HomeMy WebLinkAbout70-11 • •
RESOLUTION NO. 70-11
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS ADOPTING
AMENDMENTS TO THE
PERSONNEL RULES AND REGULATIONS AND
EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Personnel Rules and Regulations and Employee Classification and
Compensation Plan documents were last comprehensively reviewed and updated in 2006 and
revised in 2007, 2008, 2009, 2010, and 2011; and
WHEREAS, the Town the Rules and Regulations and Employee Classification and
Compensation Plan must be updated to clarify existing policies and amend existing policy to
conform to new laws or regulations;
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby
approve and adopt amendments to the Personnel Rules and Regulations and Employee
Classification and Compensation Plan, attached hereto as Exhibit A, as the personnel rules and
regulations and classification and compensation plan governing the Town of Los Altos Hills.
The above and foregoing Resolution was passed and adopted by the City Council of the
Town of Los Altos Hills at a special meeting held on the 7th day of December, 2011 by the
following vote:
AYES: Summit, Larsen, Mordo, Radford, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY: i_/ ij
Ginge rumm , Mayor
ATTEST:
Deborah Padovah, City Clerk
Resolution No.70-11 Page 1
• . Exhibit"A"
TOWN OF LOS ALTOS HILLS
Employee Handbook
Personnel Rules and Regulations
- and -
Classification and Compensation Plan
Resolution No.70-11 Page 3
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Town of Los Altos Hills
Personnel Rules&Regulations
Personnel Rules and Regulations
Resolution No.70-11 Page 5
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Town of Los Altos Hills
Personnel Rules&Regulations
Insert ResolutionContents
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Town of Los Altos Hills
Personnel Rules&Regulations
SECTION 1 1
GENERAL PROVISIONS 1
1.1 COVERAGE 1
1.2 PERSONNEL ORDINANCE 1
1.3 AMENDMENT OF RULES 1
1.4 VIOLATION OF RULES 1
1.5 MEMBERSHIP IN EMPLOYEE REPRESENTATION ORGANIZATIONS 1
SECTION 2 3
DEFINITION OF TERMS 3
2.1 "ANNIVERSARY DATE" 3
2.2 "APPOINTING AUTHORITY" 3
2.3 "AUTHORIZED POSITION" 3
2.4 "BENEFITS" 3
2.5 "CLASSIFICATION" 3
2.6 "COMPENSATION PLAN" 3
2.7 "COMPETITIVE SERVICE" 3
I2.8 "DEMOTION" 343
2.9 "DEPARTMENT HEAD" 343
2.10 "DOMESTIC PARTNER" 4
2.11 "ELECTED OFFICIAL" 4
2.12 'ELIGIBLE" 4
2.13 'ELIGIBLE LIST" 4
2.14 "EMPLOYEE" 4
2.15 'EXAMINATION" 4
2.16 "EXEMPT EMPLOYEE" 4
2.17 "GROSS MISCONDUCT" 451
2.18 "HOURLY EMPLOYEE" 5
2.19 "INTRODUCTORY PERIOD" 5
2.20 "NON-EXEMPT EMPLOYEE" 5
2.21 "MANAGEMENT EMPLOYEE" 5
2.22 "OVERTIME WORK" 5
2.23 "PART-TIME POSITION" 5
2.24 "PERSONNEL ACTION FORM" 5
2.25 "PERSONNEL OFFICER" 5
2.26 "POSITION" 5
I2.27 "PROMOTION" 565
2.28 "RECLASSIFICATION" 563
2.29 "REGISTERED DOMESTIC PARTNER" 6
2.30 "REGULAR EMPLOYEE" 6
2.31 "REINSTATEMENT" 6
2.32 "REJECTION" 6
2.33 "SALARY ADVANCEMENT" 6
2.34 "SALARY REDUCTION" 6
2.35 "SUSPENSION" 6
2.36 "TEMPORARY APPOINTMENT" 6
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2.37 "TEMPORARY POSITION" 6
2.38 "TERMINATION" 6
2.39 "TOWN" 6
2.40 "TRANSFER" r7q6
2.41 "WORK WEEK"
SECTION 3 9
CLASSIFICATION 9
3.1 PREPARATION AND MAINTENANCE OF PLAN 9
3.2 ADOPTION OF PLAN 9
3.3 NEW POSITIONS 9
3.4 RECLASSIFICATION 9
SECTION 4 11
THE SELECTION AND APPOINTMENT PROCESS 11
4.1 APPLICATION PROCESS 11
4.2 APPLICATION FORMS 11
4.3 DISQUALIFICATION OF APPLICATIONS 11
4.4 NOTICE OF REJECTION OF APPLICATION 12
4.5 SELECTION PROCESS 12
4.6 WAIVER OF RESPONSIBILITY 12
4.7 PROMOTIONAL EXAMINATIONS 12
4.8 CONDUCT OF SELECTION PROCESS 13
4.9 SCORING AND QUALIFYING GRADE 13
4.10 NOTICE OF RESULTS 13
4.11 ELIGIBLE LIST 13
4.12 ELIGIBLE LIST DURATION 13
4.13 REMOVAL OF NAME 14
4.14 TYPE OF APPOINTMENTS 14
4.15 APPOINTMENTS 14
4.16 PROVISIONAL APPOINTMENTS 14
SECTION 5 15
EMPLOYMENT STATUS 15
5.1 INTRODUCTORY EMPLOYMENT 15
5.2 MANAGEMENT EMPLOYEES 16171-6
5.3 REGULAR EMPLOYMENT 161716
5.4 TEMPORARY EMPLOYMENT 166
5.5 EMERGENCY EMPLOYMENT 176
SECTION 6 181817
ATTENDANCE AND LEAVES OF ABSENCE 181817
6.1 REQUIREMENTS OF ATTENDANCE 184-84-7
6.2 SICK LEAVE 181817
6.3 CATASTROPHIC LEAVE 191918
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6.4 HOLIDAYS 202449
6.5 VACATION 21222-0
6.6 COMPENSATORY TIME OFF 22222.0
6.7 JURY DUTY/COURT APPEARANCES 222424-
6.8
2 16.8 BEREAVEMENT LEAVE 222424-
6.9
246.9 MILITARY LEAVE 222424-
6.10
216.10 INDUSTRIAL ACCIDENT LEAVE 232424-
6.11
321216.11 ADMINISTRATIVE LEAVE 232522
6.12 FAMILY AND MEDICAL LEAVE POLICY 212623
6.13 PREGNANCY DISABILITY LEAVE 294228
6.14 LEAVE WITHOUT PAY 293228
6.15 SUPERVISORY DISCRETION 30339
6.16 EXHAUSTION OF LEAVES 303329
SECTION 7 323531
COMPENSATION AND PAYROLL PRACTICES 323531
7.1 PREPARATION OF COMPENSATION PLAN 323531
7.2 ADOPTION OF PLAN 323531
7.3 AUTHORIZATION OF OVERTIME 323531
7.4 OVERTIME PAY 333632
7.5 DEFINITION OF EXEMPT EMPLOYEE 333-632
7.6 MISCELLANEOUS PAY PROVISIONS 333€332
7.7 ELIGIBILITY FOR BENEFITS 363935
SECTION 8 38413-7
PERFORMANCE EVALUATIONS 38/1137
8.1 PERFORMANCE EVALUATION PROVISIONS 38/1137
SECTION 9 40433-9
TRANSFER,RESIGNATION,LAYOFF,REINSTATEMENT,REEMPLOYMENT
404339
9.1 TRANSFER 404339
9.2 RESIGNATION 40433-9
9.3 JOB ABANDONMENT 404339
9.4 LAYOFF POLICY AND PROCEDURE 414540
9.5 REINSTATEMENT 41/1510
SECTION 10 42/1711
DISCIPLINARY ACTIONS 4211711
10.1 SUSPENSION 42/1711
10.2 REDUCTION IN PAY 421711
10.3 DEMOTION 4211711
10.4 DISMISSAL 421711
10.5 GROUNDS FOR DISCIPLINE 4211711
10.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION 411913
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SECTION 11 465245
APPEALS HEARING AND GRIEVANCE PROCEDURES 465215
11.1 APPEALS HEARING PROCEDURE 465215
11.2 GRIEVANCE PROCESS 495518
SECTION 12 525-8-54
RECORDS AND REPORTS 523854
12.1 PERSONNEL FILES 523
12.2 PERSONNEL ACTION FORMS 525-854-
12.3
25.85412.3 DESTRUCTION OF RECORDS 525
SECTION 13 5/16053
MANAGEMENT RIGHTS 516053
13.1 MANAGEMENT RIGHTS PROVISION 5/16053
SECTION 14 566255
MISCELLANEOUS POLICIES 566255
14.1 ANTI-HARASSMENT AND DISCRIMINATION POLICY 565
14.2 OUTSIDE EMPLOYMENT 606659
14.3 USE OF TOWN EQUIPMENT PROHIBITED 626861
14.4 EMPLOYEE DRESS CODE 636962
14.5 NEPOTISM POLICY 6564
14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL 687167
14.7 NON-SMOKING POLICY 707669
14.8 CELL PHONE POLICY 710
14.9 INTERNET AND ELECTRONIC MAIL POLICY 758474
14.10 FRAUD POLICY 798-5-77
14.11 DRIVER SELECTION POLICY .85
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Personnel Rules&Regulations
SECTION 1
GENERAL PROVISIONS
1.1 COVERAGE
These rules establish the personnel system for the Town of Los Altos Hills. These rules
shall apply to all employees of the Town except Sections 10 and 11, which shall not
apply to employees excluded from the competitive service. ..-.b=-- - - . . _ .
in Section 5.2). Furthermore, any section or provision which excludes a particular
category of employment from coverage or defines the category of employment that is
covered shall govern, and employees not covered by the section or provision shall not be
entitled to the benefits or rights described therein.
In addition, the provisions of Section 15.1, 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.
25 11 adopted May 12, 2011 by the City Council of the Town of Los Altos
Hills.
1.3 AMENDMENT OF RULES
Aamendment and revisions of these rules and regulations may be
made by the City Manager and shall become effective upon adoption by the City Council.
1.4 VIOLATION OF RULES
Violation of the provisions of these rules and regulations shall be grounds for rejection of
applicants or disciplinary action of incumbent employees, including suspension,
demotion or dismissal.
1.5 MEMBERSHIP IN EMPLOYEE REPRESENTATION ORGANIZATIONS
As provided in Chapter 10, Section 3500 to 3508 of the Government Code, Tthe City
Manager shall designate the employees by job titles who have been determined to be
management and confidential employees. Management and confidential employees may
not represent any employee organization which represents other employees on matters
within the scope of representation. V-- - -- - - - -- - -- - -- -• -
employee groups on matters within the scope of representation and may only join and bo
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All other employees of the Town shall have the right to form,join and participate in the •
activities of employee organizations representing appropriate bargaining units of their
own choosing for the purposes of representation on all matters of employer-employee
relations, including,but not limited to,wages,hours, and other terms and conditions of
employment.
Employees of the Town shall also have the right to refuse to join or participate in the
activities of employee organizations, and shall have the right to represent themselves
individually in their employment relations with the Town.
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SECTION 2
DEFINITION OF TERMS
The following terms,wherever used in these Rules, shall be defined as follows:
2.1 "Anniversary Date"
The future date on which a regular or introductory employee is eligible, on the basis of a
satisfactory job performance evaluation for a prescribed period, for a merit salary
advancement within the salary range established for the class of position 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
regular position. The benefits listing is an integral part of the Compensation Plan as
approved by the City Council for each fiscal year.
2.5 "Classification"
All positions sufficiently similar in duties and responsibilities, and working conditions,to
permit grouping under a common classification with a common title, and to permit the
application with equity of common standards of selection,transfer,promotion, and
salary.
2.6 "Compensation Plan"
The assignment by City Council Resolution of salary ranges and/or salary rates, and
related employee benefits.
2.7 "Competitive Service"
The positions and employments which are included or which may hereafter be included
in the Classification Plan, excluding management, temporary, provisional, emergency or
other non-regular positionscxcmpt cmployees.
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.
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2.10 "Domestic Partner"
See"Registered Domestic Partner."
2.11 "Elected Official"
City Council members.
2.12 "Eligible"
A person whose name is on an employment list which has been approved by the City
Manager.
2.13 "Eligible List"
A list, approved by the City Manager, of names of persons who have successfully
completed an examination - which may include written, oral, practical and/or interview
components - for a given classification in the competitive service, and are ranked on the
list in the order of the score received.
2.14 "Employee"
Any person hired to work for the Town at a regular salary in a position the duties of
which are subject to direct supervision and control by or ain behalf of the City Manager.
Independent contractors and members of Town Committees and Commissions, whether
or not compensated, shall not be deemed to be employees within the meaning of these
Rules, with the exception that elected official will be considered as employees solely for
the purpose of eligibility for health, dental and vision benefits.
2.15 "Examination"
2.15.1 Open examination:
Open to all persons meeting the minimum qualifications established by the
City Manager or designee.
2.15.2 Promotional examination:
Limited to regular and introductory employees in the competitive service
who meet the minimum qualifications established by the City Manager.
2.16 "Exempt Employee"
An exempt employee shall be defined, for compensation purposes, as an employee who is
exempt from overtime compensation pursuant to the Federal Fair Labor Standards Act.
These employees are listed in Section 7.5.
2.17 "Gross Misconduct"
Gross or egregious misconduct, including but not limited to conduct such as assault,
battery, discrimination, harassment, fraud, theft, embezzlement, and other conduct
prejudicial to the public welfare and the functioning of the employee's department or
Town.
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2.18 "Hourly Employee"
An employee whose compensation is based on an hourly rate.
2.19 "Introductory Period"
A working test period during which an employee in a position in the competitive service
is required to demonstrate fitness for the duties to which the employee is appointed by
actual performance of the duties of the position. Employees in positions outside of the
competitive service are not subject to an introductory period because those positions are
at-will.
2.20 "Non-Exempt Employee"
A non-exempt employee shall be defined, for compensation purposes, as an employee
who is not exempt from overtime compensation under the federal Fair Labor Standards
Act.
2.21 "Management Employee"
An employee who holds a position designated as "management." These employees are
listed in Section 5.2.
2.22 "Overtime Work"
Work by non-exempt employees which is authorized and in excess of forty(40) hours in
a designated work week.which is required and authorized in excess of the basic work
2.23 "Part-time Position"
A position having a work-week of fewer hours than the work-week established for full-
time positions in the class. A part-time position may be either regular or temporary.
2.24 "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.
2.25 "Personnel Officer"
The City Manager or designated representative(designee).
2.26 "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.
2.27 "Promotion"
The movement of an employee from one position to another which is allocated to a
classification with a higher maximum rate of pay.
2.28 "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.
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2.29 "Registered Domestic Partner"
Individual who is registered, along with another person, with the California Secretary of
State as Domestic Partners.
2.30 "Regular Employee"
An employee in the competitive service who has successfully completed the introductory
period and has been retained with regular status as hereafter provided in these Rules.
2.31 "Reinstatement"
The re-employment without examination of a former employee.
2.32 "Rejection"
The separation of an employee from the service during the introductory period.
2.33 "Salary Advancement"
A salary increase within the limits of the pay range established for a classification.
2.34 "Salary Reduction"
A salary decrease within the limits of the pay range established for a classification.
2.35 "Suspension"
The temporary separation from the service of an employee without pay for disciplinary
purposes.
2.36 "Temporary Appointment"
An appointment to a position of limited duration of a person who possesses the minimum
qualifications established for a particular class.
2.37 "Temporary Position"
A full-time or part-time position of limited duration.
2.38 "Termination"
The separation of an employee from the Town service because of retirement, resignation,
layoff, death1-ef-dismissal, inability to perform the essential functions of a position, or for
any other lawful reason.
2.39 "Town"
The Town of Los Altos Hills.
2.40 "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.
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2.41 "Work Week"
The standard work week for full-time employees of the Town shall be forty (40) hours.
For purposes of payroll, the work week begins on Sunday (midnight) and ends on the
next consecutive Sunday (midnight). At the discretion of the City Manager, alternative
work schedules and work weeks may be offered. For those employees participating in a
"9/80"work schedule, the work week will begin at neen-en the midpoint of the work day
the employee is regularly scheduled to work eight hours and will end at noon on the day
they are scheduled to be off.
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SECTION 3
CLASSIFICATION
3.1 PREPARATION AND MAINTENANCE OF PLAN
The City Manager shall ascertain and record the duties and responsibilities of all
positions in the competitive service and, after consultation with heads of departments
affected, prepare and maintain the Classification Plan. The Classification Plan shall
consist of a list of every classification in use by the Town. The Classification Plan shall
also contain, as an addendum,job descriptions for each position, which shall include the
class title; a description of the position; examples of typical duties and responsibilities;
and a description of abilities and other qualifications for the position.
3.2 ADOPTION OF PLAN
Before the classification plan or any part thereof shall become effective, it shall first be
approved by the City Council. The job classification plan shall be amended or revised
when required in the same manner as originally established.
3.3 NEW POSITIONS
When a new position is created by City Council action, before the same may be filled,
and except as otherwise provided by Municipal Code or these Rules, no person shall be
appointed or employed to fill such position until the classification plan shall have been
amended to provide therefore.
3.4 RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate
reclassification, shall be assigned by the City Manager to a more appropriate class,
whether new or already created. Reclassification shall not be used for the purpose of
avoiding restrictions concerning demotions and promotions.
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SECTION 4
THE SELECTION AND APPOINTMENT PROCESS
4.1 APPLICATION PROCESS
All openings shall be publicized by placing a classified advertisement regarding the
position in newspapers of general circulation and/or 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; the
method of applying; the closing date for the application, if one is established; and such
other information as seems desirable in the discretion of the City Manager.
4.2 APPLICATION FORMS
Job applications shall be made on forms provided by the City Manager or designee. All
applications must be completed in full and signed by the person applying.
4.3 DISQUALIFICATION OF APPLICATIONS
The City Manager or designee shall reject an application, or after examination, shall
disqualify or remove the applicant's name from an eligible list, if the applicant:
1. Has made false statements, or practiced any deception or fraud on the application,
declarations or in securing eligibility 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,
.. . . . . ... - -.-.;
71
4. Has been convicted of a crime (including no contest pleas), either a misdemeanor
involving moral turpitude or felony, that relates to the position duties that the
applicant would perform;
5. Used or attempted to use inappropriate political pressure or bribery to secure an
advantage in the examination or appointment;
6. Directly or indirectly obtained information regarding examinations;
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7. Failed to submit the employment application correctly or within the prescribed
time limits;
8. Has had his/her privilege to operate a motor vehicle in the State of California
suspended or revoked, if driving is a job requirement;
9. For any material cause which in the judgment of the City Manager or designee
would render the applicant unfit for the position.
4.4 NOTICE OF REJECTION OF APPLICATION
Defective applications may be returned to the applicant with notice to amend and refile,
provided that the time limit for receiving applications has not expired.
4.5 SELECTION PROCESS
After the time limit for receiving applications for a particular position has expired, the
City Manager or designee shall determine the total number of applicants who meet the
minimum qualifications for the positions. The chosen applicants shall then be given
further consideration for the position by being allowed to participate further in the
selection process. 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 examination.
4.7 PROMOTIONAL EXAMINATIONS
When the City Manager finds that it is in the best interests of the Town, vacancies in the
competitive service shall be filled by promotion from within the competitive service,
after an eligibility list is established. Only employees who meet the requirements for the
classification set forth in the promotional examination announcements may be admitted
to promotional examinations. If, in the opinion of the City Manager, it is in the best
interest of the Town to use an open, competitive examination instead of a closed,
promotional examination, then 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 in the Town's best interest, the City Manager
may arrange an examination which is both open and promotional.
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When an employee is promoted, his/her salary shall be that approved by the City
Manager, except that the salary shall be at least equal to or higher in salary than the
employee's present base salary.
4.8 CONDUCT OF SELECTION PROCESS
The City Manager or designee may prepare and administer or contract with any
competent agency or individual for the administration of any part of the selection process,
as he/she deems most appropriate.
4.9 SCORING AND QUALIFYING GRADE
Failure in one part of the examination, or to meet established standards described in the
job announcement, will be grounds for declaring such applicant as failing in the entire
examination or as disqualified for subsequent parts of an examination. A candidate's
fmal 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 fmal
earned score and ranking on the eligible list,if applicable.
4.11 ELIGIBLE LIST
After completion of any open or promotional examination, the City Manager or designee
shall prepare an eligible list consisting of the names of candidates who passed the entire
selection process, arranged in order of fmal 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 twelve (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.
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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 City Manager shall decide in what manner the vacancy
is to be filled.
4.15 APPOINTMENTS
The City Manager shall make final appointments. When a position is to be filled from a
promotional or open eligible list, the City Manager, after consultation with the
department head, shall choose from the specified list any of the candidates on the eligible
list. If no person among the candidates indicates a willingness to accept the appointment,
or if the City Manager determines that it is in the best interest of the Town to do so, the
City Manager may request a new examination to establish a new eligible list, or may fill
the position by any other method authorized by these Personnel Rules.
The person accepting appointment shall report to the City Manager on the date
designated by the City Manager; otherwise, the applicant shall be deemed to have
declined the appointment.
4.16 PROVISIONAL APPOINTMENTS
In the absence of appropriate eligibility lists, a provisional appointment may be made by
the City Manager, 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 regular 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.
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.
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SECTION 5
EMPLOYMENT STATUS
5.1 INTRODUCTORY EMPLOYMENT
All original and promotional appointments to positions in the competitive service flee-
management
eesmanagement positions (see Section 5.2) shall be tentative and subject to an introductory
period of one (1) year of actual and continuous service from the date of appointment.
Positions excluded from the competitive service include all management, temporary,
provisional, emergency or other non-regular positions. The City Manager shall have the
discretion to extend the introductory period for any appointment, and an employee shall
not pass the introductory period unless the City Manager affirms in writing that the
employee has passed the introductory period and attained regular status.
5.1.1 Introductory Period Objective
The introductory period shall be regarded as a part of the testing process and shall
be used for closely observing the employee's work to determine the employee's
fitness for the position.
5.1.2 Rejection During Introductory Period
An employee may be rejected at any time during the introductory period without
cause and without the right of appeal or grievance.
5.1.3 Introduction Period After Promotion
On accepting a promotion, an employee serves a new introductory period of six
(6) months of actual and continuous service. .An employee does not acquire
regular status in the promotional position until the successful completion of this
introductory period. If the employee fails to satisfactorily complete the
introductory period in the promotional position, the employee shall be entitled to
return to the position held prior to promotion at the range and salary held prior to
promotion if such position is available and has not been eliminated pursuant to a
layoff, reorganization or for other budgetary purposes. The employee is not
entitled to notice,. a hearing, a right of appeal, or grievance if rejected during
introduction.
Performance reports shall be prepared for every employee during his/her
introductory period pursuant to these Rules. The Performance report for the final
three months of introduction for any employee shall be prepared i -beand
forwarded by the department head to the City Manager to be received at least
fifteen (15) days prior to the last day of the introductory period. This
Performance report shall be accompanied by the Personnel Action Form on which
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Personnel Rules&Regulations
employee shall either be recommended for rejection prior to the end of the
introductory period or recommended for approval as a regular employee
commencing at the end of the introductory period.
5.2 MANAGEMENT EMPLOYEES
Employees in the positions listed below are considered management employees. The
City Manager position is held at the will of the City Council; all other management
positions are held at the will of the City. Manager. Benefits and rights afforded to
management employees may differ from non-management employees pursuant to as
described in these Personnel Rules and Regulations and any applicable provisions of a
compensation plan.
• City Manager
• City Clerk
• Administrative Services Director(Finance Director)
• Planning Director
• Public Works Director/City Engineer
The City Council may designate additional employees to qualify as management
employees without the need to amend these personnel rules.
5.3 REGULAR EMPLOYMENT
Regular Full-Time Employment: Employees who successfully complete their
introductory period and who regularly work a minimum of forty (40) hours per week
shall become full-time regular employees and shall be entitled to all the benefits provided
herein.
Regular Part-Time Employment: Employees who work in part-time positions of at least
twenty(20)hours per week and who successfully complete their introductory period shall
become part-time regular employees and shall be entitled to regular status equal to the
hours worked when compared to forty (40) hours per week. Benefits provided for part-
time employment shall be pro-rated based upon the comparison of hours worked to forty
(40)hours per week.
5.4 TEMPORARY EMPLOYMENT
Without following the rules regarding recruitment and selection, the Town may hire
employees on a temporary basis,usually for up to 125 days or 1000 hours in a fiscal year
for completion of a specific task or project or to address a need of limited duration.
Temporary employees may be removed at any time without cause, notice or any right of
appeal. Temporary employees are not eligible for benefits.
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5.5 EMERGENCY EMPLOYMENT
To meet the immediate requirements of an emergency condition, such as a flood,.
earthquake, or other public calamity which threatens public life or property, the City
Manager may employ such persons as may be needed for the duration of the emergency
without regard to these rules and regulations affecting appointments.
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SECTION 6
ATTENDANCE AND LEAVES OF ABSENCE
6.1 REQUIREMENTS OF ATTENDANCE
Employees shall be in attendance at their work during the hours assigned by the
department head. Each department head shall submit attendance records to Payroll on
standardized forms and at times specified by the City Manager or designee.
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, caring for a sick member of the employee's immediate family, or doctor and
dental appointments when it is not feasible to schedule them on the employee's own time.
Immediate family shall mean and include the following persons and no others:
1. A spouse or registered domestic partner of the employee.
2. A child, step child or adopted child of the employee or the employee's spouse or
domestic partner.
3_A father or father in law or a mother or mother in law of the employee or the
employee's spouse or domestic partner.
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.
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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.
3. 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.
4. In any calendar year an employee shall be allowed to use accrued and available
sick leave, in an amount not less than the sick leave that would be accrued during
a six month period at the employee's current rate of entitlement, to attend to the
illness of a child, parent, spouse or domestic partner of the employee. All
restrictions placed on the use of sick leave by the Town shall apply to any such
use.
6.3 CATASTROPHIC LEAVE
Employees may "donate" up to sixteen (16) hours of their accrued sick leave to a
catastrophic leave bank. Catastrophic leave may be granted to an employee at the
discretion of the City Manger when the employee is absent because of illness, injury,
exposure to contagious disease or caring for a sick member of the employee's immediate
family.
Immediate family shall mean and include the following persons and no others:
1. A spouse or registered domestic partner of the employee.
2. A child, step child or adopted child of the employee or the employee's spouse or
domestic partner.
3. A father or father in law or a mother or mother in law of the employee or the
employee's spouse or domestic partner.
Such leave will be granted only when the employee has exhausted all accrued sielcpaid
leave and is capped at 80 hours.
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6.4 HOLIDAYS
Each regular and management employee of the Town shall be entitled to the following
holidays with pay and no others:
• New Year's Day 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
the holiday pay.
No employee shall be entitled to compensation for any holiday herein specified unless
such an employee shall have been employed by the Town on the day preceding and the
day following such holiday. For the purposes of this paragraph, an employee who is
absent on any authorized paid leave shall be deemed to be employed at such time.
Temporary, provisional, emergency or other non-regular positions are not entitled
to compensation for Town holidays.
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6.5 VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to
. -. .. . , . . - - - . All management employees and
full-time regular employees shall be entitled to anfatalvacation leave with pay. Regular
Part-Time employees are entitled to a vacation leave with pay prorated according to
hours worked. Vacation time shall be credited on the first payroll date of employment
and every pay period thereafter for each regular employee.
Vacation time shall be earned at the rate of eight (8) hours for each month of service, or
_. .. . ninety-six (96) hours per year. Employees are eligible to take
vacation after six (6) months of service, unless otherwise authorized by the City
Manager. Commencing with the fifth year anniversary, including introductory period, an
employee shall earn fifteen (15) working days of vacationten (10) hours for each month
of service. Commencing with the eleventh year anniversary, including introductory
period, an employee shall earn thirteen and one third (13.33) hours for each month of
service. In summary vacation accrues as follows; and each year thereafter shall be
credited as follows:
Years of Service Days of Vacation Hours Earned Per Month
1 through 5 4-28
6 through 10 4 510
11 + 2013.33
At time of hiring, the City Manager may provide a new employee credit for years of
service in another public agency for purposes of determining eligibility for vacation
accrual.
All vacation leave must be pre-approved by the department head. 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-hours in
excess of two hundred forty (240) hours. When the employee reaches the maximum
accrual,he or she shall cease earning vacation until the vacation leave balance falls below
,... ! _ _ - _. . two hundred forty(240)hours.
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.
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6.6 COMPENSATORY TIME OFF
Compensatory time off can be earned by non-exempt employees pursuant to Section 7.5,
at a rate of one and a half(1.5) hours of paid time off,to be taken at a later date, for each
hour of overtime worked. Compensatory time off may be accrued to a limit of eight (8)
hours and may be used in lieu of other types of leave, following the provisions and
requirements of vacation leave.
6.7 JURY DUTY/COURT APPEARANCES
Every employee who is called or required to serve as a juror shall be entitled to be absent
during the period of such service. Under such circumstances, the employee shall
surrender any payment received for jury service except for mileage compensation. The
Town will pay the employee his/her regular salary for this duty.
An employee who is subpoenaed to appear in court in an official capacity shall be
allowed to do so without loss of compensation. An employee subpoenaed to appear in
court in a matter unrelated to his official capacity as an employee shall be permitted to
use accrued vacation or compensatory leave for this purpose, except where the
underlying matter is brought by the employee against the Town.
6.8 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, registered domestic
partner, child, dependent, sibling, and grandparent by blooddmarriage or domestic
partnership. 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 paid or unpaid bereavement leave for greater than three(3) days.
6.9 MILITARY LEAVE
Military leave . •, . - - - - .- . .,. -- . _ .. . _ . -• .
- .' .- , . '. _ .. : shall be granted by the City Manager in accordance with
the applicable provisions of State and Federal laws. An employee requesting military
leave for this purpose shall provide the City Manager with notice as soon as possible and
shall provide the City Manager with a copy of the any military orders specifying the days,
site and purpose of the activity or missionor other information necessary to make a
determination regarding the employee's request for leave. An employee
requesting military leave shall give the City Manager an opportunity, within the limits of
State and Federal law, to determine when such military leave shall be taken, and the City
Manager may modify the employee's work schedule to accommodate the request
ferapproved military leave. -- - -- • . - . . - - . , -- . . • •-
from accrued leave balances for any military compensation that the employee receives for
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6.10 INDUSTRIAL ACCIDENT LEAVE
Industrial accident leave means the absence from duty of an employee because of work-
incurred illness or bodily injury when such absence has been accepted for coverage under
the provisions of the Workers' Compensation laws of the State of California. Employees
on workers' compensation leave may use accrued sick leave time to supplement any
monetary difference between their normal rate of pay and workers' compensation
temporary disability benefits. Upon exhaustion of accrued sick leave time, employees
may elect to supplement with accrued vacation time. However, such supplementation
shall not entitle employees to continue employment if otherwise qualified for separation
from Town service due to disability retirement or for any other lawful reason.
6.11 ADMINISTRATIVE LEAVE
The City Manager may grant, as authorized by the City Council, leave to exempt
personnel who are not eligible for overtime pay up to a maximum accrual of ninety six
(96) hours. Such leave shall not be deducted from vacation credits. Unused
aAdministrative leave may not be carried over into the next calendar year leave i:,
calendar year and is capped at ninety six (96) hours per year. This benefit is prorated to
that portion of the year in which each eligible employee is employed by the Town. Use
of administrative leave is allowed at the discretion of the City Manager.
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6.12 FAMILY AND MEDICAL LEAVE POLICY
6.12.1. Statement of Policy
. _. ... - . ', -.,. . _ edical Leave Act, effective August 5, 1993
and the Moore Brown Roberti Family Rights Act effective October 5, 1993 and
this policy, Tthe Town of Los Altos Hills will grant job protected unpaid family
and medical leave to eligible employees for up to twelve (12) work weeks per
twelve(12) -month period for any one or more of the following reasons:
A. The 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 twelve (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.
6.12.2. Defmitions
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. "Twelve (12)-Month Period" - means a rolling twelve (12)-month period
measured backward from the date leave is taken and continuous with each
additional leave day taken.
C. "Serious Health Condition" - means an illness, injury, impairment, or a
physical or mental condition that involves:
1. Inpatient care; or
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
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4. Prenatal care by a health care provider.
D. "Spouse or registered domestic partner" - If both spouses or registered
domestic partners work for the Town their total leave in any twelve (12)-
month period may be limited to an aggregate of twelve (12) weeks if the
leave is taken for either the birth or placement for adoption or foster care of
a child or to care for a sick parent. This limitation does not apply to leave
taken by either spouse or registered domestic partner 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.
6.12.3. 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 twelve
(12)months; and
2. Have actually worked at least 1,250 hours for the Town during the
twelve (12) month period immediately preceding the
commencement of the leave.
6.12.4. 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."
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1. "Medically necessary"means there must be a medical need for the
leave and that the leave can best be accomplished through an
intermittent or reduced leave schedule.
2. The employee may be required to transfer temporarily to a
position with equivalent pay and benefits that better
accommodates recurring periods of leave when the leave is
planned based on scheduled medical treatment.
B. An employee may take leave intermittently or on a reduced leave schedule
for birth or placement for adoption or foster care of a child only with the
City Manager's consent.
C. For regular part—time employees who qualify, the family and medical leave
entitlement is calculated on a prorated basis. A weekly average of the
hours worked over the twelve (12) weeks prior to the beginning of the
leave will be used for calculating the employee's normal work week.
6.12.5. SUBSTITUTION OF PAID VACATION 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 own serious health condition, in
addition to exhausting accrued leave, the employee must also exhaust
accrued sick leave.
6.12.6. NOTICE REQUIREMENT
A. Although the Town recognizes that emergencies arise which may require
employees to request immediate leave, employees are required to give as
much notice as possible of their need for leave. If leave is foreseeable, at
least thirty (30) days notice is required. 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.
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6.12.7. MEDICAL CERTIFICATION
A. For leaves taken because of the employee's or a covered familymember's
serious health condition, the employee must submit a completed "Physician
P Y
or Practitioner Certification" form or equivalent notice and return the
certification to the City Manager or designee. Medical certification must
be provided by the employee within fifteen (15) days after leave is
requested,or as soon as is reasonably possible.
B. The Town may require a second or third opinion (at Town's expense),
periodic reports on the employee's status and intent to return to work, and a
fitness-for-duty report to return to work.
C. All documentation related to the employee's, family member's, or
registered domestic partner's medical condition will be held in confidence
and maintained in the employee's medical records file separate from the
regular personnel file.
6.12.8. EFFECT ON BENEFITS
A. Leave under this policy is unpaid. While on leave, the employee's health
insurance premiums will be paid by the Town to the extent that they are
paid while the employee is on the job. However, employees will not
continue to receive other benefits which are not provided pursuant to the
Town's group health plans. Employees will be eligible to participate in
employment benefit plans, however, to the same extent and under the same
conditions as would apply to employees on unpaid leave granted by the
employer for purposes other than Family Medical Leave.
B. If applicable, employees may make the appropriate contributions for
continued coverage under their health insurance plans either through
payroll deduction or by direct payment to the Finance Department. The
employee will be advised in writing at the beginning of the leave period as
to the amount and method. Employee contribution amounts are subject to
any change in rates that occurs while the employee is on leave.
C. If an employee's contribution is more than thirty (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
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employee's control (certification required within thirty (30) days of failure
to return for either reason), the Town may seek reimbursement from the
employee for the portion of the premiums paid by the Town on behalf of
that employee (also known as the employer contribution) during the period
of leave.
F. An employee is not entitled to seniority or benefit accrual during periods of
unpaid leave but will not lose accruals earned prior to leave. Time counted
towards an employee's anniversary date shall also be deferred for the time
of the leave without pay.
6.12.9. JOB PROTECTION
A. If the employee returns to work before or at the end of twelve (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 the employee would have been terminated but for
the leave, the employee would not have the right to be reinstated upon
return from leave.
C. If the employee fails to return at the end of a family/medical leave, the
employee will be reinstated to his/her same or similar position only if the
position is available and the Town deems that it is appropriate to do so, in
accordance with applicable laws and these Personnel Rules. If the
employee's same or similar position is not available, the employee may be
separated.
6.12.10. FAMILY/MEDICAL LEAVE FORMS TO BE SUBMITTED BY THE
EMPLOYEE
Employees must fill out the following applicable forms in connection with
leave under this policy.
1. Request for Family/Medical Leave Form
2. Certification of Physician or Practitioner
3. Authorization for Payroll Deduction for Benefit Plan Coverage
Continuation During a Family/Medical Leave of Absence
4. Fitness for Duty to Return from Leave
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6.13 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.
rove
ration of the expiration Upon approved leave, the employee shall be reinstated to her former
P P Pp em tP Y
position or to an available comparable position:: - ' --- .-. a .. ' ' . .. ' - :
. .. . _ .. - -- . ., . . . . .. . . . - .. . . . The
comparable position is one having similar terms of pay, location, job content and
promotional opportunities. However, as with Family Leave, an employee has no greater
right to reinstatement or to other benefits or conditions of employment than if the
employee had been continuously employed during the pregnancy or pregnancy leave.
Prior to the employee being reinstated, the department head may require a statement from
the attending physician that the employee is physically capable of resuming the regular
duties of her position.
Failure to return to work after the authorized four month leave period causes the
employee to have no reinstatement rights.
6.14 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 granted for a period not to
exceed one year.
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 employer be required to maintain contributions
toward group insurance or retirement coverage. During the period of such leaves, all
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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
employee p Y a . The 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.
6.15 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.
6.16 EXHAUSTION OF LEA .S
When all available leaves of absence, paid or unpaid, have been exhausted and if the
- _
period, if such position is vacant, the employee shall be offered employment in the
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Page Left Blank Intentionally
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SECTION 7
COMPENSATION AND PAYROLL PRACTICES
7.1 PREPARATION OF COMPENSATION PLAN
The City Manager or designee, or the person or agency employed for that purpose, shall,
during the budget preparation period each year or whenever directed by the City Council,
prepare a Compensation Plan covering all classes of positions, excluding the City
Manager position, showing a range of pay for each position.
7.2 ADOPTION OF PLAN
The Compensation Plans for regular, full time positions and hour1ya11-positions shall be
adopted by the City Council and may be amended from time to time by resolution of the
City Council. Amendments and revisions of the plans may be suggested by an interested
party. At the discretion of the City Manager, such amendments and revisions may be
submitted to the City Council. The City Manager may approve an hourly rate of
compensation for temporary positions, based on the Council-approved hourly
Compensation Plan with adjustments for special circumstances.
Notice of City Council consideration of the proposed Compensation Plan, amendments,
or revisions shall be posted in the manner prescribed by State Law. No position shall be
assigned a salary not in conformance with the salary schedule unless the salary schedule
for the class is amended in the same manner as herein provided.
7.3 AUTHORIZATION OF OVERTIME
Non—exempt employees may be required to work overtime at the discretion of their
supervisor. The supervisor shall be empowered to authorize or require overtime as
needed, including but not limited to the following types of situations:
1. To take care of operating emergencies;
2. To handle peak workloads or to fmish incomplete work when it is not possible or
practical to employ additional personnel;
3. To attend meetings connected to Town business outside of regular work hours;
4. To meet temporary conditions where the Town is unable to secure qualified
personnel to fill authorized positions; or
5. On occasions as deemed necessary in the judgment of the responsible supervisor.
Non—exempt employees shall not be allowed to accrue overtime to perform any overtime
work unless such work has been authorized by his/her supervisor.
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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 for all hours worked in excess of forty(40)
hours in a workweek.
Subject to the limitations described in Section 6.6, an employee may chose to receive
compensatory time off hours at the rate of one and one-half(1.5) hours for each hour of
overtime worked. The time when compensating time off may be taken shall be at the
discretion of the department head.
`Hours Worked'—' shall be defined, for the purpose of determining overtime as those hours
for which an employee is compensated by the Town for regular work, holidays, sick
leave, vacation and compensatory time off. These hours shall be counted toward the
accumulation of the work week as defined in this manual.
7.5 DEFINITION OF EXEMPT EMPLOYEE
The Town has determined that various executive, administrative and/or professional
employees are exempt from the overtime requirements of the Fair Labor Standards Act
(FLSA). Employees in the following job classifications are considered exempt:
• City Manager
• City Clerk
• Administrative Services Director(Finance Director)
• Planning Director
• Public Works Director/City Engineer
• Public Safety Officer
• Barn Manager
• Finance Manager
7.6 MISCELLANEOUS PAY PROVISIONS
7.6.1. Out-of-Classification Pay
Employees who by assignment from their Ddepartment idlead 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 beginning on the third (3rd) consecutive work day that the
employee performs such functions; said increased compensation will accord the
employee an increase of at least five percent over his/her current regular
compensation. Determinations regarding whether an employee is entitled to out-
of-classification pay shall be made in the sole discretion of the City Manager.
Out-of-classification assignments may be terminated by a Depai intent Head or the
City Manager at any time.
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7.6.2 Call Out Pay
Should a non-exemptn employee be directed to report to duty by the City
Manager or designee, or respond to a clear and immediate emergency during off-
duty hours, he/she will be compensated for hours worked at twice their regular
hourly rate. Employees will be compensated for a minimum of two (2) hours for
each response to an authorized call out.
7.6.3 Salary Placement/Advancement
The Compensation Plan is designed to establish a reasonable range of wages for
each position of employment, and allows for adequate budgetary appropriations
be made for salary costs each fiscal year. The plan provides flexibility in wages
in order to compensate for an employee's increased competence, experience and
value added to the organization. No salary advancement shall be made so as to
exceed any maximum rate established in the Compensation Plan for the
employee's position.
7.6.3.1 Initial Placement
New employees or those assigned to new classifications shall be assigned
a salary within the range for the classification which the City Manager,
with recommendation from the appropriate department head, fords 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 Salary Advancement
Advancement within a salary range may, but will not automatically,
occur at intervals of one(1)year in length effective with each satisfactory
performance review. An exception may be made for newly hired or
promoted employees,who shall have a salary advancement review six(6)
months after their date of initial hire or promotion. The salary
advancement review shall be contingent upon recommendation of the
City Manager,based upon his/her review of the employee's performance,
including but not limited to review of the following factors: increased
service value of an employee to the Town, as exemplified by
recommendations of his/her department head, performance records,
special projects accomplished, training undertaken, or other pertinent
evidence.
In the event an employee is denied a salary increase on the basis of
unsatisfactory performance, the City Manager may at any time during the
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ensuing year approve the increase effective on the date of approval, based
upon a satisfactory performance review.
Failure to receive a salary increase shall not be considered disciplinary
action, and is not subject to any right of appeal or grievance process.
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 begins
on Sunday at midnight and ends on the consecutive Sunday at midnight. At the
discretion of the City Manager, alternative work schedules may be offered. For
those employees participating in a "9/80" work schedule, the work week will
begin at Hoeft-en the midpoint on the workday the employee is regulary scheduled
to work eight hours and will end at noon on the day they are scheduled to be off.
7.6.5 Pay Day
Pay day shall be at least twice monthly, on the 15th and last day of the month. In
the event that this day falls on a weekend or holiday, pay day will be the
preceding work day.
7.6.6 Preparation of Payroll
The payroll shall be prepared under the direction of the City Manager in
accordance with the Compensation Plan. No changes in the names or salaries on
the payroll shall be made unless written instruction is received from the City
Manager.
7.6.7 Meal Period
A meal period up to one (1) hour, non—compensated, shall be provided all
employees who work at least eight (8) hours in one day. With prior approval of
the City Manager, the meal period may be reduced to forty-five (45) minutes or
thirty(30)minutes. The minimum meal period shall be thirty 30 minutes.
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7.7 ELIGIBILITY FOR BENEFITS
Benefits are set forth and occasionally revisedare determined and set by the City Council.
condition and policies, and to other relevant factors.
7.7.1 Full Time Regular Employees
Employees holding a full-time position shall be eligible for all benefits currently
authorized by the City Council except for those benefits specifically limited to
management employees. All benefits shall be listed and authorized with the
approval of the Compensation Plan.
7.7.2 Part-Time Regular Employees
Employees holding a part-time position shall accrue vacation, sick leave and
holiday credits in the proportion that their average 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 Other Employees
Employees holding a temporary, provisional, emergency or other non-regular
appointment or position shall not be provided any benefits other than those
required by State or Federal law.
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SECTION 8
PERFORMANCE EVALUATIONS
8.1 PERFORMANCE EVALUATION PROVISIONS
All employees should receive an annual performance review on or near their anniversary
date, whether or not a pay increase is being considered. The City Manager shall provide
a method of reporting 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, suspension, demotion or dismissal.
Department heads shall rate the performance of each employee; provided, however, that
the depaitment 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 nor the performance reports shall
be subject to any grievance and/or appeal procedure.
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SECTION 9
TRANSFER,RESIGNATION,LAYOFF, REINSTATEMENT, REEMPLOYMENT
9.1 TRANSFER
No person shall be transferred to a position for which 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 therefore results from injury or illness, vacation, or other
leaves of absence, or where workloads temporarily create the need therefore and the best
interest of the Town would be served. Upon notice to the City Manager, an employee
may be transferred by the department head at any time from one position to another
position in a comparable classification. For transfer purposes, a comparable
classification is one with the same maximum salary, and requires substantially the same
basic qualifications.
If the transfer involves a change of an employee from one department to another, both
department heads and the City Manager must consent thereto. Transfer shall not be used
to effectuate a promotion, demotion, advancement, or reduction, each of which may be
accomplished only as provided in these Rules and Regulations.
Whenever possible, an employee being transferred from one position to another position
in the same class or a comparable class at the same salary level shall receive five (5)
working days notice. If the transfer requires the employee to move equipment from one
location to another, the employee shall receive seven (7) working days notice when
possible.
9.2 RESIGNATION
Resignation occurs when an employee tenders a written notice of their intention to resign.
A resignation becomes fmal when accepted by a Supervisor, Department Head or the
City Manager. Once a resignation has been accepted by the CityTown Manager, it
cannot be withdrawn without the approval of the City Manager. Employees intending on
leaving the Town in good standing should give a minimum of two (2) weeks notice of his
or her intents to resign.
9.3 JOB ABANDONMENT
An employee may shall be deemed to have resigned if the employee is absent for three
(3) consecutive work days without prior authorization and/or without notification during
that period of the reason for absence. If an employee in the competitive service that has
passed probation is terminated for job abandonment, and that employee challenges the
determination that he/she has abandoned his/her job, the sole issue for determination in
any appeal shall be whether the employee was absent for (3) consecutive work days
without prior authorization and/or without notification.
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9.4 LAYOFF POLICY AND PROCEDURE
9.4.1 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish
or eliminate funding for any position or employment, the employee holding such
position or employment may shall be laid off or demoted without disciplinary
action and without the right of appeal or ability to bring a grievance.
9.4.2 Notification
Employees to be laid off or demoted under non-disciplinary circumstance shall be
given a minimum of thirty (30) calendar days prior notice, except in exigent
circumstances.
9.4.3 Order of Layoff
Employees shall be laid off in the inverse order of their seniority in their
classification. Seniority is determined based upon time worked in the specific
classification versus overall service to the Town. In cases where there are two or
more employees in the classification from which the lay-off is to be made who
have the same seniority date, such employees shall be laid off on the basis of the
last evaluation rating in the class.
A lay-off out of the inverse order of seniority may be made if, upon
recommendation of the department head and approval of the City Manager, it is
determined that retention of special job skills are required or a less senior
employee has a higher level of performance. Within each class employees shall
be laid off in the following order, unless special skills are required or the leave of
performance dictates otherwise: temporary,hourly, introductory, regular.
9.5 REINSTATEMENT
A regular employee who has resigned or has otherwise been separated while in good
standing, may be considered for reinstatement, upon recommendation of the department
head and approval of the City Manager, to 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-An employee reinstated to a position in the competitive service will
serve a new introductory period.
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SECTION 10
DISCIPLINARY ACTIONS
Section 10 only applies to employees in the competitive service that have passed probation.
10.1 SUSPENSION
Suspension is a temporary separation from Town service without pay for disciplinary
purposes. The department head may suspend an employee without pay.
10.2 REDUCTION IN PAY
Reduction in pay is a decrease in compensation paid to an employee for a fixed period of
time for disciplinary purposes. The department head may impose a reduction in pay to an
employee.
10.3 DEMOTION
Demotion is the movement of an employee from one position to another which is
allocated to a classification having a lower maximum rate of pay. The A department
head may demote an employee whose performance of his/her required duties is below
standard, or for other disciplinary purposes. `---: ':- --• . .-.:- : . . .
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 consistent with the provisions
of this Section.
10.5 GROUNDS FOR DISCIPLINE
The Town's standards of conduct are established for the guidance of all employees.
These standards are only a partial list of unacceptable behaviors and conduct and are not
the exclusive list of grounds for discipline.
A. Fraud in securing employment or making a false statement on an application for
employment.
B. Incompetence, i.e., inability to comply with the minimum standard of an
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C. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required
D. Disobedience and insubordination, a failure to submit to duly appointed and
acting supervision or to conform to duly established orders or directions of
persons in a supervisory position.
E. Dishonesty.
F. Being under the influence of alcohol or dangerous drugs or narcotics while on
duty.
G. Excessive absenteeism.
H. Inexcusable absence.
I. Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one
is required, or misuse of sick leave.
J. The conviction of either a misdemeanor involving moral turpitude or any felony
shall constitute grounds for dismissal of any employee. The record of conviction
shall be conclusive evidence only of the fact that the conviction occurred. The
depal tiuent head may inquire into the circumstances surrounding the commission
of the crime in order to fix the degree of discipline, or the determination if such
conviction is an offense involving moral turpitude. A plea or verdict of guilty, or
a conviction showing a plea of nolo contendere made to charge a felony or any
offense involving moral turpitude, is deemed to be a conviction within the
meaning of this Section.
K. Discourteous treatment of the public or other employees.
L. Improper or unauthorized use of Town property.
M. Refusal to subscribe to any oath or affirmation which is required by law in
connection with Town employment.
N. Any act of conduct, either during or outside of duty hours which is of such a
nature that it causes discredit to the Town.
0. Inattention to duty,tardiness,indolence, carelessness or negligence in the care and
or handling of Town property.
P. Violation of the ordinances, resolutions, rules and regulations established by the
employee's department.
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Q. Outside employment not specifically authorized by the appointing authority in
accordance with Town procedures.
R. Acceptance from any source of a reward, gift, or other form of remuneration in
addition to regular compensation to an employee for the performance of his or her
official duties-
S. The refusal to testify under oath before any Grand Jury having jurisdiction over
any then pending cause of inquiry in which the investigation of government
bribery or misconduct.
T. Improper political activity.
U. Violation of the Town's Fraud Policy.
V. Unauthorized overtime.
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 dTown intends to suspend an employee, demote
angle employee, reduce the employee in pay or dismiss the employee for
disciplinary purposes,the department headTown shall give the employee a written
notice of the intended discipline which sets forth the following:
A. The disciplinary action intended;
B. The specific charges upon which the action is based;
C. A factual summary of the grounds upon which the charges are based;
D. A copy of all written materials, reports, or documents upon which the
discipline is based;
E. Notice of the employee's right to respond to the charges either orally or in
writing to the department head;
F. The date,time and person before whom the employee may respond;
G. Notice that failure to respond at the time specified shall constitute a waiver
of the right to respond prior to final discipline being imposed.
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10.6.2 Response by Employee
The employee shall have the right to respond to the eadTown orally
or in writing. The employee shall have a right to be represented at any such
meeting. Such meeting will only be permitted once and continued for no more
than two (2) days. An employee must request such a meeting or submit a written
response within five (5)working days after being served with a notice of intent to
discipline.
10.6.3 Final Notice
After the response or the expiration of the employee's time to respond to the
notice of intent, the appropriate authority shall: (1) dismiss the notice of intent
and take no disciplinary action against the employee or (2) modify the intended
disciplinary action or (3) prepare and serve upon the employee a fmal notice of
disciplinary action. The fmal notice of disciplinary action shall include the
following:
A. The disciplinary action taken;
B. The effect of the disciplinary action taken;
C. Specific charges upon which the action is based;
D. A factual summary of the grounds upon which the charges are based;
E. The written materials, reports and documents upon which the disciplinary
action is based;
F. The employee's right to appeal, if any.
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SECTION 11
APPEALS HEARING AND GRIEVANCE PROCEDURES
Section 11 only applies to employees in the competitive service that have passed probation.
11.1 APPEALS HEARING PROCEDURE
The appeal procedure described herein shall apply only to cases of disciplinary
suspensions, reductions in pay, demotions and dismissals affecting regular part-time and
full-time nen-management-employees in the competitive service. All other positions and
all other forms of discipline shall not be entitled to any appeal rights.
11.1.1 If an employee is served with a fmal notice of disciplinary action which
specifies that the employee has the right to appeal said action, the employee
has the right, within five (5) working days after receipt of this notice, to
request a hearing on the charges by filing a written request with the City
Manager.
11.1.2 If, within the five-day (5) appeal period, the employee involved does not file
said a written request for an appeal,unless good cause for the failure is shown,
the action of the department head discipline shall become considered
eonelusivefinal and shall take effect as prescribed.
11.1.3 If the City Manager receives a timely written request for an appeal, Tthe 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 date of the filing of the appeal. All interested parties shall be notified
in writing of the date, time, and place of the hearing at least ten (10) working
days prior to the hearing.
11.1.4 The City Manager may, in 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.
11.1.5 All hearings shall be private.
11.1.6 Five (5) working days prior to the date set for the hearing each party shall
serve upon the other party and submit to the City Manager a list of all
witnesses and copies of all exhibits. The employer's exhibits shall be
designated by number. The employee exhibits shall be designated by
alphabetical letter. Neither party will be permitted to call during the hearing a
reasonably have anticipated the prior need for such witness or exhibit.
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11.1.7 The hearing will not be conducted in accordance with technical rules relating
to evidence and witnesses but hearings shall be conducted in a manner most
conducive to determination of the truth. Any relevant evidence may be
admitted .if it is the type of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rules which might make improper
the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a fmding unless it
would be admissible over objection in civil actions. The rules dealing with
privileges shall be effective to the same extent that they are now or hereafter
may be recognized in civil actions, and irrelevant and unduly repetitious
evidence may be excluded. Decisions made by the City Manager shall not be
invalidated by any informality in the proceedings.
11.1.8 The City Manager shall rule on the admission or exclusion of evidence.
11.1.9 Each party shall have these rights: To be represented by legal counsel or other
person of 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.
11.1.10 Oral evidence shall be taken only on oath or affirmation.
11.1.11 The hearing shall proceed in the following order, unless the City Manager for
special reason, otherwise directs:
A. The party imposing discipline shall be permitted to make an opening
statement.
B. The appealing party shall be permitted to make an opening statement.
C. The party imposing disciplinary action shall produce the evidence on
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.
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F. Arguments shall be permitted in the discretion of the City Manager.
The party with the burden of proof shall have the right to close the
hearing by making the last argument.
11.1.12 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.
11.1.13 During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearinguponmotion of either
party.
11.1.14 No still photographs, moving pictures, or television pictures shall be taken
in the hearing chamber during a hearing.
•
11.1.15 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.
11.1.16 The City Manager shall render his/her fmdings 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 findings as to each of the charges and the reasons
therefore. If the City Manager assigns an outside hearing officer, the
hearing officer is only a fact finder and shall not make a determination
regarding level of penalty or discipline.
11.1.17 The City Manager may recommend the sustaining or rejecting of any or
all of the charges filed against the employee. The City Manager may
recommend sustaining, rejecting, or modifying the disciplinary action
invoked against the employee.
11.1.18 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 reinstated, which may be any time on or after
the date the disciplinary action went into effect.
11.1.19 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.
11.1.20 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
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Manager's decision. If the appealing party requests a transcript, that party
shall pay the cost of the transcript.
11.1.21 The City Council shall determine whether, in its absolute discretion, to
review such appeal within twenty (20) working days of filing of the
appeal. If the Council decides to review the matter, it shall review all
transcripts, exhibits, and other documents it deems pertinent. The
Council may ratify, modify or reverse the City Manager's decision. The
decision of the City Council shall be final.
11.2 GRIEVANCE PROCESS
11.2.1 A grievance is defined as a dispute arising from the application or
interpretation of a specific section of these Rules and Regulations,with the
exception of any disciplinary matter. Performance evaluations or any
matters within the discretion of the Town are not grievable.
11.2.2 An employee must file a grievance with his or her immediate supervisor
within fifteen (15) days after the employee knew, or reasonably should
have known, that grounds for a grievance existed. The employee must
exhaust all steps in this grievance process before submittal of the
grievance to arbitration. Any failure by an employee to abide by the
timelines described in Section 11.2 shall constitute an abandonment and
waiver of the grievance.
11.2.3 The employee must submit a written grievance - containing a statement of
the grievance and all pertinent facts upon which it is based; the alleged
section of these Rules and Regulations which has been violated; and the
remedy sought - to the employee's supervisor. The supervisor shall
respond in writing to the grievance within ten (10) working days unless
good cause exists for a continuance. The supervisor may meet with the
employee prior to issuing a decision.
11.2.4 If the employee is dissatisfied with the supervisor's decision, an appeal to
the department head must be filed with the department head within ten
(10) working days of the employee's receipt of the decision. The appeal
must specify, in addition to the items listed in Section 11.2.3, the specific
reasons why the employee disagrees with the supervisor's decision. The
department head shall respond in writing to the grievance within ten (10)
working days unless good cause exists for a continuance. The department
head may meet with the employee prior to issuing a decision.
11.2.5 If the employee is dissatisfied with the department head's decision, an
appeal to the City Manager must be filed with the City Manager within ten
(10) working days of the employee's receipt of the decision. The appeal
must specify, in addition to the items listed in Section 11.2.3, the specific
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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
Managerand may meet with the employee prior to issuing a decision.
11.2.6 If the employee is dissatisfied with the City Manager's decision, a request
for advisory arbitration must be filed with the City Clerk within ten (10)
working days from the employee's receipt of the decision. An arbitrator
shall be selected by mutual agreement of the parties. If the parties are
unable to mutually select an arbitrator, an arbitrator list shall be procured
from the California State Mediation and Conciliation Service or the
American Arbitration Association, and the arbitrator shall be selected by
alternate strike following a coin toss. The arbitration shall be governed by
the rules set forth in Section 11.1.5 to 11.1.15 above. The decision of the
arbitrator shall be rendered within sixty (60) days, unless exigent
circumstances exist, and shall be advisory to the City Council. The City
Council shall review the record and decision, and affirm, deny, or modify
the decision.
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SECTION 12
RECORDS AND REPORTS
12.1 PERSONNEL FILES
A personnel file shall be maintained for each employee in the service of the Town.
Contained in these files shall include class title,the department to which assigned, salary,
changes in employment status, disciplinary actions and such other information as may be
considered pertinent.
The personnel files shall be maintained in a secure place and monitored by the City
Manager or designee who shall determine access to the keys. 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
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 designee on standard forms.
Approved copies of the Personnel Action Form shall be distributed to the department
head,Finance Department,the employee, and the employee's personnel file.
12.3 DESTRUCTION OF RECORDS
Records relating to persons who were never in the employ of the Town including
correspondence, applications, examinations and reports may be destroyed after free
(Al) years. Records of employees may be destroyed after ten years from the date of
termination.
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SECTION 13
MANAGEMENT RIGHTS
13.1 MANAGEMENT RIGHTS PROVISION
The Town retains all of its powers and authority to manage municipal services and the
work force performing those services, including but not limited to, the following rights
to:
• Determine and modify the organization and administration of Town government and
its constituent work units.
• Determine the nature, standards, levels and mode of delivery of services to be offered
to the public.
• Determine the methods, means, and numbers and kinds of personnel by which
services are to be provided.
• Determine whether goods or services shall be made or provided by the Town, or shall
be purchased, or contracted for.
• Direct employees, including scheduling and assigning work, work hours, and
overtime.
• Establish employee performance standards and to require compliance therewith.
• Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and
benefits, or otherwise discipline employees subject to the requirements of applicable
law.
• Relieve employees from duty for any legitimate reason.
• Implement rules,regulations, and directives consistent with law.
• Determine the fitness for duty of employees.
• Layoff and Furlough employees.
• Conduct searches and perform investigations as needed.
• Take all necessary actions to protect the public and carry out its mission in
emergencies.
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SECTION 14
MISCELLANEOUS POLICIES
14.1 ANTI-HARASSMENT,- DISCRIMINATION AND RETALIATION 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 er—harassment or
retaliation.
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:
A. 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
sexually oriented comments on appearance, including dress or physical
features or race-oriented stories.
B. 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 orientation, age or gender. This could be conduct in the
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form of pinching, grabbing, patting, propositioning, leering, or making
explicit or implied job threats or promises in return for submission to
physical acts.
C. 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.
D. 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.
E. 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 which adversely
affects the individual's employment or conditions of employment.
14.1.4 Complaint Procedure
A. Filing:
An employee or job applicant who believes he or she has been harassed or
discriminated against may make a complaint orally or in writing with any
of the following:
• 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 must notify the City Manager immediately.
B. Investigation:
Upon notification of a discrimination or harassment complaint, the City
Manager or designee shall:
1. 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 harasser or
discriminator, and 3) any other persons the City Manager or
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designee has reason to believe has relevant knowledge
concerning the complaint, including victims of similar conduct;
2. 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;
3. Report to appropriate persons the results of the investigation and
the determination as to whether discrimination and/or harassment
occurred. If discipline is imposed, the specific discipline will not
be communicated to the complainant;
4. If the City Manager determines that discrimination or harassment
occurred, take prompt and effective remedial action against the
discriminating party or harasser. The action will be
commensurate with the severity of the offense;
5. Take reasonable steps to protect the victim and other potential
victims from further harassment;
6. Take reasonable steps to protect the victim from any retaliation
as a result of communicating the complaint.
C. Dissemination of Policy
All employees, Council members, and volunteers shall receive copies of
this Policy.
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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
p � P 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
A. Any employee wishing to engage in an occupation or outside activity for
compensation shall inform the department head of such desire, providing
information as to the time required and the nature of such activity, and
such other information as may be required; and the department head shall
determine whether or not such activity is compatible with the employee's
Town employment.
B. If the department head 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:
A. Involves the use for private gain or advantage of Town time, facilities,
equipment, and supplies, or the badge, uniform, prestige or influence of
one's Townoffice or employment;
B. 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;
C. 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.
D. Involves conditions or factors which would probably directly or indirectly
lessen the efficiency of the employee in his/her regular Town employment
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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 designee.
14.2.4 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if
an employee is found in violation of this policy.
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14.3 USE OF TOWN EQUIPMENT PROHIBITED
14.3.1 Town equipment shall only be used for legitimate authorized Town business.
No Town—owned equipment, autos, trucks, instruments, tools, supplies,
machines, or any other item which is the property of the Town shall be used by
an employee for any other purpose, including but not limited to while-said
employee is engaged in any outside employment or activity for compensations
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 11.3.1, aboveTown equipment, except upon prior
written approval of the City Manager.
14.3.3 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if
an employee is found in violation of this policy.
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14.4 EMPLOYEE DRESS CODE
14.4.1 Employees of the Town are required to dress appropriately for the jobs they are
performing.. Therefore, the dress regulations contained in this section shall be
followed.
a. All clothing must be neat, clean and in good repair.
b. Prescribed uniforms and safety equipment must be worn where
applicable.
c. Footwear must be appropriate for the work environment and functions
being performed.
d. Jewelry is acceptable except in areas wherein it constitutes a health or
safety hazard.
e. Good personal hygiene is required.
14.4.2 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if
an employee is found in violation of this policy.
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14.5 NEPOTISM POLICY
14.5.1 No person shall be appointed or promoted to a position in any department in
which such person's relative already holds a position when such employment
would result in any of the following:
A. A supervisor—subordinate relationship;
B. The employees having job duties which require performance of shared
duties on the same or related work assignment;
C. Both employees having the same immediate supervisor.
14.5.2 For purposes of this section, "relative" means spouse, registered domestic
partner, child, step—child, parent, grandparent, grandchild, brother, sister, half—
brother, half—sister, aunt, uncle, niece, nephew,parent—in—law,brother—in—law,
sister—in—law or any other individual related by blood=y marriage or domestic
partnership.
14.5.3 If a Town employee marries or registers with the California Secretary of State
as a domestic partner with another person employed by the Town within the
same department, both employees shall be allowed to retain their respective
positions provided that a supervisorial relationship does not exist at the time of
marriage or registration with the California Secretary of State as domestic
partners between these two positions. During the period of employment, no
supervisory position shall exist between the two employees. For the purpose of
this section, a supervisorial relationship shall be defined as one in which one
person exercises the right to control, direct,reward or discipline another person
by virtue of the duties and responsibilities assigned to his or her position.
14.5.4 The Town also retains the right to refuse to place both spouses or registered
domestic partners in the same department, division, or facility where such has
the potential for creating adverse impact on supervision, safety, security or
morale or involves potential conflicts of interest.
14.5.5 Where the above circumstances exist and mandate that two spouses or
registered domestic partners shall not work in a prohibited supervisory
relationship, an attempt will be made to transfer one spouse or registered
domestic partner to a similar classified position in another Town department.
Although the wishes of the involved parties as to which spouse or registered
domestic partner is to be transferred will be given consideration by the Town,
the controlling factor in determining which spouse or registered domestic
partner is to be transferred shall be the positive operation and efficiency of the
Town. If any such transfer results in a reduction in salary or compensation,the
same shall not be considered disciplinary in nature and shall not be the subject
of any form of administrative appeal.
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14.5.6 If continuing employment of two spouses or registered domestic partners
cannot be accommodated consistent with the Town's interest in promotion of
safety, security, morale and efficiency, the Town retains sole discretion to
separate one spouse or registered domestic partner from Town employ. Absent
resignation by one affected spouse or registered domestic partner, the less
senior of the involved spouses or registered domestic partners will be subject to
separation and the same shall not constitute discipline and shall not be subject
to any administrative appeal.
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14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL
The intent of this policy is to eliminate the use and effects of alcohol and drugs in the
workplace. The objectives of this policy are:
• To eliminate any use of alcohol, illegal drugs, prescription drugs or any other
substance which could impair an employee's ability to safely and effectively
perform the functions of their job,
• To encourage employees who think they may have an alcohol or drug usage
problem to voluntarily seek confidential assistance from the Employee
Assistance Program, and
• To emphasize training and rehabilitation. However, even with the emphasis
on rehabilitation, it must be understood that for those who demonstrate
problems in job performance or those who are involved with or under the
influence of drugs or alcohol on the job, disciplinary action will be taken.
14.6.1 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.
14.6.2 Policy
It is the Town's policy that employees shall not use or be under the influence of
alcohol or drugs, or possess alcohol or illegal drugs at any work site or Town
property, while on duty, breaks or meal periods. Employees shall not sell,
provide or use drugs or alcohol while on duty, except as specifically authorized
by the City Manager in connection with Town functions.
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.
14.6.3 Employee Responsibilities
A. It is the employee's responsibility to demonstrate satisfactory job
performance.
B. Employees shall report to work with his/her ability to perform job duties
not impaired due to on or off duty alcohol or drug use.
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C. Employees are responsible for the personal implementation of this policy to
facilitate safe and effective job performance.
D. 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.
E. 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.
F. 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 Management Responsibilities and Guidelines
A. Managers and supervisors should, if possible, notify the City Manager or
designee when they have reasonable suspicion to believe that an employee
may be under the influence of drugs or alcohol, or have illegal drugs in his
or her possession.
B. Employees reasonably believed to be under the influence of alcohol or
drugs shall be prevented from engaging in further work and sent for testing.
A supervisor can require a medical certification of fitness for duty
regardless of the test results, before allowing the employee to return to
work.
14.6.5 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 of
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 proceduresthis policy may be grounds for disciplinary
action, up to and including, termination. In addition, the Town may, but is not
required to, refer employees to counseling and treatment in lieu of or in
consideration of any disciplinary action.
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14.7 NON—SMOKING POLICY
Smoking is
prohibited in all Town facilities and vehicles. Appropriate disciplinaryaction
action,
in accordance with Section 10, may be taken if an employee is found in violation of this
policy.
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14.8 MOBILE TELECOMMUNICATION DEVICES POLICY
14.8.1 General Provisions
A. Mobile telecommunications devices (mobile device) shall refer to cellular
phones, pagers, satellite phones,and-personal digital assistants (PDA) or any
other electronic device that is provided to Town employees that has the
capability of allowing employees to participate in telecommunications
activities. The Town provides employees with mobile devices on a case-by-
case basis where the City Manager identifies a compelling operational or
safety necessity for an employee to be accessible while not in the office.
B. The purpose of this Policy is to establish procedures for the use of Town-
issued mobile devices in order to ensure personal accountability and
responsibility, and to prevent improper use.
C. Non-exempt employees are not allowed to use mobile devices to conduct any
work outside of regular work hours without the express permission of their
Department Head.
14.8.2 Use and Accountability
A. It is the responsibility of each assigned user to comply with the procedures
outlined in this policy. The assigned user is responsible for the safekeeping
and use of his/her Town-issued mobile device. Department heads are
responsible for ensuring that Town-issued mobile devices are used and cared
for in accordance with this policy. The Finance Department shall periodically
audit and inspect all mobile devices and their service billings. Town-issued
mobile devices are public property and their use is subject to all applicable
Town, state and federal rules and regulations.
B. The assigned user acknowledges that he or she has no expectation of
privacy in the use of, or in the material content contained within such
mobile device. The user expressly agrees that the Town may at any time
retrieve, audit and disclose, if necessary, the contents of all
communications originating from or received by a Town-issued mobile
device, including,but not limited to e-mails,voicemails and text messages.
C. If a mobile device is used for Town business while the user is operating a
motor vehicle, the mobile device must be configured to allow hands-free
use through a speaker phone, or a device such as an earpiece, wired
headset, or Blue Tooth technology. Use of a speaker phone and these types
of devices will ensure that the driver is able to keep both hands on the
steering wheel at all times while operating a motor vehicle.
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D. Upon resignation or termination of employment, or at any time the work-
related need for a mobile device is no longer required, or at the request of a
department head, the assigned user must produce the mobile device for
return and/or inspection. An assigned user who is unable to present the
mobile device in
ood workingcondition within 24 hours shall bear the full
g
cost of the replacement or repair of the Town-issued mobile device.
14.8.3 Personal Use of Town-issued Device
A. If personal use of a Town-issued device results in a charge to the Town, the
Town requires the employee to reimburse the Town. In instances where
personal use of a Town-issued mobile device does not incur a charge from the
service provider, the employee must pay the Town a flat fee of$15.00 per
month. The flat fee shall apply when, in the determination of the City
Manager, the employee's use of the Town-issued mobile device is more than
occasional. Personal use of Town-issued devices shall not violate any Town
policies.
B. The employee's reimbursement of$15.00 to the Town for private use of a
Town-issued mobile device provides no entitlement to privacy.
C. The Finance Department shall designate a reimbursement procedure that
minimizes administrative costs. All reimbursements shall be made payable to
the Town of Los Altos Hills.
14.8.4 Allowance for Business Use of a Privately-owned Device
A. Employees who use their privately-owned mobile device for official Town
business may request reimbursement for actual charges incurred as a result of
that authorized use for Town business. It is the employee's responsibility to
receive prior authorization from his/her department head to use a privately-
owned mobile device for official Town business.
B. Employees who are required to report to the Town in the event of an
emergency are provided a mobile device where deemed necessary by the City
Manager. To reduce the Town's carrying cost for these mobile devices, the
City Manager may offer an employee the option of designating his/her
privately-owned mobile device for use in the event of an emergency.
C. If an employee designates his/her privately-owned mobile device for use in
the event of an emergency,the City Manager may provide a fifteen dollar and
zero cents ($15.00) per month allowance to maintain the privately-owned
mobile device. Employees receiving the allowance are required to maintain
an active mobile device and provide the mobile device's contact information
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to the Town. The contact information will be included on the Town's
emergency contact roster.
14.8.5 Appropriate disciplinary action,in accordance with Section 10,may be taken if
an employee is found in violation of this policy.
14.8.6 No Expectation of Privacy - Town employees shall have no expectation of
privacy in their use of use of mobile communication devices including but not
limited to: cellular phones, pagers, satellite phones, personal digital assistants
(PDA)or any other electronic device that is provided to Town employees that has
the capability of allowing employees to participate in telecommunications
activities.
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14.9 INTERNET AND ELECTRONIC MAIL POLICY
14.9.1 Purpose
This policy is set forth to ensure that use of the Internet, electronic equipment,
software, hardware, computers and associated use of electronic mail and
electronic communications of all kind by employees of the Town of Los Altos
Hills is consistent with Town policies, all applicable laws, and the individual
user's job responsibilities. Non-exempt employees shall not be allowed to use
any such equipment or resources to conduct any work outside of regular work
hours without the express permission of their Department Head.
14.9.2 Scope
This policy applies to all employees as well as appointed officials of the Town
of Los Altos Hills, or other persons and volunteers who use or have Internet
access through the Town's electronic systems. It applies to all use of such
systems regardless of location.
14.9.3 Policy
A. Ownership/Access - All electronic equipment, software, hardware,
computers and electronic communication devices are the proporty of the
Town.—Access and mail software that runs on Town computers and
network equipment is licensed by the Town on a per user basis and is
subject to audit. All Internet access and the software and hardware for that
access must be authorized by the City Manager. A condition of
authorization is that all Internet users must read this policy and applicable
policies regarding use of the Town's electronic systems. The
Administrative Services Director will keep a register of all Internet users
and associated e-mail addresses and a listing of all passwords and other
security codes. Any documents created, sent and stored using the Town's
software and hardware are the property of the Town, and the Town
reserves the right to inspect such documents, including the monitoring of
system access and use.
B. Unacceptable Use
1. The Internet, electronic equipment, software, hardware, computers and
associated use of electronic mail and electronic communications of all
kind by employees of the Town Access to the Internet and e mail via
Town resources can only be used for legitimate Town
businesspurposes. To this end, it is unacceptable for a user to use,
submit,publish, display or transmit on the network or on any computer
system any information which:
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a. Violates or infringes on the rights of any other person, including
the right to privacy;
b. Contains defamatory, false, abusive, obscene, pornographic,
profane, sexually oriented,threatening or illegal material;
c. Violates Town policy or departmental regulations regarding
harassment and discrimination;
d. Restricts or inhibits other users from using the system or the
efficiency of the computer systems;
e. Intercepts messages not addressed to the user, except as required
by technical, supervisory or management personnel in order to
diagnose and correct delivery problems or to fulfill other
management functions;
f. Constructs e-mail so it appears to be from another party;
g. Is intended to impede, damage,bring down another party's system,
or to commit any other form of electronic sabotage;
h. Encourages the use of controlled substances or uses the system for
the purpose of criminal intent; or
i. Uses the system for any other illegal purpose.
2. It is also unacceptable for a user to use the facilities and capabilities of
the system to:
a. Conduct any non-approved business;
b. Solicit the performance of any activity that is prohibited by law;
c. Transmit material, information, or software in violation of any
local, state or federal law; or
d. Make any unauthorized purchases.
3. Internet and e-mail resources are provided to users for conducting
Town business. Users are expected required to limit personal usage of
internet and e-mail resources to activities which do not interfere with
Town work or Town activities and to times which occur outside of the
Town's regular hours of operation that is from 8:00 a.m. to 12:00 p.m.
and from 1:00 p.m. to 5:00 p.m., Monday through Friday. The limited
permissable personal use of these resources outside of business hours
must be appropriate, and any misuse or misconduct resulting from
such use shall lead to discipline,up to and including termination.
C. Copyrighted Material - Users may download copyrighted material, but its use
must be strictly within the agreement as posted by the author or current
copyright law, which protects and prohibits misuse of all original works of
authorship in any tangible medium of expression.
D. Public Domain Material - Any user may download public domain programs
for the Town's business-related use, or may redistribute a public domain
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program non-commercially only with approval of the appropriate department
head.
E. Compliance with Law -All use of the Internet via Town resources must be in
compliance with all federal, state and local policies as well as Town policies.
F. Security- The safety and security of the Town's network and resources must
be considered at all times when using the Internet and e-mail systems,
especially when downloading resources from other sites. Users must assist in
keeping the network secure by following the account authorization process
log-on procedures and password protection requirements established when
access is given. No user should password-protect any file or document
without immediately providing the complete file and/or document name and
password to the City Manager.
G. Internet Content --Individual users should be aware that the Town has no
control over, and can therefore not be responsible for, the content of
information available on the Internet or e-mail systems. The Town reserves
the right to use available technology to screen out information that may be
offensive. However, because new sites are added daily, such technology may
not block all sites that may contain offensive material.
H. Disclaimers --Employees and Town representatives are expected to
communicate in a professional manner that will reflect positively on them and
the Town of Los Altos Hills. Because use of the Internet, particularly e-mail,
may be subject to disclosure in any litigation or claim process, users must be
aware of and at all times attempt to prevent potential Town liability in their
use of the Internet. Any communication is expected to conform to standards
of confidentiality, which apply to all Town communications and
correspondence. Users should also avoid making statements which do not
represent an official policy or Town position.
I. External Resources --Resources which involve executable or binary files
must not be downloaded without being properly scanned for viruses.
Resources which are not used for a clear Town purpose must not be accessed
or downloaded. Resources of any kind, for which there is a fee, must not be
accessed or downloaded without prior approval of the City Manager. Public
access databases (e.g., World Wide Web servers, File Transfer Protocol
servers) must not be created or implemented without prior approval by the
City Manager.
J. E-Mail — All communications transmitted on the Town's computer systems
are the property of the Town. Electronic Mail (e-mail), both internal and
external, is considered network activity, thus it is subject to all policies
regarding acceptable/unacceptable uses of the Internet and the user should not
consider e-mail to be either private or secure. Users should be aware that e-
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mail may be a public record and subject to public record regulations with
respect to scheduled retention and disposition. Anonymous and unsolicited e-
mail is much more likely to be received from external sources than from
within. It is recognized that some protection must exist for users whose
simple reception of an unsolicited e-mail would otherwise constitute a
violation of this or other CityTown policy. Accordingly, it is not a violation
of this policy for users who receive such e-mail content to review such
material as long as it is promptly discarded and is not viewed or read by
others. Finally, use of"all employees" or similar function intended to send e-
mail to all Town users should be minimized to ensure users do not receive an
inundation of unnecessary e-mail.
K. Responsibility - Each individual user is responsible for complying with this
and all other relevant policies when using the Town's resources for accessing
the Internet. Use of these same resources in violation of this policy may be
grounds for disciplinary action,up to and including termination
L. Retention — Internet and e-mail resources should not be considered an
archival or retention system. Messages should be printed onto paper and filed
with the appropriate project or subject prior to erasure from the system.
M. No Expectation of Privacy - Town employees shall have no expectation of
privacy in their use of the internet, e-mail or any Town software, hardware,
computers or electronic devices of any kind. The Town reserves the right to
inspect and shall inspect employee use of the internet, email, computers and
all electronic devices.
14.9.4 Disciplinary Action
Appropriate disciplinary action, in accordance with Section 10, may be taken if
an employee is found in violation of this policy.
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14.10.FRAUD POLICY
The Town of Los Altos Hills is committed to protecting its assets against the risk of loss
or misuse. Accordingly, it is the policy of the Town to identify and promptly investigate
any possibility of fraudulent or related dishonest activities against the Town and, when
appropriate,to pursue legal remedies available under the law
14.10.1 General Provisions
A. Purpose - To establish policy to ensure that employees are aware of what
acts are considered to be fraudulent, what the procedures are for reporting
suspected fraudulent acts, and what steps are to be taken when fraud or
other related dishonest activities are suspected.
B. Definitions
1. Fraud — Fraud and other similar irregularities include, but are not
limited to:
a. Claim for reimbursement of expenses that are not job-related or
authorized by the current Town Reimbursement Policies.
b. Forgery or unauthorized alteration of documents (checks,
promissory notes, time sheets, independent contractor
agreements,purchase orders,budgets, etc.).
c. Misappropriation of Town assets (funds, securities, supplies,
furniture, equipment, etc.).
d. Improprieties in the handling or reporting of money transactions.
e. Authorizing or receiving payment for goods not received or
services not performed.
f. Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or misappropriation
of Town-owned software.
g. Misrepresentation of information on documents.
h. Any apparent violation of Federal, State, or local laws related to
dishonest activities or fraud.
i. Seeking or accepting anything of material value from those doing
business with the Town including residents,vendors, consultants,
contractors, lessees, applicants, and grantees. Materiality is
determined by the Town's Conflict of Interest Code which
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incorporates the Political Reform act of 1974, Regulations of the
Fair Political Practices Commission ( 2 Cal.Admin.Code
Sections 18100 et seq. ), and any amendments to the Act or
regulations.
2. Employee—In this context, employee refers
to any individual or group
of individuals who receive compensation, either full- or part-time, from
the Town. The term also includes any volunteer who provides services
to the Town through an official arrangement with the Town or a Town
organization.
3. Manager or Management — In this context, manager or management
refers to any administrator, manager, director, supervisor, or other
individual who manages or supervises funds or other resources,
including human resources.
14.10.2 Policy
A. It is the Town's intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial
investigation will be conducted regardless of the position, title, length of
service, or relationship with the Town of any party who might be involved
in or becomes the subject of such investigation.
B. Each department of the Town is responsible for instituting and maintaining
a system of internal control to provide reasonable assurance for the
prevention and detection of fraud, misappropriations, and other
irregularities. Management should be familiar with the types of
improprieties that might occur within their area of responsibility and be
alert for any indications of such conduct.
C. Employees will be granted whistle blower protection when acting in
accordance with this policy.
C.When informed of a suspected impropriety, neither the Town nor any person
acting on behalf of the Town shall:
1. Dismiss or threaten to dismiss the employee reporting the
impropriety because of said reporting;
2. Discipline, suspend, or threaten to discipline or suspend that
employee because of said reporting;
3. Impose any penalty upon that employee because of said reporting;
or
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4. Intimidate or coerce that employee for that employee's role in
reporting the suspected impropriety.
5. This section is intended to protect employees from retaliation for
reporting suspected improprieties. It shall not be construed as
absolving an employee of responsibility for his or her own
fraudulent activity; any such fraudulent activity shall be subject to
disciplinary action.
&D.Violations of the whistle blower protectionthis policy will result in
discipline up to and including dismissal.
RE. Upon conclusion of the investigation, the results will be reported to
the City Manager.
1. The City Manager, following review of investigation results, will
take appropriate action regarding employee misconduct.
Disciplinary action may include referral of the case to the District
Attorney's Office for possible prosecution.
2. The Town will pursue every reasonable effort, including court
ordered restitution, to obtain recovery of Town losses from the
offender, or other appropriate sources.
14.10.3 Procedures
A. City Council and Committee/Commission Appointee
Responsibilities
1. If a City Councilmember or an Appointee has reason to suspect that
a fraud has occurred, he or she shall immediately contact the City
Manager.
2. The City Councilmember or Appointee member shall not attempt to
investigate the suspected fraud or discuss the matter with anyone
other than the City Manager.
3. The alleged fraud or audit investigation shall not be discussed with
the media by any person other than through the City Manager in
consultation with the City Attorney and the Administrative Services
Director.
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B. Employee Responsibilities
1. A suspected fraudulent incident or practice observed by, or made
known to, an employee shall be reported to the employee's
supervisor. If the employee believes that the supervisor may be
involved in the inappropriate activity, or if there is any other reason
the employee believes it would not be appropriate to report to the
supervisor, the employee shall make the report directly to the next
higher level of management and/or to the City Manager.
2. The reporting employee shall refrain from further investigation of
the incident, confrontation with the alleged violator, or further
discussion of the incident with anyone, unless requested by the City
Manager, City Attorney or law enforcement personnel.
C. Management Responsibilities
1. Managers are responsible for being alert to, and reporting,
fraudulent or related dishonest activities in their areas of
responsibility.
2. Each manager should be familiar with the types of improprieties
that might occur in his or her area and be alert for any indication
that improper activity, misappropriation, or dishonest activity is or
was in existence in his or her area.
3. When an improper activity is detected or suspected, or when a
manager receives a report of suspected activity from an employee,
the manager shall inform his or her immediate supervisor and/or the
Department Head.
4. Management should not attempt to conduct individual
investigations, interviews, or interrogations. However,
management is responsible for taking appropriate corrective actions
to ensure adequate controls exist to prevent reoccurrence of
improper actions.
5. Management should support the Town's responsibilities and
cooperate fully with other involved departments and law
enforcement agencies in the detection, reporting, and investigation
of criminal acts, including the prosecution of offenders.
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6. Management must give full and unrestricted access to all necessary
records and personnel. All Town furniture and contents, including
desks and computers, are open to inspection at any time. There is
no assumption of privacy.
7. In dealing with suspected dishonest or fraudulent activities, great
p
care must be taken. Therefore, management should avoid the
following:
a. Incorrect accusations.
b. Alerting suspected individuals that an investigation is underway.
c. Treating employees unfairly.
d. Making statements that could lead to claims of false accusations
or other offenses.
8. In handling dishonest or fraudulent activities, management has the
responsibility to:
a. Make no contact (unless requested)with the suspected individual
to determine facts or demand restitution. Under no
circumstances should there be any reference to "what you did",
"the crime", "the fraud","the misappropriation", etc.
b. Avoid discussing the case, facts, suspicions, or allegations with
anyone outside the Town, unless specifically directed to do so by
the City Attorney.
c. Avoid discussing the case with anyone inside the Town other
than employees who have a need to know such as the City
Manager, City Attorney, or law enforcement personnel.
d. Direct all inquiries from the suspected individual, or his or her
representative, to the City Manager or City Attorney. All
inquiries by an attorney of the suspected individual should be
directed to the City Attorney. All inquiries from the media
should be directed to the City Manager.
e. Take appropriate corrective and disciplinary action, up to and
including dismissal, after consulting with the Administrative
Services Director, in conformance with the Town's Personnel
Policy Manual.
4.10.4 Investigation and Action
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A. The Department Head shall inform the City Manager and the
Administrative Services Director of suspected activity involving fraud or
related dishonest activity.
B. The Department Head, Administrative Services Director, and City Manager
will determine how best to investigate the suspected activity; typically
either the Department Head or the Administrative Services Director, or a
designated representative,will be assigned to conduct the investigation.
C. At the conclusion of the investigation, the investigator will report to the
Department Head, City Manager, and Administrative Services Director.
D. If evidence is uncovered showing possible dishonest or fraudulent
activities,the investigator will proceed as follows:
1. Advise management, if the case involves staff members, to meet
with the Administrative Services Director to determine if
disciplinary actions should be taken.
2. Report to the Administrative Services Director such activities in
order to assess the effect of the illegal activity on the Town's
financial statements.
3. Coordinate with the Town's Risk Manager regarding notification to
insurers and filing of insurance claims.
4. Take immediate action, in consultation with the City Attorney, to
prevent the theft, alteration, or destruction of evidentiary records.
Such action shall include,but is not limited to:
a) Removing the records and placing them in a secure location, or
limiting access to the location where the records currently exist.
b) Preventing the individual suspected of committing the fraud
from having access to the records.
5. If employees are contacted by the news media regarding an alleged
fraud or audit investigation, the employee will consult with the City
Manager, and the City Attorney as appropriate, before responding
to a media request for information or interview.
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6. Unless exceptional circumstances exist, a person under
investigation for fraud is to be given notice in writing of essential
particulars of the allegations following the conclusion of the audit.
Where notice is given, the person against whom allegations are
being made may submit a written explanation to the Administrative
Services Director no later than seven calendar days after notice is
received.
7. The Administrative Services Director will be required to make
recommendations to the appropriate department for assistance in the
prevention of future similar occurrences.
14.10.5 Exceptions
A. There will be no exceptions to this policy unless provided and approved in
writing by the City Manager and the City Attorney.
B. If the City Manager is suspected of fraud, that claim shall be addressed
directly to the City Attorney. The City Attorney shall enforce the spirit of
this policy and report to the City Council as appropriate.
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14.11 DRIVER SELECTION POLICY
14.11.1. Driver Selection
The Town has adopted these guidelines for the selection of all employees who may operate any
vehicle and/or equipment or their personal vehicle on behalf of the Town. Preventing driving-
related accidents and injuries begins during the hiring process.
A. Application for employment
To ensure the Town hires qualified candidates into positions that require or may require
driving, we require applicants to provide the following with the employment application:
1. Driver's license number and expiration date
2. Proof of Insurance
B. Motor Vehicle Report
Simply having a valid driver's license does not automatically qualify an employee or
prospective employee to operate a motor vehicle on behalf of the Town:
1. Applicants - Upon verification of a valid driver's license , the Town will obtain
and review the most recent MVR to determine if it is acceptable based on the
criteria contained in this policy.
2. Employees—All employees who drive while working at the Town will be enrolled
in the DMV Motor Vehicle Employer Pull Notice Program (EPN). The reports
will be reviewed to determine that employees remain eligible to operate Town
vehicles and their personal vehicles while working on behalf of the Town.
3. MVR Criteria — The Town will review MVRs in accordance with the criteria
contained in Section 2 of this policy. For each employee enrolled in the EPN
Program, the DMV will issue an updated MVR. The MVR is automatically
issued periodically and when there is activity on a requested employee's report.
The focus will be on the frequency and severity of accidents and traffic violations
over the past five years.
C. Road Testing
Each employee whose job description requires him or her to have either a Class A or
Class B license as part of his or her job must pass a road test given by a qualified
supervisor to ensure he or she is familiar with the safe operation of the vehicle.
D. Driver Training
Driver training should be provided to all employees who operate Town vehicles or
personal vehicles while working on behalf of the Town in the course of their
employment. The program will address the following:
1. Vehicle safety policies
2. Safety, emergency features, and limitations of vehicles
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3. Recommended vehicle maintenance and inspection schedules
4. Defensive driving techniques*
5. Method for reporting vehicle accidents*
6. Use of accident reporting packs, including cameras to document an accident scene
and people involved*
7. Distracted driving policy*
* Employees who operate personal vehicles while working on behalf of the Town
should receive training in these identified areas.
E. Safe Driving Best Practices
All employees must understand defensive and focused safe driving best practices.
1. Driving safely is your number one priority. Obey all traffic signs and signals and
stay within the speed limits. Your greatest responsibility is to the safety of other
drivers,pedestrians and passengers.
2. Know how to safely operate the vehicle
3. Inspect the vehicle prior to use at the start of the work shift and report any unsafe
conditions to the supervisor immediately using the vehicle inspection report
4. Do not permit any passengers to ride on or in the vehicle at any time unless they
are on official business and use a seatbelt
5. Understand and practice the rules of defensive driving
6. Stay within legal speed limits and drive prudently, taking into consideration
weather,traffic, and road condition
7. Do not engage in behavior which distracts your attention from driving.
8. Comply with the Town's distracted driving policy (refer to Section 4 of this
policy).
14.11.2. Classification of Motor Vehicle Report(MVR)Risks
A. Clear Motor Vehicle Report(MVR)
An MVR with no activity in the last three years and no major violations in the last five
years
B. Acceptable MVR
An MVR with no major convictions in the last five years and no more than:
One at-fault accident in the last three years; or
Two minor convictions in the last three years; or
One at-fault accident and one minor conviction in the last three years
C. Borderline MVR
An MVR with no major convictions within the last five years and:
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1. Any driver involved in three or more accidents in a twelve-month period—
regardless of fault—should have his or her driving record reviewed and re-
evaluated
2. One major conviction from three to five years old; or
3. One at-fault accident and two minor convictions; or
4. Three minor convictions; or
5. Two at-fault accidents; or
6. Two at-fault accidents and one minor conviction
Possible actions for employees with borderline MVRs/and or on the job
accidents
• Counsel or warn the employee that employment may be jeopardized if there
are additional violations or accidents, and that a report will be placed in their
personnel file.
• Shift the employee to a non-driving position.
• If a non-driving position is not an option, implement some additional controls
such as driver training with supervision by a manager to reinforce defensive
driver training.
• Eliminate or restrict use of Town vehicles
• Restrict or eliminate use of privately owned vehicles for Town business
D. Unacceptable Motor Vehicle Report(MVR)
1. One or more major convictions in the last three years; or
2. Four or more minor convictions in the last three years; or
3. Three or more at-fault accidents in the last three years; or
4. Any combination of minor convictions and at-fault accidents totaling four or more
14.11.3. Distracted Driving(Use of cell phones and wireless devices)
All employees must adhere to all federal, state, and local rules and regulations regarding the
use of cell phones and wireless devices while driving. The Town requires the following:
■ All drivers aged 18 and over must use a hands-free wireless device while driving.
■ All drivers under the age of 18 are prohibited from using a wireless telephone or
other electronic or mobile services device to speak or text, even hands free, while
operating a motor vehicle, except to call police, fire or medical authorities in
an emergency situation.
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Personnel Rules&Regulations
■ Employees are prohibited from using a wireless device to write, send or read text-
based communications while driving.
• Do not use a wireless device while driving unless it is an emergency and it is not
safe to pull off the road. Even with hands-free functionality, use of a wireless
device while driving can cause unnecessary distractions and pose safety risks.
Employees who must use a wireless device in the performance of their daily work
are expected to follow the policy guidelines set forth below:
Best Practices for drivers 18 and over
• Be knowledgeable. Understand how to use your wireless device.
• Refrain from placing or receiving unnecessary calls. Allow voice mail to
handle your calls and return them when it is safe and convenient.
• Keep any necessary conversations brief.
• Never take notes or look up information while driving. Pull off the road if
the call is distracting or reading/writing is required during the call.
• Place calls when car is stopped or time the placement of the call to
coincide with red lights. Pull over to the side of the road if necessary.
• Never dial while vehicle is in motion.
• Use memory dialing. Pre-program frequently dialed numbers or use voice
recognition dialing.
• Position the wireless device within easy reach and as close to eye level as
possible to avoid taking eyes off the road.
• Suspend conversations during hazardous situations, including high
pedestrian traffic, congested traffic or severe weather conditions.
• Do not engage in stressful or emotional conversations that may divert your
attention from the road.
• Actively compensate for the potential distraction created by wireless
device use, move to slower travel lanes, increase your following distance
and frequently check your mirrors to assess the immediate driving
situations.
14.11.4. Definitions
A. Authorized Drivers
Authorized drivers are those employees that have been identified, by verification of their
driving record through the DMV, as:
1. Having an acceptable driving record in accordance with those set forth in this
policy;
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2. Received approval to drive Town vehicles or their own personal vehicle from the
driver's manager or supervisor, and
3. Have met any other requirements set forth by the Town
B. Motor Vehicle Report
A motor vehicle report is a report by the State of California, Depaitment of Motor
Vehicles. It details the driving record, by individual names and driver license numbers,
for each request submitted and indicates the status of the applicable driver's license.
C. Major Convictions
Major Convictions include,but are not limited to,the following:
1. Driving under the influence of alcohol or drugs. This includes prescription drugs
that bear the warning that operating machinery or a motor vehicle while using this
drug is unsafe,
2. Driving while impaired,
3. Reckless driving,racing, or speed contest,
4. Failure to report an accident,
5. Making a false accident report,
6. Vehicular homicide or manslaughter,
7. Attempting to evade a police officer,
8. Driving with a suspended or revoked license,
9. Speeding in excess of 25 mph more than the posted speed limit, and
10. Hit and run
D. Minor Convictions
Minor Convictions shall include any moving traffic violation other than a major
conviction. Examples include,but are not limited to,the following:
1. Speeding less than 25 mph over the posted speed limit,
2. Running a stop sign or red light,
3. Improper turn,
4. Crossing a double-yellow line,
5. Failure to wear a seatbelt,
6. Failure to yield, and
7. Following too close.
E. Technical Violations
These include,but are not limited to,the following violations:
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1. Motor vehicle equipment, load, or size equipment,
2. Improper display or failure to display license plates,provided such plates exist,
3. Failure to sign or display registration card, and
4. Failure to have driver's license in possession provided a valid driver's license
exists
F. At-Fault Accidents
An accident arising out of the use of a motor vehicle due to the negligence of the operator
for which the operator was at fault or any other accident where reasonable assurance of
non-fault cannot be furnished. Also, an accident resulting in damage to any vehicle
greater than$500, bodily injury, or death must be reported to the DMV. These accidents
count against a driver's record. A Traffic Accident Report (SR1) must be filed for all
accidents. This form is available from any DMV or California Highway Patrol office.
G. Accident Prone Driver
Any driver involved in three or more accidents in a twelve-month period—regardless of
fault—will have his or her driving record reviewed and re-evaluated.
14.11.5. Accident Reporting
Any driver involved in an accident or incident involving injury and/or damage during motor
vehicle operation, whether it be on public rights of way, private property, or Town owned
property, must immediately notify Town Management of the occurrence. Failure to
immediately notify management of any incident involving a motor vehicle (including heavy
equipment,mowers, etc.)will result in disciplinary action up to and including termination.
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Town of Los Altos Hills
Classification and Compensation Plan
Classification and Compensation Plan
Resolution No.70-11 Page 105
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Classification and Compensation Plan
Insert Resolution
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Town of Los Altos Hills
Classification and Compensation Plan
CLASSIFICATION AND COMPENSATION PLAN
The purpose of the compensation plan is to outline the compensation package for eligible
employees and their eligible dependents. Eligibility is determined by Section 7.7 of the
Town's Personnel Rules and Regulations unless otherwise defined in the benefit
description.
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Town of Los Altos Hills
Classification and Compensation Plan
SECTION 1
AUTHORIZED CLASSIFICATIONS AND SALARIES
1.1 Monthly Salary Schedule by Permanent Employee Classification*
Effective July 1,2011
� .,.. .....___........�..._._..__. _...... _,__. _.�. ,,_.__.Annual Range Hourly �Ran e
mm _ Bottom I Top Bottom I Top ,
City Manager' s Office
t ,City Manager Set by contract salary
City Clerk $ 67,656 $ 109,308 salary
I Public Safety Officer $ 53,532 $ 65,076 salary
!Administrative Services I
} Director-Administrative Services $ 120,528 $ 162,780 salary
Finance Manager $ 78,012 $ 94,824 salary
I Office Specialist I/II $ 42,516 $ 58,392 $20.4396 $28.0720
. ...,...,.... -...-.._.,_............ ..,.,.,..._,....e..,.,.,.....,......................_.w......._.._.....A_.__.....,...,.._...__................e..;..,............_..............-,_....... .....,..._.,..a.._.,.,.......��... mo......._.-...
Planning,Building,Parks&Recreation I I
f
I Director-Planning&Building $ 120,528 $ 162,780 salary
Senior Planner $ 78,012 $ 94,824 $37.5043 $45.5867
Associate Planner $ 69,612 $ 84,612 $33.4660 $40.6773
Assistant Planner $ 62,292 $ 75,720 $29.9469 $36.4024
Building Official $ 74,292 $ 90,300 $35.7159 $43.4118
Community Development Specialist $ 51,816 $ 67,656 $24.9106 $32.5258
Planning/Building Technician $ 51,816 $ 62,976 $24.9106 $30.2758
r Community Services Coordinator $ 55,656 $ 67,656 $26.7567 $32.5257
Barn Manager $ 52,236 $ 63,492 salary
, Parks&Recreation Facility Aide $ 37,836 $ 45,984 $18.1897 $22.1068
! ,
Public Works ,
Director-Public Works $ 120,528 $ 162,780 salary
r-Associate Engineer $ 75,492 $ 91,764 $36.2928 $44.1156
Assistant Engineer $ 64,968 $ 78,972 $31.2334 $37.9658
Engineering Technician $ 58,392 $ 70,980 $28.0720 $34.1237
Maintenance Superintendent $ 72,336 $ 87,924 $34.7756 $42.2695
Maintenance Worker III $ 52,236 $ 63,492 $25.1125 $30.5238
Maintenance Worker II $ 47,484 $ 57,720 $22.8280 $27.7489
im Maintenance Worker I $ 42,036 $ 51,096 $20.2088 $24.5644
*See Section 1.2 for Meritorious Range
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Classification and Compensation Plan
1.2 Meritorious Range
At the City Manager's discretion, an employee at top salary on the Salary Range may be
awarded a monthly salary of up to 5% above top salary in recognition of exemplary
performance. Meritorious awards may be revoked by the City Manager, at any time and
without cause, and automatically expire at the end of each fiscal year.
1.3 Temporary and Part-Time Employee Salaries
Temporary and Part-Time employees are paid an hourly rate equivalent to the monthly
rate for permanent employees in a like classification at a salary commensurate with the
employee's experience. If there is no related permanent employee classification, the City
Manager shall set a temporary rate not to exceed$25.00 per hour.
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Classification and Compensation Plan
SECTION 2
LEAVE
Administrative Leave—See Section 6.11
Bereavement Leave—See Section 6.8
Catastrophic Leave—See Section 6.3
Compensatory Time(Comp Time)—See Section 6.6
Family and Medical Leave—See Section 6.12
Holidays—See Section 6.4
Jury Duty—See Section 6.7
Leave Without Pay—See Section 6.14
Military Leave—See Section 6.9
Pregnancy Disability Leave—See Section 6.13
Sick Leave—See Section 6.2
Vacation Leave—See Section 6.5
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Classification and Compensation Plan
SECTION 3
HEALTH AND WELFARE
3.1 Cafeteria and Flexible Benefit Plan
Effective January2012cafeteria 1, ,the e cafe ena plan flexible dollar amount will be as follows:
Level of coverage Monthly Flexible Dollar Amount
Employee $610.44
Employee plus one $1220.88
Employee plus two or more $1587.14
The flexible dollar amount may be used to select any of the PEMHCA medical plans
available to the employee or any other benefits available in the Town's Cafeteria and
Flexible Benefit Plan. In 2012 the additional Plan options shall include short-term
disability, hospital confinement indemnity, hospital confinement sickness indemnity,
hospital intensive care, accident, cancer/specified disease, lump sum critical illness,
specified health event benefits and a flexible spending account option. Employees
selecting a plan or benefits for which the cost is greater than the Town's applicable
flexible dollar amount shall pay the excess cost. Eligible employees with proof of
insurance from another source may elect to receive an opt-out payment in-lieu-of
participating in the Town's Cafeteria Flexible Benefit Plan. Opt-out payments are:
Level of coverage Monthly opt-out payment
Employee Only&
Employee plus one $460.00
Employee plus two or more $600.00
The Town shall adjust the monthly flexible benefit contribution on an annual basis.
3.1 Cafeteria Plan
The 2011 cafeteria plan provides plan participants with a flexible dollar amount
Ca1PERS Public Employees Medical and Hospital Care Act (PEMHCA), Bay Area
region. Effective January 1, 2012 and adjusted each January 1 thereafter, the cafeteria
plan flexible dollar amount will be capped at the Kaiser premium, by level of coverage,
-- ,
_ • -- - -
PEMHCA medical plans available to the employee. Employees selecting a medical plan
for which the cost is greater than the Town's flexible dollar amount shall pay the cxces3
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Resolution No.70-11 Page 111
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Town of Los Altos Hills
Classification and Compensation Plan
to receive an opt out payment in lieu of Town paid medical. Opt out payments are:
Level of coverage . .. . ••-•
$4.60.00
Employee plus two or more $600.00
3.2 Designated Health Contribution Toward Health Premium
The Town contracts with PEMHCA for health insurance and pays the minimum monthly
health contribution toward the health premium, as established by PEMHCA on an annual
basis, for eligible employees, elected officials, and qualifying retirees. For eligible
employees, this benefit begins on the first day of the calendar month following the
employee's hire date and terminates on the last day of the calendar month following the
employee's separation date. For 2012, the PEMCHA contribution for health is $112 per
month for eligible employees, elected officials, and qualifying retirees. Retirees will be
required to qualify as Ca1PERS annuitants and meet all statutory and legal requirements
necessary to receive this benefit. The $112 health contribution is included in the
Cafeteria and Flexible Benefit fund amounts described in Section 3.1.
3.2 Health Plan
The Town contracts with PEMHCA for health insurance and pays the minimum
monthly premium, as established by PEMHCA on an annual basis, for eligible
calendar month following the employee's separation date.
3.3 Dental Plan
The Town contracts for dental insurance and pays the full premium for eligible
employees, elected officials and their eligible dependents. This benefit begins on the first
day of the calendar month following the employee's hire date and terminates on the last
day of the calendar month following the employee's separation date.
3.4 Vision Plan
The Town contracts for vision insurance and pays the full premium for eligible
employees, elected officials, and their eligible dependents. This benefit begins on the first
day of the calendar month following the employee's hire date and terminates on the last
day of the calendar month following the employee's separation date.
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Town of Los Altos Hills
Classification and Compensation Plan
3.5 Employee Wellness
Permanent full-time employees with at least one year of service to the Town are provided
a $900 employee wellness allowance in 2011-12 for programs, activities, and equipment
that promote good health. Guidelines for the 2011-12 program will be established by the
City Manager. This benefit is made possible by a grant from the Town's Workers'
Compensation insurer and is available only for 2011-12.
3.6 Life and Accidental Death and Dismemberment Insurance
The Town contracts for a term life insurance policy and pays the full premium for
eligible employees. The benefit amount is equal to the employee's annual salary, with
the exception of the City Manager's which is set by contract. This may be a taxable
benefit to the employee.
The Town also contracts for a accidental death and dismemberment insurance policy and
pays the full premium for eligible employees. The benefit amount varies based on each
specific condition and is set by the policy document.
3.7 Long Term Disability Insurance
The Town contracts for a long term disability insurance policy and pays the full premium
for eligible employees.
Employees are insured against long-term disability through third-party insurance which
provides sixty percent (60%) of an employee's monthly earnings to a maximum benefit
of$5,000 per month, in the event of a disability which occurs outside of the work place.
Workers Compensation insurance provides coverage for on-the-job injuries. Coverage
begins ninety (90) days following a disabling event and continues to an end date
determined by the employee's age.
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Town of Los Altos Hills
Classification and Compensation Plan
3.8 Workers' Compensation
3.8.1 General Description
Through worker's compensation, employees are insured against losses due to job-
related illness or injury. Under this program, medical expenses are paid and,
while disabled, employees are eligible for weekly compensation based on their
salary.
3.8.2 Eligibility
Regular, full-time employees and part-time employees and temporary employees
are eligible for this benefit. Retired employees are not eligible for this benefit.
3.8.3 Benefit
When an employee suffers a workers' compensation injury, the employee is
eligible for receipt of two-thirds (2/3) of his/her salary or the amount statutorily
assigned by the State of California, whichever is lower, as well as authorized
health care costs, through the workers compensation claim. Employees on
workers' compensation leave may use accrued sick leave to supplement any
monetary difference between their normal rate of pay and workers
compensation's temporary disability benefits.
3.8.4 Method of Administration
Workers compensation claims are administered for the Town by a third party
administrator. All on-the-job injuries must be reported to the Finance Department
immediately. When an employee makes a workers' compensation claim, the
claim must be submitted to the Town on the appropriate claim form, and must be
accompanied with verification of the injury by a physician as well as the
recommendation that the employee be absent from work for a certain length of
time to allow recovery from the injury. The third party administrator makes the
determination as to whether a claim is eligible for payment and which medical
bills are eligible for reimbursement.
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Town of Los Altos Hills
Classification and Compensation Plan
3.9 Employee Assistance Program
3.9.1 General Description
The Employee Assistance Program is a confidential referral service for help in
dealing with many kinds of personal problems that an employee may have. This
program is an effective manner to deal with employee issues that, while affecting
employee performance, are beyond the scope of management's control. The
services provided include counseling, crisis intervention, training and
consultation.
3.9.2 Eligibility
Regular, full time employees and part time employees who regularly work twenty
(20) hours per week or more are eligible for this benefit. Part time employees
who work less than twenty (20) hours per week and temporary and retired
employees are not eligible for this benefit.
3.9.3 Benefit
The Town provides an Employee Assistance Program through Magellan
Behavioral Health, Inc (Magellan). The program offers assessment, counseling,
24-hour crisis intervention, child/elder care services, legal and financial resources,
management consultation, supervisor training and employee workshops.
3.9.4 Method of Administration
The cost of the Employee Assistance Plan is paid by the Town. Employees may
confidentially use the services of Magellan without prior approval of a Town
supervisor or City Manager.
3.10 Uniforms and Safety Gear
Town employees who work in the field may be provided uniforms and safety gear
necessary to protect the employee's well being and establish a consistent Town image.
The City Manager shall determine which employee classifications are eligible for this
benefit and what type of uniform or safety gear is appropriate.
The Town's annual budget includes a line item for this benefit and purchases must be
authorized by the employee's department head, under the general guidance of the City
Manager. Uniforms and safety gear are replaced as deemed necessary by the department
head.
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Town of Los Altos Hills
Classification and Compensation Plan
SECTION 4
OTHER BENEFITS
4.1 Deferred Compensation
4.1.1 General Description
Town employees are eligible to participate in approved deferred compensation
plans through payroll deductions. These deductions are forwarded to the
appropriate institution by the Town at the time that each payroll is issued.
4.1.2 Eligibility
Regular, full-time employees and part-time employees who regularly work twenty
(20) hours per week or more are eligible for this benefit. Part-time employees
who work less than twenty (20) hours per week and temporary and retired
employees are not eligible for this benefit.
4.1.3 Benefit
The two companies that are approved by the Town to administer this benefit are
the Hartford Insurance Group and the ICMA Retirement Trust Corporation.
Deferred compensation is self-funded with no contribution from the Town unless
otherwise stipulated by contract. Employees who elect to participate have an
amount deducted from each paycheck deposited directly into their deferred
compensation account. The amount of the maximum annual contribution is
determined by federal and state regulations.
4.1.4 Method of Administration
Deferred compensation transactions are handled as payroll deductions.
Deductions from an employee's gross pay are deposited in the appropriate
account and are itemized on the employee's check stub. Taxable income at year
end is based on an employee's post-deduction gross pay. Federal and state
income taxes are not calculated or withheld on amounts deposited in employee
deferred compensation accounts, as they are deferred until withdrawals from the
accounts begin(usually upon retirement).
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Town of Los Altos Hills
Classification and Compensation Plan
4.2 Credit Union
All Town employees are eligible to become members of the Santa Clara County
Employee's Credit Union. The advantages of the programs offered to member employees
are typical of credit union membership, at no cost to the Town.
4.3 Automobile Allowance
4.3.1 General Description
The automobile allowance provides reimbursement for the maintenance and use
of a management employee's personal vehicle for Town business. This benefit is
in lieu of a Town provided vehicle.
4.3.2 Eligibility
All management employees as defined by Section 5.2 are eligible for this benefit.
4.3.3 Benefit
Management employees will receive a monthly allowance of two hundred fifty
dollars and zero cents ($250.00) per calendar month as compensation for the use
of their personal vehicle while conducting Town business. The City Manager's
automobile allowance is set by contract.
4.3.4 Method of Administration
This benefit is paid each pay period worked during the calendar year at the rate of
two hundred fifty dollars and zero cents($250.00)per calendar month.
4.4 Parks &Recreation Program Registration Fees
The Town's non-resident surcharge for parks and recreation programs shall be waived for
employees and their dependents. If the program reaches capacity, a non-resident
employee or dependent will be required to pay the non-resident surcharge.
4.5 Tuition Reimbursement
With the advance written approval of the City Manager and upon satisfactory completion
with a grade "B" or "3.00" or better, the Town shall reimburse an eligible, permanent
employee for the cost of tuition(on a course-by-course basis) for courses having a strong
nexus to the employee's service to the Town and taken at a college, university, or
technical school. Reimbursements are limited to $1,500 per fiscal year.
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Town of Los Altos Hills
Classification and Compensation Plan
SECTION 5
RETIREMENT
5.1 Pension—Tier I
5.1.1 General Description
The Town's retirement program provides employees with benefits through their
retirement years in an amount which is based upon years of service, age of
employee at the beginning of their retirement and the three highest years'
compensation during their tenure.
5.1.2 Eligibility
All regular, full-time and part-time employees who work twenty (20) hours per
week or more hired prior to August 31, 2011 are members of the California Public
Employees Retirement System (Ca1PERS) and included in Tier I. In order to be
eligible any such employee must meet all applicable Ca1PERS eligibility rules.
5.1.3 Benefit
The Town contributes an employer share of retirement contribution based on the
gross salary for each eligible employee, and also pays the employee's share of the
retirement contribution. The employee's share is equal to 7%of their yearly gross
salary. No deduction is made from an employee's earnings for this retirement
benefit.. Employees of the Town eligible for this benefit do not pay into the
Social Security system.
The Town's contract with CalPERS provides service retirement benefits under the
"2% at 55" formula. The formula uses a multiplier of x %, times the number of
years of service, to determine retirement benefits at a given age. For example,
under the 2% at 55 formula, a retiree with 10 years of service retiring at age 55
would receive an annual retirement benefit of 20% of his/her fmal (adjusted)
annual salary. The earliest retirement date is age 50, with at least 5 years of
service. The table below shows the"benefit factor", or multiplier for the 2% at 55
plan.
14
Resolution No.70-11 Page 118
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Town of Los Altos Hills
Classification and Compensation Plan
2%@ 55
Retirement Percent
Age Per Year
X
50 1.426
51 1.522
52 1.628
53 1.742
54 1.866
55 _ '2.000
56 2.052
57 2.104
58 2.156
59 2.210
60 2.262
61 2.314
62 2.366
63 and over 2.418
5.1.4 Method of Administration
The Finance Department makes the appropriate payment to Ca1PERS with each
payroll cycle. Ca1PERS keeps detailed records of each employees account and
sends annual statements to all employees at the end of the fiscal year. Once an
employee retires, Ca1PERS administers the retirement benefit to the former
employee. Ca1PERS offers many retirement planning workshops throughout the
year to assist employees with retirement planning decisions. Details regarding the
accrual and disbursement of retirement benefits can be discussed directly with a
Ca1PERS representative.
5.2 Pension—Tier II
5.2.1 General Description
The Town's retirement program provides employees with benefits through their
retirement years in an amount which is based upon years of service, age of
employee at the beginning of their retirement and the three highest years'
compensation during their tenure.
5.2.2 Eligibility
All regular, full-time and part-time employees who work twenty (20) hours per
week or more hired after August 31, 2011are members of the California Public
Employees Retirement System (Ca1PERS) and included in Tier II. In order to be
eligible any such employee must meet all applicable Ca1PERS eligibility rules.
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Town of Los Altos Hills
Classification and Compensation Plan
5.2.3 Benefit
The Town contributes an employer share of retirement contribution based on the
gross salary for each eligible employee. The employee's share is equal to 7% of
their yearly gross salary and is deducted from the employee's earnings on a pre-
tax basis for this retirement benefit, Employees of the Town eligible for this
benefit do not pay into the Social Security system.
The Town's contract with Ca1PERS provides service retirement benefits under the
"2% at 60" formula. The formula uses a multiplier of x %, times the number of
years of service, to determine retirement benefits at a given age. For example,
under the 2% at 60 formula, a retiree with 10 years of service retiring at age 60
would receive an annual retirement benefit of 20% of his/her fmal (adjusted)
annual salary. The earliest retirement date is age 50, with at least 5 years of
service. The table below shows the"benefit factor", or multiplier for the 2% at 60
plan.
2%@ 60
Retirement Percent
Age Per Year
X
50 1.092
51 1.156
52 1.224
53 1.296
54 1.376
55
56 1.552
57 1.650
58 1.758
59 1.874
60 2.000
61 2.134
62 2.272
63 and over 2.418
5.2.4 Method of Administration
The Finance Department makes the appropriate payment to Ca1PERS with each
payroll cycle. Ca1PERS keeps detailed recordsof each employees account and
sends annual statements to all employees at the end of the fiscal year. Once an
employee retires, Ca1PERS administers the retirement benefit to the former
employee. Ca1PERS offers many retirement planning workshops throughout the
year to assist employees with retirement planning decisions. Details regarding the
accrual and disbursement of retirement benefits can be discussed directly with a
Ca1PERS representative.
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Town of Los Altos Hills
Classification and Compensation Plan
5.3 Retiree Medical Reimbursement
5.3.1 Town Retirees and Employees Receiving Town Medical Benefits as of October 11,
2007
Employees of the Town who were employed by the Town and receiving Town
medical benefits as of October 11, 2007 are eligible for this benefit upon
retirement from the Town. Additionally, retirees of the Town as of October 11,
2007 are eligible for this benefit. These eligible retirees shall receive contributions
through their retirement years towards medical benefits in an amount that is equal
to what active employees receive in the cafeteria plan. An individual must also
qualify as a Ca1PERS annuitant in order to receive this benefit. Anyone who was
not a Town retiree or employed by the Town and receiving Town medical benefits
as of October 11, 2007, will not receive this benefit.
5.3.1 General Description
The Town's retiree medical reimbursement program provides employees
5.3.2 Retirees That Were Not Employed by the Town and Receiving Town Medical
Benefits Before October 12, 2007.
Any Town employee hired or first receiving medical benefits on or after October
12, 2007 shall only be eligible to potentially receive a retiree medical contribution
equal to the PEMHCA minimum health contribution amount described in Section
3.2. Retirees will be required to qualify as Ca1PERS annuitants and meet all
statutory and legal requirements necessary to receive such a benefit.
5.3.2 Eligibility
Employees of the Town who were eligible for medical benefits as of
October 11, 2007 are eligible for this benefit upon retirement from the Town.
Additionally, retirees of the Town as of October 11, 2007 arc eligible for this
5.3.3 Method of Reimbursement
The Town shall reimburse retirees the amount deducted from their monthly
pension provided by Ca1PERS up to the maximum retiree medical contribution
they are entitled to receive pursuant to this section.
5.3.3 Benefit
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Town of Los Altos Hills
Classification and Compensation Plan
The Town shall reimburse retirees the amount deducted from their
.
5.3.4 Method of Administration
The Town will issue reimbursements to pay eligible the retirees on the first
business day following January 1 and July 1 of each year an estimated six month
premium deduction from the retiree's pension. If the estimate is less than the
actual deduction, the Town will reimburse the retiree the difference upon receipt
of written request for reimbursement from the retiree. If the estimate is more than
the actual deduction, the Town will deduct the overpayment from the next
scheduled reimbursement. All correspondence from the retiree to the Town shall
be addressed.
City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
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