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
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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.