HomeMy WebLinkAbout18-02 • •
RESOLUTION No. 18-02
A RESOLUTION OF
THE CITY COUNCIL OF THE TOWN
OF LOS ALTOS HILLS ADOPTINGA REVISED
PERSONNEL POLICY MANUAL
WHEREAS, the Personnel Policy Manual was last updated in 1998; and
WHEREAS, the City Manager has overseen the completion of a new personnel policy
manual, incorporating both procedural and legal changes of recent years;
NOW THEREFORE, the City Council of the Town of Los Altos Hills does hereby
approve and adopt the Personnel Policy Manual, presented as Exhibit A and attached
hereto, as the personnel rules and regulations governing the employees of the Town of
Los Altos Hills.
REGULARLY PASSED AND ADOPTED this 7th day of Feb. , 2002.
BY: ( �
ayor Pro Tem
CTE-S-
City Clerk
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Adopted February 7, 2002
SECTION 1
GENERAL PROVISIONS
1.1 COVERAGE
These rulesestablish the personnel system for the Town of Los Altos.Hills. These
rules shall apply to all employees of the Town except Sections 10 and 11, which
shall not apply to management employees (listed in Section 5.2). These employees
hold their positions at the will of the Town.Council and/or City Manager. •
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
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These Personnel`Rules and Regulations are adopted pursuant to Resolution No. 18-
02 adopted February 7, 2002 by the City Council of the Town of Los Altos Hills.
1.3 AMENDMENT OF RULES
Recommendation for amendment and revisions of these rules and regulations may be
made by the City Manager and shall become effective upon adoption by the Town
Council.
1.4 VIOLATION OF RULES
Violation of the provisions of these rules and regulations shall be grounds for
rejection of applicants or disciplinary action of incumbent employees, including
suspension,_demotion or dismissal.
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1.5 MEMBERSHIP IN EMPLOYEE REPRESENTATION ORGANIZATIONS
As provided in Chapter 10, Section 3500 to 3508 of the Government;Code, the City
Manager shall designate the employees by job title-which have been determined to
be management employees. These employees may not represent employees in any
employee groups on matters within the scope of representation and may only join
and be represented by employee organizations whose membership is restricted to
management and personnel in the same position class. All other employees of the
Town shall have the right to form, join and participate in-the activities of employee
organizations of their own choosing for,thepurposes 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,
Personnel Policy Manual . L 02/07/2002
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.
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 sufficientlysimilar 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 exempt employees.
2.8 "Demotion": The movement of an employee from one position to another which is
allocated to a classification having a lower maximum rate of pay.
2.9 "Department Head": The person appointed by the City Manager to be in charge of a
department.
2.10 "Elective Official": City Council members.
Personnel Policy,Manual 2 02/07/2002::.
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2.11 "Eligible": A person whose name is on an employment list which has been approved
by the City Manager.
2.12 "Eligible List": A list; approved by the City Manager, of names of persons who have
successfully completed an examination - which may include written, oral, practical
and/or interview components -. for a given classification in the competitive service,
and are ranked on the list in the order of the score received.
2.13 "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 in behalf of the
City Manager. Independent contractors,and members of Town Committees and
Commissions, whether or not compensated, shall not be deemed to be employees
within the meaning of these Rules.
2.14 "Examination":
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2.14.1 Open examination: Open to all persons meeting the minimum qualifications
established by the City Manager. .
2.14.2 Promotional examination: Limited to regular and introductory employees in
the competitiveservice who meet the minimum qualifications established by
the City Manager.
2.15 "Exempt Employee": An exempt employee shall be defined, for compensation
purposes, as an employee who is exempt from overtime compensation pursuant to
the federal Fair Labor Standards.Act. These employees hold their positions at the
will of the Town Council and/or.
City Manager. .
2.16 "Gross Misconduct": Gross or egregious misconduct, including but not limited to
conduct such as assault, battery, discrimination, harassment, 'fraud, theft,
embezzlement, and other conduct prejudicial to the public welfare and the
functioning ofthe employee's department or Town.
2.17 "Hourly Employee": An employee who-is subject to the overtime requirements of
the Fair Labor Standards Act (r'LSA) and whose compensation is based:on an hourly
rate.
2.18 "Introductory Period": A working test period during which an employee is required
to demonstrate fitness for the duties to which the employee is appointed by actual
performance of the duties of the position.
2.19 "Non-Exempt Employee": A non-exempt employee shall be defined, for
compensation purposes, as an employee who is not exempt from overtime
compensation pursuant to the federal Fair Labor Standards Act.
Personnel Policy Manual 3, 02/07/2002
2.20 Management Employee": An employee who holds a position designated as
"management"; these employees serve at the will of the Town Council and/or City
Manager. .
2.21 . "Overtime Work": Work which is required and authorized in excess of the basic
work week for the department and classification involved. . . .
2.22 "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:
2.23 "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.
2.24 "Personnel Officer": The City Manager or his designated representative.
2.25 "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.
2.26'. "Promotion": The movementof an employee from one position to another which is
allocated to a classification with a higher maximum rate of pay.
2.27 ' "Reclassification":. The reassignment of a position from one class to a different class
in accordance with a re-evaluation of the minimum qualifications, duties and
responsibilities of the position.
2.28 "Regular Employee": An employee who has successfully completed the introductory ,
period and has been retained with regular status as hereafter provided in these Rules.
2.29 "Reinstatement": The re-employment without examination of a former employee.
2.30 "Rejection": The separation of an employee from the service during the introductory
period..
2.31 "Salary Step Advancement'': A.salary increase of one or more steps within the limits
of the pay range established for a classification. .
2.32 "Salary Step Reduction": A salary decrease within the limits of the pay range
established for a classification.
2.33 "Suspension": The temporary separation from the service of an employee.without
pay for isciplinary purposes.
Personnel,Policy Manual 4 02/07/2002
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2.35 "Temporary Appointment": An appointment to a position of limited duration of a
person who possesses the minimum qualifications established for a particular class..
2.36 "Temporary Position":: A full-time or part-time position of limited duration.
2.37 "Termination": The separation of an employee from the Town service because of
retirement,resignation, layoff, death or dismissal.
2.38 "Town": The Town of Los Altos Hills.
2.39 "Transfer": A change of an employee from one position to another position in the
same class or in a comparable class with the same maximum rate of pay.
2.40 "Work-Week": The standard work-week for full-time employees of the Town shall
be 40 hours. For purposes of payroll, the work week begins on Sunday (midnight)
and ends on the consecutive Sunday (midnight).
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.
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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
Personnel Policy Manual. . . 5 02/07/2002 . „
person shall be appointedor employedtofill such position until the classification
plan shall have been amended to provide therefor.
3.4, ; RECLASSIFICATION
Positions, the duties of which, have.. changedmaterially so .as to necessitate
reclassification, shall be allocated by the City Manager to a more.appropriate class,
whether new or already created. Reclassification shall not be used for the purpose of
avoiding restrictions concerning demotions and promotions.
SECTION 4
THE SELECTION AND APPOINTMENT PROCESS
4.1 APPLICATION PROCESS
All openings shallbe publicized by placing an appropriate classified advertisement
regarding the position in one or more regional newspapers of general circulation,.by.
posting announcements on official bulletin, boards;.;and by such other recruiting,
activities as the City Manager deems necessary or advisable to fill a particular
position in a_way which meets: the Town's goal of obtaining the most qualified,
employees.
The Announcement shall include;. .Titleand 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
42 APPLICATION'FORMS
Job applications shall be made on forms provided by the. City Manager. : All.
applications must be completed in full and signed by the person applying.
4.3 DISQUALIFICATION OF APPLICATIONS
The City Manager 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 deceptionor 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;
Personnel Policy Manual 6 02/07/2002 -.
of the position
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3. Is• physically all orpsychologicallyunfit for theperformance
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duties, and cannot be reasonably accommodated; including, but not limited
to,impairment:caused by current abuse of alcoholor drugs,.
4. Has. been convicted of a crime' (including no. contest pleas), either: a
misdemeanorrinvolving 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;
7. Failed to submit the employment.;application correctly or within :the
prescribedtime limits; .
8. Has had his/her privilege to operate a motor vehicle in the State of California
suspended:or revoked,if driving is.,ajob requirement;
9. For any material cause which in•the judgmentof the City Manager 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 _ _ SET:FCTION PROCESS
- - After the time limit for receiving applications for a particular position has expired,
the City Manager 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 injuryy 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
Personnel Policy Manual:.. . 7 02/07/2002.
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for the preparation and certification of an eligible list. If, in his/her judgment, it is in
the Town's best interest, the City Manager may arrange an examination which is both
open and promotional.
When an employee is promoted, his/her salary shall be that approved by the City
Manager, except that the salary shall be at a step in the range which is at least equal
to or higher in salary than the employee's present base salary.
4.8 CONDUCT OF SELECTION PROCESS
The City Manager may prepare and administer or contract with any competent
agency, or individual for the administration of any part of the selection process, as'
he/she deems most appropriate.
4.9 SCORING AND QUALIFYING GRADE
•
Failure in'one part of the examination, or to meet established standards described in
the job announcement, will be grounds for declaring such applicant as failing in the
entire examination or as disqualified for subsequent parts of an examination. A
candidate's final score in a given examination shall be the average of the scores on
each competitive,part of the examination on which the applicant qualified, weighted _
as shown in the examination announcement.
4.10 NOTICE OF RESULTS
Each applicant shall be notified by mail of the examination results, including the
final earned score and ranking on the eligible list, if applicable.
4.11 ELIGIBLE LIST
After completion of any open or promotional examination, the City Manager shall
prepare-an eligible list consisting of the names of candidates who passed the entire
selection process, arranged in order of final standing, from the highest to the lowest.
Notwithstanding any other provision of these rules,if there are less than three (3)
names on an eligible list, the City Manager may declare such list void and fill the
position(s) by any method permitted by these Personnel Rules, including, but not
limited to, undertaking new recruiting and selection procedures. Eligible lists shall
become effective upon the approval by the City Manager.
4.12 ELIGIBLE LIST DURATION
Eligible lists shall remain in effect for 12 months, unless the City Manager abolishes
the list, the list is exhausted or extended by the City Manager. The City Manager
may abolish or extend the list at any time prior to the expiration of the list if he/she
determines that it is in the best interest of the Town to do so.
Personnel Policy Manual 8 02/07/2002
4.13 REMOVAL OF NAME
The name of any person appearing on an eligible list shall be removedby 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:thespecified list any of the candidates on the
eligible list.. If no person among the candidates indicates a willingness to accept the
appointment, the City Manager may request a new examination to establish a new
eligible list, or may fill the position by any other method authorized by these
Personnel Rules.
The person acceptingappointment 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 mire 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.
Personnel Policy Manual 9 02/07/2002
SECTION 5
EMPLOYMENT STATUS
5.1 INTRODUCTORY EMPLOYMENT
All original and promotional appointments. shall be tentative and subject to an
introductory period of one (1) year of actual and continuous service from the date of
appointment
5.1.1 Introductory Period Objective
The introductory period shall be regarded as a part of the.testing process and
shall• closely observing theemployee's work be used for to determine the
employee's fitness for the position.
5.12 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::13' :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 step held prior to promotion., 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 intime to,be
forwarded by the department head to the City Manager to be received at least,fifteen
(15) days prior to the last day of the introductory period.. This Performance Report
shall be accompanied by the Personnel.Action Form on which employee shall either
be recommendedfor 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 following positions are considered management employees. These
positions are held at the will of the Town Council and/or City Manager. Benefits
Personnel Policy Manual 10 02/07/2002
and rights afforded to management employees may differ from non-management
employees pursuant:to these Personnel Rules,and Regulations.
• • . City Manager.
• City Engineer/Public.Works Director
• Planning Director
• ' Public Works Manager
• Administrative Services Director
5:3 REGULAR EMPLOYMENT
Regular Full-Time Employment: Employees who successfully-complete their
introductory period and who regularly work a minimum of 40 hours per week.shall
become full-time regular employees and shall be entitled to all the benefits provided
• = herein.
•
Regular Part-Time Employment: Employees who work.in part-time positions of at
least twenty (20)hours per week and who successfully complete their introductory3.
period shall-become part-time regular employees and shall be entitled to regular`
status equal to the hours worked.,when compared to 40 hours per week. Benefits
provided for part-time:employment'shall be pro-rated based upon the comparison of
hours worked to 40 hours per week
5.4 TEMPORARY
• Without following the rules regarding recruitment and selection, the.Town may hire
employees on a temporary basis, usually for up to 180 days, or for completion of a
specific'task or project The period of temporary.appointment maybe extended by
the Town for upto an additional 180-days, but the.temporary employee may not"
work more than 1000 hours in a fiscal year.,Temporary employees may be removed
at any time.without cause, notice'or any right of appeal. Temporary employees are
not eligible for benefits.
5.5 :EMERGENCY EMPLOYMENT
To meet the immediate requirements of,an'emergency condition, such as a flood,.
earthquake, or other,public calamity which threatens public:life.or property, the City
Manager may employ such persons as may be needed for the duration of,the
emergency without regard to these rules and regulations affecting appointments. ,
Personnel Policy.Manual 11 02/07/2002.:
SECTION 6
ATTENDANCE AND LEAVES OF ABSENCE
6.1 REQUIREMENTS OF ATTENDANCE
Employees shall be in attendance at their work during the hours assigned by the
department head. Each department head shall submit attendance records to Payroll
on standardized forms and at times specified by the City Manager.
Any unauthorized absence may be cause fordisciplinary action, up to andincluding
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 leaveaccruals as a benefit for regular
employees,.as described inthe 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 isunable to report for work,;
at the beginning of his or her workday or shift as established by the department head,
shall notify his immediate supervisor or the City Manager before commencement.of
such shift:
6.2 SICK LEAVE
Sick leave is defined as absence because of illness, injury, exposure to contagious
disease, care of a sick member of the employee's.immediate family, or doctor and
' . dental appointments when it is not feasible to schedule them on the employee's own
time.
Immediate family shall mean and include the following persons and no others:
(1) A husband or wife of the employee.
(2) A.child, step-child or adopted child of the employee.
(3) A father or father-in-law or a mother or mother-in-law of the employee.
The accrual and use of sick leave shall be governed by the following provisions:
(1) Employees shall accrue sick leave at the,rate of eight (8) hours for each full
month of service.
(2) Sick leaveshall 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 -
Personnel,Policy Manual 12 02/07/2002
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4110
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.
6.3 HOLIDAYS .
Each 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 V November 11 '. V
• 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 Mondayfollowing 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. y
No employee shall be entitled to compensation for any holiday herein specified
• unless such an V employee shall have been employed by the Town on the day
preceding and the day following such holiday. F or the purposes of this paragraph, an
employee who is absent on any authorized paid leave shall be deemed to be
employed at such time. - V
6.4 VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to
return to his work mentally and physically refreshed. All full-time regular
employees shall be entitled to annual leave with pay. Vacation time shall be credited
on the first payroll date of employment and every pay period thereafter for each
regular employee.
Personnel Policy Manual 13 02/07/2002. ,
Vacation time shall be earned at the rate of eight (8)hours for each month of service,
or twelve (12) working days per year: Employees are eligible to take vacation after 6
months of service, unless otherwise authorized by the City Manager.: Commencing,
with the fifth year anniversary,including introductory period, an employee shall earn
fifteen (15) working days of vacation, and each year thereafter shall be credited as
follows:
Years of Service 'Days of Vacation
through 5 12
1
All vacation leave mustbe 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: torequesting
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 totalbalance of vacation days'.in
excess of thirty (30) working days When the employee reaches the maximum
accrual, he or she shall.'cease earning vacation until the vacation leave;balance falls.
below thirty(30)working days " '
Where a paid holiday falls during the period of an employee's vacation leave, that
day shall not be charged against the employee's vacation accrual.
6.5 =COMPENSATORY TIME OFF "
Compensatory leave can be earned pursuant to Section 7.4, when overtime hours
worked are compensated with hours, accrued at a rate of time and one-half, to be
taken at a later date. Compensatory hours are accrued, to a limit of 150 hours, and -
may be used in lieu of other types of leave, following the provisions and
requirements of vacation leave. The value of compensatory leave earned in excess
of 150 hours will be paid to employees each year on.June 30.
6.6 '. JURY DUTY/COURT APPEARANCES
Every employee who.is called or required to serve as a juror shall be entitled to be
absent..during the period of such service. Under suchcircumstances, the employee
shall be paid the' difference between their full salary and any payment received,
except travel pay, for such duty.
An employee:who is subpoenaed to appear in court in an official capacity shall be
allowed to do so without loss of compensation. Anemployee subpoenaed to appear
in court in a matter unrelated to his official capacity as an employee shall be
Personnel;Policy Manual 14 - 02/07/2002
permitted to use accrued vacation or compensatory leave for this purpose, except
where the underlying matter is brought by the employee against the Town.
6.7 BEREAVEMENT LEAVE
Employees shall be allowed paid time off in the event of a death in the immediate
family. Up to three (3) days of such leave.,shall be allowed for the death of each
member of the immediate family. linmediate family is defined as parent, spouse,
child, dependent, sibling, and grandparent by blood or marriage. The employee may
request, and the City Manager may approve in his or her absolute discretion, •
bereavement leave• in the event of the death of other individuals or an,extended
period of bereavement leave.
6.8 MILITARY LEAVE
Military leave, for active and reserve members of branches of the United States
Armed Services and the National Guard shall be granted by the City Manager in • •
accordance with the provisions of State and Federal laws. An employee requesting
leave forthis purpose shall provide ,the 'City Manager with a copy of the military
orders specifying the days, site and purpose of the activity or mission. An employee
taking military leave shall give the City Manager an opportunity, within the limits of •
State and Federal law, to determine when such Military,leaveshall be taken, and the
• - City Manager may modify the employee's work schedule to accommodate the
request for leave. To the extent allowable by law, there shall be a deduction from
accrued leave balances for any military compensation that the employeereceives,for
service during the period that he is on approved military leave.
• 6.9 INDUSTRIAL ACCIDENT LEAVE
Industrial accident leave means the absence from duty of an employee because of
work-incurred illness or bodily injury when such absence has been accepted for
coverage under the provisions of the 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.
6.9 ADMINISTRATIVE LEAVE
The City Manager may grant, as authorized by the City Council, leave to
management personnel who are not eligible for overtime pay. Such leave shall not
be deducted from vacation credits. Administrative leave is accrued on the basis of
the calendar year, with no carry-over provision to the succeeding calendar year. This
benefit is prorated to that portion of the year in which, each eligible manager is
Personnel Policy Manual 15 02/07/2002
, .
40 _ ,,
employed by the Town. Use of administrative leave is allowed at the discretion of
the City Manager.
6.11 FAMILY`AND MEDICAL LEAVE POLICY
6.11:1::STATEMENT OF POLICY ..
_
- ~ In accordance with the Family and Medical Leave Act, effective August 5, 1993 and
the Moore—Brown--Roberti Family Rights Act effective October 5, 1993 and this
policy, the Town of Los Altos 'Hills.will grant jobprotected unpaid family and
medical leave to eligible employees for up to 12 work weeks per 12—month period
for any one or more of the following reasons: '
A. The birth of a child and in order to care for such child or the placement of a -
child with the employee for adoption or foster care (leave for this reason must
be taken within the 12—month period following the child's birth or placement ,
with the employee);or
B. In order to care for an immediate family member, (as defined in Section 6.2
of these Rules and.Regulations) of the,employee, if such immediate family
.member has a serious healthcondition;::or .
'- C The employee's own-serious health condition that makes the employee unable
to perform the functions of his/her position.
6:11.2:DEFINITIONS
A. "Child" -means a person either under 18 yearsof age, or an adult dependent ,.
' child. An employee's "child" is a biological,,_adopted, foster, step—child, or
legal ward or to whom the employee stands in loco parentis. '
B. "12-Month Period" - means a rolling. 12-month period measured backward
from.the date leave is taken and continuous with each additional leave day
taken.
C. "Serious Health Condition"'- means an illness, injury, impairment, or. a '
physical or mental condition that involves:
1. ' Inpatient care;or
2. Any period of incapacity requiring absence from work for more than
three calendar days AND that involves continuing treatment by a
health care provider; or
3.' Continuing treatment by a-health care provider for a chronic,or long-
term health condition that is incurable or which, if left untreated,
would likely result in a period of incapacity of more than three
calendar days; or
Personnel.PolicyManual 16 02/07/2002
4. Prenatal care by a health care provider.
D. "Spouse" does not include unmarried domestic. partners. If both spouses
work for the Town their total leave in any 12-month period may limited to
an aggregate of 12 weeks if the leave is taken for either the birth or placement
for adoption or foster care of a childor to care for a sick parent. This
limitation does not apply to leave taken-by either spouse to care for the other
who is seriously ill. and,unable to work, to care for a child with a serious _
health condition, or for his/her own serious health condition._
E. "Continuing Treatment" -means:
1 Two or more visits to a health care provider; or
2. Two or more treatments by a health care practitioner on referral from,
or under the direction of, a health care provider; or. -
3 A single visit to a health care provider that results in a regimen`of
-continuing treatment; or •
4 In the case of a serious,long-term or chronic condition or disability
that cannot be cured, being under the continuing supervision of, but
not necessarily being actively treated by, a health care provider.
6.11.3.COVERAGE,AND ELIGIBILITY
To be eligible for family/medical leave an employee must:
1 Have worked for the Town of Los Altos Hills for at least 12 months;
and
2 Have worked at least 1250;hours for the Town during the 12 month
period immediately preceding'the commencement of the leave:
6.11.4. INTERMITTENT OR REDUCED LEAVE
A. An employee-may take leave intermittently,(a few days or a few hours.at a
time) or on a reduced leave schedule to care for an immediate family member
with a serious health condition or because of a serious health-condition-of the
employee when:"medically necessary."
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 berequired 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.
Personnel Policy Manual 17 02/07/2002
B. An employee may take leave intermittently or on a reduced leave schedule
• for birth or placement for adoption or foster care of a child only with the City
Manager's consent.
C. For regular part—time employees, the family and medical leave entitlement is
calculated on a pro rata basis. A weekly average of the hours worked over
the 12 weeks prior to the beginning of the leave will be used for calculating
the employee's normal workweek
6.11.5. 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
6.11.6. NOTICE REQUIREMENT
A. Although the Town recognizes that emergencies arise which may require
employees to request immediate leave, employees are required to give as
much notice as possible of their need for leave. If leave is foreseeable, at
least 30 days notice is required. In 'addition, if an employee knows that
s ' he/she will need leave in the future, but does not know the exact date(s) (e.g.
for the birth of a child or to take care of a newborn), the employee shall
inform his/her supervisor as soon as possible that such leave will be needed.
B. If the Town determines that an employee's notice is inadequate or the
. •employee knew about the leave in advance of the request, the Town may
delay the granting of the leave until it can, in its discretion, adequately cover
the position with a substitute.
6.11.7. MEDICAL CERTIFICATION
A. For leaves taken because of the employee's or a covered family member's ,
serious health condition, the employee must submit a completed "Physician
or Practitioner Certification" form or equivalent notice and return the
certification to the City Manager. Medical certification must be provided by
the employee within 15 days after leave is requested, or as soon as is
reasonably possible.
Personnel Policy Manual 18 • 02/07/2002
•
B. The Town may require a second or third opinion (at Town's expense),
periodic reports on the employee's status and intent to return to work, and a
• fitness-for-duty report to return to work.
C. All documentation related to the employee's or family member's medical
condition will be held in confidence and maintained in the employee's
medical records file separate from the regular personnel file.
6.11.8. EH4ECT 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
f
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 rate's that occurs while the employee is'on leave.
• C. If an employee's contribution is more than 30 days late, the Town may
terminate the employee's insurance coverage.
- D. Employees,may re-enroll in those insurance plans that they have chosen to .
discontinue while on unpaid leave on the first of the month following their
- .
E. If the employee fails'to return from unpaid family/medical leave for'reasons
other than (1) the continuation of a serious health condition of the employee
or A covered family member or, (2) circumstances beyond the employee's
control (certification required within 30 days of failure to return for either
reason), the Town may seek reimbursement from the employee for the
portion of the premiums paid by the'Town on behalf of that employee (also
known as the employer contribution)during the period of leave. '
F. An employee is not entitled to seniority or benefit accrual during periods of
unpaid leave but will not lose 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.
Personnel Policy.Manual 19 02/07/2002
4, •
6.11.9: JOB PROTECTION
• A. If the employee returns to work before or at theend of 12 weeks following a
family/medical leave, he/she will be reinstated to his/her former position or
an equivalent position with equivalent pay,benefits, status and authority.
B. The employee's restoration rights are the same as they would have been had
the employee not been on leave. Thus,if the employee's position would have
been eliminated or 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, in accordance with applicable laws, Personnel Rules and
MOUs. If the employee's same or similar position is not available, the
employee may be separated.
6.11.10. FAMILY/MEDICAL LEAVE FORMS TO BE SUBMITTED BY THE
EMPLOYEE
Employees must fill out the following applicable forms in connection with
leave under this policy:
1. . , .Request for Family/Medical Leave Form
2. Form For Certification of Physician or Practitioner .
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
6.12 PREGNANCY DISABILITY LEAVE . . .
A pregnant employee shall be entitled to a leave of absence without pay for up to
four (4) months so long as' the employee's attending physician certifies that she is
physically unable to work due to 'pregnancy or a pregnancy-related condition.
During said leave of absence without pay, 'the employee has the option, of using
accumulated sick leave,- compensatory time and/or vacation credits: Insurance
premiums will be paid by the Town to the extent that they were paid when'the
• employee was at work. only while she is using accrued.leave time. She will be
responsible to pay for her own insurance premiums.while she is on unpaid leave.
Information regarding such payments will be available in the Finance Department.
Upon expiration of the approved leave, the employee shall be_ reinstated to her
former position or to an available comparable one if the former position is abolished
during the period of leave and the employee would otherwise have been laid off.
The comparable position is one having similar terms of pay, location,job content and
Personnel Policy Manual '. 20 02/07/2002
• ,
promotional opportunities. Prior to the employee being reinstated, the department
head may require a statement from the attending physician that the employee is
physically capable of resuming the regular duties of her position.
Failure to return to work after the authorized four month leave period, causes the
employee to have no reinstatement rights.
6.13 LEAVE WITHOUT PAY
Upon the request of the employee and the recommendation of the department head, a
leave of absence without pay may be granted by the City Manager, in his or her
absolute discretion,'to an employee. Requests forleave 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_ notbe construed ,asa. break, in service or ,
employment, and rights accrued at the timethe leave is,granted shall be retained by
- -- the employee; however, vacation credits, sick leave credits, all other paid leaves,:
- - holidays and fringe benefits and other similar benefits shall not accrue to a person
granted such leave during the period of absence. Nor shall the employer be required
to maintain contributions toward group insurance or retirement coverage. During the
period of such leaves, all service and leave credits shall be retained at the levels
existing as of the effective date of the leave. However, time counted-toward an
- employee's anniversary date shall be deferred for the time of the leave without pay.
The employee shall be reinstated to his or her former position or to an available
comparable one if the former position is abolished during the period of leave and the
employee would otherwise not have been laid off.
6.14- SUPERVISORY DISCRETION
• Department heads,shall,have the discretion to place employees on sick leave when in
the judgment of the department head, the presence of the employee at work would
endanger the health and welfare of other employees or where the illness or injury of
the employee interferes with theperformance of such employee's duties.
6.15 EXHAUSTION OF LEAVES' ..
When all available leaves of absence, paid or unpaid, have been exhausted and if the
employee is not medically able to reassume the duties of his or her position, the
employee shall be placed on a re-employment list for a period of twelve (12) months.
During this period, if such position is vacant, the employee shall be offered
Personnel Policy Manual , . 21 02/07/2002
employment in the position. An employee who has been placed on such a re-
employment list who fails to accept such an offer and who has been medically
releasedfor return to duty shall be separated and removed from the re-employment
list
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 hourly positions 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 the
supervisor: The supervisor shall,be empowered to authorize or require overtime as
needed,including but not limited to the following types of situations:
• To take care of operating emergencies; .
• To handle'peak workloads or to finish incomplete-work when it is not possible or
practical to,employ.additional personnel;
• To attend meetings connected to Town business outside of regular work hours;
• To meet temporary conditions where the Town is unable to secure qualified
personnel to fill authorized positions; or
Personnel Policy Manual . . . 22.. 02/07/2002
• On other occasions as deemed necessary in the judgment of the responsible
supervisor.
Non—exemptemployees shall not be allowed to accrue overtime to perform work
unless such work has been authorized by his/her supervisor.
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. t,
At the choice of the employee, overtime,may be compensated with compensating
time off hours at the, hourly rate of one and one-half (1 '/a) times the hours of
overtime worked. The time when compensating time off may be taken shall be at the
discretion of the department head. -
"Work" shall be defined, for the purpose of determining overtime as those hours for •
which an employee is compensated by the Town for regular work, holidays, sick
leave, vacation and compensatory time off duty. These hours shall be counted
toward the accumulation of the work week as defined in this manual.
7.5 DEFINITION OF EXEMPT EMPLOYEE' -
The Town has determined that various executive, administrative and professional
employees are exempt from the overtime requirements of'the Fair Labor Standards -
Act(r'LSA). Employees in the following job classifications are considered exempt:
• City Manager
• City Engineer/Public Works Director '
• Planning Director
• Building Official
• Public Works Manager r,
• Administrative Services Director '
• Public Safety Officer
7.6 MISCELLANEOUS PAY PROVISIONS :
•
7.6.1. Out-of-Classification Pay
Employees who by assignment from the department head or 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.
Personnel Policy Manual 23 02/07/2002.
7.6.2, On Call Pay
To provide for standby readiness of the Town's.Public Works crew during off-duty
hours, an on-call schedule will be prepared at the beginning:of each calendar,years
Each,day of the year will be assigned by the Maintenance Superintendent to a crew
employee; the employee will:be available to respond to emergency'..calls'"from
County .dispatch Theon-call schedule may be updated by the Maintenance
Superintendent:as.needed to provide availability from the crew. Crew members
classified as Maintenance Worker I and Maintenance Worker II employeeswill be
compensatedfor each day of standby assignment with two hours,of straight time pay
at the Step E rate of the Maintenance WorkerII salary schedule. The Maintenance
Superintendent will be compensated for. each day of standby assignment with two
hours of straight time pay at his/her regular rate of pay.
Should an employee need to respond to a call during off-duty hours, he/she will be
compensated for.hours worked at their regular hourly rate or overtime rate as
applicable.
7.6.3 Salary Step Placement/Advancement
acement/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 costseach'fiscal year The plan provides a flexibility in wages in order to
compensate for an employee's'increased competence, experience andvalue-added to
the organization. For this'reason,. salaries are to be consistent with the applicable
steps in the Compensation Plan. No salary advancement shall bemade so as to
exceed any maximum"rate established in the`Compensation:Plan for the employee's
position.
7.6.3.1 Initial Step Placement
New employees or those assigned to new classifications shall be assigned to
that step within the range for the classification which the City Manager, with
recommendation from the appropriate department head, finds to be most
appropriate according to the 'experience, past performance, educational
accomplishments and other qualifications of the employee concerned,
provided adequate budgetary appropriations exist.
7.6.3.2 Salary Step Advancement
• Advancementfrom step to step 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 employees
hired at Step A, who shall have a salary advancement review six (6) months
after their date of initial hire. The salary advancement review shall be
contingent upon recommendation of the City Manager, based upon his/her
Personnel Policy Manual : 24 .02/07/2002
review of the employee's performance, including but not limited to review of
the following factors: increased service value of an employee to'the Town, as
exemplified by recommendations of his/her department head, performance
records, special projects accomplished, training undertaken, or other pertinent
evidence.
In the .event' an employee is .denied a step increase onthe basis of
unsatisfactory performance, the City Manager may atany time duringthe
ensuing year approve the increase effective on the,date of approval, based
upon a satisfactory performance review
•
Failure to receive a salary step increase shall notbe 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. The Town may assign a different work-week when it is deemed to
be beneficial to theTown.. The work day will ;be, determined at the City
Manager's discretion
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 b`e the
preceding work day.
7.6.6 Time Sheets
Payroll date for all employees will be compiled from time sheets.. Time
sheets shallbe in a form approved,by the City Manager, and will not be
considered complete for payroll purposes unless signed in ink by both the •
employee and appropriate supervisor.' •
7.6.7 Preparation of 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:
•
Personnel Policy Manual 25 02/07/2002.
7.6.8 Meal Period
A one (1) hour non—compensated meal period shall be providedall
employees who work eight (8)hours in one day
7.7., ELIGIBILITY FOR BENEFITS
•
Benefits are set forth and.occasionally revised by the City Councilin keepingwith
prevailing,rates.andbenefits, current costs of living, the,Town's financial condition
and policies andto other relevant factors.
73.1 Full Time 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 listedand authorized
with the approval of the Compensation Plan.
7.7.2 . Part-Time Employees
Employees holding apart-time position shall.-accrue,vacation, sick leave and
holiday credits in the proportion that their average work week bears to thatyof
full-time employees_. To•the:extent possible,other`benef is 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 Temporary Employees
Employees holding a temporary appointment shall not be provided any
• benefits other than those required.by State or Federal law.
SECTION 8
PERFORMANCE EVALUATIONS
All employees should receive an annual performancereview on or near, their
anniversary date, whether or not a step or pay increase is being considered. The
City Manager shall provide a method of reporting of individual employee
performance which relates to quantity and quality of work,;.ability, reliability,
discipline, attendance,and other factors:
The City Manager shall prescribe forms for such performance evaluations and shall
be responsible for assuring that such evaluations are adequate to provide information
to both the employee and the Town for the purposes set forth in this section. An
employee must,have a satisfactory performance evaluation inorder to be eligible for.
Personnel Policy Manual 26 02/07/2002
' r
•
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 theperformance of each employee; provided, however,':
that the department heads may delegate the responsibility for rating the performance
of specified employees in their departments to that.employee's supervisor. Interim
reports may be-completed as-necessary when changes in work performance:occur.'
Each""employee shall'" be 'informed in "such reports .of his or her strengths. and -
weaknesses. Each performance report shall'be discussed with the employee. The .
employee must sign the report, acknowledging that his performance evaluation has,
been reviewed with him or her. Such signature shall not necessarily mean he or she ,,
fully endorses the contents of said report. Neither the performance evaluation
process nor the performance reports shall be subject to,any grievance and/or appeal
procedure.
P - -
• SECTION 9
{
` TRANSFER, RESIGNATION, LAYOFF,REINSTATEMENT.
REEMPLOYMENT
9:1 TRANSFER
No person shall be transferred to a position for which he/she does not possess the _
minimum qualifications; except that department heads may,,on a temporary basis,
assign: employees;to duties other than those prescribed in their classification
specification or job--description, where the need therefor results from injury'or
illness, vacation, on other leaves of absence, or where workloads temporarily create
the need thereforand the best interest of the Town would be Upon notice to
the City Manager, an 4employee may be transferred bylie Department head at any
time fromone position to another position in a comparable classification. For
r 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.. c
Whenever possible, an employee being transferred from one`position- toanother
position in the same class or a comparable class at thesame 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. .
Personnel Policy Manual 27 02/07/2002.
9.2 RESIGNATION
Resignation occurs when an employee tenders a written notice of their intention to
t..
resign. A resignation becomes final when accepted by the City Manager. Once a
resignation has been accepted by the City Manager,_it cannot be withdrawn without
the approval of the.City Manager. Employees:.should give a-minimum of two (2)
weeks notice of intention to resign. Failure to give such notice may result in non-
payment of benefits. =
9:3JOB ABANDONMENT
An employee may be deemed to have resigned if the employee is absent for three (3)
consecutive work days,without prior authorization and without notification during
that period of the reason for absence.
9:4 ' LAYOFF POLICY AND PROCEDURE ,
9.4.1 Statement of Intent
Whenever, in the judgment of the City Council, it becomes necessary to abolish
funding for any position or employment, the employee'.holding. such, position or
employment may be laid off or demoted without disciplinary action and without the
right of appeal.
9.4.2 Notification
Employees to be laid off or demoted under non-disciplinary circumstance shall be
given a minimum of thirty (30) calendar days prior notice, except in exigent
circumstances:
9.4.3 Order of Layoff
Employees shall be laid off in the inverse order of their seniority in their
classification. In cases where there are two or more employees in the classification
from which the,lay-off is to be made who have the same seniority' date, such
employees shall be laid off on the basis of the last evaluation rating in the class.
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.
Personnel Policy Manual. 28 02/07/2002 . . ,.
•
9.5 REINSTATEMENT
A regular employee who has resigned or has otherwise been separated while in good
standing, may be considered for re—instatement, upon recommendation of the
department head and approval of the City Manager, to his/her former position, if
vacant, or to a vacant position in the same or a comparable classification for a period
of one (1) year after resignation or separation. An employee returning to work may
be required to undergo fitness for duty testing at the discretion of the City Manager.
Upon reinstatement, the employee shall be considered as though he/she had received
an original appointment, unless-other conditions are made apart of the reinstatement
• by the City Manager. The employee will serve a new introductory period.
SECTION 10
DISCIPLINARY ACTIONS
10.1 'SUSPENSION
Suspension is a temporary separation from Town service without pay for disciplinary
purposes. The department head May suspend an`employee without pay.
•
10.2 ` REDUCTION IN PAY
Reduction in pay is a decrease in compensation paid to an employee for a fixed
period of time for disciplinary 'purposes. The department head may impose •a
reduction in pay to an employee.
10.3- DEMOTION
The department head may demote an employee whose`performance of his/her
required duties is below standard, or for other disciplinary purposes. Demotion may
also be made to a vacant positionin lieu of layoff. No employee shall be demoted to
a position for which he/shedoes not possess the,minimum qualifications.
10.4 'DISMISSAL
The department head may dismiss an employee whose performance of his/her
required duties is below standard, or for other disciplinary purposes. Such action
results in an immediate termination of the employee from Town service..
10.5 GROUNDS FOR DISCIPLINE
The Town's standards of conduct are established for the guidance of all employees.
These standards are only a partial list of unacceptable behaviors and conduct and are
not the exclusive grounds for discipline. '
Personnel Policy Manual 29 02/07/2002
(1) Fraud in securing employment or making a false statement on an application
for employment.
•
(2) Incompetence, i.e., inability to comply with the minimum standard of an
employee's position for a significant period of time.
(3) Inefficiency or inexcusable neglect of duty, i.e.; failure to perform duties
required of an employee within his/her position.
(4) Disobedience and insubordination, a failure to submit to duly appointed and
acting supervision or to conform to duly established orders or directions of
persons in a supervisory position.
(5) Dishonesty.
(6) Being under the influence of alcohol or dangerous drugs-or narcotics while
on duty.
(7) Excessive absenteeism.
(8) Inexcusable absence,.
(9) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when
one is required,or misuse of sick leave.
(10) : The conviction.of either a,misdemeanor involving moral turpitude or any
felony shall constitute grounds for dismissal of any employee. The record of
conviction shall be conclusive evidence only of the fact that the conviction
occurred. The department head mayinquire into the circumstances
P q
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
involvingmoral
to charge a felonyor any .offense
nolo contendere made
g
turpitude, is deemed to be a conviction within the meaning of this Section.
(11) Discourteous treatment of the public or other employees.
(12) Improper or unauthorized use of Town property.
(13) Refusal to subscribe to any oath or affirmation which is required by law in
connection with Town employment.
(14) Any act of conduct, either during or outside of duty hours which is of such a
nature that it causes discredit to the Town.
Personnel Policy Manual 30 02/07/2002..
i
(15) Inattention to duty, tardiness, indolence, carelessness or negligence in the
care and handling of Town property.
(16) Violation of the ordinances, resolutions, rules and regulations established by
the employee's department .
(17) Outside employment not specifically authorized by the appointing authority
in accordance with Town procedures.
(18) Acceptance from any source of a reward, gift, or other form of remuneration
in addition to regular compensation to an employee for the performanceof
his or her official duties:'
(19) The refusal to testify under oath before any Grand Jury having jurisdiction
over any then pending cause of inquiry in which the investigation of
• government bribery or misconduct. •
•
(20) Improper political activity.
10.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION
Disciplinary action shall be taken in compliance with the following procedures:
10.6.1 Notice of Intent
Whenever the department head intends to . suspend an employee, demote the
employee, reduce the employee in pay or dismiss the employee, the department head
shall give the employee a written notice of discipline which sets forth the following: ,
a. The disciplinary action intended;
b. The specific charges upon which the action is based;
c. A factual summary of the grounds upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which;the
discipline is based;
e. Notice of the employee's right to respond to the charges either orally
or in writing.to the department head;
f. The date,'time and person before whom the employee inay respond;
g. Notice that failure to respond at the time specified shall constitute a
waiver of the right to respond prior to final discipline being imposed.
10.6.2 Response by Employee
The employee shall have the right to respond to the department head orally or in
writing. The employee shall have a right to be represented at any meeting. Such
meeting will only be permitted once and continued for no more than 2 days.
Personnel Policy Manual. 31 02/07/2002
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 employeea finalnotice of disciplinary
action: The finalnotice 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;Y:
e. The written. materials, reports and documents. upon which the
disciplinary action is based;:.
f.; The employee's right to appeal, if any.
SECTION 11'
•
,:APPEALS.BEARING AND GRIEVANCE PROCEDURES
• 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 competitive service employees.
-11.1.1 If an employee is served with a final notice of disciplinary action-which
specifies that the employee has the right to appeal said action, the employee has the
right, within five (5)working days after receiptof this notice, to request a hearing on
the charges by filing a request with the City Manager.
11.1.2 If, within the five-day (5) appeal period, the employee involved does not file
said appeal, unless good cause for the failure is shown, the action of the department
head shall be considered conclusive and shall take effect as prescribed:
11.1.3' The City Manager shall, unless good cause exists otherwise, set a time for an
appeal not less than twenty (20) working days, nor more than sixty (60) working.
days, from,the 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) workingdays
prior to the hearing.
11.1.4 The City Manager may, in his/her discretion, refer the appeal hearingto
another hearing officer. In such case, all following references to the City Manager
shall be deemed to apply to said hearing officer.
32 02/07/2002
Personnel Policy;Manual
'11.1.5 All hearings shall,be private.
11.1.6 Five (5) working days prior to the date setfor the hearingeach 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 witness not identified pursuant to:this section nor use any exhibit not ,
provided pursuant to this section unless that party can cshow'that they could not =
reasonably have anticipated the prior need for such witness or exhibit.
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
s conduct of serious X'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 finding unless-it:would be admissible over objection in civil actions The
rules dealing:-with privileges shall be effective to the same.extent that they are now or
_hereafter maybe recognized in civil actions,' and irrelevant and unduly repetitious
evidence may be`excluded. • Decisions made b 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 anywitness regardless of which partyfirst called him or her to testify; ;
g Y
P
and to rebut the evidenceagainst him/her. If the employee does nottestify in his or
her own behalf, he/she maybe.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. . ..
Personnel Policy Manual 33 : .02/07/2002
• i •
F ." d. The party appealing from such disciplinary. action.may then open his or her
defense and offer hisor her evidence in support thereof.
e. The parties may then, in order, respectively offer rebutting evidence only,
unless the City Manager for good reason, permits them to offer evidence
upon their original case.
f. ... Arguments 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 heron preponderance of
findings the
Y P P
evidence.
11.1.13 During the examination of a witness, all other witnesses,except the
parties, shall be excluded from the hearing upon motion of either party..
11.1.14 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 P
reason he/she believes to be important ortant:.to his/her reaching a fair
andro er decision.
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11.1:16 The.City Manager shall render his/her findings and decision as soon
after the conclusion of the hearing as possible, and in no event, later than ten (10)
working days s after conducting hearing stipulatedby
nductin the unless otherwise ' the'pP arties.
The City.Manager's decision shall set forth the recommendations as to each of the
charges and the reasons therefore.
11.1.17 The City Manager may recommend the sustaining orrejectingof 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 Manager's
Personnel Policy Manual 34 02/07/2002
decision. If the appealing party requests a transcript, that party shall pay the cost of
the transcript.
11.1.21. The City Council shall determinewhether, in its absolute discretion,
to review such appeal within twenty(20) working days of filing of the appeal. If the
Councildecides 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
interpretationof a specific section of these Rules and Regulations, with-the exception
of any disciplinary matter. Performance evaluations 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. a ,
11.2.3 The employee must submit a written grievance - containing a statement of the
grievance and allrpertinent 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 fora continuance.
The department head may meet with the employee prior to issuing a decision.
• 11.2.5 If.the employee is dissatisfied with the department head's decision, an appeal
to the City Manager must be filed with 'the City Manager within ten (10) working
days of the employee's receipt of the decision. The appeal must specify,,in addition
to the items listed in Section 11.2.3, the specific reasons why the employee disagrees•
with the department head's decision. The City Manager shall respond in writing to
the grievance within ten (10) working days unless good cause exists for a
continuance. The City Manager may meet with the employee prior to issuing a
decision.
11.2.6 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
Personnel Policy Manual 35 02/07/2002
•
i .
from the employee's receiptof 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, andshall be advisory to the City Council. The City Councilshall review the
record and decision, and affirm, deny, or modify the decision.
SECTION 12 .
RECORDS AND REPORTS
12.1 PERSONNEL FILES.
•
A.personnel file shall be maintained for each employee in the service of the Town.
Information contained in these files shall include class title, the department to which
assigned, salary, changes in employment status,disciplinary actions and such other
information as may be considered pertinent
The personnel files shall be,maintained in a secure place and monitoredby the City
Manager or his/her 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 his/her designee.
12.2 ` PERSONNEL ACTION FORMS
Notice of any new employment, transfer, promotion, demotion, . suspension,
reinstatement, resignation, retirement, salary change, reclassification, discharge,
leave of absence or layoff shall be given to the City Manager or his/her designee on
5 . standard forms. Approved copies of the Personnel Action Form shall be distributed
to the department head,Finance, the employee, and the employee's personnel file.
12.3' DESTRUCTION OF RECORDS
• Records relating to persons who were never in the employ of the Town including
correspondence, applications, examinations and reports may be destroyed after seven
years. Records' of employees may be destroyed after ten years from the date of .
termination.
•
Personnel Policy Manual . 36 02/07/2002
•
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 Towngovernment
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 whetherurchased goodscontroraservicesctedfor. shall be made or provided by the Town, or
P or _
• 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.
o Relieve employees from duty for any legitimate reason.
• :Implement rules,regulations, and directives consistent with law.
• Take all necessary actions to protect the' public and carry out its mission in
emergencies... -
Personnel Policy Manual 37 02/07/2002
SECTION 14
•
MISCELLANEOUS POLICIES
14.1 ANTI-HARASSMENT AND DISCRIMINATION POLICY
14.1.1. Purpose
The purpose of this policy is to establish a strong commitment to prohibit harassment
and discrimination inemployment, 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, sexualorientation or age will not be tolerated.
Disciplinary action up to,and including termination will be instituted for behavior
which,'in the determination of the City,Manager, constitutes discrimination or
harassment.
Any retaliation against a person for filing a harassment or discrimination charge or
complaint, whether with theTown'or an administrative agency or court, or for giving
testimony in connection with or otherwise demonstrating support for such actions is
prohibited. Employees found to be retaliating against another employee shall be
subject to disciplinary action up to and including termination.
14.1.3 Definitions
Harassment may include,but is not limited to:
• Verbal Harassment—For example,epitaphs,derogatory comments or slurs on the
basis of race, religious creed, color, national origin, ancestry, handicap, mental or
physical disability, medical condition, marital status, gender, sexual orientation or
age. This might include inappropriate sex oriented comments on appearance,
including dress or physical features or race oriented stories.
• Physical Harassment—For example, assault, impeding or blocking movement, or.,
any physical interference with normal work or movement when directed at an
individual on the basis of race, religious creed, color, national origin, ancestry,
handicap, disability, medical condition, marital status, sexual orientation, age or
gender. This could be conduct in the form of pinching, grabbing, patting,
Personnel Policy Manual 38 02/07/2002
propositioning, leering, or making explicit or implied job threats or promises in
return for submission to physical acts.
• Visual Forms of Harassment — For example, derogatory posters, notices,
bulletins, cartoons, or drawings on the basis of race, religious creed, color, national
origin,, ancestry, handicap, disability, medical conditions, marital status, gender,
sexual orientation, or age.
• Sexual Favors — Unwelcome sexual advances, request for sexual favors, and
other verbal or physical conduct of a sexual nature, upon which an employment
benefit is conditioned' or which constitutes an unreasonable interference with an
individual's work performance or creates an offensive work environment.
Discrimination — disparate treatment due to race, religious creed, color, national
origin, ancestry, handicap, mental or physical disability, medical condition, marital
status, gender, sexual orientation or age. The difference in treatment adversely
affects the individual's employment or conditions of employment. •
14.1.4 Complaint Procedure
• 14.1.4.1 Filing•
An employee or job applicant who believeshe 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.
14.1.4.2 Investigation: Upon notification of a discrimination or
harassment complaint, the City Manager or his/her designee shall:
• Authorize the investigation of the complaint and supervise and/or
investigate the complaint. The investigation will include interviews with:
1) the complainant, 2) the accused harassor or discriminator, and 3) any
other persons the City Manager or his/her designee has reason to believe
has relevant knowledge concerning the complaint. This mayinclude
victims of similar conduct;
• Review factual information gathered through the investigation to
determine whether the alleged conduct constitutes discrimination or
harassment; giving consideration to all factual information, the:totality of
Personnel Policy Manual 39 02/07/2002
•
the circumstances, including the nature of the verbal, physical, visual or
sexualconduct and the context in which the alleged incidents occurred;
• Report to appropriate persons the results of the investigationand the
determination as to whether discrimination and/or harassment occurred. If
discipline.,is imposed, the discipline will not be communicated to the
complainant;, •
® If the. City Manager determines that discrimination or 'harassment
occurred, take prompt and effective remedial action against the
discriminating party or harassor. The action will be commensurate with
the severity of the offense;, ;
e Take reasonable steps to protect the victim and other potential victims.,
from further harassment;
e Take reasonable steps to protect the victim from any retaliation as a result
of communicating the complaint.
15.1.5 Dissemination of Policy
p ..> ......
All employees,pCouncil members, and volunteers shall:receive co ies of this
Policy.
14.2 OUTSIDE EMPLOYMENT
A Town employee shall not engage in any employment, enterprise, or outside activity which
is in conflict with his/her duties, functions, responsibilities, or the department by which
he/she is employed, nor shall he/she engage in any compensatory outside activity which will
directly, or indirectly, contribute to the lessening of his/her effectiveness as 'a Town
employee.
14.2.1 Authorization
® Any 'employee wishing to engage in an. occupation or outside activity for
compensation shall inform the department head of such desire,''providing
information as to the time required and the nature of such activity, and suchother
information as may be required; and the department head shall determine
whether or not such activity is compatible with the employee's Town
employment.
o 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.
Personnel Policy Manual 40 02/07/2002
• •
14.2.2 Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside
employment, the department head shall consider, among other pertinent factors
whether the employment:
• Involves the use for private gain or advantage of Town time, facilities,
equipment, and supplies, or the badge, uniform, prestige, or influence of one's Town
office or employment;
• Involves receipt or acceptance by employee of any money or other consideration
from anyone other than the Town for the performance of an act which the employee,
if not performing such act, would be required or expected to render in the regular
course of his/her Town employment or as a part of his/her duties as a Town
employee;
• Involves the performance of an act in other than his/her capacity as a Town
employee which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement by any Town employee.
•_ Involves conditions..or factors which would probablydirectly or indirectly lessen
the efficiency of the employee in his/her regular Town employment or conditions in
which there is a substantial danger of injury or illness to the employee.
14.2.3 Revocation
;Authorization of outside employment is subject to revocation at any time by the City
Manager or his/her designee.
14.3 USE OF TOWN EQUIPMENT PROHIB1 hD ,
14.3.1 No Town-owned equipment, autos, trucks, instruments, tools, supplies,
machines, or any other item which is the.property of the Town shall be used by an
employee while said employee is engaged in any outside-employment or activity for
compensation, or otherwise, except upon'prior written approval of the City Manager.
14.3.2 No employee shall allow any unauthorized person to rent, borrow, or use any
of the items mentioned in (a) above, except upon prior written approval of the City_
Manager.
14.4 EMPLOYEE DRESS CODE ••
Employees of the Town are required to dress appropriately for the jobs they are
performing. Therefore, the dress regulations contained in this section shall be
followed.
Personnel Policy Manual 41 02/07/2002
ID
o All clothing must be neat, clean and in good repair.
o Prescribed uniforms and safety equipment must be worn where applicable.
® Footwear must be appropriate for the work environment and functions being
performed.
a Jewelry is acceptable except in areas wherein it constitutes a health or safety
▪ Good personal hygiene is required.
14.5 NEPOTISM POLICY
14.5.1 Noperson shall be appointed or promoted to a position in any department in
which such person's relative already holds a position when such employment would
result in any of the following:
a. A supervisor-subordinate relationship;
b. The employees having job duties which require performance of shared duties
on the same or related work assignment;
c. Both employees having the same immediate supervisor.
14.5.2 For purposes of this section, "relative" means •spouse, child, ,:step-child,
parent, grandparent, grandchild, brother, sister, half-brother, half;sister, aunt, uncle,.
• niece, nephew, parent-in-law, brother-in-law, sister-in-law or any other individual.
related by blood or marriage.
14.5:3 If a Town employee marries another person employed by the Town within
thesame department, both employees shall be allowed to retain their respective
positions provided that a supervisorial relationship does not exist at the time of
marriage between 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 punish another person by virtue of the
duties and responsibilities assigned to his-or her position.
14.5.4 The Town also retains the right to refuse to,place both spouses in the same
department, division, or facility where such has the potential for creating adverse
impact on supervision, safety, securityor morale or involves
potential conflicts of
interest.
14.5.5 Where the above circumstances exist and mandate that two spouses shall not
work in a prohibited supervisory relationship, an attempt will be made to transfer one
spouse to a similar classified position in another Town department. Although the
wishes of the involved parties as to which spouse is to be transferred will be•given.
consideration by the Town, the controlling factor in determining which spouse is to
be transferred shall be the positive operation and efficiency of the Town. If any such
transfer results in a reduction in salary or compensation, the same shall-not be
considered disciplinary in nature and shall not be the subject of any form of
administrative appeal.
Personnel Policy Manual 42 02/07/2002,
14.5.6 If continuing employment of two spouses cannot be accommodated
consistent with the Town's interest in promotion of safety, security, morale and
efficiency, then the Town retains sole discretion to separate one spouse from Town
employ. Absent resignation by one affected spouse, the less senior of the involved.
spouses will be subject to separation and the same shall not constitute discipline and
shall not be subject to any administrative appeal.
14.6 POLICY PROHIBITING THE USE OF DRUGS AND ALCOHOL
14.6.1 Purpose
The intent of this policy-is to eliminate the use and effects of alcohol and drugs in the
workplace.
The objectives of this policy are: 1) to eliminate any use of alcohol, illegal drugs,
prescription drugs or any other substance which could impair an employee's ability
to safely and effectively perform the functions of their, job, 2) to encourage
employees who think they may have an alcohol or,drug usage problem to voluntarily
seek confidential assistance from the Employee Assistance Program, 3) to emphasize •
training and rehabilitation. However, even with the emphasis on rehabilitation, it
must be understood that for those who demonstrate problems in job performance or
those who are involved with or under the influence of drugs or alcohol on,the job,
_ disciplinary action will be taken. _
14.6.2 Scope
This policy applies to all employees of the Town when working for, or officially
representing, the Town of Los Altos Hills. .
This policy applies to alcohol and to all substances, drugs, or medications, legal or
illegal, which could impair an employee's ability to effectively and safely perform
the functions of the job. ,
14.6.3 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.
Personnel Policy Manual 43 02/07/2002
✓ • ..
14.6.4 Procedures
The following procedures will serve as the guideline for implementation of this
policy:
14.6.4.1 Employee Responsibilities
1. It is the employee's responsibility to demonstrate satisfactory job
performance.
2. Employees shall report to work with his/her ability to perform job
duties not impaired due to on or off duty alcohol or drug use.
3. Employees are responsible for the personal implementationof this
policy to facilitate safe and effective job performance.
4. Employees shall not possess or use alcohol or impairing drugs
(illegal drugs and prescription drugs without a prescription) during
working hours or while subject to duty: This includes breaks and
meal periods.
5. Employees shall not directly or through a third party sell or.
provide drugs or alcohol to any person, including any employee,
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while on duty or standby for duty:
6. Employees shall notify his/her supervisor, before beginning work,
when taking any medication or drugs, prescription or non—
prescription,: which would interfere with the safe" and effective
performance of duties or operation,of equipment.
14.6.4.2 Management Responsibilities and Guidelines
1. Managers and Supervisors should, if possible, notify the City
Manager or his/her designee when they have reasonable suspicion to
believe that an employee may be under the influence of drugs or
alcohol, or have illegal drugs in his or her possession.
2. Employees reasonably believed to be under the influence of
alcohol or drugs shall be prevented from engaging in further work and
sent for testing. A supervisor can require a medical certification of
fitness for duty regardless of the test results, before allowing the :
employee to return to work. '
Personnel Policy Manual 44 02/07/2002
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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 procedures may be grounds for disciplinary
action up to and including termination. In addition, the Town may, but is not
required to, refer employees to counseling and treatment in lieu of.
- disciplinary action.
14.7 NON—SMOKING POLICY
Smoking is prohibited in all Town facilities and vehicles.
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Personnel Policy Manual 45 02/07/2002