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HomeMy WebLinkAboutResolution - 2223 RESOLUTION NO. 2223 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, RELATING TO SALARY RANGES AND BENEFITS FOR EXECUTIVES, SUPERVISORS, MIDDLE MANAGERS AND CONFIDENTIAL EMPLOYEES WHEREAS, in the organizational structure of the City of San Jacinto involving the chain of responsibility and authority, it is desirable to establish and define the limits of the personnel defined as department heads, division heads, first line supervision, and confidential employees; and WHEREAS, it is agreeable and desirable to define the responsibilities and benefits to be derived by such personnel; and WHEREAS, it is the intent of this resolution to set forth and clarify practices and procedures with regard to the groups, and nothing contained herein shall be deemed to supersede the City' s Merit Personnel System, including personnel ordinances and resolutions, unless otherwise specifically addressed herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Jacinto affirms that : SECTION I - The following employees are covered under this resolution and is in accordance with the Fair Labor Standards Act : CLASS A - Executive City Manager Chief of Police Director of Finance Fire Chief Director of Community Development Public Works Director CLASS B - Middle Managers Assistant to the City Manager Police Commander Police Lieutenant Water Field Supt . Public Works Supt . Senior Planner CLASS C - Supervisor Police Sergeant Information Planner Economic Development Assistant Resolution No. Page Two The following positions are designated as confidential positions and are subject to the herein: CLASS D - Confidential Employee Administrative Secretary I Administrative Secretary II Deputy City Clerk Executive Secretary to the City Manager SECTION II - The purpose of a Management Team is established is as follows : 1 . To recognize the character of the management positions and incumbents as distinct from the classified employees . 2 . To promote further identification of a Management group and understanding of associated roles and responsibilities . 3 . To promote commitment by management personnel to goals and objectives to the City Council as directed by the City Manager. 4 . To establish a system of compensation for management personnel with competitive salary levels . 5 . To give recognition to the impact of the employee on the job and recognize specific performance levels . 6 . To create performance orientation for management personnel and encourage their contribution towards the goals . 7 . To offer the highest possible caliber of public servants . SECTION III - Participative Management Team Concept 1 . Responsibility to participate in the on-going decision- making process . 2 . A responsibility to promote a cohesive approach to the performance of departmental duties and resolution of City problems by Management Team participation. 3 . Opportunity to expand personal horizons in a climate of innovation. 4 . Opportunity to serve on City-wide Task Forces as approach to City problem-solving. 5 . Management and confidential personnel shall not represent employee bargaining units in employer-employee discussions . Resolution No. Page Three 6 . Management personnel are expected to devote as much time as is necessary to perform their particular duties regardless of emergencies, work stoppages or the normal work demands of the city. SECTION IV - Confidential Employees A. Policy Statement The purpose of classifying employees as "confidential" separate and distinct from other employee units is to assure that the City of San Jacinto should not be required to deal with employees concerning labor relations matters when employees have access to confidential labor relations information of the City` s position prior to contract negotiations . Confidential information concerning contract negotiations is deemed by the City to be of such nature that there should be no disclosure to any third parties except by judicial process . B . Definition Confidential information is any information designated by the City Manager or his/her designee to be of such sensitive nature that disclosure of which would adversely affect the interests of the City. C. Prohibited Conduct 1 . Any dissemination by any confidential employee to any unauthorized third party is prohibited unless expressly authorized by the City Manager or his/her designee. 2 . This prohibition applies to not only the employees involved in the formulation of the confidential information, but those employees who have clerical responsibilities ancillary thereto. 3 . Dissemination is prohibited to parties within and outside of City employment . D. Violation of Policy Any confidential employee who disseminates confidential information in violation of this Resolution shall be subject to severe disciplinary action, up to and including termination of their services . Resolution No. Page Four SECTION V - Performance Evaluation Criteria and Process A. PERFORMANCE EVALUATIONS WILL BE CONDUCTED ANNUALLY. COMPETENT AND MERIT ZONES 1 . Overall contributions of the management employee in solving problems, satisfying needs and desires of the community in service areas for which the department is responsible . 2 . Degree to which basic management functions such as planning, organizing, coordinating, budgeting and supervising departmental activities are performed in an efficient manner. 3 . Extent of cooperation and efficiency shown with public and City staff . 4 . Extent to which agreed-upon departmental goals and objectives are achieved. 5 . Quality and professionalism of staff under departmental direction and the state of employee morale within the department . 6 . Number and impact of procedure and techniques initiated for cost-saving and/or efficiency purposes . 7 . Efforts on the part of the employee to build and strengthen the City Management Team. 8 . Initiative demonstrated by addressing department problems and fulfilling assigned responsibilities . SECTION VI - Philosophy of Compensation The City of San Jacinto recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services . It further recognizes that compensation and conditions of employment must be sufficiently attractive to draw and retain qualified employees . Therefore, the City will compensate its management employees with wages and benefits commensurate with performance of the management employee . The philosophy is based in part upon socio-economic level of the community and those standards, values and characteristics as reflected to the City Council by the community. Resolution No. Page Five SECTION VII - Establishment and Use of Salary Ranges and Performance Zones A. SALARY RANGES 1 . Each job classification in the management and confidential series shall have a defined salary range as defined in "Appendix A" , effective the 2nd day of July, 1992 , and thereafter, as approved by the City Council in the annual operating budget . 2 . Management and confidential classifications shall have a 20 percent salary range starting from the "average" entry level in the labor market . 3 . Management and confidential classification ranges shall have five (5) steps consisting of five percent (5%) increments, unless otherwise specified. B . STEP INCREASES 1 . Annually on each employee' s anniversary date, the employee will become eligible for a step increase . The first step shall be held for six months at which time the employee shall become eligible for an increase . Thereafter, all future steps shall be eligible after 12 months of service, with a satisfactory evaluation, at the previous step unless advanced by the City Manager for above-average service after six months to the next higher step. 2 . The City Manager shall have the authority to advance an individual , within a range, a maximum of five percent (5%) for merit and/or above-average purposes . 3 . Salary at appointment shall be made at the first step of the salary range for the particular class in which the appointment is made. The City Manager shall have the authority to appoint at a higher step if recruitment circumstances warrant . 4 . Advancement within a salary range shall be authorized only after the affirmative recommendation of the City Manager. Such recommendation shall be based only on satisfactory job performance. S . All performance evaluations performed pursuant to this section shall be confidential . Resolution No. Page Six SECTION VIII - Other Management Compensation Practices LEAVES A. MANAGEMENT LEAVE 1 . Management employees, in recognition of management status, are authorized to receive, compensated time off as follows : Class A - 9 work days/shifts per year Class B - 8 work days/shifts per year Class C - 7 work days/shifts per year This is in addition to their regular vacations . Leave requests are subject to approval of the Department head and/or City Manager. The management leave days shall be accrued in total at the beginning of each fiscal year and must be taken within said fiscal year. If not taken during the fiscal year, the employee shall lose the days/shifts not taken. 2 . Management personnel may be authorized additional management leave depending upon individual performance, department workload, special problems or long periods of emergency work, provided approval is obtained from the City Manager . B . SICK LEAVE 1 . Accrual of Sick Leave Every employee shall accrue sick leave at the rate of 8 hours per month beginning with the first day of employment . Employees hired between the first and fifteenth day of the month shall be credited with 8 hours of sick leave for the month of hire . Employees hired between the sixteenth and the last day of the month shall accrue four hours of sick leave for the month. Sick leave may accrue up to a maximum of 960 hours for each employee . 2 . Charge for Sick Leave If an employee performs his/her duties for part of a working day, he/she shall be credited with those hours worked and charged sick leave only for those hours not worked by reason of illness or injury. Resolution No. Page Seven 3 . Proof of Illness The City Manager, or Department Head may request a certificate issued by a licensed physician or other satisfactory proof of illness before sick leave is granted. Violation of sick leave privileges may result in disciplinary action and/or loss of pay when, in the opinion of the City Manager, or Department Head, the employee has abused such privileges . If the sick leave request equals five or more working days, the City Manager, or Department Head may also designate the licensed physician to conduct a physical examination and such examination shall be conducted at City expense . 4 . Illness or Injury While on Vacation Sick leave shall be granted to all employees who become ill or injured while on authorized vacation leave, provided such illness would otherwise warrant use of sick leave and, provided further, that an attending physician' s statement is furnished which states that the employee was incapacitated to a degree which would prohibit his/her performance of his/her normal duties . S . Illness or Injury While on Normal Time Off Sick leave shall not be granted to employees who become ill or injured while absent from duty during normal days off or holidays . Should the injury or illness extend beyond such authorized time off duty, sick leave may be authorized in accordance with the conditions of this section. 6 . Maternity Leave Sick leave may be used during such time an employee is on maternity leave authorized pursuant to the City' s Personnel Rules . 7 . Extension of Sick Leave After an employee' s sick leave has been exhausted, he/she may be granted permission by the City Manager to take any earned vacation he/she may have accrued. 8 . Sick Leave Buy Back To qualify, a unit member must have 200 hours of accumulated sick leave on the record as of January 1, of each calendar year. Once qualified, a member may sell up to 96 hours of sick leave back to the City on December 15, of each year. The 200 hour balance will be maintained as of the December date . C. OVERTIME 1 . Classes A, B and C, management personnel as indicated, except as provided in subsection below, do not receive overtime pay. Resolution No. Page Eight 2 . Police Lieutenants and Sergeants required to fill a regularly scheduled shift other than their own shall receive overtime at time and one-half pay rate . Sergeants on a 3/12 work schedule shall be entitled to overtime, for those hours in excess of 80 hours per 14 day work cycle . Compensatory time off shall be provided to Police Lieutenants and Sergeants as follows : The City presently provides each affected employee with the option of receiving earned overtime in cash payments distributed following each appropriate fourteen (14) day work period or, at the employee' s discretion, the option of designating each overtime hour worked, multiplied by a factor of 1 . 5, to be credited to a compensatory time off account, in a maximum amount of forty (40) hours as determined after multiplication of hours by the 1 . 5 factor. Said account and maximum accrual limitation remains in full force and effect but shall represent overtime resulting from non-training work activities by effected employees . In addition to the above compensatory time off account, there shall be created a second, separate and distinct compensatory time off account that shall likewise have a maximum accrual of forty (40) hours and which shall be funded by the same arithmetic formula as described above. However, this second and distinct compensatory time off account shall be funded only by overtime work hours that result from the effect of employee participation in Department mandated training courses . Such training courses include, but are not limited to, range qualification, defensive tactics training, and baton training. Additionally, neither of the above two (2) compensatory time off accounts shall be convertible to cash except at the time of the employee' s separation from employment with the City. Absent any said separation, the accruals shall be distributed only as time off . Either of the compensatory time off accounts described herein may be carried over from year to year (with no greater than forty (40) hours accumulated in each account) at the employee' s option. Resolution No. Page Nine 3 . Class D employees will receive overtime compensation at the rate of time and one-half . Class D employees are authorized, in accordance with the Fair Labor Standards Amendments of 1985 , to accumulate not more than (40) hours of compensatory time in lieu of overtime compensation. Such compensatory time shall be earned at the rate of one and one-half hours for each hour of work. a. In accordance with the aforementioned Fair Labor Standards Amendments of 1985, an employee who has requested the use of earned compensatory time shall be permitted to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the department . b . An employee at any time may request and receive compensation for any compensatory time earned. Such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such compensation. D . VACATIONS Management and Confidential employees shall accumulate vacation leave in accordance with the matrix of benefits, i . e . Appendix "B" . 1 . Vacation Carryover Vacation accumulation shall be limited to that amount accrued by an employee for a twenty-four (24) month period of employment . Any additional accumulated vacation shall be granted at the discretion of the City Manager. After an accrual of maximum hours of vacation time, accrual will cease . Normal accrual of vacation time will resume whenever the total accrual drops below the maximum accrual hours . 2 . Scheduling Vacation The times which an employee may take his annual vacation leave shall be determined by mutual agreement of employee and his/her department head, where possible . 3 . Department Head vacations shall be approved by the City Manager, so far as such are compatible with the needs of the service. An employee may not schedule more than three weeks vacation at any one time unless he/she receives prior approval from the City Manager. Resolution No. Page Ten 4 . Holidays During Vacation leave In the event that one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave, and the leave shall be extended accordingly. 5 . Effect of Vacation Accrual with Leave of Absence The granting of any leave of absence without pay exceeding fifteen (15) consecutive days shall cause the employee' s annual vacation accumulation to stop during the calendar year, for each month or major portion of a month that the employee is on leave of absence without pay or until such time the employee returns to work. 6 . Pay for Accumulated Vacation An employee who leaves the employment of the City shall be granted all accumulated vacation or shall be paid at his/her rate of compensation applicable at the time of separation. The following method shall be used to calculate final months vacation accumulation: If an employee terminates on a day falling on the first through the fifteenth of a month, the employee shall receive credit for one-half the month' s vacation accrual; if an employee terminates on a day falling on the sixteenth through the thirty-first day of a month, the employee shall receive full credit for the vacation accrual for the month. 7 . Vacation Pay Upon Death When separation of employment is caused by the death of an employee, payment shall be made to the estate of such employee or, in applicable cases, as provided by the probate code of the State . 8 . Vacation Buy Back can be requested by Class A/B employees a maximum of 80 hours and Class C/D employees a maximum of 40 hours unused vacation per fiscal year. Buy back can be requested at any time during the fiscal year and must be approved by the City Manager. Buy back shall be at the current rate of pay. E . JURY DUTY Any employee who is called or required to serve as a trial juror shall be entitled to a leave of absence during the period of such service or while necessarily being present in court as a result of such call . Under such circumstances, the employee shall be paid the difference between his full salary and any payment received by him/her except travel pay, for such duty. Resolution No . Page Eleven F. LEAVE OF ABSENCE WITHOUT PAY 1 . General Policy Any employee may be granted a leave of absence without pay upon the approval of the City Council pursuant to the recommendation of the City Manager except that in case of a leave of absence without pay of sixty (60) consecutive calendar days or less, the approval of the City Council shall not be required. A leave without pay may be granted for any of the following reasons : Illness or disability Pregnancy To take a course of study which will increase the employee' s usefulness on return to his/her position in the City service . For personal reasons acceptable to the City Council and/or City Manager. In all cases involving requests applicable to Federal and State Family Medical/ Acts, leave shall be granted in accordance with such provisions . Except as changed herein pursuant to provisions of such acts allowing modification. 2 . Leave Without Pay An employee shall utilize all of his/her vacation and/or compensatory time off prior to taking an authorized leave of absence without pay. A prorate reduction of normal annual vacation and sick leave accruals shall be applicable to approved absence without pay. Whenever the absence is less than one month, the prorated reduction shall be rounded to the nearest hour. An absence of fifteen days or more without pay constitutes a break of continuous service with the City. An employee on leave of absence does not have any of the privileges granted regular full-time employees . Resolution No. Page Twelve G. BEREAVEMENT LEAVE Whenever any employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of members of the employee' s immediate family (father, mother, legal guardian, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather or grandchildren) , such person shall be entitled to a leave of absence with pay for up to three working days . The employee shall furnish satisfactory evidence of such death or critical illness to his/her department head or City Manager. Sick leave shall be allowed in any case where in the preceding six (6) calendar months a leave on the grounds of the critical illness of that same relative has been granted. Leave of absence shall not be allowed. Such Bereavement Leave may be increased up to a total of five (5) days in the event of the death of a member of the immediate family, when such services for the deceased person is located more than 500 vehicular miles from the City of San Jacinto and the unit member actually travels to attend such services . Should leave be requested for death of a non-married partner, the City Manager may request a certification from the unit member as proof of said relationship. H. FAMILY SICK LEAVE Employees may use up to three (3) days of family sick leave for immediate family members per fiscal year. Family sick leave may be used when a members of the employee' s immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father- in-law, grandmother, grandfather or grandchildren and may include the unmarried partner maintaining a marital-type relationship with the employee, provided said partner resides with the employee) , requires the immediate attention of the employee . Employees may be required to provide satisfactory proof showing the nature and extent of the illness or injury to justify the absence. Family sick leave is in addition to sick leave . Resolution No. Page Thirteen I . TEMPORARY DISABILITY LEAVE 1 . Upon submission of an appropriate certificate from a licensed physician, an employee may be granted temporary disability leave . The employee utilizing temporary disability leave may utilize all sick leave accredited to him/her and upon the expiration of sick leave may utilize any accredited annual vacation leave . When both sick leave and annual vacation leave credits are exhausted, the remainder of the absence required will be on the basis of leave without pay. If leave without pay is utilized, no accruals of leave or benefits will be credited to the employee . The leave without pay will constitute a break in continuous service with the City. 2 . Pregnancy Leave Whenever the Temporary Disability Leave is due to a pregnancy of a female employee, the employee shall produce a certificate of a licensed physician which shall advise the City as to the health and welfare of the employee in relationship to the physical and emotional demands of the position and duties which she is performing for the City and shall state that the employee should not continue her work assignments until released by the physician. This release certification shall insure that the employee is physically and mentally capable of returning to normal work assignments of the position which she departed. Temporary disability leave because of pregnancy shall not extend beyond a maximum period of six (6) months unless the licensed physician requests an additional period of absence which may or may not be granted by the City Manager. It shall be the obligation of the employee to notify the Department Head/City Manager as early as possible of any knowledge relating to her pregnancy. Not withstanding the above in no event shall any certification requirement exceed the applicable provisions of State or Federal Family Leave Acts . Resolution No. Page Fourteen J. HOLIDAYS Unit members shall be granted the following holidays : a. New Year' s Day (January 1st) b. President' s Day (3rd Monday in February) C . Memorial Day (last Monday in May) d. Independence Day (July 4th) e . Labor Day (1st Monday in September) f . Columbus Day (2nd Monday in October) g. Veteran' s Day (November 11th) h. Thanksgiving Day (4th Thursday in November) i . Thanksgiving Friday (day following Thanksgiving) j . Christmas Day (December 25th) k. Two floating holidays each fiscal year 1 . 1 Any holiday falling on Saturday shall be observed on the preceding Friday. 1 . 2 Any holiday falling on Sunday shall be observed on the following Monday. 1 . 3 If a holiday occurs on a day which is the employee' s regular day off, he/she shall be entitled to holiday pay in the amount of eight (8) hours at straight time . 1 . 4 If an employee works on a holiday, he/she shall be entitled to holiday pay in the amount of eight (6) hours at straight time in addition to the amount paid for any time actually worked. 1 . 5 At the discretion of the department head, an employee may be given a day off in lieu of pay in the case of 1 . 3 and 1 . 4 . 1 . 6 Each department will adopt rules pertaining to the required number of days notice for use of floating holiday work day/shift . 1 . 7 Any holiday falling on Saturday shall be observed on the preceding Friday. If the preceding Friday is a scheduled day off, then the holiday will still be observed on Friday but affected employees (those who are scheduled to be off from work) will not receive any additional compensation for the holiday. Resolution No Page Fifteen K. MILITARY LEAVE Military leave shall be granted in accordance with the applicable provision of State Law. L. WORK SCHEDULE AND HOURS 1 . Effective April 2 , 1993 , the following employee classifications which are covered under this resolution shall be assigned to work what is commonly described as a 9/80 flexible work schedule: 1) all classifications in CLASS A (Executive) ; 2) all classifications in CLASS B (Middle Managers) ; 3) all classifications in CLASS C (Supervisor) except those Police Sergeants who are scheduled to work a 3/12 work schedule; and 4) all classifications in CLASS D (Confidential Employee) For employees in those classifications covered by the 9/80 flexible work schedule, it shall proceed as described in the following diagram with each five (5) day work week followed by a four (4) day work week . WEEK ONE MON TUE WED THU FRI SAT SUN Hours Worked 9 9 9 9 8 0 0 WEEK TWO MON TUE WED THU FRI SAT SUN Hours Worked 9 9 9 9 0 0 0 2 . Employees in CLASS A, B, and C who are covered by the 9/80 flexible work schedule will continue to be exempt from the overtime provisions of the Fair Labor Standards Act . Employees in Class D who are covered by the 9/80 flexible work schedule will continue to be entitled to receive overtime compensation or compensatory time for working more than 40 hours in a work period. 3 . Employees in CLASS A, B, and C who are covered by the 9/80 flexible work schedule and who are exempt from receiving overtime will continue to work as exempt employees with the flexibility to come and go as the job permits . However, employees in these classifications are expected to perform the functions of their jobs within the "new" 9/80 work schedule . Resolution No Page Sixteen 4 . Employees in CLASS D shall commence their nine (9) hour days at 7 : 30 a .m. be allowed a one (1) hour lunch period and two (2) breaks of fifteen (15) minutes duration to be taken at the work station. The nine (9) hour day for such employees will end at 5 : 30 p.m. The eight hour workday every other Friday shall commence at 8 : 00 a.m. , and end at 5 : 00 p.m. On the Friday workday, such employees in CLASS D are required to use one (1) of their fifteen (15) minutes breaks between the hours of 8 : 00 a.m. and 12 : 00 p.m. 5 . The work period for employees who are covered by the 9/80 flexible work schedule must be a regularly recurring period of 168 hours . The work week under the 9/80 work week will end at 11 : 59 a.m. on Friday and the following work week will commence at 12 : 00 p.m. on Friday. SECTION IX - Other Benefits A. HEALTH INSURANCE 1 . The City will provide fully paid health and medical coverage for employee plus dependents . B. DENTAL INSURANCE 1 . The City will provide fully paid Dental coverage for employees plus dependents . C. DISABILITY INSURANCE The City shall contribute, on behalf of each employee, an amount equal of the premium on the short-term disability plan of the City' s choice . D. LIFE INSURANCE Upon qualification, a group life insurance policy will be provided for each management and confidential employee . (shown on Appendix "B" ) . E. RETIREMENT 1 . As a member of the Public Employees' Retirement System, the City will contribute the normal employer' s full share of PERS retirement . The City' s program shall consist of the two percent (20-. ) at age 60, single highest year, two percent (20) at age 55 for safety employees' highest three years and 1959 Survivor' s Benefits for both classes . Resolution No Page Seventeen 2 . The City will pay, on behalf of the employee, a maximum of seven percent (70) of the employee' s share of the PERS contribution. F . UNIFORM ALLOWANCE The City shall provide uniforms to police personnel required to wear uniforms . Class D employees who may be assigned to temporary dispatch duties shall be eligible for uniform allowance . (See Appendix "B" . ) G. CITY VEHICLES Department heads will be authorized the full-time use of assigned City vehicles . Personal use of the City vehicle will be allowed on a limited basis and will comply with IRS regulations . A vehicle allowance shall be authorized for Department heads in-lieu of a City assigned vehicle at the discretion of the City Manager. Full-time vehicles may be assigned to other non-departmental head management individuals at the discretion of the City Manager. (see attached matrix of benefits, Appendix H. MILEAGE REIMBURSEMENT Should City require an employee to use his/her personal automobile on City business, City shall reimburse the employee the amount allowed by the IRS per mile for such use . City may establish rules and regulations for the use of personal automobiles, including the requirement that the employee maintain liability insurance in such amounts as City may prescribe, and a valid California driver' s license of the appropriate class . Nothing stated herein shall be construed to require that City permits use of a personal automobile for City business . Each use of personal automobiles shall require the approval of the City Manager or Department Head. Resolution No Page Eighteen I . TUITION REIMBURSEMENT 1 . All affected employees are eligible to receive tuition reimbursement . Courses must have begun after appointment and be in excess of the educational standards for the position. An example of this would be job- related college or university courses when the specification for the classification calls for high school graduation. 2 . Employees shall be reimbursed for tuition, registration fees and texts required for the eligible courses . Expenses for parking, travel, lodging, meals, processing fees, transcript fees, materials and any other costs are not reimbursable . 3 . Employees shall be reimbursed up to the dollar amount charged for the same number of units per term by California State University, except that those enrolled in University of California courses shall be reimbursed up to the dollar amount charged for the same number of units by the UC campus attended. 4 . Course work must be related to the employee' s current occupation or to a City classification to which the employee may be eligible for promotion within the employee' s current job series within the next five years . S . Courses must be traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges . Credits given for courses including, but not limited to, life experience, military training, and professional training are not eligible for tuition reimbursement . 6 . Course work should not duplicate training which the employee has already had, which is to be provided in- house, or previously taken courses unless special approval has been granted by the Department Head and the Personnel Department . Resolution No. Page Nineteen 7 . Courses may be approved which are required for the completion of the pre-approved job-related major. An example would be general education or elective requirements for the major as stated in the school catalog. Remedial courses or those taken as required for a non-approved major shall not be eligible . 8 . Classes related to the use of purchased City-approved computer equipment, may be authorized under the tuition reimbursement program if pre-approval is granted before commencement of a non-accredited class . 9 . Course work cannot be taken on City time and it must be certified that all courses submitted for approval are taken on the employee' s off-duty time . 10 . A pre-approval form should be submitted to the Department Head and to personnel before the course work is begun to certify eligibility. 11 . In order to be reviewed, each application must state exactly which units or credits the employee is applying for and whether the courses submitted are core courses or recommended electives for the approved major. 12 . Reimbursement shall be submitted within three (3) months of completion of the approved course with a minimum final grade of licit or its equivalent . A pass in a pass-fail course will be considered equivalent to a licit . No reimbursement shall be made for audited or incomplete courses . 13 . Employees must submit from the attendant institution an original certification of major, fees paid and grade achieved in order to have their application considered for reimbursement . These documents must accompany the reimbursement application form in order to be processed. J. CAFETERIA BENEFIT Employees are provided with a cafeteria benefit amount based upon employee classification. See Appendix "Bit . This benefit may be used by the employee for payment of uncovered City group insurance premiums, tuition reimbursement (See Section IX, Item I) , deferred compensation, health club, or may be cashed once per year in the first pay period in December. Note: The first period covered by this cafeteria plan cash request will commence on July 1, 1994 , and will include only the five month accrual from July 1, to December 1, 1994 . Resolution No. Page Twenty SECTION X - During the term of this Resolution, the City reserves the right to discuss, with employees covered under this Resolution, for the purpose of implementation of Personnel Rules and Regulations, Resolution for recognition of Employee Organizations, Americans with Disabilities Act procedures, Voluntary Time Bank Policy, and other policies which may affect management and confidential employees . During the term of this Resolution, the employees covered by this resolution shall comply with the Drug and Alcohol Free Workplace Policy, Appendix "C" , and the Harassment in Employment Policy, Appendix "D° , and other policies which may affect management and confidential employees . SECTION XI - Term The effective date of this Resolution is July 1, 1994 , and shall continue in force until amended or replaced by a subsequent Resolution of the City Council . SECTION XII Resolution No. 2066 is hereby rescinded upon adoption of Resolution MOVED, PASSED AND ADOPTED THIS 16th day of Aug , 1994 by the following vote : AYES: Councilmembers Leahy, Oaks, Solorio, Williams, Mayor Hafliger NOES : None ABSTAIN: None r ABSENT: None j ay03r- f {i ATTEST: / 1i eputy City Clerk Ap ix A RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 39 2.179 2.290 2.406 2.527 2.655 44 2.2341 22.3471 2.,4661 2.5901 2.7221 41 1 2,2901 2.4061 2.5271 2.655 2.790 42 1 2,3471 2,466 2,590 2.722 2.859 43 1 2.406 2.527 2.655 2.790 2.931 44 1 2.4661 2,590 2.722 2,859 '1004 45 2.527 2,655 2.790 2,931 3.079 46 2,590 2.722 2.869 3.004 3.156 47 2.656 2,790 2,931 3.079 3,235 48 2.722 2.69 3,004 3.156 3,316 49 2,790 2,9311 3.079 3,235 3,399 50 1 2.859 3.0041 3.156 3.316 3.484 51 2,931 3.079 3.235 3.3991 3,571 52 3.004 3.156 3.316 3.484 3.660 53 3,079 3.235 3.399 3.571 3,752 54 3,156 3,316 3,484 3,660 3.846 55 1 3.235 >3.399 3.571 3.752 3,942 5fi 3.31fi '.484 3,660 3.846 4,040 57 3,399 . 3,571 3,752 3,9421 4.141 58 3.464 3.660 3.846 4,040 4,245 59 3.571 3.752 3,942 4,141 4.351 60 3,660 3.846 4,040 4,245 4,460 61 3,752 3,942 4,141 4,351 4,571 62 3,846 4,040 4,245 4,460 4.685 - - 63 3.942 4,141 4.351 4,571 64 4,040 4,245 4,460 4.685 4.923 65 4,141 4,351 4,571 4.803 5,046 66 4,245 4,460 4,685 4,923 5,172 67 4,351 4,571 4,803 5.046 5,301 68 4,460 4,685 4,923 5.172 5.434 69 4.571 4,803 5,046 5.301 5,570 70 4,685 4.923 5,172 5.434 5,709 71 4.803 5.046 5.301 5.570 5.851 72 4.9231 5,172 5.434 5.709 5.998 73 5.046 5.301 5,570 5.851 6.148 74 5,172 5.434 5.709 5,998 6.301 75 5.301 5.570 5.951 6,148 6,459 76 5.434 5.709 5,998 6.301 6,620 77 5.570 5,951 6,148 6.459 6,786 78 51709 5,998 6.301 6,620 6.956 79 1 5,851 6.1481 6,459 6.786 7.129 80 5.998 6,301 o,620 0,95fi 7,308 81 6,148 6.459 6,786 7,129 7,490 82 6.301 6,620 6,956 7,308 7,678 83 6,459 6.786 7,129 7,490 7,870 84 6.620 6,956 7,308 7,678 8.066 85 6,786 7,129 7,490M8;.268 8.268 86 6,956 7,308 7.678 8,475 87 7.129) 7,490 7.870 8.687 88 7.308 7.678 8.066 8.904 wL 89 7.49d 7.87d 8.268 8.687 3.126 Varwgemem G A='d' Appendix A p RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 25 1,4761 1,551 1.630 1 7121 1 799 26 1.5131 1.5901 1.6711 1 7551 1 84AI 27 155111,6301 1.7121 1,7991 1.890 28 1.590 1,6711 1.7551 1,844 1.937 29 1,630 1.7-121 1.890 1.986 30 1.671 1,7551 1,8441 1.937 2.035 31 1,712 1,7991 1,890 1,986 2.086 32 1,755 1,9441 1,937 2.035 2.138 33 1.799 1,8901 1,986 2.086 2.192 34 1,844 1.9371 2.035 2.138 2,247 35 1,890 1.9861 2.086 2.192 2,303 36 1,937 2,035 2,138 2,247 2.360 37 1,986 2,086 2.1921 2.303 2.419 38 1 2,035 2,138 2,2471 2.360 2,480 39 2,086 2.192 2.303 2.4191 2,542 40 2.138 2,247 2,3601 2,4801 2,605 41 2.192 2.303 2.4191 2.542 2.671 42 2,247 2,360 2,480 2.605! 2-737 43 2,303 2,419 2,542 2,671 2.806 44 2.360 2,480 2,605 2,737 2,876 45 2,419 2,542 2.671 2.806 2.948 46 2,480 2.605 2,737 2,876 3,021 47 2,542 2,671 2,8061 2,948 3.097 48 2,605 2,737 2,876 3,021 3,174 49 2,671 2.806 2.948 3,097 3.254 50 2.737 2,876 3,021 3,174 3.335 51 2,806 2.948 3,097 3,254 3.419 52 2.876 3.021 3.174 3,335 3,504 53 2,948 3.097 3.254 3,419 3,592 54 3.021 3.174 3.3351 3.504 3.681 55 3.017 3,254 3.4191 3,592 3,773 56 3.1141 3.335 3.504 3.681 3.868 57 1 11.2 ;41 3.419 3.592 3.7731 3.964 58 3.335 3.504 3,681 3,868 1,064 59 3,419 3.592 3.773 3.964 4.165 60 3.504 3,681 3,868 4.064 4,269 61 3.592 3.773 3,964 4.165 4,376 62 3.681 3.868 4.06-41 4,269 1.485 63 3,773 3.964 4,165 4,376 4.598 64 3,868 4,064 4,269 a,4851 4.713 65 3.964 4,165 4 3761 1 598 4.830 66 4,064 4,269 4,4851 4,713 4,951 67 4,165 4,376 —4:5-9-8—F 4,830 5,075 68 4,269 4,485 477 t 3 4,951 5.202 69 4.376 4.598 4.834 5,075 5.332 70 4,485 4,713 4,9511 5.202 5,465 71 4,598 4,830 5,0751 5,332 5,602 72 4.713 4,951 5.2021 5.465 5.742 73 4.830 5,0751 5,332 5.602 5.885 74 4.951 5.2021 5,4651 5,742 6.032 75 5.075 5.332 5.602 5.885 6.183 'Aamt/Confidendai-Grad}V Cf) cf) ZZ < o F F CD CD (D CD CD (n 0) 0) -n (D< (D< mCD V) 0) m x 00 (D az aC: r- (D m l< CD -n 0 a)63 U)< o n (D 0- l< 7; U) U) U) U) U) r— cn p U) U) Cl) Z)- =F (D 0 0) 0. 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E,s U N m Z c c O X N E > a l o 0 o a o' 0 c Lif u � V) m � v QI � Cn U) O (n --- Cj c � � v U p U. @ C C t!!, Co N C3 0 LU A N p m m m m Q @ C > O U E @ U@3 2- O C @ @ c C > U D Q 11 APPENDIX ,TCa, DRUG-FREE WORKPLACE STATEMENT 1. PURPOSE The Drug-Free Workplace Act of 1988, passed by congress on October 21, 1988, requires all grant recipients to implement a comprehensive substance abuse policy. Under the Workplace Act, to be eligible to obtain a federal grant, an employer must certify to the granting agency that it will provide a drug-free workplace. It is the intent of the City of San Jacinto to maintain a safe, healthful, and productive work environment for all employees. To accomplish this, the City will act to eliminate any drug abuse which increases the potential for accidents, absenteeism, low standard performance, poor employee morale, or damage to the City's reputation. Everyone covered by this statement should be aware that violations of this policy may result in discipline, up to and including termination, a requirement that the employee participate in a drug assistance or rehabilitation program, or in not being hired. Because it is widely recognized that drugs hinder one's ability to perform work safely, productively, and effectively, the following statement is hereby adopted by the City of San Jacinto. 2. STATEMENT The City of San Jacinto prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. 3. ACTIONS THAT WILL BETAKEN AGAINST EMPLOYEES FOR VIOLATION OF THE PROHIBITIONS IN PARAGRAPH 2 ABOVE Within 30 days of conviction, the City shall discipline an employee, up to and including discharge, for the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace. 4. NOTIFICATION OF FUNDING AGENCY IN WRITING,WITHIN TEN CALENDAR DAYS AFTER RECEIVING NOTICE OF CONVICTION BY EMPLOYEE. The City will provide notice, including the position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. 5. CONDITION OF EMPLOYMENT As a condition of employment under this grant, all employees will: a. Abide by the terms of this statement; and b. Notify the City of San Jacinto of any criminal statute conviction for a violation occurring in the workplace no later than five (5) days after the conviction. 6. CONSENT CONSENT: I have carefully and thoroughly read the City of San Jacinto's drug- free workplace statement. I agree to follow that statement. DATE: Employee's Signature Employee's Name (Printed) CITY OF SAN JACINTO DRUG AND ALCOHOL-FREE WORKPLACE POLICY Because drug and alcohol use can detrimentally affect job performance and employee safety, the City is committed to achieving and maintaining and rug and alcohol-free workplace. While the City has no intention of intruding into the private lives of its employees, it will be firm in identifying and disciplining those employees who are in an impaired mental and physical condition, as a result of drug or alcohol use, may endanger the health or safety of fellow employees and the public at large, or interfere with the operations of the City. While on paid time, the employee shall not drink alcoholic beverages or use illegal drugs or controlled substances. The employee shall not work or be at work while under the influence of any of the above mentioned, or in the case of controlled substances, without authorization from a medical doctor and one's supervisor. The unlawful manufacture, distribution, dispensing, possession, or use of any illegal drug, or "controlled substance" is prohibited on the job, in the City's workplace, or while subject to duty (i.e., standby). This policy shall not prohibit the consumption of alcoholic beverages by City employees at City sponsored events where alcohol is served. For the purpose of this Policy, the following shall be defined as follows: 1. "Controlled Substances" denotes any substance which could potentially impair the employee's ability to effectively and safely perform the functions of his or her duties, including, but not limited to: alcohol, coca leaves, cocaine, marijuana, opium and opiates, amphetamines, methamphetamines, lysergic acid (L.S.D), etc. As outlined below, certain prescription drugs and medications shall also be classified as controlled substances. 2. "Conviction" is a finding of guilt (including a plea of no contest), an imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 3. "Criminal drug statute" is a criminal statute involving the manufacture, distribution, dispensation, use, or possession of any illegal drug or controlled substance. The use of prescription drugs which would not alter an employee's work performance is acceptable, if prescribed by a qualified physician. Employees must notify their supervisor before beginning work when taking drugs (prescription or non-prescription) which may interfere with the safe and effective performance of their duties. In the event there is a question regarding an employee's ability to perform assigned duties safety and effectively while using such drugs, clearance from a qualified physician may be required before the employee is allowed to resume his or her regular duties. Toward reaching this goal of a drug and alcohol free workplace, the City may conduct pre-employment drug or alcohol testing of applicants for City positions. Pre-employment drug or alcohol tests shall apply only to non-City employees; City employees who apply for another City position shall not be subject to pre-employee drug or alcohol tests. Any applicant who tests positive shall not be hired by the City. The City also reserves the right to require that an existing employee undergo testing if the City determines that reasonable suspicion exists to believe that the employee is under the influence of any illegal drug or controlled substance, as identified in this Policy. Employees who (1) refuse to submit to a drug or alcohol test immediately when requested by authorized City or law enforcement personnel; (2) refuse to submit to a search of personal properties if requested by law enforcement personnel; or (3) are "convicted" of a "criminal drug statute" violation, shall be subject to the disciplinary procedures which are outlined in this Policy. All City lockers, desks, cabinets, vehicles, computer files, and disks are property of the City and are subject to search without the employee's consent by City management at any time upon notifying the employee of the City's intent. In the event that the employee cannot be contacted after a reasonable attempt, the City will conduct a search without such notification. Refusal to cooperate with a search may result in a disciplinary action, up to and including termination. Unless supervisors are directed otherwise by the Personnel Officer, employees will be given the opportunity to be present when the search is conducted. In appropriate cases, such as a first offense, the City should make every effort to place an employee with an available employee assistance program or service for the purpose of rehabilitation, in lieu of disciplinary action or criminal prosecution. If, in such cases the employee refuses to attend an employee assistance program or service, he or she will be subject to the disciplinary procedures which are outlined in this Policy. CITY OF SAN JACINTO DRUG AND ALCOHOL FREE WORKPLACE POLICY IMPLEMENTATION 1 Purpose: As outlined in the City's "Drug and Alcohol Free Workplace Policy," the City of San Jacinto is committed to maintaining a drug and alcohol free workplace. Toward that end, this Administrative Policy provides guidelines for the detection and deterrence of alcohol and rug use, while attempting to ensure that everyone is treated fairly and with confidentiality. The responsiblities of City management and other employees are also outlined. 2. Detection and Deterrence of Drug and Alcohol Use: Managers and supervisors may request that an employee submit to a drug or alcohol test when "reasonable suspicion" exists to believe that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to duty (i.e., paid stand-by time). For the purposes of this Policy "reasonable suspicion" is a belief based upon objective facts which is sufficient to lead a reasonably prudent person to suspect that an employee us under the influence of drugs or alcohol. While it is recognized that certain medical problems may cause similar symptoms, any combination of two or more of the following (A-H) may constitute "reasonable suspicion"; A. Physical or verbal altercation. B. Wide and severe mood swings. C. An accident involving City property, where it appears that the employee's conduct may be at fault. D. Unsteady walking and movement. E. Blank, glassy-eyed stare. F. Slurred or thick speech. G. Inability to perform work properly. H. Behavior which is unusual for the employee. In addition, any of the following (I-K), alone or in conjunction wiht each other or those symptoms listed above, may constitute probable cause. 1. Possession of drugs or alcohol in the workplace or on City property. J. Alcohol or other suspicious odor (i.e., marijuana) on breath. K. (Direct observation of use or possession. Reasonable suspicion shall, whenever possible, be evaluated based on personal observation by a manager or supervisor who is familiar with the employee's normal behavior, and this person may request that the employee submit immediately to a drug or alcohol test. If no one is available who is familiar with the employee's normal behavior, then at least one other manager or supervisor shall be consulted before a drug or alcohol test is requested. Information which is obtained from a reliable person with personal knowledge of the employee may also be utilized in appropriate circumstances. In the event that an employee suspects that his or her manager or supervisor is under the influence of drugs or alcohol, the employee may submit a written or oral complaint which contains detailed evidence regarding the allegation of substance abuse to his or her Department Head or the Personnel Officer. Such complaints, if made in good faith, may be made without fear or reprisal. If the written or oral complaint establishes reasonable suspicion, the manager or supervisor may be required to submit to a drug or alcohol test. Any reports or complaints which are filed as a result of this Policy and are determined to be malicious, vexatious, or not in good faith, shall not be tolerated. In such cases, the complaining individual shall be subject to disciplinary action. This applies to all managers, supervisors, and other employees who file a report or complaint which relates to drug or alcohol use. 3. Employee Responsibilities: An employee shall: A. Not report to work or be subject to duty (i.e., paid stand-by time) while the employee's ability to perform his or her duties is impaired due to drug or alcohol use. B. Submit immediately to an alcohol or drug test when requested by an authorized City representative, who has reasonable suspicion to suspect drug or alcohol abuse or impairment therefrom. C. Before beginning work, notify his or her supervisor when taking any drug or medication (non-prescription or prescription), which may interfere with the safe and effective performance of duties or operation of City equipment. D. Have the opportunity, within forty-eight (48) hours of request by an authorized City representative, to provide verification of a current prescription for any potentially impairing drug or medication which is identified in a drug test, as outlined in this Policy. The prescription must be in the employee's name. 4. Management Responsibilities: Managers and Supervisors shall: A. Be responsible for enforcing this policy in a fair and consistent manner. B. Encourage employees to utilize an available employee assistance program or service when the employee's job performance is deteriorating or unsatisfactory, the employee does not respond to supervisory remedies, or when a specific on-the-job incident is cause for concern. As the supervisor's role is to monitor job performance, the supervisor should not attempt to diagnose an employee's problem. C. Document, in writing, the facts constituting reasonable suspicion, within forty-eight (48) hours of requesting an employee to submit to a drug or alcohol test. Any employee who refuses to submit to a drug or alcohol analysis upon request shall be advised of the requirements of this policy and the consequences of refusal. Where there is reasonable suspicion to believe that the employee is then under the influence of alchol or drugs, the manager or supervisor shall require the representative or law enforcement representative can arrange to transport the employee to a testing facility, or home in the event of the employee's refusal to submit to a drug or alcohol test. Any time spent remaining on the premises at the request of a supervisor or manager or time spent for City-required drug or alcohol testing shall be considered work time and shall be paid for by the City. D. Not confiscate prescription drugs or medications from an employee who has a valid prescription for such. The prescription must be in the employee's name. E. Deal with suspected offenders as discreetly, inconspicuously, respecfully, and confidentially as possible. F. 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 in in an area not jointly or fully controlled by the City. If the Department Head or designee concurs that there is reasonable suspicion that an employee is in possession of illegal drugs, the manager or supervisor shall not physically search employees or their personal possessions, but should request that they remain on the premises until the appropriate law enforcement agency has arrived. G. May search areas which are jointly or fully controlled by the City. In the event such an area is occupied by a Peace Officer, all searches shall be consistent with Government Code Section 3309 (Police Officer Bill of Rights). H. Management shall not use authoirty under these rules to unlawfully harass, intimidate, or discriminate against employees. 5. Drug and Alcohol Testing: The drug or alcohol test may be used to test for any substance which could impair an applicant's or employee's ability to effectively and safely perform the functions of his or her job. A more sensitive, confirmatory test will be conducted if the first test is positive. The laboratory conducting the tests will not release any information to the City until this confirmatory test is completed. Drug or alcohol tests shall be conducted in the following manner: A. Pre-Employment Drug or Alcohol Tests: As outlined below, a positive result from a drug or alcohol test shall result in an applicant not being hired. This pre-employment drug or alcohol testing shall apply only to non-City employees; City employees who apply for another City position shall not be subject to pre-employment drug or alcohol tests. If the confirmatory pre-employment drug or alcohol test is positive, the applicant shall have the opportunity, within twenty-four (24) hours of the request, to provide verification of a current prescription of the drug identified in the test. If the applicant does not provide acceptable verification, if the prescription is not in the applicant's name, or if the drug is one which is likely to impair the applicant's ability to perform the required job duties, the City will consult with the City's Physician to determine the degree of potential impairment, and the applicant's suitability for employment. B. Employee Drug or Alcohol Tests: If an employee is requested to submit to a drug or alcohol test, and the results are positive, the employee shall have the opportunity, within forty-eight (48) hours of request, to provide verification of a current prescription for the drug identified in the test. If the employee does not provide acceptable verification, the if prescription is not in the employee's name, this drug or if the employee has not previously notified his or her supervisor of the use of this drug, the employee may face mandatory referral to an employee assistance program or service and disciplinary action. If, in such cases, the employee refuses to attend an employee assistance program or service, he or she will be subject to the disciplinary procedures which are outlined in the Personnel Rules. 6. Employee Confidentiality: Employees will be notified of the purpose for collecting urine prior to its collection for a drug test under this Policy. Laboratory reports or test results shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Personnel Officer. The reports or test results may be disclosed to management or supervisors on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur whe: (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; (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 7. Employee Consent: I have carefully and thoroughly read the City of San Jacinto's Drug and Alcohol Free Workplace Policy and Policy Implementation. 1 agree without reservation to follow that policy. Date Employee Signature Job Title Employee Name (Printed) APPENDIX „D,. HARASSMENT IN EMPLOYMENT POLICY Purpose To define and issue to all employees the City's policy on the prohibition of harassment in employment. Policy Harassment of an applicant or employee by a supervisor, management employee, or co-worker on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, or age will not be tolerated. Harassment, as defined in this section, violations Title VII of the Civil Rights Act of 1964, the California Government Code, and the regulatory guidelines of the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Commission. Violation of this policy shall generally constitute just and reasonable cause for discipline, up to and including termination. Definition Harassment includes, but is not limited to: a) Verbal Harassment- For example, epithets, derogatory comments or slurs made in violation of the policy statement above. b) Physical Harassment - For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual in violation of the policy statement above. c) Visual Forms of Harassment- For example, derogatory posters, notices, bulletins, cartoons, or drawings distributed, posted, or otherwise provided in violation of the policy statement above. d) Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance, or creates an offensive work environment. Pre-Grievance Process An employee who has been harassed on the job should inform the employer, its agents, or supervisors of the grievance. To accommodate the unique nature of harassment complaints, a pre-grievance process is provided for the primary purpose of resolution of a complaint at the earliest possible date. Elements of this process are: a) Complaint Advisor - The City's Personnel Officer will be available to receive harassment complaints. Functions of this advisor will include but not be limited to: i. Advise the employee and outline the options available. ii. Obtain a factual, written statement of the complaint for the affected department head. Assist in follow-up investigation, interview accused, witnesses, and supervisors as appropriate, and recommend disposition of the complaint and the outcome of the matter. b) Department Head - Authorizes investigation of the complaint, review factual information collected to determine whether the alleged conduct constitutes harassment, giving consideration to the record as a whole and the totality of circumstances, including the nature of the verbal, physical, visual, or sexual favor aspect of the advance and the context in which the alleged incident occurred. Takes and/or authorizes appropriate action. c) Harassment in the Chain of Command - Should an allegation of harassment involve the employee's Department Head, the Complaint Advisor may take the case to the City Manager. Should a complaint involve the City Manager, the Complaint Advisor may take the case to the Police Chief. Should an allegation of harassment involve the Personnel Officer, the City Manager shall appoint a Department Head to act as Complaint Advisor in the case. d) Confidentiality - Effort will be made to protect the privacy of the parties involved in a complaint. Files pertaining to complaints handled under the grievance process will not be made available to the general public. Files pertaining to complaints will be kept in a secure location in the City's Personnel Office. e) Timeline - A response shall be given to the complainant within 30 days of the date that the initial complaint was received by the Complaint Advisor. The complainant will be advised as to the progress of the investigation and when to expect a recommendation for appropriate action. Formal Grievance Process Formal grievance procedures of the City, as described in the City's Personnel Rules, are available for resolution of complaints alleging harassment if the complaint is not adjusted to the satisfaction of the employee in the pre-grievance process. a) Extension of Time Requirements - Time limits specified in the formal grievance procedures may be extended if pre-grievance procedures for a harassment complaint were initiated within the applicable time limits for filing a formal grievance. In these instances, if the complaint is not adjusted to the satisfaction of the employee, the time limits for filing a formal grievance should begin as of the date of notification of action taken by the Department Head. If the employee did not initiate pre-grievance procedures within the time limits of the applicable formal grievance procedure, the City's Personnel Officer may recommend extension of the filing deadline for a formal complaint. It should be reemphasized that the City wishes to know of any complaint alleging harassment as soon as possible after it occurs. b) Waiver of Informal Step - Preliminary informal steps to resolve a grievance may, depending on circumstances of the complaint, be waived and the formal grievance initiated at an appropriate higher step in the process. ❑issemination of Policy All employees, supervisors, and managers shall be sent copies of this Policy and this Policy shall be posted in appropriate places.