HomeMy WebLinkAbout49-24RESOLUTION NO. 49-24
RESOLUTION ADOPTING REVISED EMPLOYEE HANDBOOK INCLUDING THE
PERSONNEL RULES AND REGULATIONS AND EMPLOYEE CLASSIFICATIONS AND
COMPENSATION PLAN
WHEREAS, the Employee Handbook (the "Handbook") is an essential document for the effective and
efficient operation of the Town by providing the Personnel Rules and Regulations and the Classification
and Compensation Plan; and
WHEREAS, periodically updating the Handbook is necessary to ensure compliance with the law and
adherence to best practices; and
WHEREAS, the last comprehensive review and update of the Handbook was in 2023; and
WHEREAS, the Handbook has been reviewed and updated in 2024 to reflect additional modifications
necessary for the effective and efficient operation of the Town.
NOW THEREFORE, BE IT RESOLVED that the City Council of the Town of Los Altos Hills hereby
adopts the revised Employee Handbook including the Personnel Rules and Regulations and Employee
Classifications and Compensation Plan, included as Exhibit A.
BE IT FURTHER RESOLVED that all prior versions of the Employee Handbook shall be of no further
force or effect.
BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its
adoption.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on 19th of September 2024 by the following vote:
AYES: Mok, Schmidt, Tankha, Tyson, Swan
NOES: none
ABSENT: none
ABSTAIN: none
MM
ATTEST- k kiL�Nnrin&VL��
Aa Birdsong -Miller, C ty Clerk
RESOLUTION 49-24
EXHIBIT A
TOWN OF LOS ALTOS HILLS
LOS ALTOS HILLS
CALIFORNIA
Employee Handbook
Personnel Rules and Regulations and Classification and Compensation Plan
TABLE OF CONTENTS
PERSONNEL RULES AND REGULATIONS................................................................................9
SECTION 1- GENERAL PROVISIONS....................................................................................11
1.1 COVERAGE....................................................................................................11
1.2 PERSONNEL ORDINANCE..............................................................................11
1.3 AMENDMENT OF RULES...............................................................................11
1.4 VIOLATION OF RULES...................................................................................11
1.5 MEMBERSHIP IN EMPLOYEE REPRESENTATION ORGANIZATIONS ..............11
SECTION 2 - DEFINITION OF TERMS...................................................................................12
2.1
ANNIVERSARY DATE.....................................................................................12
2.2
APPOINTING AUTHORITY.............................................................................12
2.3
AUTHORIZED POSITION................................................................................12
2.4
BENEFITS.......................................................................................................12
2.5
CLASSIFICATION............................................................................................12
2.6
COMPENSATION PLAN.................................................................................12
2.7
COMPETITIVE SERVICE.................................................................................12
2.8
DEMOTION...................................................................................................13
2.9
DEPARTMENT HEAD.....................................................................................13
2.10
DOMESTIC PARTNER....................................................................................13
2.11
ELECTED OFFICIAL........................................................................................13
2.12
ELIGIBLE........................................................................................................13
2.13
ELIGIBLE LIST.................................................................................................13
2.14
EMPLOYEE....................................................................................................13
2.15
EXAMINATION..............................................................................................13
2.16
EXEMPT EMPLOYEE......................................................................................14
2.17
GROSS MISCONDUCT...................................................................................14
2.18
HOURLY EMPLOYEE......................................................................................14
2.19
IMMEDIATE FAMILY MEMBER.....................................................................14
2.20
INTRODUCTORY PERIOD..............................................................................14
2.21
NON-EXEMPT EMPLOYEE.............................................................................14
2.22
MANAGEMENT EMPLOYEE..........................................................................15
3.1
2.23
OVERTIME WORK.........................................................................................15
3.2
2.24
PART-TIME POSITION...................................................................................15
3.3
2.25
PERSONNEL ACTION FORM..........................................................................15
3.4
2.26
PERSONNEL OFFICER....................................................................................15
2.27
POSITION......................................................................................................15
2.28
PROMOTION.................................................................................................15
2.29
RECLASSIFICATION........................................................................................15
2.30
REGISTERED DOMESTIC PARTNER................................................................15
2.31
REGULAR EMPLOYEE....................................................................................16
2.32
REINSTATEMENT..........................................................................................16
2.33
REJECTION....................................................................................................16
2.34
SALARY ADVANCEMENT...............................................................................16
2.35
SALARY REDUCTION.....................................................................................16
2.36
SUSPENSION.................................................................................................16
2.37
TEMPORARY APPOINTMENT........................................................................16
2.38
TEMPORARY POSITION.................................................................................16
2.39
TERMINATION..............................................................................................16
2.40
TOWN...........................................................................................................16
2.41
TRANSFER.....................................................................................................17
2.42
WORK WEEK.................................................................................................17
SECTION 3 -CLASSIFICATION ..............................................................................................18
3.1
PREPARATION AND MAINTENANCE OF PLAN..............................................18
3.2
ADOPTION OF PLAN.....................................................................................18
3.3
NEW POSITIONS...........................................................................................18
3.4
RECLASSIFICATION........................................................................................18
SECTION 4 -THE SELECTION AND APPOINTMENT PROCESS.............................................19
4.1 APPLICATION PROCESS................................................................................19
4.2 APPLICATION FORMS...................................................................................19
4.3 DISQUALIFICATION OF APPLICATIONS.........................................................19
4.4 NOTICE OF REJECTION OF APPLICATION......................................................20
4.5
SELECTION PROCESS.....................................................................................20
5.1
4.6
WAIVER OF RESPONSIBILITY.........................................................................20
5.2
4.7
PROMOTIONAL EXAMINATIONS..................................................................20
5.3
4.8
CONDUCT OF SELECTION PROCESS..............................................................21
5.4
4.9
SCORING AND QUALIFYING GRADE.............................................................21
5.5
4.10
NOTICE OF RESULTS.....................................................................................21
6.6
4.11
ELIGIBLE LIST.................................................................................................21
6.7
4.12
ELIGIBLE LIST DURATION..............................................................................21
6.8
4.13
REMOVAL OF NAME.....................................................................................21
6.9
4.14
TYPE OF APPOINTMENTS.............................................................................22
6.10
4.15
APPOINTMENTS............................................................................................22
6.11
4.16
PROVISIONAL APPOINTMENTS.....................................................................22
6.12
SECTION 5 - EMPLOYMENT STATUS...................................................................................23
5.1
INTRODUCTORY EMPLOYMENT...................................................................23
5.2
MANAGEMENT EMPLOYEES.........................................................................24
5.3
REGULAR EMPLOYMENT..............................................................................24
5.4
TEMPORARY EMPLOYMENT.........................................................................24
5.5
EMERGENCY EMPLOYMENT.........................................................................25
SECTION 6 -ATTENDANCE AND LEAVES OF ABSENCE.......................................................26
6.1
REQUIREMENTS OF ATTENDANCE/PUNCTUALITY.......................................26
6.2
SICK LEAVE AND VERIFICATION....................................................................26
6.3
CATASTROPHIC LEAVE..................................................................................28
6.4
HOLIDAYS.....................................................................................................28
6.5
VACATION.....................................................................................................29
6.6
COMPENSATORY TIME OFF..........................................................................30
6.7
STANDBY ASSIGNMENT AND COMPENSATION............................................30
6.8
JURY DUTY/COURT APPEARANCES...............................................................31
6.9
BEREAVEMENT LEAVE..................................................................................31
6.10
M I LITARY LEAVE...........................................................................................
31
6.11
INDUSTRIAL ACCIDENT LEAVE......................................................................32
6.12
ADMINISTRATIVE LEAVE..............................................................................32
6.13 CALIFORNIA FAMILY RIGHTS ACT (CFRA - SB 1383) .....................................32
6.14 PREGNANCY DISABILITY LEAVE....................................................................38
6.16 LEAVE WITHOUT PAY...................................................................................40
6.17 SUPERVISORY DISCRETION...........................................................................40
SECTION 7 - COMPENSATION AND PAYROLL PRACTICES..................................................41
7.1 PREPARATION OF COMPENSATION PLAN....................................................41
7.2 ADOPTION OF PLAN.....................................................................................41
7.3 AUTHORIZATION OF OVERTIME...................................................................41
7.4 DEFINITION OF EXEMPT EMPLOYEE.............................................................42
7.5 MISCELLANEOUS PAY PROVISIONS..............................................................44
7.6 ELIGIBILITY FOR BENEFITS............................................................................46
SECTION 8 - PERFORMANCE EVALUATIONS.......................................................................48
8.1 PERFORMANCE EVALUATION PROVISIONS..................................................48
SECTION 9 - TRANSFER, RESIGNATION, LAYOFF, REINSTATEMENT, REEMPLOYMENT .... 49
9.1 TRANSFER.....................................................................................................49
9.2 RESIGNATION...............................................................................................49
9.3 JOB ABANDONMENT....................................................................................49
9.4 LAYOFF POLICY AND PROCEDURE................................................................49
9.5 REINSTATEMENT..........................................................................................50
SECTION 10 - DISCIPLINARY ACTIONS................................................................................51
10.1 SUSPENSION.................................................................................................51
10.2 REDUCTION IN PAY.......................................................................................51
10.3 DEMOTION...................................................................................................51
10.4 DISMISSAL....................................................................................................51
10.5 GROUNDS FOR DISCIPLINE...........................................................................51
10.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION......................................53
SECTION 11 -APPEALS HEARING AND GRIEVANCE PROCEDURES....................................55
11.1 APPEALS HEARING PROCEDURE...................................................................55
11.2 GRIEVANCE PROCESS...................................................................................58
SECTION 12 - RECORDS AND REPORT................................................................................60
12.1 PERSONNEL FILES.........................................................................................60
12.2 PERSONNEL ACTION FORMS........................................................................60
12.3 DESTRUCTION OF RECORDS.........................................................................60
SECTION 13 - MANAGEMENT RIGHTS................................................................................61
13.1 MANAGEMENT RIGHTS PROVISION.............................................................61
SECTION 14 - MISCELLANEOUS POLICIES...........................................................................62
14.1 ANTI -HARASSMENT, DISCRIMINATION AND RETALIATION POLICY.............62
14.2 OUTSIDE EMPLOYMENT...............................................................................68
14.3 USE OF TOWN EQUIPMENT PROHIBITED.....................................................69
14.4 EMPLOYEE DRESS CODE...............................................................................69
14.5 NEPOTISM POLICY........................................................................................70
14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL ...........................71
14.7 NON-SMOKING POLICY................................................................................75
14.8 MOBILE TELECOMMUNICATION DEVICES POLICY.......................................75
14.9 INFORMATION TECHNOLOGY (IT) POLICY....................................................77
14.10 FRAUD POLICY..............................................................................................92
14.11 DRIVER SELECTION POLICY...........................................................................98
14.12 VIOLENCE IN THE WORKPLACE..................................................................101
CLASSIFICATION AND COMPENSATION PLAN..................................................................104
SECTION 100 -AUTHORIZED CLASSIFICATION AND SALARIES ........................................106
100.1 MONTHLY SALARY SCHEDULE BY PERMANENT EMPLOYEE CLASSIFICATION .........106
SECTION 200 - LEAVE........................................................................................................108
SECTION 300 - HEALTH AND WELFARE.............................................................................109
300.1 CAFETERIA AND FLEXIBLE BENEFIT PLAN...................................................109
300.2 DESIGNATED HEALTH CONTRIBUTION TOWARD HEALTH PREMIUM ........ 109
300.3 DENTAL PLAN.............................................................................................110
300.4 VISION PLAN...............................................................................................110
300.5 EMPLOYEE WELLNESS................................................................................110
300.6 LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE ........110
300.7 LONG TERM DISABILITY INSURANCE ..........................................................111
300.8 WORKERS' COMPENSATION.......................................................................111
300.9 EMPLOYEE ASSISTANCE PROGRAM ...........................................................112
300.10 UNIFORMS AND SAFETY GEAR...................................................................112
SECTION 400 - OTHER BENEFITS.......................................................................................114
400.1 DEFERRED COMPENSATION.......................................................................114
400.2 CREDIT UNION............................................................................................115
400.3 AUTOMOBILE ALLOWANCE........................................................................115
400.4 PARKS & RECREATION PROGRAM REGISTRATION FEES ............................115
400.5 TUITION REIMBURSEMENT........................................................................115
SECTION 500 - RETIREMENT.............................................................................................117
500.1 PENSION -TIER I........................................................................................117
500.2 PENSION -TIER II.......................................................................................118
500.3 PENSION -TIER III......................................................................................120
500.4 RETIREE MEDICAL REIMBURSEMENT .........................................................121
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Personnel Rules and Regulations
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Town of Los Altos Hills
,Personnel Rules & Regulations
SECTION 1
GENERAL PROVISIONS
1.1 COVERAGE
These rules establish the personnel system for the Town of Los Altos Hills. These rules shall
apply to all employees of the Town except Sections 10 and 11, which shall not apply to
employees excluded from the competitive service. Furthermore, any section or provision
which excludes a particular category of employment from coverage or defines the category
of employment that is covered shall govern, and employees not covered by the section or
provision shall not be entitled to the benefits or rights described therein.
In addition, the provisions of Section 14.1, the Town's Anti -Discrimination and Harassment
Policy, shall also apply to all elective officers and their duly appointed deputies, members
of appointive boards, commission and committees, persons engaged under contract, and
volunteer personnel.
1.2 PERSONNEL ORDINANCE
These Personnel Rules and Regulations are adopted pursuant to Resolution No. xx-24
adopted September19, 2023 May 19, 2016 by the City Council of the Town of Los Altos
Hills.
1.3 AMENDMENT OF RULES
Amendment and revisions of these rules and regulations shall become effective upon
adoption by the City Council.
1.4 VIOLATION OF RULES
Violation of the provisions of these rules -and regulations shall be grounds for rejection of
applicants or disciplinary action of incumbent employees, including suspension, demotion
or dismissal.
1.5 MEMBERSHIP IN EMPLOYEE REPRESENTATION ORGANIZATIONS
The City Manager shall designate the employees by job titles who have been determined
to be management and confidential employees. Management and confidential employees
may not represent any employee organization which represents other employees on
matters within the scope of representation.
All other employees of the Town shall have the right to form, join and participate in the
activities of employee organizations representing appropriate bargaining units of their own
choosing for the purposes of representation on all matters of employer-employee
relations, including, but not limited to, wages, hours, and other terms and conditions of
employment.
Employees of the Town shall also have the right to refuse to join or participate in the
activities of employee organizations, and shall have the right to represent themselves
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Personnel Rules & Regulations
individually in their employment relations with the Town.
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Personnel Rules & Regulations
SECTION 2
DEFINITION OF TERMS
The following terms, wherever used in these Rules, shall be defined as follows:
2.1 ANNIVERSARY DATE
The future date on which a regular or introductory employee is eligible, on the basis of a
satisfactory job performance evaluation for a prescribed period, for a merit salary
advancement within the salary range established for the class of position they occupy.
2.2 APPOINTING AUTHORITY
The,City Manager shall have the authority to approve or disapprove appointment of
employees in accordance with the Municipal Code and these rules and regulations.
2.3 AUTHORIZED POSITION
Any position authorized by the City Council to be filled by the City Manager.
2.4 BENEFITS
That listing of benefits provided or accrued to all persons employed by the Town in a
regular position. The benefits listing is an integral part of the Compensation Plan as
approved by the City Council for each fiscal year.
2.5 CLASSIFICATION
All positions sufficiently similar in duties and responsibilities, and working conditions, to
permit grouping under a common classification with a common title, and to permit the
application with equity of common standards of selection, transfer, promotion, and salary.
2.6 COMPENSATION PLAN
The assignment by City Council Resolution of salary ranges and/or salary rates, and related
employee benefits.
2.7 COMPETITIVE SERVICE
The positions and employments which are included or which may hereafter be included in
the Classification Plan, excluding management, temporary, provisional, emergency or
other non -regular positions.
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Personnel Rules & Regulations
2.8 DEMOTION
The movement of an employee from one position to another which is allocated to a
classification having a lower maximum rate of pay.
2.9 DEPARTMENT HEAD
The person appointed by the City Manager to be in charge of a department.
2.10 DOMESTIC PARTNER
See "Registered Domestic Partner."
2.11 ELECTED OFFICIAL
City Council members.
2.12 ELIGIBLE
A person whose name is on an employment list which has been approved by the City
Manager.
2.13 ELIGIBLE LIST
A list, approved by the City Manager, of names of persons who have successfully completed
an examination - which may include written, oral, practical and/or interview components -
for a given classification in the competitive service, and are ranked on the list in the order
of the score received.
2.14 EMPLOYEE
Any person hired to work for the Town at a regular salary in a position the duties of which
are subject to direct supervision and control by or on behalf of the City Manager.
Independent contractors and members of Town Committees and Commissions, whether
or not compensated, shall not be deemed to be employees within the meaning of these
Rules, with the exception that elected official will be considered as employees solely for
the purpose of eligibility for health, dental and vision benefits.
2.15 EXAMINATION
2.15.1 Open examination:
Open to all persons meeting the minimum qualifications established by the City
Manager or designee.
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Personnel Rules & Regulations
2.15.2 Promotional examination:
Limited to regular and introductory employees in the competitive service
who meet the minimum qualifications established by the City Manager.
2.16 EXEMPT EMPLOYEE
An exempt employee shall be defined, for compensation purposes, as an employee who is
exempt from overtime compensation pursuant to the Federal Fair Labor Standards Act.
These employees are listed in Section 7.5.
2.17 GROSS MISCONDUCT
Gross or egregious misconduct, including but not limited to conduct such as assault,
battery, discrimination, harassment, fraud, theft, embezzlement, and other conduct
prejudicial to the public welfare and the functioning of the employee's department or
Town.
2.18 HOURLY EMPLOYEE
An employee whose compensation is based on an hourly rate.
2.19 IMMEDIATE FAMILY MEMBER
Immediate Family Member shall be defined as a child, (which for purposes of this article
means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the
employee stands in loco parentis. This definition of a child is applicable regardless of age
or dependency status), a biological, adoptive, or foster parent, stepparent, or legal
guardian of an employee or the employee's spouse or registered domestic partner, or a
person who stood in loco parentis when the employee was a minor child, a spouse, a
registered domestic partner, a grandparent, a grandchild, a sibling, a step sibling, or in-
laws.
2.20 INTRODUCTORY PERIOD
A working test period during which an employee in a position in the competitive service is
required to demonstrate fitness for the duties to which the employee is appointed by
actual performance of the duties of the position. Employees in positions outside of the
competitive service are not subject to an introductory period because those positions are
at -will.
2.21 NON-EXEMPT EMPLOYEE
A non-exempt employee shall be defined, for compensation purposes, as an employee who
is not exempt from overtime compensation under the Federal Fair Labor Standards Act.
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Personnel Rules & Regulations
2.22 MANAGEMENT EMPLOYEE
An employee who holds a position designated as "management." These employees are
listed in Section 5.2.
2.23 OVERTIME WORK
Work by non-exempt employees which is authorized and in excess of forty (40) hours in a
designated work week.
2.24 PART-TIME POSITION
A position having a work -week of fewer hours than the work -week established for full-
time positions in the class. A part-time position may be either regular or temporary.
2.25 PERSONNEL ACTION FORM
A multi-purpose form approved by the City Manager for use in processing changes in an
employee's salary rate, employment status, or other matters set forth in this Handbook.
2.26 PERSONNEL OFFICER
The City Manager or designated representative (designee).
2.27 POSITION
A particular job assignment which includes certain duties and responsibilities assigned to
a single employee and performed on either a full-time or part-time basis.
2.28 PROMOTION
The movement of an employee from one position to another which is allocated to a
classification with a higher maximum rate of pay.
2.29 RECLASSIFICATION
The reassignment of a position from one class to a different class in accordance with a re-
evaluation of the minimum qualifications, duties and responsibilities of the position.
2.30 REGISTERED DOMESTIC PARTNER
Individual who is registered, along with another person, with the California Secretary of
State as Domestic Partners.
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Personnel Rules &Regulations
2.31 REGULAR EMPLOYEE
An employee in the competitive service who has successfully completed the introductory
period and has been retained with regular status as hereafter provided in these Rules.
2.32 REINSTATEMENT
The re-employment without examination of a former employee.
2.33 REJECTION
The separation of an employee from service during the introductory period.
2.34 SALARY ADVANCEMENT
A salary increase within the limits of the pay range established for a classification.
2.35 SALARY REDUCTION
A salary decrease within the limits of the pay range established for a classification.
2.36 SUSPENSION
The temporary separation from the service of an employee without pay for disciplinary
purposes.
2.37 TEMPORARY APPOINTMENT
An appointment to a position of limited duration of a person who possesses the minimum
qualifications established for a particular class.
2.38 TEMPORARY POSITION
A full-time or part-time position of limited duration.
2.39 TERMINATION
The separation of an employee from the Town service because of retirement, resignation,
layoff, death, dismissal, inability to perform the essential functions of a position, or for any
other lawful reason.
2.40 TOWN
The Town of Los Altos Hills.
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Personnel Rules & Regulations
2.41 TRANSFER
A change of an employee from one position to another position in the same class or in a
comparable class with the same maximum rate of pay.
2.42 WORK WEEK
The standard work week for full-time employees of the Town shall be forty (40) hours. For
purposes of payroll, the work week begins on Sunday (midnight) and ends on the next
consecutive Sunday (midnight). At the discretion of the City Manager, alternative work
schedules and work weeks may be offered. For those employees participating in a "9/80"
work schedule, the work week will begin at the midpoint of the workday the employee is
regularly scheduled to work eight hours.
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Personnel Rules & Regulations
SECTION 3
CLASSIFICATION
3.1 PREPARATION AND MAINTENANCE OF PLAN
The City Manager shall ascertain and record the duties and responsibilities of all positions
in the competitive service and, after consultation with heads of departments affected,
prepare and maintain the Classification Plan. The Classification Plan shall consist of a list of
every classification in use by the Town. The Classification Plan shall also contain, as an
addendum, job descriptions for each position, which shall include the class title; a
description of the position; examples of typical duties and responsibilities; and a
description of abilities and other qualifications for the position.
3.2 ADOPTION OF PLAN
Before the classification plan or any part thereof shall become effective, it shall first be
approved by the City Council. The job classification plan shall be amended or revised when
required in the same manner as originally established.
3.3 NEW POSITIONS
When a new position is created by City Council action, before the same may be filled, and
except as otherwise provided by Municipal Code or these Rules, no person shall be
appointed or employed to fill such position until the classification plan shall have been
amended to provide, therefore.
3.4 RECLASSIFICATION
Positions, the duties of which have changed materially to necessitate reclassification, shall
be assigned by the City Manager to a more appropriate class, whether new or already
created. Reclassification shall not be used for the purpose of avoiding restrictions
concerning demotions and promotions.
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Personnel Rules & Regulations
SECTION 4
THE SELECTION AND APPOINTMENT PROCESS
4.1 APPLICATION PROCESS
All openings (except for returning temporary/seasonal workers) shall be publicized utilizing
modern recruitment methodologies such as posting to web -based job search sites,
particularly those utilized to advertise governmental positions, and by such other recruiting
activities as the City Manager deems necessary or advisable to fill a particular position in a
way which meets the Town's goal of obtaining the most qualified employees.
The announcement shall include: Title and pay for the position; the nature of the work to
be performed; the minimum qualifications; the essential functions of the position; the
method of applying; the closing date for the application, if one is established; and such
other information as seems desirable in the discretion of the City Manager.
4.2 APPLICATION FORMS
Job applications shall be made on forms provided by the City Manager or designee. All
applications must be completed in full and signed by the person applying.
4.3 DISQUALIFICATION OF APPLICATIONS
The Town through the City Manager or the Administrative Services Director or their
designees shall reject an application, or after examination, shall disqualify or remove the
applicant's name from an eligible list, if the applicant:
1. Has made false statements, or practiced any deception or fraud on the application,
declarations, or in securing eligibility for appointment;
2. Is found to lack any of the requirements, certifications, or qualifications for the
position involved;
3. Is physically or psychologically unfit for the performance of the position duties, and
cannot be reasonably accommodated;
4. Has been convicted of a crime (including no contest pleas), either a misdemeanor
involving moral turpitude or felony that to the position duties that the applicant
would perform or would be inimical the workplace;
5. Used or attempted to use inappropriate political pressure or bribery to secure an
advantage in the examination or appointment;
6. Directly or indirectly obtained information regarding examinations;
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Town of Los Altos Hills
.Personnel Rules & Regulations
7. Failed to submit the employment application correctly or within the prescribed
time limits;
8. Has had their privilege to operate a motor vehicle in the State of California
suspended or revoked, if driving is a job requirement;
9. For any material cause which in the judgment of the City Manager or designee
would render the applicant unfit for the position.
4.4 NOTICE OF REJECTION OF APPLICATION
Defective applications may be returned, at the sole discretion of the hiring manager or City
Manager, to the applicant with notice to amend and refile, provided that the time limit for
receiving applications has not expired.
4.5 SELECTION PROCESS
After the time limit for receiving applications for a particular position has expired, the City
Manager or designee shall determine the total number of applicants who meet the
minimum qualifications for the positions. The chosen applicants shall then be given further
consideration for the position by being allowed to participate further in the selection
process by the hiring manager and Human Resources.
4.6 WAIVER OF RESPONSIBILITY
Candidates required to take part in physical agility or demonstration tests will be required
to sign a waiver of responsibility freeing the Town of all liability arising from injury incurred
during the examination.
4.7 PROMOTIONAL EXAMINATIONS
When the City Manager finds that it is in the best interests of the Town, vacancies in the
competitive service shall be filled by promotion from within the competitive service, after
an eligibility list is established. Only employees who meet the requirements for the
classification set forth in the promotional examination announcements may be admitted
to promotional examinations. If, in the opinion of the City Manager, it is in the best interest
of the Town to use an open, competitive examination instead of a closed, promotional
examination, then they shall call for applications for the vacancy and arrange for an open,
competitive examination and for the preparation and certification of an eligible list. If, in
their judgment, it is in the Town's best interest, the City Manager may arrange an
examination which is both open and promotional.
When an employee is promoted, their salary shall be that approved by the City Manager,
except that the salary shall be at least equal to or higher in salary than the employee's
present base salary.
4.7.1 Promotion within a Job Series
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Town of Los Altos Hills
Personnel Rules & Regulations
Full-time employees may be promoted within the same job series based on performance
evaluations, without a formal recruitment process. To qualify for promotion, employees
must have completed at least one year in their current role and meet or exceed
performance standards. Promotions within a job series require the Supervisor and City
Manager's approval. The City Manager or designee will review evaluations and make the
final decision.
Job Series:
1. City Manager Series
• Assistant City Manager
• Deputy City Manager
• Assistant to the City Manager
2. City Clerk Series
• City Clerk
• Admin Clerk/Technician
3. Management Analyst Series
• Management Analyst II
• Management Analyst
4. Finance Series
• Finance Manager
• Senior Accountant
• Accountant
• Accounting Technician
• Accounting Office Assistant
5. Community Development Series
• Assistant Community Development Director/Building Official
• Principal Planner
• Senior Planner
• Associate Planner
• Assistant Planner
6. Building Services Series
• Assistant Community Development Director/Building Official
• Deputy Building Official/Plan Examiner
• Senior Building Inspector
• Building Inspector
• Building Technician
7. Engineering Series
• Utility Engineering Manager
• Senior Civil Engineer
• Associate Engineer
• Assistant Engineer
8. Public Works Inspector
• Senior Public Works Inspector
• Public Works Inspector
9. Maintenance Series
• Senior Maintenance Superintendent
• Maintenance Superintendent
• Maintenance Worker III
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Town of Los Altos Hills
,Personnel Rules & Regulations
® Maintenance Worker II
® Maintenance Worker I
10. Community Services Series
Community Services Manager
Community Services Supervisor
Recreation Specialist
4.7.2 Promotion from Interim to Permanent
Full-time employees holding an interim appointment may be promoted to a permanent position
based on performance evaluations, without a formal recruitment process. An "interim"
appointment is a temporary role filled by an employee to manage the position until a permanent
replacement is found. To qualify for promotion, employees must have completed at least three
months in the interim role and meet or exceed performance standards. Promotions from interim
to permanent require the Supervisor and City Manager's approval. The City Manager or designee
will review evaluations and make the final decision.
4.8 CONDUCT OF SELECTION PROCESS
The City Manager or designee may prepare and administer or contract with any competent
agency or individual for the administration of any part of the selection process, as they
deem most appropriate.
4.9 SCORING AND QUALIFYING GRADE
Failure in one part of the examination, or to meet established standards described in the
job announcement, will be grounds for declaring such applicant as failing in the entire
examination or as disqualified for subsequent parts of an examination. A candidate's final
score in a given examination shall be the average of the scores on each competitive part of
the examination on which the applicant qualified, weighted as shown in the examination
announcement.
4.10 NOTICE OF RESULTS
Each applicant shall be notified of the examination results, including the final earned score
and ranking on the eligible list, if applicable.
4.11 ELIGIBLE LIST
After completion of any open or promotional examination, the City Manager or designee
shall prepare an eligible list consisting of the names of candidates who passed the entire
selection process, arranged in order of final standing, from the highest to the lowest.
Notwithstanding any other provision of these rules, if there are less than three (3) names
on an eligible list, the City Manager may declare such list void and fill the position(s) by any
method permitted by these Personnel Rules, including, but not limited to, undertaking new
recruiting and selection procedures. Eligible lists shall become effective upon the approval
by the City Manager.
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4.12 ELIGIBLE LIST DURATION
Eligible lists shall remain in effect fortwelve (12) months, unless the City Manager abolishes
the list, or the list is exhausted or extended by the City Manager. The City Manager may
abolish or extend the list at any time prior to the expiration of the list if they determine
that it is in the best interest of the Town to do so.
4.13 REMOVAL OF NAME
The name of any person appearing on an eligible list shall be removed by the City Manager
if the eligible applicant so requests in writing, or fails to respond within ten (10) days to a
notification of an opening from the City Manager.
4.14 TYPE OF APPOINTMENTS
Vacancies may be filled by reemployment, promotion, transfer, demotion, appointment of
hourly employees, or from the appropriate eligible list, if available. No specific list shall
have priority over other lists. The City Manager shall decide in what manner the vacancy is
to be filled.
4.15 APPOINTMENTS
The City Manager shall make final appointments. When a position is to be filled from a
promotional or open eligible list, the City Manager, after consultation with the department
head, shall choose from the specified list any of the candidates on the eligible list. If no
person among the candidates indicates a willingness to accept the appointment, or if the
City Manager determines that it is in the best interest of the Town to do so, the City
Manager may request a new examination to establish a new eligible list, or may fill the
position by any other method authorized by these Personnel Rules.
The person accepting appointment shall report to the City Manager on the date designated
by the City Manager; otherwise, the applicant shall be deemed to have declined the
appointment.
4.16 PROVISIONAL APPOINTMENTS
In the absence of appropriate eligibility lists, a provisional appointment may be made by
the City Manager for an individual who meets the minimum training and experience
qualifications for the position or is on track to secure the necessary qualifications, such as
certifications, diplomas, or other credentials, provided they can effectively perform the job.
The Supervisor and City Manager have the discretion to make this appointment under the
condition that the Supervisor ensures the employee is actively working toward obtaining
the required credentials. The employee will be granted up to one year from the date of the
provisional appointment to secure these qualifications, with the possibility of extending
this provisional period for an additional year if the employee continues to make satisfactory
progress toward obtaining the required credentials. An employment list must be
established within six (6) months for any regular position filled by provisional appointment.
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Furthermore, the City Manager may extend the provisional appointment for up to ninety
(90) days beyond the initial or extended period through a single action. It is important to
note that no special credit will be granted for service under a provisional appointment in
terms of meeting qualifications, testing, or establishing open, competitive promotional
lists.
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SECTION 5
EMPLOYMENT STATUS
5.1 INTRODUCTORY EMPLOYMENT
All original and promotional appointments to positions in the competitive service shall be
tentative and subject to an introductory period of one (1) year of actual and continuous
service from the date of appointment. Positions excluded from the competitive service
include all management, temporary, provisional, emergency, or other non -regular
positions. The City Manager shall have the discretion to extend the introductory period for
any appointment, and an employee shall not pass the introductory period unless the City
Manager affirms in writing that the employee has passed the introductory period and
attained regular status. Time spent on a protected leave of absence of ten (10) business
days or longer shall not count towards the introductory period.
5.1.1 Introductory Period Objective
The introductory period shall be regarded as a part of the testing process and
shall be used for closely observing the employee's work to determine the
employee's fitness for the position.
5.1.2 Resection During Introductory Period
An employee may be rejected at any time during the introductory period
without cause and without the right of appeal or grievance.
5.1.3 Introduction Period After Promotion
On accepting a promotion, an employee serves a new introductory period of six
(6) months of actual and continuous service. An employee does not acquire
regular status in the promotional position until the successful completion of this
introductory period. If the employee fails to satisfactorily complete the
introductory period in the promotional position, the employee shall be entitled
to return to the position held prior to promotion at the range and salary held
prior to promotion if such position is available and has not been eliminated
pursuant to a layoff, reorganization or for other budgetary purposes. The
employee is not entitled to notice, a hearing, a right of appeal, or grievance if
rejected during introduction.
Performance reports shall be prepared for every employee during their
introductory period pursuant to these Rules. The performance report for the
final three months of introduction for any employee shall be prepared and
forwarded by the department head to the City Manager at least fifteen (15) days
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.Personnel Rules & Regulations
prior to the last day of the introductory period. This performance report shall be
accompanied by the Personnel Action Form on which employee shall either be
recommended for rejection prior to the end of the introductory period or
recommended for approval as a regular employee commencing at the end of the
introductory period.
5.2 MANAGEMENT EMPLOYEES
Employees in the positions listed below are considered management employees. The City
Manager position is held at the will of the City Council; all other management positions are
held at the will of the City Manager. Benefits and rights afforded to management
employees differ from non -management employees as described in these Personnel Rules
and Regulations and any applicable provisions of a compensation plan.
• City Manager
• Assistant City Manager
• Deputy City Manager
• City Clerk
• Assistant to the City Manager
• Administrative Services Director
• Finance Director
• Finance Manager
• Senior Accountant
• Community Development Director
• Assistant Community Development Director/Chief Building Official
• Principal Planner
• Building Official
• Public Works Director/City Engineer
• Utility Engineering Manager
• Senior Maintenance Superintendent
• Maintenance Superintendent
• Senior Civil Engineer
The City Council may designate additional employees to qualify as management employees
without the need to amend these personnel rules.
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5.3 REGULAR EMPLOYMENT
Regular Full -Time Employment: Employees who successfully complete their introductory
period and who regularly work a minimum of forty (40) hours per week shall become full-
time regular employees and shall be entitled to all the benefits provided herein.
Regular Part -Time Employment: Employees who work in part-time positions of at least
twenty (20) hours per week and who successfully complete their introductory period shall
become part-time regular employees and shall be entitled to regular status equal to the
hours worked when compared to forty (40) hours per week. Benefits provided for part-
time employment shall be pro -rated based upon the comparison of hours worked to forty
(40) hours per week.
5.4 TEMPORARY EMPLOYMENT
Without following the rules regarding recruitment and selection, the Town may hire
employees on a temporary basis, usually for up to 125 days or 1000 hours in a fiscal year
for completion of a specific task or project or to address a need of limited duration.
Temporary employees may be removed at any time without cause, notice or any right of
appeal. Temporary employees are eligible for California Paid Sick Leave (AB 1522) but are
not eligible for other benefits.
5.5 EMERGENCY EMPLOYMENT
To meet the immediate requirements of an emergency condition, such as a flood, earthquake, or
other public calamity which threatens public life or property, the City Manager may employ such
persons as may be needed for the duration of the emergency without regard to these rules and
regulations affecting appointments.
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SECTION 6
ATTENDANCE AND LEAVES OF ABSENCE
6.1 REQUIREMENTS OF ATTENDANCE/PUNCTUALITY
Employees shall be in attendance at their work during the hours assigned by the
department head. Each department head shall submit attendance records to Payroll on
standardized forms and at times specified by the City Manager or designee.
Individual work efforts are very important for the Town's overall success. The Town
depends on employees to report to work regularly and at the agreed time. Poor attendance
and tardiness disrupt productivity and make it difficult to function effectively and properly.
Any unauthorized absence or tardiness may be cause for disciplinary action, up to and
including discharge from employment. Authorized absence is defined as permission to be
absent from duty for a specified purpose, with the right to return before or upon the
expiration of the leave period.
The Town provides several types of leave accruals as a benefit for regular employees, as
described in the benefits listing approved by Council as part of the Compensation Plan.
Employees are responsible for the management of their leave balances and the appropriate
use thereof. Nothing in this policy should be construed as infringing on an employee's rights
under federal or state disability laws, or the laws governing protected leaves of absence
(i.e. CFRA, Pregnancy Disability Leave, Workers' Compensation leave, etc.).
Except in extraordinary circumstances, an employee who is unable to report for work at
the beginning of their workday or shift as established by the department head, shall notify
their immediate supervisor or the City Manager before commencement of such shift. If the
employee becomes ill while at work or must leave the office for some other reason before
the end of the workday, the employee shall inform their immediate supervisor or the City
Manager of the situation prior to leaving work, or as soon thereafter as practicable in
emergency circumstances.
6.2 SICK LEAVE AND VERIFICATION
As of July 1, 2015 California Law requires employers to provide employees, who work in
California for 30 or more days within a year from the commencement of employment, with
3 days or 24 hours paid sick leave. An employee is not eligible to begin using any accrued
sick leave until after 90 days of employment with the Town.
Sick leave is defined as absence because of illness, injury, exposure to contagious disease,
caring for a sick member of the employee's immediate family, or doctor and dental
appointments when it is not feasible to schedule them on the employee's own time.
The accrual and use of sick leave shall be governed by the following provisions:
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1. Permanent employees shall accrue sick leave at the rate of eight (8) hours for each
full month of service, or at the designated prorated rate.
2. Temporary employees shall be allotted 3 days or 24 hours at the beginning of each
12 -month period. An employee is only eligible to use the leave after 90 days of
employment with the Town. Paid sick leave shall be taken in increments of no less
than two (2) hours.
3. Sick leave shall not be considered as a privilege which an employee may use at their
discretion, but shall be allowed only in case of necessity and actual sickness or
disability of the employee or a member of the employee's immediate family.
4. Consistent with SB 579, an employee shall be allowed to use up to one-half of their
annual sick leave accrual for the following reasons:
a. the diagnosis, care or treatment of an existing health condition of, or
preventative care for, an employee;
b. the diagnosis, care or treatment of an existing health condition of, or
preventative care for, an immediate family member; or
c. an employee who is the victim of domestic violence, sexual assault, or
stalking. Any such use shall not be a basis for any punitive action by the
Town.
5. In order to be entitled to sick leave, an employee who is unable to report for work
shall so notify their supervisor prior to commencement of their shift. In addition, if
the employee is absent on sick leave for more than one (1) day, the employee shall
keep the supervisor informed as to the date they expect to return to work.
6. A department head, manager, or supervisor may at their discretion require
employees to furnish reasonable acceptable evidence, including a doctor's
certificate, to substantiate a request for sick leave if the sick leave exceed three (3)
consecutive workdays. A department head, manager, or supervisor may also
require a doctor's certificate or other form of verification where leave abuse is
suspected. If it appears that an employee is abusing sick leave or is using sick leave
excessively, the employee will be counseled that the continued use of sick leave
may result in a requirement to furnish a medical certificate for each such
subsequent absence for sick leave regardless of duration. Continued abuse of leave
or excessive use of sick leave may constitute grounds for discipline up to and
including dismissal. The policy outlined above pertains to sick leave verification. For
information on medical certification requirements under the CFRA, please consult
with Section 6.13 of this handbook.
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6.3 CATASTROPHIC LEAVE
On an annual basis, employees may "donate" up to sixteen (16) hours of their accrued sick
leave to a catastrophic leave bank. Catastrophic leave may be granted to an employee at
the discretion of the City Manager when the employee is absent because of a serious
illness, injury, short-term disability, exposure to contagious disease or caring for a sick
member of the employee's immediate family. Such leave will be granted only when the
employee has exhausted all accrued paid leave and is capped at 80 hours.
6.4 HOLIDAYS
Each regular and management employee of the Town shall be entitled to the following
holidays with pay and no others:
• New Year's Day
• Martin Luther King Day
• Presidents' Day
• Cesar Chavez Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Indigenous Peoples' Day
• Veterans' Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve Day
• Christmas Day
January 1
Third Monday in January
Third Monday in February
March 31
Last Monday in May
June 19
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
If any holiday falls upon a Sunday, the Monday following shall be observed as the holiday.
If the holiday falls upon a Saturday, the Friday preceding shall be observed as the holiday.
If a non-exempt employee is required to work on the actual holiday, the employee will be
compensated double time. The observed holiday is not considered working on the holiday.
No employee shall be entitled to compensation for any holiday herein specified unless such
an employee shall have been employed by the Town on the day preceding and the day
following such holiday. For the purposes of this paragraph, an employee who is absent on
any authorized paid leave shall be deemed to be employed at such time.
Temporary, provisional, emergency or other non -regular positions are not entitled to
compensation for Town holidays.
6.4.1 Floating Holidays
If an employee is required to work on a recognized holiday to meet Town
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obligations, and with prior approval from the Department Head or City Manager,
the employee may convert that workday into a Floating Holiday. This Floating
Holiday must be used within the same calendar year in which it is earned and cannot
be cashed out or carried over to the next year.
6.5 VACATION
All management employees and full-time regular employees shall be entitled to vacation
leave with pay. Regular Part -Time employees are entitled to vacation leave with pay
prorated according to hours worked. Vacation time shall be credited on the first payroll
date of employment and every pay period thereafter for each regular employee.
Vacation time shall be initially earned at the rate. of eight (8) hours for each month of
service, or ninety-six (96) hours per year. Commencing with the third -year of employment
with the Town, including introductory period, an employee shall earn ten (10) hours for
each month of service. Commencing with the sixth -year of service with the Town, including
introductory period, an employee shall earn thirteen and one third (13.33) hours for each
month of service. Commencing with the ninth year of service with the Town, including
introductory period, an employee shall earn sixteen and two third (16.67) hours for each
month of service. Commencing with the twelfth year of service with the Town, including
introductory period, an employee shall earn twenty (20) hours for each month of service.
In summary vacation accrues as follows and each year thereafter shall be credited as
follows:
Years of
Service
Vacation Hours Earned
Per Month
Vacation Hours
Earned Per Year
Vacation Days Earned Per
Year
0-2
8
96
12
2-5
10
120
15
5-8
13.33
160
20
8-11
16.67
200
25
11+
20
240
30
At time of hiring, the City Manager may provide a new employee credit for years of service
in another public agency for purposes of determining eligibility for vacation accrual.
All vacation leave must be pre -approved by the department head, manager, or supervisor.
Approval of leave does not indicate that the employee has available leave hours. The
employee is responsible for ensuring that the leave hours are available prior to requesting
approval from the department head. Use of vacation leave in less than four-hour
increments shall be discouraged.
Use of vacation leave earned in a given year may be deferred to the following year.
However, at no time may an employee have a total balance of vacation hours in excess of
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320 hours. When the employee reaches the maximum accrual, they shall cease earning
vacation until the vacation leave balance falls below 320 hours. If they use up sufficient
benefits to fall below the benefit cap, they will resume accruing benefits for future service
beginning with the following month.
Where a paid holiday falls during the period of an employee's vacation leave, that day shall
not be charged against the employee's vacation accrual.
6.5.1 Vacation Cashout
Once each calendar year an employee may cash out up to their full annual accrual
of vacation time, provided that the employee has taken 40 hours of leave
(Vacation or Administrative) in the previous 12 months and retains 80 hours of
accrued leave.
1. To be eligible for cash out vacation, employees must pre -elect the number of
vacation hours they will cash out during the following calendar year up to
their full accrual, prior to the start of that calendar year. The election will
apply only to vacation hours accrued in the next tax year and eligible for cash
out.The election to cash out vacation hours in each designated year will be
irrevocable. This means that employees who elect to cash out vacation hours
must cash out the number of accrued hours pre -designated on the election
form provided by the Town.
2. Employees who do not pre -designate or decline a cash out amount by the
annual deadline established by the Town will be deemed to have waived the
right to cash out any leave in the following tax year and will not be eligible to
cash out vacation hours in the next tax year.
3. Employees who pre -designate cash out amounts may request a cash out at
any time in the designated tax year by submitting a cash out form to payroll.
Payroll will complete the cash out upon request, provided the requested cash
out amount has accrued and is consistent with the amount the employee pre -
designated. If the full amount of hours designated for cash out is not available
at the time of cash out request, the maximum available will be paid.
4. For employees who have not requested payment of the elected cash out
amount by November 1 of each year, Payroll will automatically cash out the
pre -designated amount in a paycheck issued on or after the payroll date
including November 1.
6.6 COMPENSATORY TIME OFF
Compensatory time off can be earned by non-exempt employees pursuant to Section 7.5,
at a rate of one and a half (1.5) hours of paid time off, to be taken at a later date, for each
hour of overtime worked. Compensatory time off may be accrued to a limit of Forty (40)
hours and may be used in lieu of other types of leave, following the provisions and
requirements of vacation leave. On the last full pay period each December all unused
compensatory time shall be cashed out at the employee's rate of pay.
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6.7 STANDBY ASSIGNMENT AND COMPENSATION
The City Manager may schedule standby assignments for employees on an as -needed
basis. Standby assignments shall be made to provide services outside the regular work
schedule. Standby shall be assigned for the months of October through April, with
additional standby periods to be determined on an as -needed basis at the discretion of the
City Manager.
Using a list of non-exempt maintenance employees, standby assignments shall be offered
by rotation based on seniority. Each rotation will last for seven (7) days. Assignments of
standby duty is recommended for one full week (Sunday to Saturday) at the discretion of
the City Manager and the department director. Seniority for the purpose of this section is
defined as total continuous service to the Town. The Town will first ask for standby
assignment volunteers. In the absence of volunteers, the Town shall assign standby to
employees. To the best of its ability, the Town shall schedule standby assignments as far
in advance as possible. In an effort to encourage standby assignment volunteers, the
Town shall provide additional compensation for standby assignments at a rate of fifty
dollars ($50) per day of standby assignment. Standby assignment compensation is
provided in addition to the employees overtime pay. Town shall provide a cell phone to
employees or those employees electing to receive a stipend may use their own cell phone
while on standby assignment.
6.8 JURY DUTY/COURT APPEARANCES
Every employee who is called or required to serve as a juror shall be entitled to be absent
during the period of such service. Under such circumstances, the employee shall surrender
any payment received for jury service except for mileage compensation. The Town will pay
the employee their regular salary for this duty.
An employee who is subpoenaed to appear in court in an official capacity shall be allowed
to do so without loss of compensation. An employee subpoenaed to appear in court in a
matter unrelated to their official capacity as an employee shall be permitted to use accrued
vacation or compensatory leave for this purpose, except where the underlying matter is
brought by the employee against the Town.
6.9 BEREAVEMENT LEAVE
Employees shall be allowed paid time off in the event of a death in the immediate family.
Up to five (5) days of such leave shall be allowed for the death of each member of the
immediate family. The employee may request, and the City Manager may approve in their
absolute discretion, bereavement leave in the event of the death of other individuals
unpaid bereavement leave forgreaterthan five (5) days is unpaid leave. Bereavement leave
must be completed within three (3) months of death of the family member; however, leave
days don't need to be consecutive. The Town may require documentation (includes death
certificate, published obituary or written verification of death, burial, or memorial services
from a mortuary, funeral home, burial society, crematorium, religious institution or
governmental agency) of death of family member within 30 days of the first day of
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Personnel Rules & Regulations
bereavement leave.
6.10 MILITARY LEAVE
Military leave shall be granted by the City Manager in accordance with applicable provisions
of State and Federal law. An employee requesting military leave shall provide the City
Manager with notice as soon as possible and shall provide the City Manager with a copy of
any military orders or other information necessary to make a determination regarding the
employee's request for leave. An employee requesting military leave shall give the City
Manager an opportunity, within the limits of State and Federal law, to determine when
such military leave shall be taken, and the City Manager may modify the employee's work
schedule to accommodate approved military leave.
6.11 INDUSTRIAL ACCIDENT LEAVE
Industrial accident leave means the absence from duty of an employee because of work -
incurred illness or bodily injury when such absence has been accepted for coverage under
the provisions of the Workers' Compensation laws of the State of California. Employees on
workers' compensation leave may use accrued sick leave time to supplement any monetary
difference between their normal rate of pay and workers' compensation temporary
disability benefits. Upon exhaustion of accrued sick leave time, employees may elect to
supplement with accrued vacation time. However, such supplementation shall not entitle
employees to continue employment if otherwise qualified for separation from Town
service due to disability retirement or for any other lawful reason.
6.12 ADMINISTRATIVE LEAVE
The City Manager may grant leave to exempt personnel who are not eligible for overtime
pay up to a maximum accrual of ninety-six (96) hours per calendar year. Administrative
leave is fully accrued for the year upon the first pay period in January of every calendar
year, or on a pro -rated basis for any employee that starts their employment after this pay
period. Such administrative leave shall not be deducted from vacation credits. Use of
administrative leave accrued in a given year may be deferred to the following year.
However, at no time may an employee have a total balance of administrative leave hours
in excess of ninety-six (96) hours. Employees shall only be entitled to cash -out accrued
unused administrative leave upon separation from employment. Use of administrative
leave is allowed at the discretion of the City Manager.
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6.13 CALIFORNIA FAMILY RIGHTS ACT (CFRA - SB 1383)
6.13.1. Statement of Policy
The Town of Los Altos Hills will grant CFRA leave to eligible employees for up to
twelve (12) work weeks per twelve (12)—month period for any one or more of
the following reasons:
A. The employee's own serious health condition that makes the employee
unable to perform the functions of their position, except for leave taken for
disability on account of pregnancy, childbirth, or related medical conditions
(instead, this is covered under Pregnancy Disability Leave, which does not
run concurrently with leave under the CFRA).
B. To care for an immediate family member (employee's spouse, parent,
registered domestic partner, child or registered domestic partner's child of
any age, sibling, grandparent or grandchild), or designated person with a
serious health condition.
C. To care for the employee's newborn child, within one (1) year of the birth
(also known as child/baby bonding), or for the placement of a child for
adoption or foster care, within one (1) year of placement.
D. A qualifying military exigency related to the covered active duty or call to
covered active duty of an employee's spouse, domestic partner, child (of
any age) or parent in the United States armed forces, as specified in Section
3302.2 of the Unemployment Insurance Code.
6.13.2. Definitions
A. "Child" - means a person either under 18 years of age, or an adult
dependent child. An employee's "child" is a biological, adopted, foster,
step—child or legal ward or to whom the employee stands in loco parentis.
Either day -to- day care or financial support may establish an in loco parentis
relationship where the employee intends to assume responsibilities of a
parent with regard to a child.
B. "Twelve (12) -Month Period" - means a rolling twelve (12) -month period
measured backward from the date leave is taken and continuous with each
additional leave day taken.
C. "Serious Health Condition" - means an illness, injury, impairment, or a
physical or mental condition that involves:
1. Inpatient care; or
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Personnel Rules & Regulations
2. Any period of incapacity requiring absence from work for more than
three calendar days AND that involves continuing treatment by a
health care provider; or
3. Continuing treatment by a health care provider for a chronic or long-
term health condition that is incurable or which, if left untreated,
would likely result in a period of incapacity of more than three
calendar days and two visits to a health care provider, or one visit to
a health care provider and a continuing regimen of care; an incapacity
caused by a chronic condition or permanent or long-term conditions;
or absences due to multiple treatments. Other situations may also
meet the definition of "continuing treatment."; or
4. Prenatal care by a health care provider.
D. "Spouse or registered domestic partner" - If both spouses or registered domestic
partners (as defined or recognized under state law) work for the Town, their total
leave in any twelve (12)- month period may be limited to twelve (12) weeks each if
the leave is taken for either the birth or placement for adoption or foster care of a
child or to care for a sick parent. "Contin uing Treatment" - means:
1. Two or more visits to a health care provider; or
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; or
4. In the case of a serious, long-term or chronic condition or disability
that cannot be cured, being under the continuing supervision of, but
not necessarily being actively treated by, a health care provider.
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6.13.3. Coverage and Eligibility
To be eligible for CFRA an employee must:
A. Have worked for the Town of Los Altos Hills for at least twelve (12)
months prior to the commencement of leave; and
B. Have actually worked at least 1,250 hours for the Town during the twelve
(12) month period immediately preceding the commencement of the
leave.
6.13.4. Intermittent or Reduced Leave
A. An employee may take leave intermittently (a few days or a few hours at
a time) or on a reduced leave schedule to care for an immediate family
member with a serious health condition or because of a serious health
condition of the employee when "medically necessary." Employees who
require intermittent or reduced -schedule leave must try to schedule their
leave so that it will not unduly disrupt the Town's operations. Intermittent
leave is permitted in intervals of at least one hour or at the same intervals
as provided in the Town's sick leave, vacation or paid -time -off policy,
whichever increments are smaller.
1. "Medically necessary" means there must be a medical need for the
leave and that the leave can best be accomplished through an
intermittent or reduced leave schedule.
2. The employee may be required to transfer temporarily to a position
with equivalent pay and benefits that better accommodates
recurring periods of leave when the leave is planned based on
scheduled medical treatment.
B. An employee may take leave intermittently or on a reduced leave
schedule for birth or placement for adoption or foster care of a child only
with the City Manager's consent.
For regular part—time employees who qualify, the family and medical
leave entitlement is calculated on a prorated basis. A weekly average of
the hours worked over the twelve (12) weeks prior to the beginning of the
leave will be used for calculating the employee's normal work week.
6.13.5. Substitution of Paid Vacation Time
A. If an employee requests leave for any reason permitted under this policy,
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they must exhaust all accrued leaves (except sick leave) in connection
with the leave. The exhaustion of accrued leave will run concurrently with
the leave under this policy.
B. If an employee requests leave for their own serious health condition, in
addition to exhausting accrued leave, the employee must also exhaust
accrued sick leave.
6.13.6. Notice Requirement
A. Although the Town recognizes that emergencies arise which may require
employees to request immediate leave, employees are required to give
as much notice as possible of their need for leave. If leave is foreseeable,
at least thirty (30) days notice is required and employees should consult
with their supervisor regarding scheduling of planned medical treatment
or supervision in order to minimize disruption to the Town's operations.
If the employee cannot provide 30 days' notice, the employee must
inform the Town as soon as practical. In addition, if an employee knows
that they will need leave in the future, but does not know the exact
date(s) (e.g. for the birth of a child or to take care of a newborn), the
employee shall inform their supervisor as soon as possible that such leave
will be needed.
B. If the Town determines that an employee's notice is inadequate or the
employee knew about the leave in advance of the request, the Town may
delay the granting of the leave until it can, in its discretion; adequately
cover the position with a substitute
6.13.7. Medical Certification
A. For leaves taken because of the employee's or a covered family member's
or a designated person's serious health condition, the employee must
submit a completed "Physician or Practitioner Certification" form or
equivalent notice and return the certification to the City Manager or
designee. If leave is needed to care for a sick family member or designated
person, the employee must submit a "Physician or Practitioner
Certification" stating: date of commencement of the serious health
condition; probable duration of the condition; estimated amount of time
for care by the health care provider; and confirmation that the serious
health condition warrants your participation. If leave is needed for the
employee's serious health condition, the employee must submit a
"Physician or Practitioner Certification" stating: date of commencement
of the serious health condition; probable duration of the condition; and
the employee's inability to work at all or to perform any one or more of
the essential functions of the position because of the serious health
condition. Medical certification must be provided by the employee within
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fifteen (15) days after leave is requested, or as soon as is reasonably
possible.
B. The Town may require a second or third opinion (at Town's expense),
periodic reports on the employee's status and intent to return to work,
and a fitness -for -duty report to return to work.
C. All documentation related to the employee's, family member's, or
registered domestic partner's medical condition will be held in confidence
and maintained in the employee's medical records file separate from the
regular personnel file.
6.13.8. Effect on Benefits
A. Leave under this policy is unpaid. While on leave, the employee's health
insurance premiums will be paid by the Town to the extent that they are
paid while the employee is on the job. However, employees will not
continue to receive other benefits which are not provided pursuant to the
Town's group health plans. Employees will be eligible to participate in
employment benefit plans, however, to the same extent and under the
same conditions as would apply to employees on unpaid leave granted by
the employer for purposes other than CFRA Leave.
B. If applicable, employees may make the appropriate contributions for
continued coverage under their health insurance plans either through
payroll deduction or by direct payment to the Finance Department. The
employee will be advised in writing at the beginning of the leave period
as to the amount and method. Employee contribution amounts are
subject to any change in rates that occurs while the employee is on
leave.lf an employee's contribution is more than thirty (30) days late, the
Town may terminate the employee's insurance coverage.
C. Employees may re -enroll in those insurance plans that they have chosen
to discontinue while on unpaid leave on the first of the month following
their return.
D. If the employee fails to return from CFRA leave for reasons other than (1)
the continuation of a serious health condition of the employee or a
covered family member or (2) circumstances beyond the employee's
control (certification required within thirty (30) days of failure to return
for either reason), the Town may seek reimbursement from the employee
for the portion of the premiums paid by the Town on behalf of that
employee (also known as the employer contribution) during the period of
leave. Likewise, if the employee fails to return from CFRA leave, the
Town's obligation to maintain the employee's group health plan benefits
ends (subject to any applicable COBRA rights).
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E. An employee is not entitled to seniority or benefit accrual during periods
of unpaid leave but will not lose accruals earned prior to leave. Time
counted towards an employee's anniversary date shall also be deferred
for the time of the leave without pay.
6.13.9. Job Protection
A. If the employee returns to work before or at the end of twelve (12) weeks
following a family/medical leave, they will be reinstated to their former
position or an equivalent position with equivalent pay, benefits, status
and authority.
B. The employee's restoration rights are the same as they would have been
had the employee not been on leave. Thus, if the employee's position
would have been eliminated or the employee would have been
terminated but for the leave, the employee would not have the right to
be reinstated upon return from leave.
C. If the employee fails to return at the end of a family/medical leave, the
employee will be reinstated to their same or similar position only if the
position is available and the Town deems that it is appropriate to do so,
in accordance with applicable laws and these Personnel Rules.
6.13.10. Family/Medical Leave Forms to Be Submitted By The Employee
Employees must fill out the following applicable forms in connection with leave
under this policy.
1. Request for Family/Medical Leave Form
2. Certification of Physician or Practitioner
3. Authorization for Payroll Deduction for Benefit Plan Coverage
Continuation During a Family/Medical Leave of Absence
4. Fitness for Duty to Return from Leave
5. Certification of Qualifying Exigency for Military Family Leave
6.14 PREGNANCY DISABILITY LEAVE
An employee unable to work due to pregnancy is eligible for up to four (4) months of unpaid
pregnancy disability leave (PDL) as defined by law, so long as the employee's attending
physician certifies that they are physically unable to work due to pregnancy or a pregnancy -
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related condition. During said leave of absence without pay, the employee has the option
of using accumulated sick leave, compensatory time and/or vacation credits. The maximum
combined leave for California employees for both Pregnancy Disability and Family Care
Leave for the birth of a child is four (4) months plus twelve (12) work weeks, assuming that
the employee is disabled by pregnancy for four (4) months and requests and is eligible for
twelve (12) weeks of CFRA Leave. Insurance premiums will be paid by the Town to the
extent that they were paid when the employee was at work only while they are using
accrued leave time. They will be responsible for paying for their own insurance premiums
while they are on unpaid leave. Information regarding such payments will be available in
the Finance Department.
After PDL and CFRA leave, if applicable, expires and if the employee is on unpaid status or
the employee has less than 20 hours per week on their timesheet, the employee may elect
to continue and enroll in COBRA benefits at employee's expense.
The employee will be accruing sick leave, floating holiday and vacation leave during the
period of time, if any, the employee is in paid status. Anytime the employee's hours adjust
to less than 40 hours per week, regardless of paid status, the employee's accrual rate (sick
leave, vacation leave, floating holiday) will be prorate and adjusted accordingly. Sick leave,
floating holiday and vacation leave do not continue to accrue during any period the
employee is on unpaid status.
Under the California Family Rights Act (CFRA) eligible employees are entitled up to 12
additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave,
employee must be employed by the Town for at least one year and have worked at least
1250 hours during the year preceding the leave. The leave is unpaid, but the employee may
use floating holiday, compensatory time and vacation leave in order to receive pay during
the leave. The employee may use sick leave for a baby's illness or doctor's appointment
when applicable to receive pay during the leave. Bonding leave must be used within one
year of the birth of the baby.An employee who plans to take PDL must give reasonable
notice (not less than 4 weeks if anticipated or as soon as possible if the leave is unforeseen)
before the date employee expects to take the leave.
Upon expiration of the approved leave, the employee shall be reinstated to her former
position or to an available comparable position. The comparable position is one having
similar terms of pay, location, job content and promotional opportunities. However, as with
Family Leave, an employee has no greater right to reinstatement or to other benefits or
conditions of employment than if the employee had been continuously employed during
the pregnancy or pregnancy leave. Prior to the employee being reinstated, the department
head may require a statement from the attending physician that the employee is physically
capable of resuming the regular duties of her position. If an employee requires reasonable
accommodations as a result of pregnancy, employee should consult with Human
Resources. Employees disabled by pregnancy and employees on leave to bond with a baby
may be eligible for benefits under State Disability Insurance. Additional information 'is
available at www.edd.ca.gov/Disability.
Failure to return to work after the authorized four-month leave period results in the
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employee having no reinstatement rights.
6.15 ADOPTION LEAVE
Upon request, a leave of absence without pay for up to four (4) work weeks will be granted
to adoptive parents. Such leave must be used within one year of the adoption. The Town
will pay health and welfare benefits for the duration of the leave as the same rate as prior
to the leave consistent with the contributions as provided for under the existing Employee
Handbook.
If the employee is eligible for CFRA (employed by the Town for at least one year and worked
at least 1250 hours during the year preceding the leave), employee may be eligible for up
to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work
weeks) for bonding with the adopted child during the first year after adoption. The
employee may be eligible for health benefits during the twelve (12) work week period at
the same rate as prior to the leave as provided for under the existing Employee Handbook.
During adoption leave, accrued vacation may be used by the employee at their option in
order to receive pay during the leave. Sick leave may only be used during the leave in the
event of illness or medical appointments for the adoptive child during the leave.
LEAVE WITHOUT PAY Upon the request of the employee and the recommendation of the
department head, a leave of absence without pay may be granted by the City Manager, in
their absolute discretion, to an employee. Requests for leave of absence without pay shall
state specifically the reason for the request, the date when it is desired to begin the leave,
and the date of return. A leave of absence without pay may be granted for a period not to
exceed one year.
Failure of the employee to return to their employment upon the termination of any
authorized leave of absence shall constitute a separation from service of that employee
subject to due process procedures for separation.
Leave of absence without pay shall not be construed as a break in service.or employment,
and rights accrued at the time the leave is granted shall be retained by the employee;
however, vacation credits, sick leave credits, all other paid leaves, holidays and fringe
benefits and other similar benefits shall not accrue to a person granted such leave during
the period of absence. Nor shall the employer be required to maintain contributions
toward group insurance or retirement coverage. During the period of such leaves, all
service and leave credits shall be retained at the levels existing as of the effective date of
the leave. However, time counted toward an employee's anniversary date shall be deferred
for the time of the leave without pay. The employee shall be reinstated to their former
position or to an available comparable one if the former position is abolished during the
period of leave and the employee would otherwise not have been laid off.
6.16 SUPERVISORY DISCRETION
Department heads shall have the discretion to place employees on sick leave when in the
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judgment of the department head, the presence of the employee at work would endanger
the health and welfare of other employees or where the illness or injury of the employee
interferes with the performance of such employee's duties.
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SECTION 7
COMPENSATION AND PAYROLL PRACTICES
7.1 PREPARATION OF COMPENSATION PLAN
The City Manager or designee, or the person or agency employed for that purpose, shall,
during the budget preparation period each year or whenever directed by the City Council,
prepare a Compensation Plan covering all classes of positions, excluding the City Manager
position, showing a range of pay for each position.
7.2 ADOPTION OF PLAN
The Compensation Plans for all positions shall be adopted by the City Council and may be
amended from time to time by resolution of the City Council. Amendments and revisions
of the plans may be suggested by an interested party. At the discretion of the City Manager,
such amendments and revisions may be submitted to the City Council. The City Manager
may approve an hourly rate of compensation for temporary positions, based on the
Council- approved hourly Compensation Plan with adjustments for special circumstances.
Notice of City Council consideration of the proposed Compensation Plan, amendments, or
revisions shall be posted in the manner prescribed by State Law. No position shall be
assigned a salary not in conformance with the salary schedule unless the salary schedule
for the class is amended in the same manner as herein provided.
7.3 AUTHORIZATION OF OVERTIME
For the purpose of this provision, overtime includes double-time, call -out, and stand-by.
Non—exempt employees may be required to work overtime at the discretion of their
supervisor. The supervisor shall be empowered to authorize or require overtime as needed,
including but not limited to the following types of situations:
1. To take care of operating emergencies;
2. To handle peak workloads or to finish incomplete work when it is not possible or
practical to employ additional personnel;
3. To attend meetings connected to Town business outside of regular work hours;
4. To meet temporary conditions where the Town is unable to secure qualified
personnel to fill authorized positions; or
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5. On occasions as deemed necessary in the judgment of the responsible supervisor.
Non—exempt employees shall not be allowed to perform any overtime work unless
such work has been authorized in -writing by their supervisor.
7.3.1 Overtime Pay at Time -and -a -Half
Non-exempt employees shall be compensated for overtime worked at the rate of
one and one-half (1 1/2) times their regular hourly rate for all hours worked in
excess of forty (40) hours in a workweek.
Subject to the limitations described in Section 6.6, an employee may choose to
receive compensatory time off hours at the rate of one and one-half (1.5) hours for
each hour of overtime worked. The time when compensating time off may be taken
shall be at the discretion of the supervisor.
Hours worked shall be defined, for the purpose of determining overtime as those
hours for which an employee is compensated by the Town for regular work,
holidays, sick leave, vacation and compensatory time off. These hours shall be
counted toward the accumulation of the work week as defined in this manual.
7.3.2 Overtime Pay at Double
In compliance with California Labor Law, non-exempt employees shall be
compensated for overtime worked at the rate of two (2) times of their regular
hourly rate for
® all hours worked in excess of 12 hours in any workday
® all hours worked in excess of eight on the seventh consecutive day of
work in a workweek; or
e all hours worked on official holiday (listed on Section 6.4)
7.4 DEFINITION OF EXEMPT EMPLOYEE
Exempt employees are paid on a salary basis and are not subject to the overtime pay
requirements of the Fair Labor Standards Act. The Town has determined that various
executive, administrative and/or professional employees are exempt from the overtime
requirements of the Fair Labor Standards Act (FLSA). Employees in the following job
classifications are considered exempt:
• City Manager
® Assistant City Manager
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• Deputy City Manager
• City Clerk
• Administrative Services Director
• Finance Director
• Community Development Director
• Assistant Community Development Director/Chief Building Official
• Public Works Director/City Engineer
• Finance Manager
• Utility Engineering Manager
• Principal Planner
• Community Services Manager
• Senior Maintenance Superintendent
• Maintenance Superintendent
• Management Analyst II
• Senior Engineer / Senior Planner / Senior Accountant
• Assistant to the City Manager
• Building Official
• Deputy Building Official/Plan Examiner
Notwithstanding, in the event that the existence or threatened existence of a "local
emergency" proclaimed in accordance with Title 4, Chapter 1, section 4-1.08 of the
Municipal Code, and/or a disaster or a state of emergency that affects the Town of Los
Altos Hills is proclaimed by the County of Santa Clara, the State of California, or declared
by the President, exempt employees shall be paid overtime for the hours that they work
as official Disaster Service Workers performing functions related to emergency response
activities as follows.
Exempt employees shall be paid "emergency overtime" for each hour worked in a
proclaimed/ declared emergency performing disaster response activities so long as the
hour, when combined with the hours of the employee's regular work in the same work
week, exceeds 40 hours. For example, if an employee actually works a total of fewer than
40 hours of combined regular work and disaster relief work in the applicable week (e.g.
due to vacation or sick leave taken that same week), the employee would not be entitled
to any emergency overtime. And, regardless of whether an employee worked 40, 45 or
50 hours of regular work in the same week in which the employee also worked 10 hours
of disaster relief, the employee would be entitled to 10 hours of emergency overtime.
The EOC Director, working with Human Resources shall strive to ensure overtime is
equitably assigned to all qualified personnel.
Emergency overtime shall be paid at the straight time base hourly rate of pay. The hourly
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rate of pay shall be calculated by dividing the exempt employee's current monthly salary
by 173.33 (straight time).
This method of accounting for "Exempt Employee Disaster Overtime Pay" shall be
followed in all disasters, proclaimed or declared at any level.
Emergency overtime will be paid until such time as the imminent threat to life safety,
public health and/or improved property shall cease to exist. The EOC Director shall
determine the termination date of emergency overtime based on emergency
circumstances for a specific disaster proclamation. In any case of disaster overtime shall
not be paid when the Emergency Operations Center ceases to operate.
If a request for Mutual Aid is received and an exempt employee is assigned to be a
Disaster Service Worker in another jurisdiction, exempt employee compensation will be
based on the Mutual Aid or Assistance for Hire agreement established for that specific
event, and not subject to this policy.
7.5 MISCELLANEOUS PAY PROVISIONS
7.5.1. Out -of -Classification Pav
Employees who by assignment from their department head or the City Manager
perform the essential functions of a position with a higher salary classification
than which they are regularly employed shall receive increased compensation
beginning on the third (3rd) consecutive work day that the employee performs
such functions; said increased compensation will provide the employee an
increase ranging from five percent to ten percent of their current base pay. The
specific amount of the increase will be determined based on the assignment's
length, complexity, and workload. Determinations regarding whether an
employee is entitled to out -of -classification pay shall be made in the sole
discretion of the City Manager. Out -of -classification assignments may be
terminated by a department head or the City Manager at any time. Out of class
assignments shall be limited to nine -hundred and sixty (960) hours per fiscal year
in accordance with Government Code Section 20480.
7.5.2 Call Out Pay
Should a non-exempt employee be directed to report to duty by the City
Manager or designee, or respond to a clear and immediate emergency during
off- duty hours, they will be compensated for hours worked at twice their regular
hourly rate. Employees will be compensated for a minimum of two
(2) hours for each response to an authorized call out.
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7.5.3 Salary Placement/Advancement
The Compensation Plan is designed to establish a reasonable range of wages for
each position of employment, and allows for adequate budgetary
appropriations to be made for salary costs each fiscal year. The plan provides
flexibility in wages in order to compensate for an employee's increased
competence, experience and value added to the organization. No salary
advancement shall be made so as to exceed any maximum rate established in
the Compensation Plan for the employee's position.
7.5.2.1 Initial Placement
New employees or those assigned to new classifications shall be
assigned a salary within the range for the classification which the City
Manager, with recommendation from the appropriate department
head, finds to be most appropriate according to the experience, past
performance, educational accomplishments and other qualifications
of the employee concerned, provided adequate budgetary
appropriations exist.
7.5.3.2 Salary Increase
Advancement within a salary range may, but will not automatically,
occur at intervals of one (1) year in length effective with each
satisfactory performance review. An exception may be made for
newly hired or promoted employees, who shall have a salary
advancement review six (6) months after their date of initial hire or
promotion. The salary advancement review shall be contingent upon
recommendation of the City Manager, based upon his/her review of
the employee's performance, including but not limited to review of
the following factors: increased service value of an employee to the
Town, as exemplified by recommendations of his/her department
head, performance records, special projects accomplished, training
undertaken, or other pertinent evidence.
In the event an employee is denied a salary increase based on
unsatisfactory performance, the City Manager may at any time
during the ensuing year approve the increase effective on the date
of approval, based upon a satisfactory performance review.
Failure to receive a salary increase shall not be considered
disciplinary action and is not subject to any right of appeal or
grievance process.
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7.5.4 Workweek
The basic work week for full—time, non-exempt employees shall be forty (40)
hours, rendered in units of eight (8) hours per day in a work -week which begins
on Sunday at midnight and ends on the consecutive Saturday at 11:59 p.m. At
the discretion of the City Manager, alternative work schedules may be offered.
Approval of alternative work schedules will include consideration of what best
serves the Town's residents and what schedule is most conducive to the work
being performed. Counter hours will be open from Monday through Thursday
from 9am — 4pm with 1 hour lunch from 12pm — fpm. Employees can choose to
work remotely 1 day a week (Monday or Friday) or work a "9/80" work schedule,
or work a "4/10" work schedule at the discretion of the City Manager and the
department director or manager/supervisor. The City Manager can authorize an
additional day to work from home at their sole discretion. The City Manager also
has the sole discretion to grant temporary exceptions to standard work
schedules to address requests from employees. An example where this could be
applicable is if an employee requested to work from home more than regularly
scheduled on a temporary basis to care for an ill dependent, or if an employee
has a contagious illness that prevents them from being at their worksite but
otherwise does not prevent them from working. In these cases, consideration
will be given to employees based on their ability to effectively serve the
community and meet their job responsibilities from a remote location.
For any employee participating in a "9/80" work schedule, the work week will
begin at the midpoint on the workday the employee is regularly scheduled to
work eight hours. Any employee who is on a "9/80" or a "4/10" work schedule
will only receive 8 hours for holiday pay and must take the appropriate accrued
leave hours to account for the additional one or two hours or work an additional
one or two hours to make up the time according to the employee's work
schedule. If the employee's 9/80 off day falls on a Friday, the employee has the
option to take the opposite Friday in the pay period or take a Monday (in the
same pay period) or bank 8 hours of straight comp time of 8 hours to use
foranother day at the discretion of the City Manager and department director.
7.5.5 Pay Day
Pay day shall be bi-weekly. In the event that this day falls on a weekend or
holiday, pay day will be the preceding workday.
7.5.6 Preparation of Payroll
The payroll shall be prepared under the direction of the City Manager in
accordance with the Compensation Plan. No changes in the names or salaries on
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the payroll shall be made unless written instruction is received from the City
Manager.
7.5.7 Meal Period
A meal period up to one (1) hour, non—compensated, shall be provided all
employees who work at least eight (8) hours in one day. With prior approval of
the City Manager, the meal period may be reduced to forty-five (45) minutes or
thirty (30) minutes. The minimum meal period shall be thirty 30 minutes. Non -
Exempt Employees will be relieved of all duties during meal periods.
7.6 ELIGIBILITY FOR BENEFITS
Benefits are determined and set by the City Council.
7.6.1 Full Time Regular Employees
Employees holding a full-time position shall be eligible for all benefits currently
authorized by the City Council except for those benefits specifically limited to
management employees. All benefits shall be listed and authorized with the
approval of the Compensation Plan.
7.6.2 Part -Time Regular Employees
Employees holding a part-time position shall accrue vacation, sick leave, and holiday credits
in the proportion that their average workweek in relation to that of full-time employees. To
the extent possible, other benefits afforded full- time positions shall also be pro -rated.
Employees scheduled to work in positions of less than 20 hours per week shall not be
provided any benefits other than those required by state or federal law.
7.6.3 Other Employees
Employees holding a temporary, provisional, emergency or other non -regular
appointment or position shall not be provided any benefits other than those
required by State or Federal law.
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SECTION 8
PERFORMANCE EVALUATIONS
8.1 PERFORMANCE EVALUATION PROVISIONS
All employees should receive an annual performance review on or near their anniversary
date, whether or not a pay increase is being considered. The City Manager shall provide a
method of reporting on individual employee performance which includes but is not limited
to quantity and quality of work, ability, reliability, discipline, attendance, and other factors.
The City Manager shall prescribe forms for such performance evaluations and shall be
responsible for assuring that such evaluations are adequate to provide information to both
the employee and the Town for the purposes set forth in this section. An employee must
have a satisfactory performance evaluation in order to be eligible for a salary increase or
promotion. Deficiencies in performance by an employee may result in a decrease in salary,
suspension, demotion, or dismissal.
Department heads or manager/supervisor shall rate the performance of each employee;
however, the department heads may delegate the responsibility for rating the performance
of specified employees in their departments to that employee's supervisor. Interim reports
may be completed as necessary when changes in work performance occur. Each employee
shall be informed in such reports of their strengths and weaknesses. Each performance
report shall be discussed with the employee. The employee must sign the report,
acknowledging that his performance evaluation has been reviewed with them. Such
signature shall not necessarily mean they fully endorse the contents of said report. Neither
the performance evaluation process nor the performance reports shall be subject to any
grievance and/or appeal procedure.
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SECTION 9
TRANSFER, RESIGNATION, LAYOFF, REINSTATEMENT, REEMPLOYMENT
9.1 TRANSFER
No person shall be transferred to a position for which they do not possess the minimum
qualifications; except that department heads may, on a temporary basis, assign employees
to duties other than those prescribed in their classification specification or job description,
where the need therefore results from injury or illness, vacation, or other leaves of
absence, or where workloads temporarily create the need therefore and the best interest
of the Town would be served. Upon notice to the City Manager, an employee may be
transferred by the department head at any time from one position to another position in a
comparable classification. For transfer purposes, a comparable classification is one with
the same maximum salary, and requires substantially the same basic qualifications.
If the transfer involves a change of an employee from one department to another, both
department heads and the City Manager must consent thereto. Transfer shall not be used
to effectuate a promotion, demotion, advancement, or reduction, each of which may be
accomplished only as provided in these Rules and Regulations.
Whenever possible, an employee being transferred from one position to another position
in the same class or a comparable class at the same salary level shall receive five (5) working
days' notice. If the transfer requires the employee to move equipment from one location
to another, the employee shall receive seven (7) working days notice when possible.
9.2 RESIGNATION
Resignation occurs when an employee tenders a written notice of their intention to resign.
A resignation becomes final when accepted by a supervisor, department head or the City
Manager. Once a resignation has been accepted by the Town, it cannot be withdrawn
without the approval of the City Manager. Employees intending on leaving the Town in
good standing should give a minimum of two (2) weeks' notice of their intent to resign.
9.3 JOB ABANDONMENT
An employee shall be deemed to have resigned if the employee is absent for three (3)
consecutive workdays without prior authorization and/or without notification during that
period of the reason for absence. If an employee in the competitive service that has passed
probation is terminated for job abandonment, and that employee challenges the
determination that they have abandoned their job, the sole issue for determination in any
appeal shall be whether the employee was absent for (3) consecutive workdays without
prior authorization and/or without notification.
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9.4 LAYOFF POLICY AND PROCEDURE
9.4.1 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish
or eliminate any position or employment, the employee holding such position
or employment shall be Laid off or demoted without disciplinary action and
without the right of appeal or ability to bring a grievance.
9.4.2 Notification
Employees to be laid off or demoted under non -disciplinary circumstance shall
be given a minimum of thirty (30) calendar days prior notice, except in exigent
circumstances.
9.4.3 Order of Layoff
Employees shall be laid off in the inverse order of their seniority in their
classification. Seniority is determined based upon time worked in the specific
classification versus overall service to the Town. In cases where there are two or
more employees in the classification from which the lay-off is to be made who
have the same seniority date, such employees shall be laid off on the basis of
the last evaluation rating in the class.
A lay-off out of the inverse order of seniority may be made if, upon
recommendation of the department head and approval of the City Manager, it
is determined that retention of special job skills are required or a less senior
employee has a higher level of performance. Within each class employees shall
be laid off in the following order, unless special skills are required or the leave
of performance dictates otherwise: temporary, hourly, introductory, regular.
9.5 REINSTATEMENT
A regular employee who has resigned or has otherwise been separated while in good
standing, may be considered for reinstatement, upon recommendation of the department
head and approval of the City Manager, to their former position, if vacant, or to a vacant
position in the same or a comparable classification for a period of one (1) year after
resignation or separation. An employee returning to work may be required to undergo
fitness for duty testing at the discretion of the City Manager.
Upon reinstatement, the employee shall be considered as though they had received an
original appointment, unless other conditions are made a part of the reinstatement by the
City Manager. An employee reinstated to a position in the competitive service will serve a
new introductory period.
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SECTION 10
DISCIPLINARY ACTIONS
Section 10 only applies to employees in the competitive service that have passed probation.
10.1 SUSPENSION
Suspension is a temporary separation from Town service without pay for disciplinary
purposes. The department head may suspend an employee without pay.
10.2 REDUCTION IN PAY
Reduction in pay is a decrease in compensation paid to an employee for a fixed period of
time for disciplinary purposes. The department head may impose a reduction in pay to an
employee.
10.3 DEMOTION
Demotion is the movement of an employee from one position to another which is allocated
to a classification having a lower maximum rate of pay. A department head may demote
an employee whose performance of their required duties is below standard, or for other
disciplinary purposes. No employee shall be demoted to a position for which they does not
possess the minimum qualifications.
10.4 DISMISSAL
The department head may dismiss an employee whose performance of their required
duties is below standard, or for other disciplinary purposes. Such action results in an
immediate termination of the employee from Town service consistent with the provisions
of this section.
10.5 GROUNDS FOR DISCIPLINE
The Town's standards of conduct are established for the guidance of all employees. These
standards are only a partial list of unacceptable behaviors and conduct and are not the
exclusive list of grounds for discipline:
A. Fraud in securing employment or making a false statement on an application for
employment;
B. Incompetence;
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C. Inefficiency or inexcusable neglect of duty;
D. Disobedience and insubordination, a failure to submit to duly appointed and acting
supervision or to conform to duly established orders or directions of persons in a
supervisory position;
E. Dishonesty;
F. Being under the influence of alcohol or dangerous drugs or narcotics while on duty;
G. Excessive absenteeism or tardiness;
H. Inexcusable absence;
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 involving moral turpitude or any felony
shall constitute grounds for dismissal of any employee. The record of conviction
shall be conclusive evidence only of the fact that the conviction occurred. The
department head may inquire into the circumstances surrounding the commission
of the crime in order to fix the degree of discipline, or the determination if such
conviction is an offense involving moral turpitude. A plea or verdict of guilty, or a
conviction showing a plea of nolo contendere made to charge a felony or any
offense involving moral turpitude, is deemed to be a conviction within the meaning
of this Section;
K. Discourteous treatment of the public or other employees;
L. Improper or unauthorized use of Town property;
M. Refusal to subscribe to any oath or affirmation which is required by law in
connection with Town employment;
N. Any act of conduct, either during or outside of duty hours which is of such a nature
that it causes discredit to the Town;
0. Inattention to duty, tardiness, indolence, carelessness or negligence in the care or
handling of Town property;
P. Violation of the ordinances, resolutions, rules and regulations established by the
employee's department;
Q. Outside employment not specifically authorized by the appointing authority in
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accordance with Town procedures;
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 their
official duties;
S. The refusal 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;
T. Improper political activity;
U. Violation of the Town's Fraud Policy;
V. Unauthorized overtime;
W. Any similar misconduct pursuant to the Town's discretion.
10.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION
Disciplinary action shall be taken in compliance with the following procedures:
10.6.1 Notice of Intent
Whenever the Town intends to suspend an employee, demote an employee,
reduce the employee in pay or dismiss the employee for disciplinary purposes,
the Town shall give the employee a written notice of the intended discipline
which sets forth the following:
A. The disciplinary action intended;
B. The specific charges upon which the action is based;
C. A factual summary of the grounds upon which the charges are based;
D. A copy of all written materials, reports, or documents upon which the
discipline is based;
E. Notice of the employee's right to respond to the charges either orally or
in writing to the department head;
F. The date, time and person before whom the employee may respond;
G. Notice that failure to respond at the time specified shall constitute a
waiver of the right to respond prior to final discipline being imposed.
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10.6.2 Response by Employee
The employee shall have the right to respond to the Town orally or in writing.
The employee shall have a right to be represented at any such meeting. Such
meeting will only be permitted once and continued for no more than two (2)
days. An employee must request such a meeting or submit a written response
within five
(5) working days after being served with a notice of intent to discipline.
10.6.3 Final Notice
After the response or the expiration of the employee's time to respond to the
notice of intent, the appropriate authority shall: (1) dismiss the notice of intent
and take no disciplinary action against the employee or (2) modify the intended
disciplinary action or (3) prepare and serve upon the employee a final notice of
disciplinary action. The final notice of disciplinary action shall include the
following:
A. The disciplinary action taken;
B. The effect of the disciplinary action taken;
C. Specific charges upon which the action is based;
D. A factual summary of the grounds upon which the charges are based;
E. The written materials, reports and documents upon which the
disciplinary action is based;
F. The employee's right to appeal, if any.
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SECTION 11
APPEALS HEARING AND GRIEVANCE PROCEDURES
Section 11 only applies to employees in the competitive service that have passed probation.
11.1 APPEALS HEARING PROCEDURE
The appeal procedure described herein shall.apply onlyto cases of disciplinary suspensions,
reductions in pay, demotions and dismissals affecting regular part-time and full-time
employees in the competitive service. All other positions and all other forms of discipline
shall not be entitled to any appeal rights.
11.1.1 If an employee is served with a final notice of disciplinary action which specifies
that the employee has the right to appeal said action, the employee has the right,
within five (5) working days after receipt of this notice, to request a hearing on
the charges by filing a written request with the City Manager.
11.1.2 If, within the five-day (5) appeal period, the employee does not file a written
request for an appeal, the discipline shall become final and shall take effect as
prescribed.
11.1.3 If the City Manager receives a timely written request for an appeal, the City
Manager shall, unless good cause exists otherwise, set a time for an appeal not
less than twenty (20) working days, from the date of the filing of the appeal. All
interested parties shall be notified in writing of the date, time, and place of the
hearing at least ten (10) working days prior to the hearing.
11.1.4 The City Manager may, in their discretion, refer the appeal hearing to another
hearing officer. In such case, all following references to the City Manager shall
be deemed to apply to said hearing officer.
11.1.5 All hearings shall be private.
11.1.6 Five (5) working days prior to the date set for the hearing each party shall serve
upon the other party and submit to the City Manager a list of all witnesses and
copies of all exhibits. The employer's exhibits shall be designated by number. The
employee exhibits shall be designated by alphabetical letter.
11.1.7 The hearing will not be conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a manner most
conducive to determination of the truth. Any relevant evidence may be admitted
if it is the type of evidence on which responsible persons are accustomed to rely
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in the conduct of serious affairs, regardless of the existence of any common law
or statutory rules which might make improper the admission of such evidence
over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in -
and -of -itself to support a finding unless it would be admissible over objection in
civil actions. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil actions, and
irrelevant and unduly repetitious evidence may be excluded. Decisions made by
the City Manager shall not be invalidated by any informality in the proceedings.
11.1.8 The City Manager shall rule on the admission or exclusion of evidence.
11.1.9 Each party shall have these rights: To be represented by legal counsel or other
person of their choice; to call and examine witnesses; to introduce evidence; to
cross-examine opposing witnesses on any matter relevant to the issues; to
impeach any witness regardless of which party first called them to testify; and to
rebut the evidence against them. If the employee does not testify on their own
behalf, they may be called and examined as if under cross-examination.
11.1.10 Oral evidence shall be taken only on oath or affirmation.
11.1.11 The hearing shall proceed in the following order, unless the City Manager for
special reason, otherwise directs:
A. The party imposing discipline shall be permitted to make an opening
statement.
B. The appealing party shall be permitted to make an opening statement.
C. The party imposing disciplinary action shall produce the evidence on
their part.
D. The party appealing from such disciplinary action may then open their
defense and offer their evidence in support thereof.
E. The parties may then, in order, respectively offer rebutting evidence
only, unless the City Manager for good reason, permits them to offer
evidence upon their original case.
F. Arguments shall be permitted in the discretion of the City Manager. The
party with the burden of proof shall have the right to close the hearing
by making the last argument.
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The City Manager shall determine relevancy, weight, and credibility of testimony
and evidence, and shall base their findings on the preponderance of evidence
11.1.12 During the examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
11.1.13 No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during a hearing.
11.1.14 The City Manager, prior to or during a hearing, may grant a continuance for any
reason they believes to be important to their reaching a fair and proper decision.
11.1.15 The City Manager shall render their findings and decision as soon after the
conclusion of the hearing as possible, and in no event, later than ten (10) working
days after conducting the hearing unless otherwise stipulated by the parties. The
City Manager's decision shall set forth the findings as to each of the charges and
the reasons therefore. If the City Manager assigns an outside hearing officer, the
hearing officer is only a fact finder and shall not make a determination regarding
level of penalty or discipline.
11.1.16 The City Manager may recommend the sustaining or rejecting of any or all of
the charges filed against the employee. The City Manager may recommend
sustaining, rejecting, or modifying the disciplinary action invoked against the
employee.
11.1.17 The decision of the City Manager is final unless appealed to the City Council. The
proposed decision shall be filed with the charged employee and the department
head, or manager/supervisor shall set forth the recommended effective date the
employee is to be reinstated, which may be any time on or after the date the
disciplinary action went into effect.
11.1.18 Either party may file a written appeal to the proposed decision, findings, and
conclusions of the City Manager within ten (10) working days of the City
Manager's decision with the City Clerk.
11.1.19 The party desiring to contest the decision of the City Manager may request a
transcript for review within ten (10) working days of the City Manager's decision.
If the appealing party requests a transcript, that party shall pay the cost of the
transcript.
11.1.20 The City Council shall determine whether, in its absolute discretion, to review
such appeal within twenty (20) working days of filing of the appeal. If the Council
decides to review the matter, it shall review all transcripts, exhibits, and other
documents it deems pertinent. The Council may ratify, modify or reverse the City
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Manager's decision. The decision of the City Council shall be final.
11.2 GRIEVANCE PROCESS
11.2.1 A grievance is defined as a dispute arising from the application or interpretation
of a specific section of these Rules and Regulations, with the exception of any
disciplinary matter. Performance evaluations or any matters within the
discretion of the Town are not grievable.
11.2.2 An employee must file a grievance with their immediate supervisor within fifteen
(15) days after the employee knew, or reasonably should have known, that
grounds for a grievance existed. The employee must exhaust all steps in this
grievance process before submittal of the grievance to arbitration. Any failure by
an employee to abide by the timelines described in Section 11.2 shall constitute
an abandonment and waiver of the grievance.
11.2.3 The employee must submit a written grievance - containing a statement of the
grievance and all pertinent facts upon which it is based; the alleged section of
these Rules and Regulations which has been violated; and the remedy sought -
to the employee's supervisor. The supervisor shall respond in writing to the
grievance within ten (10) working days unless good cause exists for a
continuance. The supervisor may meet with the employee prior to issuing a
decision.
11.2.4 If the employee is dissatisfied with the supervisor's decision, an appeal to the
department head must be filed with the department head within ten (10)
working days of the employee's receipt of the decision. The appeal must specify,
in addition to the items listed in Section 11.2.3, the specific reasons why the
employee disagrees with the supervisor's decision. The department head shall
respond in writing to the grievance within ten (10) working days unless good
cause exists for a continuance. The department head may meet with the
employee prior to issuing a decision.
11.2.5 If the employee is dissatisfied with the department head's decision, an appeal to
the City Manager must be filed with the City Manager within ten (10) working
days of the employee's receipt of the decision. The appeal must specify, in
addition to the items listed in Section 11.2.3, the specific reasons why the
employee disagrees with the department head's decision. The City Manager
shall respond in writing to the grievance and may meet with the employee prior
to issuing a decision.
11.2.6 If the employee is dissatisfied with the City Manager's decision, a request for
advisory arbitration must be filed with the City Clerk within ten (10) working days
from the employee's receipt of the decision. An arbitrator shall be selected by
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Personnel Rules & Regulations
mutual agreement of the parties. If the parties are unable to mutually select an
arbitrator, an arbitrator list shall be procured from the California State Mediation
and Conciliation Service or the American Arbitration Association, and the
arbitrator shall be selected by alternate strike following a coin toss. The
arbitration shall be governed by the rules set forth in Section 11.1.5 to 11.1.15
above. The decision of the arbitrator shall be rendered within sixty (60) days,
unless exigent circumstances exist, and shall be advisory to the City Council. The
City Council shall review the record and decision, and affirm, deny, or modify the
decision.
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SECTION 12
1TWO711TOITTARY11 110 'O:
12.1 PERSONNEL FILES
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Personnel Rules & Regulations
A personnel file shall be maintained for each employee in the service of the Town.
Contained in these files shall include class title, the department to which assigned, salary,
changes in employment status, disciplinary actions and such other information as may be
considered pertinent.
The personnel files shall be maintained in a secure place and monitored by the City
Manager or designee who shall determine access to the keys. The information in an
employee's personnel file is confidential and must be kept up to date. The employee should
promptly contact the City Manager or Administrative Services Director if there are any
changes to the employee's personal data, such as home address, telephone number,
emergency contacts, marital status, number of dependents or military status.
All current and former employees have the right to inspect and receive a copy of their
personnel records. A request for inspection or a copy must be made to the City Manager
or Administrative Services Director, in writing and submitted by the employee or the
employee's representative with written consent of the employee. Upon receipt of the
request, the records will be made available within 30 calendar days.
Nothing in this policy shall be construed as extinguishing the Town's right and/or duty
under federal and California law to withhold certain documents from inspection or
production under this policy.
Employees also have the right to inspect and/or obtain a copy of their payroll records. This
request may be made either orally or in writing. The records will be made available within
21 calendar days of the request.
12.2 PERSONNELACTIQN FORMS
Notice of any new employment, transfer, promotion, demotion, suspension,
reinstatement, resignation, retirement, salary change, reclassification, discharge, leave of
absence or layoff shall be given to the City Manager or Administrative Services Director on
standard forms. Approved copies of the Personnel Action Form shall be distributed to the
department head, Finance Department, the employee, and the employee's personnel file.
12.3 DESTRUCTION OF RECORDS
Records relating to persons who were never in the employment of the Town including
correspondence, applications, examinations and reports will be destroyed after four (4)
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years. Records of employees will be destroyed after four years from the date of termination
unless otherwise required by law.
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SECTION 13
MANAGEMENT RIGHTS
13.1 MANAGEMENT RIGHTS PROVISION
The Town retains all of its powers and authority to manage municipal services and the
work force performing those services, including but not limited to, the following rights to:
• Determine and modify the organization and administration of Town government
and its constituent work units;
• Determine the nature, standards, levels and mode of delivery of services to be
offered to the public;
• Determine the methods, means, and numbers and kinds of personnel by which
services are to be provided;
• Determine whether goods or services shall be made or provided by the Town, or
shall be purchased, or contracted for;
® Direct employees, including scheduling and assigning work, work hours, and
overtime;
• Establish employee performance standards and to require compliance therewith;
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases
and benefits, or otherwise discipline employees subject to the requirements of
applicable law;
• Relieve employees from duty for any legitimate reason;
• Implement rules, regulations, and directives consistent with law;
• Determine the fitness for duty of employees;
• Layoff and furlough employees;
• Conduct searches and perform investigations as needed;
e Take all necessary actions to protect the public and carry out its mission in
emergencies.
Town of Los Altos
Hills Personnel Rules &
Regulations
SECTION 14
MISCELLANEOUS POLICIES
14.1 . ANTI -HARASSMENT, DISCRIMINATION AND RETALIATION POLICY
The Town of Los Altos Hills is committed to providing an environment that is free from
harassment, discrimination or retaliation of any kind, including sexual harassment and
harassment or discrimination based on race or ethnicity (which includes traits historically
associated with race, including but not limited to, hair texture and protective hairstyles),
sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to
the same), color, religion, national origin, citizenship status, ancestry, age, physical
disability, mental disability, medical condition, marital status, military and veteran status,
sexual orientation, gender, gender identity, gender expression, genetic information, or any
other characteristic prohibited by State or Federal law. Therefore, it is important that the
Town maintain an atmosphere characterized by mutual respect in order to assure fair,
courteous treatment for employees and the public. ,
14.1.1. The Town strongly disapproves of and will not tolerate harassment,
discrimination or retaliation against Town employees, volunteers, interns or
applicants by elected or appointed officials, directors, managers, supervisors, co-
workers, volunteers, interns, or any third parties such as person with whom the
Town has a business, service or professional relationship.
14.1.2. 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, compensation and training.
14.1.3. This policy is intended to provide protections against harassment,
discrimination, and retaliation that are greater than what is required by the law.
14.1.4. Harassment, discrimination, and retaliation are considered serious acts of
misconduct and will not be tolerated. Employees who violate this policy and
engage in acts of harassment, discrimination, or retaliation of any type, for any
duration, shall be subject to corrective action which may include severe
disciplinary action, up to and including termination.
14.1.5. Retaliation against individuals who complain of any conduct prohibited by this
policy or who participate in an investigation into regarding the same shall not be
tolerated. Employees found to have engaged in retaliation shall be subject to
corrective action which may include severe disciplinary action, up to and
including termination.
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14.1.6. Definition
A. Protected Classifications: This Policy prohibits harassment or discrimination
because of an individual's protected classification. "Protected
Classification" includes race or ethnicity, religion, color, sex (which includes
pregnancy, childbirth, breastfeeding and medical conditions related to the
same), sexual orientation, national origin, ancestry, citizenship status,
marital status, pregnancy, age, medical condition, gender, gender identity,
gender expression, genetic characteristics/information, and physical or
mental disability. It also includes an individual's status as a veteran or a
member of the uniformed services.
B. Discrimination: This policy prohibits treating individuals differently because
of the individual's protected classification as defined in this policy.
C. Harassment may include, but is not limited to, the following types of
behavior that is taken because of a person's protected classification. A
single act of harassment is considered a violation of this policy, even if it
does not rise to the level of creating an unlawful hostile work environment.
Note that harassment is not limited to conduct that employer's employees
take. Under certain circumstances, harassment can also include conduct
taken by those who are not employees, such as elected officials, appointed
officials, and/or third parties such persons providing services under
contracts, or even members of the public:
1. Speech: Such as jokes, epithets, derogatory comments or slurs,
and lewd propositions on the basis of a protected classification.
This includes, without limitation, inappropriate sex -oriented
comments regarding an individual's appearance, including dress
or physical features, or dress consistent with gender identification,
inappropriate comments of a sexual nature, or race or ethnicity -
oriented stories and jokes.
2. Physical Acts: Such as assault, impeding or blocking movement,
offensive touching, or physical interference with normal work or
movement when directed at an individual on the basis of a
protected classification. This includes inappropriate pinching,
grabbing, patting, propositioning, leering, or making explicit or
implied job threats or promises in return for submission to
physical acts.
3. Visual Insult: Such as offensive or obscene pictures, posters,
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calendars, cartoons, drawings, gestures, displays with sexually
suggestive or lewd objects, emails, or any other graphic material
that denigrates or shows hostility or aversion toward an individual
because of the individual's protected characteristics. This includes,
without limitation, sending inappropriate emails of a sexual nature
to employees, or viewing pornography either in magazines or on
the internet, displaying pictures or objects depicting nude or
scantily -clad or suggestively posed men or women; circulating
derogatory or obscene notes, letters, emails, memes or other
literature.
4. Unwanted sexual advances: Requests for sexual favors and other
acts of a sexual nature, where submission is made a term or
condition of employment, where submission to or rejection of the
conduct is used as the basis for employment decisions, or where
the conduct is intended to or actually does unreasonably interfere
with an individual's work performance or create an intimidating,
hostile or offensive working environment.
5. Retaliation: Any adverse conduct taken against an applicant,
employee or contractor because they have resisted or complained
in good faith about illegal harassment or discrimination is
prohibited by law and by this policy. Likewise, those who
participate in the complaint and investigation process are
protected from retaliation. "Adverse conduct" includes but is not
limited to: taking sides because an individual has reported
harassment or discrimination, spreading rumors about a
complaint, shunning and avoiding an individual who reports
harassment or discrimination, or real or implied threats of
intimidation to prevent an individual from reporting harassment
or discrimination. The following individuals are protected from
retaliation: those who make good faith reports of harassment or
discrimination, and those who associate with an individual who is
involved in reporting harassment or discrimination or who
participates in the complaint or investigation process.
14.1.7. Harassment includes any conduct which would be "unwelcome" to an individual
of the recipient's same protected classification, and which is taken because of
the recipient's protected classification. Such conduct constitutes harassment
when it:
• Has the purpose or effect of creating an intimidating, hostile or offensive
working environment. This threshold is lower than the standard of
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Personnel Rules & Regulations
creating an unlawful hostile work environment;
® Has the purpose or effect of unreasonably interfering with an individual's
work performance; or
® Otherwise adversely affects an individual's employment opportunities.
It is no defense that the recipient appears to have voluntarily "consented"
to the conduct at issue. A recipient may not protect for many legitimate
reasons, including the need to avoid being insubordinate or to avoid being
ostracized.
Simply because no one has complained about a joke, gesture, picture,
physical conduct 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.
Even visual, verbal, or physical conduct between two employees who
appear to welcome the conduct 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.
Conduct can constitute harassment in violation of this Policy even if the
individual engaging in the conduct has no intention to harass. Even well-
intentioned conduct can violate this Policy if 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).
14.1.8. Sexual harassment Sexual harassment will not be tolerated by the Town. Federal
and State guidelines provide that unwelcome sexual advances, requests for
sexual favors and other verbal, visual or physical conduct of a sexual nature
constitute unlawful harassment when:
® Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment.
® The submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual; or
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• Sexual advances, requests for sexual favors or other verbal or physical
conduct of a sexual nature that has the purpose or effect of unreasonably
interfering with an employee's work performance or of creating an
intimidating, hostile, or offensive work environment. Sexual harassment
refers to conduct that is not welcome, that is offensive, that fails to
respect the rights and dignity of others, that lowers morale and that,
therefore, interferes with work effectiveness.
14.1.9. Reporting Harassment, Discrimination or Retaliation
Any employee who believes they has been harassed or discriminated or
retaliated against should promptly report it orally or in writing to their supervisor
or manager, the Administrative Services Director, or the City Manager. The
Employee Complaint Form is attached and available in the Town's
Common\Employee Benefits and Forms folder. An employee is not required to
report the incident(s) to a supervisor. Instead, the employee may report the
harassment/discrimination to any member of management and/or directly to
any member of the Administrative Services Department.
Any supervisor or manager who receives a complaint of unlawful
harassment/discrimination, or who observes or otherwise learns about
unlawfully harassing conduct is required to notify the Administrative Services
Director. Failure to do so may result in disciplinary and/or corrective action.
14.1.10. Remedial Action
Upon receiving complaints of discrimination, harassment and/or retaliation, the
Town shall undertake a fair, thorough and timely investigation of the
complaint(s). Every possible effort will be made to assure the confidentiality of
complaints made under this Policy. Complete confidentiality cannot occur,
however, due to the need to fully investigate and the duty to take effective
remedial action. 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 the Human Resources Manager
and/or in exercising protected rights under the Meyers Milias Brown Act
(MMBA). Any individual who improperly discusses the content of an
investigatory interview will be subject to discipline or other appropriate
sanction. Any investigation or investigation report related to the complaint shall
be kept confidential except as required by law. If harassment, discrimination
and/or retaliation is found to have occurred in violation of this policy, the Town
shall take action to ensure or confirm that the conduct at issue is immediately
stopped. The Town may take whatever measures are appropriate to ensure its
workplace remains free from discrimination, harassment and/or retaliation.
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Employees found to have engaged in discrimination, harassment, and/or
retaliation covered by this policy shall be subject to corrective action which may
include severe disciplinary action, up to and including termination. First- time
violations of this policy, depending on the severity of the conduct, may lead to
termination.
Employees found to have been dishonest or uncooperative during an
investigation into allegations of unlawful harassment may be subject to
disciplinary action up to and including termination of employment.
Employees should feel free to report valid claims of unlawful harassment
without fear of retaliation of any kind. The Town will not retaliate against or
tolerate retaliation against employees for making any complaint of unlawful
harassment in good faith, or against any employee for cooperating in an
investigation
14.1.11. A copy of the Town's Anti -Harassment, Discrimination and Retaliation Policy, and
complaint procedures shall be provided to all employees of the Town, and to all
new employees at the time of hire. The Town complies with A131825, which
states that all supervisory employees must receive harassment prevention
training within 6 months of employment, and all supervisors/managers must
receive re- training every 2 years. Further, the Town will also conduct training
every 2 years for its employees to assist them in learning how to recognize, avoid
and correct discriminatory behavior.
14.1.12. In addition to notifying the Town about unlawful harassment or retaliation, an
affected employee may also direct their complaint to the California Department
of Fair Employment and Housing ("DFEH"), which has the authority to conduct
investigations of the facts. The deadline for filing complaints with the DFEH is
one
(1) year from the date of the alleged unlawful conduct. An employee also has
the right to direct their complaint to the Federal Equal Employment Opportunity
Commission (EEOC).
14.1.13. Obligations of Employees All employees shall acknowledge receipt of the Town's
Anti -Harassment, Discrimination, and Retaliation Policy during the new hire
orientation process, and whenever the policy is updated and re- distributed
following a change in State or Federal laws. Employees are responsible for:
• Knowing the Town's policy on Anti -Harassment, Discrimination, and
Retaliation;
• Refrain from engaging in discriminatory, harassing or retaliatory behavior;
• Reporting incidents of discrimination, harassment or retaliation in a
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timely fashion;
• Cooperating in any investigation concerning allegations of
discrimination, harassment or retaliation; and
• Maintaining confidentiality concerning any investigation that is conducted.
All employees are also encouraged to communicate with one another to assist
co -employees to avoid harassing, discriminatory, retaliatory or otherwise
offensive behavior.
14.2 OUTSIDE EMPLOYMENT
A Town employee shall not engage in any employment, enterprise, or outside activity
which is in conflict with their duties, functions, responsibilities, or the department by which
they is employed, nor shall they engage in any compensatory outside activity which will
directly, or indirectly, contribute to the lessening of their effectiveness as a Town
employee.
14.2.1 Authorization
A. Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the department head of such desire, providing
information as to the time required and the nature of such activity, and such
other information as may be required; and the department head shall
determine whether or not such activity is compatible with the employee's
Town employment.
B. If the department head or supervisor/manager determines such activity is
compatible, they may authorize the activity in writing and shall send a copy
of the authorization to the City Manager. Said authorization shall be valid only
for the work and period prescribed therein.
14.2.2 Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside
employment, the department head or supervisor/manager shall consider,
among other pertinent factors whether the employment:
A. Involves the use for private gain or advantage of Town time, facilities,
equipment, and supplies, or the badge, uniform, prestige or influence of one's
Town office or employment;
B. Involves receipt or acceptance by employee of any money or other
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consideration from anyone other than the Town for the performance of an
act which the employee, if not performing such act, would be required or
expected to render in the regular course of their Town employment or as a
part of their duties as a Town employee;
C. Involves the performance of an act in other than their capacity as a Town
employee which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement by any Town employee.
D. Involves conditions or factors which would probably directly or indirectly
lessen the efficiency of the employee in their regular Town employment or
conditions in which there is a substantial danger of injury or illness to the
employee.
14.2.3 Revocation
Authorization of outside employment is subject to revocation at anytime by
the City Manager or designee.
14.2.4 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if an
employee is found in violation of this policy.
14.3 USE OF TOWN EQUIPMENT PROHIBITED
14.3.1 Town equipment shall only be used for legitimate authorized Town business. No
Town—owned equipment, autos, trucks, instruments, tools, supplies, machines,
or any other item which is the property of the Town shall be used by an employee
for any other purpose, including but not limited to any outside employment or
activity for compensation except upon prior written approval of the City
Manager.
14.3.2 No employee shall allow any unauthorized person to rent, borrow, or use any
Town equipment, except upon prior written approval of the City Manager.
14.3.3 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may betaken if an
employee is found in violation of this policy.
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14.4 EMPLOYEE DRESS CODE
14.4.1 Employees of the Town are required to dress appropriately for the jobs they are
performing. Therefore, the dress regulations contained in this section shall be
followed.
A. All clothing must be neat, clean and in good repair.
B. Prescribed uniforms and safety equipment must be worn where
applicable.
C. Footwear must be appropriate for the work environment and functions
being performed.
D. Jewelry is acceptable except in areas wherein it constitutes a health or
safety hazard.
E. Good personal hygiene is required.
14.4.2 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if an
employee is found in violation of this policy.
14.5 NEPOTISM POLICY
14.5.1 No person shall be appointed or promoted to a position in any department in
which such person's relative already holds a position when such employment
would result in any of the following:
A. A supervisor—subordinate relationship;
B. The employees having job duties which require performance of shared
duties on the same or related work assignment;
C. Both employees having the same immediate supervisor.
14.5.2 For purposes of this section, "relative" means spouse, registered domestic
partner, child, step—child, parent, grandparent, grandchild, brother, sister, half—
brother, half—sister, aunt, uncle, niece, nephew, parent—in—law, brother—in—law,
sister—in—law or any other individual related by blood, marriage, or domestic
partnership.
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14.5.3 If a Town employee marries or registers with the California Secretary of State as
a domestic partner with another person employed by the Town within the same
department, both employees shall be allowed to retain their respective positions
provided that a supervisorial relationship does not exist at the time of marriage
or registration with the California Secretary of State as domestic partners
between the two positions. During the period of employment, no supervisory
position shall exist between the two employees. For the purpose of this section,
a supervisorial relationship shall be defined as one in which one person exercises
the right to control, direct, reward or discipline another person by virtue of the
duties and responsibilities assigned to their position.
14.5.4 The Town also retains the right to refuse to place both spouses or registered
domestic partners in the same department, division, or facility where such has
the potential for creating adverse impact on supervision, safety, security or
morale or involves potential conflicts of interest.
14.5.5 Where the above circumstances exist and mandate that two spouses or
registered domestic partners shall not work in a prohibited supervisory
relationship, an attempt will be made to transfer one spouse or registered
domestic partner to a similar classified position in another Town department.
Although the wishes of the involved parties as to which spouse or registered
domestic partner is to be transferred will be given consideration by the Town,
the controlling factor in determining which spouse or registered domestic
partner is to be transferred shall be the positive operation and efficiency of the
Town. If any such transfer results in a reduction in salary or compensation, the
same shall not be considered disciplinary in nature and shall not be the subject
of any form of administrative appeal.
14.5.6 If continuing employment of two spouses or registered domestic partners
cannot be accommodated consistent with the Town's interest in promotion of
safety, security, morale and efficiency, the Town retains sole discretion to
separate one spouse or registered domestic partner from Town employ. Absent
resignation by one affected spouse or registered domestic partner, the less
senior of the involved spouses or registered domestic partners will be subject to
separation and the same shall not constitute discipline and shall not be subject
to any administrative appeal.
14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL
The intent of this policy is to eliminate the use and effects of alcohol and drugs in the workplace.
The objectives of this policy are:
® To eliminate any use of alcohol, illegal drugs, controlled substances, prescription
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drugs or any other substance which could impair an employee's ability to safely
and effectively perform the functions of their job,
• To encourage employees who think they may have an alcohol or drug usage
problem to voluntarily seek confidential assistance from the Employee
Assistance Program, and
® To emphasize training and rehabilitation. However, even with the emphasis on
rehabilitation, it must be understood that for those who demonstrate problems
in job performance or those who are involved with or under the influence of
drugs or alcohol on the job, disciplinary action will be taken.
14.6.1 Definitions
1. "Controlled substances" and "drugs" mean and include all substances and
medications that can affect one or more mental or physical functions (e.g.,
coordination, reflexes, vision, mental capacity or judgment, etc.).
"Controlled substances" and "drugs" also include all chemical substances or
drugs listed in any controlled substances acts or regulations applicable under
any federal, state or local laws, including the Federal Controlled Substances
Act (21 U.S.C. § 812). They also include prescription and over-the-counter
medication that can affect job performance.
2. "Illegal drugs" means any controlled substance or drug that (1) is not legally
obtainable; or (2) is legally obtainable, but is not legally obtained, is not being
used legally, or is not being used for the purpose(s) for which it was
prescribed or intended by the manufacturer. Thus, "illegal drugs" may
include even over-the-counter medications, if they are not being used for
the purpose(s) for which they were intended by the manufacturer. Drugs
that are considered legal under state law but remain illegal under federal
law, including medicinal and/or recreational marijuana, are considered an
illegal drug for purposes of this policy. Effective January 1, 2024, marijuana
prohibitions shall be consistent with Section 12954 to the Government Code.
3. "Possession" includes substances physically held by a person and stored or
deposited in areas the employee controls (e.g., inside purses, lunch boxes,
personal automobiles, vehicles, lockers and limited -access work areas).
4. "In the workplace"- An employee is considered "In the workplace" or
whenever the employee is:
a) On the Town's property at anytime;
b) On the Town's time, even if off the Town's premises (including any
paid meal and rest periods);
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c) Representing the Town at social functions or business meetings, even
if held before or after the Town's normal business hours;
d) Driving or riding as a passenger in a vehicle for which the Town
reimburses expenses.
14.6.2 Scope
This policy applies to all employees of the Town when working for, or officially
representing, the Town of Los Altos Hills.
This policy applies to alcohol and to all substances, drugs, or medications, legal
or illegal, which could impair an employee's ability to effectively and safely
perform the functions of the job.
Consistent with Government Code Section 12954, the Town does not
discriminate against applicants or employees based on the applicant's or
employee's use of cannabis off-duty and off-site or based on an employer -
required drug test that reveals non -psychoactive cannabis
metabolites, effective January 24, 2024.
14.6.3 Policcv
It is the Town's policy that employees shall not use or be under the influence of
alcohol or drugs, or possess alcohol or illegal drugs at any work site or Town
property, while on duty, breaks or meal periods. Employees shall not sell,
provide or use drugs or alcohol while on duty, except as specifically authorized
by the City Manager in connection with Town functions.
The Town recognizes that certain social events may be conducted on the
premises or at business functions at which alcohol may be provided. Only the
moderate and limited use of alcohol is acceptable at such events. Employees are
expected to remain responsible, professional, and sober at all times. At all other
times, consumption of alcohol is prohibited.
Using or being under the influence of prescription or over-the-counter
medication is prohibited where such use may affect the employee's ability to
safely and efficiently perform work duties. When an employee's physician
prescribes the use of prescription or over-the-counter drugs, or when an
employee otherwise uses over-the-counter drugs that bear warnings about or
are known by the employee to cause side effects that may affect job
performance, the employee is required to ascertain whether such drugs may
adversely affect the employee's ability to safely and efficiently perform assigned
duties.
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If an employee knows or if the employee's physician determines that the
prescription or over-the-counter drugs may adversely affect the employee's
ability to safely and efficiently perform assigned duties, employees are required,
before commencing work, to advise their supervisor and/or Human Resources
about the medication. If there is any question concerning the employee's ability
to perform safely and efficiently, the employee will be assigned to other duties,
if, in the sole discretion of the Town's management, such duties are appropriate
and available, or the employee will be sent home on the Town's sick leave, if
available, or otherwise on unpaid leave. Failure to report the legal use of a drug
that may pose a safety risk could result in disciplinary action, up to and including
immediate termination.
Additionally, employees are forbidden from sharing with their co-workers any
over-the-counter or prescribed medication that could affect job performance.
Any employee who violates these rules is subject to disciplinary action, up to and
including immediate termination.
Employees are urged to seek voluntary confidential assistance through the
Employee Assistance Program or any other program if they believe they may
have an alcohol or drug use problem.
14.6.4 Employee Responsibilities
1. It is the employee's responsibility to demonstrate satisfactory job
performance.
2. Employees shall report to work with their ability to perform job duties not
impaired due to on or off duty alcohol or drug use.
3. Employees are responsible for the personal implementation of this policy
to facilitate safe and effective job performance.
4. Employees shall not possess or use alcohol or impairing drugs (illegal drugs
and prescription drugs without a prescription) during working hours or
while subject to duty. This includes breaks and meal periods.
5. Employees shall not directly or through a third party sell or provide drugs
or alcohol to any person, including any employee, while on duty or standby
for duty.
6. Employees shall notify their supervisor, before beginning work, when taking
any medication or drugs, prescription or non— prescription, which would
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interfere with the safe and effective performance of duties or operation of
equipment.
14.6.5 Management Responsibilities and Guidelines
1. Managers and supervisors should, if possible, notify the City Manager or
designee when they have reasonable suspicion to believe that an employee
may be under the influence of drugs or alcohol, or have illegal drugs in their
possession. The factors that may provide reasonable suspicion that an
employee is under the influence of drugs or alcohol, or have illegal drugs in
their possession, include but are not limited to: unusual behavior; verbal
altercations; incoherent, slurred or altered speech;, odor of alcohol on the
breath; red or watery eyes; dilated or constructed pupils; unsteady gait;
disorientation or loss of balance; sleeping on the job; abnormal, confused,
incoherent or erratic behavior; paranoia; euphoria; unsafe work habits or
practices that endanger the employee, fellow employees, or the public,
abnormal work performance; actual observation of the possession or use of
an illegal drug. Effective January 1, 2024, marijuana screening shall be
consistent with Section 12954 of the Government Code.
2. Employees reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and sent for testing. A
supervisor can require a medical certification of fitness for duty regardless
of the test results, before allowing the employee to return to work.
14.6.6 Disciplinary Action
This policy provides guidelines for the detection and deterrence of alcohol and
drug abuse. It also outlines the responsibilities of managers, supervisors and
employees. To that end, the Town will act to eliminate any use of alcohol of
drugs in the workplace which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to Town
reputation or equipment.
All persons covered by this policy should be aware that even first-time violations
of this policy may be grounds for disciplinary action, up to and including,
termination. In addition, the Town may, but is not required to, refer employees
to counseling and treatment in lieu of or in consideration of any disciplinary
action.
14.7 NON—SMOKING POLICY
Smoking is prohibited in all Town facilities and vehicles. Appropriate disciplinary action, in
accordance with Section 10, may be taken if an employee is found in violation of this policy.
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14.8 MOBILE TELECOMMUNICATION DEVICES POLICY
14.8.1 General Provisions
A. Mobile telecommunications devices (mobile device) shall include but is not
limited to cellular phones, two-way radios, tablets, laptops, pagers, satellite
phones, personal digital assistants (PDA) or any other electronic device or
equipment that is provided to Town employees that has the capability of
allowing employees to participate in telecommunications activities. The
Town provides employees with mobile devices on a case-by-case basis
where the City Manager identifies a compelling operational or safety
necessity for an employee to be accessible while not in the office.
B. The purpose of this policy is to establish procedures for the use of Town -
issued mobile devices in order to ensure personal accountability and
responsibility, and to prevent improper use.
C. Non-exempt employees are not allowed to use mobile devices to conduct
any work outside of regular work hours without the express permission of
their department head.
14.8.2 Use and Accountability
A. It is the responsibility of each assigned user to comply with the procedures
outlined in this policy. The assigned user is responsible for the safekeeping
and use of their Town -issued mobile device. Department heads are
responsible for ensuring that Town- issued mobile devices are used and
cared for in accordance with this policy. The Finance Department shall
periodically audit and inspect all mobile devices and their service billings.
Town -issued mobile devices are public property and their use is subject to
all applicable Town, State and Federal rules and regulations.
B. The assigned user acknowledges that they have no expectation of privacy in
the use of, or in the material content contained within such mobile device.
The user expressly agrees that the Town may at any time retrieve, audit and
disclose, if necessary, the contents of all communications originating from
or received by a Town -issued mobile device, including, but not limited to e-
mails, voicemails and text messages.
If a mobile device is used for Town business while the user is operating a
motor vehicle, the mobile device must be configured to allow hands- free
use through a speaker phone, or a device, such as an earpiece, wired
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headset, or Bluetooth technology. Use of a speaker phone and these types
of devices will ensure that the driver is able to keep both hands on the
steering wheel at all times while operating a motor vehicle.
C. Upon resignation or termination of employment, or at any time the work-
related need for a mobile device is no longer required, or at the request of a
department head, the assigned user must produce the mobile device for
return and/or inspection. An assigned user who is unable to present the
mobile device in good working condition within 24 hours shall bear the full
cost of the replacement or repair of the Town -issued mobile device.
14.8.3 Personal Use of Town -issued Device
A. If personal use of a Town -issued device results in a charge to the Town,
the Town requires the employee to reimburse the Town. In instances
where personal use of a Town -issued mobile device does not incur a
charge from the service provider, the employee must pay the Town a flat
fee of
$30.00 per month. The flat fee shall apply when, in the determination of
the City Manager, the employee's use of the Town- issued mobile device
is more than occasional. Personal use of Town- issued devices shall not
violate any Town policies.
B. The employee's reimbursement of $30.00 to the Town for private use of
a Town -issued mobile device provides no entitlement to privacy.
C. The Finance Department shall designate a reimbursement procedure
that minimizes administrative costs. All reimbursements shall be made
payable to the Town of Los Altos Hills.
14.8.4 Allowance for Business Use of a Privately -owned Device
A. Employees who use their privately -owned mobile device for official Town
business may request reimbursement for actual charges incurred as a result
of authorized use for Town business. It is the employee's responsibility to
receive prior authorization from their department head to use a privately -
owned mobile device for official Town business.
B. Employees who are required to report to the Town in the event of an
emergency are provided a mobile device where deemed necessary by the
City Manager. To reduce the Town's carrying cost for these mobile devices,
the City Manager may offer an employee the option of designating their
privately -owned mobile device for use in the event of an emergency.
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C. If an employee designates their privately -owned mobile device for use in
the event of an emergency, the City Manager may provide a thirty dollar
and zero cents ($30.00) per month allowance to maintain the privately -
owned mobile device. Employees receiving the allowance are required to
maintain an active mobile device and provide the mobile device's contact
information to the Town. The contact information will be included on the
Town's emergency contact roster.
14.8.5 Appropriate Disciplinary Action, in accordance with Section 10, may be taken if
an employee is found in violation of this policy.
14.8.6 No Expectation of Privacy—Town employees shall have no expectation of privacy
in their use of use of mobile communication devices including but not limited to:
cellular phones, two-way radios, tablets, laptops, pagers, satellite phones,
personal digital assistants (PDA) or any other electronic device that is provided
to Town employees that is provided to Town employees that has the capability
of allowing employees to participate in telecommunications activities.
14.9 INFORMATION TECHNOLOGY (IT) POLICY
14.9.1 Purpose
The purpose of this policy is to ensure the proper use of the Town of Los Altos Hills.
("Town") IT Systems. This policy will supersede Section 14.9 Internet and
Electronic Mail Policy in the Employee Handbook.
The Town provides computer, systems and communications equipment to those
users who need it to perform their job responsibilities. The Town's electronic
information and communication systems include: computers, Town applications,
telephones, mobile phones, tablets, voicemail, scanners, fax machines, email,
instant messaging, intranet, internet, electronic collaboration tools and storage
platforms, whether on -premises or in the cloud (collectively "Information
Technology Systems" or "IT Systems").
14.9.2 Scope
As IT Systems advance and expand, it is important that Town staff continually use
and manage them in a manner that is consistent with the Town's mission, vision,
values, and goals. Questions or concerns regarding the provisions of this policy
should be raised with the Assistant to the City Manager. This policy applies to all
employees (full time, part time, contract, temporary, hourly and seasonal
employees), officials, consultants, contractors, volunteers, and any other
individuals who are granted access to the Town's IT system and/or electronic
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communication
platform, equipment and resources.
14.9.3 Definitions
"User" —Town employee, consultant, volunteer, or any person who uses the
Town's computer and/or communication equipment and their related systems
and tools.
2. "IT Services" — The Assistant to the City Manager or designee.
3. "IT Managed Services Provider" —The firm contracted by the Town to provide
technology services.
4. "Encryption" — Method of protecting data files from unauthorized access (e.g.
create passwords for documents) above and beyond the network file security
systems established by the IT division.
14.9.4 Policv
A. IT Systems and their contents, including any messages and/or information
transmitted by Town staff, are the property of the Town. Nothing about or
contained in the IT Systems shall or will be considered personal and/or
confidential information. The Town may inspect, monitor, and/or audit all IT
Systems, or any information contained in IT Systems, at any time, for any
lawful purpose, without notice to any Town staff. Personal use of IT Systems
should be kept to a minimum and for incidental purposes only. In the event
Users use telephones, computer equipment, Internet access and e-mail for
personal affairs, Users shall not expect the data to be protected from review,
preservation, or deletion. Accordingly, Users shall not use the Town's IT
Systems to create or transmit information they wish to keep private.
B. Unacceptable Use
Uses of Town's IT Systems The Internet, electronic equipment, software,
hardware, computers and associated use of electronic mail and
electronic communications of all kind by employees of the Town can only
be used for legitimate Town business. To this end, it is unacceptable for
a user to use, submit, publish, display or transmit on the network or on
any computer system any information which:
Violates or infringes on the rights of any other person, including
the right to privacy;
b. Contains defamatory, false, abusive, obscene, pornographic,
profane, sexually oriented, threatening or illegal material;
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c. Violates Town policy or departmental regulations regarding
harassment and discrimination;
d. Restricts or inhibits other users from using the system or the
efficiency of the computer systems;
e. Intercepts messages not addressed to the user, except as required
by technical, supervisory or management personnel in order to
diagnose and correct delivery problems or to fulfill other
management functions;
f. Constructs e-mail so it appears to be from another party;
g. Is intended to impede, damage, bring down another party's
system, or to commit any other form of electronic sabotage;
h. Encourages the use of controlled substances or uses the system
for the purpose of criminal intent; or
L Uses the system for any other illegal purpose.
2. It is also unacceptable for a user to use the facilities and capabilities of
the system to:
a. Conduct any non -approved business;
b. Solicit the performance of any activity that is prohibited bylaw;
c. Transmit material, information, or software in violation of any
local, State or Federal law; or
d. Make any unauthorized purchases.
3. Internet and e-mail resources are provided to users for conducting Town
business. Users are required to limit personal usage of internet and e-
mail resources to activities which do not interfere with Town work or
Town activities and to times which occur outside of the Town's regular
hours of operation that is from 8:00 a.m. to 12:00 p.m. and from 1:00
p.m. to 5:00 p.m., Monday through Friday. The limited permissible
personal use of these resources outside of business hours must be
appropriate, and any misuse or misconduct resulting from such use shall
lead to discipline, up to and including termination. The use of IT Systems
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by Town staff is a privilege that may be withdrawn by the Town at any
time. Town IT Systems shall not be used for any commercial promotional
purpose, resulting in the opportunity for personal profit or gain excluding
IRS recognized retirement accounts
C. Town staff take all reasonable and necessary efforts to prevent
unauthorized persons from accessing IT Systems and prevent the
introduction of electronic malware.
1. Town staff shall never leave IT Systems unattended and in a state
that allows any third party to gain access to or use IT Systems
without the proper authorizations.
2. As applicable, all Town IT assets that have logins shall be enabled
to use Two -Factor Authentication (2FA) to reduce the possibility
of unauthorized access. All Users are responsible for protecting
the Town's computer assets, computer data, and information
system always.
3. All Users are responsible for taking all reasonable and necessary
efforts to prevent successful phishing and scam attempts,
intended to get Users to reveal financial information, system
credentials or other sensitive data, to prevent unauthorized
persons from accessing IT Systems and introducing electronic
malware.
4. Users are required to take the KnowBe4 webinars to increase
knowledge of phishing and scam attempts.
5. Users are required to immediately notify IT Services when any IT
Systems equipment is missing, stolen, or lost. Missing, stolen, or
lost devices also shall be reported to the director of the
employee's department immediately. Notification shall include an
itemized list of documents stored on such devices.
D. Hardware device standards for IT Systems are set by IT Services and all IT
Systems hardware must be procured through IT Services with
department's approval. All hardware and software shall be installed,
configured, and supported by the IT Managed Services Provider as
determined first by Town -wide policy and then department policy. IT
Managed Services Provider shall reconfigure systems and delete
unauthorized software and data as they see fit within the scope of their
services.
E. Only software purchased and/or licensed to the Town and installed under
the direction of the Town's IT Managed Services Provider may be used on
any IT Systems. Town staff shall not duplicate or copy any software on any
Town IT Systems for use on any personal devices, equipment, or systems.
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Further, enrollment in any cloud software platform (SaaS) used to conduct
official Town business or store Town data, must be authorized by IT
Services and any applicable Town -wide policy.
F. Town staff shall not create individual offsite storage accounts, such as,
cloud storage accounts, on any platform to store Town data. Offsite data
storage platforms, including, cloud storage accounts, can only be used to
store Town data when specifically authorized by IT Services. Even when
the use of offsite and/or cloud storage services are authorized by the IT
Services, the use of any offsite and/or cloud storage services shall be
governed by this policy. Any access to cloud storage accounts shall require
2FA capabilities.
G. Town -provided USB devices may be used to store non -confidential Town
documents as needed for business purposes. It is recommended that USB
devices be password protected. Town -provided USB devices shall only be
plugged into non -Town computer systems that have been secured (e.g.,
computers with the latest virus protection installed.) Personal USB
devices shall not be used to store confidential Town documents other
than those listed on the Town 's Intranet. Use of such USB devices is
strongly discouraged.
H. Access to Database and Information
1. All employees will sign the Employee Security Statement before
having access to any private or confidential information or to any
Town IT Systems. The original will be maintained in the employee's
personnel record.
a. New employees will sign the Statement as part of the
orientation process. Human Resources Department will be
responsible for this procedure.
b. Current employees will sign the Statement when access to the
IT Systems or any private or confidential information is
granted. Department heads are responsible for ensuring this
procedure is conducted.
c. Any database access credential will have the ability to be
revoked by their supervisor.
2. If an employee has a valid business need to access a database on the
Town IT Systems, the following procedure will be followed:
a. The requesting employee will discuss the need with the
employee's supervisor.
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b. If the supervisor agrees that there is a need, the
employee/supervisor will complete the Request for
Employee Access form and submit it to Information Services
in the Finance Department.
c. The Assistant to the City Manager will review the information
provided, verify that an Employee Security Statement from
the requesting employee is on file, and forward the form to
the City Manager's recommendation.
d. Upon approval by the City Manager, IT Services and the
manager will grant access in the manner approved.
e. The employee's supervisor is responsible for notifying IT
Services and the manager of any restrictions or suspensions
in access and for ensuring that no improper use of the access
is made by the employee.
f. Access to the Town's IT Systems is granted only for the
convenience of the Town and may be revoked or suspended
at any time without cause.
g. Users shall follow all established procedures for onboarding
as well as off -boarding in case of voluntary or involuntary
separation.
I. Vendor Supplied Computer Systems — Town computer(s) shall only be
used to access Town information. No other usage from these systems
(e.g., Internet, e-mail) is permissible. Vendors must be given access
through IT Services to the computer systems for remote support.
J. Data Backup -- Files stored on the Town 's IT Systems shall be backed up
periodically (e.g., nightly) according to the Town 's network backup
policies. Users shall utilize network resources to store their data files to
the fullest extent possible to protect the Town 's data resources. Users are
responsible for ensuring that critical data is always stored on network
servers. No Town data shall be stored on desktop computer hard drives
except during network outage problems. Town data shall be copied back
to network servers as soon as possible and deleted from desktop
computer hard drives, laptops, or Town -provide storage devices. All
backups shall be encrypted with keys that are not co -located with the
stored files.
K. Electronic Communication — The Town's IT Systems are designated to
facilitate Town business and communication through the appropriate use
of the electronic communications systems and electronic storage
thereon. The Town values its electronic communications and electronic
storage and takes measures to safeguard them from corruption and illegal
use, and to protect the Town from any possible liability due to illegal use
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of electronic communications and electronic storage. All electronic
communications shall be encrypted end-to-end.
L. Security—Effective security is a team effort involvingthe participation and
support of every User who deals with information and/or information
systems. Acceptable use standards form a critical component of
enterprise security. Adherence to the security policy will ensure security
of information systems, various tools and techniques are employed
including passwords, authentication tokens, biometrics, radio-frequency
identification technologies, and/or any other means of verifying an
individual's identity (collectively, "Authentication Device(s).")
1. Authentication devices, if issued to or used by Users, shall be kept
confidential. Users shall not share authentication devices, or the
information contained in an authentication device, with third
parties or other Users. Similarly, Users may not use the
authentication devices of other Users, and may not enter, access,
or attempt to enter or access IT Systems assigned to other Users.
2. For security and network operations purposes, authorized
individuals within IT Services and IT Managed Services reserve the
right to audit networks and systems as necessary to ensure
compliance with this policy may at any time.
3. Users shall not place sensitive data (including but not limited to
payroll data, financial records, personnel files, or other
confidential information) on laptop computers and/or other
portable devices such as USB devices. Users are required to use
the remote access services authorized and provided by the Town
(e.g., VPN) to access sensitive data rather than downloading data
onto laptop hard drives or other portable storage devices.
4. Computers shall not be left unattended in a state that affords
inappropriate access to records of the Town or otherwise
compromises security. (e.g., lock workstation or logoff).
5. User's access to computer, communication equipment and
network resources may be limited at any time due to necessary
security policies to protect the Town 's network. The Town uses
monitoring software and shall, at Executive Management or IT
Services discretion, prevent unauthorized use.
M. Internet — All Internet Users are expected to be responsible
"cybercitizens," which means knowing the tools, rules, and etiquette and
behaving in conformance with this policy.
1. Material posted to Internet newsgroups or bulletin boards shall
not reflect negatively on the Town and not violate any trust or
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copyright laws. Internet access shall be used only for Town
business during working hours.
2. Personal use shall be limited. All other Town employment policies
(e.g., Workplace Harassment Policy, social media policy) apply to
Internet use.
N. No Expectation of Privacy - No Expectation of Privacy for Computer and
Communication Equipment—The tools provided by the Town in
accordance with this policy remain the property of the Town and are
provided for the purpose of business communications. Accordingly, the
Town retains the right to review Users' usage of such equipment. Users
shall have no expectation of privacy for voice communications, electronic
mail (e- mail) communications, internet use, messaging, and all other uses
of computer and communication equipment. The Town does use software
tools to restrict access to Internet sites and e-mails deemed by Executive
Management to be inappropriate for the workplace. The Town utilizes
tools to track Internet use by Users. Examples of when Executive
Management and IT Services may need to review User usage and
messages sent or received include but are not limited to:
1. Retrieving lost messages
2. Recovering from system failures or monitoring system
performance
3. Complying with internal and external investigations such as
grievances, workplace harassment claims, or suspected criminal
acts
4. Ensuring that Town systems are being used for business purposes
and polices
5. Responding to Public Records Act requests or litigation discovery
No User or department may implement additional security or encryption
requirements without discussing in advance with IT Services and IT
Managed Services provider prior to implementation. Employees shall
make the passwords or other keys to "unlock" such encryption techniques
available to their supervisors upon request. At no time shall employees
use their network password as an additional security password.
0. Retention
1. Retention is based on the content of the e-mail. The Town will
maintain all e-mail messages determined by staff to be official
records (those that relate in a substantive way to the conduct of
business, or are made or retained for the purpose of preserving the
informational content for future reference) for the period of time
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Personnel Rules & Regulations
designated in the Town's retention schedule, based upon the content
of the e-mail,) by printing and saving them in a paper subject / project
file, or by saving them electronically in a subject / project folder.
2. Official records are saved and stored in subject / project file folders.
E-mail messages which are intended to be retained in the ordinary
course of the Town's business are recognized as official records that
need protection / retention in accordance with the California Public
Records Act. Because the e-mail system is not designed for long term
storage, e-mail communications which are intended to be retained
as an official record (those that relate in a substantive way to the
conduct of business, or those that are made or retained for the
purpose of preserving the informational content for future
reference) should be saved in an electronic subject / project folder
on the Town's network, or be printed out and the hard copy filed in
the appropriate subject / project file so they can be accessed by other
employees.
3. The Town restricts Personable Storage Table (PST) utilization used to
store copies of email messages, calendar events, and other personal
information.
4. E-mail submitted to, or transferred from the agency, and all internal
agency communications, including staff notes related to a non-
exempt California Environmental Quality Act (CEQA) action are
required to be retained until Completion of the CEQA process. This
does not include:
a. "every e-mail and preliminary draft."
b. "e-mail equivalent to sticky notes, calendaring faxes, and
social hallway conversations — that is, e-mails that do not
provide insight into the project or the agency's CEQA
compliance with respect to the project — are not within the
scope of [Public Resources Code] Section 21167.6, subdivision
(e) and need not be retained to comply with Section 21167.6."
5. E-mail communications that DO NOT relate in a substantive way
to the conduct of business, or are NOT required to be retained by
law nor by the City's Records Retention policies, and were NOT
made or retained for the purpose of preserving the informational
content for future reference (preliminary drafts, notes, transitory
correspondence, interagency or intra -agency memoranda not
retained in the ordinary course of business,) will be deleted by
employees as soon as they are no longer required.
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6. The Town will auto -delete e-mails left in the following mail boxes
on a routine basis:
a. In boxes (delete what remains after 2 years)
b. Sent items (delete what remains after 2 years)
c. Deleted items (delete what remains after 90 days)
P. Archiving and "Auto -Archiving" of e-mails is not permitted.
Q. Personal Devices/Personal Accounts/Text messages. The Town
discourages the use of personal e-mail accounts, cell phones, or other
personal devices to conduct Town business. If any of these are used to
conduct Town business:
1. If the e-mail from a personal device, personal account, or text
contains content that needs to be preserved, it should be either:
memorialized via another record (memorandum, letter, or e-mail)
that is saved for its retention period (based upon the content of the
record); or
2. Copied or forward t to a Town e-mail account, where it will be
properly saved in compliance with this policy.
3. E-mails, records, and/or text messages stored on personal devices
or in personal accounts relating to the conduct of Town business
may be subject to the Public Records Act.
4. In the event a request for records is received, employees must
locate all records responsive to such request, including any records
stored on personal accounts or personal devices (unless an
exemption applies.)
R. E-mails may only be sent or forwarded to appropriate persons with a need
to know the information to conduct Town business.
S. For confidential emails, the word "Confidential" should be included in the
subject line . Do not "interfile" e-mail or other privileged correspondence
from the City Attorney's Office with public documents (documents that
are accessible to the public). These e-mails are subject to the attorney-
client and or the attorney work product privileges, and the contents
should not be disclosed without first checking with the City
Clerk. Litigation Holds / Other Types of Holds. E-mails subject to litigation
(including a reasonable expectation of litigation,) claims, complaints,
audits, records requests and/or investigations are to be preserved and
normal retention periods are suspended for these emails (retention
resumes after settlement or completion of the triggering hold).
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T. Privileged Attorney -Client Communication. All employees should be
aware that communication and correspondences with the City Attorney's
Office, and all work products, opinions, comments, written
correspondence and emails from the City Attorney's Office are
confidential and protected by the attorney-client privilege. Such privilege
is only waivable by the City Council. Thus, employees shall not forward or
reproduce attorney-client privileged, confidential communication
correspondence to any third party outside the Town, with the exception
of Town -retained consultants who are a part of a Town project team or
are providing advisory or project management services to the Town. Any
questions regarding whether a communication or correspondence is
distributable, or whether a third party is considered a Town consultant
able to receive privileged communication, should be directed to the City
Attorney's Office.
U. Separation/ Transfer of Users
1. The Town's IT Systems must be set up to immediately disable a
separated employee's access to Town e-mail and/or other
technology. Human Resources and Information Technology shall
ensure timely notifications of all employee separations.
2. During separation, Human Resources will ensure employees:
a. Forward any e-mails or text messages relating to Town
business stored on personal devices or personal accounts to
their Town e-mail account.
b. Employees are to close and/or remove any access to Town e-
mail or other technology systems from their personal devices.
c. Information Technology shall ensure that the employee's
(former) supervisor has access to the former employee's e-
mail account.
d. The records stored in the e-mail account (including any
archives) of an employee who separates, or transfers shall be
the responsibility of that employee's (former) supervisor.
e. The former employee's supervisor shall review the e-mails of
the former employee, ensure the content of their e-mail
account are preliminary drafts not retained in the ordinary
course of business (i.e. the content does NOT relate in a
substantive way to the conduct of the public's business,)
thenauthorize their deletion, after appropriate records are
retained for their retention period, if applicable.
f. E-mails that remain in an account (that are not saved in a
subject/project file folder outside the e-mail system) will be
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routinely deleted after 2 years.
V. City Council Personal Computing Devices and Electronic Communications.
The following rules shall be applicable to all Los Altos Hills Council
members:
1. To reduce the amount of paper utilized by the Town, the Town
Council members shall be provided with the opportunity to utilize
personal computing devices to store Town Council agenda
materials and to access agenda materials during Council meetings.
For purposes of this subsection, a "personal computing device"
includes Wads, mobile phones, tablets, laptops, notebooks,
desktop computers and other such devices.
2. During Council meetings, noticed and open to the public pursuant
to the Brown Act, the use of personal computing devices by
Council Members to receive/send calls, emails, text messages or
other communication is not permitted.
3. All information stored on the personal computing device may be
subject to the California Public Records Act.
4. Use of any personal computing device provided by the Town to
members of the Council shall comply with this policy, shall be the
property of the Town, and shall be returned to the Town when the
Council member is no longer serving in such capacity.
5. The primary use of personal computing devices shall be for Town
related business. Incidental personal use is permissible provided
the use complies with this policy.
W. Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10 of the
Employee Handbook may be taken if a User is found in violation of this
policy. A User may also be subject to criminal or civil prosecution in
accordance with other applicable State or Federal laws.
Town of Los Altos Hills
Personnel Rules & Regulations
INFORMATION SECURITY PROCEDURES and EMPLOYEE SECURITY STATEMENT
Section 1 — Purpose
The Town shall establish information security procedures to which Users are expected to adhere.
These procedures are an extension of the Information Technology Use Policy and are applicable
to all Users. The Town reserves the right to change the policies and procedures set forth in this
policy at any time.
Users must not circumvent the policies, procedures, and safeguards implemented with the
technology that protect the Town, its information, and its employees. Users must promptly
report technology related security incidents or concerns to IT Services and IT Managed Services
Provider
Section 2 - Policy Specifics
A. Passwords
Passwords are an important aspect of computer security. They are the frontline of protection for
User accounts. Passwords are used for various applications at the Town. Some of the more
common uses include network accounts, web accounts, e-mail accounts, screen saver protection,
department specific applications, and voice -mail access.
A poorly chosen password can compromise the Town 's network. As such, all Users are
responsible for taking the appropriate steps, as outlined below, to select and secure their
passwords. The Town ,requires the following:
Network
Minimum length: 8 characters
Complexity: letters, numbers, and special characters
Remember last password: 5 previous passwords
Require password change: 6 months
Lockout period: 15 minutes
Never use the same password for Town accounts as for other non -Town account access (e.g.,
personal accounts, bank accounts, benefits, etc.).
Passwords should not be written down. No User shall share their User ID or passwords with any
other Town User, non -Town User, or person. No User shall log a person in and allow that person
to perform work under a User ID and password that does not belong to that individual. Authority
and access to all information is based on User ID. If a person needs additional authority or access,
that person, their supervisor, or their employee contact (in the case of a vendor) shall contact IT
Services to set it up.
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All passwords are to be treated as sensitive and confidential. Users shall not reveal their password
to anyone under any circumstances. For example, Users shall not reveal their password over the
phone, in an e-mail message, in any form of writing, including to any co-worker, family member,
etc.
As applicable, all accounts shall be protected by Two -Factor Authentication (2FA).
B. Use of Town IT Systems with Non -Town Computer Equipment
Users can connect to the Town's network their personal computer equipment (excluding USB
storage devices) to check email, calendar, and contacts, but not permitted to access other shared
networks.
Any employee who wishes to attach or connect a consultant, vendor, or contract worker's
personal computer equipment (including laptops) to the Town's network shall agree to follow all
the polices set forth in the Town 's IT Use Policy when attaching computer equipment to the
Town 's network at any Town facility.
1. Town staff shall inform non -Town employees of the inspection requirements, and when
possible, provide advance notice to IT Managed Services Provider through the Help Desk
to schedule the inspection.
2. The Town shall attempt to maintain the privacy of the individual's equipment, but once
attached to the Town 's network, the Town retains the right to inspect the computer
equipment in accordance with the IT Policy.
Except as explicitly authorized, Users shall not allow Town documents to be stored on a hard
drive or other storage media attached to a non -Town personal computer. Users shall not allow
personal computer equipment that is connected to the Town's networkto be configured to allow
web hosting, sharing, or Wi-Fi services.
Town network access shall not be used to download files from the Internet, including but not
limited to video, music, or applications, to a personal, non -Town computer. No attempt shall be
made to access data by any unauthorized means. The Town 's security policies may limit network
access.
C. Vendor Remote Desktop Support
In certain circumstances Town vendors are allowed to provide remote support to specific User
desktop computers. If a User allows a vendor to remotely support the desktop, computer Users
shall ensure that only the vendor -specific application is open on the desktop.
D. Employee Security Statement
By signing this form, I confirm that I have read, understand, and agree to the IT Policy and
Town of Los Altos Hills
,Personnel Rules & Regulations
Attachment A, and understand the consequences for non-compliance to its terms. The Town
collects and receives confidential and personal information from the public to administer the
various functions for which it has responsibility. The Town is committed to protecting this
information from unauthorized access, use, or disclosure. I understand the following are my
responsibilities:
1. As an employee of the Town, I may access confidential and personal information
maintained by the Town only when necessary to accomplish the responsibilities of my
employment. I shall not access or use this confidential or personal information for reasons
personal to me or for personal gain.
2. 1 may disclose confidential or personal information maintained by the Town only to
individuals who have been authorized to receive it through the appropriate procedures
as governed by State law and Town ordinances and policy. In the case of confidential or
personal information, a proper accounting of all disclosures must be made.
3. 1 understand I have a duty to promptly notify a supervisor of an indication of misuse or
unauthorized disclosure of confidential or personal information by any employee of the
Town.
4. 1 understand that computer passwords to the various Town systems are considered
confidential information.
14.10 FRAUD POLICY
The Town of Los Altos Hills is committed to protecting its assets against the risk of loss or
misuse. Accordingly, it is the policy of the Town to identify and promptly investigate any
possibility of fraudulent or related dishonest activities against the Town and, when
appropriate, to pursue legal remedies available under the law
14.10.1 General Provisions
A. Purpose -To establish policy to ensure that employees are aware of what
acts are considered to be fraudulent, what the procedures are for
reporting suspected fraudulent acts, and what steps are to be taken when
fraud or other related dishonest activities are suspected.
B. Definitions
1. "Fraud" — Fraud and other similar irregularities include, but are not
limited to:
a. Claim for reimbursement of expenses that are not job- related
or authorized by the current Town Reimbursement Policies;
b. Forgery or unauthorized alteration of documents (checks,
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promissory notes, time sheets, independent contractor
agreements, purchase orders, budgets, etc.);
c. Misappropriation of Town assets (funds, securities, supplies,
furniture, equipment, etc.);
d. Improprieties in the handling or reporting of money
transactions;
e. Authorizing or receiving payment for goods not received or
services not performed;
f. Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or
misappropriation of Town -owned software;
g. Misrepresentation of information on documents;
h. Any apparent violation of Federal, State, or local laws related to
dishonest activities or fraud;
Seeking or accepting anything of material value from those
doing business with the Town including residents, vendors,
consultants, contractors, lessees, applicants, and grantees.
Materiality is determined by the Town's Conflict of Interest Code
which incorporates the Political Reform act of 1974, Regulations
of the Fair Political Practices Commission ( 2 Cal.Admin.Code
Sections 18100 et seq. ), and any amendments to the Act or
regulations.
2. "Employee" — In this context, employee refers to any individual or
group of individuals who receive compensation, either full- or part-
time, from the Town. The term also includes any volunteer who
provides services to the Town through an official arrangement with
the Town or a Town organization.
3. "Manager or Management" — In this context, manager or
management refers to any administrator, manager, director,
supervisor, or other individual who manages or supervises funds or
other resources, including human resources.
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14.10.2 Policy
A. It is the Town's intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial
investigation will be conducted regardless of the position, title, length of
service, or relationship with the Town of any party who might be involved
in or becomes the subject of such investigation.
B. Each department of the Town is responsible for instituting and
maintaining a system of internal control to provide reasonable assurance
for the prevention and detection of fraud, misappropriations, and other
irregularities. Management should be familiar with the types of
improprieties that might occur within their area of responsibility and be
alert for any indications of such conduct.
C. When informed of a suspected impropriety, neither the Town nor any
person acting on behalf of the Town shall:
1. Dismiss or threaten to dismiss the employee reporting the
impropriety because of said reporting;
2. Discipline, suspend, or threaten to discipline or suspend that
employee because of said reporting;
3. Impose any penalty upon that employee because of said
reporting; or
4. Intimidate or coerce that employee for that employee's role in
reporting the suspected impropriety.
5. This section is intended to protect employees from retaliation for
reporting suspected improprieties. It shall not be construed as
absolving an employee of responsibility for their own fraudulent
activity; any such fraudulent activity shall be subject to disciplinary
action.
D. Violations of this policy will result indiscipline up to and including
dismissal.
E. Upon conclusion of the investigation, the results will be reported to the
City Manager.
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1. The City Manager, following review of investigation results, will
take appropriate action regarding employee misconduct.
Disciplinary action may include referral of the case to the District
Attorney's Office for possible prosecution.
2. The Town will pursue every reasonable effort, including court
ordered restitution, to obtain recovery of Town losses from the
offender, or other appropriate sources.
14.10.3 Procedures
A. City Council and Committee/Commission appointee Responsibilities
1. If a City Councilmember or an Appointee has reason to suspect that a
fraud has occurred, they shall immediately contact the City Manager.
2. The City Councilmember or appointee member shall not attempt to
investigate the suspected fraud or discuss the matter with anyone
other than the City Manager.
3. The alleged fraud or audit investigation shall not be discussed with the
media by any person other than through the City Manager in
consultation with the City Attorney and the Administrative Services
Director.
B. Employee Responsibilities
1. A suspected fraudulent incident or practice observed by, or made
known to, an employee shall be reported to the employee's
supervisor. If the employee believes that the supervisor may be
involved in the inappropriate activity, or if there is any other reason
the employee believes it would not be appropriate to report to the
supervisor, the employee shall make the report directly to the next
higher level of management and/or to the City Manager
2. The reporting employee shall refrain from further investigation of the
incident, confrontation with the alleged violator, or further
discussion of the incident with anyone, unless requested by the City
Manager, City Attorney or law enforcement personnel.
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C. Management Responsibilities
1. Managers are responsible for being alert to, and reporting,
fraudulent or related dishonest activities in their areas of
responsibility.
2. Each manager should be familiar with the types of improprieties that
might occur in their area and be alert for any indication that improper
activity, misappropriation, or dishonest activity is or was in existence
in their area.
3. When an improper activity is detected or suspected, or when a
manager receives a report of suspected activity from an employee,
the manager shall inform their immediate supervisor and/or the
department head.
4. Management should not attempt to conduct individual
investigations, interviews, or interrogations. However, management
is responsible for taking appropriate corrective actions to ensure
adequate controls exist to prevent reoccurrence of improper actions.
5. Management should support the Town's responsibilities and
cooperate fully with other involved departments and law
enforcement agencies in the detection, reporting, and investigation
of criminal acts, including the prosecution of offenders.
6. Management must give full and unrestricted access to all necessary
records and personnel. AII.Town furniture and contents, including
desks and computers, are open to inspection at any time. There is no
assumption of privacy.
7. In dealing with suspected dishonest or fraudulent activities, great
care must be taken. Therefore, management should avoid the
following:
a. Incorrect accusations.
b. Alerting suspected individuals that an investigation is
underway.
C. Treating employees unfairly.
d. Making statements that could lead to claims of false
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accusations or other offenses.
8. In handling dishonest or fraudulent activities, management has the
responsibility to:
a. Make no contact (unless requested) with the suspected
individual to determine facts or demand restitution. Under
no circumstances should there be any reference to "what
you did", "the crime", "the fraud", "the.misappropriation",
etc.
b. Avoid discussing the case, facts, suspicions, or allegations
with anyone outside the Town, unless specifically directed
to do so by the City Attorney.
C. Avoid discussing the case with anyone inside the Town
other than employees who have a need to know such as
the City Manager, City Attorney, or law enforcement
personnel.
d. Direct all inquiries from the suspected individual, or their
representative, to the City Manager or City Attorney. All
inquiries by an attorney of the suspected individual should
be directed to the City Attorney. All inquiries from the
media should be directed to the City Manager.
a. Take appropriate corrective and disciplinary action, up to
and including dismissal, after consulting with the
Administrative Services Director, in conformance with the
Town's Personnel Policy Manual.
14.10.4 Investigation and Action
a. The department head shall inform the City Manager and the Administrative
Services Director of suspected activity involving fraud or related dishonest
activity.
b. The department head, Administrative Services Director, and City Manager
will determine how best to investigate the suspected activity; typically either
the department head or the Administrative Services Director, or a
designated representative, will be assigned to conduct the investigation.
c. At the conclusion of the investigation, the investigator will report to the
Department Head, City Manager, and Administrative Services Director.
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d. If evidence is uncovered showing possible dishonest or fraudulent
activities, the investigator will proceed as follows:
1. Advise management, if the case involves staff members, to meet with
the Administrative Services Director to determine if disciplinary
actions should be taken.
2. Report to the Administrative Services Director such activities in order
to assess the effect of the illegal activity on the Town's financial
statements.
3. Coordinate with the Town's Risk Manager regarding notification to
insurers and filing of insurance claims.
4. Take immediate action, in consultation with the City Attorney, to
prevent the theft, alteration, or destruction of evidentiary records.
Such action shall include, but is not limited to:
a. Removing the records and placing them in a secure location,
or limiting access to the location where the records currently
exist.
b. Preventing the individual suspected of committing the fraud
from having access to the records.
5. If employees are contacted by the news media regarding an alleged
fraud or audit investigation, the employee will consult with the City
Manager, and the City Attorney as appropriate, before responding to
a media request for information or interview.
Unless exceptional circumstances exist, a person under investigation
for fraud is to be given notice in writing of essential particulars of
the allegations following the conclusion of the audit. Where notice is
given, the person against whom allegations are being made may
submit a written explanation to the Administrative Services Director
no later than seven calendar days after notice is received.
6. The Administrative Services Director will be required to make
recommendations to the appropriate department for assistance in the
prevention of future similar occurrences.
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14.10.5 Exceptions
There will be no exceptions to this policy unless provided and approved in
writing by the City Manager and the City Attorney.
If the City Manager is suspected of fraud, that claim shall be addressed directly
to the City Attorney. The City Attorney shall enforce the spirit of this policy and
report to the City Council as appropriate.
14.11 DRIVER SELECTION POLICY
14.11.1 Driver Selection
The Town has adopted these guidelines for the selection and authorization of all
employees who may operate any vehicle and/or equipment or their personal
vehicle on behalf of the Town.
Preventing driving -related accidents and injuries begins during the hiring
process.
A. Application for Employment
To ensure the Town hires qualified candidates into positions that require
or may require driving, we require applicants to provide the following
with the employment application:
1. Driver's license number for the class of vehicle operated and
expiration date
2. Proof of Insurance if operating personal vehicles on Town
business.
B. Motor Vehicle Report
Simply having a valid driver's license does not automatically qualify an
employee or prospective employee to operate a motor vehicle on behalf
of the Town:
1. Applicants - Upon verification of a valid driver's license, the Town
will obtain and review the most recent motor vehicle record (MVR)
prior to granting driving authorization to determine if it is
acceptable based on the criteria contained in this policy.
2. Emplovees— All employees who drive while working at the Town
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will be enrolled in the DMV Motor Vehicle Employer Pull Notice
Program (EPN). The reports will be reviewed and evaluated by
Human Resources, Risk Management and the City Manager to
determine that employees remain eligible to operate Town
vehicles and their personal vehicles while working on behalf of
the Town. Those drivers who do not hold a Class A or B license
must sign a waiver allowing their enrollment in the program.
MVR Criteria —The Town will review MVRs in accordance with the
criteria contained in Section 2 of this policy. For each employee
enrolled in the EPN Program, the DMV will issue an updated MVR.
The MVR is automatically issued periodically and when there is
activity on a requested employee's report. The focus will be on
the frequency and severity of accidents and traffic violations over
the past five years.
14.11.2. Distracted Driving (Use of cell phones and wireless devices)
All employees must adhere to all Federal, State, and local rules and regulations
regarding the use of cell phones and wireless devices while driving.
Employees are prohibited from using a wireless device to write, send or read
text -based communications while driving.
14.11.3. Definitions
A. "Authorized Drivers"
Authorized drivers are those employees that have been identified, by
verification of their driving record through the DMV, as:
1. Having an acceptable driving record in accordance with those
set forth in this policy;
2. Received approval to drive Town vehicles or their own personal
vehicle from the driver's manager or supervisor; and
3. Have met any other requirements set forth by the Town.
B. "Qualified Driver"
Drivers are deemed "qualified" if they meet the following criteria:
1. Possess a valid, active (non -suspended) California driver's
license of the proper class and comply with any DMV
restrictions;
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Personnel Rules & Regulations
2. Pass physical and/or vision/hearing test as required by the class
of license;
3. Pass physical examination when a question of fitness to drive
arises because of illness or injury;
4. Demonstrate proficiency in vehicle or equipment operation and
receive direct supervisor approval; and
5. Meet U.S. Department of Transportation requirements, when
applicable to the operation of vehicles or equipment.
14.11.4. Accident Reporting
In the event of a vehicle accident involving a Town vehicle, driver:
1. Call 9-1-1;
2. Notify direct supervisor;
3. Offer first aid, if trained and able;
4. Take photos of the location, road condition, damages, vehicle positions,
and other pertinent and relevant objects, if'safe to do so;
5. Exchange insurance and contact information with other vehicles
operators or property owners; if safe to do so;
An ABAG Plan accident report, located in the glove box of all Town vehicles,
should be completed within 24 hours of the incident by driver or direct
supervisor and submitted the report to Human Resources, Risk Management, or
the City Clerk. An accident investigation will be completed by Risk Management
and/or the direct supervisor, and the driver's status may be evaluated.
14.11.5 Vehicle Use
Employees are encouraged to use Town vehicles for all official Town business.
Unauthorized use of Town vehicles is prohibited. In the event the employee
must use personal vehicles for official Town business, a mileage reimbursement
will be paid based on mileage rate set by Internal Revenue Service.
Persistent use of personal vehicles will require adequate proof of insurance
coverage with minimum coverage set at $150,000 per occurrence.
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,Personnel Rules & Regulations
14.11.6 Inspection, Maintenance, and Recordkeeping
The inspection and service of Town vehicles are the responsibility of the Public
Works Department. Employees are responsible for performing a visual
inspection prior to each trip to assure all safety features are fully functionally,
such as lights, signals, wipers, tires, and brakes. Any deficiency must be reported
to Public Works and the vehicle must be removed from service. Inspection
schedules and maintenance records are maintained by Public Works and
documented in a vehicle log.
14.12 VIOLENCE IN THE WORKPLACE
The Town of Los Altos Hills is committed to protecting its employees from
threats of violence in the workplace. It is the Town's policy that the Town will
not tolerate violence or threats of violence made by an employee, visitor,
vendors, consultants, contractors any persons appearing on Town property
seeking information or assistance from the Town or any person utilizing the
Town facilities or resources.
14.12.1 Purpose
A. This section provides the Town's policy, as well as the procedures to address
workplace violence issues. To ensure a safe workplace, the Town has
developed procedures to prevent violent incidents from occurring and to
provide an orderly process for handling violent and threatening behavior in
the workplace, if it occurs.
14.12.2 Policy
A. Acts of violence, whether threatened, gestured, or carried out will not be
tolerated in a Town workplace. Anyone witnessing or becoming the subject
or victim of such behavior shall immediately report it to the proper
authorities for investigation. Minimizing the threat of violence is a duty of all
employees to ensure a safe workplace. The Town resources may not be used
to threaten, stalk or harass anyone at the workplace or outside the
workplace. The Town treats threats coming from an abusive personal
relationship as it does other forms of violence.
B. It is the responsibility of all employees to notify a supervisor, the
Administrative Services Director, or the City Manager immediately of any
violent act or a threat, or if a violent act or threat against themselves or any
other Town employee occurs in the workplace or is directly associated with
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.Personnel Rules & Regulations
their employment with the Town. Employees should not place themselves in
peril, nor should they attempt to intercede during an incident. Notification
may be made to any of these employees as appropriate and shall be as soon
as practicable. Retaliation of the threat or retaliation against a person who
reports such an incident is unlawful and shall not be tolerated.
C. Town employees shall not possess the following instruments at a Town
worksite or on Town property including Town parking lots, unless there is a
work-related purpose and written approval has been obtained from the
employee's department manager:
1. Firearms;
2. Explosives or ammunition;
3. Fixed blade knives;
4. Folding knives with blades over 3.5 inches;
5. Illegal weapons such as defined in Section 12020 of the California
Penal Code
D. The Town shall take appropriate disciplinary action up to and including
termination of employment against employees who violate this policy. On
a case-by-case basis, or as needed, the Town will offer incident -related
counseling service through the Town's Employee Assistance Program (EAP),
or any other resource or program available by the Town who are the
victims of violence or are subjects of threats of violence intimidation at the
workplace. The Town administration will work with public safety, the
courts, other authorities necessary to assure employee safety.
14.12.3 Procedure - Imminent or Actual Violent Acts
A. Employee Responsibilities: An employee who is in immediate apparent
danger of a violent act an employee witnesses a violent act, or the threat
of a violent act shall, whenever possible ensure the immediate safety of
employees and the worksite by calling 911, and notify the department
manager and Human Resources Director.
1. Place themselves in a safe location.
Call 911 and request the immediate response of a police officer. Be
prepared to info the police dispatcher of the circumstances and exact
location of where an officer needed.
3. Inform a supervisor or manager of the circumstances.
4. Refer media inquiries to the City Manager's Office.
5. Cooperate fully in any administrative or criminal investigation which
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,Personnel Rules & Regulations
shall be conduct within this policy and the law.
B. Supervisor/Manager Responsibilities:
1. Place themselves in a safe location.
2. If feasible, have the involved individual (s) wait in separate rooms or
locations until the police take control or remove them from the
premises.
3. In consultation with the City Manager, determine if it is appropriate
to obtain a restraining order or other appropriate injunctive and/or
other legal and/or equitable relief.
4. Reassign/relocate personnel or job duties if required.
5. Terminate any business relationship.
6. Any other action deemed by the Town to be necessary or required
under the circumstances.
7. Refer media inquiries to the City Manager's Office.
C. Procedures - Future Violence:
1. Employees who have reason to believe they, or another City
employee, may be victimized by a violent act sometime in the future,
at the workplace or as a direct result of their employment with the
Town, shall inform their supervisor immediately so appropriate action
may be taken. The supervisor shall inform their department manager.
2. Employees who have signed and filed a restraining order, temporary
or permanent, against an individual due to a potential act of violence,
who would be in violation of the order by coming near them at work,
shall immediately supply a copy of the signed order to their supervisor
and the Administrative Services Director.
D. Post -Incident Review:
1. The City Manager's Office, the Administrative Services Director and
the affected department may conduct a post -incident review and _use
the review to evaluate this policy and procedure.
2. The Town may determine what continuing support systems are
needed and oversee post incident activities.
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Classification and Compensation Plan
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Town of Los Altos Hills
Classification and Compensation Plan
CLASSIFICATION AND COMPENSATION PLAN
The purpose of the compensation plan is to outline the compensation package for eligible
employees and their eligible dependents. Eligibility is determined by the Town's Personnel Rules
and Regulations unless otherwise defined in the benefit description.
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Classification and Compensation Plan
SECTION 100
AUTHORIZED CLASSIFICATION AND SALARIES
100.1 MONTHLY SALARY SCHEDULE BY PERMANENT EMPLOYEE CLASSIFICATION
113
FY24;-25 Salaryhe
Scdule
"'A IR
Hourly Range .
;Minimum
'. Maximum
Minimum.
Maximum
City Manager -Set by Contract
$
254,880
$
254,880
salary
Assistant to the City Manager
$
133,905
$
180,773
salary
Management Analyst II
$
112,650
$
152,079
salary
Management Analyst
$
97,138
$
131,137
$
46.70
1 $
63.05
Senior City Clerk
$
144,202
$
194,674
salary
City Clerk
$
124,346
$
167,866
salary
Admin Clerk/Technician
$
77,782
$
105,005
$
37.39
$
50.48
Administrative Services Director
$
189,207
$
255,429
salary
Finance Director
$
179,565
$
242,657
salary
Finance Manager
$
142,997
$
193,046
salary
Senior Accountant
$
124,346
$
167,866
salary
Accountant
$
102,057
$
137,775
$
49.07
$
66.24
Accounting Technician
$
92,457
$
124,818
$
44.45
$
60.01
Accounting Office Assistant
$
79,726
$
107,630
$
38.33
$
51.74
Community Development Director
$
189,207
$
255,429
salary
Assistant Community Development
Director/Building Official
$
155,432
$
209,834
salary
Principal Planner
$
137,254
$
185,293
salary
Senior Planner
$
118,354
$
159,778
salary
Associate Planner
$
102,057
$
137,775
$
49.07
$
66.24
Assistant Planner
$
88,003
$
118,803
$
42.31
$
57.12
Building Official
$
124,346
$
167,866
salary
Deputy Building Official/Plan
Examiner
$
118,124
$
159,462
salary
Senior Building Inspector
$
102,057
$
137,775
$
49.07
$
66.24
Building Inspector
$
88,003
$
118,803
$
42.31
$
57.12
Building Technician
$
81,719
$
110,321
$
39.29
$
53.04
Public Works Director & City
Engineer
$
189,207
$
255,429
salary
Utility Engineering Manager
$
144,202
1 $
194,674
salary
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Town of Los Altos Hills
rinccifirntinn and rmmnnncatinn Plan
Senior Civil Engineer
$
130,641
$
176,364
salary
Associate Engineer
$
112,650
$
152,079
$
54.16
$
73.11
Assistant Engineer
$
97,138
$
131,137
$
46.70
$
63.05
Senior Maintenance
Superintendent
$
137,254
$
185,293
salary
Maintenance Superintendent
$
118,354
$
159,778
salary
Maintenance Worker III
$
79,726
$
107,630
$
38.33
$
51.74
Maintenance Worker II
$
68,747
$
92,810
$
33.05
$
44.62
Maintenance Worker 1
$
59,281
$
80,029
$
28.50
$
38.48
Community Services Manager
$
116,566
$
157,360
salary
Community Services Supervisor
$
97,138
$
131,137
$
46.70
$
63.05
Recreation Specialist
$
62,282
$
84,080
$
29.94
$
40.42
Senior Public Works Inspector
$117,242
$158,277
$56.37
$76.09
Public Works Inspector
1 $
95,030
$
128,289
$
45.69
$
61.68
*See Section 1.2 for Meritorious Range
100.1 MERITORIOUS RANGE
At the City Manager's discretion, an employee at top salary on the Salary Range may be
awarded a monthly salary of up to 5% above top salary in recognition of exemplary
performance. Meritorious awards may be revoked by the City Manager, at any time and
without cause, and automatically expire at the end of each fiscal year.
100.2 TEMPORARY AND PART-TIME EMPLOYEE SALARIES
Temporary and Part -Time employees are paid an hourly rate equivalent to the monthly
rate for permanent employees in a like classification at a salary commensurate with the
employee's experience. If there is no related permanent employee classification, the City
Manager shall set a temporary rate not to exceed $25.00 per hour.
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.Classification and Compensation Plan
SECTION 200
LEAVE
Administrative Leave—See Section 6.11
Bereavement Leave — See Section 6.8
Catastrophic Leave — See Section 6.3
Compensatory Time (Comp Time) — See Section 6.6
Family and Medical Leave — See Section 6.12
Holidays —See Section 6.4
Jury Duty — See Section 6.7
Leave Without Pay — See Section 6.14
Military Leave — See Section 6.9
Pregnancy Disability Leave —See Section 6.13
Sick Leave — See Section 6.2
Vacation Leave — See Section 6.5
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Classification and Compensation Plan
SECTION 300
HEALTH AND WELFARE
300.1 CAFETERIA AND FLEXIBLE BENEFIT PLAN
Effective January 1, 2024, the cafeteria plan flexible dollar amount will be as follows:
Level of coverage I Monthly Flexible
Dollar Amount
Employee 1,021.41
Employee plus one 1,924.48
Employee plus two or 2,492.24
more
The flexible dollar amount may be used to select any of the PEMHCA medical plans
available to the employee or any other benefits available in the Town's Cafeteria and
Flexible Benefit Plan. Additional Plan options shall include short-term disability, hospital
confinement indemnity, hospital confinement sickness indemnity, hospital intensive care,
accident, cancer/specified disease, lump sum critical illness, specified health event benefits
and a flexible spending account option. Employees selecting a plan or benefits for which
the cost is greater than the Town's applicable flexible dollar amount shall pay the excess
cost. Eligible employees with proof of insurance from another source may elect to receive
an opt -out payment in -lieu -of participating in the Town's Cafeteria Flexible Benefit Plan.
Opt -out payments are:
Level of coverage Bi -weekly opt -out
payment
Employee Only &
Employee plus
one
Employee plus two or
more
$212.31
$276.93
The Town shall adjust the monthly flexible benefit contribution on an annual basis.
300.2 DESIGNATED HEALTH CONTRIBUTION TOWARD HEALTH PREMIUM
2023Monthly PEMCHA health contribution
$ 157.00
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,Classification and Compensation Plan
The Town contracts with PEMHCA for health insurance and pays the minimum monthly
health contribution toward the health premium, as established by PEMHCA on an annual
basis, for eligible employees, elected officials, and qualifying retirees. For eligible
employees, this benefit begins on the first day of the calendar month following the
employee's hire date and terminates on the last day of the calendar month following the
employee's separation date. The PEMCHA contribution for health is per month for eligible
employees, elected officials, and qualifying retirees. Retirees will be required to qualify as
CalPERS annuitants and meet all statutory and legal requirements necessary to receive this
benefit. The health contribution is included in the Cafeteria and Flexible Benefit fund
amounts described in section above.
300.3 DENTAL PLAN
The Town contracts for dental insurance and pays the full premium for eligible employees,
elected officials and their eligible dependents. This benefit begins on the first day of the
calendar month following the employee's hire date and terminates on the last day of the
calendar month following the employee's separation date.
300.4 VISION PLAN
The Town contracts for vision insurance and pays the full premium for eligible employees,
elected officials, and their eligible dependents. This benefit begins on the first day of the
calendar month following the employee's hire date and terminates on the last day of the
calendar month following the employee's separation date.
300.5 EMPLOYEE WELLNESS
Permanent full-time employees are eligible for wellness benefits from two separate
programs, offering a total of up to $1,075 annually. Employees must submit a request
form with receipts for reimbursement. All wellness reimbursements shall be processed
through payroll.
300.5.1 Wellness Allowance
This program offers up to a $575 employee wellness allowance for programs, activities,
and equipment that promote good health. Guidelines for the program will be established
by the City Manager. This benefit is made possible by a grant from the Town's Workers'
Compensation insurer.
300.5.2 Year -Round Wellness Program
This program offers up to $500 annually for eligible wellness expenses. Available to all
full-time employees, the program provides reimbursement for:
• Fitness: Gym memberships, personal training, home exercise equipment, fitness apps.
• Health: Nutritional counseling, wellness coaching, weight management, smoking
cessation programs.
• Mental Health: Therapy, counseling, mental health apps.
• Preventive Health: Vaccinations, health screenings, wellness educational materials.
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,Classification and Compensation Plan
• Medications and Treatments: Non -insurance covered medications and treatments,
including over-the-counter drugs or prescribed therapies.
Exclusions include non -wellness expenses, costs covered by other benefits, and unrelated
personal items.
300.6 LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
The Town contracts for a term life insurance policy and pays the full premium for eligible
employees. The benefit amount is equal to the employee's annual salary or up to $150,000,
with the exception of the City Manager's which is set by contract. This may be a taxable
benefit to the employee.
The Town also contracts for an accidental death and dismemberment insurance policy and
pays the full premium for eligible employees. The benefit amount varies based on each
specific condition and is set by the policy document.
300.7 LONG TERM DISABILITY INSURANCE
The Town contracts for a long term disability insurance policy and pays the full premium
for eligible employees.
Employees are insured against long-term disability through third -party insurance which
provides sixty percent (60%) of an employee's monthly earnings to a maximum benefit of
$5,000 per month, in the event of a disability which occurs outside of the work place.
Workers Compensation insurance provides coverage for on-the-job injuries. Coverage
begins ninety (90) days following a disabling event and continues to an end date
determined by the employee's age.
300.8 WORKERS' COMPENSATION
300.8.1 General Description
Through worker's compensation, employees are insured against losses due to
job-related illness or injury. Under this program, medical expenses are paid and,
while disabled, employees are eligible for weekly compensation based on their
salary.
300.8.2 Eligibility
Regular, full-time employees and part-time employees and temporary
employees are eligible for this benefit. Retired employees are not eligible for this
benefit.
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,Classification and Compensation Plan
300.8.3 Benefit
When an employee suffers a workers' compensation injury, the employee is
eligible for receipt of two-thirds (2/3) of their salary or the amount statutorily
assigned by the State of California,- whichever is lower, as well as authorized
health care costs, through the workers compensation claim. Employees on
workers' compensation leave may use accrued sick leave to supplement any
monetary difference between their normal rate of pay and workers
compensation's temporary disability benefits.
300.8.4 Method of Administration
Workers compensation claims are administered for the Town by a third party
administrator. All on-the-job injuries must be reported to the Finance
Department immediately. When an employee makes a workers' compensation
claim, the claim must be submitted to the Town on the appropriate claim form,
and must be accompanied with verification of the injury by a physician as well
as the recommendation that the employee be absent from work for a certain
length of time to allow recovery from the injury. The third party administrator
makes the determination as to whether a claim is eligible for payment and which
medical bills are eligible for reimbursement.
300.9 EMPLOYEE ASSISTANCE PROGRAM
300.9.1 General Description
The Employee Assistance Program is a confidential referral service for help in
dealing with many kinds of personal problems that an employee may have. This
program is an effective manner to deal with employee issues that, while
affecting employee performance, are beyond the scope of management's
control. The services provided include counseling, crisis intervention, training
and consultation.
300.9.2 Eligibility
Regular, full time employees and part time employees who regularly work
twenty (20) hours per week or more are eligible for this benefit. Part time
employees who work less than twenty (20) hours per week and temporary and
retired employees are not eligible for this benefit.
300.9.3 Benefit
The Town provides an Employee Assistance Program through Magellan
Behavioral Health, Inc. (Magellan). The program offers assessment, counseling,
24-hour crisis intervention, child/elder care services, legal and financial
resources, management consultation, supervisor training and employee
workshops.
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Town of Los Altos Hills
Classification and Compensation Plan
300.9.4 Method of Administration
The cost of the Employee Assistance Plan is paid by the Town. Employees may
confidentially use the services of Magellan without prior approval of a Town
supervisor or City Manager.
300.10 UNIFORMS AND SAFETY GEAR
Town employees who work in the field may be provided uniforms and safety gear
necessary to protect the employee's well-being and establish a consistent Town image.
The Town's annual budget includes a line item for this benefit and purchases must be
authorized by the employee's department head, under the general guidance of the City
Manager. Uniforms and safety gear are replaced as deemed necessary by the department
head.
The Town will provide a reimbursement of up to $250 (City Hall staff) or $350
(Maintenance Crews) annually for the purchase of safety shoes. Employees may
purchase these safety shoes at the vendor of their choosing and submit receipts to the
Finance Department for reimbursement.
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Town of Los Altos Hills
Classification and Compensation Plan
SECTION 400
OTHER BENEFITS
400.1 DEFERRED COMPENSATION
400.1.1 General Description
Town employees are eligible to participate in approved deferred compensation
plans through payroll deductions. These deductions are forwarded to the
appropriate institution by the Town at the time that each payroll is issued.
400.1.2 Eligibility
Regular, full-time employees and part-time employees who regularly work
twenty (20) hours per week or more are eligible for this benefit. Part-time
employees who work less than twenty (20) hours per week and temporary and
retired employees are not eligible for this benefit.
400.1.3 Benefit
The companythat is approved bythe Town to administer this benefit is the ICMA
Retirement Trust Corporation. Deferred compensation is self-funded with no
contribution from the Town unless otherwise stipulated by contract. Employees
who elect to participate have an amount deducted from each paycheck
deposited directly into their deferred compensation account. The amount of the
maximum annual contribution is determined by Federal and State regulations.
400.1.4 Method of Administration
Deferred compensation transactions are handled as payroll deductions.
Deductions from an employee's gross pay are deposited in the appropriate
account and are itemized on the employee's check stub. Taxable income at year
end is based on an employee's post -deduction gross pay. Federal and State
income taxes are not calculated or withheld on amounts deposited in employee
deferred compensation accounts, as they are deferred until withdrawals from
the accounts begin (usually upon retirement).
401(a) Plan -Defined Contribution
The Town will contribute up to 4% of the employee's annual salary with a cap of
the PEPRA salary maximum and based on the employee enrolled in the 457 Plan
(flexible deferred compensation plan).
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Classification and Compensation Plan
400.2 CREDIT UNION
All Town employees are eligible to become members of the Santa Clara County Employee's
Credit Union. The advantages of the programs offered to member employees are typical of
credit union membership, at no cost to the Town.
400.3 AUTOMOBILE ALLOWANCE
400.3.1 General Description
The automobile allowance provides reimbursement for the maintenance and
use of a management employee's personal vehicle for Town business. This
benefit is in lieu of a Town provided vehicle.
400.3.2 Eligibility
All management employees as defined by Section 5.2 are eligible for this
benefit.
400.3.3 Benefit
Management employees will receive a monthly allowance of two hundred fifty
dollars and zero cents ($250.00) per calendar month as compensation for the
use of their personal vehicle while conducting Town business. The City
Manager's automobile allowance is set by contract.
400.3.4 Method of Administration
This benefit is paid each pay period worked during the calendar year at the
rate of two hundred fifty dollars and zero cents ($250.00) per calendar month.
400.4 PARKS & RECREATION PROGRAM REGISTRATION FEES
The Town's non-resident surcharge for parks and recreation programs shall be waived for
employees and their dependents. If the program reaches capacity, a non-resident
employee or dependent will be required to pay the non-resident surcharge.
400.5 TUITION REIMBURSEMENT FOR DEGREE PROGRAMS
Full-time, permanent employees are eligible for tuition reimbursement for courses taken toward
undergraduate and graduate degree programs, provided the courses are relevant to their job or
career development within the Town. Employees must obtain written approval from both the City
Manager and Department Head before enrolling in any degree program. This approval must be
requested using the Tuition Reimbursement Request Form, which should include a course
description and estimated costs.
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The maximum reimbursement per unit is capped at the per-unit tuition rate at California State
University, as detailed at CSU Tuition and Fees. Only tuition is covered under this policy; other
expenses related to the program, such as textbooks, materials, and fees, are not covered.
Reimbursement is processed after course completion and upon satisfactory completion with a
grade of "B" higher, or a GPA of 3.00 or higher. Employees must submit itemized receipts and
official transcripts showing final grades. Claims are processed within 30 days of receiving all
required documentation.
Employees who receive tuition reimbursement are required to remain employed with the Town
throughout the duration of their degree program and for a minimum of one year following the
completion of their degree. If an employee voluntarily leaves the Town before fulfilling this
commitment, they may be required to repay a prorated portion of the reimbursement received.
Any exceptions to this policy will be considered on a case-by-case basis and require additional
approval, provided that the total reimbursement does not exceed the maximum amount
stipulated by this policy.
400.6 EDUCATION REIMBURSEMENT
Full-time, permanent employees are eligible for reimbursement of costs related to various
educational activities, including online courses, professional certifications, workshops, and other
non -degree programs, provided they are relevant to their job or career development within the
Town. Employees must obtain written approval from both the City Manager and Department
Head.
The total reimbursement for educational expenses, including required materials such as
textbooks, workbooks, online course access fees, software, and hardware necessary for course
completion, is capped at $1,500 per fiscal year. This cap applies to the aggregate of all eligible
expenses, including courses, certifications, and materials. Reimbursement is not available for
optional or non -required materials.
To receive reimbursement, employees must submit receipts and proof of payment for all
educational expenses. Claims are processed within 30 days of receiving all required
documentation. Non -reimbursable expenses include optional materials or services not directly
required for course completion.
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SECTION 500
RETIREMENT
500.1 PENSION —TIER I
500.1.1 General Description
The Town's retirement program provides employees with benefits through their
retirement years in an amount which is based upon years of service, age of
employee at the beginning of their retirement and the three highest years'
compensation during their tenure.
500.1.2 Eligibility
All regular, full-time and part-time employees who work twenty (20) hours per
week or more hired prior to August 31, 2011 are members of the California
Public Employees Retirement System (CaIPERS) and included in Tier
I. In order to be eligible any such employee must meet all applicable CalPERS
eligibility rules.
500.1.3 Benefit
The Town contributes an employer share of retirement contribution based on
the gross salary for each eligible employee. The employee's share is equal to 7%
of their yearly gross salary and is deducted from the employee's earnings on a
pre-tax basis for this retirement benefit. Employees of the Town eligible for this
benefit do not pay into the Social Security system.
The Town's contract with CalPERS provides service retirement benefits under
the "2% at 55" formula. The formula uses a multiplier of x %, times the number
of years of service, to determine retirement benefits at a given age. For example,
under the 2% at 55 formula, a retiree with 10 years of service retiring at age 55
would receive an annual retirement benefit of 20% of their final (adjusted)
annual salary. The earliest retirement date is age 50, with at least 5 years of
service. The table below shows the "benefit factor", or multiplier for the 2% at
55 plan.
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500.1.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each
payroll cycle. CAPERS keeps detailed records of each employees account and
sends annual statements to all employees at the end of the fiscal year. Once an
employee retires, CalPERS administers the retirement benefit to the former
employee. CalPERS offers many retirement planning workshops throughout the
year to assist employees with retirement planning decisions. Details regarding
the accrual and disbursement of retirement benefits can be discussed directly
with a CaIPERS representative.
500.2 PENSION —TIER II
500.2.1 General Description
The Town's retirement program provides employees with benefits through their
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2% @ 55
Retirement
Age
Percent
Per
Year
X
50
1.426
51
1.522
52
1.628
2% @ 55
Retirement
Age
Percent
Per
Year
53
1.742
54
1.866
55
_=
2000ME
56
2.052
57
2.104
58
2.156
59
2.210
60
2.262
61
2.314
62
2.366
63 and over
2.418
500.1.4 Method of Administration
The Finance Department makes the appropriate payment to CalPERS with each
payroll cycle. CAPERS keeps detailed records of each employees account and
sends annual statements to all employees at the end of the fiscal year. Once an
employee retires, CalPERS administers the retirement benefit to the former
employee. CalPERS offers many retirement planning workshops throughout the
year to assist employees with retirement planning decisions. Details regarding
the accrual and disbursement of retirement benefits can be discussed directly
with a CaIPERS representative.
500.2 PENSION —TIER II
500.2.1 General Description
The Town's retirement program provides employees with benefits through their
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retirement years in an amount which is based upon years of service, age of
employee at the beginning of their retirement and the three highest years'
compensation during their tenure.
500.2.2 Eligibility
All regular, full-time and part-time employees who work twenty (20) hours per
week or more hired after August 31, 2011 are members of the California Public
Employees Retirement System (CaIPERS) and included in Tier II. In order to be
eligible any such employee must meet all applicable CAPERS eligibility rules.
500.2.3 Benefit
The Town contributes an employer share of retirement contribution based on
the gross salary for each eligible employee. The employee's share is equal to 7%
of their yearly gross salary and is deducted from the employee's earnings on a
pre-tax basis for this retirement benefit. Employees of the Town eligible for this
benefit do not pay into the Social Security system.
The Town's contract with CalPERS provides service retirement benefits under
the "2% at 60" formula. The formula uses a multiplier of x %, times the number
of years of service, to determine retirement benefits at a given age. For example,
under the 2% at 60 formula, a retiree with 10 years of service retiring at age 60
would receive an annual retirement benefit of 20% of their final (adjusted)
annual salary. The earliest retirement date is age 50, with at least 5 years of
service. The table below shows the "benefit factor", or multiplier for the 2% at
60 plan.
126
2% @ 60
Retirement
Age
Percent
Per
Year
X
50
1.092
51
1.156
52
1.224
53
1.296
54
1.376
55
1.460
56
1.552
57
1.650
58
1.758
59
1.874
126
60
2:OQ0
61
2.134
62
2.272
63 and over
2.418
500.2.4 Method of Administration
The Finance Department makes the appropriate payment to CaIPERS with each
payroll cycle. CaIPERS keeps detailed records of each employee's account and
sends annual statements to all employees at the end of the fiscal year. Once an
employee retires, CaIPERS administers the retirement benefit to the former
employee. CaIPERS offers many retirement planning workshops throughout the
year to assist employees with retirement planning decisions. Details regarding
the accrual and disbursement of retirement benefits can be discussed directly
with a CaIPERS representative.
500.3 PENSION —TIER III
500.3.1 General Description
The Town's retirement program provides employees with benefits through their
retirement years in an amount which is based upon years of service, age of
employee at the beginning of their retirement and the three highest years'
compensation during their tenure.
500.3.2 Eligibility
All regular, full-time and part-time employees who work twenty (20) hours per
week or more joined California Public Employees Retirement System (CaIPERS)
prior to January 1, 2013 who, on or after January 1, 2013 is hired by a different
CALPERS employer following a break in service of more than six months; or a
new hire who joined on or after January 1, 2013 and who has no prior
membership in another California public retirement system; or a new hire who
joins CaIPERS for the first time on or after January 1, 2013, and who was a
member of another California public retirement system prior to that date, but
who is not subject to reciprocity upon joining CalPERS. In order to be eligible any
such employee must meet all applicable CaIPERS eligibility rules.
500.3.3 Benefit
The Town contributes an employer share of retirement contribution based on
the gross salary for each eligible employee. The employee's contribution rate
will be at least fifty (50) percent of the total normal cost rate of their defined
benefit plan of their yearly gross salary and is deducted from the employee's
earnings on a pre-tax basis for this retirement benefit. Employees of the Town
eligible for this benefit do not pay into the Social Security system
127
The Town's contract with CalPERS provides service retirement benefits under
the "2% at 62" formula. The formula uses a multiplier of x %, times the number
of years of service, to determine retirement benefits at a given age. For example,
under the 2% at 62 formula, a retiree with 10 years of service retiring at age 62
would receive an annual retirement benefit of 20% of their final (adjusted)
annual salary. The earliest retirement date is age 52, with at least 5 years of
service. The table below shows the "benefit factor", or multiplier for the 2% at
62 plan.
500.4 RETIREE MEDICAL REIMBURSEMENT
500.4.1 Town Retirees and Employees Receiving Town Medical Benefits as of
October 11, 2007
Employees of the Town who were employed by the Town and receiving Town
medical benefits as of October 11, 2007 are eligible for this benefit upon
retirement from the Town. Additionally, retirees of the Town as of October 11,
2007 are eligible for this benefit. These eligible retirees shall receive
contributions through their retirement years towards medical benefits in an
128
2% @ 62
Retirement
Age
Percent
Per
Year
X
50
0.842
51
0.917
52
1.000
53
1.100
54
1.200
55-
56
1.400
57
1.500
58
1.600
59
1.700
60
1.800
61
1.900
62
2 QOp
63
2.100
64
2.200
65
2.300
66
2.400
67 or older
2.500
500.4 RETIREE MEDICAL REIMBURSEMENT
500.4.1 Town Retirees and Employees Receiving Town Medical Benefits as of
October 11, 2007
Employees of the Town who were employed by the Town and receiving Town
medical benefits as of October 11, 2007 are eligible for this benefit upon
retirement from the Town. Additionally, retirees of the Town as of October 11,
2007 are eligible for this benefit. These eligible retirees shall receive
contributions through their retirement years towards medical benefits in an
128
amount that is equal to what active employees receive in the cafeteria plan. An
individual must also qualify as a CalPERS annuitant in order to receive this
benefit. Anyone who was not a Town retiree or employed by the Town and
receiving Town medical benefits as of October 11, 2007, will not receive this
benefit.
500.4.2 Retirees That Were Not Employed by the Town and Receiving Town Medical
Benefits Before October 12, 2007.
Any Town employee hired or first receiving medical benefits on or after October
12, 2007 shall only be eligible to potentially receive a retiree medical
contribution equal to the PEMHCA minimum health contribution amount
described in Section
3.2. Retirees will be required to qualify as CalPERS annuitants and meet all
statutory and legal requirements necessary to receive such a benefit.
1. Retiree Health for the Tier 2 employees hired after October 11, 2007, until the age 65 years
of age with the following qualifiers:
Employee must work with the Town for at least 5 years and must retire from the
Town. The benefit will be effective at age 60 at Kaiser Employee only subscriber
rate. The vesting schedule (see below) would be implemented based on CAPERS
service and would determine the Town's contribution towards the retiree's
health premium.
10 years
50%
11-12 years
60%
13-14 years
70%
15-17 years
85%
18-20 years
90%
20 + years
100%
500.4.3 Method of Reimbursement
The Town shall reimburse retirees the amount deducted from their monthly
pension provided by CalPERS up to the maximum retiree medical contribution
they are entitled to receive pursuant to this section.
500.4.4 Method of Administration
The Town will issue reimbursements to eligible retirees in the month of January
and July - following January 1 and July 1 of each year an estimated six month
premium deduction from the retiree's pension. If the estimate is less than the
actual deduction, the Town will reimburse the retiree the difference upon
receipt
129
5438994.1
of written request for reimbursement from the retiree. If the estimate is more
than the actual deduction, the Town will deduct the overpayment from the next
scheduled reimbursement. All correspondence from the retiree to the Town
shall be addressed:
City Manager
Town of Los Altos Hills 26379 Fremont Road
Los Altos Hills, CA 94022
MrSTOISTIM
End of Employee Handbook
130