HomeMy WebLinkAboutA. Personnel Rules and Policies (1)City of Saratoga
Personnel Rules and Policies
Updated December 2012
Partial Revision November 2014
(i)Article 5, Section 9, (ii) Article 6, Section 3, (iii) Article 22, Section 3, and Subdivision 6)
City of Saratoga Personnel Rules and Policies i
Approved by the City Council on December 5, 2012
NOTE REGARDING CHANGES TO PAGES
Occasionally, pages in the City’s Personnel Rules and Policies must be replaced
when typographical errors are discovered or other grammatical/format changes
need to be made. These changes are minor in nature and do not alter any rule that
would be subject to bargaining and/or approval by the City Council. To keep track
of changes, and to ensure that individuals using the Personnel Rules and Policies
are referencing the most current version, a Version Date will be noted at the bottom
of any page where the contents have been changed (other than where the sole
change is a page number due to reformatting) and the Human Resources Division
will keep the most up to date Personnel Rules on the City’s website.
City of Saratoga Personnel Rules and Policies ii
Approved by the City Council on December 5, 2012
ACKNOWLEDGMENT OF RECEIPT OF THE
CITY OF SARATOGA
UPDATED PERSONNEL RULES AND POLICIES
The undersigned employee of the City of Saratoga acknowledges receipt of the
City’s Personnel Rules and Policies.
I understand that I am responsible for reading, understanding, and complying with
the Personnel Rules and Policies.
I understand if my employment classification is included in a bargaining unit, I
should refer to the Memorandum of Understanding (MOU) in addition to the City’s
Personnel Rules and Policies. I understand if I have any questions about which
resource to consult, I may contact the Human Resources Division or union
representative.
I acknowledge a signed copy of this Acknowledgement of Receipt shall be submitted to the Human Resources Division and will be placed in my official
personnel file.
Employee Signature
PRINT NAME
DATE
City of Saratoga Personnel Rules and Policies iii
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City of Saratoga Personnel Rules and Policies iv
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TABLE OF CONTENTS
CITY OF SARATOGA PERSONNEL RULES AND POLICIES
ARTICLE 1. AUTHORITY FOR AND COVERAGE OF THE PERSONNEL
POLICIES .................................................................................. 1
Authority ..................................................................................... 1
Coverage ................................................................................... 1
No Contract Created .................................................................. 1
Conflicts with Other Provisions................................................... 1
Violation of the Personnel Policies ............................................. 1
Delegation of Authority ............................................................... 1
Severability ................................................................................ 1
ARTICLE 2. EQUAL EMPLOYMENT OPPORTUNITY, REASONABLE
ACCOMMODATION POLICY .................................................... 2
General Policy ............................................................................ 2
Reasonable Accommodation Policy ........................................... 2
ARTICLE 3. POLICY AGAINST HARASSMENT, DISCRIMINATION AND
RETALIATION ........................................................................... 4
Purpose ...................................................................................... 4
Policy ......................................................................................... 4
Policy Coverage ......................................................................... 4
Responsibilities of Employees, Management and Supervisory
Employees .................................................................................. 5
Definitions .................................................................................. 6
Reporting of Harassment, Discrimination, or Retaliation ............ 8
City’s Response to Complaint of Harassment, Discrimination, or
Retaliation .................................................................................. 9
ARTICLE 4. EMPLOYEE RECRUITMENT, SELECTION AND
APPOINTMENT ...................................................................... 11
Policy ....................................................................................... 11
Department Hiring Procedures ................................................. 11
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Job Posting .............................................................................. 11
Application Form ...................................................................... 12
Application Submittal ................................................................ 12
Rejection of Applicants .............................................................12
Selection .................................................................................. 12
New Hire Probation .................................................................. 15
Immigration Law Compliance ................................................... 15
Employee Orientation ............................................................... 15
ARTICLE 5. EMPLOYEE STATUS .............................................................. 16
FLSA - Exempt Employee ........................................................ 16
FLSA Overtime-Eligible Employee ........................................... 16
At-Will Employee ...................................................................... 16
Probationary Employee ............................................................ 16
Length of Probation .................................................................. 16
Regular Employee .................................................................... 17
Full-Time Employee ................................................................. 17
Part-Time Employee ................................................................ 17
Temporary, Provisional or Seasonal Employee ....................... 17
ARTICLE 6. EMPLOYEE BENEFITS .......................................................... 20
Discretionary Benefits .............................................................. 18
Legislated Benefits ................................................................... 24
Paid Time Off (PTO) ................................................................ 26
Administrative Leave ................................................................ 27
PERFORMANCE EVALUATIONS .......................................... 28
Frequency ................................................................................ 28
Process .................................................................................... 28
No Appeal ................................................................................ 28
ARTICLE 8. PERSONNEL FILES AND REFERENCE REQUESTS ........... 29
File Maintenance ...................................................................... 29
File Content .............................................................................. 29
Employee’s Responsibility to Notify City of Changes ............... 29
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Medical Information .................................................................. 29
Access to Personnel Files ........................................................ 29
Destruction of Personnel Records ............................................ 30
Employment Reference Requests ............................................ 30
ARTICLE 9. TRANSFER, REINSTATEMENT, RESIGNATION AND JOB
ABANDONMENT ..................................................................... 31
Transfer .................................................................................... 31
Reinstatement .......................................................................... 31
Resignation .............................................................................. 31
Job Abandonment .................................................................... 32
ARTICLE 10. LAYOFF ................................................................................... 33
Policy ....................................................................................... 33
Notice ....................................................................................... 33
Order of Layoff ......................................................................... 33
Demotion .................................................................................. 33
Transfer .................................................................................... 34
Re-employment ........................................................................ 34
Insurance Benefits Upon Layoff ............................................... 34
Paid Time Off (PTO) ................................................................ 34
ARTICLE 11. WORK WEEK, HOURS OF WORK, AND ABSENCE
CONTROL ............................................................................... 35
Work Week Defined ................................................................. 35
Hours of Work .......................................................................... 35
Absence Control ....................................................................... 35
Meal and Rest Periods ............................................................. 36
Timekeeping Requirements ..................................................... 37
Compliance with Legal Requirements and Overtime ............... 38
Paycheck Review and Accuracy .............................................. 38
ARTICLE 12. COMPENSATION AND PAYROLL PRACTICES ................... 39
Salary Upon Appointment........................................................ 39
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Salary Upon Acting Assignment (Work out of Class) ............... 39
Salary Upon Transfer ............................................................... 39
Salary Upon Reclassification ................................................... 39
Salary Upon Promotion ............................................................ 39
Salary Upon Demotion for Cause ............................................. 40
Salary Upon Demotion Due to Layoff ....................................... 40
Eligibility for Salary Progression within Range ......................... 40
Pay Range Establishment ........................................................ 40
Pay Range Adjustments ...........................................................41
Overtime Compensation .......................................................... 41
Prohibited Salary Deductions ................................................... 42
ARTICLE 13. LEAVES OF ABSENCE .......................................................... 43
Holiday Leave .......................................................................... 43
Employee Voluntary Donation of Accrued Paid Time Off (PTO)
Program ……………................................................................. 44
California Family Rights Act (CFRA) and Family and Medical
Care Leave Act (FMLA) Leaves ............................................... 44
Bereavement Leave ................................................................. 50
Pregnancy Disability Leave (PDL) ............................................ 50
Military Leave ........................................................................... 53
Time Off for Victims of Violent Crimes or Domestic Abuse ...... 54
Jury Duty and Court Appearances ........................................... 55
Time Off to Vote ....................................................................... 55
Work Related Illness or Injury Leave ........................................ 56
School-Related Leaves ............................................................ 57
Unauthorized Leave ................................................................. 57
Unpaid Leave ........................................................................... 57
General Provisions Applicable to all Leaves ............................ 57
ARTICLE 14. ALCOHOL AND DRUG ABUSE POLICY ............................... 58
Purpose .................................................................................... 60
Policy ....................................................................................... 60
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Application ............................................................................... 62
Employee Responsibilities ....................................................... 62
Management Responsibilities.................................................. 62
Physical Examination and Procedure ....................................... 64
Confidentiality........................................................................... 66
ARTICLE 15. FITNESS FOR DUTY EXAMINATIONS .................................. 67
Pre-Employment Drug Testing, Conditional Offer of
Employment………………………..…................................... 67
Probationary and Regular Status Employee Examinations ...... 67
Role of Health Care Provider ................................................... 68
Medical Information .................................................................. 68
Medical Information from the Employee’s
Health Care Provider ............................................................... 68
ARTICLE 16. WORKPLACE SECURITY ...................................................... 69
Policy ....................................................................................... 69
Requirements for Employees ................................................... 69
Definitions................................................................................ 70
Incident Reporting Procedures ................................................. 71
Investigation ............................................................................. 72
Management Responsibilities.................................................. 72
Follow up and Disciplinary Procedures ....................................72
ARTICLE 17. EMPLOYMENT OF RELATIVES ............................................. 74
Definitions................................................................................ 74
Policy Relating to Relatives ...................................................... 74
Policy Concerning Employees Who Become Spouses or
Domestic Partners.................................................................... 75
ARTICLE 18. USE OF CITY PROPERTY AND EQUIPMENT....................... 76
Policy ....................................................................................... 76
Use of Communications Equipment......................................... 76
Vehicle Safety.......................................................................... 77
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ARTICLE 19. OUTSIDE EMPLOYMENT ....................................................... 79
Policy ....................................................................................... 79
Definition of Outside Employment or Activity ........................... 79
Prohibited Types of Outside Employment or Activities ............. 79
Request to Pursue Outside Employment or Activity................. 80
ARTICLE 20. EMPLOYEE POLITICAL ACTIVITIES ..................................... 80
Policy ....................................................................................... 80
Examples of Prohibited Conduct .............................................. 81
Examples of Permitted Conduct............................................... 81
ARTICLE 21. DISCIPLINE POLICY ............................................................... 83
Policy Coverage....................................................................... 83
Causes for Discipline ............................................................... 83
Investigation............................................................................. 86
Counseling and Discipline ........................................................86
Skelly Process – Pre-Disciplinary Procedure for Suspension or
Discharge ................................................................................. 88
Evidentiary Appeal to the City Manager................................... 90
ARTICLE 22. EMPLOYER-EMPLOYEE RELATIONS POLICY.................... 94
Policy ....................................................................................... 94
Definitions................................................................................ 94
Representation Proceedings .................................................... 96
Administration.......................................................................... 105
Impasse Procedures ................................................................ 106
Construction ........................................................................... 109
ARTICLE 23. ANTI-BULLYING POLICY..................................................... 111
Policy Coverage ..................................................................... 111
Definition................................................................................ 111
Responsibilities ...................................................................... 112
Corrective Action and/or Disciplinary Measures ..................... 112
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Article 1. Authority for and Coverage of the Personnel Policies
ARTICLE 1. AUTHORITY FOR AND COVERAGE OF THE PERSONNEL
POLICIES
Section 1. Authority The City of Saratoga City Council authorizes the City
Manager to establish and enforce these personnel rules and policies (“Policies”)
pursuant to City Code 2-20.050 Powers and Duties of the City Manager.
Section 2. Coverage These Policies apply to all City employees, except that
nothing in these Policies regarding disciplinary rights and disciplinary processes
apply to those who serve in an at-will capacity, or at the pleasure of the City
Council, or by contract. Nothing in these Policies gives those who serve at-will, or
at the pleasure of the City Council, or by contract the right to continued
employment.
Section 3. No Contract Created Nothing in these Policies is intended to create
or creates any contractual right in City employment.
Section 4. Conflicts with Other Provisions This document includes policies
and rules which govern the personnel system for the City of Saratoga. They are
intended to set forth general provisions which apply to all City of Saratoga
employees. However, if a provision of these Policies actually conflicts with any
provision of an applicable collective bargaining agreement or Memorandum of
Understanding (“MOU”), resolution, law, City ordinance, Employment Agreement
or Policy, or state or federal law, the collective bargaining agreement or MOU,
resolution, law, City ordinance, Employment Agreement or Policy, or state or
federal law shall control. In all other cases, these Policies apply.
Section 5. Violation of the Personnel Policies A violation of any Policy
contained herein shall be grounds for discipline, up to and including termination
from City employment.
Section 6. Delegation of Authority Any of the City’s management staff may
delegate any of the responsibilities listed in these Policies to any other appropriate
management staff member, regardless of whether the Policy at issue specifically
authorizes the delegation of the matter.
Section 7. Severability If any court finds any section, subsection, sentence,
clause or phrase of these Policies to be inconsistent with the law, such finding(s)
shall not affect the validity of the remaining portion of these Policies.
City of Saratoga Personnel Rules and Policies 1
Approved by the City Council on December 5, 2012
Article 2. Equal Employment Opportunity, Reasonable Accommodation Policy
ARTICLE 2. EQUAL EMPLOYMENT OPPORTUNITY, REASONABLE
ACCOMMODATION POLICY
Section 1. General Policy
The City prohibits discrimination against applicants or employees on the basis of
any of the following protected classifications: race, religion, color, religious creed,
gender (gender identity and gender expression), sex (including pregnancy,
childbirth, and related conditions), sexual orientation (including heterosexuality,
homosexuality and bisexuality, national origin, ancestry, citizenship status, marital
status, age (40 years and older), medical condition, physical disability, mental
disability, genetic information or characteristics, and status as a veteran or a
member of the uniformed services.
The City will afford equal employment opportunity to all qualified applicants and
employees with regard to all terms and conditions of employment, including hiring,
compensation, training, promotion, transfer, discipline and termination.
Section 2. Reasonable Accommodation Policy
The City provides employment-related reasonable accommodations to qualified
individuals with disabilities within the meaning of the California Fair Employment
and Housing Act and the Americans with Disabilities Act. “Reasonable
Accommodation” is the adjustment or modification to a job duty, employment
practice, or the work environment that makes it possible for a qualified individual
with a disability to perform the essential function(s) of the position that they hold or
desire. The City will not engage in unlawful retaliation against a disabled individual
or individual requesting accommodations (See Article 3.).
Subdivision 1. Procedure
a. Request for Accommodation An employee who desires a
reasonable accommodation in order to perform essential job functions should
make such a request in writing to the Human Resources Division. The request
must identify: a) the job-related functions at issue; and b) the desired
accommodation(s).
b. Reasonable Documentation of Disability Following receipt of the
request for accommodation, the Human Resources Division will request additional
information, such as reasonable documentation of the existence of a disability.
c. Fitness for Duty Examination The City may require an employee
City of Saratoga Personnel Rules and Policies 2
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Article 2. Equal Employment Opportunity, Reasonable Accommodation Policy
to undergo a fitness for duty medical examination (and/or inquiry) if it is job related
and consistent with business necessity to determine whether the Article 2. Equal
Employment Opportunity, Reasonable Accommodation Policy
employee can perform the essential functions of the job with or without
accommodation (See Article 15. Fitness for Duty Medical Examinations).
Subdivision 2. Interactive Process Discussion
The City will consider all applicant or employee accommodation requests and
carefully assess all appropriate options before making any decision to grant or
deny an accommodation. Furthermore, the City will continue its obligation to
consider alternative accommodations if presently implemented accommodations
are ineffective.
After receipt of reasonable documentation of disability, the City will arrange for an
interactive process meeting, in person or via telephone conference call, with the
employee, and his or her representatives, if any. The purpose of the discussion is
to work in good faith to fully disclose all feasible potential reasonable
accommodations.
During the meeting, the Human Resources Manager will also disclose, if relevant,
alternate available jobs for which the employee is qualified or whether the
employee may qualify for a CalPERS disability retirement under the Public
Employees’ Retirement Law (Government Code § 20000, et seq., the "PERL") or
a family and medical care leave (FMLA) of absence.
Subdivision 3. Case-by-Case Determination
The City determines, in its sole discretion, whether reasonable accommodation(s)
can be made, and the type of accommodation(s) to provide. The City will not
provide accommodation(s) that would pose undue hardship upon the City finances
or operations, or that would endanger the health or safety of the employee or
others. The City will inform the employee of its decision as to reasonable
accommodation(s) in writing.
City of Saratoga Personnel Rules and Policies 3
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Article 3. Policy Against Harassment, Discrimination and Retaliation
ARTICLE 3. POLICY AGAINST HARASSMENT, DISCRIMINATION AND
RETALIATION
Section 1. Purpose It is the City’s intent and the purpose of this Policy to
promote a workplace that is free of unlawful harassment, discrimination and
retaliation. This Policy prohibits unlawful harassment, discrimination and
retaliation as defined by federal and state laws based on an individual’s protected
characteristics, including but not limited to the following protected classifications
as defined by applicable law: race, religion, color, religious creed, gender /sex
(including pregnancy, childbirth, and related conditions), transgender, sexual
orientation (including heterosexuality, homosexuality and bisexuality), national
origin, ancestry, citizen status, marital status, age (40 years and older), medical
condition, physical disability, mental disability, (whether perceived or actual),
genetic information, and status as a veteran or a member of the uniformed
services.
This Policy sets forth a procedure for filing a complaint in violation of this Policy
and sets forth a procedure for investigating alleged harassment, discrimination and
retaliation complaints in violation of this Policy.
Retaliation against an individual(s) who has complained, retaliation against
anyone associated with the complaining individual because of the complaint,
retaliation against an individual(s) for participating in any manner in an
investigation into an alleged complaint, and retaliation for opposing practices
prohibited by this Policy, or for filing a complaint with, or otherwise participating in
an investigation, proceeding, or hearing conducted by, the DFEH or the EEOC is
unlawful as provided by applicable law, in violation of this Policy and provides
grounds for disciplinary action, up to and including termination.
Section 2. Policy The City will not tolerate any conduct that violates this Policy
and will take appropriate corrective action to stop inappropriate behavior. Conduct
need not rise to the level of a violation of law in order to provide grounds for
disciplinary action, up to and including termination. Instead, a single act can
violate this Policy and provide grounds for discipline.
If an employee is in doubt as to whether or not any particular conduct may violate
this Policy, the employee should not engage in the conduct, and seek guidance
from management or the Human Resources Manager.
Section 3. Policy Coverage As set forth in both State and Federal law, this
Policy prohibits applicants, employees, volunteers, officers, officials, and
contractors (whom provide services to the City of Saratoga) from harassing or
discriminating against others on the basis: (1) of an individual’s protected
classification under applicable law (see Article 3, Section 1); (2) of the perception
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Article 3. Policy Against Harassment, Discrimination and Retaliation
that an individual has a protected classification; or (3) the individual associates
with a person who is in or is perceived to be in a protected classification.
Section 4. Responsibilities of Employees, Management and Supervisory
Employees
Subdivision 1. Employees In order to establish and maintain a professional
working environment, while at the same time preventing unlawful harassment,
discrimination, and retaliation, employees are expected to:
a. Set an example of acceptable conduct by not participating in
or
provoking behavior that violates this Policy. People have different ethical values
and standards and may be offended by behavior someone else thinks is proper.
b. When comfortable doing so, employees should let fellow
employees know when their behavior is considered offensive. The City hires
people from a wide variety of cultural and ethnic backgrounds, and an individual
may not realize behavior he or she thinks is proper could be seen by others as
offensive.
c. Report harassment, discrimination or retaliation as quickly as
possible, whether the employee is the target of the conduct or a witness.
d. If an employee observes harassment, he/she should tell the
individual being harassed that the City has a policy prohibiting such behavior, and
that the individual can demand that the harasser stop the behavior. If the
employee is not comfortable doing this, the employee should notify any
management employee or the Human Resources Manager or designee.
e. Protect confidentiality to the extent possible as required by
this Policy.
f. Fully cooperate with the City’s investigation of complaints
made
under this Policy and tell the truth to the City’s investigator.
Subdivision 2. Managers and Supervisors In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
a. Implement this Policy by taking all complaints seriously and model
behavior that is consistent with this Policy. Direct all complaints to the Human
Resources Manager or designee.
b. Take positive steps to eliminate and remedy any form of
harassment, discrimination or retaliation observed or brought to his/her attention.
c. Refrain from retaliating through any action of intimidation, restraint,
coercion or discrimination.
d. Monitor the work environment and take appropriate action to stop
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Article 3. Policy Against Harassment, Discrimination and Retaliation
potential Policy violations.
e. Follow up with those who have complained to ensure the behavior
complained of has stopped.
f. Inform complainants of their option to contact the EEOC or DFEH
regarding unlawful discrimination, harassment, and retaliation (see Section 6,
Subdivision 4 of this Policy).
Section 5. Definitions
The definitions described in this section define terms used in this policy and
establish standards for workplace conduct and are designed to be
consistent with the City’s goal of creating a non-harassing and professional
work environment in compliance with applicable law.
Subdivision 1. Protected Classifications See Article 3, Section 1.
Subdivision 2. Harassment Harassment includes verbal, physical or
visual conduct that creates an intimidating, offensive or hostile working
environment or that unreasonably interferes with job performance. Harassment
may also include unwelcome, offensive racial or ethnic slurs, jokes, or other similar
conduct.
Subdivision 3. Sexual Harassment Defined Federal law defines
sexual harassment as unwanted sexual advances, requests for sexual favors or
visual, verbal or physical conduct of a sexual nature when: (1) submission to such
conduct is made a term or condition of employment; or (2) submission to or
rejection of such conduct is used as a basis for employment decisions affecting
the individual; or (3) such conduct has the purpose or effect of unreasonably
interfering with an employee’s work performance or creating an intimidating,
hostile or offensive working environment.
California law defines sexual harassment as unwanted sexual advances or visual,
verbal or physical conduct of a sexual nature. This definition includes many forms
of offensive behavior. The following is a partial list:
(1) Unwanted sexual advances.
(2) Offering employment benefits in exchange for sexual favors.
(3) Making or threatening reprisals after a negative response to sexual
advances.
(4) Visual conduct: leering, making sexual gestures, or displaying of
sexually suggestive objects or pictures, cartoons or posters.
(5) Verbal misconduct: making or using derogatory comments, epithets,
slurs, sexually explicit jokes, or comments about an employee’s body or
dress.
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Article 3. Policy Against Harassment, Discrimination and Retaliation
(6) Verbal sexual advances or propositions.
(7) Verbal abuse of a sexual nature, graphic verbal commentary about an
individual’s body, sexually degrading words to describe an individual, or
suggestive or obscene letters, notes or invitations.
(8) Physical conduct: touching, massaging, assaulting, impeding or
blocking movements.
All conduct described in this section is prohibited.
It is unlawful for males to sexually harass females or other males, and for females
to sexually harass males or other females. Sexual harassment on the job is
unlawful whether it involves co-worker harassment, harassment by a supervisor or
manager, or by persons doing business with or for the City.
Subdivision 4. Discrimination This Policy prohibits treating
individuals differently because of the individual’s protected classification as
defined by this Policy. There is “disparate treatment” and “disparate impact”
discrimination, meaning an employee is treated differently because they are a
member of a protected class.
Disparate treatment involves employer actions, e.g., promotion or termination that
single out an employee because of a protected characteristic. For example, only
older workers are laid off or only males are promoted. This type of discrimination
often happens because of personal prejudice or dislike.
Disparate impact occurs when an employer’s rules or practices affect employees
differently based on their protected characteristics. This type of discrimination is
often proven by statistics. For example, an employer policy of counting all
absences and leaves against seniority that has a disproportionate adverse impact
on women who have to take time off for pregnancy disabilities.
Subdivision 5. Retaliation Retaliation against a person (and his or
her associates) because the person has reported or provided information about
harassment or discrimination is strictly prohibited. Any act of unlawful retaliation
violates this Policy and will result in appropriate disciplinary action, up to and
including termination.
Examples of actions that might be retaliation against a complainant, witness or
other participant in the complaint process include: (1) singling a person out for
harsher treatment, (2) lowering a performance evaluation, (3) failing to hire, failing
to promote, withholding pay increases, assigning more onerous work, abolishing
a position, demotion or discharge, (4) spreading rumors about a complainant, (5)
treating negatively, refusing or failing to interact or communicate about work-
related issues, or refusing or failing to include an individual in work- related
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Article 3. Policy Against Harassment, Discrimination and Retaliation
meetings and functions because the individual has reported harassment or
discrimination or participated in the complaint process, and/or (6) real or implied
threats of intimidation to prevent or discourage an individual from reporting
harassment or discrimination or to punish an individual because of a previous
report of such concern.
Even well-intentioned attempts to insulate or protect a complainant by changing
his or her work environment, schedule, or duties may be retaliatory. Before a
supervisor takes such action, the supervisor should seek guidance from any
management employee, the Human Resources Manager, or designee.
Any act of retaliation will be treated as a separate and distinct incident, regardless
of the outcome of the harassment or discrimination complaint.
Section 6. Reporting of Harassment, Discrimination, or Retaliation An
applicant, employee, volunteer, officer, or official who feels he or she has been
harassed, discriminated against or retaliated against in violation of this Policy
should report the conduct immediately as outlined below so that the complaint can
be investigated and resolved quickly and fairly. Contractors are to report
harassment to the Human Resources Manager or the City Manager.
Complainants involved in the complaint process may be represented by a person
of their choosing, union representative, or attorney, at the complainant’s expense.
Subdivision 1. Objection to the Conduct If comfortable doing so, a person who
believes he/she is being harassed is encouraged to first use the informal and direct
approach by informing the offending person that his/her conduct or language is
offensive and unwelcome and request the offending person to discontinue his/her
offensive conduct or language immediately. Sometimes an offending person is
unaware that his/her conduct is offensive and using the informal and direct
approach is the solution. However, if this approach is utilized and unsuccessful
and the conduct in question continues or if the person who believes he/she is being
harassed is not comfortable using the informal and direct approach with the
offending person, the person should make a report in accordance with Subdivision
2 and/or 3 below, or go directly to the formal reporting process.
Subdivision 2. Oral Report If a person believes that this Policy has been violated
and does not want to confront the offending person, he/she should report the
conduct to any management employee. Any management employee who receives
such a report must in turn direct it to the Human Resources Manager or designee.
Subdivision 3. Written Complaint An individual who believes this Policy has
been violated and does not feel comfortable using the process outlined above is
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Article 3. Policy Against Harassment, Discrimination and Retaliation
to provide a written confidential complaint in the form of a memo or email to any
management employee, who in turn must direct the complaint to the Human
Resources Manager or designee.
Subdivision 4. Option to Report to Outside Administrative Agencies While
the City encourages individuals to report all concerns to the City to allow the City
to take prompt and appropriate corrective action, applicants, employees,
volunteers, officers, and officials have the option to report harassment,
discrimination, or retaliation to the U.S. Equal Employment Opportunity
Commission (EEOC) or the California Department of Fair Employment and
Housing (DFEH). These governmental agencies offer legal remedies and a
complaint process. The nearest offices are listed in the government section of the
phone book as well as on the posters located on City bulletin boards.
Section 7. City’s Response to Complaint of Harassment, Discrimination,
or Retaliation
Subdivision 1. Investigation Upon receipt of a complaint of alleged harassment,
discrimination or retaliation, the Human Resources Manager or designee will be
responsible for determining the type of investigation and coordinating the
investigation (unless the Human Resources Manager or designee is named in the
complaint, in which case City Manager or designee will coordinate the
investigation, unless the City Manager or designee is named in the complaint, in
which case the City Attorney or designee will coordinate the investigation, in which
case the Human Resources Manager references below will mean the investigation
coordinator).
The Human Resources Manager or designee may coordinate the investigation
with the complainant’s department director(s) and may hire an outside investigator
if the City deems appropriate. The type of investigation undertaken and the party
chosen to conduct the investigation will depend on the nature of the complaint
made and shall be determined by the Human Resources Manager or designee.
The Human Resources Manager or designee or the City Manager or designee, or
the City Attorney or designee if the City Manager is named in the complaint, may
take interim action to address the allegations and special circumstances, such as
placing the alleged accused on paid administrative leave. No interim action should
be taken to change the complainant’s working conditions unless the complainant
voluntarily requests and/or consents to the temporary change.
Internal investigations typically fit into two categories, informal investigations and
formal investigations, which are dictated by circumstances and at the discretion of
the investigator. The investigator will review the complaint allegations in an
objective manner and to the extent that the City deems necessary. The
City of Saratoga Personnel Rules and Policies 9
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Article 3. Policy Against Harassment, Discrimination and Retaliation
investigation will normally include interviews with the reporting individual
(complainant), the accused, and any other person who is believed to have relevant
knowledge concerning the allegations. The investigator will remind all witnesses
to maintain the confidentiality of the content of the interview and not to retaliate
against those who report alleged harassment or who participate in the
investigation.
The City takes a proactive approach to potential Policy violations and will conduct
an investigation if any management becomes aware that harassment,
discrimination or retaliation may be occurring, regardless of whether or not the
recipient of the alleged conduct or a third party reports a potential violation of this
Policy.
Subdivision 2. Remedial and Disciplinary Action If the investigation
determines that the alleged conduct occurred and that the conduct violated this
Policy, the City will notify the complainant and accused of the general
conclusion(s) of the investigation and take effective remedial action that is
designed to remedy the impact on the complainant and end the violation(s). Any
employee or officer determined to have violated this Policy will be subject to
disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager
who condones or ignores potential violations of this Policy, or who otherwise fails
to take appropriate action to enforce this Policy. Any official or contractor found to
have violated this Policy will be subject to appropriate sanctions.
Subdivision 3. Confidentiality Every possible effort will be made to protect the
confidentiality of complaints made under this Policy. Complete confidentiality
cannot occur, however, due to the need to fully investigate potential Policy
violations and take effective remedial action.
An individual who is interviewed during the course of an investigation is prohibited
from discussing the substance of the interview, except with a representative for
the employee such as an exclusive representative or as otherwise directed by a
supervisor or the Human Resources Manager or designee.
Any individual who discusses the content of an investigatory interview will be
subject to discipline, up to and including termination.
Subdivision 4. Investigation Report The City will not disclose a completed
investigation report except as it deems necessary to support a disciplinary action,
to take remedial action, to defend itself in adversarial proceedings, or to comply
with the laws or other legal requirements.
City of Saratoga Personnel Rules and Policies 10
Approved by the City Council on December 5, 2012
Article 4. Employee Recruitment, Selection and Appointment
ARTICLE 4. EMPLOYEE RECRUITMENT, SELECTION AND
APPOINTMENT
Section 1. Policy It is the policy of the City of Saratoga to recruit and select the
most qualified persons for positions in the City's service. Recruitment and
selection shall be conducted in a manner in accordance with the City's hiring
process that will ensure open competition, provide equal employment opportunity,
and prohibit discrimination or favoritism on the basis of any of the protected
classifications under applicable law. (See Article 3, Section 1.)
Section 2. Department Hiring Procedures
Subdivision 1. Department When a department has a staffing requirement, a
memorandum (“justification memo”) is prepared by the department director for City
Manager approval and sent to the Human Resources Division. The memo should
include the following essential information:
1. Preferred date the position is filled.
2. Job title and type of position – regular or temporary and full-time or part-
time. If the position is temporary, include the start and end date of the
temporary assignment.
3. Confirmation that the position is within the currently adopted budget. No
positions will be approved for recruitment that is not included in the
currently adopted budget. Any modifications in positions (e.g.
reclassifications due to reorganization (excluding alternately staffed
positions)) require City Council authorization through a mid-year budget
adjustment.
4. Job description changes/updates, if applicable. If a job description
needs to be updated, the Human Resources Division will coordinate with
the hiring department and update it prior to job posting.
5. Suggestions/recommendations for ad placement based on the position’s
area of the job market (e.g. City Manager, Western Cities monthly
magazine or website; Human Resources Manager, NORCAL Municipal
Human Resources Managers Group website).
6. Recommendation of potential subject matter experts and/or co-workers
to serve as interview panel participants.
Section 3. Job Posting When a request to fill a vacancy has been approved by
the City Manager, the following procedure shall be followed:
Job announcements will be posted in places available to the general public and all
City employees. Postings will include pertinent job information, including minimum
qualifications and salary range. Any tests and/or skill assessments will be
communicated to the applicants as part of the recruitment process. All City job
City of Saratoga Personnel Rules and Policies 11
Approved by the City Council on December 5, 2012
Article 4. Employee Recruitment, Selection and Appointment
descriptions are posted on the City’s public website and available to applicants for
review.
Job announcements shall be posted for not less than five (5) business days for
internal and/or external recruitments. This period of time may be waived by the
City Manager for emergency placements.
Section 4. Application Form All applications for employment shall be made on
forms prescribed by the Human Resources Division.
Section 5. Application Submittal All applications and supplemental material
such as cover letter, resume, etc. shall be submitted to the Human Resources
Division.
Section 6. Rejection of Applicants All applications and supplemental material
such as cover letter, resume, etc. are carefully reviewed by the Human Resources
Division. An applicant may be rejected if he/she:
1. Does not meet the minimum qualifications for the position.
2. Has falsified an application or resume. (Employees who violate or have
violated this section shall be subject to disciplinary action, up to and
including dismissal.)
3. Is unable to perform the essential functions of the position, with or
without reasonable accommodations.
4. Has been convicted of a crime that renders him/her unqualified for the
position to which he/she has applied.
5. Is less than 18 years of age if being considered for Regular Full-time
or Part-time employment.
6. Has established an unsatisfactory employment record.
7. Advocates the overthrow of the government of the United States by
force or violence.
8. Submitted an application after an announcement closed or submitted
an application for an unannounced position.
9. Submitted an incomplete application and/or failed to provide copies of
documents cited in the job announcement prior to a final decision on
hiring.
10. Could not submit written documentation in accordance with federal
legislation, verifying identity and right to work in the United States of
America.
Section 7. Selection
Subdivision 1. Application Review Process The intent of the application
review process is to maximize reliability, objectivity, and validity through a practical
and job-related assessment of whether the applicant meets the minimum
qualifications required for the position.
City of Saratoga Personnel Rules and Policies 12
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Article 4. Employee Recruitment, Selection and Appointment
Subdivision 2. Selection Method The Human Resources Division, in
consultation with the hiring department, shall be responsible for determining valid
selection methods to obtain the most qualified candidate for each vacancy.
Applicants invited for interview or employment testing can request reasonable
accommodations for a disability for the employment testing processes by
contacting a representative within the Human Resources Division. The Human
Resources Division shall make a decision regarding the reasonableness of the
accommodation request, and if approved, take the necessary steps to insure the
accommodation is provided. If the request is not approved, the Human Resources
Division shall inform the applicant of the reason for denial of the requested
accommodation, in writing, within three (3) working days of the decision.
Subdivision 3. Security Selection material shall be confidential. Every
precaution shall be taken by all persons participating in the development and
maintenance of selection materials to maintain the highest level of integrity and
security.
Subdivision 4. Nepotism Prohibited Any supervisor or manager who is in a
position to recommend employment or promotion of a relative (as defined by the
City’s Employment of Relatives policy, Article 17 of these rules) shall advise his/her
immediate supervisor, and withdraw from the selection process. Any employee
asked to participate in a selection process where a relative (as defined by the City’s
Employment of Relatives policy, Article 17 of these rules) is an applicant, shall
immediately inform the hiring supervisor of their conflict of interest and withdraw
from the selection process.
Subdivision 5. Pre-selection Prohibited No City employee will promise job
appointments to any person. All inquiries regarding vacancies should be referred
to the Human Resources Division.
Subdivision 6. Education and Experience Substitutions All internal and
external candidates seeking employment must meet the minimum qualifications
outlined in the relevant job announcement. Should a job posting yield an
insufficient pool of qualified candidates, the Human Resources Division in
collaboration with the hiring department/section will determine whether to re-post
the position or review applicant substitutions for education and/or experience.
a. Substitution of Experience for Education: Unless otherwise specified,
One (1) year of relevant experience may be substituted for each year of
required education. Relevant experience equips the applicant with the
particular knowledge, skills, and abilities to perform successfully the
duties of the position and is typically in or related to the work of the
position to be filled.
City of Saratoga Personnel Rules and Policies 13
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Article 4. Employee Recruitment, Selection and Appointment
(1) For example, if a position requires a Bachelor's degree in Public Administration
and an applicant has no college credits, four years of professional-level relevant
experience may substitute
for a Bachelor's degree. If a position requires a Master's degree and an applicant
has neither a Bachelor’s degree nor Master's degree, six (6) years of relevant
experience may be substituted for the required education.
b. Substitution of Education for Experience: Unless otherwise specified,
one (1) year of relevant education at the undergraduate level may be
substituted for one year of required experience. Relevant education
equips the applicant with the particular knowledge, skills, and abilities to
perform successfully the duties of the position and is typically in or
related to the work of the position to be filled.
(1) For example, if a position requires two years of experience as an Accounting
Technician, 60 credit hours of relevant study toward a Bachelor's degree in
Accounting may be substituted for the two year experience requirement. Credit
for one year of experience will be given for each year of (18 credit hours) relevant
education above the Bachelor degree level. For example, if a position requires six
(6) years of experience, a Master's degree may be substituted for the required
experience. Relevant courses may be substituted for experience, provided an
applicant submits a statement identifying the course for which they wish to be
credited.
c. Level of Experience: Only related and relevant professional level
experience will be credited for professional positions. Professional level
experience involves work that is intellectual and varied in nature,
requires advanced knowledge and education, and the exercise of
discretion and judgment.
Non-professional level experience may not be substituted for the required
professional level experience. In certain instances, non-professional experience
may be substituted for educational requirements when the applicant pool does not
contain applicants who meet the minimum requirements of the position.
Supervisory level experience will be credited if the experience involves supervision
of one or more full-time positions. Supervisory experience involves work in which
one has the authority to conduct performance evaluations, approve requests for
leave, and make recommendations regarding hiring, termination or other decisions
affecting the employment status of others.
d. Non-Allowable Substitutions
For professions that require a college degree in order to obtain a license or
certification to practice within the discipline, experience cannot serve as a
substitute for education.
City of Saratoga Personnel Rules and Policies 14
Approved by the City Council on December 5, 2012
Article 4. Employee Recruitment, Selection and Appointment
Subdivision 7. Final Candidate Selection
1. The Human Resources Division conducts professional employment
reference checks, coordinates criminal background check, and if applicable,
DMV report, and credit report.
2. The Human Resources Division sends out official letter of employment offer
authorized by the City Manager.
3. The Human Resources Division notifies the candidates interviewed but not
selected following notification that the recommended hire has been
approved and has accepted the position.
Section 8. New Hire Probation
Prior to the completion of the new hire probation period (12 months), management
shall decide whether or not to recommend continued employment. If the decision
is to discontinue employment, the incumbent shall be separated. If a decision is
made to continue employment, a Personnel Action Form shall be prepared by the
Human Resources Division for the hiring section’s authorization changing the
incumbent from probationary status to regular status.
Section 9. Immigration Law Compliance In compliance with the Immigration
Reform and Control Act of 1986, each new or rehired employee, as a condition of
employment, must complete the Employment Eligibility Verification Form I-9 and
present documentation establishing identity and employment eligibility. An
employee whose work authorization documents may expire is responsible for
keeping current such documents.
Section 10. Employee Orientation
New Employee. New employees shall receive a new employee orientation from
the Human Resources Division upon beginning City service.
1. Supervisor. Each Department Director will ensure that the department to
which the new employee is to be assigned makes provisions for the director or a
supervisor to be available for specific orientation of the new employee regarding
department functions, responsibilities, and unique requirements of the department
in addition to providing the new employee a walking tour of City facilities including
introductions of the new employee to staff throughout the organization.
City of Saratoga Personnel Rules and Policies 15
Approved by the City Council on December 5, 2012
Article 5. Employee Status
ARTICLE 5. EMPLOYEE STATUS
Section 1. FLSA - Exempt Employee An employee who meets one or more of
the duties test exemptions from overtime under the FLSA (e.g. executive,
administrative, professional, and specified computer employees) and who is paid
on a salary basis, meaning that he or she is compensated in a predetermined
amount that is not reduced, regardless of the quality or quantity of work actually
performed, except as required by the City’s principles of public accountability for
partial-day absences.
Section 2. FLSA Overtime-Eligible Employee An employee who is entitled to
FLSA overtime, regardless of whether paid on a salary or hourly basis will be paid
overtime in compliance with law. A non-exempt employee assigned to an FLSA-
exempt position on an acting or temporary basis remains overtime-eligible.
Section 3. At-Will Employee “At-will” refers to any City employee who:
(1) does not hold regular status, (2) serves at the pleasure of the City Council or
City Manager, and (3) can be terminated at any time with or without cause and
with or without notice and without the right of procedural due process, appeal,
grievance, or hearing. Employees who move from a “regular” employment status
to an at-will position will be required to sign a notification and acknowledgment of
at-will employment as a condition of employment.
Section 4. Probationary Employee An employee who is serving a
probationary period. The probationary period is part of the selection process.
Unless otherwise authorized by the City Manager, probation is a twelve (12) month
trial period during which a determination is made as to whether or not an employee
is suitable for their position. A new employee serves “at will” and can be dismissed
with or without cause by the City for any reason that is not unlawful during the
probationary period. This section does not apply to at-will employee status
described in Article 5. Employee Status, Section 3. At-Will Employee.
Section 5. Length of Probation Unless otherwise specified by an applicable
memorandum of understanding with an exclusive representative or these Policies,
the probationary period is twelve (12) months of actual and continuous City
service.
Subdivision 2. Separation Without Cause At any time during the probationary
period, the employment relationship may be terminated without cause and without
right of appeal, grievance or hearing. The City Manager or designee must approve
the termination. The probationary employee shall be notified prior to the expiration
of the probationary period that he or she has been rejected for regular
appointment.
City of Saratoga Personnel Rules and Policies 16
Approved by the City Council on November 19, 2014
Subdivision 3. Regular Appointment Requires Passing Probationary
Performance Review An employee will receive a regular appointment only Article
5. Employee Status when he/she receives a “meets expectations” or above rating
on his/her written probationary performance review, resulting in the passing of the
probationary period. If the employee does not meet the expectations for the
probationary period, he/she will be rejected for regular appointment.
Section 6. Regular Employee An employee who: (1) is regularly scheduled to
work on a continuing basis; and (2) has completed the probationary period for the
position he or she holds, and (3) holds a budgeted position which the City Council
has authorized the providing of health and welfare benefits. Health and welfare
benefit contributions paid by the City are based on the City Council authorized full-
time equivalent (1.0 FTE) position (work week of forty (40) hours). Health and
welfare benefit contributions by the City are prorated for City Council authorized
positions less than 1.0 FTE.
Section 7. Full-Time Employee An employee who is regularly scheduled to
work forty (40) hours per work week.
Section 8. Part-Time Employee An employee who is regularly scheduled to
work less than full-time.
Section 9. Temporary, Provisional or Seasonal Employee An employee
who is assigned to work on a particular project or for a job of limited or indefinite
duration is a temporary employee. A temporary employee: (1) does not hold
regular status, (2) does not serve a probationary period, (3) can be dismissed at
will from City employment at any time without right of procedural due process,
appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate
in any City health and welfare benefits, accrue Paid Time Off (PTO) or other paid
leaves, or receive any other benefits afforded to regular position appointments with
the exception of Subdivision 1, Healthy Workplaces, Healthy Families Act 2014.
Subdivision 1. Healthy Workplaces, Health Families Act of 2014 Effective July
1, 2015, temporary, provisional, or seasonal employees will accrue paid sick days
in accordance with the requirements of applicable state law.
Accrual requirements: Paid sick days will be accrued at a rate of one hour per
every 30 hours worked up to a permissible accrual cap of 48 hours, or 6 eight-hour
days, unless the law is interpreted to allow a lower accrual cap, in which case that
lower cap will apply. Accrual of paid sick leave requires the employee to have
worked for the City for 30 days. After 30 days of work, paid sick leave accrues
beginning at the commencement of employment or July 1, 2015, whichever is later.
City of Saratoga Personnel Rules and Policies 17
Approved by the City Council on November 19, 2014
Carry-over and cap on accruals: Unused, accrued sick days carry over from the
first year of employment to the next year, up to a permissible cap of 48 hours, or 6
eight-hour days. An employee is not allowed to accrue more than 48 hours of paid
sick leave. Once an employee has accrued a total of 48 hours paid sick leave, no
additional paid sick leave will accrue until the employee uses accrued paid sick
leave and reduces the balance to less than 48 hours. Thereafter, paid sick leave
benefits will continue to accrue on a prospective basis only until the employee
reaches the 48-hour maximum. No retroactive credit will be given for the time
when accrued paid sick leave was at the accrual cap (unless the law is interpreted
to require this).
Use of sick leave: Employees are entitled to use accrued paid sick days beginning
on the 90th day of employment. The City will not advance paid sick leave. An
employee may only use the paid sick leave that is accrued. An employee may not
use more than 24 hours of paid sick leave each year, even if the employee has
accrued more than this.
Sick leave must be taken by exempt employees only in increments of one (1) hour
or more in a workday. For example, when the employee leaves work for 1 or more
hours early due to illness.
Sick leave must be taken by non-exempt employees only in increments of 15
minutes (.25 hour) or more in a workday. For example, when the employee leaves
work for 15 minutes or more minutes early due to illness.
No pay-out of accrued sick leave upon termination: The City is not required to
and will not provide compensation to an employee for accrued, unused paid sick
days upon separation of employment. However, if an employee separates from
the City and is rehired within one year, previously unused paid sick days will be
reinstated.
Reasons for which sick leave can be used: Sick leave may be used for the
diagnosis, care, or treatment of an existing health condition of, or preventative care
for, an employee or an employee’s family member. The definition of “family
member” is broad and includes, for instance, children, parents, parents-in-law,
spouses, registered domestic partners, grandparents, grandchildren, and siblings,
among other persons. Sick leave may also be used for victims of domestic
violence, sexual assault, or stalking.
No discrimination or retaliation: The City will not deny an employee the right to
use accrued sick days, discharge, and threaten to discharge, demote, suspend, or
in any manner discriminate against an employee for using or attempting to use
accrued sick days or other protected activity under Labor Code 246.5(c).
The City will comply fully with the California Healthy Workplaces, Healthy Families
Act of 2014 by allowing an employee with accrued paid sick leave the right to use
City of Saratoga Personnel Rules and Policies 18
Approved by the City Council on November 19, 2014
the accrued paid sick leave for the purposes for which leave is allowed to be used
under this law. Please contact the Human Resources Division if you have any
questions or concerns.
City of Saratoga Personnel Rules and Policies 19
Approved by the City Council on November 19, 2014
Article 6. Employee Benefits
ARTICLE 6. EMPLOYEE BENEFITS
The City of Saratoga currently offers the benefits listed below. For a detailed
description of these benefits, employees should refer to the summary plan
documents distributed by the individual plan providers. In the event of a conflict
between the terms contained in the summary plan documents and the information
provided in this Policy, the summary plan documents will govern.
Section 1. Discretionary Benefits All regular City employees, who are
scheduled to work at least 40 hours per work week are eligible for the following
benefits. The City’s contribution of benefits for regular part-time employees and
full-time employees working less than 40 hours per work week will be prorated in
proportion to the number of hours worked or accrued leave hours paid as
compared to 40 hours per work week. The employee must pay the amount above
the City contribution.
Subdivision 1. Health Insurance The City contracts with the
California Public Employees Retirement System for the PERS health benefits
program which includes Kaiser Permanente and Blue Shield Health Maintenance
Organization (HMO) plan options and Preferred Provider Organization (PPO) plan
options, PERS Choice, PERS Select, or PERS Care through Anthem Blue Cross.
Employees may enroll in the plan of their choice; however, some plans require that
an employee live within a specific geographic area.
The effective date of health coverage is the first day of the month following the
employee’s date of hire.
The currently contracted health plans, premium amounts and City contribution, and
cash in-lieu payment information is available from the Human Resources Division.
City contribution amounts and cash in-lieu payments are prorated based on Full
Time Equivalent (FTE) (40 hours per work week).
If an employee and spouse are both City employees, only one employee is allowed
to be the employee enrollee for health coverage. One employee may choose to
enroll in the applicable coverage (employee +1 dependent or family coverage) and
the other employee must waive their health plan coverage and be enrolled as a
dependent. The enrolled dependent is not eligible for the cash in lieu payments.
City of Saratoga Personnel Rules and Policies 20
Approved by the City Council on November 19, 2014
The cash in-lieu payment is not an option for married couples or domestic partners
(pursuant to Family Code sections 297, et seq.) employed with the City.
Subdivision 2. Dental Insurance The currently contracted dental plan,
premium amounts and City contribution information is available from the Human
Resources Division. Cash in-lieu payments are made to employees who do not
elect dental insurance coverage, and are prorated base on Full Time Equivalent
(FTE) (40 hours per work week).
The effective date of dental coverage is the first day of the month following the
employee date of hire. The cash in-lieu payment is not an option for married
couples or domestic partners employed with the City.
Subdivision 3. Deferred Compensation (457 Plan) and Roth
IRA (Individual Retirement Arrangement) The City provides employees the
opportunity to contribute toward an IRS Section 457 deferred compensation plan
and/or Roth IRA managed by a third party plan administrator. Employees may
contribute an amount up to a federally mandated maximum per calendar year on
a pre-tax basis for the 457 deferred compensation plan and on a post-tax basis for
the Roth IRA.
Subdivision 4. Retirement Plan The City is a contracting agency of the
California Public Employees Retirement System (PERS). Regular employees
become members immediately upon employment and become vested
after five (5) years of service. The City pays the City’s contribution as a contracting
employer. For employees hired before May 12, 2012, the City through its contract
with PERS provides for retirement benefits of 2% at 55 (effective September 1,
1999), one year final compensation (average full-time monthly pay rate for the
highest 12 consecutive months), optional purchase of service credit at retirement
using unused Paid Time Off, 1959 survivor benefits (Level 3) if death occurs prior
to retirement and after retirement, and continuance of benefits to employee’s
survivor. The descriptions of benefits can be found in the “PERS Benefits for Local
Miscellaneous Members”. For employees hired on or after May 12, 2012, the City
provides a 2% at 60, 3-year average compensation (highest average annual
compensation earnable by a member during the three consecutive years of
employment immediately preceding the effective date of his or her retirement).
Subdivision 5. Short Term Disability Insurance The City will pay
75% of an employee’s salary based on the employee’s full-time equivalent position
(e.g. 1.0, .75., .60), including 75% prorated holiday pay, and maintain the City's
contribution for existing insurance benefits coverage, subject to family and medical
leave laws employee eligibility requirements (See Article 13, Section 3,
Subdivision 11), for an employee on a disability leave, for six months from the date
of the employee’s qualifying injury or illness, unless provided otherwise by an
applicable MOU. Employee’s on disability who have exhausted their family and
City of Saratoga Personnel Rules and Policies 21
Approved by the City Council on November 19, 2014
medical leave law eligibility are 100% responsible for the continuation costs of
insurance benefits coverage through COBRA (See Article 6. Section 2.
Subdivision 3.).
Short term disability payments will commence only after 12 continuous working
days based on the employee’s assigned work schedule (including Off Fridays of
an authorized 9/80 work schedule, holidays and furlough days), during which the
employee is totally disabled, or only after all of the employee’s accrued paid time
off is exhausted, whichever is later. Short term disability payments are reported
to PERS as salary earned.
An employee on short term disability leave is entitled to accrue Paid Time Off
(PTO) within the six (6) month period after the date of injury or illness while on paid
status as a result of using accrued (PTO). The accrual of PTO shall be prorated
based on the number of hours of PTO that is being utilized by the employee.
Upon exhaustion of all accrued PTO, an employee on short term disability leave
shall no longer accrue paid time off. In other words, while an employee is receiving
the short-term disability payment of 75% of his/her full salary; the employee will
not accrue paid time off. (See Article 6, Section 3, Subdivision 2).
In the event the employee remains on short term disability for six (6) months, the
City provides a long term disability plan benefit through a third party administrator
as described below.
Subdivision 6. Long Term Disability Insurance The City provides a long
term disability plan benefit through a third party administrator to provide an
employee with income protection of short term disability described above. The
group insurance policy will cover 66 2/3% of the employee’s monthly base salary
up to a maximum of $2,000 per month. Long-term disability benefits will be
reduced for income received through social security, workers’ compensation
and/or California State Disability Insurance (SDI).
Employee’s whose salaries exceed $3,000 monthly are eligible to purchase
additional long term disability insurance for 66 2/3% of monthly base salary up to
a salary maximum of $8,200 per month; however, availability of the plan is subject
to the carrier’s minimum requirement of ten (10) enrollees.
Employees on long term disability are 100% responsible for the continuation of
insurance benefits coverage through COBRA (See Article 6. Section 2.
Subdivision 3.).
Subdivision 7. Life Insurance and Accidental Death Insurance The City
offers basic life and accidental death insurance benefits through a third party
City of Saratoga Personnel Rules and Policies 22
Approved by the City Council on November 19, 2014
administrator. Each is covered at $50,000 for non-management employees,
$100,000 for mid-management and $150,000 for management employees. If an
employee dies with a qualifying accidental death, the beneficiary would receive
both the life coverage and the accidental death coverage.
Subdivision 8. Employee Assistance Program Counseling services are
available to employees and their immediate family through a third party
administrator. Programs include personal financial management, stress
management, marital and related domestic issues, drug or alcohol dependency,
and other personal and work-related issues.
Subdivision 9. Flexible Medical Spending Plan Under Section 125 of the
Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a
federally prescribed maximum of wages per year into a Medical Flexible Spending
Account for eligible out-of-pocket medical and dental expenses. The City offers
this program through a third party administrator.
Subdivision 10. Dependent Care Spending Plan Under Section 125 of the
Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a
federally prescribed maximum of wages per year into a Dependent Care Flexible
Spending Account for eligible out -of pocket dependent care expenses. The City
offers this program through a third party administrator.
Subdivision 11. Tuition Reimbursement Regular employees of the City who
have been employed continually for at least 12 months prior to commencement of
an approved or required course are eligible for the City’s tuition reimbursement
program.
a. Coursework for Degree or Certificate - If the course(s) taken is/are job
related or in fulfillment of the requirements for a degree or certificate, one
hundred percent (100%) reimbursement will be afforded for tuition, fees and
books by the CITY up to a maximum of one thousand dollars ($1,000) per
employee per fiscal year. The Department Head and City Manager will
determine job-relatedness.
b. Coursework for Professional Development - If the course(s) is/are not
specifically related to the employee’s current position, and does not fulfill
the requirements for a degree or certificate, but does provide for
professional development related to the worker’s position of employment or
a higher position in the CITY, reimbursement will be afforded for tuition, fees
and books by the CITY at one-hundred percent (100%), up to a maximum
five hundred dollars ($500) per employee per fiscal year.
City of Saratoga Personnel Rules and Policies 23
Approved by the City Council on November 19, 2014
Reimbursement will be afforded after successful completion of the course(s)
requirements. Successful completion is defined as a “C” grade or a “Pass” on a
pass-fail system.
Section 2. Legislated Benefits The following benefits are mandated by law
and apply to all City employees:
Subdivision 1. Workers’ Compensation Workers’ Compensation is a no-
fault, benefit delivery system which compensates employees who are injured at
work. The City participates in a self-funded Workers’ Compensation Shared Risk
Pool (SHARP).
An employee who is injured or becomes ill as a result of work performed for the
City is entitled to leave without pay for all or part of the period during which the
employee receives temporary disability payments under the California Workers’
Compensation Act. When appropriate, the City will designate absences due to
occupational injury or illness as Family and Medical Leave. Leave for a work-
related injury or illness may run concurrently with other types of leaves, such as
Family and Medical Leave.
An employee receiving workers’ compensation may use accrued Paid Time Off
(PTO) or earned Administrative Leave to supplement income received under the
California Workers’ Compensation Act to reach the equivalent of his/her full salary.
An employee on leave without pay who is receiving temporary disability payments
under the California Workers’ Compensation Act does not accrue paid time off as
if on pay status.
Workers' compensation insurance provides five basic benefits:
Medical care: Paid for by the City through its third party claims administrator to
help the employee recover from an injury or illness caused by work
Temporary disability benefits: Payments if the employee loses wages because
the injury prevents them from doing their usual job while recovering. As a general
rule, an employee is paid two-thirds of their gross (pre-tax) wages at the time of
injury, with minimum and maximum rates set by CA State Law. Temporary
disability payments begin when the doctor says the employee can’t do his or her
usual work for more than three days or he or she gets hospitalized overnight.
Permanent disability benefits: Payments if the employee doesn’t recover
completely
Supplemental job displacement benefits (if the employee date of injury is in 2004
or later): Vouchers to help pay for retraining or skill enhancement if the employee
doesn’t recover completely and doesn’t return to work for the City
City of Saratoga Personnel Rules and Policies 24
Approved by the City Council on November 19, 2014
Death benefits: Payments to the employee’s spouse, children or other
dependents if employee dies from a job injury or illness.
Subdivision 2. Unemployment Insurance Compensation The
State Unemployment Insurance program, paid by the City, provides partial income
replacement to employees who become unemployed if determined eligible by the
Employment Development Department (EDD) to receive benefits.
Subdivision 3. Consolidated Omnibus Budget Reconciliation Act of
1986 (COBRA) A federal health Insurance law that requires employers to offer
employees and their covered family members continued participation in
employer’s group health insurance program, at special rates, following a
“qualifying event."
Subdivision 4. Health Insurance Portability and Accountability Act
(HIPAA) A federal law that limits the circumstances under which medical coverage
may exclude pre-existing medical conditions and protects the privacy of certain
health-related information.
Subdivision 5. Break Time For Nursing Mothers
Section 7 of the Fair Labor Standards Act (“FLSA”) requires employers to provide
reasonable break time for an employee to express breast milk for her nursing child
for one year after the child’s birth each time such employee has need to express
the milk. The City is committed to providing a place, other than a bathroom, that is
shielded from view and free from intrusion from coworkers and the public, which
may be used by an employee to express breast milk.
Section 3. Paid Time Off (PTO) The City provides Paid Time Off (PTO), also
referred to as annual leave, benefits to regular full-time employees for the purpose
of rest, relaxation, and interruptions from the workplace including vacation, illness,
caring for children, school activities, medical/dental appointments, personal
business, or emergencies. PTO for the purpose of illness may be used for the
same purposes as described in the California Healthy Workplaces, Healthy
Families Act of 2014 including but not limited to the diagnosis, care, or treatment
of an existing health condition of, or preventative care for, an employee or an
employee’s family member. The definition of “family member” is broad and
includes, for instance, children, parents, parents-in-law, spouses, registered
domestic partners, grandparents, grandchildren, and siblings, among other
persons. PTO may also be used for victims of domestic violence, sexual assault,
or stalking.
The City will comply fully with the California Healthy Workplaces, Healthy Families
Act of 2014 by allowing regular full-time employees with PTO the right to use PTO
for the purposes for which leave is allowed to be used under this law. Please
contact the Human Resources Division if you have any questions or concerns.
City of Saratoga Personnel Rules and Policies 25
Approved by the City Council on November 19, 2014
The City encourages employees to take time off in order to receive the personal
replenishment value intended. All use of PTO is to be scheduled in advance and
approved by a supervisor except in the case of illness or an emergency.
PTO must be taken by exempt employees only in increments of one (1) hour or
more in a workday. For example, when the employee leaves work for 1 or more
hours early to take care of personal business.
PTO must be taken by non-exempt employees only in increments of 15 minutes
(.25) or more in a workday. For example, when the employee leaves work for 15
minutes or more minutes early to take care of personal business.
Subdivision 1. Eligibility All regular full-time employees are eligible to take
and/or accrue paid time off based on their continuous length of service, measured
from the date of hire. Continuous length of service is defined as service that is
uninterrupted by termination of employment and subsequent rehire by the City. A
leave of absence for legally protected reasons may not constitute a break in
service when the law specifies that result.
Subdivision 2. Paid Time Off (PTO) Accrual The amount of PTO earned
each calendar year is based on the employee’s continuous length of service. PTO
hours are calculated as earned on a bi-weekly accrual schedule. All PTO hours
are based on compensated work hours. Therefore, PTO accruals for regular part-
time employees scheduled to work less than 40 hours per week, as well as
employees on a voluntary reduced work schedule shall be prorated accordingly.
Employees will not accrue PTO hours while on unpaid status, (e.g., Short Term
Disability (STD), Long Term Disability (LTD)), unless otherwise required by
applicable law.
Subdivision 3. Paid Time Off (PTO) Accrual Schedule for Full-
Time Employees
The accrual rates and maximum accrual of hours is the amount stated in the
employee groups MOU or the below amount for employees whose amount is not
specified in an MOU or for employees who are not governed by an MOU
(unrepresented employees).
Years of Service Days Accrued Hours Accrued Maximum
Accrual Hours
Years 0 thru 5 22 176 600
After 5 years 27 216 600
After 10 years 32 256 600
City of Saratoga Personnel Rules and Policies 26
Approved by the City Council on November 19, 2014
Subdivision 4. PTO Upon Termination Upon separation from City
service, the City will pay 100% of the employee’s accrued paid time off (up to the
600 hours accrual maximum or the applicable MOU’s specified maximum for
accrual of PTO hours) at the employee’s regular rate of pay. When an employee
voluntarily resigns from employment, no paid time off may be used between the
time the notice of resignation is given and the employee’s last day of work, unless
authorized in a written document signed by the City Manager.
Subdivision 5. Payout at Retirement Upon retirement from City
service, an employee may choose to use their accrued paid time off for the purpose
of obtaining additional service credit under PERS. An employee may choose to
use all of his/her accrued paid time off as sick leave for service credit. If an
employee chooses to apply less than 100% of his/her accrued paid time off toward
PERS service credit, the City will pay 100% of the employee’s remaining accrued
paid time off at the employee’s regular rate of pay.
Section 4. Administrative Leave Administrative Leave is compensated time
off given to regular, full-time exempt employees of the City. This leave shall be
taken in a manner consistent with PTO. Use of administrative leave is a privilege
and is provided in recognition that City projects often require employees to
devote whatever hours are necessary, irrespective of a regular scheduled
workweek, to fulfill the obligations of the job. Employees are granted a specific
number of hours per fiscal year, specified in each MOU. Administrative Leave
must be taken by exempt employees in increments of one hour or more in a
workday. For example, where the employee leaves work for an hour early to
take care of personal business. Administrative Leave must be exhausted prior to
using PTO.
City of Saratoga Personnel Rules and Policies 27
Approved by the City Council on November 19, 2014
Article 7. Performance Evaluations
ARTICLE 7. PERFORMANCE EVALUATIONS
Section 1. Frequency Supervisors are authorized to evaluate a subordinate’s
performance as often as the supervisor deems appropriate, however, employee
performance will be evaluated at least one time each year.
Section 2. Process The evaluation of an employee’s performance is an ongoing
process. Evaluations must be documented in writing. The supervisor(s) will review the
evaluation in a private meeting with the employee. The employee shall sign the
performance evaluation to acknowledge that the employee is aware of its contents and
has discussed the evaluation with his or her supervisor. The employee’s signature on the
evaluation does not necessarily indicate agreement with its contents. The employee will
receive a copy of the evaluation after the meeting with the supervisor(s) and a copy of
the evaluation will be placed in the employee’s personnel file.
Section 3. No Appeal An employee does not have the right to appeal any matter
relating to a performance evaluation. Instead, the employee may comment on the
evaluation in a written statement which will then be placed with the evaluation in the
employee’s personnel file. The written statement must be signed by the employee and
provided to the Human Resources Division within 30 days of the evaluation meeting.
City of Saratoga Personnel Rules and Policies 28
Approved by the City Council on December 5, 2012
Article 8. Personnel Files and Reference Requests
ARTICLE 8. PERSONNEL FILES AND REFERENCE REQUESTS
Section 1. File Maintenance The Human Resources Division maintains a personnel
file for each City employee. Personnel files are the property of the City, and access to
files is restricted as stated in this section.
Section 2. File Content The personnel file contains information including an
individual’s: 1) employment application, personal emergency contact information,
promotions, demotions, transfers, salary, performance evaluations, disciplinary actions,
work history, status and tenure, etc. The personnel file also provides a basis for the
decision-making in personnel actions and operations and assists the City in personnel
administration.
Section 3. Employee’s Responsibility to Notify City of Changes Each employee is
responsible for promptly notifying in writing the department director and the Human
Resources Division of any changes in relevant personal information, including change of
name, mailing address, telephone number, emergency contacts, and number and names
of dependents (including changes in dependents based on marriage, birth, separation
and divorce.)
Section 4. Medical Information “Medical information” means any information that
identifies the employee and pertains to his or her medical history, mental or physical
condition, or medical treatment. All employees’ medical information shall be kept in
separate, secure (locked) confidential files.
Section 5. Access to Personnel Files
Subdivision 1. City Employees A City employee may review his or her personnel
file at reasonable times and intervals. An employee who wishes to review his or her file
must contact the Human Resources Manager to arrange for an appointment with the
Human Resources Division. The review will be conducted in the presence of a Human
Resources Division designee. An employee, upon request, is entitled to receive a copy
of any employment-related document he or she has signed.
Subdivision 2. Employee Representatives An exclusive bargaining representative
(meaning a representative of the employee’s bargaining organization) may inspect an
employee’s personnel file without the employee only if the employee has provided written
consent.
Subdivision 3. City Management or Confidential Personnel The City Manager,
City Attorney and legal representatives, Human Resources Manager and department
head are authorized to access personnel files as part of their job as needed for legitimate
City of Saratoga Personnel Rules and Policies 29
Approved by the City Council on December 5, 2012
personnel administration purposes. Confidential personnel assistants may access
personnel files as required by their Article 8. Personnel Files and Reference Requests
job duties. Those who are authorized to access personnel files are required to maintain
the confidentiality of personnel file information.
Subdivision 4. Confidential Material Notwithstanding any of the above, neither an
employee nor an exclusive bargaining representative may have access to: (1) documents
that pertain to pending investigations regarding the employee’s conduct; or (2) references
and related information given in confidence as part of the City employment application or
promotion process. The City will not disclose employee medical information without prior
written authorization from the employee, except to City management personnel and City
legal representatives with a legitimate personnel need for access and except as required
by law, subpoena, or Court order.
Section 6. Destruction of Personnel Records Personnel records, including
employment applications, shall be destroyed only in accordance with the City’s retention
schedule and applicable state and federal law.
Section 7. Employment Reference Requests All requests for employee references
shall be referred to the Human Resources Division. Information will be released as
authorized in writing signed by the employee or former employee if the authorization is
legally sufficient. If there is no legally sufficient written authorization, the City will release
only the following information: the employee’s beginning and end dates of employment,
title, and salary upon departure from City employment.
City of Saratoga Personnel Rules and Policies 30
Approved by the City Council on December 5, 2012
Article 9. Transfer, Reinstatement, Resignation and Job Abandonment
ARTICLE 9. TRANSFER, REINSTATEMENT, RESIGNATION AND JOB
ABANDONMENT
Section 1. Transfer A transfer is the reassignment of an employee from one position
to another, to the same or a different classification that has the same or similar maximum
salary range, involves similar duties, and requires substantially similar minimum
qualifications. A transfer may be involuntary or voluntary.
Subdivision 1. Voluntary Transfer A regular employee with an overall “meets
expectations” or better rating on their evaluations and no disciplinary actions in the past
year may submit a written request to the Human Resources Division to transfer to another
position in the same or lower classification for which the employee is qualified. The
request will be retained for one year after its receipt. With the approvals of the department
director over the current and prospective positions, the employee may be transferred to
the new position when the first vacancy becomes available.
Subdivision 2. Involuntary Transfer A department director(s) may
involuntarily transfer an employee at any time and for any non-disciplinary reason. An
employee so transferred has no right of appeal. As an example, an involuntary transfer
may occur when the operational needs and demands of one division increase or change,
thereby necessitating the transfer in of personnel from another division.
Section 2. Reinstatement A regular employee who has resigned, or has otherwise
been separated while in good standing, may be considered for reinstatement, upon
recommendation of the department director and approval of the City Manager, to a
position in the former employee’s classification. Reinstatement is at the City’s sole
discretion. An individual requesting reinstatement will be required to apply, pass a medical
and/or psychological examination and any other qualifying tests or procedures as in the
case of a new employee. Reinstated employees are paid at the salary range and step
held at the time of resignation or separation. A reinstated employee shall serve a
probationary period as defined in these Policies. Credit will be granted for prior service
for purposes of PTO accrual rates.
Section 3. Resignation Resignation is an employee’s voluntary separation from City
employment. The City Manager, Department director(s), and the HR Manager have
authority to accept resignations. To resign from City employment in good standing, an
employee must inform his or her department director and the Human Resources Manager
in writing at least two weeks prior to the effective date of resignation. A resignation
becomes final and irrevocable at the time the City Manager, Department Director, or the
Human Resources Manager accepts the resignation. The Department Director and the
Human Resources Manager, at the authority of the City Manager, have the discretion to
City of Saratoga Personnel Rules and Policies 31
Approved by the City Council on December 5, 2012
accept a resignation, Article 9. Transfer, Reinstatement, Resignation and Job
Abandonment
in writing, which will be effective immediately and allow the employee to resign in good
standing.
Section 4. Job Abandonment An employee is deemed to have resigned if the
employee is absent for 3 consecutive work days without prior authorization and without
notification on each day of the period of the absence. Only regular employees will receive
notice of intent to terminate, an opportunity to respond, and final notice of termination for
job abandonment.
An employee separated for job abandonment will be reinstated upon proof of
justification acceptable to the City for such absence, such as severe accident, severe
illness, false arrest, or mental or physical impairment which prevented notification.
No employee has any right to procedural due process, appeal, grievance or hearing for
separation due to job abandonment.
City of Saratoga Personnel Rules and Policies 32
Approved by the City Council on December 5, 2012
Article 10. Layoff
ARTICLE 10. LAYOFF
Section 1. Policy It is the City’s intent to avoid employee layoffs whenever possible.
When, however, in the City’s judgment it is necessary to abolish a position of employment,
the employee holding the position may be laid off or demoted without disciplinary action
and without the right of appeal. When feasible and practicable, the City will meet with
employees of the affected classification in order to determine whether or not a voluntary
reduction in hours or other solution may be presented in order to avoid the pending layoff.
Section 2. Notice Whenever possible, an employee subject to layoff will be given at
least 14 calendar days’ notice prior to the effective date of the layoff. Layoff notification
will be provided in the form of a “Notice of Layoff.” At the time of notice, the employee
will also be notified of any displacement rights or rights to reemployment, as described
below.
Section 3. Order of Layoff
Subdivision 1. Employees shall be laid off within a classification in the following order:
(1) temporary employees, (2) probationary employees, (3) regular employees. All
employees shall be laid off in the inverse order of their seniority within their classification.
Seniority is determined by length of service. “Length of service” means employment
without interruption, including all days of attendance at work and authorized leaves of
absence. Length of service does not include unauthorized absences or periods of
suspension or layoff.
Subdivision 2. In cases where two or more employees in the classification have the
same seniority determination, the following procedure will be used: Employees shall be
laid off on the basis of the last evaluation rating in the classification, provided that such
information has been on file at least 30 days and no more than 12 months prior to layoff.
In such a case, employees shall be laid off in the following order: (1) employees with an
“unsatisfactory” or “below expectation” or similar performance numerical rating, (2)
employees having a “meets expectations” or similar performance numerical rating, (3)
employees with an “exceed expectations or outstanding” or similar performance
numerical rating.
Section 4. Demotion Upon request of the employee and with approval of the
appointing authority, an employee subject to layoff who has not held status in a lower
classification may be allowed to demote to a vacant, authorized position in the same
department if he/she meets all the requirements of the lower position as determined by
the appointing authority. All employees who are demoted under this paragraph will be
paid at the rate of pay for the lower position.
City of Saratoga Personnel Rules and Policies 33
Approved by the City Council on December 5, 2012
Section 5. Transfer The appointing authority may transfer an employee subject to
layoff to a vacant, authorized position if the employee is qualified and capable of
performing the essential functions of the position as determined by the Article 10. Layoff
appointing authority. An employee who is transferred will be paid at the rate of the
position to which he or she is transferred. Any employee who does not accept a transfer
within 5 working days after a Notice of Transfer is given will have automatically forfeited
the ability to transfer. If the transfer involves a change from one department to another,
both department directors must consent unless the City Manager orders the transfer for
purposes of economy or
efficiency.
Section 6. Re-employment Regular employees who have received a satisfactory or
better evaluation for the 12 months prior to layoff and have completed their probationary
period at the time of the layoff, shall be automatically placed on a re-employment list for
one year for the classification from which they were laid off. This list will be used when a
vacancy arises in the same or a lower class of position with similar duties and skills
required. Reemployment shall be based on seniority should more than one person in the
same classification be laid off from the same department. Employees who are offered
and refuse re-employment will be removed from the re-employment list. Employees re-
employed in a lower class, or on a temporary basis, will continue to remain on the list for
the higher position for one year from the date of layoff.
Section 7. Insurance Benefits Upon Layoff The City will extend medical insurance
benefits for two months to an employee who has been laid off. During this two-month
period, the City will continue to pay the previously established contribution for the
employee's medical insurance premium if the employee continues to pay the employee's
portion and if the employee completes and submits required COBRA documents.
Section 8. Paid Time Off (PTO) Upon separation from the City service, the City agrees
to pay 100% of the employee’s accrued PTO at the employee’s regular rate of pay at the
time of separation in accordance with Article 6, Section 3.
City of Saratoga Personnel Rules and Policies 34
Approved by the City Council on December 5, 2012
Article 11. Work Week, Hours of Work, and Absence Control
Article 11. WORK WEEK, HOURS OF WORK, AND ABSENCE
CONTROL
Section 1. Work Week Defined Unless otherwise specified in a memorandum
of understanding, or as designated in a flexible work schedule, or as designated
in a FLSA 29 USC § 207(k) schedule for safety employees, the work week begins
at 12:00 a.m. Sunday and ends at 11:59 p.m. Saturday.
Subdivision 1. Alternative Work Week The City utilizes alternative work
schedules for a variety of classifications and positions within the City service. A
department director has discretion to approve an alternative work week, provided
that the alternative work week: 1) totals no more than 40 hours; 2) has a specific
starting day and time that is noted in the employee’s payroll record; and 3) meets
the needs of the public and the department.
Section 2. Hours of Work All employees are expected to be at their
workstations and ready to work at the start of their scheduled work day or shift.
Work hours shall be assigned to meet operational needs. The Department Director
may change an employee's work period, week, or hours at any time, unless
otherwise specified in an applicable MOU.
Section 3. Absence Control Arriving late to work or leaving early or late in
connection with scheduled work times, breaks, or meal periods is prohibited. An
employee is required to obtain advance permission from his or her supervisor for
any foreseeable absence or deviation from regular working hours.
All absences or deviations from regular working hours must be accurately reported
on the employee’s timecard.
Exempt (salary) employees must report on timecard all absences or deviations
from regular working hours in increments of one (1) hour or more in a workday.
Non-Exempt (hourly) employees must report on timecard all absences or
deviations from regular working hours in increments of 15 minutes (.25) or more in
a workday.
Subdivision 1. Employee’s Duty to Notify of Late Arrival or Absence An
employee who is unexpectedly unable to report for work as scheduled must notify
his or her immediate supervisor no later than the scheduled work time (preferably
an hour in advance of the scheduled start time) and report the expected time or
duration of any late arrival or absence. If the employee's immediate supervisor is
not available, the employee must notify another supervisor or employee within
same division/department.
City of Saratoga Personnel Rules and Policies 35
Approved by the City Council on December 5, 2012
Article 11. Work Week, Hours of Work, and Absence Control
An employee who fails to timely notify the City of late arrivals or absences, or who
is not present and ready to work during all scheduled work times will be deemed
to have an unauthorized tardiness or absence.
Subdivision 2. Excessive Tardiness/Absenteeism
Excessive tardiness or absenteeism significantly disrupts the work production of
the City.
Excessive tardiness or absenteeism exists when an employee’s absence from
work has an adverse effect on a department’s ability to complete normal work
requirements or provide normal services. The employee’s frequent tardiness or
absences render the employee unavailable to work, thus creating a hardship on
the department and the City.
Excessive tardiness or absenteeism may be grounds for discipline, up to and
including termination.
Excessive tardiness or absenteeism excludes the use of leave protected by law or
pre-approved absences from work.
Section 4. Meal and Rest Periods Rest and meal periods are intended to allow
employees to rest and relax. Rest and meal periods must be taken by the non-
exempt (overtime-eligible) employee. Non-exempt employees receive:
Two ten-minute rest periods, one during each four-hour shift, for each eight-
hour to ten-hour working day. These breaks may not be combined or added to a
meal period. If an employee works between three and one-half hours and six
hours in a day, the employee receives one ten-minute break. If the employee
works over six hours, the employee receives two ten-minute breaks. If an
employee works over ten hours, the employee receives three ten-minute breaks.
Rest periods include restroom breaks, personal calls or activities, smoking breaks,
and similar non-working time. The employee is relieved of all duties for the entire
rest period.
One unpaid meal period of 30-60 minutes, depending on the department
schedule, is provided for each employee who works more than 5 hours. An
employee is free to leave the worksite during meal periods. The employee is
relieved of all duties for the entire meal period.
Please observe the following rules governing breaks and meal periods:
City of Saratoga Personnel Rules and Policies 36
Approved by the City Council on December 5, 2012
Article 11. Work Week, Hours of Work, and Absence Control
An employee must return to his/her work area promptly after a break or meal
period.
Tardy returns may result in discipline, up to and including termination of
employment.
Hourly employees must comply with timecard reporting requirements.
If an employee believes that a supervisor is discouraging or impeding the taking
of rest periods and meal periods, the employee is to express their concern to the
Human Resources Manager, either by phone, email, or in person on the same day
on which the concern occurred or as soon as practical. The Human Resources
Manager will discuss with the involved staff and facilitate a resolution.
Section 5. Timekeeping Requirements Each overtime-eligible employee is
expected to complete your timecard on a daily basis to note your starting time,
lunchtime (beginning and ending times) and ending time. Each entry must include
actual start and stop times, which mean the exact time you were ready to begin
work and when your work period/day ended. You are expected to be at your work
area and be ready to begin work at your scheduled start time and continue to work
productively until the end of your work time.
All hourly employees must submit a signed timecard to their supervisor two
days prior to the last day of the pay period. Your signature verifies the hours you
worked as being accurate.
Lunches must be recorded (beginning and ending times) on the timecard if
the City’s timecard requires lunches to be recorded.
Each employee must ensure your timecard accurately notes your time
worked. Falsifying a timecard will not be tolerated and will result in discipline, up
to and including termination of employment. Falsifying includes over-reporting
your time worked (claiming time was worked when you did not in fact work that
time) and underreporting your time worked (claiming that you stopped work or
were not working when you in fact are working or continued to work off the clock).
PTO and Administrative Leave must be recorded on the timecard by exempt
(salary) employees in increments of one (1) hour or more in a workday.
PTO must be reported on the timecard by non-exempt (hourly) employees
in increments of 15 minutes (.25) or more in a workday.
City of Saratoga Personnel Rules and Policies 37
Approved by the City Council on December 5, 2012
Article 11. Work Week, Hours of Work, and Absence Control
All types of leave, (e.g. PTO, Holiday, Administrative Leave, and other
leave) must be logged on the timecard.
Supervisors are required to review all timecards for accuracy and to sign all
timecards before submitting to payroll by the due date.
Section 6. Compliance with Legal Requirements and Overtime The City will
pay its employees in compliance with applicable federal wage laws.
Some employees will be overtime-exempt and not eligible for overtime pay. Other
employees will be non-exempt or overtime-eligible as determined by position. The
City may require an employee to work overtime or hours in excess of the
employee’s regularly scheduled workweek. Overtime will be paid in compliance
with applicable law.
Overtime must be approved, in advance, by the City Manager, your supervisor, or
the Department Director.
An employee who works overtime without prior approval may be subject to
discipline, up to and including termination of employment.
Section 7. Paycheck Review and Accuracy The City strives to ensure that
paychecks are accurate. Each employee is required to review their paycheck and
pay stub documents to verify the accuracy of each employee’s paycheck. If the
employee notices an inaccuracy (either overpayment or underpayment), the
employee must report (preferably in writing) the inaccuracy to Payroll staff within
three business days. Payroll staff will investigate and correct any inaccuracies.
City of Saratoga Personnel Rules and Policies 38
Approved by the City Council on December 5, 2012
Article 12. Compensation and Payroll Practices
ARTICLE 12. COMPENSATION AND PAYROLL PRACTICES
Section 1. Salary Upon Appointment Initial appointments are normally paid at
the beginning of the salary range for the classification. When, in the discretion of
the City Manager, the education, training, or experience of a prospective employee
is such that a salary in excess of the beginning of the salary range is justified, the
City Manager may authorize a higher salary for the classification.
Section 2. Salary Upon Acting Assignment (Work out of Class) An
employee is entitled to begin receiving acting pay at the salary in the acting
classification that is at least 5% higher than the employee’s regular classification
only after 15 continuous work days (not including Off Fridays of an authorized 9/80
work schedule, holidays, or unpaid furlough days) in the classification and only if
all of the following criteria are met: 1) the Department Director assigns in writing
the employee to work in a permanent position that is vacant or whose incumbent
is absent; 2) the salary range of the assigned classification is at least 5% higher
than the employee’s regular classification; and 3) the employee performs all of the
duties of the higher-paid classification for more than 15 continuous days. In the
event, while on acting assignment, the employee begins a qualified family and
medical care leave and is eligible for Short-Term Disability (see Article 6., Section
1., Subdivision 5. Short Term Disability Insurance) or Military Leave (see Article
13. Section 6. Military Leave), the employee will be paid at the salary of the
employee’s regular classification.
Section 3. Salary Upon Transfer An employee who is transferred from one
position to another in the same classification is paid at the same wage rate. An
employee who is transferred to a position in a different classification is paid at the
wage rate of the new classification.
Section 4. Salary Upon Reclassification
Subdivision 1. Reclassification to a Higher Salary Range When
an employee is reclassified to a position within a classification that has a higher
salary range than the prior classification, the employee receives pay at the
beginning of the new classification’s salary range.
Subdivision 2. Reclassification to a Lower Salary Range When an
employee is reclassified to a position within a classification that has a lower salary
range than the prior classification, the employee receives a Y-rated salary. Y-
rating is defined as retaining an employee at his/her current salary, freezing his/her
salary at the Y-rated salary, until the salary of the lower classification catches up
through range adjustments, if that should occur. The purpose of this procedure is
City of Saratoga Personnel Rules and Policies 39
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Article 12. Compensation and Payroll Practices
to prevent an employee from taking a loss in salary when an involuntary or
voluntary reclassification occurs.
Section 5. Salary Upon Promotion An employee who is promoted receives
the beginning salary in the promotional classification which is at least 5% higher
than the employee's prior salary.
Section 6. Salary Upon Demotion for Cause An employee who is demoted
for cause receives the lower salary assigned to the demoted classification that is
closest to his or her salary prior to demotion.
Section 7. Salary Upon Demotion Due to Layoff An employee demoted
pursuant to a layoff receives the lower salary assigned to the demoted
classification that is closest to his or her salary prior to layoff.
Section 8. Eligibility for Salary Progression within Range All regular
employees will be evaluated on an annual basis and will be eligible to advance in
their salary range based on annual performance evaluation results. No increase
in salary shall be automatic solely upon completion of a specified period of service.
All increases shall be contingent upon a satisfactory annual evaluation of the
employee’s performance, and shall require recommendation of the Department
Head. In the case that an employee receives a cumulative rating of less than three
(3) points on the annual performance evaluation, indicating a cumulative rating
less than “meets expectations”, the employee will not receive a salary increase.
Employees are encouraged to refer to the applicable employee group
memorandum of understanding for more information.
Section 9. Pay Range Establishment The City of Saratoga classifies all
positions according to duties and responsibilities, and a salary range is established
for each job classification. Salary ranges are established by the collection of data
from the following comparable cities: Los Altos, San Carlos, Los Gatos, Campbell,
Menlo Park, Cupertino, and Morgan Hill. The Human Resources Manager
analyzes salary survey data in order to establish salary ranges for new job
classifications.
The City utilizes two forms of salary structures:
Step-Based – A salary structure with standard progression rates established within
a pay range for a job. Employees progress on a pre-defined step-to-step on the
basis of performance.
Flat Rate - a single rate for incumbents in specific jobs.
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Article 12. Compensation and Payroll Practices
Section 10. Pay Range Adjustments The City conducts salary surveys with its
comparable cities listed in the above Section 9 every two years (Except for
employees in bargaining units that gave up the right to these pay range
adjustments in its memorandum of understanding. Employees are encouraged to
refer to the applicable employee group memorandum of understanding for more
information). Pay range adjustments are implemented automatically and
administratively based on the salary survey results.
In the event step-based or flat rate salary structures are adjusted in order to
maintain Saratoga’s comparative position, incumbents will be moved to the newly
established equivalent step or flat rate.
Section 11. Overtime Compensation
Subdivision 1. Prior Approval Required Overtime-eligible employees are
not permitted to work overtime except as the department director or City Manager
authorizes or directs. No employee may work overtime without receiving the
approval of the appropriate supervisor prior to performing the work. Working
overtime without advance approval is grounds for discipline, unless the overtime
is specifically related to the City-wide emergency preparedness plan.
Subdivision 2. “Overtime” Defined Unless otherwise stated in a
Memorandum of Understanding, “overtime” is all hours an overtime-eligible
employee actually works over 40 hours in his or her work week. Overtime is
compensated at 1.5 times the employee’s regular rate of pay. Only actual hours
worked shall be counted toward the 40-hour threshold for purposes of calculating
FLSA overtime pay. No overtime shall be paid for less than 8 minutes of work.
Subdivision 3. Compensatory Time In Lieu Of “Overtime”
By mutual agreement of the employee and the City, an employee may receive, in
lieu of overtime compensation, compensating time off at a rate of one and onehalf
hours for each hour of employment for which overtime compensation is required
by law.
The City requires an employee to exhaust any earned compensatory time prior to
utilizing PTO in order to manage the accumulation of compensatory time.
The City reserves the right to cash out accumulated compensatory time at any
time.
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Article 12. Compensation and Payroll Practices
Section 12. Prohibited Salary Deductions
Subdivision 1. Prohibited Deductions Notwithstanding any other provision
in these Policies, the City will not reduce the salary of any overtime exempt
employee except for deductions that are authorized by applicable law.
Subdivision 2. Complaint Procedure An FLSA-exempt employee who
believes his or her salary has been subject to a prohibited deduction should notify
in writing the Human Resources Division, which will investigate the matter as
necessary.
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Article 13. Leaves of Absence
ARTICLE 13. LEAVES OF ABSENCE
Section 1. Holiday Leave
Subdivision 1. Holidays Unless otherwise specified in a memorandum of
understanding, the following are designated as City holidays:
• January 1st, New Year's Day
• The third Monday in January, Martin Luther King, Jr. Day
• The third Monday in February, President's Day
• The last Monday in May, Memorial Day
• July 4th, Independence Day
• The first Monday in September, Labor Day
• The second Monday in October, Columbus Day
• November 11th, Veteran's Day
• The fourth Thursday in November, Thanksgiving Day
• The Friday after Thanksgiving Day
• December 24, Christmas Eve
• December 25th, Christmas Day
• December 31, New Year’s Eve
Subdivision 2. Observation of Holiday and Holiday Pay Eligibility If a
designated holiday falls on a Sunday, the following Monday will constitute the
holiday rather than the day observed. If a designated holiday falls on a Saturday,
the preceding Friday will constitute the holiday rather than the day observed. If a
holiday falls on an off-Friday of an authorized 9/80 work schedule, the holiday will
be observed on the preceding Thursday.
If a designated holiday falls on an employee’s regular work day, the employee may
utilize this designated holiday on another day as long as it is scheduled within the
same workweek of the designated holiday, not to exceed 40 hours in the
workweek.
When there are two sequential holidays (Christmas Eve and Christmas Day, New
Year’s Eve and New Year’s Day) falling on weekends, the nearest additional
weekdays will be observed as these holidays. If a holiday occurs during a period
when an employee is taking paid leave, the holiday will not be charged against the
employee’s accrued leave.
To be eligible for holiday pay, an employee must be on paid status the week of the
holiday with the City.
All regular and probationary full-time employees shall receive a full day’s pay for
each holiday. All regular part-time employees and employees on short-term
disability shall receive holiday pay on a pro-rata basis. Notwithstanding any of the
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above, temporary or seasonal employees are not entitled to any holiday time or
pay.
Subdivision 3. Holiday Furlough
A holiday furlough will exist whereby the City operations are closed from December
24 through January 1 of every year. Employees shall utilize their available leave
balances (paid time off and/or compensatory time off), if applicable. Employees
that utilize unpaid leave due to insufficient available leave balances shall maintain
regular benefit status.
Section 2. Employee Voluntary Donation of Accrued Paid Time Off (PTO)
Program
Upon approval of the City Manager or a designated representative, employees
may donate accrued (earned) paid time off on a voluntary basis to another
employee on a leave of absence due to an injury or illness subject to the conditions
listed below:
1. The employee on a leave of absence must provide the City permission to
promote the program to City employees.
2. The employee receiving PTO contributions must have exhausted all
accrued PTO or any other leave balances available to him/her (e.g. administrative
leave, accrued compensatory time in lieu of overtime per employee group
memorandum of understanding).
3. State and Federal income tax on the value of PTO donated shall be paid in
accordance with pertinent regulations of the Internal Revenue Service and
Franchise Tax Board then in effect.
4. Donation of PTO time shall be changed to its cash value and then credited
to the recipient in equivalent hours at the recipient’s straight time hourly rate of
pay.
5. Donating employees may not reduce their balance of accrued PTO below
eighty (80) hours by reason of such donations without the written approval of the
City Manager or a designated representative.
Section 3. California Family Rights Act (CFRA) and Family and Medical
Care Leave Act (FMLA) Leaves
The City will grant family and medical care leave in accordance with the
requirements of applicable state (California Family Rights Act) and federal law
(Family and Medical Care Leave Act) in effect at the time the leave is granted. No
greater or lesser leave benefits will be granted than those set forth in the relevant
state or federal law. Leaves may also be taken for qualified exigencies and to care
for a covered service member who has provided military service. Please contact
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Human Resources Division with questions if the leave is needed for reasons
related to a covered service member.
Subdivision 1. Definitions
a. “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.
b. A term used in this Policy that is defined under applicable law will
have the same definition when used in this Policy.
Subdivision 2. Employee Eligibility To be eligible for family and medical leave
benefits, an employee must:
a. Have been employed by the City for a total of at least 12 months;
b. Have actually been employed at least 1,250 hours over the previous
12 months; and
c. Be employed at a worksite where 50 or more employees are
employed by the City within 75 miles of that worksite.
Subdivision 3. Amount of Leave Available Eligible employees may receive up
to a total of 12 work weeks of unpaid leave during any 12-month period. The
12month period begins on the date of the first absence qualifying for leave, and
rolls backward from that date. As a result, the amount of this leave an employee is
entitled to take depends on how much of this leave the employee has already taken
during the 12 months prior to the request. The City will calculate leave eligibility
by looking back 12 months from the date of the leave request, adding together any
FMLA leave taken, and then subtracting that number from the employee’s 12-week
allotment. For example, an employee requests three weeks of FMLA leave
beginning July 30. His attendance record is pulled, and it shows that he has taken
five weeks of leave during the past 12 months. This leaves seven weeks of FMLA
leave available. The employee’s qualifying period resets on the anniversary of the
date FMLA leave was first taken.
Subdivision 4. Reasons for Leave Leave may only be used for one or more of
the following reasons:
a. For the birth or placement of a child with the employee for adoption
or foster care;
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b. To care for a spouse or domestic partner (pursuant to Family Code
sections 297, et seq.), child, or parent with a serious health
condition;
c. To care for a newborn child (birth - 12 months of age); or
d. When the employee is unable to perform the functions of his or her
position because of a “serious health condition” as defined by
applicable law.
Subdivision 5. Intermittent Leave and Minimum Duration of Leave a. If
required by a health care provider, employees may take family and medical leave
intermittently (in blocks of time interspersed during work time), or by reducing their
normal weekly or daily work schedule.
b. Intermittent leave can be taken in no less than one-hour increments and will
be counted toward the annual 12 week allotment. If leave is requested for the birth,
adoption or foster care placement of a child of the employee, leave must be
concluded within one year of the birth or placement. In addition, the basic minimum
duration of such leave is two weeks, except that on no more than two occasions,
an employee may use this leave for a period of less than two weeks' duration.
Subdivision 6. Spouses Both Employed by the City The aggregate number of
work weeks of leave to which City employees who are spouses may be entitled for
reasons of birth or placement for adoption or foster care is limited to 12 work weeks
during the 12-month period defined herein.
Subdivision 7. Notice of Need for Leave An employee needing family and
medical leave is required to provide:
a. 30-day advance notice when the need for the leave is foreseeable
(e.g., for childbirth or elective surgery). If an employee fails to give 30 days’ notice
for a foreseeable leave with no reasonable excuse for the delay, the leave may be
denied until 30 days after the employee provides notice.
b. When the need for leave is unforeseen, an employee must give notice as
soon as possible. If the City determines that the employee’s notice is inadequate
or the employee knew about the need for leave for a non-emergency condition in
advance of the time requested, the City may delay the start of the leave until the
City can cover the position with a replacement.
Subdivision 8. Medical Certification
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a. Content and Due Date of Certification An employee who requests
leave for his or her own serious health condition, or to care for a child,
parent or spouse or domestic partner (pursuant to Family Code sections
297, et seq.) who has a serious health condition, must provide the City
written certification from the health care provider of the individual requiring
care within 15 days after the City's request unless it is not practicable for
the employee to do so despite the employee's diligent and good faith efforts.
(1) If the leave is requested because of the employee’s own
serious health condition, the certification must include a statement
that the employee is unable to work at all or is unable to perform the
essential functions of his/her position.
(2) If the employee requests intermittent leave, or a reduced
schedule to care for an immediate family member with a serious
health condition, the employee must provide medical certification
that such leave is “medically necessary.” “Medically necessary”
means that there is a medical need for the leave and that the medical
need can best be accommodated through an intermittent or reduced
leave schedule.
b. Second and Third Opinions If the City has reason to doubt the
validity of a certification (for example, if the employee is seen engaging in
activity contrary to the certification), the City may require a medical opinion
of a second health care provider chosen and paid for by the City. If the
second opinion is different from the first, the City may require the opinion of
a third provider jointly approved by the City and the employee, and paid for
by the City. The opinion of the third provider will be binding.
c. Consequences of Failure to Provide Adequate or
Timely Certification If the employee provides an incomplete or insufficient
certification, the employer will notify the employee in writing what additional
information is needed and the employee will be given a reasonable time
(seven days unless a longer time is needed despite the employee's good
faith and diligent efforts) to provide a complete certification. If the employee
fails to provide a medical certification within 15 days of the City’s request
for certification, the City may delay the start time for taking the leave until
the required certification is provided.
d. Periodic Re-Certification The City may require the employee to
periodically obtain recertification of a medical condition and report on his or
her status and intent to return to work. An employee who requests an
extension of approved leave will be required to provide a new certification.
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e. Reinstatement: Fitness for Duty Certification As a condition of
reinstatement of an employee whose leave was due to the employee’s own
serious health condition, the employee must obtain and present a fitness-
for-duty certification from the health care provider that the employee is able
to return to work. Failure to provide such certification will result in denial of
reinstatement.
Subdivision 9. Use of Accrued Paid Leaves Family and medical leave is
unpaid, except that an employee is required to first use any accumulated
Paid Time Off (PTO), if the leave is for the employee’s own serious health
condition. The employee may also use PTO to care for a parent, spouse, domestic
partner (pursuant to Family Code sections 297, et seq.), or child with a serious
health condition or for any other type of family and medical leave. The paid leave
runs concurrently with the family and medical leave.
Subdivision 10. Concurrent Use of Family and Medical Leave with Other
Types of Leave
a. The City may designate any non-family and medical leave, such as
workers’ compensation, or disability leave, to run concurrently with family
and medical leave. This is applicable when the non-family and medical
leave is also for a family and medical leave purpose.
b. The City integrates family and medical leave with workers’
compensation leave whenever an employee is absent from the work place
for 30 days or more due to an industrial injury or illness.
Subdivision 11. Benefits During Leave
a. An employee may receive any group health insurance coverage that
was provided before the leave on the same terms as if the employee had
continued to work during the leave, up to a maximum of 12 work weeks.
b. Employee contributions for group health insurance coverage, if any,
will be required either through prepayment of the employee’s portion of the
premium, payroll deduction, or by the employee’s direct payment to the
insurance provider. The method of payment will be established in
conjunction with the employee in writing at the beginning of the leave. The
amount of an employee’s contribution is subject to any changes in rates
that occur while the employee is on leave.
c. If the City pays the employee’s contribution in order to avoid
cancellation of coverage, the employee will be required to reimburse the
City on a payroll deduction schedule upon return from leave. The employee
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will be required to sign a written statement at the beginning of the leave
period to authorize the payroll deduction for delinquent payments.
d. If the employee fails to return from unpaid family and medical leave
for reasons other than: 1) the continuation of a serious health condition of
the employee or his or her covered family member; or 2) circumstances
beyond the employee’s control, the City may seek reimbursement from the
employee for the portion of the premiums the City paid on behalf of the
employee during the leave period.
Subdivision 12. Eligibility of Step Increase A step increase for which an
employee would have been eligible during their leave of absence will be adjusted
forward by the period of time in calendar days the employee was on leave,
regardless of whether the leave of absence was unpaid or paid by using accrued
PTO except when applicable law provides otherwise. For example, the employee
went on leave on 5/17/2010 and returned from leave on 9/28/2010. The employee
was gone for 134 calendar days (15 days May + 30 days June +
31 days July + 31 days August + 27 days September). Take 134 days divided by
14 = 9.57; round up to 10 pay periods. Previous step increase eligibility date:
10/15/2010. New step increase eligibility date after adjusting forward 10 pay
periods: 3/4/2011.
Subdivision 13. Paid Time Off (PTO) Accrual PTO does not accrue while an
employee is on unpaid leave.
Subdivision 14. Job Reinstatement An employee will be reinstated to his or
her previous position, or to an equivalent job with equivalent pay, benefits, and
other employment terms and conditions if all of the following conditions are met:
1) the employee has been on leave for no more than the maximum family and
medical leave period; and 2) the employee provides the Human Resources
Division a written certification from a health care provider that the employee is fit
for duty if the leave was taken for the employee's own serious health condition.
If an employee is returning from family and medical leave taken for his or her own
serious health condition, but is unable to perform the essential functions of his or
her job because of a physical or mental disability, the City will begin an interactive
process to determine whether the City can reasonably accommodate the
employee without undue hardship. (See Reasonable Accommodation Policy –
Article 2, Section 2).
However, an employee returning from family and medical leave has no greater
right to reinstatement, benefits, and other conditions of employment than if he/she
had been continuously employed rather than on leave.
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Subdivision 15. Required Forms
Employees must complete required forms provided by the City, in order to receive
leave under this policy, including:
a. “Request for Family or Medical Leave Form” to be eligible for leave.
b. Medical certification—either for the employee’s own serious health
condition or for the serious health condition of a child, parent, spouse
or domestic partner (pursuant to Family Code sections 297, et seq.);
c. Authorization for payroll deductions for benefit plan coverage
continuation; and
d. Fitness-for-duty to return from leave form.
Section 4. Bereavement Leave
Subdivision 1. Amount of Leave Pursuant to this policy, an employee is entitled
to a paid leave of absence not to exceed five (5) days per calendar year per
occurrence.
Subdivision 2. Eligibility for Leave An employee is eligible to take bereavement
leave in the event of the death of a member of his or her immediate family.
“Immediate family” consists of the following: Employee’s spouse or domestic
partner (pursuant to Family Code sections 297, et seq.), child, stepchild,
mother/father, mother/father-in-law, grandparent, grandchild, brother/sister,
brother/sister-in-law, son or daughter-in-law, legal guardian, or custodial child. If
an employee has another person pass away who is not listed, the employee can
request paid bereavement leave from the City Manager by presenting written
documentation supporting the closeness of the relationship with the deceased
person.
Section 5. Pregnancy Disability Leave (PDL)
An employee who is disabled because of pregnancy, childbirth, or a related
medical condition is entitled to an unpaid pregnancy disability leave for the period
of disability up to four months. Time off needed for prenatal care, severe morning
sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth are be
covered by your PDL. PDL runs concurrently with family and medical leave under
federal law, but not family and medical care leaves under California law.
Subdivision 1. Notice & Certification Requirements
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a. An employee must obtain approval from her immediate supervisor
regarding the scheduling of planned medical treatment, such as prenatal
care, so as to minimize disruptions to the City.
b. Requests for pregnancy disability leave must be submitted in writing
and must be approved by the employee’s supervisor or department director
before the leave begins, except for emergency situations. The request
must be supported by a written certification from the attending physician.
(See subdivision 6 of this Policy.)
c. Pregnancy disability leaves must be confirmed in writing, have an
agreed-upon specific date of return, and be submitted to the department
director prior to being taken, except for emergency situations. Requests for an extension of leave must be submitted in writing to the department director at least 1-2 weeks prior to the agreed date of return and must be
supported by a written certification of the attending physician that the
employee continues to be disabled by pregnancy, childbirth, or a related
medical condition. The maximum pregnancy disability leave is four months under the pregnancy disability law.
Subdivision 2. Compensation During Leave Pregnancy disability leaves are
without pay. However, the employee may first use accrued paid time off and
compensatory time off during the leave.
Subdivision 3. Benefits During Leave
a. For an employee on pregnancy disability leave, the City will maintain
group health insurance coverage that was provided before the leave for up
to a maximum of four months on the same terms as if you had continued to
work. The City may recover premiums it paid to maintain health coverage,
as provided by the law, if an employee does not return to work following
pregnancy disability leave.
b. If you are on pregnancy disability leave and if paid coverage ends
after the maximum time period provided by applicable law, you may
continue your group health insurance coverage through the City in
conjunction with applicable COBRA law by making monthly payments to the
City for the amount of the relevant premium. Contact your Human
Resources Manager for further information.
Subdivision 4. PTO Accrual Paid Time Off (PTO) does not accrue while an
employee is on unpaid pregnancy disability leave.
Subdivision 5. Transfer Requests or Intermittent Leave
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a. Requests for transfers will be reasonably accommodated if the
transfer does not cause undue hardship and does not violate other
employees’ rights. The transferring employee will receive the rate of pay
for the job to which the employee transfers.
b. Intermittent Leave: The PDL does not need to be taken in one
continuous period of time but can be taken on an as-needed basis.
Subdivision 6. Medical Certification You may be required to obtain a
certification from your health care provider of your pregnancy disability or the
medical advisability for a transfer or reasonable accommodation. The certification
should include:
• the date on which you become disabled due to pregnancy or the date
of the medical advisability for the reasonable accommodation and/or
transfer;
• the probable duration of the period(s) of disability or the period(s) for
the advisability of the transfer or reasonable accommodation; and
• a statement that, due to the disability, you are unable to work at all
or to perform any one or more of the essential functions of your
position without undue risk to yourself, the successful completion of
your pregnancy or to other persons, or a statement that, due to your
pregnancy, the transfer or reasonable accommodation is medically
advisable.
Subdivision 7. Non-Interference The City will not interfere with, restrain, or deny
an employee’s exercise or attempted exercise of rights under pregnancy disability
laws.
Subdivision 8. Relationship with Pregnancy Leave Leave time because of the
employee’s disability due to pregnancy, childbirth or related medical condition is
not counted as time used for state CFRA leave, but is counted as time used for
federal FMLA leave. Pregnant employees may have the right to take a pregnancy
disability leave in addition to family or medical leave. Generally, an employee on
pregnancy disability leave is also on FMLA leave, but the employee may be able
to take a state CFRA leave for up to twelve (12) work weeks when the pregnancy
disability has ended. Employees should contact the Human Resources Division
regarding their individual situation.
Subdivision 9. Reinstatement
a. Upon the expiration of pregnancy disability leave and the City’s
receipt of a written statement from the health care provider that the
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employee is fit to return to duty, the employee will be reinstated to her
original or an equivalent position, so long as it was not eliminated for a
legitimate business reason during the leave.
b. If the employee's original position is no longer available, the
employee will be assigned to an open position that is substantially similar
in job content, status, pay, promotional opportunities, and geographic
location as the employee's original position.
c. If upon return from leave an employee is unable to perform the
essential functions of her job because of a physical or mental disability, the
City will initiate an interactive process with the employee in order to identify
potential reasonable accommodations.
d. An employee who fails to return to work after the termination of her
leave loses her reinstatement rights.
Section 6. Military Leave
a. Military Service Leaves The City provides military leaves of absence to
employees who serve in the uniformed services as required by the Uniformed
Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 et.
seq. (“USERRA”) and applicable state laws. To obtain a leave for military service,
notify the Department Director and Human Resources Division (preferably in
writing) immediately upon learning when you will leave on an active duty
assignment. The City requests that you provide a copy of your orders or other
documents from the military service pertaining to the leave, including the length of
and your release from active duty and the reason for the leave.
An employee who has been a City employee for at least one year and who is on a
military leave of absence that meets the requirements of applicable State law may
be eligible to be paid his or her regular City salary or compensation for the first 30
calendar days of any such absence. (Mil. & Vet. Code § 395.01, 395.02, 395.05.)
Please notify the Human Resources Division of your circumstances who will
determine your rights specific to your situation.
Employees will be reinstated in accordance with applicable law. Please notify the
Human Resources Division upon your release from active duty.
An employee may also be able to take time off for qualified exigencies. Please
contact the Human Resources Division for more information.
b. Military Spouse An employee who works an average of 20 or more hours
per week may request an unpaid leave of absence of up ten days to spend time
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with a spouse serving in the military who has been granted leave from deployment
during a period of military conflict. The employee must provide the Department
Director and the Human Resources Division with notice, within two business days
of receiving official notice that the military spouse will be on leave from
deployment, of his or her intention to take the leave. The employee must provide
the Human Resources Division with written documentation certifying that the
spouse will be on leave from deployment during the time the leave is requested.
The spouse must be one of the following: (A) A member of the Armed Forces of
the United States who has been deployed during a period of military conflict to an
area designated as a combat theater or combat zone by the President of the
United States. (B) A member of the National Guard who has been deployed during
a period of military conflict. (C) A member of the Reserves who has been deployed
during a period of military conflict. "Period of military conflict" means either (A) A
period of war declared by the United States Congress; or (B) A period of
deployment for which a member of a reserve component is ordered to active duty
pursuant to specific legal provisions. The City will not retaliate against an
employee for requesting or taking the leave. Mil. & Vet. Code § 395.10.
There are other military-related leaves available as defined under applicable law.
Please contact the Human Resources Division who will review your situation and
review other leave options.
Section 7. Time Off for Victims of Violent Crimes or Domestic Abuse
Labor Code 230.1 and 230.2 allow a private sector employee to take time off if a
victim of specified crimes. Although these laws do not apply to the City, the City
also will allow unpaid time off for such urgent issues as follows.
a. An employee who has been a victim of a serious or violent felony,
sexual assault, or domestic violence may take time off to: 1) appear in court to
comply with a subpoena or other court order as a witness in any judicial
proceeding; 2) seek medical or psychological assistance; or 3) participate in safety
planning to protect against further assaults.
b. An affected employee must give the City reasonable notice that he
or she is required to be absent for a purpose stated above. In cases of
unscheduled or emergency court appearances or other emergency
circumstances, the affected employee must, within a reasonable time after the
appearance (within three business days), provide the City with written proof that
the absence was required for any of the above reasons. Leave under this section
is unpaid, unless the employee uses accrued PTO.
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Section 8. Jury Duty and Court Appearances
Subdivision 1. Jury Duty An employee who is summoned to serve on a jury must
notify his or her supervisor or the Human Resources Division as soon as possible
after receiving notice of both possible and actual jury service in order to provide
the City with adequate notice. The employee is expected to notify his immediate
Supervisor or the Human Resources Division in a timely manner each day he or
she serves on jury duty (preferably at least 1 hour before the employee’s
scheduled workday begins). If work time remains after any day of jury selection or
jury duty, you will be expected to return to work for the remainder of your work
schedule. The time spent on jury duty is not work time for purposes of calculating
overtime compensation.
Subdivision 2. Witness Subpoena An employee who is subpoenaed to appear
in court in a matter regarding an event or transaction which he or she perceived or
investigated in the course of his or her City job duties will do so without loss of
compensation. The time spent will be considered work time.
The employee must immediately notify the Human Resources Division and the
Department Director of the subpoena because the subpoenaing party may be
required to pay a deposit for the cost of the employee’s time.
The employee is expected to notify his immediate Supervisor or Human Resources
in a timely manner each day he or she serves on witness duty (preferably at least
1 hour before the employee’s scheduled workday begins). If work time remains
after any day of witness duty, you will be expected to return to work for the
remainder of your work schedule.
Subdivision 3. Exception for Employee-Initiated or Non-City
Related Lawsuits An employee subpoenaed to appear in court in a matter
unrelated to his or her City job duties or because he or she is a party to a civil or
administrative proceedings does not receive compensation for time spent related
to those proceedings. An employee may request to receive time off without pay,
or may use accrued PTO for time spent related to those proceedings. The time
spent in these proceedings is not considered work time.
Section 9. Time Off to Vote
If an employee does not have sufficient time outside of working hours to vote at a
statewide election, the employee may take off enough working time to enable the
employee to vote, up to a maximum of two hours, without a loss of pay. The time
off must be taken at either the beginning or end of the employee’s regular working
shift. The time taken off shall be combined with the voting time available outside
of working hours. If two working days before the election the employee has reason
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to believe that time off will be necessary to vote, the employee must give his
Supervisor at least two (2) days’ notice that time off to vote is needed and must
obtain his Supervisor’s approval.
Section 10. Work Related Illness or Injury Leave
The City will grant leave to employees with occupational illnesses or injuries in
accordance with state law and/or reasonably accommodates such employees with
modified work when appropriate (See Article 2. Equal Opportunity, Reasonable
Accommodation, and Interactive Process). The employee’s treating doctor is
responsible for explaining in a medical report the kind of work the employee can
and cannot do while recovering and the changes needed in work schedule or
assignments.
Subdivision 1. Temporary Disability Benefit Payments
Temporary disability (TD) benefits (temporary partial disability benefits or
temporary total disability benefits) are payments employees receive if they lose
wages because their injury prevents them from performing their job while
recovering.
Prior to the start of TD, an employee must serve a "waiting period" of three days.
The City will pay, on behalf of the employee, the first three days the employee is
unable to work. The waiting period of three days is waived if the employee is:
1. hospitalized as a result of the injury or illness,
2. unable to work for more than 14 calendar days
3. or the injury is the result of a criminal act of violence.
As a general rule, temporary disability pays two-thirds of the gross (pre-tax) wages
an employee loses while he/she is recovering from a job injury. However, an
employee cannot receive more than the maximum weekly amount set by law. Visit
the State of California Division of Workers’ Compensation website at
www.dwc.ca.gov for the current maximum weekly amount set by law.
The City’s third party claims administrator will consider all forms of income when
calculating an employee’s temporary disability benefits. These payments will be
processed by the City’s third party administrator and paid to the employee every
two weeks until the doctor releases the employee to return to work. An employee
may use their accrued paid time off to supplement their temporary disability
payments in an amount not to exceed their regular weekly wage.
Section 11. School-Related Leaves
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Labor Code 230.8 allows a private sector employee to take time off to attend
school or childcare center activities. Although this law does not apply to the City,
the City also will allow unpaid time off for such activities as follows.
Subdivision 1. Permitted Leave and Approval Requirement An employee who
is a parent, guardian or grandparent with custody of a child in a licensed day care
facility, kindergarten or grades 1-12, inclusive, shall be allowed up to forty hours
each school year, not to exceed eight hours in any calendar month of the school
year, without pay, to participate in activities involving the child at the school or day
care facility. An employee utilizing this leave must first provide reasonable notice
to and obtain approval of his or her supervisor or department director about the
planned absence.
Subdivision 2. Documentation of Visit The City may require the employee to
provide documentation from the school or childcare facility as verification that the
employee participated in the school activities in question.
Subdivision 3. Both Parents Employed by the City If both parents, guardians
or grandparents having custody work for the City, only the first person requesting
leave under this policy will be permitted the leave.
Section 12. Unauthorized Leave
When prior authorization is required, an employee who takes leave without prior
authorization is subject to discipline, up to and including termination. When prior
authorization is not possible due to circumstances beyond the employee’s control,
the employee is required to contact his or her supervisor as soon as possible after
the unauthorized leave has begun and must then follow the procedures applicable
to gaining authorization for the particular leave.
Reference Article 9. Transfer, Reinstatement, Resignation and Job Abandonment,
Section 4. Job Abandonment.
Section 13. Unpaid Leave
Unpaid leave not otherwise authorized pursuant to any City leave policy may, in
certain circumstances, be granted by the City Manager. If granted, the unpaid
leave will be only for the period specified by the City Manager. The health and
dental benefit premiums may not be paid by the City during the unpaid leave, and
an employee on unpaid leave will not accrue annual leave (PTO) during this time.
Section 14. General Provisions Applicable to all Leaves
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Subdivision 1. Benefits during Leave of Absence
During all unpaid leaves of absence, the City will continue to pay the City portion
for an employee’s health insurance benefits through the remaining portion of the
pay period in which the leave begins unless the City is legally required to continue
health benefits for a longer time. For example, if an employee is approved for and
takes a three (3) month unpaid personal leave beginning June 15, and the pay
period ends on June 25, benefits will continue through June 25, unless the City is
legally required to continue health benefits for a longer time. Thereafter, the
employee can continue benefits in accordance with applicable law with the
employee paying for coverage. If the employee remains in paid status for the
length of the leave (by using PTO or CTO), the City will continue the employee’s
benefits until no longer in paid status.
If the employee is required to pay a part of the premium for health benefits, the
employee must ensure that the City promptly receives the employee’s required
payment to continue health benefits in effect. The deadline for employee paying
his part of the monthly health insurance premium is on or before the first day of the
month of the coverage. Employee can discuss with the Human Resources Division
pre-paying the employee’s portion of the premium before the leave of absence
begins to ensure that health benefits coverage continues in effect.
An employee may use accrued PTO or other accrued paid time off as part of any
leave granted unless the law allows the employee to choose whether to use PTO
(such as a pregnancy disability leave).
PTO does not continue to accrue while an employee is on an unpaid leave.
Subdivision 2. Employees are Prohibited from Working for
Another Entity During a Leave
A leave is time for an employee to deal with a particular issue or situation that
requires the employee to be absent from his/her employment with the City. If an
employee works a job or performs services for a second employer or works as a
contractor or consultant for another entity during a leave from the City, without
express written consent provided in advance by the City Manager, the City will
terminate employee’s employment with the City.
Subdivision 3. Return to Work
Each employee is expected to promptly notify the Human Resources Division in
writing if the need for the leave has ended so that the employee can return to work
earlier than scheduled. The Human Resources Division and the employee’s
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supervisor will then determine the employee’s return to work date and work
schedule.
Each employee who is granted a specific length of leave is expected to return to
work on the specified return to work date determined by the Human Resources
Division. An employee who fails to return to work at the scheduled return date or
who fails to notify the Human Resources Division that the need for the leave has
ended will be terminated from employment.
If the employee cannot return to work by the expected return to work date, the
employee must request in writing an extension of the leave before the return to
work date. The employee’s request of an extension of leave must be provided to
the Human Resources Division at least 1-2 weeks before the return to work date
if the need for the extension of the leave is foreseeable.
Each employee on leave must keep the Human Resources Division updated on
his/her status and expected return to work date. At least one week before the
scheduled return to work date, the employee is required to call or email the Human
Resources Division and confirm the employee will return on the scheduled date or,
if needed, request a further leave of absence.
Each employee on leave must cooperate in supplying the Human Resources
Division with requested information, including doctor notes related to the leave, to
a requested extension of a leave, and to the return to work.
Any employee on a medical-related leave must have a doctor’s note releasing the
employee to return to work.
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Article 14. Alcohol and Drug Abuse Policy
ARTICLE 14. ALCOHOL AND DRUG ABUSE POLICY
Section 1. Purpose - It is the intention of this policy to eliminate substance
abuse and its effects in the workplace. While the City of Saratoga has no intention
of intruding into the private lives of its employees, involvement with drugs and
alcohol can take its toll on job performance and employee safety. Employees must
be in a condition to perform their duties safely and efficiently, in the interest of their
fellow workers and the public, as well as themselves. The presence of drugs and
alcohol on the job, and the influence of these substances on employees during
working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance from the Employee Assistance Program
Counselor. While the CITY will be supportive of those who seek help voluntarily,
the CITY will be equally firm in identifying and disciplining those whose continued
substance abuse, even if enrolled in counseling or rehabilitation programs, results
in performance problems, danger to the health and safety of others and
themselves and/or violations of federal, state or CITY laws/policy.
Supervisors will be trained to recognize abusers and become involved in this
control process. Alcohol or drug abuse that negatively impacts work performance
or safety will not be tolerated and disciplinary action, up to and including
termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and
drug abuse. It also outlines the responsibilities of City managers and employees.
To that end, the CITY will act to eliminate any substance abuse (alcohol, illegal
drugs, prescription drugs or any other substance which could impair an employee’s
ability to safely and effectively perform the functions of the particular job) which
increases the potential for accidents, absenteeism, substandard performance,
poor employee morale or damage to the Agency’s reputation. All persons covered
by this policy should be aware that violations of the policy may result in discipline,
up to and including termination, or in not being hired to the extent allowed by law.
In recognition of the public service responsibilities entrusted to the employees of
the CITY and that drug and alcohol usage can hinder a person’s ability to perform
duties safely and effectively, the following policy against drug and alcohol abuse
is hereby adopted by the CITY.
Section 2. Policy - It is CITY policy that employees shall not be impaired by
alcohol or illegal drugs, have illegal drugs in their biological system, or be in
possession, of alcohol or drugs while on CITY property, at work locations, or while
on duty or subject to being called to duty, and that employees shall not sell or
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provide drugs or alcohol to any other employee or person while on duty or subject
to being called to duty.
While use of validly prescribed medications and drugs (other than medicinal
marijuana) does not violate this policy per se, failure by an employee to notify
his/her supervisor, before beginning work, when taking medications or drugs which
could foreseeably interfere with the safe and effective performance of duties, or
the operation of CITY equipment, can result in discipline, up to and including
termination. The employee is required to report to the supervisor the possible
negative side effects, but the employee is not to share the drug name or the
medical diagnosis. Use, possession, or being under the influence of marijuana,
even under a prescription, is not allowed, unless such a provision is determined to
be unlawful. In the event there is a question regarding an employee’s ability to
safely and effectively perform assigned duties while using such prescription
medications or drugs, written clearance from a qualified physician may be
required.
The CITY reserves the right to search, without employee consent, all areas and
property in which the CITY maintains control or joint control with the employee.
Otherwise, the CITY may notify appropriate law enforcement agencies that an
employee may have illegal drugs in his or her possession or in an area not jointly
or fully controlled by the CITY. The City reserves the right to contact law
enforcement for any concerns of possible illegal behavior
Refusal to immediately submit to an alcohol and/or drug analysis when requested
by CITY management or law enforcement personnel, or refusal to submit to a
search of personal properties if requested by law enforcement personnel, may
constitute insubordination and be grounds for discipline, up to and including
termination.
An employee reasonably believed to be under the influence of alcohol or drugs
shall be prevented from engaging in further work and shall be detained for a
reasonable time until he or she can be safely transported from the work site.
The CITY is committed to providing reasonable accommodation to those
employees whose drug or alcohol problem classifies them as disabled under
federal and/or state law. The disability laws do not protect current users of unlawful
drugs.
The CITY has established an Employee Assistance Program (EAP) to assist those
employees who voluntarily seek help for alcohol or drug problems. The CITY will
provide separate written notice of the availability of this program to all employees.
Employees should contact the Human Resources Division or the EAP Counselor
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for additional information. EAP posters with contact information are posted in the
Human Resources Division and employee break/lunch rooms.
Section 3. Application - This policy applies to all employees of and to all
applicants for positions with the CITY. This policy applies to alcohol and drugs,
including all substances, drugs or medications, whether legal or illegal, which could
impair an employee’s ability to effectively and safely perform the functions of the
job.
Section 4.
Employee Responsibilities - An employee must:
Not report to work or be subject to duty while his or her ability to perform job duties is impaired due to on or off duty alcohol or drug
use;
Not possess or use alcohol or impairing drugs, including illegal drugs
and prescription drugs without a prescription, during working hours
or while subject to duty, on breaks, during workday meal periods or at any time while on CITY property;
Not directly or through a third party sell or provide drugs or alcohol to
any person, including any employee, while either or both employees
are on duty or subject to being called to duty;
Submit immediately to an alcohol or drug test when requested by a CITY representative;
Notify his or her supervisor, before beginning work, when taking any
medications or drugs, prescription or nonprescription, which may
interfere with the safe and effective performance of duties or
operation of CITY equipment; and
Provide within one business day of request, bona fide verification of
a current valid prescription for any potentially impairing drug or
medication identified when a drug screen/test is positive. The
prescription must be in the employee’s name.
Section 5. Management Responsibilities -
a. Managers and supervisors are responsible for
reasonable enforcement of this policy.
b. Managers and supervisors may request that an
employee submit to a drug and/or alcohol test when a manager
or supervisor has a reasonable suspicion that an employee is
intoxicated or under the influence of drugs or alcohol while on
the job or subject to being called. A manager may request a
second manager or the Human Resources Manager to observe
the behavior at issue also before making a decision.
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c. “Reasonable suspicion” is a belief based on objective
facts sufficient to lead a reasonably prudent supervisor to
suspect that an employee is under the influence of drugs or
alcohol so that the employee’s ability to perform the functions
of the job is impaired or so the employee’s ability to perform his
or her job safely is reduced.
d. For example, any of the following, alone or in
combination, may constitute reasonable suspicion depending
upon the circumstances in which the behavior is observed
and/or reported:
1. Alcohol odor on breath;
2. Slurred speech;
3. Unsteady walking and movement;
4. An accident involving CITY property, where it
appears the employee’s conduct is at fault;
5. Physical altercation;
6. Verbal altercation;
7. Unusual behavior;
8. Possession of alcohol or drugs;
9. Information obtained from a reliable person with
personal knowledge.
e. Any manager or supervisor requesting an employee to submit to a drug and/or
alcohol test should request a second manager or the Human Resources Manager
to join the meeting with the employee and should document in writing the facts
constituting reasonable suspicion that the employee in question is intoxicated or
under the influence.
f. Any manager or supervisor encountering an employee who refuses an order to
submit to a drug and/or alcohol analysis upon request shall remind the employee
of the requirements and disciplinary consequences of this Policy. Where there is
reasonable suspicion that the employee is then under the influence of alcohol or
drugs, the manager or supervisor should consider contacting law enforcement or
arrange for the employee to be safely transported home.
Managers and supervisors shall not physically search the person of employees,
nor shall they search the personal possessions of employees without the freely
given written consent of, and in the presence of, the employee.
Managers and supervisors shall notify their Department head or designee when
they have reasonable suspicion to believe that an employee may have illegal drugs
in his or her possession or in an area not jointly or fully controlled by the CITY. If
the Department head or designee concurs that there is a reasonable suspicion of
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illegal drug possession, the Department head shall notify the appropriate law
enforcement agency.
Section 6. Physical Examination and Procedure - The drug and/or alcohol
test may test for any substance which could impair an employee’s ability to perform
effectively and safely the functions of his or her job, including, but not limited to,
prescription medication, alcohol, heroin, cocaine, morphine and its derivatives,
P.C.P., methadone, barbiturates, amphetamines, marijuana and other
cannabinoids.
Testing shall be performed at a local medical facility selected by the CITY. The
procedure used shall require an unbroken chain of custody from sample collection
to return of the written report. A split sample (a test sample which is divided into
portions for use in an independent testing of positive samples) shall be preserved
to provide an opportunity for a second independent test. If the initial test has
positive results, the CITY shall conduct a confirmation test using a court admissible
testing technique. If the confirmation test has positive results, the employee may
re-test the second part of the split sample at a laboratory of the employee's choice
and at the employee's own expense.
A positive result from a drug and/or alcohol analysis showing the employee is
under the influence while at work may result in disciplinary action, up to and
including, termination.
If the drug screen is positive, the employee must provide, within 24 hours of the
request, bona fide verification of a valid current prescription for the drug identified
in the drug screen. The prescription must be in the employee’s name. If the
employee does not provide acceptable verification of a valid prescription, or if the
prescription is not in the employee’s name, or if the employee has not previously
notified his or her supervisor of the same, the employee will be subject to
disciplinary action, up to and including termination.
If an alcohol or drug test is positive for alcohol or drugs, the CITY shall conduct an
investigation to gather all facts. The decision to discipline, up to and including
termination, will be carried out in conformance with the CITY’s discipline
procedures, modified as follows:
(1) In the event a regular, for-cause employee requests an
evidentiary appeal to the City Manager from a final notice of
discipline (Section 6 of the Discipline Policy) for violating the
City’s Drug and Alcohol Abuse Policy, the evidentiary
appeal will be conducted by a neutral, third party arbitrator
who, after conducting the evidentiary hearing and hearing
all of the evidence (pursuant to the provisions of Section 6
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of the Discipline Policy), will make a nonbinding
recommendation to the City Manager with respect to
discipline. The nonbinding recommendation will include: (a)
the arbitrator’s nonbinding recommendation regarding
discipline; and (b) the arbitrator’s nonbinding
recommended-written findings of fact in support of his or her
recommendation for discipline. The nonbinding
recommended-written findings of fact will include the factual
basis for the recommendation for discipline, including the
testimony of the witnesses relied upon, the basis of any
credibility determinations of these and other witnesses, the
documents and other evidence relied upon, and nonbinding
assessments on how the testimony, documents, and other
evidence support the nonbinding recommendation of the
arbitrator.
(2) The City and the Bargaining Unit or unrepresented
employee will agree on the neutral, third party arbitrator who
will conduct the evidentiary hearing and make the above
nonbinding recommendations, prior to the onset of the
evidentiary hearing. In the event an agreement on a third
party arbitrator cannot be reached, then either party shall
promptly obtain from the California State Conciliation
Services a list of seven impartial arbitrators from which the
City and the Bargaining Unit shall select the neutral, third
party arbitrator by alternatively striking names from the list.
The first party to strike from the list shall be determined by
coin toss.
(3) The neutral, third party arbitrator will submit his or her
nonbinding recommendation for discipline and nonbinding
recommended-written findings of fact to the City Manager
with a copy to the employee and the Bargaining Unit within
30 days after the evidentiary hearing has been completed
and written briefs, if any, have been submitted. The City
Manager will have 30 days thereafter in which to review the
nonbinding recommendations and findings, to request
clarification or additional testimony or evidence (at the City
Manager’s discretion) on any issue, and to render a final
statement of written findings and decision. The City
Manager’s decision is final.
(4) Proof of service of the City Manager’s final statement of
written findings and decision and the statute of limitations on
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that final decision is in accordance with Subdivisions 6 and
7 of Section 6 of the Discipline Policy.
Section 7. Confidentiality - Laboratory reports and test results shall not appear
in an employee’s general personnel file. Information of this nature will be
contained in a separate confidential medical folder that will be securely kept under
the control of the Human Resources Manager. The reports or test results may be
disclosed to CITY management on a strictly need-to-know basis and to the tested
employee upon request. Disclosures, without patient consent, may also occur to
the extent allowed by law when: (1) the information is compelled by law or by
judicial or administrative process; (2) the information has been placed at issue in
a formal dispute between the employer and employee; (3) the information is to be
used in administering an employee benefit plan; or (4) the information is needed
by medical personnel for the diagnosis or treatment of the patient who is unable to
authorize disclosure.
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Article 16. Workplace Security
Article 15. Fitness for Duty Examinations
ARTICLE 15. FITNESS FOR DUTY EXAMINATIONS
Section 1. Pre-Employment Drug Testing, Conditional Offer
of Employment
Pre-Employment Drug Testing:
Pre-employment testing of applicants for drugs may be required for safety
sensitive jobs in which individuals perform work that involves danger to the public
or jobs in which individuals can directly influence children. A positive result of any
illegal drugs may result in the applicant being withdrawn for consideration of the
position.
If a drug screen is positive, the applicant must provide, within 24 hours of the
request, bona fide verification of a valid current prescription for the drug identified
in the drug screen. If the prescription is not in the applicant’s name or the applicant
does not provide acceptable verification, or if the drug is one that is likely to impair
the applicant’s ability to perform the essential job duties, the applicant's job offer
may be withdrawn.
Conditional Offer of Employment:
After a conditional offer of employment has been extended to an applicant, prior
to conferring appointment, the City may, in compliance with all applicable laws,
require the applicant to submit to a fitness for duty medical examination or submit
acceptable medical information that is directly related to job performance and
business necessity to determine whether or not the individual can perform the
essential functions of the position, with or without reasonable accommodation.
If a drug screen is positive, the applicant must provide, within 24 hours of the
request, bona fide verification of a valid current prescription for the drug identified
in the drug screen. If the prescription is not in the applicant’s name or the applicant
does not provide acceptable verification, or if the drug is one that is likely to impair
the applicant’s ability to perform the essential job duties, the applicant's conditional
offer of employment may be withdrawn.
Section 2. Probationary and Regular Status Employee Examinations
The Human Resources Manager or a designee may require an employee to submit
to a fitness for duty examination that is job-related and consistent with business
necessity to determine if the employee is able to perform the essential functions
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of his or her job when: 1) the employee appears to be unable to perform or has
difficulty performing one or more essential functions of his or her job; and 2) there
is reason to question the employee’s ability to safely or efficiently complete work
duties.
Article 15. Fitness for Duty Examinations
Section 3. Role of Health Care Provider
A City-selected health care provider will examine the employee at City expense.
The City will provide the heath care provider with a letter requesting a fitness for
duty examination and a written description of the essential functions of the
employee’s job. The health care provider will examine the employee and provide
the City with non-confidential information regarding whether: 1) the employee is
fit to perform essential job functions; 2) there are any reasonable accommodations
that would enable the employee to perform essential job functions; and 3) the
employee’s continued employment poses a threat to the health and safety of him
or herself or others. Should the health care provider exceed the scope of the City’s
request and provide confidential health information, the City will return the report
to the health care provider and request another report that includes only the non-
confidential fitness for duty information that the City has requested.
Section 4. Medical Information
During the course of a fitness for duty examination, the City will not seek or use
information regarding an employee’s medical history, diagnoses, or course of
treatment without an employee’s written authorization.
Section 5. Medical Information from the Employee’s Health Care Provider
An employee may consent to his or her personal healthcare provider submitting
confidential medical information to the City or the City-selected health care
provider. If the employee provides written authorization, the Human Resources
Manager will submit the information that the employee provides to the City-paid
health care provider who conducted the examination. The Human Resources
Manager will request the City-paid health care provider to determine whether the
information alters the original fitness for duty assessment.
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Article 16. Workplace Security
ARTICLE 16. WORKPLACE SECURITY
Section 1. Policy
The City is committed to providing a safe and secure workplace for employees and
the public. The City will not tolerate acts, jokes about, or threats of violence in the
workplace. The workplace includes any location where City business is
conducted, including vehicles and parking lots. Any violation of this policy will be
referred to law enforcement (which may lead to criminal prosecution), and/or
disciplinary action, up to and including termination.
Section 2. Requirements for Employees
a. Employees are prohibited from engaging in, joking about, or
promoting acts of intimidation, violence, threats, coercion, assault
and/or abusive behavior toward any person while in the course of
City employment. The City will not tolerate any conduct that
references workplace violence, even if it was intended to be
harmless, humorous, a prank, blowing off steam, or venting.
b. Employees engaged in City business are prohibited from carrying
self-defense weapons in violation of any law or this policy.
Employees who have legal authority to carry a self-defense weapon
shall notify the department director in writing of what type of weapon
is being carried. Employees who have legal authority to carry self-
defense weapons violate this policy if they: 1) accidentally discharge
or lose their weapon; 2) use, threaten to use, or display the weapon
while engaging in City business or while on City property; or 3)
violate any law related to carrying a legal self-defense weapon while
engaged in City business.
c. The security of facilities and the welfare of our employees require
that every individual be aware of potential security risks. An
employee must immediately notify their supervisor or other manager
when a person is acting in a suspicious manner in or around the
facilities, when keys or other access devices are lost or misplaced,
or when the employee believes the City office or facility is otherwise
not secure. An employee must also immediately notify their
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supervisor or other manager if they are aware of any violent or
potentially violent incidents, threats, or concerns of a risk for violence
or other disturbance. The employee’s supervisor or other manager
must promptly notify the Department Director, City Manager or the
Human Resources Division of the employee’s report.
d. No profile allows an employer to determine definitely whether an
individual will be more prone to workplace violence than another. An
employee must immediately report any potential early warning signs
or any other unusual behavior to his/her supervisor or department
director, per Section 4. Incident Reporting Procedures.
Potential early warning signals may include, but are not limited to, the following:
• Direct or veiled verbal or physical threats of harm.
• Intimidation of others.
• Carrying a concealed weapon.
• Paranoid behavior.
• Moral righteousness and indignation.
• Inability to take criticism of job performance and/or holding a grudge.
• Extreme interest in semiautomatic or automatic weapons.
• Fascination with incidents of workplace violence.
• Obsessive involvement with the job.
• Being a loner.
• Violence toward inanimate objects.
• Theft or sabotage of projects or equipment.
• Behavior or communication presented as some sort of dark humor.
e. If an employee is faced with aggression from another person, the
employee should try to de-escalate the situation whenever the employee can
safely do so. Whenever an employee can safely do so, the employee should
retreat from the situation and seek assistance from a supervisor, Department
Director, or law enforcement rather than responding in a physically confrontational
manner. An employee should avoid or minimize conflict, confrontation, and a
physical response whenever the employee can safely do so.
Section 3. Definitions
a. ”Weapons” are defined as firearms, chemical sprays, clubs or
batons, and knives, and any other device, tool, chemical agent or implement that
can cause bodily harm if used as a weapon or displayed in such a manner to cause
harm or threaten a person with harm.
b. “Workplace Violence” is any conduct that causes an individual to
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reasonably fear for his or her personal safety or the safety of his or her family, co-
workers, associates, friends, and/or property. Specific examples of workplace
violence include, but are not limited to, the following:
(1) Threats or acts of physical harm directed toward an individual
or his/her family, friends, co-workers, associates, or property.
(2) The destruction of, or threat of destruction to City property or
another employee’s property.
(3) Harassing or threatening phone calls.
(4) Surveillance that is threatening or intimidating.
(5) Stalking.
(6) Possession of offensive or defensive weapons (firearms,
illegal knives, clubs, mace, pepper spray, tear gas, etc.).
(7) Any conduct relating to violence, aggression, intimidation, or
threats of violence that adversely affects the City’s legitimate
business interests.
Section 4. Incident Reporting Procedures
Subdivision 1. An employee must immediately report any potential warning signs
of workplace violence or any other unusual behavior and workplace violence
incidents to his/her supervisor or department director. The supervisor or
department director will report the matter to the Human Resources Manager.
An employee is authorized and encouraged to call 911 if the employee feels law
enforcement response is needed.
Subdivision 2. The Human Resources Manager, at the authority of the City
Manager, will document all reports including reports of any potential warning signs
of work place violence and workplace violence incidents, including the employee
names(s), date/time, location, incident description, witness names and
statements, description of unidentified parties, description of the act(s) and/or
behavior arising from the incident and action(s) taken, and will provide any other
relevant information regarding the incident.
Subdivision 3. The Human Resources Manager will take appropriate steps to
provide security, such as:
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1. Placing the employee alleged to have engaged in workplace violence on
administrative leave, pending investigation;
2. Asking any threatening or potentially violent person to leave the site;
3. Immediately contacting an appropriate law enforcement agency; and/or
4. Securing the City offices by methods including a temporary lockdown
while other precautions are taken.
Section 5. Investigation
The Human Resources Manager will see that reported violations of this policy are
investigated as necessary.
Section 6. Management Responsibilities
Each department director has authority to enforce this policy by:
a. Training supervisors and subordinates about their responsibilities under
this policy;
b. Assuring that reports of workplace violence are documented accurately
and timely;
c. Notifying the Human Resources Manager and/or law enforcement
authorities of any incidents (including calling 911 if needed);
d. Making suggestions of methods to improve safety and security;
e. Making reasonable efforts to maintain a safe and secure workplace; and
f. Maintaining records and follow up actions related to workplace violence
reports.
Section 7. Follow up and Disciplinary Procedures
An employee found in violation of this policy will be subject to disciplinary action,
up to and including termination of employment. The City may also direct that an
employee submit to a fitness for duty examination. In addition, employees found
in violation of this policy may be investigated by law enforcement which may result
in criminal prosecution.
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The Human Resources Division will review security precautions and policies after
an incident or concern to determine whether any changes in security, processes,
or policy should be made.
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Article 17. Employment of Relatives
ARTICLE 17. EMPLOYMENT OF RELATIVES
Section 1. Definitions
The following definitions apply to this Article:
a. “Relative” means spouse, domestic partner (pursuant to
Family Code sections 297, et seq.), child, step-child or a step-relative similar
to any of the category of relatives noted in this paragraph, parent,
grandparent, grandchild, brother, sister, half-brother, half-sister, aunt,
uncle, niece, nephew, parent-in-law, brother-in-law or sister-in-law.
b. “Spouse” means two persons who have a valid marriage and
who are wife and husband, or two people who are domestic partners, as
that term is defined by California law (pursuant to Family Code sections
297, et seq.).
c. “Supervisory relationship” means one in which one
employee has the authority to control, direct, reward, or punish another by
virtue of the duties and responsibilities assigned to his or her City
appointment.
d. “Employee” for purposes of this Article only, is one who
receives a City payroll check for services rendered or who is serving the
City in a limited, volunteer or intern capacity.
Section 2. Policy Relating to Relatives
A department director has discretion not to appoint, promote or transfer a person
to a position within the same department in which the person’s relative already
holds a position, when such employment would result in any of the following:
a. A direct or indirect supervisory relationship;
b. The two 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; or
d. A potential for creating an adverse impact on supervision, safety,
security, morale or efficiency that is greater for relatives than for
unrelated persons.
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Section 3. Policy Concerning Employees Who Become Spouses or
Domestic Partners
Subdivision 1. If two City employees who work in the same department become
spouses or domestic partners (pursuant to Family Code sections 297, et seq.) or
step-relatives, the department director has discretion to transfer one of the
employees to a similar position in another department. Although the wishes Article
17. Employment of Relatives
of the employees in question will be given consideration, the department director
retains sole discretion to determine which employee is to be transferred based
upon City needs, operations, or efficiency. Notwithstanding any provision in these
Policies, any such transfer that results in a salary reduction is not disciplinary and
is not subject to any grievance or appeal.
Subdivision 2. If continuing employment of both employees cannot be
accommodated in a manner the department director finds to be consistent with the
City’s interest in the promotion of safety, security, morale, and efficiency, then the
department director, with the authorization of the City Manager, retains discretion
to separate one employee from City employment. Absent the resignation of one
employee, the less senior employee will be separated. Notwithstanding any
provision in these Policies, any such separation is not considered to be disciplinary
and is not subject to any grievance or appeal.
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Article 18. Use of City Property and Equipment
ARTICLE 18. USE OF CITY PROPERTY AND EQUIPMENT
Section 1. Policy
Subdivision 1. City property is to be used only for conducting City business
unless otherwise authorized. City property includes, but is not limited to:
telephones, faxes, copiers, desks, computers (including hardware and software),
file cabinets, lockers, communications stored or transmitted on City property (such
as e-mails and voice-mails), vehicles, maintenance equipment, tools, supplies,
and any other City property used by City employees in their work. Employees do
not have a reasonable expectation of privacy when using City property or
equipment.
Subdivision 2. City property may be monitored and searched at any time and for
any reason. Messages sent or received on City equipment may be saved and
reviewed by others and may be subject to public disclosure under the Public
Records Act. As a result, City employees have no expectation of privacy in the
messages sent or received on City property or equipment.
Subdivision 3. Every City employee is required to adhere to all City rules and
policies while on City property or using City property or equipment.
Section 2. Use of Communications Equipment
Subdivision 1. Minimal Personal Use of Communications
Equipment Permitted City employees may use City telephones and e-mail for
personal use provided that the use:
a. Is kept to a minimum and limited to break times or non-working hours;
b. Does not have any impact upon other City employees or operations;
c. Allows the employee to more efficiently perform City work;
d. Is not abusive, illegal, or inappropriate; and
e. Does not have any cost impact to the City.
Subdivision 2. Inappropriate Use of Communications Equipment Prohibited
The following are examples of inappropriate and prohibited uses of the City’s
communications systems:
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a. Exposing others, either intentionally or unintentionally, to material
which is unlawful, harassing, obscene or pornographic;
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b. Any use that would be offensive to a reasonable person because it
involves an individual’s race, religion, color, religious creed, sex,
gender, gender expression, gender identity, sexual orientation
(including heterosexuality, homosexuality and bisexuality, pursuant
to Government Code section 12926 (r)), ethnic or national origin,
ancestry, citizenship status, uniformed service member status,
marital status, family relationship, pregnancy, age, medical
condition, genetic information or characteristics, physical or mental
disability (whether perceived or actual), or any other characteristic
protected by applicable law;
c. Communication of confidential City information to unauthorized
individuals within or outside the City;
d. Sending messages with content that conflicts with any City policies,
rules or other applicable laws;
e. Unauthorized attempts to access City data or systems;
f. Theft, removal, unauthorized using or copying of, unauthorized
deleting, or unauthorized modifying electronic files or data;
g. Initiating or sustaining chain letters, and
h. Intentionally misrepresenting one’s identity, position or authority for
improper or illegal acts.
Section 3. Vehicle Safety
Subdivision 1. The purpose of this section is to ensure the safe operation
of City owned vehicles, as well as the operation of personal vehicles while on City
business, to ensure the safety of drivers, passengers, and the public, and to
minimize losses, damages, and claims against the City.
Subdivision 2. Employees shall refrain from operating telephones (unless using
a hand-free headset or a vehicle system that allows hands-free operation), laptop
computers, navigational devices and any other device that may cause driver
distraction while operating a City vehicle or while operating a privately owned
vehicle in the course of conducting City business.
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No City Employee shall operate a cellular telephone without a hands-free device,
unless the use is required due to an emergency as set forth in California Vehicle
Code Section 23123. In the event of an emergency that qualified under California
Vehicle Code Section 23123, drivers shall make every attempt to properly park
their vehicle prior to using such devices.
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Article 19. Outside Employment
ARTICLE 19. OUTSIDE EMPLOYMENT
Section 1. Policy
An employee shall not engage in any employment which is inconsistent,
incompatible, or in conflict with his or her duties as a City officer or employee, or
with the duties, functions, or responsibilities of the City. Employment may include
activities which violate the terms of the policy even if no compensation is received.
Section 2. Definition of Outside Employment or Activity
“Outside employment” is any work performed by a City employee outside of his or
her City employment.
Section 3. Prohibited Types of Outside Employment or Activities
The City prohibits any outside employment or activity that involves:
a. The use of City time, facilities, equipment and supplies, or the badge,
uniform, prestige, authority, or influence of his or her City office or
employment;
b. Receipt or acceptance by the officer or employee of any bribe,
payment, money, item of value, or other consideration, from any
person or entity other than the City, for the performance of an act
which the officer or employee, if not performing such act, would be
required or expected to render in the regular course or hours of his
or her City employment or as a part of his or her duties as an officer
or employee;
c. The performance of an act, not in his or her capacity as a City officer
or employee, which may later be subject directly or indirectly to the
control, inspection, review, audit, or enforcement by the officer or
employee or any other officer or employee of the City;
d. Such time demands as would render performance of his or her duties
as a City officer or employee less efficient;
e. Any act, whether or not for monetary compensation or other value or
consideration, which is inconsistent, incompatible, in conflict with his
or her duties for the City.
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Article 19. Outside Employment
Section 4. Request to Pursue Outside Employment or Activity
Subdivision 1. Any employee interested in outside employment or activity
shall submit a written application to the City Manager, on a form provided by the
City, stating the following:
a. Type or nature of employment or activity;
b. Name of prospective employer or organization;
c. Location of employment or activity, including physical and mailing
address, email, and telephone number; and
d. Time period of engaging in the outside employment or activity,
including average number of hours per week that will be spent in the
outside employment or activity.
Subdivision 2. The City Manager’s decision will be based on the factors
contained in this policy. A notation regarding the City Manager’s decision will be
placed in the employee’s personnel file. The employee’s request must be re-
submitted when any of the required information changes or when the time period
on the application expires. Authorization granted pursuant to this policy is
revocable at any time.
ARTICLE 20. EMPLOYEE POLITICAL ACTIVITIES
Section 1. Policy
The City prohibits:
a. Employees and officers from engaging in political activities during
working hours.
b. Political campaigning in City buildings or on premises adjacent to
City buildings; and
c. An employee or officer from using his or her office to coerce or
intimidate public employees to promote, propose, oppose, or
contribute to any political cause or candidate.
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Section 2. Examples of Prohibited Conduct
a. Participation in political activities of any kind while in City
uniform;
b. Participation in political activities during working hours;
c. Participation in political activities on City worksites;
Article 20. Employee Political Activities
d. Placing or distributing political communications
on City property;
e. Using city equipment to make political communications;
f. Soliciting a political contribution from an officer or
employee of the City, or from a person on a City employment
list, with knowledge that the person from whom the
contribution is solicited is a City officer or employee;
g. Favoring or discriminating against any employee because of
political opinions or affiliations;
h. Interfering with any election; or
i. Attempting to trade job benefits for votes.
Section 3. Examples of Permitted Conduct
a. Expressing opinions on all political subjects or candidates;
b. Becoming a candidate for any local, state, or national election;
c. Contributing to political campaigns;
d. Joining and participating in the activities of political organizations;
e. Requesting, during off-duty time, political contributions, through the
mail or other means, from City officers or employees, if the solicitation is part of a
solicitation made to a significant segment of the public which may include City
officers or employees;
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f. Soliciting or receiving during off-duty time, political contributions
from a City employee organization if the funds, when collected, were
not earmarked for a clearly identifiable candidate for a federal, state
or local office; or
g. Soliciting or receiving, during off-duty time, political funds or
contributions to promote the passage or defeat of a ballot measure
which would affect the rate of pay, hours of work, retirement, civil
service, or other working conditions of City officers or employees.
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Article 21. Discipline Policy
ARTICLE 21. DISCIPLINE POLICY
Section 1. Policy Coverage
The following categories of persons can be terminated at-will and have no rights
to any of the pre- or post-disciplinary processes or procedures in this Policy: (1)
temporary employees; (2) probationary employees (3) any person who serves
pursuant to a contract; and (4) any person who is designated “at-will” in any City
policy, document, acknowledgement, memorandum of understanding, resolution
or ordinance.
Notwithstanding any provision in this policy, any regular employee who is exempt
from the overtime provisions of the Fair Labor Standards Act (FLSA), and who is
paid on a salary basis, is not subject to any disciplinary penalty which is
inconsistent with his or her FLSA overtime-exempt status.
Section 2. Causes for Discipline
Regular employees may be counseled, advised against, reprimanded, suspended,
demoted or discharged for disciplinary causes.
The City does not intend for this policy to prohibit or regulate any activity or
comments that are protected by applicable law. Nothing in this policy makes
unlawful any employee activity protected by applicable law (including but not
limited to activity or comments protected by the Constitution, activity or comments
protected by other applicable laws, and comments about wages, hours, or terms
or conditions of employment and protected and concerted activity protected by
applicable law). This policy will not be interpreted in a manner as to restrict or
regulate employee behavior or comments protected by applicable law.
The list of disciplinary causes below is not all inclusive.
1. Violation of the City’s Personnel Rules and Policies, Code of Ethics
or any department rule, City administrative policy or City regulation, ordinance or
resolution;
2. Absence without authorized leave per Article 13. Leaves of Absence,
Section 12. Unauthorized Leave;
3. Excessive absenteeism and/or tardiness per Article 11. Work
Week, Hours of Work, and Absence Control, Section 3. Absence Control,
Subdivision 2. Excessive Tardiness/Absenteeism;
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4. Use of leave in a manner not authorized;
5. Falsification of records or making any false statement, omission or
misrepresentation of a material fact, such as, for example, providing wrong or
misleading information or other fraud in securing appointment, promotion, or
maintaining employment, or falsifying timecards, reimbursement of expense
requests, or any other employment-related or City-related document;
6. Unsatisfactory job performance such as, for example, incompetency
or failure to comply with the minimum standards required of employee’s position,
unsatisfactory, careless, or negligent job performance, inexcusable neglect of
duties required of employee’s position;
7. Inefficiency such as, for example, inattention to duties, loafing, idling,
or wasting time during work hours;
8. Malfeasance (a legally unjustified or harmful act performed by a
public official or employee) or misconduct, which shall be deemed to include, but
shall not be limited to the following acts or omissions:
a. Conviction of a felony. "Conviction" shall be construed to be a
determination of guilt of the accused by a court, including a plea of
guilty or nolo contendere (no contest), regardless of sentence, grant
of probation, or otherwise.
b. Damaging City property, equipment, or vehicles, or wasting
City supplies through negligence or misconduct.
9. Insubordination or refusal to comply with instructions given by a
supervisor or failure to perform reasonable duties to which assigned;
10. Dishonesty;
11. Theft;
12. Violation of the City’s or a department’s confidentiality policies, or
disclosure of confidential City information to any unauthorized person or entity.
Each employee is responsible for safeguarding confidential information obtained
during employment. It is the responsibility of the employee not to reveal or divulge
such information unless it is necessary for the employee to do so in the
performance of their duties or unless the disclosure is protected by law (such as,
for example, concerted and protected labor activity disclosures and disclosures
protected by Constitutional provisions or other applicable law);
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13. Misuse of any City property, including, but not limited to: physical
property, tools, equipment, vehicles, computers, City communication systems, or
Intellectual Property;
14. Mishandling of public funds;
15. Falsifying any City record;
16. Discourteous treatment of the public or other employees;
17. Failure to cooperate with employee's supervisors or fellow
employees;
18. Violation of the City’s Drug-Free Workplace Policy;
19. Violation of the City's Use of City Property and Equipment Policy;
20. Violation of the City’s Policy Against Harassment, Discrimination and
Retaliation;
21. Violation of the City’s Workplace Security Policy;
22. Unapproved outside employment or activity that violates the City’s
Outside Employment policy, or other enterprise that constitutes a conflict of
interest with service to the City or an incompatible activity;
23. Any conduct that impairs, disrupts or causes discredit to the City, to
the employee's City employment, to the public service, or to another employee's
employment;
24. Failure to comply with OSHA Safety Standards, City safety and risk
management policies, and the City’s Injury and Illness Prevention Plan (IIPP);
25. Failure to report to his or her supervisor any employee conduct that
results in contact with criminal authorities (such as police) which may affect
employment with the City;
26. Altering, falsifying, and tampering with time records, or recording
time on another employee's time record; or
27. Working overtime without prior authorization.
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28. Accessing software files, information, documents, communications,
and email messages without specific authorization of the employee or the City
Manager, except for IT-required access for system administration purposes only.
Section 3. Investigation
When an act of an employee that may be cause for disciplinary action is reported
to the City; it may be necessary to conduct an investigation to determine the facts
and/or to confirm the allegations. The investigation may be performed by the City
or independent investigator. The objective of the investigation shall be to
determine if a disciplinary offense did occur, the nature of the offense, and that it
was committed by the employee to be disciplined. Investigations shall be
conducted as confidential as possible.
If the incident appears to be of criminal nature, the City Attorney and the Santa
Clara County Sherriff shall be notified immediately and subsequent investigation
shall be under the direction of the Sherriff.
The City may place an employee on administrative leave with pay pending an
investigation when the City believes that the employee’s presence at the work site
is detrimental to the investigation or the operations of the City.
Section 4. Counseling and Discipline
Counseling includes any informal discussion with the employee which is designed
to assist the employee to develop or improve job skills, abilities or conduct. The
purpose of the counseling may be to clarify City rules, solve a problem, or discuss
particular weaknesses. Counseling may be provided by the employee’s
supervisor, department director, Human Resources Manager, or an independent
professional selected by the City.
Progressive discipline is warranted when counseling has failed and performance
standards are not met or when the employee’s conduct warrants more serious
action. Progressive discipline advises the employee of the action needed to
improve the deficiency and a time table for improvement.
While most disciplinary infractions are subject to progressive discipline some
offenses, because of their nature or severity, are recognized as subject to
immediate disciplinary suspension or discharge by the City. The specific
circumstances of the situation will determine if the appropriate discipline is a
disciplinary suspension or discharge.
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Article 21. Discipline Policy
Subdivision 1. Verbal Warning
If the infraction is serious, the verbal warning may not be the first step in the
progressive discipline process. The employee’s supervisor will give a verbal
warning, which includes specific requirements for improvement. Verbal warnings
are given with the expectation the problem can be solved, but it is the employee’s
responsibility to solve the problem.
The supervisor will provide the Human Resources Division written documentation
of the verbal warning to be retained in the employee’s personnel file. A verbal
warning cannot be appealed.
If a verbal warning does not result in appropriate correction and within an
appropriate time frame, a written warning may be issued by the supervisor in a
meeting with the employee.
Subdivision 2. Written Warning
If the infraction is serious, the written warning may be the first step in the
progressive discipline process. The written warning includes an explanation of
what behavior needs to be corrected, how the situation must be corrected and
timeframe by which it is anticipated that the situation will be corrected. Written
warnings are given with the expectation the problem can be solved, but it is the
employee’s responsibility to solve the problem.
The supervisor will provide the Human Resources Division a copy of the written
warning to be retained in the employee’s personnel file. A written warning cannot
be appealed under this policy.
The employee has the option to submit a written rebuttal to the written warning to
the Supervisor with a copy provided to the Human Resources Division to be
retained in the employee’s personnel file.
Subdivision 3. Disciplinary Suspension
A department director may suspend an employee without pay from his or her
position for cause. The duration of suspensions vary depending upon the
seriousness of the infraction. Disciplinary suspensions are retained in the
employee’s personnel file.
In accordance with the Fair Labor Standards Act, exempt employees may not be
suspended for less than one week (except in the case of major safety violations).
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Employees have the right to the conference and appeal process outlined in
this Article, Section 5. Skelly Process – Pre-Disciplinary Procedure for Suspension
or Discharge.
Subdivision 4. Discharge
The City may discharge an employee from his or her position for cause.
Documents related to discharge shall become a part of an employee’s personnel
file. Employees have the right to the conference and appeal process outlined in
this Article, Section 5. Skelly Process – Pre-Disciplinary Procedure for Suspension
or Discharge.
Section 5. Skelly Process – Pre-Disciplinary Procedure for Suspension or
Discharge
For a discharge or a suspension for which Skelly rights are applicable, only regular
employees (non probationary employees and non at-will employees) have the right
to the conference and appeal processes outlined in this Section.
Subdivision 1. Notice of Intent to Discipline The employee will be provided a
written notice of intent to discipline, copied to the City Manager that contains the
following:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
c. A summary of the misconduct upon which the charges are based;
d. A copy of written materials, reports, or documents upon which the
intended discipline is based;
e. Notice of the employee’s right to respond to the department director
regarding the charges within 5 calendar days from the date of the
Notice, either by requesting an informal conference, or by providing
a written response, or both;
f. Notice of the employee’s right to have a representative of his or her
choice at the informal conference, should he or she choose to
respond orally; and
g. Notice that the failure to respond at the time specified shall constitute
a waiver of the right to respond prior to the imposition of discipline.
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Article 21. Discipline Policy
Subdivision 2. Employee’s Response and the Skelly Conference
a. If the employee requests an informal conference to respond orally to
the charge(s), the conference must be scheduled at least 7 calendar days
after the date of the Notice of Discipline (see Subdivision 1). The
conference will be an informal meeting with the department director, at
which the employee has an opportunity to rebut the charges against him or
her and present any mitigating circumstances. The department director will
consider the employee’s presentation before recommending any final
disciplinary action.
b. The employee’s failure to make an oral response at the arranged
conference time, or the employee’s failure to cause his or her written
response to be delivered by the date and time specified in the notice,
constitutes a waiver of the employee’s right to respond prior to the
imposition of the discipline. In that case, the proposed disciplinary action
will be imposed on the date specified.
Subdivision 3. Final Notice of Discipline
a. After considering the employee’s response, or after the expiration of
the employee’s time to respond to the Notice of Intent, the
department director shall: (1) dismiss the notice of intent and take no
disciplinary action against the employee or (2) modify the intended
disciplinary action or (3) impose the intended disciplinary action. In
any event, the department director shall prepare and provide the
employee with a notice, copied to the City Manager that contains the
following:
b. The level of discipline, if any, to be imposed and the effective date of
the discipline;
c. The specific charges upon which the discipline is based;
d. A summary of the misconduct upon which the charges are based;
e. A copy of written materials, reports, or documents upon which the
discipline is based; and
f. A statement of the nature of the employee’s right to appeal.
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Section 6. Evidentiary Appeal to the City Manager
Subdivision 1. Request for Appeal Hearing A regular, for-cause employee may
appeal from a final notice of discipline by delivering a written answer to the charges
and a request for appeal to the City Manager or designee. The written answer and
request for appeal must be received no later than 10 calendar days from the date
of the department director’s decision.
Subdivision 2. Delegation The City Manager or designee reserves the right to
delegate his or her authority to decide the appeal to an outside hearing officer to
be chosen by the City Manager or designee.
Subdivision 3. Date and Time of the Appeal Hearing The City Manager will set
a date for an appeal hearing within a reasonable time after receipt of a timely
written answer and request for appeal. An employee who, having filed a timely
written answer and request for appeal, has been notified of the time and place of
the appeal hearing, and who fails to appear personally at the hearing, may be
deemed to have abandoned his or her appeal. In such a case, the City Manager
may dismiss the appeal.
Subdivision 4. Identification of Issues, Witnesses and Evidence No later than
10 weekdays (two weeks) prior to the appeal hearing, each party will provide each
other and the City Manager with that party’s statement of the issues to be decided,
a list of all witnesses anticipated to be called (except rebuttal witnesses), a brief
summary of the subject matter of the testimony of each witness, and a copy of all
evidence (except rebuttal evidence) anticipated to be submitted at the hearing.
The City will use numbers to identify its evidence; the employee shall use alphabet
letters. Neither party will be permitted to call any witness during the hearing that
has not been identified pursuant to this section, nor use any exhibit not provided
pursuant to this section, unless that party can show that they could not have
reasonably anticipated the need for the witness or exhibit. The City Manager will
state at the beginning of the hearing his or her decision as to the precise issue(s)
to be decided.
Subdivision 5. Conduct of the Appeal Hearing
a. Subpoenas The City Council has authority, and may delegate the
authority to the City Clerk, to issue subpoenas in the name of the City prior
to the commencement of the hearing. Each party is responsible for serving
his/her/its own subpoenas. City employees who are subpoenaed to testify
during working hours will be released with pay to appear at the hearing. City
employees who are subpoenaed to testify during nonworking hours will be
compensated for the time they actually testify unless the City agrees to a
different arrangement.
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a Continuances The City Manager may continue a scheduled
hearing only upon good cause shown.
b Record of the Proceedings All disciplinary hearings may, at
the discretion of the parties, be either recorded by a court reporter
or tape recorded.
c The City Manager’s Authority During the Hearing The City
Manager has the authority to control the conduct of the hearing
and to affirm, modify, or revoke the discipline.
e. Conduct of the Hearing
(1) The hearing need not be conducted in accordance with
technical rules relating to evidence and witnesses, but hearings shall be
conducted in a manner the City Manager decides is the most conducive to
determining the truth.
(2) Any relevant evidence may be admitted if it is the type of
evidence upon which responsible persons are accustomed to rely upon in
the conduct of serious affairs, regardless of the existence of any common
law or statutory rules which might make improper the admission of such
evidence over objection in civil actions.
(3) Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but over timely objection
shall not be sufficient in itself to support a finding, unless such evidence
would be admissible over objection in civil actions. An objection is timely if
made at the time the hearsay is offered as evidence.
(4) All privileges recognized in civil proceedings apply.
(5) Irrelevant and unduly repetitious evidence may be excluded.
(6) The City Manager shall determine relevancy, weight and
credibility of testimony and evidence.
(7) During the examination of a witness, all other witnesses,
except the parties, shall be excluded from the hearing upon the request of
either party.
(8) All witnesses shall be sworn in for the record prior to testifying
at the hearing. The City Manager or the court reporter shall request each
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witness to raise his or her right hand and respond to the following: “Do you
swear or affirm that the testimony that you are about to give at this hearing
is the truth, the whole truth, and nothing but the truth?”
f. Burden of Proof at the Hearing The City has the burden of proof
by a preponderance of the evidence.
g. Right to Due Process The employee shall have the following due
process rights during the hearing:
(1) The right to be represented by legal counsel or another
chosen representative, at his or her own expense;
(2) The right to call and examine witnesses on his or her behalf;
(3) The right to introduce evidence;
(4) The right to cross-examine opposing witnesses on any matter
relevant to the issues;
(5) The right to impeach any witness regardless of which party
first called him or her to testify; and
(6) The right to rebut evidence against him or her.
h. Hearing to be closed to the Public The hearing will be closed to
the public unless the employee requests that it be open.
i. Presentation of the Case The parties will address their remarks,
evidence, and objections to the City Manager. All parties and their counsel or
representatives shall not disparage the intelligence, morals, or ethics of their
adversaries, the representatives of the adversaries, or of the City Manager. The
City Manager may terminate argument at any time and issue a ruling regarding an
objection or any other matter. The City Manager may alter the order of witnesses,
limit redundant or irrelevant testimony, or directly question the witness. The
hearing shall proceed in the following order unless the City Manager directs
otherwise:
(1) The City shall be permitted to make an opening statement.
(2) The employee shall be permitted to make an opening
statement.
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(3) The City shall produce its evidence (followed by cross-
examination of each witness by the employee).
(4) The employee shall produce his or her evidence (followed by
cross-examination of each witness by the City).
(5) The City, followed by the employee, may offer rebuttal
evidence.
(6) Closing arguments of no more than 20 minutes (or other time
limit set by the City Manager) shall be permitted at the discretion of the City
Manager. The City shall have the right to argue first, the employee may
argue second, and the City may reserve a portion of its argument time for
rebuttal.
j. Written Briefs by the Parties The City Manager or the parties
may request that written briefs be submitted. The City Manager will determine
whether to allow written briefs, the deadline for submitting briefs, and the page limit
for briefs.
Subdivision 5. Written Findings and Decision The City Manager shall render
a statement of written findings and decision within 30 days after the hearing has
been completed and the briefs, if any, have been submitted. The City Manager’s
decision is final.
Subdivision 6. Proof of Service of the Written Findings and Decision The
City Manager shall send his or her final statement of written findings and decision,
along with a proof of service of mailing, to each of the parties and to each of the
parties’ representatives. A copy shall also be distributed to the Human Resources
Manager.
Subdivision 7. Statute of Limitations The City Manager’s written findings and
decision is final. There is no process for reconsideration. Pursuant to Code of
Civil Procedure section 1094.6, the parties have 90 days from the date of the proof
of service of mailing of the written findings and decision to challenge the decision
in the Superior Court in and for the County of Santa Clara.
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Article 22. EMPLOYER-EMPLOYEE RELATIONS POLICY
ARTICLE 22. EMPLOYER-EMPLOYEE RELATIONS POLICY
Section 1. Policy
Subdivision 1. Statement of Purpose This Policy implements Chapter 10,
Division 4, Title 1 of the Government Code of the State of California (Sections 3500
et seq.) captioned "Local Public Employee Organizations," by providing orderly
procedures for the administration of employer-employee relations between the City
and its employee organizations. For subjects governed by these rules, these rules
prevail over PERB regulations under Government Code section 3509(a) unless
applicable law provides a contrary result. However, nothing contained herein shall
be deemed to supersede the applicable provisions of state or City law which
establish and regulate City employment or which provide for other methods of
administering employer-employee relations. This Policy is intended, instead, to
strengthen employer-employee relations through the establishment of uniform and
orderly methods of communications between employees, employee organizations
and the City.
It is the purpose of this Policy to provide procedures for meeting and conferring in
good faith with Exclusively Recognized Employee Organizations regarding matters
that directly and significantly affect and primarily involve the wages, hours and
other terms and conditions of employment of employees in appropriate units and
that are not preempted by federal or state law. However, nothing in this Article
shall be construed to restrict any legal or inherent exclusive City rights with respect
to matters of general legislative or managerial policy, which include among others:
The exclusive right to determine the mission of its constituent departments,
commissions, and boards; set standards of service; determine the procedures and
standards of selection for employment; direct its employees; take disciplinary
action; relieve its employees from duty because of lack of work or for other lawful
reasons; determine the content of job classifications; subcontract work; maintain
the efficiency of governmental operations; determine the methods, means and
personnel by which government operations are to be conducted; take all
necessary actions to carry out its mission in emergencies; and exercise complete
control and discretion over its organization and the technology of performing its
work.
Section 2. Definitions
As used in this Article, the following terms shall have the meanings indicated:
a. "Appropriate unit" means a unit of employee classes or positions,
established pursuant to Section 3.
b. "City" means the City of Saratoga, and, where appropriate, refers
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to the City Council or any duly authorized City representative.
c. "Confidential Employee" means an employee who, in the course
of his or her duties, has access to confidential information relating to the City's
administration of meeting and conferring, grievances, and employer-employee
relations. A confidential employee will either be excluded from units (such as the
Human Resources Manager) or will have a limited role as appropriate to protect
confidential information.
d. "Consult/Consultation in Good Faith" means to communicate
orally or in writing with all exclusively recognized employee organizations for the
purpose of presenting and obtaining views or advising of proposed actions in a
good faith effort to reach a consensus.
e. "Day" means calendar day unless expressly stated otherwise.
f. "City Manager" specific to the employer-employee relations policy
means the City Manager or his/her duly authorized representative.
g. “Employee Organization” means either of the following: (1) Any
Organization that includes City employees and that has as one of its primary
purposes representing those employees in their relations with the City, or (2) any
organization that seeks to represent City employees in their relations with the City.
h. "Exclusive representative" means an employee organization that
has been recognized or certified as an exclusive or majority bargaining agent
pursuant to MMBA (Section 32016 of PERB regulations).
i. "Exclusively Recognized Employee Organization" means an
Employee organization which has been formally acknowledged by the City as the
sole employee organization representing the employees in an appropriate
representation unit under this Article Section 3, Subdivisions four or five. The
Exclusively Recognized Employee Organization has the exclusive right to meet
and confer in good faith concerning statutorily required subjects pertaining to unit
employees, and has the corresponding obligation of fairly representing such
employees.
j. "Impasse" means that the representatives of the City and an
Exclusively Recognized Employee Organization have reached a point in
their meeting and conferring in good faith where the parties have exhausted
the prospects of reaching agreement and their differences on matters to be
included in a Memorandum of Understanding, and concerning which they
are required to meet and confer, remain so substantial and prolonged that
further meeting and conferring would be futile. A deadlock on major issues
may suffice even if the parties may make progress on minor issues.
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k. "Director Employee" means an employee having
responsibility for
formulating, administering or managing the implementation of City policies and
programs.
l. "Proof of Employee Support" means (1) an authorization
card
recently signed and personally dated by an employee, or (2) a verified
authorization petition or petitions recently signed and personally dated by an
employee, or (3) employee dues deduction authorization, using the payroll register
for the period immediately prior to the date a petition is filed hereunder, except that
dues deduction authorizations for more than one employee organization for the
account of any one employee shall not be considered as proof of employee support
for any employee organization. The only authorization which shall be considered
as proof of employee support hereunder shall be the authorization last signed by
an employee. The words "recently signed" shall mean within ninety (90) days prior
to the filing of a petition.
m. "Supervisory Employee" means any employee having
authority,
as authorized by the City Manager, in the interest of the City, to hire, transfer,
suspend, layoff, recall, promote, discharge, assign, reward, or discipline other
employees, or responsibility to direct them, or to adjudge their grievances, or
effectively to recommend such action if, in connection with the foregoing, the
exercise of such authority is not of a merely routine or clerical nature, but requires
the use of independent judgment.
Section 3. Representation Proceedings
Subdivision 1. Filing of Recognition Petition by Employee Organization An
employee organization which seeks to be formally acknowledged as an
Exclusively Recognized Employee Organization representing the employees in an
appropriate unit shall file a petition with the City Manager containing the following
information and documentation:
1. Name and address of the employee organization;
2. Names and titles of its officers;
3. Names of employee organization representatives who are authorized to
speak on behalf of the organization;
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4. A statement that the employee organization has, as one of its primary
purposes, the responsibility of representing employees in their
employment relations with the City;
5. A statement whether the employee organization is a chapter of, or
affiliated directly or indirectly in any manner, with a local, regional, state,
national or international organization, and, if so, the name and address of
each such other organization;
6. Certified copies of the employee organization's constitution and bylaws;
7. A designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will be
deemed sufficient notice to the employee organization for any purpose;
8. A statement that the employee organization has no restriction on
membership based on race, color, religion, religious creed, sex, gender,
gender identity, gender expression, national origin, age, sexual
orientation, genetic information or characteristics, mental or physical
disability or medical condition and any other characteristic(s) protected
under applicable law;
9. The job classifications or position titles of employees in the unit claimed
to be appropriate and the approximate number of member employees
therein;
10. A statement that the employee organization has in its possession proof
of employee support as herein defined to establish that a majority of the
employees in the unit claimed to be appropriate have designated the
employee organization to represent them in their employment relations
with the City. Such written proof shall be submitted for confirmation to
the City Manager or to a mutually agreed upon disinterested third party;
and
11. A request that the City Manager formally acknowledge the petitioner as
the Exclusively Recognized Employee Organization representing the
employees in the unit claimed to be appropriate for the purpose of
meeting and conferring in good faith.
12. The Petition, including the proof of employee support and all
accompanying documentation, shall be declared to be true, correct and
complete, under penalty of perjury, by the duly authorized officer(s) of the
employee organization executing it.
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Subdivision 2. City Response to Recognition Petition Upon receipt of the
Petition, the City Manager shall determine whether:
1. There has been compliance with the requirements of the Recognition
Petition, and
2. The proposed representation unit is an appropriate unit in accordance
with Section 3, Subdivision 7 of this Article.
a. If an affirmative determination is made by the City Manager on the
foregoing two matters, he/she shall so inform the petitioning
employee organization, shall give written notice of such request for
recognition to the employees in the unit and shall take no action on
said request for thirty (30) days thereafter.
b. If either of the foregoing matters are not affirmatively determined, the
City Manager shall offer to consult thereon with such petitioning
employee organization and, if such determination thereafter remains
unchanged, shall inform that organization of the reasons therefore in
writing.
(1). The petitioning employee organization may appeal such determination in
accordance with Section 3, Subdivision 10 of this Policy.
Subdivision 3. Period for Challenging Petition
1. Within thirty (30) days of the date written notice was given to affected employees
that a valid recognition petition for an appropriate unit has been filed, any other
employee organization may file a competing request to be formally acknowledged
as the exclusively recognized employee organization of the employees in the same
or in an overlapping unit (one which corresponds with respect to some, but not all
the classifications or positions set forth in the recognition petition being
challenged), by filing a petition evidencing proof of employee support in the
proposed unit of at least thirty percent (30%) and otherwise in the same form and
manner as set forth in Section 3, Subdivision 1.
a. If such challenging petition seeks establishment of an overlapping
unit, the City Manager shall call for a hearing on such overlapping
petitions for the purpose of ascertaining the more appropriate unit, at
which time the petitioning employee organizations shall be heard.
b. Thereafter, the City Manager shall determine the appropriate unit or
units in accordance with the standards in Section 3, Subdivision 7.
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c. The petitioning employee organizations shall have fifteen (15) days
from the date notice of such unit determination is communicated to
them by the City Manager to amend their petitions to conform to such
determination or to appeal such determination pursuant to Section 3
Subdivision 10.
Subdivision 4. Granting Recognition without an Election
1. If the proof of employee support shows that a majority of the employees
in the appropriate unit have designated the petitioning employee
organization to represent them, and if no other employee organization
filed a challenging petition, the petitioning employee organization and the
City Manager shall request the California State Mediation and
Conciliation Service, or another agreed upon neutral third party, to review
the count, form, accuracy and propriety of the proof of support.
2. If the neutral third party makes an affirmative determination, the City
Manager shall formally acknowledge the petitioning employee
organization as the Exclusively Recognized Employee Organization for
the designated unit without an election.
Subdivision 5. Election Procedure
1. The City Manager shall arrange for a secret ballot election to be
conducted by a party agreed to by the City Manager and the concerned
employee organization(s), in accordance with such party's rules and
procedures subject to the provisions of this Policy.
2. All employee organizations who have duly submitted petitions which have
been determined to be in conformance with the requirements of this
Section 3 shall be included on the ballot.
a. The ballot shall also reserve to employees the choice of representing
themselves individually in their employment relations with the City.
b. Employees entitled to vote in such election shall be those persons
employed in regular positions within the designated appropriate unit
who were employed during the pay period immediately prior to the
date which ended at least fifteen (15) days before the date the
election commences, including those who did not work during such
period because of illness, vacation or other authorized leaves of
absence, and who are employed by the City in the same unit on the
date of the election.
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3. An employee organization shall be formally acknowledged as the
Exclusively Recognized Employee Organization for the designated
appropriate unit following an election or run-off election if it received a
numerical majority of all valid votes cast in the election.
a. In an election involving three or more choices, where none of the
choices receives a majority of the valid votes cast, a run-off election
shall be conducted between the two choices receiving the largest
number of valid votes cast; the rules governing an initial election are
also applicable to a run-off election.
4. There shall be no more than one valid election under this Policy pursuant
to any petition in a 12-month period affecting the same unit.
5. In the event that the parties are unable to agree on a third party to conduct
an election, the election shall be conducted by the California State
Mediation and Conciliation Service.
a. Costs of conducting elections shall be borne in equal shares by the
City and by each employee organization appearing on the ballot.
Subdivision 6. Procedure for Decertification of Exclusively
Recognized Employee Organization
1. A Decertification Petition, alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of
the employees in an established appropriate unit, may be filed with the
City Manager in a decertification "open period," which is at any time
following the first full year of recognition.
2. A Decertification Petition may be filed by two or more employees or
their representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized
signatory under penalty of perjury to be true, correct and complete:
a. The name, address and telephone number of the petitioner
and a designated representative authorized to receive notices or
requests for further information.
3. A Decertification Petition may be filed by two or more employees or their
representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized
signatory under penalty of perjury to be true, correct and complete:
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a. The name, address and telephone number of the petitioner and a
designated representative authorized to receive notices or requests
for further information.
b. The name of the established appropriate unit and of the incumbent
Exclusively Recognized Employee Organization sought to be
decertified as a representative of that unit.
c. An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in the
appropriate unit, and any other relevant and material facts relating
thereto.
d. Proof of employee support that at least thirty (30%) percent of the
employees in the established appropriate unit no longer desire to be
represented by the incumbent Exclusively Recognized Employee
Organization.
(1). Such proof shall be submitted for confirmation to the City Manager or to a
mutually agreed upon disinterested third party within 10 days of the filing of the
decertification petition.
4. An employee organization may, in satisfaction of the Decertification
Petition requirements hereunder, file a Petition under this Section in the
form of a Recognition Petition that evidences proof of employee support
of at least thirty percent (30%), that includes the allegation and
information required under paragraph 2 (d) of this Subdivision, and
otherwise conforms to the requirements of Section 3, Subdivision 1.
.
a. The City Manager shall initially determine whether the Petition has
been filed in compliance with the applicable provisions of this
Section.
(1) If his/her determination is in the negative, he/she shall offer to
consult thereon with the representative(s) of such petitioning
employees or employee organization and, if such determination
thereafter remains unchanged, shall return such Petition to the
employees or employee organization with a statement of the
reasons therefore in writing. The petitioning employees or
employee organization may appeal such determination in
accordance with Section 3 Subdivision 10. The petitioning
employees or employee organization may also submit a
modified petition that addresses the concerns within 10 days. If
the original petition is timely filed in an open period, the modified
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petition does not have to be filed in the open period. (PERB Dec.
No. 2163) (2011).
(2) If the determination of the City Manager is in the affirmative, or
if his/her negative determination is reversed on appeal, he/she
shall give written notice of such Decertification or Recognition
Petition to the incumbent Exclusively Recognized Employee
Organization and to unit employees.
b. The City Manager shall thereupon arrange for a secret ballot election
to be held on or about fifteen (15) days after such notice to determine
the wishes of unit employees as to the question of decertification
and, if a Recognition Petition was duly filed hereunder, the question
of representation. Such election shall be conducted in conformance
with Section 3 Subdivision 5. If a numerical majority of all valid votes
cast in a decertification election are in favor of decertifying the
Exclusively Recognized Employee Organization, that Exclusively
Recognized Employee Organization will no longer represent
employees.
c. During the "open period" specified in the first paragraph of this
Subdivision, the City Manager may on his/her own motion, when
he/she has reason to believe that a majority of unit employees no
longer wish to be represented by the incumbent Exclusively
Recognized Employee Organization, give notice to that organization
and all unit employees that he/she will arrange for an election to
determine that issue.
(1) In such event any other employee organization may within
fifteen (15) days of such notice file a Recognition Petition in
accordance with this Section, the City Manager shall act on it in
accordance with the requirements of Section 3 of this Article.
5. If, pursuant to this Subdivision, a different employee organization is
formally acknowledged as the Exclusively Recognized Employee
Organization, such organization shall be bound by all the terms and
conditions of any Memorandum of Understanding then in effect for its
remaining term.
Subdivision 7. Policy and Standards for Determination of Appropriate
Units
1. The policy objectives in determining the appropriateness of units shall be
the effect of a proposed unit on the efficient operations of the City, the unit's
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compatibility with the primary responsibility of the City and its employees to
effectively and economically serve the public, and the effective representation of
employees based on recognized community of interest considerations.
a. These policy objectives require that the appropriate unit shall be the
broadest feasible grouping of positions that share an identifiable
community of interest. Factors to be considered shall be:
(1) Similarity of the general kinds of work performed, types of
qualifications required, and the general working conditions.
(2) History of representation in the City and similar employment;
except however, that no unit shall be deemed to be an
appropriate unit solely on the basis of the extent to which
employees in the proposed unit have organized.
(3) Consistency with the organizational patterns of the City.
(4) Effect of differing legally mandated impasse resolution
procedures.
(5) Number of employees and classifications, and the effect on the
administration of employer-employee relations created by the
fragmentation of classifications and proliferation of units.
(6) Effect on the classification structure and impact on the stability
of the employer-employee relationship of dividing a single or
related classifications among two or more units.
b. The City Manager shall, after notice to and consultation with affected
employee organizations, allocate new classifications or positions,
delete eliminated classifications or positions, and retain, reallocate
or delete modified classifications or positions from units in
accordance with the provisions of this Section. The decision of the
City Manager shall be final.
Subdivision 8. Procedure for Modification of Established Appropriate
Units
1. Requests by employee organizations for modifications of established
appropriate units may be considered by the City Manager only during the
“open period” specified in Section 3 Subdivision 6. Such requests shall
be submitted in the form of a Recognition Petition and, in addition to the
requirements set forth in Section 3 Subdivision 1, shall contain a complete
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statement of all relevant facts and citations in support of the proposed
modified unit in terms of the policies and standards set forth in Section 3
Subdivision 7 hereof.
The City Manager shall process such petitions as other Recognition Petitions
under Section 3 Subdivision 1. Such petitions will be processed under the Section
3 requirements and shall require a numerical majority of all valid votes cast in two
categories to be in favor of the modification for the modification to be authorized.
The two categories, each of which requires a numerical majority of the valid votes
cast in each category, are: (1) employees who are currently in the unit; and (2)
employees who are in the positions for which the modification is sought.
2. The City Manager may by his/her own motion propose that an established
unit be modified.
a. The City Manager shall give written notice of the proposed
modification(s) to any affected employee organization and shall hold
a meeting concerning the proposed modification(s), at which time all
affected employee organizations shall be heard.
b. Thereafter the City Manager shall determine the composition of the
appropriate unit or units in accordance with Section 3 Subdivision 7
and shall give written notice of such determination to the affected
employee organizations.
c. The City Manager's determination may be appealed as provided in
Section 3 Subdivision 10.
d. If a unit is modified pursuant to the motion of the Human
Resources Manager hereunder, employee organizations may thereafter file
Recognition Petitions seeking to become the Exclusively Recognized Employee
Organization for such new appropriate unit or units pursuant to Section 3
Subdivision 1.
Subdivision 9. Procedure for Processing Severance Requests
1. An employee organization may file a request to become the recognized
employee organization of a unit alleged to be appropriate that consists of a group
of employees who are already a part of a larger established unit represented by
another recognized employee organization. a. The timing, form and
processing of such request shall be as specified in Section 3 Subdivision 8 for
modification requests.
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Subdivision 10. Appeals
1. An employee organization aggrieved by an appropriate unit determination
of the City Manager; or an employee organization aggrieved by a
determination of the City Manager that a Recognition Petition (Section 3
Subdivision 1), Challenging Petition (Section 3
Subdivision 3), Decertification Petition (Section 3 Subdivision 6), Unit Modification
Petition (Section 3 Subdivision 8) or employees aggrieved by a determination of
the City Manager that a Decertification Petition (Section 3 Subdivision 6) has not
been filed in compliance with the applicable provisions of this Section, may, within
ten (10) days of notice of the City Manager’s final decision, request to submit the
matter to mediation by the California State Mediation and Conciliation Service, or
may, in lieu thereof or thereafter, appeal such determination to the City Council
within fifteen (15) days of notice of the City Manager’s determination or the
termination of mediation proceedings, whichever is later.
a. Appeals to the City Council shall be filed in writing with the City Clerk,
and a copy thereof served on the City Manager and the City Human
Resources Manager.
2. The City Council shall commence to consider the matter within thirty (30)
days of the filing of the appeal.
a. The City Council may, in its discretion, refer the matter to a third party
to hear. The third party will provide the City Council with a written,
advisory decision for City Council consideration.
3. Any decision of the City Council on the use of such procedure and/or any
decision of the City Council determining the substance of the dispute shall
be final and binding.
Section 4. Administration
Subdivision 1. Submission of Current Information by Recognized
Employee Organizations All changes in the information filed with the City by an
Exclusively Recognized Employee Organization under items 1. through 12. of its
Recognition Petition under Section 3 Subdivision 1 of this Policy shall be submitted
in writing to the City Manager within fourteen (14) days of such change.
Subdivision 2. Employee Organization Activities -- Use of City Resources
Access to City work locations and the use of City working time, facilities, equipment
and other resources by employee organizations and those representing them shall
be authorized only to the extent provided for in Memoranda of Understanding
and/or administrative procedures, shall be limited to lawful activities consistent with
the provisions of this Policy that pertain directly to the employer-employee
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relationship, shall not include such internal employee organization business as
soliciting membership, campaigning for office, and organization meetings and
elections, and shall not interfere with the efficiency, safety and security of City
operations.
Subdivision 3. Administrative Rules and Procedures The City Manager is
hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Policy after consultation with
affected employee organizations.
Section 5. Impasse Procedures
1. The parties will meet and confer in good faith and try to reach an agreed-
upon MOU at least 4 months before the MOU expires (before March 1 of
the year in which the MOU expires if the MOU expires June 30). If the
meet and confer process has reached impasse, as defined in these
personnel rules, either party may initiate the impasse procedures by filing
with the other party a written request for an impasse meeting, together
with a statement of its position on all issues.
2. An impasse meeting shall then be scheduled promptly by the City
Manager.
a. The purpose of such meeting shall be:
(1) To review the position of the parties in a final effort to reach
agreement on a Memorandum of Understanding; and
(2) If the impasse is not resolved, to discuss arrangements for the
utilization of the impasse procedures provided herein.
3. Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation.
(1) All mediation proceedings shall be private.
(2) The mediator shall make no public recommendation, nor take
any public position at any time concerning the issues.
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(3) The costs of mediation shall be divided half to the City and half
to the Exclusively Recognized Employee Organization.
(Government Code section 3505.2).
b. If the parties fail to agree to submit the dispute to mediation or fail to
agree on the selection of a mediator, or fail to resolve the dispute
through mediation within 30 days after the mediator is appointed,
either party may submit the impasse to fact-finding. For subjects
governed by these rules, these rules prevail over PERB regulations
under Government Code section 3509(a), unless applicable law
provides a contrary result. To the full extent allowed by applicable
law, the City under the rules may initiate fact-finding unless
applicable law determines that City-initiated fact-finding is unlawful
under such a rule as this.
c. The parties may agree on the appointment of one or more
factfinders.
d. If they fail to so agree on one or more fact-finders, a fact-finding panel
of three (3) shall be appointed under the process provided in the
MMBA: One member of the panel shall be appointed by the City
Manager, one member shall be appointed by the Exclusively
Recognized Employee Organization, and the third shall be selected
under the MMBA process. If the third cannot be mutually agreed
upon from the PERB list, the parties will alternatively strike names
with the last name becoming the third fact finder.
e. Fact-Finding Process
(1) The fact-finding panel will oversee presentations to ensure
efficient sharing of information. The fact-finding panel will
encourage prepared summaries and budget spreadsheets.
Exhibits are to be exchanged with the other party and provided
to the 3 fact-finding panel members at least three days before
the hearing begins.
(2) The fact-finding panel will allow tape recording to maintain a
record of the fact-finding hearing unless the parties agree to a
court reporter with that cost to be equally divided between the
City and the Exclusively Recognized Employee Organization.
(3) Closing arguments will be verbal. No written briefs can be
submitted after the hearing is closed.
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(4) The fact-finding panel will hear evidence on an issue-by-issue
basis and make findings and recommendations on an issue by-
issue basis.
f. The following constitute the jurisdictional and procedural requirements for fact-
finding:
(1) The fact-finders shall consider and be guided by applicable
federal, state and local laws.
(2) The fact-finders shall determine and apply the criteria in
Government Code section 3504.5 in arriving at their findings and
recommendations on each issue separately:
(a) As relevant to the issues in dispute, the fact-finders’
consideration of overall compensation and consideration of
wage comparisons shall compare the total compensation,
hours and conditions of employment of the employees
involved in the fact-finding proceeding with the total
compensation, hours and conditions of employment of
other employees performing similar services in comparable
public and private agencies in the same and comparable
communities. "Total compensation" shall mean all wage
compensation, including but not limited to premium,
incentive, minimum, standby, out-of-class and deferred
pay; all paid leave time (including but not limited to PTO and
holidays); all allowances, including but not limited to
educational and uniform benefits; and employer payments
for all health, welfare and pension benefits.
(b) The fact-finders shall then adjust the results of the above
comparisons based on the other criteria in Government
Code section 3505.4.
(c) The fact-finder(s) shall then determine preliminary
recommendations based on the comparisons as adjusted
above which, however, shall be reduced as appropriate
based on the financial ability of the City to implement them.
In assessing the City’s financial resources and ability, the
fact-finder(s) shall be bound by the following:
(1) other legislatively determined and projected demands on agency resources,
i.e., budgetary priorities as established by the governing body; (2) allowance for
equitable compensation increases for other employees and employee groups for
the corresponding fiscal period(s); (3) revenue projections not to exceed currently
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authorized tax and fee rates for the relevant fiscal year(s); (4) assurance of
sufficient and sound budgetary reserves; and (5) constitutional, and statutory
limitations on the level and use of revenues and expenditures.
(d) The fact-finders shall make written findings of fact, and advisory
recommendations for the resolution of the issues in dispute, which shall be
presented in terms of the criteria, adjustments, and limitations specified above.
The written findings of fact and advisory recommendations are due within 30 days
of the date the impasse is initially submitted to fact-finding, unless the parties agree
in writing to a further extension of time. The fact-finding report is to be issued no
later than 20 days before the MOU expires (June 10 of the year in which the MOU
expires on June 30). Any member of a fact-finding panel shall be accorded the
right to file dissenting written findings of fact and recommendations. The fact-finder
or chairperson of the fact-finding panel shall serve such findings and
recommendations on the City Manager and the designated representative of the
Exclusively Recognized Employee Organization. If these parties have not
resolved the impasse within ten (10) days after service of the findings and
recommendations upon them, the factfinder or the chairperson of the fact-finding
panel shall make them public by submitting them to the City Clerk for consideration
by the City Council in connection with the City Council's legislative consideration
of the impasse at a public hearing.
4. If the parties did not agree on mediation or the selection of a mediator
and did not agree on fact-finding, or having so agreed, the impasse has
not been resolved, the City Council may take such action regarding the
impasse as it in its discretion it deems appropriate as in the public
interest. Any legislative action by the City Council on the impasse shall
be final and binding to the extent the law so provides.
5. The cost and expenses for the services of a mediator and fact-finder or
chairperson of a fact-finding panel utilized by the parties, and other
mutually incurred costs of mediation and fact-finding, shall be borne
equally by the City and Exclusively Recognized Employee Organization.
a. The cost for a fact-finding panel member selected by each party, and other
separately incurred costs, shall be borne by such party.
Section 6. Construction
1. This Policy shall be administered and construed as follows:
a. Nothing in this Policy shall be construed to deny to any person,
employee, organization, the City, or any authorized officer, body or
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other representative of the City, the rights, powers and authority
granted by federal or state law.
b. This Policy shall be interpreted so as to carry out its purpose as set
forth in Section 1 and so as to comply with applicable law and binding
legal interpretations.
c. Nothing in this Policy shall be construed as making the provisions of
California Labor Code Section 923 applicable to City employees or
employee organizations, or of giving employees or employee
organizations the right to participate in, support, cooperate or
encourage, directly or indirectly, any strike, sickout or other total or
partial stoppage or slowdown of work. In consideration of and as a
condition of initial and continued employment by the City, employees
recognize that any such actions by them are in violation of their
conditions of employment except as expressly otherwise provided by
legally preemptive state or contrary local law. In the event
employees engage in such actions, they shall subject themselves to
discipline up to and including termination, and may be replaced, to
the extent such actions are not prohibited by preemptive law; and
employee organizations may thereby forfeit rights accorded them
under City law or contract.
2. If any provision of this Policy, or the application of such provision to any
persons or circumstances, shall be held invalid, the remainder of this
Policy, or the application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not be affected
thereby.
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Article 23. ANTI-BULLYING POLICY
ARTICLE 23. ANTI-BULLYING POLICY
Section 1. Policy Coverage
The City of Saratoga considers workplace bullying unacceptable and will not
tolerate behavior that the City determines to be bullying. It is the policy of the City
of Saratoga that all employees should be able to work in an environment free of
bullying that violates this policy.
This policy applies to all employees of the City of Saratoga. It applies during normal
working hours, at work related or sponsored functions, and while traveling on work
related business.
Any employee who feels he or she has been victimized by bullying is encouraged
to report the matter to his or her supervisor or Human Resources.
This policy does not preclude any speech, behavior, or postings protected by free
speech rights or other Constitutional or legal protections.
Section 2. Definition
Workplace bullying is unwelcome or unreasonable behavior of individuals (or a
group) directed towards an employee (or group of employees), which are intended
to intimidate, degrade, humiliate, undermine, or which create a risk to the health
or safety of the employee(s). Bullying behavior is often persistent and part of a
pattern, but it can also occur as a single incident. It is usually carried out by an
individual but can also be an aspect of group behavior.
Workplace bullying may involve an abuse or misuse of power or involve employees
bullying their peers, rather than a supervisor bullying an employee.
Tough or demanding bosses are not bullies as long as they are directing work to
obtain the best performance by setting high yet reasonable expectations.
Some examples of bullying behavior may include:
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Making false statements which are malicious.
Blame without factual justification.
Exclusion or isolating people from normal work interaction.
Behavior or communication that humiliates or demeans an employee.
Physical intimidation or aggressive behavior.
Using patronizing titles or nicknames.
Unwelcome, persistent teasing.
Setting impossible deadlines.
Spreading gossip, rumors and innuendo of a malicious nature.
Article 23. ANTI-BULLYING POLICY
Context is important in understanding bullying.
Section 3. Responsibilities
I. Directors, managers, and supervisors
Ensure that all employees are aware of the anti-bullying policy and procedures
Ensure that any incident of bullying is dealt with regardless of whether a
complaint of bullying has been received
Provide leadership and role-modeling in appropriate professional behavior
Respond promptly, sensitively and confidentially to all situations where bullying
behavior is observed or alleged to have occurred
II. Employees
Be familiar with and behave according to this policy
If you are a witness to bullying, report incidents to your supervisor or
Human Resources
Where appropriate, speak to the alleged bully(ies) to object to the behavior
Section 4. Corrective Action and/or Disciplinary Measures
Where appropriate, an investigation will be undertaken and appropriate corrective
action and/or disciplinary measures will be taken as necessary in accordance with
Article 21. Discipline Policy.
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