HomeMy WebLinkAbout24-98RESOLUTION No. 24-98
• 0
A RESOLUTION OF
THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS ADOPTING A REVISED
PERSONNEL POLICY MANUAL
WHEREAS, the City Council has held the revision of the Town's personnel
policy manual as a high priority; and
WHEREAS, the City Manager has overseen .the completion of a new
personnel policy manual, incorporating both ' procedural and legal changes of
recent years;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills
does hereby approve and adopt the Personnel Policy Manual, presented as
Appendix "A" and attached hereto, as the personnel rules and regulations
governing the employees of the Town of Los Altos Hills.
REGULARLY PASSED AND ADOPTED this 15th day of April, 1998.
By: �
Mayor
City Clerk
LOS.,UTOS HILLS
47001-0 14
CALIFORNIA
PERSONNEL
POLICY
MANUAL
Approved 4/15/98
Benefits Approved 6/17/98
TABLE OF CONTENTS
PERSONNEL POLICY MANUAL
Section 1
GeneralProvisions................................................................................................... 1
Section 2
Definitionof Terms................................................................................................ 2-5
Section 3
Classification
Section 4
Selection and Appointment Process ................................................... 7-10
Section 5
EmploymentStatus...................................................................................................... 11-12
Section 6
Attendance and Leaves of Absence ...................................................... 13-22
Section 7
Compensation and Payroll Practices ................................................ 23-27
Section 8
PerformanceEvaluations................................................................................. 28
Section 9
Transfer, Resignation, Layoff, Reinstatement, Reemployment
................_......._..................._._......................................................._......................................... 29-30
Section 10
DisciplinaryAction .... .......... _....... ............... ..._....... ...... ......... ...... ...... ............ _._.. 31-34
Section 11
Appeals Hearing and Grievance Procedures ........................... 35-38
Section 12
Recordsand Reports................................................................................................ 39
Section 13
ManagementRights...................................................................................................... 40
Section 14
Miscellaneous Policies
41-47
RESOLUTION No. 24-98
A RESOLUTION OF
THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS ADOPTING A REVISED
PERSONNEL POLICY MANUAL
WHEREAS, the City Council has held the revision of the Town's personnel
policy manual as a high priority; and
WHEREAS, the City Manager has overseen the completion of a new
personnel policy manual, incorporating both procedural and legal changes of
recent years;
NOW, THEREFORE, the City Council of the Town of Los Altos Hills
does hereby approve and adopt the Personnel Policy Manual, presented as
Appendix "A" and attached hereto, as the personnel rules and regulations
governing the employees of the Town of Los Altos Hills.
REGULARLY PASSED AND ADOPTED this 15th day of April , 1998.
By: .
Mayor
EST:
0
1.1 COVERAGE
SECTION 1
GENERAL PROVISIONS
C�
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
Management employees (listed in Section 5.2).
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. 24-98 , adopted
April 15,1998 by the City Council of the Town of Los Altos Hills.
1.3 AMENDMENT OF RULES
Recommendation for amendment and revisions of these rules and regulations may be made by
the City Manager and shall become effective upon adoption by the Town 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
As provided in Chapter 10, Section 3500 to 3508 of the Government Code, the City Manager
shall designate the employees by job title which have been determined to be management
employees. These employees may not represent employees in any employee groups on matters
within the scope of representation and may only join and be represented by employee
organizations whose membership is restricted to management and personnel in the same position
class. All other employees of the Town shall have the right to form, join and participate in the
activities of employee organizations 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 individually in their employment relations with the Town.
-1-
7/1/98
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 probationary 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 he or she occupies.
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 permanent 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 employees.
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 "Elective Official": City Council members.
2.11 "Eligible": A person w :ose name is on an employment list which has been approved by the City
Manager.
-2-
7/1/98
•
_ 2.12 "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.
2.13 "Employ: Any person hired to work for the Town at a regular salary in a position subject to
direct supervision and control by or in 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.
2.14 "Examination":
2.14.1 Open examination: Open to all persons meeting the minimum qualifications established
by the City Manager.
2.14.2 Promotional examination: Limited to regular and probationary employees in the
competitive service who meet the minimum qualifications established by the City
Manager.
2.15 "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.
2.16 "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.
2.17 "Hourly Employee": An employee whose compensation is based on an hourly rate per the
Town's Compensation Plan.
2.18 "Non -Exempt Employee": A non-exempt employee shall be defined, for compensation purposes,
as an employee who is not exempt from overtime compensation pursuant to the federal Fair
Labor Standards Act.
2.19 "Management Employee": An employee who holds a position designated as "management";
these employees serve at the will of the City Council and/or City Manager and are defined in
Section 5.2 of this manual.
2.20 "Overtime Work": Work which is required and authorized in excess of the basic work week for
the department and classification involved.
2.21 "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.
-3-
7/1/98
2.22 "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 Resolution.
2.23 "Personnel Officer": The City Manager or his/her designated representative.
2.24 "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.
2.25 "Probationary Period": A working test period during which an employee is required to
demonstrate her or his fitness for the duties to which she or he is appointed by actual
performance of the duties of the position.
2.26 "Promotion": The movement of an employee from one position to another which is allocated to
a classification with a higher maximum rate of pay.
2.27 "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.
2.28 "Regular Employee": An employee who has successfully completed his probationary period and
has been retained with regular status as hereafter provided in these Rules.
2.29 "Reinstatement": The re-employment without examination of a former employee.
2.30 "Rejection": The separation of an employee from the service during his probationary period.
2.31 "Salm Step Advancement": A salary increase of one or more steps within the limits of the pay
range established for a classification.
2.32 "Salary Step Reduction": A salary decrease within the limits of the pay range established for a
classification.
2.33 "Spouse": An individual bound by marriage recognized by the State of California
2.34 "Suspension": The temporary separation from the service of an employee without pay for
disciplinary purposes.
2.35 "Temporary Appointment": An appointment to a position of limited duration of a person who
possesses the minimum qualifications established for a particular class.
2.36 "Temporary Position": '.A full-time or part-time position of limited duration.
2.37 "Termination": The separation of an employee from the Town service because of retirement,
resignation, layoff, death or dismissal.
-4-
7/1/98
• 0
2.38 "Town": The Town of Los Altos Hills.
2.39 "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.
2.40 "Work -Week": The standard work -week for full-time employees of the Town shall be 40 hours.
For purposes of payroll, the work week begins on Sunday (midnight) and ends on the
consecutive Sunday (midnight).
-5-
7/1 /98
SECTION 3
CLASSIFICATION PLAN
3.1 PREPARATION AND MAINTENANCE OF CLASSIFICATION 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/position 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 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 has been amended to provide therefor.
3.4 RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate reclassification, shall
be allocated 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.
-6-
7/1/98
E
SECTION 4
THE SELECTION AND APPOINTMENT PROCESS
4.1 APPLICATION PROCESS
All openings shall be publicized by placing an appropriate classified advertisement regarding the
position in one or more regional newspapers of general circulation; by posting announcements on
official bulletin boards; 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; a reasonable
accommodation statement; the method of applying; the closing date for the application, if one is
established; and such other information as seems desirable by the City Manager.
4.2 APPLICATION FORMS
Job applications shall be made on forms provided by the City Manager. All applications must be
completed in full and signed by the person applying.
4.3 DISQUALIFICATION OF APPLICATIONS
The City Manager may reject an application, or after examination, may 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 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, including, but not limited to, impairment caused by
current abuse of alcohol or drugs;
4. Has been convicted of a crime (including no contest pleas), either a misdemeanor
involving moral turpitude or a felony;
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;
7. Failed to submit the employment application correctly or within the prescribed time
limits;
8. Has had his/her 'vrivilege 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 would render the
applicant unfit for the position.
-7-
7/1/98
0 •
4.4 NOTICE OF REJECTION OF APPLICATION
Defective applications may be returned 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 his/her 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.
The particular selection process shall be established for each position by the City Manager.
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
tests.
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 he/she 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 his/her 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, his/her salary shall be that approved by the City Manager,
except that the salary shall be at a step in the range which is at least equal to or higher in salary
than the employee's present salary.
4.8 CONDUCT OF SELECTION PROCESS
The City. Manager may prepare and administer or contract with any competent agency or
individual for the administration of any part of the selection process, as he/she deems most
appropriate.
-8-
7/1/98
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 by mail 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 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.
4.12 ELIGIBLE LIST DURATION
Eligible lists shall remain in effect for 12 months, unless the City Manager abolishes the list, 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 he/she determines 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 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 Ci.iy Manager shall decide in what manner the vacancy is to be filled.
-9-
7/1/98
4.1 S 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, 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, of a person meeting the minimum training and experience qualifications for the
position. An employment list shall be established within six (6) months for any permanent
position filled by provisional appointment. The City Manager may extend the period for any
provisional appointment for not more than ninety (90) days by any one action.
3 No special credit shall be allowed in meeting any qualifications or in the giving of any test or the
establishment of any open, competitive promotional lists, for service rendered under a
provisional appointment.
-10-
7/1/98
0 •
SECTION 5
EMPLOYMENT STATUS
5.1 PROBATIONARY EMPLOYMENT
All original and promotional appointments shall be tentative. Original appointments are subject
to a probationary period of one (1) year of actual and continuous service from the date of
appointment.
5.1.1 Probation Objective
The probationary 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 Reiection During Probation
An employee may be rejected at any time during the probationary period without cause
and without the right of appeal or grievance.
5.1.3 Probation After Promotion
On accepting a promotion, an employee serves a new probationary 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 probationary period. If
the employee fails to satisfactorily complete the probationary period in the promotional
position, the employee shall be entitled to return to the position held prior to promotion at
the range and step held prior to promotion. The employee is not entitled _to notice, a
hearing, a right of appeal, or grievance if rejected during probation.
Performance Reports shall be prepared for every employee during his/her probationary period
pursuant to these Rules. The Performance Report for the probation periodfor any employee shall
be prepared in time to be forwarded by the Department Head to the City Manager to be received
at least fifteen (15) days prior to the last day of the probationary 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 probationary period or recommended for
approval as a regular employee commencing at the end of the probationary period.
-11-
7/ 1 /98
5.2 MANAGEMENT EMPLOYEES
Employees in the following positions are considered management employees. These positions
are held at the will of the City Council and/or City Manager. Benefits and rights afforded to
management employees may differ from non -management employees pursuant to these
Personnel Rules and Regulations.
• City Manager
• City Engineer
• Public Works Director
• Planning Director
• Public Works Manager
• Finance Director/City Treasurer
5.3 REGULAR EMPLOYMENT
Regular Full -Time Employment: Employees who successfully complete their probationary
period and who regularly work a minimum of 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 probationary period shall become part-
time regular employees and shall be entitled to regular status equal to the hours worked when
compared to 40 hours per week. Benefits provided for part-time employment shall be pro -rated
based upon the comparison of hours worked to 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 180 days, or for completion of a specific task -or project.
The period of temporary appointment may be extended by the Town for up to an additional 180
days, but the temporary employee may not work more than 1000 hours in a fiscal year.
Temporary employees may be removed at any time without cause, notice or any right of appeal.
Temporary employees are not eligible for 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 neesed for the duration of the emergency without regard to these rules and
regulations affecting appointments.
-12-
7/1/98
E
SECTION 6
ATTENDANCE AND LEAVES OF ABSENCE
6.1 REQUIREMENTS OF ATTENDANCE
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.
Any unauthorized absence 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.
Except in extraordinary circumstances, an employee who is unable to report for work at the
beginning of his or her workday or shift as established by the Department Head, shall notify his
immediate supervisor or the City Manager before commencement of such shift.
6.2 SICK LEAVE
Sick leave is defined as absence because of illness, injury, exposure to contagious disease, care
of 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.
Immediate family shall mean and include the following persons and no others:
(1) A husband or wife of the employee.
(2) A child, step -child or adopted child of the employee.
(3) A father or father-in-law or a mother or mother-in-law of the employee.
The accrual and use of sick leave shall be governed by the following provisions:
(1) Employees shall accrue sick leave at the rate of eight (8) hours for each full month of
service.
(2) Sick leave shall not be considered as a privilege which an employee may use at his
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. If the Town suspects
an employee of abusing sick leave, the Town reserves the right to - in addition to taking
disciplinary measures - request that the employee provide the Town with a doctor's
verification of illness and estimated time for recovery.
-13-
7/1/98
•
•
(;) In order to be entitled to sick leave, an employee who is unable to report for work shall so
notify his or her supervisor prior to commencement of his or her 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 he or she expects to return to work.
6.3 HOLIDAYS
Each employee of the Town shall be entitled to the following holidays with pay:
• New Year's Day
January 1
• Martin Luther King Day
Third Monday in January
• Presidents' Day
Third Monday in February
• Memorial Day
Last Monday in May
• Independence Day
July 4
• Labor Day
First Monday in September
• Columbus Day
Second Monday in October
• Veterans' Day
November 11
• Thanksgiving Day
Fourth Thursday in November
• Day after Thanksgiving
Fourth Friday in November
• Christmas Eve Day
December 24
• Christmas Day
December 25
If any holiday falls upon a Sunday, the Monday following shall be treated as the holiday. If the
holiday falls upon a Saturday, the Friday preceding shall be treated as the holiday. If the holiday
falls on an employee's regularly scheduled time off, compensatory time shall be granted. If a
non-exempt employee is required to work on a holiday, the employee will be compensated at the
hourly or overtime rate as applicable, in addition to payment for 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.
6.4 VACATION _
The purpose of annual vacation leave is to enable each eligible employee annually to return to his
work mentally and physically refreshed. All regular employees shall be entitled to annual leave
with pay. 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 �-arned at the rate of eight (8) hours for each month of service, or twelve
(12) working days per year. Employees are eligible to take vacation after 6 months of service,
unless otherwise authorized by the City Manager. Commencing with the fifth year anniversary,
-14-
7/1/98
including probationary period, an employee shall earn fifteen (15) working days of vacation, and
each year thereafter shall be credited as follows:
Years of Service Days of Vacation
1 through 5 12
6 through 10 15
11 + 20
All vacation leave must be pre -approved by the Department Head. 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 days in excess of 240 hours. When
the employee reaches the maximum accrual, he or she shall cease earning vacation until the
vacation leave balance falls below 240 hours. No pay -out of accrued vacation leave will be made
except as part of an employee's final termination.
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 COMPENSATORY TIME OFF
Compensatory leave may be earned pursuant to Section 7.4, when overtime hours worked are
compensated with hours, accrued at a rate of time and one-half, to be taken as leave at a later
date. Compensatory hours are accrued and may be used in lieu of other types of leave, following
the provisions and requirements of vacation leave. The value of compensatory leave earned in
excess of 150 hours will be paid to employees each year on June 30.
6.6 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 be paid the difference
between their full salary and any payment received, except travel pay, for such 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 his official capacity as an employee shall be permitted to use accrued vacation or
compensatory leave for this purpose.
-15-
7/1/98
6.7 BEREAVEMENT LEAVE
Employees shall be allowed paid time off in the event of a death in the immediate family. Up to
three (3) days of such leave shall be allowed for the death of each member of the immediate
family. Immediate family is defined as parent, spouse, child, dependent, sibling, and grandparent
by blood or marriage. The employee may request, and the City Manager may approve in his or
her absolute discretion, bereavement leave in the event of the death of other individuals or an
extended period of bereavement leave.
6.8 MILITARY LEAVE
Military leave shall be granted by the City Manager in accordance with the provisions of State
and Federal laws. An employee requesting leave for this purpose shall provide the City Manager
with a copy of the military orders specifying the days, site and purpose of the activity or mission.
An employee taking 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 the request for leave. To
the extent allowable by law, there shall be a deduction from accrued leave balances for any
military compensation that the employee receives for service during the period that he is on
approved military leave.
6.9 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 Workmen's 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.
6.10 ADMINISTRATIVE LEAVE
The City Manager may grant, as authorized by the City Council, leave to exempt personnel who
are not eligible for overtime pay. Such leave shall not be deducted from vacation credits.
Administrative leave is accrued on the basis of the calendar year, with no carry-over provision to
the succeeding calendar year. Nor shall the value of such administrative leave be paid to the
employee upon termination. This benefit is prorated to that portion of the year in which each
eligible manager is en.-aloyed by the Town. Use of administrative leave is allowed at the
discretion of the City Manager.
-16-
7/1/98
6.11 FAMILY AND MEDICAL LEAVE POLICY
6.11.1. Statement of Policy
In accordance with the Family and Medical Leave Act, effective August 5, 1993 and the Moore—
Brown—Roberti Family Rights Act effective October 5, 1993 and this policy, the Town of Los
Altos Hills will grant job -protected unpaid family and medical leave to eligible employees for up
to 12 work weeks per 12—month period for any one or more of the following reasons:
A. The birth of a child and in order to care for such child or the placement of a child
with the employee for adoption or foster care (leave for this reason must be taken within
the 12—month period following the child's birth or placement with the employee); or
B. In order to care for an immediate family member, (as defined in Section 6.2 of
these Rules and Regulations) of the employee, if such immediate family member has a
serious health condition; or
C. The employee's own serious health condition that makes the employee unable to
perform the functions of his/her position.
6.11.2. 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.
B. "12 -Month Period" - means a rolling 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
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; or
4. Prenatal care by a health care provider.
D. "Spouse" - does not include unmarried domestic partners. If both spouses work
for the Town their total leave in any 12 -month period may be limited to an aggregate of
12 weeks if the leave is taken for either the birth or placement for adoption or foster care
-17-
7/1/98
of a child or to care for a sick parent. This limitation does not apply to leave taken by
either spouse to care for the other who is seriously ill and unable to work, to care for a
child with a serious health condition, or for his/her own serious health condition.
E. "Continuing 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.
6.11.3. Coverage and Eligibility
To be eligible for family/medical leave an employee must:
1. Have worked for the Town of Los Altos Hills for at least 12 months; and
2. Have worked at least 1250 hours for the Town during the_ 12 month period
immediately preceding the commencement of the leave.
6.11.4. 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."
L "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.
C. For regular part—time employees, the family and medical leave entitlement is
calculated on a pro rata basis. A weekly average of the hours worked over the 12 weeks
-ls-
7/1/98
prior to the beginning of the leave will be used for calculating the employee's normal
workweek.
6.11.5. Substitution for Paid Leave Time
A. If an employee requests leave for any reason permitted under this policy, he/she
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 his/her own serious health condition, in addition
to exhausting accrued leave, the employee must also exhaust accrued sick leave.
6.11.6. 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. In addition, if an employee knows that he/she 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 his/her 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.
6.11.7. Medical Certification
A. For leaves taken because of the employee's or a covered family member'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. Medical certification must be provided by the employee within 14 days
afterleave 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 or family member's medical condition
will be held in confidence and maintained in the employee's medical records file
separate from the regular personnel file.
-19-
7/1/98
19-
7/1/98
0 0
6.11.8. 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.
B. If employee contributions are required for continued coverage under their health
insurance plans, the employee may make payment 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.
C. If an employee's contribution is more than 30 days late, the Town may terminate
the employee's insurance coverage.
D. 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.
E. If the employee fails to return from unpaid family/medical 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 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.
F. An employee is not entitled to seniority or benefit accrual during periods of
unpaid leave but will not lose unused 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.
6.11.9. Job Protection
A. If the employee returns to work before or at the end of 12 weeks following a
family/medical leave, he/she will be reinstated to his/her 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 thz employee would have been terminated but for the leave, the employee
would not have the right to be reinstated upon return from leave.
-20-
7/1/98
0
C
C. If the employee fails to return at the end of a family/medical leave, the employee
will be reinstated to his/her same or similar position only if the position is available, in
accordance with applicable laws, Personnel Rules and MOUs. If the employee's same or
similar position is not available, the employee may be terminated.
6.11.10. 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. Form For Certification of Physician or Practitioner (available from doctor)
3. Fitness for Duty to Return From Leave (available from doctor)
6.12 PREGNANCY DISABILITY LEAVE
A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months
so long as the employee's attending physician certifies that she is physically unable to work due
to pregnancy or a pregnancy -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. Insurance premiums will be paid by the Town to the extent that they were -paid when the
employee was at work only while she is using accrued leave time. She will be responsible to pay
for her own insurance premiums while she is on unpaid leave. Information regarding such
payments will be available in the Finance Department.
Upon expiration of the approved leave, the employee shall be reinstated to her former position or
to an available comparable one if the former position is abolished during the period of leave and
the employee would otherwise have been laid off. The comparable position is one having similar
terms of pay, location, job content and promotional opportunities.. 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.
Failure to return to work after the authorized four month leave period, causes the employee to
have no reinstatement rights.
6.13 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 his or her 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 gr? -ted for a period not to exceed one year.
-21-
7/1/98
�Y
• 0
Failure of the employee to return to his or her 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 Town 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 his or her 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.
6.14 SUPERVISORY DISCRETION
Department Heads shall have the discretion to place employees on sick leave when in the
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.
6.15 EXHAUSTION OF LEAVES
When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is
not medically able to reassume the duties of his or her position, the employee shall be placed on
a re-employment list for a period of twelve (12) months. During this period, if such position is
vacant, the employee shall be offered employment in the position. An employee who has been
placed on such a re-employment list who fails to accept such an offer and who has been
medically released for return to duty shall be separated and removed from the re-employment
list.
-22-
7/1/98
•
SECTION 7
COMPENSATION AND PAYROLL PRACTICES
7.1 PREPARATION OF COMPENSATION PLAN
The City Manager or his/her 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 Plan may be amended from time to time by resolution of the City Council.
Amendments and revisions of the plan 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.
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
Non—exempt employees may be required to work overtime at the discretion of the supervisor.
The supervisor shall be empowered to -authorize or require overtime as needed, including but not
limited to the following types of situations:
• To take care of operating emergencies;
• To handle peak workloads or to finish incomplete work when it is not possible or practical to
employ additional personnel;
• To attend meetings connected to Town business outside of regular work hours;
• To meet temporary conditions where the Town is unable to secure qualified personnel to fill
authorized positions; or
• On other occasions as deemed necessary in the judgment of the responsible supervisor.
Non—exempt employees shall not be allowed to accrue overtime to perform work unless such
work has been authorized by his/her supervisor.
-23-
7/1/98
7.4 OVERTIME PAY
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.
At the choice of the employee, overtime may be compensated with compensating time off hours
at the hourly rate of one and one-half (1 ''/2) times the hours of overtime worked. The time when
compensating time off may be taken shall be at the discretion of the Department Head.
"Work" 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 duty. These hours shall be counted toward the accumulation of the work
week as defined in this manual.
7.5 DEFINITION OF EXEMPT EMPLOYEE
The Town has determined that various executive, administrative and professional employees are
exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Employees in
the following job classifications are considered to be exempt employees:
• City Manager
• City Engineer
• Public Works Director
• Planning Director
• Building Official
• Public Works Manager
• Finance Director/City Treasurer
7.6 MISCELLANEOUS PAY PROVISIONS
7.6.1. Out -of -Classification Pay
Employees who by written assignment from the Department Head or the City Manager perform
the essential functions of a position with a higher salary classification than in which they are
regularly employed shall receive increased compensation for the period of the written
assignment. Said increased compensation will accord the employee an increase of at least five
percent over his/her current regular compensation.
7.6.2 On -Call Pay
To provide for standby ';.-eadiness of the Town's Public Works Maintenance crew during off-duty
hours, an on-call schedule will be prepared at the beginning of each calendar year. As assigned,
the employee will be available to respond to emergency calls. The on-call schedule may be
-24-
7/1/98
updated by the crew leader as needed to provide availability from the crew. Employees will be
compensated for standby time at their regular rate per the following schedule:
Weekdays 1 hour per day
Weekend days 2 hours per day
Holidays 2 hours per day
On-call hours can be paid out in the pay period worked, or accrued as compensatory time.
Should an employee need to respond to a call during off-duty hours, he/she will also be
compensated for hours worked at their regular hourly rate or overtime rate as applicable.
7.6.3 Salary Step 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 be made for salary costs each
fiscal year. The City Manager shall establish the Compensation plan subject to the approval of
the City Council. The plan provides a flexibility in wages in order to compensate for an
employee's increased competence, experience and value added to the organization. For this
reason, salaries are to be consistent with the applicable steps in the Compensation Plan. No
salary advancement shall be made so as to exceed any maximum rate established in the
Compensation Plan for the employee's position.
7.6.3.1 Step Placement
Employees shall be assigned to that step 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.
7.6.3.2 SalM Step Advancement
Advancement from step to step within a salary range may occur at intervals of one (1)
year in length effective with each satisfactory performance review. An exception may be
made for employees hired at Step A, who shall have a salary advancement review six (6)
months after their date of initial hire. The salary advancement review shall be contingent
upon approval 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 step increase on the basis of unsatisfactory
.3 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.
-25-
7/1/98
Failure to receive a salary step increase shall not be considered disciplinary action, and is
not subject to any right of appeal or grievance process.
7.6.4 Work Week
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 runs Sunday through
Saturday. The Town may assign a different work -week when it is deemed to be
beneficial to the Town. The work day will be determined at the City Manager's
discretion.
7.6.5 Pay Day
Pay day shall be twice monthly, on the 15`x' day of the month and on the last day of the
month. In the event that this day falls on a weekend or holiday, pay day will be the
preceding regular work day.
7.6.6 Time Sheets
Payroll data for all employees will be compiled from time sheets. Time sheets shall be in
a form approved by the City Manager, and will not be considered complete for payroll
purposes unless signed in ink by both the employee and appropriate supervisor.
7.6.7 Preparation of Paroll
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 the payroll shall be made
unless written instruction is received from the City Manager.
7.6.8 Meal Period
A one (1) hour non—compensated meal period shall be provided all employees who work
eight (8) hours in one day.
7.7 ELIGIBILITY FOR BENEFITS
Benefits are set forth and occasionally revised by the City Council in keeping with prevailing
rates and benefits, current costs of living, the Town's financial condition and policies and to
other relevant factors.
7.7.1 Full Time Emrhr) ees
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
-26-
7/1/98
•
•
management employees. All benefits shall be listed and authorized with the approval of
the Compensation Plan.
7.7.2 Part -Time Employees
Employees holding a part-time position shall accrue vacation, sick leave and holiday
credits in the proportion that their average work week bears 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.
7.7.3 TemporM Employees
Employees holding a temporary appointment shall not be provided any benefits other
than those required by State or Federal law.
-27-
7/1/98
SECTION 8
PERFORMANCE EVALUATIONS
All employees shall receive an annual performance review. The review should occur on or near
the employee's anniversary date, whether or not a step or pay increase is being considered. The
City Manager shall provide a method of reporting of individual employee performance which
relates 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, or in suspension,
demotion, or dismissal.
Department Heads shall rate the performance of each employee; provided, however, that 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 his or her 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 him or her. Such signature shall not necessarily mean he or
she fully endorses the contents of said report. Neither the performance evaluation process or the
performance reports shall be subject to any grievance and/or appeal procedure.
-28-
7/1/98
28-
7/1/98
SECTION 9
TRANSFER RESIGNATION, LAYOFF. REINSTATEMENT, REEMPLOYMENT
9.1 TRANSFER
No person shall be transferred to a position for which he/she does 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 therefor results from injury or illness, vacation, or other leaves of absence, or where
workloads temporarily create the need therefor 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.
9.2 RESIGNATION
Resignation occurs when an employee tenders a written or verbal notice of his/her intention to
resign. A resignation becomes final when accepted by the City Manager. Once a resignation has
been accepted by the City Manager, it cannot be withdrawn without the approval --of the City
Manager. Employees should give a minimum of two (2) weeks notice of intention to resign.
Failure to give such notice may result in non-payment of benefits.
9.3 JOB ABANDONMENT
An employee may be deemed to have resigned if the employee is absent for three (3) consecutive
work days without prior authorization and without notification during that period of the reason
for absence.
-29-
7/1/98
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 funding for any
position or employment, the employee holding such position or employment may be laid off or
demoted at the City Manager's discretion, without disciplinary action and without the right of
appeal.
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. 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.
,3 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, probationary, regular.
9.5 REINSTATEMENT
A regular employee who has resigned or has otherwise been separated while in good- standing,
may be considered for re—instatement, upon recommendation of the Department Head and
approval of the City Manager, to his/her 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 he/she had received an original
appointment, unless other conditions are made a part of the reinstatement by the City Manager.
The employee will serve a new probationary period.
-30-
7/1/98
SECTION 10
DISCIPLINARY ACTIONS
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
The Department Head may demote an employee whose performance of his/her required duties is
below standard, or for other disciplinary purposes. Demotion may also be made to a vacant
position in lieu of layoff. No employee shall be demoted to a position for which he/she does not
possess the minimum qualifications.
10.4 DISMISSAL
The Department Head may dismiss an employee whose performance of his/her required duties is
below standard, or for other disciplinary purposes. Such action results in an immediate
termination of the employee from Town service.
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
grounds for discipline.
(1) Fraud in securing employment or making a false statement on an application for
employment.
(2) Incompetence, i.e., inability to comply with the minimum standard of an employee's
position for a significant period of time.
(3) Inefficiency or i:iexcusable neglect of duty, i.e., failure to perform duties required of an
employee within his/her position.
-31-
7/1/98
(4) 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.
(5) Dishonesty.
(6) Being under the influence of alcohol or dangerous drugs or narcotics while on duty.
(7) Excessive absenteeism.
(8) Inexcusable absence.
(9) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is
required, or misuse of sick leave.
(10) 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.
(11) Discourteous treatment of the public or other employees.
(12) Improper or unauthorized use of agency property.
(13) Refusal to subscribe to any oath or affirmation which is required by law in connection
with agency employment.
(14) Any act of conduct, either during or outside of duty hours which is of such a -nature that it
causes discredit to the agency.
(15) Inattention to duty, excessive time spent on personal business or personal phone calls,
tardiness, indolence, carelessness or negligence in the care and handling of agency
property.
(16) Violation of the ordinances, resolutions, rules and regulations established by the
employee's department.
(17) Outside employment not specifically authorized by the appointing authority in
accordance with Town procedures.
-32-
7/1/98
32-
7/1/98
0
0
(18) Acceptance from any source of a reward, gift, or other form of remuneration in addition
to regular compensation to an employee for the performance of his or her official duties -
(19) The refusal to testify under oath before any Grand Jury having jurisdiction over any then
pending cause of inquiry in which the investigation involves possible government bribery
or misconduct.
(20) Improper political activity.
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 Department Head intends to suspend an employee, demote the employee, reduce
the employee in pay or dismiss the employee, the Department Head shall give the employee a
written notice of 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.
10.6.2 Response by Employee
The employee shall have the right to respond to the Department Head orally or in writing. The
employee shall have a right to be represented at the meeting in which the response is submitted.
Such meeting will only be permitted once and continued for no more than 2 days.
-33-
7/1/98
33-
7/1/98
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.
-34-
7/1/98
0
SECTION 11
•
GRIEVANCE PROCEDURES AND APPEALS HEARING
11.1 GRIEVANCE PROCESS
11.1.1 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 are not grievable.
11.1.2 An employee must file a grievance with his or her immediate supervisor within
fifteen (14) 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.
11.1.3 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.
11.1.4 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.
11.1.5 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 within ten (10) working
days unless good cause exists for a continuance. The City Manager may meet with the employee
prior to issuing a decision.
11.1.6 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 fLe decision. An arbitrator shall be selected by 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
-35-
7/1/98
35-
7/1/98
toss. The arbitration shall be governed by the rules set forth in Section 11. 1.5 to 11.1.14 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.
11.2 APPEALS HEARING PROCEDURE
The appeal procedure described herein shall apply only to cases of disciplinary suspensions,
reductions in pay, demotions and dismissals affecting regular part-time and full-time competitive
service employees.
11.2.1 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 request
with the City Manager.
11.2.2 If, within the five-day (5) appeal period, the employee involved does not file said
appeal, unless good cause for the failure is shown, the action of the Department Head shall be
considered conclusive and shall take effect as prescribed.
11.2.3 The City Manager shall, unless good cause exists otherwise, set a time for an
appeal not less than twenty (20) working days, nor more than sixty (60) working days, from the
I - 011 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.
11.2.4 The City Manager may, in his/her 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.
11.2.5 All hearings shall be private.
11.2.6 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 Town's exhibits shall be designated by number. The employee exhibits shall be designated
by alphabetical letter. Neither party will be permitted to call during the hearing a witness not
identified pursuant to this section nor use any exhibit not provided pursuant to this section unless
that party can show that they could not reasonably have anticipated the prior need for such
witness or exhibit.
11.2.7 The heqr-ng 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 in the conduct of serious affairs, regardless
-36-
7/1/98
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 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.
11.2.8 The City Manager shall rule on the admission or exclusion of evidence.
11.2.9 Each parry shall have these rights: To be represented by legal counsel or other
person of his or her 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 him or her to testify; and to rebut the evidence against
him/her. If the employee does not testify in his or her own behalf, he/she may be called and
examined as if under cross-examination.
11.2.10 Oral evidence shall be taken only on oath or affirmation.
11.2.11 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 his or her part.
d. The party appealing from such disciplinary action may then open his or her defense and
offer his or her 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, and the order therof, shall be permitted in the discretion of the City Manager.
The parry with the burden of proof shall have the right to close the hearing by making the
last argument.
11.2.12 The City Manager shall determine relevancy, weight, and credibility of testimony
and evidence, and shall base his or her findings on the preponderance of evidence.
11.2.13 During rk-e examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
-37-
7/1/98
11.2.14 No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during a hearing.
11.2.15 In the discretion of the City Manager, the proceeding shall be recorded by tape
recorder, court reporter, or other stenographic method. Such recording shall be the official
record of the proceeding.
11.2.16 The City Manager, prior to or during a hearing, may grant a continuance for any
reason he/she believes to be important to his/her reaching a fair and proper decision.
11.2.17 The City Manager shall render his/her 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 recommendations as to each of the charges and the reasons therefore.
11.2.18 The City Manager may sustain or reject any or all of the charges filed against the
employee. The City Manager may also sustain, reject, or modify the disciplinary action invoked
against the employee.
11.2.19 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, and
shall set forth the recommended effective date the employee is to be disciplined or reinstated,
which may be any time on or after the date the disciplinary action went into effect.
11.2.20 Either the appealing party or the Department Head 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.
11.2.21 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 parry shall pay the cost of the transcript.
11.2.22 The City Council shall determine whether, in its absolute discretion, to review
such appeal within twenty (20) working days of filing of the appeal. The Council may refer
review of the matter to an outside third party. That third parry shall review all transcripts,
exhibits and other documents it deems pertinent, and issue an advisory opinion to the Council.
Said opinion will not be binding in any way on the decision of the Council. If the Council
decides to review the matter itself, it shall review all transcripts, exhibits, and other documents it
deems pertinent. The Council may ratify, modify or reverse the City Manager's decision. The
decision of the City Council shall be final. The parties agree that all costs shall be equally split
during this phase of the appeal, with the exception that each party will bear the cost of their own
legal representation.
-38-
7/1/98
•
SECTION 12
U
RECORDS AND REPORTS
12.1 PERSONNEL FILES
A personnel file shall be maintained for each employee in the service of the Town. Information
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
his/her designee. An employee, or the employee's representative with written consent of the
employee, shall be entitled to review his or her personnel file with adequate advance notice to the
City Manager or his/her designee.
12.2 PERSONNEL ACTION 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 his/her designee on standard forms. Approved copies of the
Personnel Action Form shall be distributed to the Department Head, Finance, the employee, and
the employee's personnel file.
12.3 DESTRUCTION OF RECORDS
Records relating to persons who were never in the employ of the Town including
correspondence, applications, examinations and reports may be destroyed after seven years.
Records of employees may be destroyed after ten years from the date of termination.
-39-
7/1/98
0 •
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. `
• Take all necessary actions to protect the public and carry out its mission in emergencies.
-40-
7/1/98
SECTION 14
MISCELLANEOUS POLICIES
14.1 ANTI -HARASSMENT AND DISCRIMINATION POLICY
14.1.1 Purpose
The purpose of this policy is to establish a strong commitment to prohibit harassment and
discrimination in employment, to define discrimination and harassment and to set forth a
procedure for investigating and resolving internal complaints of discrimination and harassment.
14.1.2 Policy
Harassment of or discrimination against an applicant or employee by a supervisor, management
employee, or co-worker on the basis of race, religion, color, national origin, ancestry, mental or
physical disability, medical condition, marital status, gender, sexual orientation or age will not be
tolerated.
Disciplinary action up to and including termination will be instituted for behavior which, in the
determination of the City Manager, constitutes discrimination or harassment.
Any retaliation against a person for filing a harassment or discrimination charge or complaint,
whether with the Town or an administrative agency or court, or for giving testimony in
connection with or otherwise demonstrating support for such actions is prohibited. Employees
found to be retaliating against another employee shall be subject to disciplinary action up to and
including termination.
14.1.3 Definitions
Harassment may include, but is not limited to:
• Verbal Harassment — For example, epitaphs, derogatory comments or slurs on the basis of
race, religious creed, color, national origin, ancestry, handicap, mental or physical disability,
medical condition, marital status, gender, sexual orientation or age. This might include
inappropriate sex oriented comments on appearance, including dress or physical features or race
oriented stories.
• Physical Harassment — For example, assault, impeding or, blocking movement, or any
physical interference with normal work or movement when directed at an individual on the basis
of race, religious creed, color, national origin, ancestry, handicap, disability, medical condition,
marital status, sexual ni entation, age or gender. This could be conduct in the form of pinching,
grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises
in return for submission to physical acts.
-41-
7/1/98
41-
7/1/98
• Visual Forms of Harassment — For example, derogatory posters, notices, bulletins, cartoons,
or drawings on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, medical conditions, marital status, gender, sexual orientation, or age.
• Sexual Favors — Unwelcome sexual advances, request for sexual favors, and other verbal or
physical conduct of a sexual nature, upon which an employment benefit is conditioned or which
constitutes an unreasonable interference with an individual's work performance or creates an
offensive work environment.
Discrimination — disparate treatment due to race, religious creed, color, national origin, ancestry,
handicap, mental or physical disability, medical condition, marital status, gender, sexual
orientation or age. The difference in treatment adversely affects the individual's employment or
conditions of employment.
14.1.4 Complaint Procedure
14.1.4.1 Filin : An employee or job applicant who believes he or she has been harassed or \
discriminated against may make a complaintora y- or in writing with any of the following: 1i
• Immediate supervisor.
• Any supervisor or manager within or outside of the department.
• Department Head.
Any supervisor or Department Head who receives a harassment or discrimination complaint
should notify the City Manager immediately.
14.1.4.2 Investigation: Upon notification of a discrimination or harassment complaint, the City
Manager or his/her designee shall:
• Authorize the investigation of the complaint and supervise and/or investigate the complaint.
The investigation will include interviews with: 1) the complainant, 2) the accused harassor or
discriminator, and 3) any other persons the City Manager or his/her designee has -reason to
believe has relevant knowledge concerning the complaint. This may include victims of
similar conduct;
• Review factual information gathered through the investigation to determine whether the
alleged conduct constitutes discrimination or harassment; giving consideration to all factual
information, the totality of the circumstances, including the nature of the verbal, physical,
visual or sexual conduct and the context in which the alleged incidents occurred;
• Report to appropriate persons the results of the investigation and the determination as to
whether discrimina*Ion and/or harassment occurred. If discipline is imposed, the discipline
will not be communicated to the complainant;
-42-
7/1/98
• If the City Manager determines that discrimination or harassment occurred, take prompt and
effective remedial action against the discriminating parry or harassor. The action will be
commensurate with the severity of the offense;
• Take reasonable steps to protect the victim and other potential victims from further
harassment;
• Take reasonable steps to protect the victim from any retaliation as a result of communicating
the complaint.
14.1.5 Dissemination of Policy
All employees, Council members, and volunteers shall receive copies of this Policy.
14.2 OUTSIDE EMPLOYMENT
A Town employee shall not engage in any employment, enterprise, or outside activity which is in
conflict with his/her duties, functions, responsibilities, or the department by which he/she is employed,
nor shall he/she engage in any compensatory outside activity which will directly, or indirectly,
contribute to the lessening of his/her effectiveness as a Town employee.
14.2.1 Authorization
• 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.
• If the Department Head determines such activity is compatible, he or she 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 shall consider, among other pertinent factors whether the employment:
• 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;
-43-
7/1/98
•
• Involves receipt or acceptance by employee of any money or other 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 his/her Town
employment or as a part of his/her duties as a Town employee;
• Involves the performance of an act in other than his/her 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.
• Involves conditions or factors which would probably directly or indirectly lessen the
efficiency of the employee in his/her 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 any time by the City Manager or
his/her designee.
14.3 USE OF TOWN EQUIPMENT PROHIBITED
14.3.1 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 while said employee
is engaged in any outside employment or activity for compensation, or otherwise, 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 of the items
mentioned in (a) above, except upon prior written approval of the City Manager.
14.4 EMPLOYEE DRESS CODE
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.
• All clothing must be neat, clean and in good repair.
• Prescribed uniforms and safety equipment must be worn where applicable.
• Footwear must be appropriate for the work environment and functions being performed.
• Hair must be neat, clean and well groomed.
• Beards, mustaches and sideburns must be maintained in a neat and well—groomed fashion.
• Jewelry is acceptable except in areas wherein it constitutes a health or safety hazard.
• Good personal hygiene is required.
-44-
7/1/98
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, 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 or
marriage.
14.5.3 If a Town employee marries 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 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 punish another. person by virtue
of the duties and responsibilities assigned to his or her position.
14.5.4 The Town also retains the right to refuse to place both spouses 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 shall not work in a
prohibited supervisory relationship, an attempt will be made to transfer one spouse to a similar
classified position in another Town department. Although the wishes of the involved parties as
to which spouse is to be transferred will be given consideration by the Town, the controlling
factor in determining which spouse 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 cannot be accommodated consistent with the
Town's interest in promotion of safety, security, morale and efficiency, then the Town retains
sole discretion to separate one spouse from Town employ. Absent resignation by one affected
spouse, the less senior of the involved spouses will be subject to separation and the same shall
not constitute discipline and shall not be subject to any administrative appeal.
-45-
7/1/98
45-
7/1/98
•
•
14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL
14.6.1 Purpose - 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: 1) to eliminate any use of alcohol, illegal drugs, prescription
drugs or any other substance which could impair an employee's ability to safely and effectively
perform the functions of their job, 2) to encourage employees who think they may have an
alcohol or drug usage problem to voluntarily seek confidential assistance from the Employee
Assistance Program, 3) 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.
14.6.2 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.
14.6.3 Polic
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 or provide drugs or alcohol to any person, while on duty,
except as specifically authorized by the City Manager in connection with Town functions..
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 Procedures
The following procedures will serve as the guideline for implementation of this policy:
14.6.4.1 Employee Responsibilities
1. It is the employee's responsibility to demonstrate satisfactory job performance.
2. Employees shall report to work with his/her ability to perform job duties not impaired
due to on or off ;kuty alcohol or drug use.
3. Employees are responsible for the personal implementation of this policy to facilitate
safe and effective job performance.
-46-
7/1/98
0 •
i 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 his/her supervisor, before beginning work, when taking any
medication or drugs, prescription or non—prescription, which would interfere with the
safe and effective performance of duties or operation of equipment.
14.6.4.2 Management Responsibilities and Guidelines
1. Managers and Supervisors should, if possible, notify the City Manager or his/her
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 his or her possession.
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 may require a
medical certification of fitness for duty regardless of the test results, before allowing the
employee to return to work.
14.6.5 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 or drugs 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 these procedures 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 disciplinary action.
14.7 NON—SMOKING POLICY.
Smoking is prohibited in all Town facilities and vehicles.
-47=
7/1/98