engaging in political activities during work hours; Political campaigning in Town buildings or on Town premises adjacent to Town buildings; and · Employees and officers from using his or her office to coeme or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate. · Those who violate this policy will be subject to discipline, up to and including termination. B. Examples of Prohibited Conduct: · Participate in political activities of any kind while in uniform; · Participate in political activities during working hours; · Participate in political activities on Town worksites; · Place or distribute political communications on Town property; · Use Town equipment to make political communications; · Solicit a political contribution from an officer or employee of the Town, or from a person on a Town employment list, with knowledge that the person from whom the contribution is solicited is a Town officer or employee; · Favor or discriminate against any employee because of political opinions or affiliations; · Interfere with any election; or · Attempt to trade job benefits for votes. C. Examples of Permitted Conduct: · Express opinions on all political subjects or candidates; · Become a candidate for any local, state, or national election; · Contribute to political campaigns; · Join and participate in the activities of political organizations; · Request, during off-duty time, political contributions, through the mail or other means, from Town officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include Town officers or employees; · Solicit or receive, during off-duty time, political contributions from a Town employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or · Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of Town office~s or employees. SECTION 19- BIENGUAL PROFICIENCY (SPANISH)FOR POLICE SERGEANT AND POLICE OFFICER EMPLOYEES A. Purpose To establish the ~rocedure to-implement the bilingual pay provision set forth in Article XXV of the Initial Town of Truckee Employment Agreement for Police Sergeant and Police Officer (July 30, 2001). B. Policy Article XXV of the current Town of Truckee Employment Agreement for Police Sergeant and Police Officer (July 30, 2001) addresses the issue of bilingual pay and states: Upon request of the Chief of Police, and approval by the Town Manager, designated employees shall be paid and additional two and one half percent (2.5%) of base salary for the use of Spanish as a second language in the normal course and scope of employment. Eligible employees must prove proficiency in reading, speaking and writing in Spanish as a second language. C. Procedure A. Requirements Bilingual pay shall be authorized for sworn.members of the Police Department only when the following conditions have been met. 1. Designation of the position as needing ;bilingual skills. The Chief of Police must identify in writing to the Administrative Services Director the specific bilingual needs of the position held by the employee, including: 67 a. The types of activities which warrant the need for bilingual skills; b. The frequency or percentage of time spent in either verbal or written contact with individuals who are monolingual or significantly more fluent in Spanish; and c. The benefits to the department that will be realized by the use of bilingual skills in this position. The Administrative Services Director will designate the position as eligible for bilingual skills payment if it is determined to have an ongoing, regular need for bilingual abilities. 2. Certification of the employee as qualified to perform the bilingual duties of a designated position. The Administrative Services Director shall be responsible for administering a bilingual skills exam to employees holding a designated position. The content, administration, and scoring of such exams shall be determined by the Administrative Services Director. Once an employee has received a passing score in such an exam, he/she shall be certified as qualified to perform bilingual duties. B. Initiating Bilingual Pay Once the above requirements have been met, the Chief of Police shall assign bilingual duties to the employee and forward a Personnel Action Form to the Administrative Services Department for placement in the personnel file. C. Ongoing Review At the request of the Chief of Police, the Administrative Services Director shall periodically review the duties of a designated position to confirm the ongoing need for bilingual skills. Each sworn employee's continued performance of the bilingual duties shall be evaluated in the employee's annual performance appraisal. The Administrative Services Director may require the retesting of employees to verify their continued ability to exercise the level of fluency required in the position held. Bilingual pay shall be revoked when any of the criteria as outlined herein cease to be met. SECTION 20 - DRUG AND ALCOHOL-FREE WORKPLACE POLICY A. Purpose: It is the intention of this policy to eliminate subStance abuse and its effects in the workplace. While the Town of Truckee has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol can take its toll on job performance and employee safety. Employees must be in a condition to perform their duties safely and efficiently, in the interest of their fellow workers and the public, as well as themselves. The presence of drugs and alcohol on the job, and the influence of these substances on employees during ,work hours, are inconsistent with this objective. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance ~from a counselor or medical.professional. While the Town will be supportive of those who seek help voluntarily, the Town will be equally firm 'in identifying and disciplining those whose continued substance abuse, even if enrolled ~in counseling or rehabilitation programs, results in performance problems, dangers to the health and safety of others and themselves and/or violations of federal, state or Town laws/policy. Supervisors will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse will not be tolerated, and disciplinary action, up to and including termination, will be used as necessary to achieve this goal. This policy provides guidelines for the detection and deterrence of alcohol and drug abuse, it also outlines the responsibilities of Town managers and employees. To that end, the Town will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any other substances which could impair an employee's ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the Town's reputation. All persons covered by this policy should be aware that violations of .the policy may result in discipline, up to and including termination, or in not being hired. In recognition of the public service responsibilities entrusted to the employees of.the Town, and that drug and alcohol usage can hinder a person's ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the town. B. Policy: It is Town policy that employees shall not be impaired by or have in their biological system, or be in possession of, alcohol or drugs while on Town property, at work locations, or while on duty or subject to being called to duty, and that employees shall not sell or provide drugs or alcohol to any other employee or person while on duty or subject to being called to duty. While use of validly prescribed medications and drugs does not violate this policy per se, failure by an employee to notify his/her supervisor, before beginning work, when taking medications or drugs which could forseeably interfere with the safe and effective performance of duties, or the operation of Town equipment, can result in discipline, up to and including termination. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. The Town reserves the right to search, without employee consent, all areas and property in which the Town maintains control or joint control with the employee. Otherwise, the Town may notify appropriate law enforcement agencies that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the Town. Refusal to immediately submit to an alcohol and/or drug analysis when requested by Town management or law enforcement personnel, or refusal to submit to a search of personal properties if requested by law enforcement personnel, may constitute insubordination and be grounds for discipline, up to and including termination. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until he or she can be safely transported from the work site. The Town is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled under federal and/or state law. D. Application: This policy applies to all employees of and to all applicants for positions with the Town. This policy applies to alcohol and drugs, including all substances, drugs or medications, whether legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. E. Employee Responsibilities An employee must, 1. Not report to work or be subject to duty while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug use; 2. Not possess or use alcohol or impairing drugs, including illegal drugs and prescription drugs without a prescription, during working hours or while subject to duty, on breaks, during meal periods or at any time while on Town property; 70 3. Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either or both employees are on duty or subject to being called to duty; 4. Submit immediately to an alcohol or drug test ~when requested by a Town representative; 5. Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of Town equipment; and 6. Provide within 24 hours of request, bona fide' verification of a current valid prescription for any potentially impairing drug or medication ident~ied when a drug screen/test is positive. The prescription must be in the employee's name. F. Management Responsibilities 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Managers and supervisors may request'that an employee submit to a drug and/or alcohol test when a manager or supervisor has a reasonable suspiscion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. G. Reasonable Suspicion "Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so the employee's ability to perform his or her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion depending upon the circumstances in which the behavior is observed and/or reported: Slurred speech; Alcohol odor on breath; Unsteady walking and movement; An accident involving Town property, where it appears the employee's conduct is at fault.; Physical altercation; Verbal altercation; Unusual Behavior; Possession of alcohol or drugs; Information obtained from a reliable person with personal knowledge. 7] Any manager or supervisor requesting an employee to submit to a drug and/or alcohol test should document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and disciplinary consequences of this Policy. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor should arrange for the employee to be safely transported home. Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees without the freely given written consent of, and in the presence of, the employee. Managers and supervisors shall notify their Department Head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the Town. If the Department Head or designee concurs that there is a reasonable suspicion of illegal drug possession, the Department Head shall notify the appropriate law enforcement agency. H. Physical Examination and Procedure The drug.and/or alcohol test may test for any substance which could impair an employee's ability to perform effectively and safely the functions of his or her job, including, but not limited to, prescription medication, alcohol, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. I. Results of Drug and/or Alcohol Analysis Pre-Employment Physical A positive result from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities. If a drug screen is positive at the pre-employment physical, the applicant must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name or the applicant does not provide acceptable verification, or if the drug is one that is likely to impair the applicants ability to perform the job duties, the applicant may not be hired. 72 During Employment Physical or Alcohol/Drug Tests A positive result :from a drugand/or alcohol analysis may result in disciplinary action, up to and including, termination. If the drug screen is positive, the employee must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the employee's name. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his or her supervisor of the same, the employee will be subject to disciplinary action, up to and including termination. If an alcohol drug test is positive for alcohol or drugs~ ;the Town shall conduct an investigation to gather all.facts. The decision to discipline, up to and including termination, will be carried out in conformance .with Town procedures for discipline. J. Confidentiality Laboratory reports and ~test results shall not appear.in an employee's general personnel file. Information of this nature will be contained in a separate confidential medical folder that will be securely kept .under the control of the Town Manager. The reports or test results may be disclosed.to Town management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the info~-~-~iation has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; or (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. SECTION 21 - WORKPLACE SECURITY A. Policy The Town of Truckee is committed to providing a safe and secure workplace for employees and the public. The Town will not tolerate acts or threats of violence in the workplace. The workplace includes any location where Town business is conducted, including vehicles and parking lots. Any violation of this policy will lead to criminal prosecution, and/or disciplinary action, up to and including termination. B. Prohibited Behavior Employees are prohibited from engaging, or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of Town employment. The Town has zero tolerance for any conduct that 73 references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting. Employees engaged in Town business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry a self-defense weapon shall notify the department head in writing of what type of weapon is being carried. Employees who have legal authority to carry self-defense weapons violate this policy if they: accidentally discharge or lose their weapon; use, threaten to use, or display the weapon while engaging in Town business; or violate any law related to carrying a legal self-defense weapon while engaged in Town business. C. Definitions "Workplace Violence" is any conduct that causes an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following: 1. Threats or acts of physical harm directed toward an individual or his/her family, friends, associates, or property. 2. The destruction of, or threat of destruction of Town property or another employee's property. 3. Harassing or threatening phone calls. 4. Surveillance. 5. Stalking. 6. Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.) unless specifically required or authorized and approved by the Town Manager. 7. Any conduct relating to violence or threats of violence that adversely affects the Town's legitimate business interests. 8. Weapons are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm. D. Incident Reporting Procedures Employees must immediately report workplace violence to their supervisor or department head. The supervisor or department head will report the matter to the Town Manager. 74 The Town Manager will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident, The Town Manager will take appropriate steps to provide security, such as: 1. 'Placing the employcc alleged to have engaged in workplace violence on administrative leave, pending investigation; 2, Asking any threatening or potentially violent person to leave the site; 3. 4mmediately contacting an appropriate law enfomement agency. E. Investigation The Town Manager will see that reported violations of this policy are investigated as appropriate. F. ,Management Responsibilities Each department head has authority to enforce this policy by: 1. Training supervisors and subordinates about their responsibilities under this policy; 2. Assuring that reports of workplace violence are documented accurately and timely; 3. Notify the Town Manager and/or law enforcement authorities :of any incidents; 4. Making all reasonable efforts to maintain a safe and secure workplace; and 5. Maintaining records and follow up actions as to workplace violence reports. G. Follow up and Disciplinary :Procedures An employee found in violation of this policy wilt be subject to disciplinary action, up to and including termination of employment. The Town may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution. SECTION 22 - GRIEVANCE PROCEDURE A. Statement of Intent It is the purpose of this policy to establish a clear process to resolve issues raised by employees related to interpretation of personnel rules and any current Memorandum of Understanding. It is the desire of the Town to resolve all grievance issues at the lowest possible level within the organization; however, it is important to have a policy in place that assures employees that there are a series of appeal processes available to deal with grievance issues. B. Definition of Grievant A grievant is any employee, or the Association on behalf of one or more than one employee, adversely affected by an alleged violation of personnel rules and/or the Memorandum of Understanding. C. Definition of Grievance A grievance is defined as any dispute that: 1) is job- related; 2) is wholly or partially within the province of the Town to rectify or remedy; 3) concerns terms and conditions of employment; 4) involves the interpretation, application, or alleged violation of these Rules or a current Memorandum of Understanding (MOU) between the Town and a recognized employee organization representing Town employees; and 5) is not subject to any other Town dispute resolution process or procedure that is provided by statute, ordinance, resolution or agreement. D. Pre-Grievance Step Potential grievances shall be discussed in informal conferences between the employee and the immediate supervisor outside of the bargaining unit. At least one informal meeting between parties shall take place before the grievance procedure is invoked. If the potential grievance is not resolved at this step, then the aggrieved employee may declare that a grievance exists and the provisions of this Rule will be implemented. E, Formal Grievance Step One. Within ten (10) working days of the occurrence or discovery of an alleged grievance, the grievance shall be presented in writing to the department head or his/her designee. The grievance by the aggrieved or their representative shall contain information which identifies: 1. The aggrieved; 2. The specific nature of the grievance; 3. The time or place of its occurrence; 4. The section of these Rules or a current Memorandum of Understanding alleged to have been violated; 5. The consideration given or steps taken to secure informal resolution; 6. The corrective action desired. A meeting shall take place if it is agreed by the parties that such a meeting would assist to clarify or resolve the grievance. The employee may be accompanied by his/her representative at the meeting A decision shall be made within ten (10) working days of receipt of the grievance. A copy shall be sent to the aggrieved. ?6 Step Two. If the grievant is not satisfied with the Step One Decision, he/she may appeal the decision in writing to the Director of Administrative Services (Director) or his/her designee within ten (10) working days after receiving a written decision at Step One. The Director or his/her designee shall meet with the grievant and may include other persons involved in the grievance. The grievant may be accompanied by his/her representative. Additional meetings may be held as per mutual agreement. The Director or his/her designee shall communicate his/her decision to the grievant in writing within ten (10) working days after receiving the grievance (unlessthere is a mutually agreed upon extension of time), which answer shall be final and binding on the grievant unless it is timely appealed in accordance with{he procedures set forth in Step Three. Step Three. Any Grievance as defined in these rules that has been properly and timely processed through the Grievance Procedures set forth in this section and that has not been settled at the conclusion thereof, may be appealed~o a grievance hearing by the aggrieved party or their designee in writing. The failure to appeal a grievance to a grievance hearing in accordance with this Section in writing, within ten (10) working days after receipt of the written answer of the Town at Step Two of the Grievance Procedure shall constitute a waiver of the aggrieved party's right to appeal to this hearing, and the written answer of the Town at Step Two of the Grievance Procedure shall be final and binding on the aggrieved employee and the Town. A request for a grievance hearing shall be filed with the office of the Town Manager. Upon receipt of a properly filed request for a grievance hearing, the Town Manager (or his/her designee) and the grievant (or his/her representative) shall mutually select a hearing officer, who shall not be an employee of the Town. If the parties are unable to agree on a hearing officer, then they shall request a list of seven (7) names from the State Mediation and Conciliation Service. The parties shall alternately strike names to select the hearing officer. The hearing officer's compensation and expenses shall be borne equally by the Town and the grievant. The hearing officer shall schedule hearing date(s) as necessary. The hearing shall be informal and the formal rules of evidence shall not apply. Thehearing officer shall render his/her decision within thirty (30) calendar days of the close of the hearing, receipt of transcripts, submission of briefs or such other date as the parties may mutually select. The hearing officer's decision shall be a recommendation to the Town Manager. The Town Manager may accept, reject, modify or remand the recommendation for further proceedings before the hearing officer. If the Town Manager does not accept the recommendation of the hearing officer, he/she shall review the entire record of the hearing officer proceeding. The decision of the Town Manager shall be final and binding. 77 SECTION 23 - INJURY AND ILLNESS PREVENTION PROGRAM This Injury and Illness Prevention Program ("IIPP") constitutes the Town's adoption and implementation of the California Occupational Safety and Health Administration's Model IIPP pursuant to the California Code of Regulations, Title 8, section 3203. This IIPP will be visibly posted in each Town department location. A. Responsibility The IIPP Administrator, [title of position serving as IIPP Administrator], has the authority and responsibility for implementing and maintaining this IIPP for the Town. Department directors and supervisors are responsible for implementing and maintaining the IIPP, ensuring employee compliance, and answering employee questions about the IIPP. It is essential that employees follow all safety policies and procedures implemented by the Town and department management. This includes following all of the requirements of the Town's IIPP as well as adhering to all elements of any safety rules instituted for employees' specific job tasks and operations. B. Compliance All employees are responsible for complying with safe and healthful work practices. The Town ensures that all employees comply with these practices by (1) informing employees of the provisions in the IIPP, (2) evaluating employee safety performance, (3) providing training to employees with deficient safety practices when appropriate, and (4) disciplining employees who fail to comply with these practices. C. Communication All department directors and supervisors are responsible for communicating with all employees about occupational health and safety in a manner that is easy to understand and encourages compliance. The Town will not tolerate retaliation against an employee who reports a workplace hazard. To facilitate communication about occupational health and safety, the Town will (1) review the IIPP program periodically with current employees and with all new employees and (2) will provide related training when appropriate. Employees are welcome and encouraged to discuss safety issues and/or concerns at staff meetings. D. Hazard Assessment The Town will perform periodic inspections throughout Town worksites to identify and evaluate workplace hazards. These periodic inspections will take place (1) when this IIPP is initially established, (2) when new substances, processes, procedures or equipment which present potential new hazards are introduced into any Town worksite, (3) when new, previously unidentified hazards are recognized, (4) when occupational injuries and illnesses occur; and (5) whenever workplace conditions warrant an inspection. E. Hazard Correction The Town shall correct unhealthy work conditions, practices or procedures in a timely manner based on the severity of the hazards. Hazards shall be corrected when observed or discovered. When an imminent hazard exists which cannot be immediately abated without endangering employee(s) or property, the Town 78 will remove all exposed employees from the area except those necessary to correct the existing condition. Employees who are required to correct hazardous conditions shall be provided with the necessary protection to do so. F. Training and Instruction The Town shall provide training to all employees on general and .job-specific safety and health practices. Training and instruction is provided: (1) when this IIPP is first established; (2) to all new employees, unless they are otherwise trained in a safety and health program approved by the California Occupational Health and Safety Administration; (3) to all employees given new job assignments for which they were not currently trained; (4) whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; (5) whenever the Town is made aware of a new or previously unrecognized hazard, (6) when necessary to provide supervisors or department heads with training regarding safety and health hazards to which employees under,their immediate direction and control may be exposed; and (7) to all ~employees withrespect to hazards specific to each employee's job assignment. G. General Workplace Safety and Health PractiCes General workplace safety and health practices include but are not limited to: (1) Implementation and maintenance of the IIPP; (2) emergency action and fire prevention plans; (3) provisions for medical services and first aid, including emergency procedures; (4) prevention of musculoskeletal disorders, including proper lifting techniques; (5) proper housekeeping practices, such as keeping stairways and aisles clear, work areas neat and orderly, and prompt clean-up of spills; (6) prohibiting horseplay and other acts that tend to adversely impact safety; (7) proper storage to prevent unstable stacking of goods or to prevent stacking against doors,,fire exits, and fire-fighting equipment; (8) proper reporting of hazards and accidents ,to supervisors or department heads; (9) hazard communication, including employee awareness of potential chemical 'hazards, and proper labeling of containers; and (10) proper storage and handling of toxic and hazardous substances, including prohibiting eating* or storing food and :beverages in areas where they can become contaminated. H. Recordkccping As a local governmental entity, the Town is not required to keep written records of the steps taken to implement and maintain its IIPP program. Section 24 - USE OF TOWN PROPERTY AND EQUIPMENT A. Policy · Town property is to be used only for conducting Town business unless otherwise authorized. Town property includes, but is not limited to: telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on Town property (such as e- and voice- mails), vehicles and other Town property used by Town employees in their work. 79 · Town property may be monitored and searched at any time and for any reason. Messages sent or received on Town equipment may be saved and reviewed by others. As a result, Town employees have no expectation of privacy in the messages sent or received on Town property or equipment. B. Use of Town Vehicles and Private Vehicles for Town Business The following governs the use of Town vehicles and the use of private vehicles on Town business. Each department head of the Town of Truckee shall be responsible for assuring that all employees and volunteers within his or her department who drive vehicles on Town business are thoroughly aware of and comply with these rules and regulations. C. General Rules and Regulations 1. Town vehicles shall be operated only by an authorized Town employee, officer, volunteer or agent possessing a valid California driver's license of proper class for the vehicle being operated. Prior authorization by a department head is required for use. 2. Use of Town vehicles for any purpose other than Town business is prohibited. 3. Use of a Town vehicle for transportation to home or a restaurant, for meals, is prohibited unless the employee is en route while on field duty or attending a meeting on official Town business. 4. Transportation of any person not connected with Town business shall be prohibited in Town vehicles except with prior approval of the department head. Seat belts shall be worn while operating or riding in Town vehicles. 5. Use of a Town vehicle for commuting purposes is prohibited unless retention of the Town vehicle is authorized. 6. Driver Responsibilities All Town employees and volunteers, when using any vehicle on Town business, shall: a. Operate vehicles in a safe, reasonable manner consistent with the intended use of the vehicle. b. Observe all traffic laws, rules and regulations. Fines and penalties imposed for violation of traffic laws, rules and regulations while on Town business, other than those due to Town equipment violations, are the responsibility of the driver. 80 c. Not smoke i~ any type of Town vehicle. d. Town officers, employees, volunteers, and members of boards, commissions and committees, prior to using any vehicle on Town business, shall certify that: e. The d~iver and any privately owned vehicle to be used on Town business are currently licensed, that such licenses have not been revoked or suspended, and that restrictions concerning any license will be met by the driver; and f. The driver and any pi'ivately owned vehicle used on Town business are insured~y a company authorized to do business in the State of California in the minimum amounts specified by law. Said certification shall be made on a form provided by the Administrative Services Department. 7. Retention of Town Vehicles When not being used on Town business, all Town vehicles shall be kept on Town property except as herein provided. Retention of a Town vehicle may be authorized by the Town Manager, Town Council or Department Head when the interests of the Town are best served by permitting the retention. "Retention" shall constitute the ongoing retention of a Town vehicle by a Town employee at his or her place of residence. Unless otherwise authorized, any employee permitted to retain a Town vehicle shall not use said vehicle for any private purpose. Retention of a Town vehicle is a taxable fringe .benefit and shall be reflected as such in the empleyee's taxable income. SECTION 25 - EMPLOYEE PROTECTION LINE As an employee of the Town of Truckee, you are considered a valuable member of the team. The Town of Truckee understands this and wants to provide you with the safest and most productive work environment possible. This means an environment without wrongdoing. Workplace wrongdoing hurts everyone. Wrongdoing such as harassment, discrimination, drug and alcohol abuse, theft, violence, unsafe acts, and misrepresenting a workers' compensation claim, can make your job more difficult and cause unnecessary loss, resulting in fewer jobs, raises, and benefits. Consequently, the Town of Truckee has provided several outlets to report wrongdoing safely within the Town of Truckee. 81 However, the Town of Truckee understands that there may be situations where you do not feel comfortable coming forward internally, so the Town is providing you with an alternative means for reporting wrongdoing -- the Employee Protection Line~). The Employee Protection Line~ enables you to report workplace wrongdoing without giving your name or identifying yourself in any way, however, you must give enough information to allow your concerns to be addressed. The toll-free Employee Protection Line~ is monitored by an independent third party. This third party monitors reports for many organizations. When making a report, you must state the name of your organization, but your call will not be traced. You may make a report by calling (800) 576-5262. Your Employee Protection Line~ organization code number is 10189. SECTION 26 - EMPLOYER-EMPLOYEE RELATIONS ARTICLE I - GENERAL PROVISIONS Section 1. Statement of Purpose This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations", by providing orderly procedures for the administration of employer-employee relations between the Town and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, Town ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the Town. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive Town rights with respect to matters of general legislative or managerial policy, which includes, among other things: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards for selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its missions in emergencies; and 82 exercise complete control and discretion over its organization and the technology of performing its work. Section 2. Definitions As used in this Resolution, the following terms have the following meanings: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "Town" means ~the Town of,-.Truckee, and where appropriate herein, ~'efers to the Town Council or any duly authorized Town representative as herein defined. c. "Confidential Employee" means an employee, who in the course of his or her duties,:has accessto confidential information ~eiatingto the Town's administration of employer-employee relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing with all effected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposal with an exclusively recognized employee organization in an endeavor to reach an agreement in the form of a Memorandum of Understanding, nor is subject to Article IV hereof. "Consult/Consultation in Good Faith" for purposes of adopting employer-employcc relations rules and .regulations, is restricted to exclusively recognized employee organizations. e. "Day" means-calendar day unless expressly stated otherwise. f. "Employee organization" means either of the following: (1) Any organization that includes Town employees and that has as one of its primary purposes representing those employees in their relations with the Town, or (2) any organization that seeks to represent Town employees in their relations with the Town. g. "Employee Relations Officer" means the Town Manager or his/her duly authorized representative. h. "Impasse" means the representatives of the Town and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. $3 i. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of Town policies and programs. j. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization, which shall be considered proof of employee support hereunder, shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the Town as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning the statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. I. "Supervisory Employee" means any employee having authority, in the interest of the Town, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. ARTICLE II - REPRESENTATION PROCEEDINGS Section 3. Filing of Recognition Petition by Employee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee relations Officer containing the following information and documentation: 84 a. Name and address of employee organization. b. Names and titles of its officers. c. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment with the Town. e. A statement whether the employee organization Js a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and if so, the name and address of each other such organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, religion, sex, national origin, age, sexual orientation, mental or physical disability or medical condition. i. The job classifications or position titles of employees in the unit claimed to ~be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the Town. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party (i.e., representatives of the California State Mediation and Conciliation Service). k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. I. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, by the duly authorized officer(s) of the employee organization executing it. Section 4. Town Response to Recognition Petition Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Section 8 of Adicle II of this Resolution. If an affirmative determination is made by the Employee Relations Officer in the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform the organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section [1] of this Resolution. Section 5. Open Period for Filing/Challenging Petition Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner set forth in Section 3 of this Article I1. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article I1. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for .the designated unit. Section~. Election Procedure The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by-the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions that have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall reserve to employees the choice of representing themselves individually in their employment relations with the Town. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority if all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast;-the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a twelve (12) month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the Town and by each employee organization appearing on the ballot. Section 7. Procedure for Decertification of Exclusively Recognized Employee Organization 87 A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, which ever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 10 of this Article I1. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is 88 reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to the unit employees. The Employee Relation Officer shall thereupon arrange for a secret ballot to be held on or about thirty (30) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was-duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 6 of this Article II. During the "open period" specified in the first paragraph of this Section 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 7, which the Employee Relations Officer shall act on in accordance with this Section 7. if, pursuant to this Section 7, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by alt the terms and conditions of any Memorandum of Understanding then in effect for its remaining term, or until a new Memorandum of Understanding is negotiated, whichever occurs first. Section 8. ,Policy and Standards for Determination of Appropriate Units The policy objectives determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the Town and its compatibility with the primary responsibility of the Town and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on the recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be'. a. Similarity of the general kinds of work performed, types of qualifications required, and the general work conditions. b. History of representation in the Town and similar employment; except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. c. Consistency with the organizational structure of the Town; d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. f. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore, managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory and confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization that represents other employees. Peace officers may join, participate in, and be represented in separate units composed solely of such peace officers. These units shall not be subordinate to any other employee organization which includes non-peace officers. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be final. Section 9. Procedure for Modification of Established Appropriate Units The Employee Relations Officer may consider requests by employee organizations for modifications of established appropriate units only during the period established in Section 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article I1. An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing from and processing of such request shall be as specified in this section. 9O The Employee Relations Officer may by his or her own motion proposes that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations, shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 8 of this Article II, and shall give written notice to the affected employee organizations. The Employee Relations Officer's decision may be appealed as provided in Section 10 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 3 hereof. Section 10. Appeals An employee organization which disputes a unit determination by the Employee Relations Officer or disputes a determination by the Employee Relations Officer that a Recognition Petition, Challenging Petition, Unit Modification Petition or Decertification Petition has not been filed in compliance with the applicable provisions of this Article may, within ten (10) working days of such decision, request the assistance of a mediator from the State Mediation and Conciliation Services. If the Employee Relations Officer also agrees to mediation, the parties shall share equally the mediation costs. If there is no agreement to mediate, the employee organization may file an appeal of the decision with the California Public Employment Relations Board (PERB) pursuant to Government Code" 3507.1 (a) and 3509(c) (or any successor sections thereto) and any other applicable provisions of law or regulation. Any such appeal shall be filed within ten (10) working days after a mediation request has been rejected or within ten (10) working days after a mediation has concluded and no agreement mutually satisfactory to the parties resulted from the mediation. ARTICLE III - ADMINISTRATION Section 11. Submission of Current Information by Recognized Employee Organizations All changes in the information filed with the Town by an Exclusively Recognized Employee Organization under items (a.) through (h.) of the Recognized Petition under Section 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Section 12. Payroll Deductions on Behalf of Employee Organizations Upon formal acknowledgment by the Town of an Exclusively Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefore by the Town. The providing of such service to the Exclusively Recognized Employee Organization by the Town shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or applicable administrative procedures. Section 13. Employee Organization Activities - Use of Town Resources Access to Town work locations and the use of Town-paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in the Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization of meetings and elections, and shall not interfere with the efficiency, safety and security of Town operations. Section 14. Administrative Rules and Procedures The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. ARTICLE IV - IMPASSE PROCEDURES Section 15. Initiation of Impasse Procedures If the meet-and-confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memoranda of Understanding; and 92 b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 16. Impasse Procedures Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen days (15) after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding. If the parties agree on fact-finding, they may agree on the appointment of one or more fact-finders. If they fail to so agree on one or more fact-finders, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven (7) names of individuals having fact-finding experience in the public sector to be provided by the California State Mediation and Conciliation Service or another similar organization acceptable to the parties. The following constitute the jurisdictional and procedural requirements for fact- finding: (1) The fact-finders shall consider and be guided by applicable federal and state laws; (2) Subject to stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations: a. First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours and conditions of employment of the employees in the fact-finding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public employment in the same and comparable communities. "Total compensation" shall mean all wage compensation, including but not limited to premium, incentive, minimum, stand-by, out- of-class and deferred pay; all paid leave time; all allowances, including but not limited 93 to educational and uniform benefits; and employer payments for all health, welfare and pension benefits. b. The fact-finders shall then adjust the results of the above comparisons based on the following factors: (i) The compensation necessary to recruit and retain qualified personnel. (ii) Maintaining compensation relationships between job classifications and positions within the Town. (iii) The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average "consumer price index" for goods and services determined applicable by the Town Board of Supervisors, and the pattern of change in wages and compensation of other wage earners. c. The fact-finder(s) shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the Town to implement them. In assessing the Town's financial resources, the fact-finder(s) shall be bound by the following: (i) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities established by the governing body); and (ii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (iii) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal years; and (iv) Assurance of sufficient and sound budgetary reserves; and (v) Constitutional and statutory limitations on the level and use of revenues and expenditures. (3) The fact-finders shall make written findings of fact, and advisory recommendations, for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the 94 designated representative of the Exclusively Recognized Employee Organization. If these parties have not resolved the impasse within ten (1 O) days after service of the findings and recommendations upon them, the fact-finder or the chairperson of the fact- finding panel shall make them public by submitting them to the Town Clerk for consideration by the Town Board of Supervisors in connection with the Board's legislative consideration of the impasse. If the parties do not agree to engage in mediation or fact finding, or doing so did not resolve the impasse as it deems necessary in its sole discretion to protect the public interest, including making a final determination regarding resolution of the impasses which is final and binding on all parties. If the parties mutually agree that further negotiations are necessary or desirable, they may engage in such negotiations at any time prior to action by the Board of Supervisors to resolve the impasse. Section 17, Costs of Impasse Procedures The cost for the services of a mediator and fact-finder or chairperson of a fact- finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding shall be borne equally by the Town and the Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party. ARTICLE V - MISCELLANEOUS PROVISIONS Section 18. Construction This Resolution shall be administered and construed as follows: (a) Nothing in this Resolution shall be construed to deny any person, employee, organization, the Town, or any authorized officer, body or other representative of the Town, the rights, powers and authority granted by federal, state or local law. (b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. (c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code section 923 (attached hereto) applicable to Town employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the Town, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent preemptive law does not prohibit such actions; and employee organizations may thereby incur liability and forfeit contractual rights. Section 19. Severability If any provision of this Resolution, or the application of such provisions to any persons or circumstance, shall not be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not affected thereby. The foregoing Resolution was introduced at a Regular Meeting of the Truckee Town Council, held on the 17th day of February, 2005, by Vice Mayor Ingalls who moved its adoption, and which motion was duly seconded by Councilmember Susman, was upon roll call carried and the Resolution adopted by the following vote: AYES: Vice Mayor Ingalls, Council Members Susman, Green, Anderson and Mayor Threshie. NOES: None ABSTAIN: None Y ~ C ra~;;~~ayor Attest: Judy Price, T~wn CI~(.~ --