To comply with applicable laws ensuring equal employment opportunities for qualified individuals with disabilities, the city will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability, who is an applicant or an employee, unless undue hardship would result, or unless the individual poses a direct threat to the health and safety of him or herself or others.
Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the human resources director and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job.
Requests for an accommodation will be evaluated on a case-by-case basis, and the city may require reasonable documentation of a disability to support the request, including, but not limited to, a fitness for duty report.
The city will engage in a good faith interactive process to identify the barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his or her job. The city will identify possible accommodations, if any, that will help eliminate the limitation. If the accommodation is reasonable, will not impose an undue hardship on city operations, and does not pose a direct threat to the health and safety of the individual or others, the city will make the accommodation.
(Ord. 1072, 2004)
The city recruits highly qualified staff, at a competitive compensation level and requires that employees be responsible and meet high performance standards.
As part of this responsibility and performance standard, employees are expected to abide by the following standards of conduct at all times and to conduct themselves in a positive manner in order to promote the best interests of the city. Failure to adhere to these standards may subject an employee to disciplinary action, including separation from employment with the city.
A. 
Appropriate Employee Conduct.
1. 
Treat all customers, visitors, and co-workers and managers in a courteous manner;
2. 
Refrain from behavior or conduct that is offensive or undesirable, or which is contrary to the city's best interests;
3. 
Report to management suspicious, unethical, or inappropriate conduct by employees, customers, or suppliers;
4. 
Report to management any threatening or potentially violent behavior by employees, customers, or suppliers;
5. 
Cooperate with city investigations by answering all questions fully and candidly;
6. 
Comply with all city safety and security regulations;
7. 
Wear clothing appropriate for the work being performed;
8. 
Perform assigned tasks efficiently and in accord with established quality standards;
9. 
Report to work at the proper work station, ready for work, and at the assigned starting time;
10. 
Smoke only at times and in places not prohibited by city rules or local ordinances;
11. 
Eat meals only during meal periods and only in the designated employee lounge, unless an accommodation is approved;
12. 
Maintain cleanliness and order in the workplace and work areas.
B. 
Prohibited Employee Conduct—Zero Tolerance. Employees who engage in proven misconduct of the following types shall be subject to severe discipline up to and including discharge:
1. 
Zero Tolerance—Violation of the City's Policy Against Violence in the Workplace. Engaging in or threatening acts of workplace violence, including, but not limited to, the possessing of firearms or other weapons on city property, fighting or assaulting a co-worker, guest, or customer, and/or threatening or intimidating a co-worker, a member of the council, security personnel, customers, or guests;
2. 
Zero Tolerance—Violation of the City's Policy Against Harassment, Discrimination and Retaliation. Engaging in any form of harassment, discrimination, or retaliation;
3. 
Zero Tolerance—Violation of the City's Policy Against the Use of Drugs and Alcohol in the Workplace.
Reporting to work or testing under the influence of alcohol, illegal drugs, or narcotics or using, selling, dispensing, or possessing alcohol, illegal drugs, or narcotics on city premises.
C. 
Other Prohibited Employee Conduct. Employees who engage in proven misconduct of the following types may be subject to discipline up to and including discharge:
1. 
Willfully or knowingly disclosing any confidential or privileged information, unless authorized or required by law to do so; or using any confidential or privileged information to advance the financial or other private interest of him or herself or others. Confidential or privileged information is information that at the time of use or disclosure was not subject to disclosure under the California Public Records Act;
2. 
Falsifying or altering any city record or report, including, but not limited to: an employment application, medical reports, production records, time records, expense accounts, absentee reports, or shipping and receiving records;
3. 
Stealing, destroying, defacing, or misusing city property or another employee's or customer's property;
4. 
Misusing city property or systems, including, but not limited to: surplus property, scrap material or equipment, tools, vehicles, electronic mail, computers, Internet access, or telephones;
5. 
Insubordination or refusing to follow a supervisor's directive or lawful instruction concerning a jobrelated matter;
6. 
Failing to wear assigned safety equipment or failing to abide by safety rules and policies;
7. 
Soliciting or distributing products or services not approved by the city manager;
8. 
Smoking where prohibited by local ordinance or city rules;
9. 
Using profane or abusive language;
10. 
Sleeping on the job without authorization;
11. 
Gambling on city property;
12. 
Playing pranks or engaging in horseplay;
13. 
Wearing improper attire in violation of the city dress code;
14. 
Making an inappropriate or unapproved personal appearance or statements on behalf of the city;
15. 
Working or conspiring against the interests of the city;
16. 
Failure to report on the job accidents.
The impermissible or prohibited behavior listed above is not intended to be all-inclusive. At management's discretion, any violation of the city's policies or any conduct considered inappropriate or unsatisfactory may subject a violating employee to separation from employment with the city or other appropriate disciplinary action.
Any questions about this policy should be directed to the department of human resources.
(Ord. 1072, 2004; Ord. 1241 § 8, 2012)
A. 
Purpose. The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The employer encourages all covered individuals to report, as soon as possible, any conduct that is believed to violate this Policy.
B. 
Policy. The employer has zero tolerance for any conduct that violates this Policy. Conduct need not arise to the level of a violation of law to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an applicant, unpaid intern, volunteer or employee by a supervisor, management employee, elected or appointed official, co-worker, member of the public, or contractor on the basis of race, religion, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), national origin, ancestry, disability, medical condition, genetic characteristics or information, marital status, age, sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any other protected classification as defined below, will not be tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
C. 
Definitions.
Protected Classifications.
This Policy prohibits harassment or discrimination because of an individual's protected classification. "Protected classification" includes race, religion, color, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, marital status, pregnancy, age, medical condition, genetic characteristics or information, military and veteran status, and physical or mental disability.
Policy Coverage.
This Policy prohibits the employer, elected or appointed officials, officers, employees, or contractors from harassing or discriminating against applicants, officers, officials, employees, unpaid interns, volunteers, or contractors because of: (a) an individual's protected classification; (b) the perception that an individual has a protected classification; or (c) the individual associates with a person who has or is perceived to have a protected classification.
Discrimination.
This Policy prohibits treating individuals differently because of the individual's protected classification as defined in this Policy.
Harassment may include,
but is not limited to, the following types of behavior that is taken because of a person's protected classification. Note that harassment is not limited to conduct that employer's employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public:
a. 
Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories or jokes.
b. 
Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts.
c. 
Visual acts, such as derogatory posters, cartoons, emails, pictures, or drawings related to a protected classification.
d. 
Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment.
Guidelines for Identifying Harassment.
To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
a. 
Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification.
b. 
It is no defense that the recipient appears to have voluntarily "consented" to the conduct as issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
c. 
Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
d. 
Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
e. 
Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g., gifts, over attentions, endearing nicknames).
Retaliation.
Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. "Adverse conduct" includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the compliant or investigation process.
D. 
Complaint Procedure.
1. 
An employee, job applicant, unpaid intern, volunteer, or contractor who believes he or she has been harassed may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command:
a. 
Immediate supervisor;
b. 
Any supervisor or manager within or outside of the department;
c. 
Department head;
d. 
Director of human resources; or
e. 
Confidential employee reporting hotline.
2. 
Any supervisor or department head who receives a harassment complaint should notify the director of human resources immediately.
3. 
Upon receiving notification of a harassment complaint, the director of human resources shall:
a. 
Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: (i) the complainant; (ii) the accused harasser; and (iii) other persons who have relevant knowledge concerning the allegations in the complaint.
b. 
Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination, or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
c. 
Report a summary of the determination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If the discipline is imposed, the level of discipline will not be communicated to the complainant.
d. 
If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
e. 
Take reasonable steps to protect the complainant from further harassment, discrimination, or retaliation.
f. 
Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
4. 
The employer takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
5. 
Option to Report to Outside Administrative Agencies. An individual has the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers.
E. 
Confidentiality. Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the human resources director. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
F. 
Responsibilities. Managers and supervisors are responsible for:
1. 
Informing employees of this Policy.
2. 
Modeling appropriate behavior.
3. 
Taking all steps necessary to prevent harassment, discrimination, or retaliation from occurring.
4. 
Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
5. 
Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
6. 
Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
7. 
Informing those who complaint of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. 
Assisting, advising, or consulting with employees and the human resources director regarding this Policy and Complaint Procedure.
9. 
Assisting in the investigation of complaints involving employee(s) in their departments and, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with employer personnel rules, up to and including discharge.
10. 
Implementing appropriate disciplinary and remedial actions.
11. 
Reporting potential violations of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the human resources department of the department head.
12. 
Participating in periodic training and scheduling employees for training.
Each employee or contractor is responsible for:
1.
Treating all employees and contractors with respect and consideration.
2.
Modeling appropriate behavior.
3.
Participating in periodic training.
4.
Fully cooperating with the employer's investigations by responding fully and truthfully to all questions posed during investigation.
5.
Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or human resources director.
6.
Reporting any act he or she believes in good faith constitutes harassment, discrimination, or retaliation as defined in this Policy, to his or her immediate supervisor, or department head, or human resources director.
G. 
Dissemination of Policy. All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
(Ord. 1308 § 2, 2016)
The city maintains zero tolerance against violence in the workplace.
Acts or threats of physical violence, including intimidation, harassment, and/or coercion, that involve or affect the city or that occur on city property or in the conduct of city business off city property, will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in city operations, including, but not limited to, city personnel, contract workers, temporary employees, and anyone else on city property or conducting city business off city property. Violations of this policy, by any individual, will lead to disciplinary action, up to and possibly including immediate discharge, and/or legal action as appropriate.
Workplace violence is any intentional conduct that is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property such that employment conditions are altered or a hostile, abusive, or intimidating work environment is created for one or several city employees. Workplace violence may involve any threats or acts of violence occurring on city premises, regardless of the relationship between the city and the parties involved in the incident. It may also include threats or acts of violence that affect the business interests of the city or that may lead to an incident of violence on city premises.
Threats or acts of violence occurring off city premises that involve employees, agents, or individuals acting as a representative of the city, whether as victims of or active participants in the conduct, and that have a nexus to city employment may also constitute workplace violence.
Specific examples of conduct that may constitute threats or acts of violence under this policy include, but are not limited to, the following:
A.
Threats or acts of physical or aggressive contact directed toward another individual;
B.
Threats or acts of physical harm directed toward an individual or his or her family, friends or associates;
C.
The intentional destruction or threat of destruction of city property or another employee's property;
D.
Harassing or threatening phone calls;
E.
Surveillance;
F.
Stalking;
G.
Possession of offensive or defensive weapons;
H.
Veiled threats of physical harm or similar intimidation;
I.
Any conduct relating to violence or threats of violence that adversely affects the city's legitimate business interests.
Workplace violence does not refer to occasional comments of a socially acceptable nature. These comments may include references to legitimate sporting activities, popular entertainment, or current events. Rather, it refers to behavior that is personally offensive, threatening, or intimidating.
A. 
Reporting. Employees are encouraged to report valid claims without fear of retaliation of any kind. Employees will not be subject to retaliation for registering any complaint of violence in good faith.
Employees are required to immediately report threatening comments, action or violent behavior at any city location or at any location where the City conducts business to the department of human resources for monitoring and assessment.
Department heads or supervisors will report all incidents of violence or possible violence, including perceived threats, to the department of human resources. The department will promptly assess the situation and determine the most appropriate course of action, including the undertaking of an investigation to confirm the occurrence reported.
B. 
Investigation. Any person who engages in a threatening or violent action on city property may be removed from the premises as quickly as safety permits and may be required, at the city's discretion, to remain off city premises pending the outcome of an investigation of the incident.
When threats are made or acts of violence are committed by employees, a judgment will be made by the city as to what actions are appropriate, including possible medical evaluation and/or possible disciplinary action.
Employees who engage in threats or violence, direct, indirect, implied, or actual, against co-workers or any other person concerning city business, may be subject to legal action by law enforcement authorities as well as disciplinary action by the city, up to and including termination of employment.
Once a threat has been substantiated, it is the city's policy to put the threat maker on notice that he/she will be held accountable for his or her actions and then implement a decisive and appropriate response. The human resources director will document such incidents. Such documentation will include a narrative of the incident including names and other appropriate identification of the parties involved, verbal comments made or descriptions of the violent behavior, witness names, and witnesses' statements.
Under this policy, the city will act to prevent a threat from being carried out, a violent act from occurring, or a life-threatening situation from developing. No existing policy or procedure of the city should be interpreted in a manner that prevents the making of these necessary actions.
(Ord. 1072, 2004)
The city maintains a zero-tolerance policy for substance abuse and its effects in the workplace as even involvement with drugs and alcohol off the job can take its toll on job performance and employee safety.
The city's concern is that employees are in a condition to perform their duties safely and efficiently, in the interest of their co-workers and the public, as well as themselves. The presence of illegal drugs and alcohol on the job, and the influence of these substances during work hours, are inconsistent with this objective. Therefore the City has adopted a zero-tolerance policy regarding drug and alcohol use/abuse. The city will include drugfree awareness information in its programs.
This policy is also intended to comply with all applicable federal regulations and state laws governing workplace anti-drug programs, including the federal Drug-Free Workplace Act of 1988, and similarly, the California Drug-Free Workplace Act of 1990, which require the establishment of drug-free workplace policies and the reporting of certain drug-related offenses to the federal Department of Transportation.
Any questions regarding rights and obligations under this policy shall be referred to the employee's supervisor, department head, or to the human resources director.
A. 
Personnel Affected. This policy's prohibition against substance abuse in the workplace applies to all city employees when they are on city property or when performing city related business. All employees who are found to have violated this policy are subject to discipline, up to and including termination.
B. 
Pre-Employment Testing. In an effort to reach the goal of a drug and alcohol free workplace, the city will conduct pre-employment drug and alcohol testing of applicants for all city positions. Pre-employment drug and alcohol tests shall apply only to non-city applicants following a conditional offer of employment. City employees who apply for another position shall not be subject to pre-employment drug or alcohol tests. Any applicant who refuses to provide consent for pre-employment testing under this policy will be disqualified from city employment.
Drug and alcohol testing will be conducted by a qualified third party. Any medical history and other information provided by the applicant, as well as the results of the tests, shall not be revealed to the city. Rather, the city shall be notified as to whether or not the applicant's tests revealed any prohibited substances.
An applicant whose test is positive for prohibited substances (alcohol or illegal drugs/non-prescribed controlled substances) is entitled to question and challenge test results he or she believes to be erroneous. Any positive test shall be retested independently using a more sensitive test.
The city will not hire applicants whose test results are positive for prohibited substances. Applicants whose test results indicate abuse of lawfully prescribed drugs, likewise, will not by hired by the city. Any applicant who tests positive for substance abuse shall not be hired by the city, and shall not be eligible for employment with the city for a period of one year.
C. 
Reasonable Suspicion Testing and Search. For individuals currently employed by the city, the city may require a blood test, urinalysis, or other drug and/or alcohol screening of those persons reasonably suspected of using or being under the influence of a drug or alcohol at work or when on standby duty. Testing must be approved by the director of human resources, his or her designee, or a department head.
Reasonable suspicion is defined as behavior, speech, body odor, appearance, or other objective evidence (for example, an open container in a vehicle) of recent drug or alcohol use, which would lead a reasonable person to believe that the employee is under the influence of drugs and/or alcohol. Testing may also be required following a work-related accident or mishap. The supervisor shall document those factors that created the reasonable suspicion. An employee's consent to submit to such a test is required as a condition of employment and the employee's refusal to consent may result in disciplinary action, up to and including termination for even a first refusal or any subsequent refusal.
D. 
Prescribed Medications. While use of medically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify his or her supervisor before beginning work when taking medications or drugs which could foreseeable interfere with the safe and effective performance of duties or operation of city equipment will result in discipline, up to and including termination. Failure to submit the said documentation may result in the employee being placed on leave until such time as the employee provides such documentation. In the event there is a question regarding an employee's ability to perform safely and effectively assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
E. 
No Expectation of Privacy. The city hereby serves notice that employees do not have an expectation of privacy with respect to city property, including but not limited to lockers, storage areas, furniture, city vehicles, and other places under the common control of the city and employees. The city, therefore, has the right to search all such areas and property in which the city maintains control or joint control with the employee. The city may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession, or in an area not jointly or fully controlled by the city.
An employee reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and may be detained for a reasonable time until he/she can be safely transported from the worksite.
F. 
Confidentiality. Any reports or test results generated under this policy shall not appear in an employee's general personnel folder but will be kept in a separate, confidential medical file that will be securely maintained by the director of human resources. The report or test results may be disclosed to city management on a strictly need-to-know basis and to the tested employee upon request. Disclosure without employee consent may also occur in the following situations: (1) the release of the information is compelled by law or judicial/administrative process, (2) the information has been placed at issue in a formal dispute between the city and the employee or applicant, (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 an employee or applicant who is unable to authorize disclosure, or (5), when the information is requested by the department of transportation or any state or local official with regulatory authority over the city or any of its safety-sensitive employees.
G. 
Return to Duty Testing. An employee who has violated this policy but has not been terminated from city employment may be subject to a return-to-duty test and up to six unannounced drug and/or alcohol tests during the first twelve months back to duty.
H. 
Employee Responsibility and Conditions of Employment. An employee of the city, being made fully aware of the city's zero-tolerance policy with respect to drug and alcohol use, must:
1. 
Not report to work or be on standby or on-call status while his or her ability to perform job duties is impaired due to on or off-duty alcohol or drug use;
2. 
Not possess or use controlled substances (illegal drugs or prescription drugs without a prescription) at any time, or use alcohol at any time while on city property or while on duty for the city at any location;
3. 
Not directly or through a third party manufacture, sell, distribute, dispense, or provide controlled substances to any person, including any employee, at any time; or manufacture, sell, distribute, dispense or provide alcohol to any employee while either or both are on duty;
4. 
Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of city equipment;
5. 
In accordance with the Drug-Free Workplace Act of 1988, notify the human resources director of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Within thirty days of the date the city learns of an employee's conviction, the employee will be disciplined, up to and including termination. Any employee not terminated will be required to satisfactorily participate in and complete a drug abuse assistance or rehabilitation program. Any employee who fails to provide the notice described here will be subject to discipline, up to and including termination;
6. 
Notify the human resources director immediately of facts or reasonable suspicions when he or she observes behavior or other evidence that a fellow employee poses a risk to the health and safety of the employee or others;
7. 
Consent to any and all reasonable suspicion tests and/or searches. Failure to comply with reasonable suspicion tests will be considered a violation of this policy and will result in disciplinary action, up to and including, termination.
I. 
Management Responsibilities and Guidelines.
1. 
Department heads and supervisors are responsible for reasonable enforcement of this policy.
2. 
A department head or supervisor may search the personal possessions of employees only when there is a reasonable suspicion of a violation of this policy and only with the consent of, and in the presence of, the employee and human resources director.
3. 
Department heads and supervisors shall notify the human resources director when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession, or in an area jointly or fully controlled by the city. If a department head and human resources director, or his or her designee, concur that there is reasonable suspicion of illegal drug possession, the department head or human resources director shall notify the appropriate law enforcement agency.
J. 
Employee Assistance Program. The city maintains an employee assistance program (EAP) that provides assistance to employees who suffer from alcoholism, drug problems, or other personal or emotional problems. Employees who require assistance should contact the city's EAP provider immediately. The city will provide reasonable accommodation to those employees who are recovering from alcohol or drug abuse problems to the extent that they are disabled as defined under either the Americans with Disabilities Act or the Fair Employment and Housing Act.
It is the responsibility of each employee to seek the necessary assistance before alcohol, drug or other problems adversely affect the employee's performance or conduct. If a violation of city policy or rules occurs, a subsequent attempt to seek and obtain assistance on a voluntary basis will not prevent or lessen the severity of the disciplinary action. Employees may request an unpaid leave of absence to enroll in a voluntary drug or alcohol rehabilitation program if they wish to do so. The city will review such requests on a case-by-case basis.
An employee's decision to seek assistance will not be used as a basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. On the other hand, as noted above, the mere fact that an employee has sought or intends to seek professional assistance will not be a defense to the imposition of disciplinary action where the employer determines, in its sole discretion, that disciplinary action is warranted.
(Ord. 1072, 2004)
The city is committed to prohibiting retaliation against those who report, oppose, or participate in the investigation of alleged wrongdoing in the workplace.
A. 
Protected Activity. This policy protects those who engage in protected activity from being retaliated against because of that protected activity. Protected activity includes any of the following:
1. 
Filing a complaint with a federal or state enforcement or administrative agency;
2. 
Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the city regarding alleged unlawful activity;
3. 
Testifying as a party, witness, or accused regarding alleged unlawful activity;
4. 
Associating with another employee who is engaged in any of the protected activities enumerated in this subsection;
5. 
Making or filing an internal complaint with the city regarding alleged unlawful activity;
6. 
Providing informal notice to the city regarding alleged unlawful activity.
B. 
Policy Coverage. This policy prohibits city officials, officers, employees, vendors or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined in subsection A of this section.
C. 
Adverse Action. This policy prohibits any adverse conduct that is taken because an applicant, employee, vendor or contractor has engaged in any of the forms of protected activity as defined in subsection A of this section. Adverse action includes any of the following:
1. 
Taking sides because an individual has reported alleged wrongdoing;
2. 
Spreading rumors about a complaint of alleged wrongdoing;
3. 
Shunning or avoiding an individual who has engaged in any of the forms of protected activity described in subsection A of this section;
4. 
Real or implied threats of intimidation to attempt to prevent an individual from reporting alleged wrongdoing or because of protected activity;
5. 
Refusing to hire an individual because of protected activity;
6. 
Denying promotion to an individual because of protected activity;
7. 
Taking any form of disciplinary action because of protected activity;
8. 
Issuing a poor evaluation because of protected activity;
9. 
Extending a probationary period because of protected activity;
10. 
Altering work schedules or work assignments because of protected activity.
D. 
Causal Connection. This policy prohibits adverse action that is taken because of an individual's protected activity.
This policy does not prohibit adverse action that is taken for legitimate or non-discriminatory reasons, such as: discipline for legal cause or refusing to hire because of inadequate qualifications. As a result, adverse action is only prohibited if it is causally connected to, or taken because of, the alleged protected activity.
E. 
Complaint Procedure. An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this policy should immediately report the conduct according to the following procedure so that the complaint can be resolved fairly and quickly.
1. 
Reporting to Management. The individual may make a complaint to any supervisor, department head, city manager, or a member of the human resources department. The complaint should be in writing and provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses. The complaint should contain a statement that the individual swears that the contents of the complaint are true, or that the individual believes them to be true. The complaint shall be filed as soon as possible after either the alleged act of retaliation, or the date the individual first becomes aware of alleged retaliation, but no later than three months thereafter.
2. 
Interim Relief. Any official, officer, supervisor or management employee who receives a complaint or learns of a potential violation of this policy against retaliation must promptly report the information to the human resources director, or another in the chain of command, and if necessary, take action to diffuse volatile circumstances.
3. 
Investigation. The human resources director or his or her designee will immediately undertake an effective, discrete, thorough and objective investigation of the allegations at issue. Each complaint that complies with the requirements stated in this policy will be investigated to the extent that the city deems appropriate. The investigation may include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged wrongdoing or who participate in the complaint procedure is prohibited.
F. 
Remedial and Disciplinary Action. If the investigation concludes that a violation of this policy against retaliation has occurred, the city will notify the offended and offending parties of the general conclusion(s) of the investigation and will take effective remedial action that is designed to end the violation(s).
Any employee or officer determined to be responsible for violating this policy will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this policy or otherwise fails to take appropriate action to enforce this policy. Any official or contractor who is found to have violated this policy will be subject to appropriate sanctions.
G. 
Requirement to Exhaust Administrative Remedies. This policy provides an administrative remedy that individuals must use prior to resorting to judicial remedies to address the conduct described in this section.
H. 
Option to Report to Outside Administrative Agencies. Applicants, employees, officers, officials, vendors and contractors have the option to report alleged retaliation for reporting harassment or discrimination on the basis of sex, race, national origin, disability, sexual orientation, religion, or medical condition to the United States Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These governmental agencies offer legal remedies and a complaint process. The nearest DFEH and EEOC offices are listed in the government section of the telephone book or employees can check the equal employment opportunity posters that are located on city bulletin boards for office locations and telephone numbers.
I. 
Individual Employee/ Contractor. A city employee or contractor is required to:
1. 
Conduct him or herself consistently with this policy;
2. 
Report any act he or she believes in good faith constitutes retaliation as defined here, to his or her immediate supervisor or department head or to the human resources director;
3. 
Maintain the confidentiality of any investigation the city conducts under this policy by not disclosing the substance of any investigatory interview, except as directed by the department head or the human resources director;
4. 
Cooperate fully with the city's investigation into alleged violations of this policy, by responding fully and truthfully to all questions posed during the investigation.
J. 
Management and Supervisory Employees (including Officers and Officials). In addition to the responsibilities listed in subsection I of this section for individual employees, management and supervisory personnel (including officers and officials) are responsible to help enforce this policy within their departments or areas of responsibility by:
1. 
Being familiar with this policy and modeling behavior that is consistent with it;
2. 
Informing all employees under their direction of this policy and providing training as appropriate;
3. 
Receiving complaints in a fair and serious manner, documenting steps taken to resolve the problem, and following up with the complaining employee to ensure that the behavior has stopped and that there have been no reprisals;
4. 
Reporting any potential violations of this policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to the human resources department and the department head;
5. 
Based on the findings of the investigation, implementing appropriate disciplinary and remedial action;
6. 
Informing one who complains of alleged harassment, discrimination or retaliation in violation of the city's policy against harassment, discrimination or retaliation of his or her option to contact the EEOC or DFEH;
7. 
Regularly monitoring the work environment and taking immediate appropriate action to stop potential violations.
K. 
Human Resources Department. The human resources department is responsible for administering the complaint procedure, authorizing and/or conducting an investigation and, in consultation with the department head, recommending disciplinary action commensurate with the severity of the offense, and recommending other appropriate remedial action.
(Ord. 1072, 2004)
The city requires employees to report for work punctually and to work all scheduled hours and any required overtime. Excessive tardiness and poor attendance disrupt workflow and customer service and will not be tolerated.
To address this concern management has instituted the following criteria and guidelines for employees:
A. 
Supervisors should track employees starting, ending, and break times. Employees are expected to be engaged in carrying out their duties during all scheduled work time and should be ready to begin working at their scheduled starting time.
B. 
Supervisors should track all absences and, for nonexempt employees (those subject to the minimum wage and overtime requirements of the Fair Labor Standards Act), any tardiness or early departure exceeding ten minutes.
C. 
Employees should notify their supervisor, as far in advance as possible whenever they are unable to report for work, when they know they will be late, or when they must leave early.
D. 
Employees will be compensated during authorized absences in accordance with the policies contained in city's policies, including sick leave, vacation, short-term absence, and leaves of absence. Nonexempt employees will not receive compensation for time missed because of tardiness or early departure if the time missed exceeds ten minutes after starting time or before quitting time. Failure to notify the appropriate supervisor properly of any absence may result in loss of compensation during the absence and may be grounds for disciplinary action.
E. 
Nonexempt employees who are delayed in reporting for work more than thirty minutes and who have not notified their supervisor of their expected tardiness, may be subject to disciplinary action.
F. 
Employees who report for work without proper equipment or in improper attire may be subject to disciplinary action.
G. 
Employees who report for work in a condition considered not fit for work may be subject to disciplinary action.
H. 
Nonexempt employees who are unable to report because of natural disaster or inclement weather conditions will be granted an authorized unpaid absence but employees may use their available vacation accruals to convert this into a paid absence.
I. 
Nonexempt employees will not be required or permitted to work any period of time before or after scheduled starting or quitting times for the purpose of making up time lost because of tardiness, unauthorized absence, authorized absence, or any other reason if the result will be that the employee works more than 40 hours during the workweek.
J. 
When appropriate, supervisors should counsel employees under their supervision on the importance of good attendance and warn that excessive tardiness or absences will lead to discipline, up to and including termination.
K. 
Employees must obtain permission from their supervisor in order to leave city premises during working hours. In addition, employees who are frequently away from the premises for business reasons should inform their supervisors of their whereabouts during working hours.
L. 
Unauthorized or excessive absences or tardiness may result in disciplinary action, up to and including termination.
M. 
Employees who are absent from work for three consecutive days without giving proper notice to their supervisors will be considered as having voluntarily quit. At that time, the city may formally pursue termination and advise the employee of the planned action by certified mail to the employee's last known address.
(Ord. 1072, 2004)
The city does not have a prohibition against hiring relatives of current employees, but does reserve the right to weigh the circumstances of situations as they arise on a case-by-case basis to determine if the employment of a candidate for employment or the continued employment of a current employee would violate this policy. In keeping with this policy, relatives will not be hired into or transferred from, positions where they would be directly or indirectly supervised by a relative.
"Relative" means and includes mother, father, sister, brother, spouse, domestic partner, daughter, son, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandmother, grandfather, granddaughter, grandson, aunt, uncle, first cousin, nieces, and nephews.
A. 
Applicants. An applicant for a position who has a relative employed by the city may not be denied the right to file an application for employment and compete in the examination process.
Following employment examinations or interviews, if the applicant is successfully certified as eligible, he or she may be employed in a department, division, or office in which a member of his or her immediate family is employed. However, such employment shall be denied if the human resources department determines that such employment would potentially create a conflict of interest or violate the supervisory prohibition described in this section or have a potential adverse impact on supervision, safety, security, or employee morale.
Refusal of appointment of an eligible candidate by virtue of this policy, does not affect the candidates eligibility for other positions that may become available.
In no case may an employee participate directly or indirectly in the recruitment or selection process for a position for which the employee's relative has filed an employment application.
B. 
Current Employees. Where two relatives are working in the same department, division, or office at the time this policy is adopted, the relationship shall not be deemed a violation of this policy unless the employee's mutual employment creates a potential conflict of interest or has a potentially adverse impact on supervision, safety, security, or employee morale.
If, a familial relationship exists or is established through marriage resulting in a spousal or in-law relationship, the employee may continue in their positions so long as the terms of this policy are not violated. If, in the determination of the department manager, such a relationship creates a potential violation of this policy, he or she shall submit the reasons for his or her determination to the director of human resources for review.
The director of human resources shall then investigate the findings and determine if this policy has been violated. The director of human resources shall submit his or her results to the department manager with a copy to the city manager. If a policy violation has occurred, the human resources director and the department manager shall then promptly inform the employees of the city's intention to transfer one of the employees to a vacant position of comparable pay and duties in another city division or office, provided that such a vacant position exists, the transferee is qualified, and no offer of employment to fill the vacant position has been made to another eligible candidate.
If a position of comparable pay and duties is not open, but one in a lower classification is vacant, either of the employees may elect to voluntarily demote to the lower position, provided that the vacant position is in another department, division, or office, the employee is qualified to fill the position, and the position has not been offered to another candidate. A voluntary demotion undertaken at the behest of the affected employee under this provision shall be in accordance with the provisions set forth in the city's pertinent policies.
If a transfer or voluntary demotion is not feasible, the affected employees shall decide which of them will resign from city employment. If the employees do not make a decision, the director of human resources will make a decision that is in the best interest of the city. One employee will continue in city employment and the other will be separated in good standing.
C. 
Review. With the exception of the director of human resources review, any decision to transfer, voluntarily demote, or resign pursuant to this policy is not subject to any appeal or grievance procedures.
(Ord. 1072, 2004)
This policy establishes guidelines for outside employment or activity. Outside employment or activity by a city employee must not be inconsistent with, incompatible with, or in conflict with his or her duties or the duties, functions or responsibilities of the city.
A request to engage in outside employment or activities must be made in writing to a supervisor or department director. The supervisor or department director will not approve an application for any outside employment or activity if the contemplated outside employment or activity involves any of the following:
A. 
The use of city time, facilities, equipment, supplies or other resources;
B. 
The use of the employee's uniform, badge, prestige or influence of his or her city office or employment;
C. 
The acceptance by the employee of money or other consideration, from anyone other than the city, for any act that the employee regularly performs in the regular course or hours of his or her city employment as part of his or her duties for the city;
D. 
The performance of an act, not in his or her capacity as a city employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the employee or the city department in which he or she is employed.
A request to engage in outside employment or activities must include the time frame during which the employment or activities will occur. If the request is approved, it is approved for the duration stated and the work described in the request only, but it may be renewed with subsequent approval.
(Ord. 1072, 2004)
An employee or former employee or former city official shall not engage in any other employment or activities which in any way create a conflict of interest or even the appearance of impropriety.
Former Officials or Employees. It shall be improper for any former employee or former city official to appear as a compensated representative at any time before the city council, or any of its commissions, boards or agencies, by which he or she was formerly employed in connection with any case or other matter with which such person was duly connected in a policy-making capacity while with the city for two years following the termination of said employment with the city.
Such official or former employee may be released from the obligation imposed by this section upon the submission of a written request to the city council in advance of his or her proposed appearance including a certification that, while an officer or employee of the city, he or she took no action or obtained no information which would prejudice their conduct or presentation, either while an officer or an employee, or at the time of the said presentation. Such a waiver request submitted to the city council will include a recommendation from the city manager.
(Ord. 1072, 2004)
The city requires that each employee's dress, grooming, and personal hygiene should be appropriate to the work situation. Acceptable personal appearance, like proper maintenance of work areas, is an ongoing requirement of employment with the city.
A. 
Employees are expected at all times to present a professional, businesslike image to the public, members of the city council and co-workers.
B. 
Employees who have regular contact with the public must comply with the following personal appearance standards:
1. 
Employees are expected to dress in a manner that is normally acceptable for the type of work performed;
2. 
Employees should not wear attire that is provocative and revealing, athletic clothing, shorts, flip flops or thong-type (beach footwear), T-shirts, symbols and emblems that are partisan or political, novelty buttons, and similar items of casual attire that do not present a businesslike appearance.
Examples of inappropriate dress are exposed undergarments; excessively short or tight garments; bare midriff shirts; strapless shirts; shirts with slogans or large emblems; sweat suits; denim that is worn, faded, frayed, ripped, or bleached; sun dresses; halter tops; clothing with inappropriate advertising (e.g., cigarettes, beer or anything that portrays a negative image); tank tops, etc.;
3. 
Hair should be clean, combed and neatly trimmed or arranged.
C. 
Employees who do not regularly have contact with the public should follow basic requirements of safety and comfort, but should still be as neat and businesslike as working conditions permit.
D. 
Depending on the nature of their jobs, employees may be required to meet special dress, grooming and hygiene standards, such as wearing uniforms or other appropriate clothing.
1. 
Office Employees. Employees shall dress in a manner that allows them to attend and represent the city in a professional manner at meetings, commissions, boards, and other professional or public events, as needs require.
2. 
Field Employees. Uniformed employees are required to use their issued uniforms. Uniform shorts are acceptable, except when working in hazardous areas. Non-uniform employees must wear acceptable shirts that are conservative and muted in color. T-shirts and shirts with no collar are excluded. Walking shorts are acceptable with pockets in a solid conservative color. Specifically excluded are beach and multi-color shorts, gym or other shorts that do not resemble the city standard uniform shorts.
3. 
All other employees are prohibited from wearing shorts during work hours, unless pre-approved by the department head for non-hazardous fieldwork.
E. 
Casual Dress Days (Casual Friday). At its discretion, management may allow employees to dress in a more casual fashion than is normally required. On these occasions, employees are still expected to present a neat appearance and are not permitted to wear denim that is worn, faded, frayed, ripped, or bleached; or disheveled clothing, athletic wear, or similarly inappropriate clothing or accessories as described in subsection (B)(2) of this section.
Any employee who does not meet the standards of this policy may be asked to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy.
Violations of the policy may result in disciplinary action.
(Ord. 1072, 2004)
The city of Palm Desert encourages the use of electronic communications resources to share information in support of its mission of public service and to conduct its business. This policy governs all electronic communications resources including, but not limited to, the Internet, e-mail, voice-mail, listserves, boards, cellular telephones, pagers, personal digital assistants, smartphones, Blackberry devices, computers/laptops, telecommunications devices, video and audio equipment, wireless networks, data systems, telecommunications equipment, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, and documentation that supports electronic communications services ("electronic communications resources").
A. 
Electronic Communications. The city's e-mail system is an official communication tool for city business. An official e-mail address is established and assigned by the city to each employee. All city communications sent via e-mail will be sent to this address. City employees must use the official city e-mail, instead of their private e-mail address (such as yahoo, hotmail, etc.) or text messaging when communicating city business via e-mail so records can be properly managed.
Electronic communications resources must be used in compliance with applicable statutes, regulations, and city policies including those that require a work environment free from discrimination and harassment. Electronic communications should conform to the same standards of propriety and respect as any other verbal or written communication at the city. Employees are expected to use common sense and judgment to avoid any communication which is disrespectful, offensive or illegal.
The city, as the provider of access to its electronic communications resources, reserves the right to specify how those resources will be used and administered to comply with this policy. It is important to realize that the message content sent from the city's account reflects upon the city (positively or negatively) to those who receive the message. Employees may be subject to disciplinary actions for using the electronic communications resources in a manner other than for their intended purposes or in a manner that violates applicable laws, rules and policies.
Electronic communications to recipients on systems outside the city pass through systems and networks not managed by the city. The privacy and confidentiality of these messages is, therefore, not assured. In addition, some delivery methods and networks impose legal restrictions regarding the nature of messages allowed. Users are expected to comply with all such regulations. Employees and other users of the electronic communications resources may create criminal and civil liability for themselves and the city by using outside or third party systems in an offensive, defamatory or illegal manner and in such event employees and other users may be subject to disciplinary action up to and including termination.
The city's technical resources are provided for the benefit of the city and its residents or customers, visitors, vendors, and suppliers. These resources are to be used while conducting city business. They are to be reviewed, monitored, and used only in that regard, except as otherwise provided in this policy.
Access to networks and computer systems owned by the city imposes certain responsibilities and obligations on city employees and is granted subject to city policies. Appropriate use should always be legal, ethical, reflect honesty, reflect community standards, and show restraint in the consumption of shared resources. There is finite amount of bandwidth available at City Hall and high usage activities such as viewing videos, listening to audios, etc., limits the bandwidth available to others.
B. 
Incidental Personal Use. Electronic communication resources are provided by the city to facilitate the performance of city work. Incidental personal use is secondary, and should not: (1) interfere with the city's operation of electronic communications resources; (2) interfere with the user's employment or other obligations to the city; or (3) burden the city with noticeable incremental costs. Incidental use of the city's electronic communications resources should clearly indicate that the use is personal. Users of electronic communications resources shall not give the impression that they are representing, giving opinions, or otherwise making statement on behalf of the city unless appropriately authorized to do so. The city is not responsible for any loss or damage incurred by an individual as a result of personal use of the city's electronic communications resources.
C. 
Privacy Limits. The California Public Records Act requires the city to disclose specified public records. In response to requests for such disclosure, it may be necessary to examine electronic communications records that users may consider to be personal to determine whether they are public records that are subject to disclosure.
All communications transmitted via the city's electronic communications resources, whether or not related to personal or confidential matters, are subject to monitoring, at the city's discretion. The city monitors communications transmitted via the city's electronic communications resources in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passwords and "message delete" functions do not restrict or eliminate the city's ability or right to access electronic communications.
Employees should not communicate their private, privileged, or confidential information, including but not limited to personal attorney client communications, financial or medical information and other privileged information, via the city's electronic communications resources. Employees who do communicate their private, privileged or confidential information via the city's electronic communications resources will be deemed to have waived any privilege or privacy rights in those communications, even where those communications are made via personal password-protected accounts using the city's electronic communications resources.
Employees should keep in mind that when they are using the city's computers, they are creating city documents using a city asset. The city's computer, e-mail, or telephone systems, and the data stored in them are to remain properties of the city. As a result, computer data, messages, e-mail messages, and other data are readily available to numerous persons. Work transmitted on the computer system and other technical resources may be subject to investigation, search, and review by others per this policy.
All information, including e-mail messages and files, created, sent or retrieved over the city's technical resources is the property of the city, and should not be considered private or confidential. Employees should be aware that any electronically stored information created, sent, or received from others may be retrieved and reviewed when doing so serves the legitimate business interests and obligations of the city. Even when a file or message is erased or a visit to an Internet/website is closed, it is still possible to re-create the message or locate the website.
The city reserves the right to monitor use of its technical resources at any time. All information, including text and images may be disclosed to law enforcement or to other third parties without prior consent of the sender or the receiver.
Additionally, the city may be required to produce information transmitted or stored on its electronic communications resources pursuant to a court order, subpoena, or statute.
D. 
Restrictions. The information sources accessible via the Internet are worldwide and constantly growing in kind and number. It is not possible for any Internet access provider to fully manage the types of information accessible by its systems and users, especially with regard to content limitations. Nonetheless, the city reserves the right to restrict access to any data source, at its sole discretion. These restrictions do not constitute an implication of approval of other non-restricted sources.
Without exhausting all the possibilities, the following are examples of inappropriate use of the city's electronic communications resources:
1. 
Exposing others unwillingly, either through carelessness or intentions, to material which is offensive, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment.
2. 
Any use that may, for a reasonable person, create or further a hostile attitude or give offense on the basis of race, color, religion, national origin, citizenship, ancestry, marital status, gender, disability, age, veteran's status or sexual orientation.
3. 
Communicating confidential city information to unauthorized individuals within or outside of the city.
4. 
Sending messages or information which is in conflict with applicable laws or city policies, rules or procedures.
5. 
Attempting to access unauthorized data or break into any city or non-city system.
6. 
Engaging in theft or the unauthorized copying of electronic files or data.
7. 
Performing acts that are wasteful of computer resources or that unfairly monopolize resources to the exclusion of others is prohibited. These acts include, but are not limited to, sending mass mailings or chain letters and creating unnecessary network traffic.
8. 
Intentionally misrepresenting one's identity.
9. 
Engaging in unlawful activities.
10. 
Engaging in commercial activity or activity for financial gain, not under the auspices of the city.
11. 
Engaging in political activities.
12. 
Engaging in recreational use of the city's electronic communications resources that interferes with the ability of the employee or other users to conduct city work. This includes, but is not limited to, downloading or uploading software, games, or shareware. Employees are also prohibited from downloading and using instant messenger (IM).
13. 
Accessing the electronic communications resources with another employee's password.
14. 
Unauthorized review, duplication, dissemination, removal, installation, damaging, or alteration of files, passwords, computer systems or programs, or other property of the city, or use of information obtained by unauthorized means, is prohibited.
15. 
Use by the city council, advisory board members, or staff that would violate the Brown Act.
E. 
Overtime—Prior Approval Required. The Fair Labor Standards Act (FLSA) requires that the city pay each employee who is entitled to receive FLSA overtime for all hours worked. This provision does not apply to employees who are exempt from FLSA overtime because of the executive, administrative, or professional nature of their job duties.
1. 
No time spent in any activity on the city's electronic communications resources for the benefit of the city may be done outside of employee's scheduled work hours without advance approval from the employee's immediate supervisor. Emergencies may arise that call for an exception to this rule. In emergencies, the employee may perform the work, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the employee's supervisor denies the request to work overtime, the employee must obey the supervisor's directive and cease working overtime.
2. 
All time spent outside of the employee's scheduled hours on the city's electronic communications resources for the benefit of the city must be reported on official city forms so that the city may pay the employee for that work. Employees may never choose to work and not request compensation. All legitimate overtime will be compensated.
3. 
Employees are required to record all work time on official city records and to work overtime with approval. Failure to follow the city's overtime approval procedures will result in being paid for all legitimate work time, and being subject to disciplinary action, up to and including termination for violating the overtime approval procedures.
F. 
Retention Period for E-Mails. All e-mails on the city's electronic communication resources will be automatically saved for three years. After this three-year period expires, the messages will be stored on DVD, or similar electronic data storage device, for an additional two years. After this two-year period, all messages will be permanently deleted.
Individuals are responsible for ensuring that all pertinent e-mail files are properly managed, just as other paper mail. The e-mail system, or any electronic communication resource, should not be considered long-term storage for project files.
G. 
Software Policies. Employees are prohibited from installing software on any city technical resource without the express prior written permission from the IS department. Employees may not copy software from the city for personal use.
H. 
Copyrighted Materials. Employees should not copy and distribute copyrighted material (e.g., software, database files, documentation, articles, graphics files, and downloaded information) through the e-mail system unless they have confirmed in advance from appropriate sources that the city has the right to copy or distribute the material.
Transmitting any materials in violation of any federal, state, or local laws, ordinances or regulations is prohibited; failure to observe a copyright may result in disciplinary action by the city and legal action by the copyright owner.
Any questions concerning these rights should be directed to the IS department manager.
I. 
Employee Responsibilities. Each employee is responsible for the content of all text, audio, or images that they place or send over the city's technical resources. Employees may access only files or programs that they have permission to enter.
Violations of any guidelines in this policy may result in termination of access to the Internet and may also result in disciplinary or legal action up to and including termination of employment, and/or criminal or civil penalties or other legal action against the employee.
Each employee is responsible for notifying their supervisor if they observe violations of this policy.
The department of human resources will determine, through investigation, any violation to this policy and the appropriate disciplinary action and will work with supervisors if disciplinary action is necessary.
J. 
Special Policies for Use of Electronic Communication Devices at Public Meetings. This provision governs the use of all types of electronic devices that are designed or may be utilized to electronically communicate, or to process, transmit or store information, such as computers, cellular telephones, smart phones, iPads, tablets or similar ("electronic communication devices") by the city council, and all city board, committee and commission members ("city officials") and employees during meetings that are open to the public and subject to the Brown Act ("public meetings"). For purposes of this provision, the use of the phrase "participating in a public meeting" for city officials means that the city official is sitting at the dais and the public meeting is in session, and the use of the phrase for "city employees" means that the employee is required to attend the public meeting in order to fulfill some job related function as a city employee (e.g., to present a staff report or discuss a project that he or she has worked on with the council, board, committee or commission) and not just volitionally, voluntarily or for their own personal purposes, to observe the public meeting, and that the public meeting is in session. This provision is intended to promote the proper use of electronic communications devices by city officials and employees while participating in public meetings in order to ensure that all public meetings are conducted in accordance with all applicable laws, rules and regulations, including, without limitation, the Ralph
M. 
Brown Act ("Brown Act"); to ensure that all hearings and deliberations that occur during public meetings comply with due process and result in a complete administrative record; and to preserve proper decorum preventing behavior that might lead to the perception that the public official is not fully engaged.
1. 
Use of Electronic Communications Devices to Send and Receive E-Mail and Text Messages by City Officials Participating in Public Meetings. A city official participating in a public meeting shall not use an electronic communications device to communicate with another city official participating in the same public meeting, or any other person with respect to matters that are the subject of the public meeting. While not strictly prohibited, use of an electronic communications device by a city official while participating in a public meeting to communicate with persons other than another city official participating in the same public meeting on matters that are not the subject of the public meeting is highly discouraged, except in emergency situations. Therefore, while participating in a public meeting, a city official may: (a) send or receive e-mail and text messages to and from family members or family caregivers where absolutely necessary for the care of that family member, in the reasonable discretion of the city official; and (b) send or receive e-mail and text messages that must be sent or received to address urgent business matters of the city official, that do not involve city business, in the reasonable discretion of the city official.
2. 
Use of Electronic Communications Devices by City Employees to Send and Receive E-Mail and Text Messages during Public Meetings—Telephone Calls. A city employee shall not use an electronic communications device to communicate with a city official who is participating in a public meeting. While not prohibited, the use of electronic communications devices by city employees to send and receive e-mail and text messages while participating in a public meeting is highly discouraged, except when absolutely necessary in the reasonable discretion of the employee. Therefore, while participating in a public meeting, a city employee may: (a) send or receive e-mail and text messages to and from family members or family caregivers where absolutely necessary for the care of that family member, in the reasonable discretion of the employee; and (b) send or receive e-mail and text messages that must be sent or received to address matters related to city business, in the reasonable discretion of the city employee. A city employee shall not use an electronic communications device to make or receive a phone call during a public meeting while in the room where the public meeting is being held. City employees shall ensure that all ringers or other features of electronic communications devices that make any sound or noise are disabled when entering a public meeting. In no event shall using an electronic communications device by a city employee to send or receive e-mail or text messages or make or receive a phone call disturb or interfere with a public meeting.
3. 
Use of Internet by City Officials. The use of electronic communications devices by a city official participating in a public meeting to access the Internet is prohibited, with the following exception: the Internet may be used to access the agenda packet and all documents that compose that packet for the public meeting that the city official using the electronic communication device is participating in.
4. 
Use of Internet by Employees. The use of electronic communications devices by employees to access the Internet while participating in a public meeting is discouraged, with the following exceptions: (a) the Internet may be used to access the agenda packet for the public meeting; (b) the Internet may be used to access other city documents that are relevant to topics being discussed at the public meeting in the reasonable discretion of the city employee; and (c) the Internet may be used to do research on topics that are the subject of the public meeting in the reasonable discretion of the city employee. In no event shall using an electronic communications device by a city employee to access the Internet disturb or interfere with a public meeting.
5. 
Public Records Act. All city records whether paper or electronic are governed by the public disclosures requirements of the California Public Records Act ("PRA"). Therefore, any information sent or received by public officials or employees on either city-owned or personal electronic communications devices during public meetings, that pertains to city business and otherwise qualifies as a disclosable public record under the PRA will be subject to disclosure upon request.
6. 
Due Process. The federal and California constitutional guarantee of due process require that all relevant evidence considered during hearings or deliberations that take place during public meetings on matters that involve protected rights such as land use applications and permit and license grants, denials or revocations ("hearing"), be introduced into and made part of the public record. Therefore, any information sent or received by city officials on electronic communications devices prior to or during a hearing that the public official relies on in making his or her decision ("material information"), must be disclosed and made part of the public record. Public officials shall disclose material information prior to the close of the public hearing or public comment portion of the hearing, whenever practicable, and in every event, before any action is taken on the item at the hearing.
(Ord. 1234 § 2, 2012)
A. 
Injury and Illness Prevention Program (IIPP). The city has in place an injury and illness prevention program (IIPP) in accordance with California law, and which is available to all employees.
All employees are required to understand and comply with the general and specific elements in the IIPP in order to prevent occupational injuries and illnesses. All additional applicable federal, state or local laws or regulations pertaining to occupational injuries or illnesses will be complied with at all times.
1. 
Procedure. Any employee who incurs an on-the-job injury or illness will receive immediate and appropriate first aid or medical treatment. The employee and supervisor must then comply with their reporting responsibilities and procedures.
Whenever an incident occurs that requires any kind of first aid or medical treatment, no matter how minor, it is the responsibility of the affected employee or their supervisor to complete and submit a city first report of injury or illness as soon as practical and distribute the report to the department of human resources worker's compensation administrator and to the risk manager. The report is available from the department of human resources or from the city intranet safety and emergency page.
If the affected employee completes the report, it must be reviewed and approved by the employee's supervisor before it is submitted. Based on the first report of injury or illness, the department of human resources worker's compensation administrator will provide additional state-mandated reporting forms to the affected employee as appropriate. Failure to report an injury or illness as required by organization policy and state law could result in loss of compensation benefits and possibly lead to corrective action up to and including termination.
2. 
Reporting Responsibility. It is the responsibility of all employees to report immediately in writing to their supervisor all on-the-job injuries or illnesses regardless of how insignificant or minor the injury or illness may appear at the time. Incident report forms are provided for this purpose and may be obtained from any supervisor, human resources or the city's risk manager.
The supervisor will then complete a supervisor's incident investigation report form. These reports should be sent to the city's workers' compensation administrator and to the department of human resources. Failure to report an injury or illness as required by state law and organization policy could result in loss of compensation benefits and possibly lead to corrective action up to and including termination.
3. 
Drug Testing. When an employee sustains an injury or illness that requires outside medical treatment, the employee may also be subject to a screening for the presence of drugs and/or alcohol in their system, provided state law permits these tests.
When an employee is involved in a mobile equipment accident that results in significant damage, the employee will be subject to a screening for the presence of drugs and/or alcohol in their system, provided state law permits these tests. Any employee who refuses screening for the presence of drugs and/or alcohol will be subject to immediate termination.
4. 
Compensation During Injury Period. In the event the injury is of the nature that requires outside medical treatment, employees will be paid for their entire shift and should not clock out.
If subsequent medical visits are necessary, employees should schedule those during nonwork hours if possible. Employees should clock out if the appointment is during their regular work shift. If employees must miss work in order to receive authorized medical follow-up treatments for a work-related injury or illness, they will receive pay for up to two hours per visit.
B. 
Blood and Bodily Fluids Exposure. The city is concerned about employees who may be exposed to blood and other bodily fluids when rendering first aid to other employees.
The following procedures are to be used when administering first aid:
1. 
Always use the latex gloves that are provided by the city;
2. 
In the event CPR becomes necessary, a CPR micro-shield should be used. These are provided to all CPR certified employees by the city. Only those employees who are certified to perform CPR should perform CPR;
3. 
Any materials, including latex gloves and CPR micro-shields, used in administering first aid should be discarded in the red biohazard bags located in the first aid room;
4. 
Hands should be thoroughly washed following any first aid procedure.
The red biohazard bags will be picked up by special arrangement with the local waste management company on a regular basis.
C. 
Licensed Equipment Operators. In order to provide a safe working environment, equipment operators should be properly trained and licensed.
All equipment operators must be eighteen years of age and have a valid driver's license. On a regular basis, each operator must successfully complete the city's instructional course and a drug screening for certification to operate equipment.
Any unsafe actions by a licensed operator will lead to personnel corrective action up to and including termination.
Any employees choosing to operate equipment without proper training, license, and the consent of their supervisors will be subject to personnel corrective action up to and including termination.
D. 
Security and Loss Prevention. The city has installed and maintains an elaborate security system to protect the premises from fire, unlawful entry, and theft.
Employees will be given the details of the system if it is determined that such knowledge is necessary to perform their job duties.
Employees are encouraged to assist management in ensuring that the system is not compromised in any way. Tampering with the system, violating procedures, or revealing any details about the security system to others may result in personnel action, including termination.
E. 
Driver Authorization and Performance. The city requires that certain employees to be ready, able and licensed to drive as part of their employment classification.
The ability and willingness to drive safely are extremely important for those employees who are required to drive in the performance of duty. It is necessary to reduce the city's risk liability to a minimum level.
Employees who drive particular types of vehicles in the performance of their regular duties for the city are subject to the safety-sensitive provisions of the city's substance abuse policy.
The risk manager shall review and analyze all employee accidents in order to control and minimize the risk liability of the city.
1. 
Responsibility. The department manager or director may authorize driving privileges to an employee who must drive a city-owned, a city-leased and/or a privately owned motor vehicle to perform his or her assigned functions, provided the employee meets the following requirements:
a. 
Possession of an appropriate, valid California motor vehicle operator's license;
b. 
Has no physical impairment, which precludes driving with or without reasonable accommodations;
c. 
If a privately-owned vehicle is used, then employee must provide the city with a copy of a certificate of insurance showing minimum liability insurance coverage as required by the Financial Responsibility Law of the State Vehicle Code.
General principles for valid use of the vehicle under assigned functions would include:
a.
Use of the vehicle provides a defined approved benefit to the city;
b.
Would not be excluded by our insurance coverage requirements;
c.
Would prohibit nonemployee passengers unless they are present to further city business, i.e., a consultant.
2. 
Motor Vehicle Record Check. Motor vehicle record checks shall be made with the State Department of Motor Vehicles in the following instances:
a. 
New driver authorizations;
b. 
Renewals of driver authorizations;
c. 
Whenever deemed necessary by the city's risk manager or the city manager. All record checks shall be deemed confidential materials.
City employees eligible to drive city vehicles are part of the DMV "Pull Notice" program. The program, administered by the DMV, will notify the city when an employee's license has been suspended or revoked.
3. 
Cancellation of Driving Privileges. Driving privileges are canceled if a motor vehicle record check on the employee reveals that such driver has a suspended or revoked license, or when such employee retires, terminates, is discharged or whenever the privilege is no longer necessary for job functions.
4. 
Poor Driving Performance. When an employee is required to drive in the performance of duty, failure to drive safely must be a matter of concern to the department manager or director. Poor driving, as other poor performance, can be a basis for discipline as provided in subsection (E)(3) of this section and Article IV of this chapter.
5. 
Risk Manager. The city's risk manager shall review and analyze all employee accidents in order to control and minimize the city's risk of liability. It shall be considered evidence of poor driving performance any time an authorized driver is found responsible for one or more preventable on-the-job vehicle accidents resulting in injury or death, or property damage exceeding two hundred fifty dollars.
F. 
Workers' Compensation Policy. The city subscribes to and carries workers' compensation insurance for its employees who may be injured or suffer illness while at work.
Injuries occurring in the course of employment are paid for by workers' compensation insurance. Workers' compensation insurance pays all medical costs, without a deductible provision, and is paid for exclusively by the city.
1. 
Notice and Certification Requirements. Employees must report all accidents, injuries and illnesses, no matter how small, that occur during their work period to their immediate supervisor as soon as possible after the occurrence. In addition, employees must provide the city with a certification from a healthcare provider.
2. 
Guidelines. The following are well-defined provisions that must be met to ensure that employees qualify for workers' compensation benefits:
a. 
Any work-related injury or illness must be immediately reported in writing to the employee's supervisor;
b. 
The workers' compensation insurer will investigate all late reported claims;
c. 
When facts cannot be verified, the claim may be denied;
d. 
Any claim for an injury or illness caused by an employee's willful misconduct, alcohol, or drug usage or that occur during the employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the city will not be compensable;
e. 
Workers' compensation fraud is a felony, punishable by fines and/or jail time. The organization will prosecute any individual found to be claiming a work-related illness or injury fraudulently;
f. 
An approved physician must treat the injured employee. The city and its carrier in certain cases will assign specialists. Any treatment other than that approved by the city and its carrier will not be compensable. If requested, in writing, prior to an injury or illness, the city will permit employees to go to their own healthcare provider to obtain treatment.
3. 
Worker's Compensation Benefits. There are two types of workers' compensation benefits paid to an employee with a work-related injury or illness:
a. 
Medical benefits:
i. 
Physician's Fees. The approved physician who provides treatment is paid through the workers' compensation insurer;
ii. 
Hospital Fees. Paid in full;
iii. 
Pharmacy Costs. Paid in full if prescribed by an approved physician; iv. Special Costs. Any other medical costs including but not limited to braces, crutches, physical therapy, and rehabilitation therapy if deemed necessary by an approved physician will be paid in full according to state law.
b. 
Wage replacement benefits:
i. 
Wage replacement benefits are paid during the time employees are temporarily disabled from a workrelated injury or illness. Employees receive a percentage of their salary as set by state law.
The workers' compensation laws provide for a waiting period before injured employees become eligible for wage replacement benefits. Employees will be covered for the period of disability to the limit allowed under state workers' compensation law. The workers' compensation insurer will pay the employee. The check will be mailed to the employee's home address.
4. 
Compensation During Leave. Employees may utilize any accrued vacation time, sick time and any other accrued paid time off during the leave. All such payments will be coordinated with any short or long-term disability, workers' compensation, or other wage reimbursement benefits for which employees may be eligible.
At no time shall an employee receive a greater total payment than the employee's regular salary.
5. 
Benefits During Leave. If the employee taking workers' compensation disability leave is eligible for leave under the Federal or State Family and Medical Leave Laws, the city will maintain the employee's group health insurance coverage for twelve work weeks if that benefit has not been previously exhausted during the current family leave year and if such insurance was provided before the leave was taken, and on the same terms as if the employee had continued to work.
Employees on workers' compensation disability who do not receive continued paid coverage, or whose paid coverage ceases after twelve work weeks, may continue their group health insurance coverage through the city in conjunction with COBRA guidelines, if applicable, by making monthly payments to the city for the amount of the relevant premium.
Upon return from leave of absence, benefits will resume accruing in accordance with the specific requirements of each benefit.
Employees should contact the human resources department for further information.
6. 
Sick and Vacation Leave Accrual. Vacation and sick leave will accrue during workers' compensation leave.
7. 
Modified Duty. Employees who decline temporary modified duty in order to return to work from a leave of absence due to a workers' compensation injury will be considered to have resigned and their employment with the city will be terminated.
If an employee is eligible for family and medical leave due to the employee's personal health condition, the employee will have his or her workers' compensation benefits terminated if he or she refuses temporary modified duty for which the employee is qualified.
8. 
Reinstatement. Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a workers' compensation leave, the employee will be reinstated to his or her same position held at the time the leave began or to an equivalent position in terms of salary, duties, and promotional opportunities.
An employee returning from a workers' compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers' compensation leave would have been laid off had he or she not gone on leave, or if the employee's position has been eliminated or filled in order to avoid undermining the city's ability to operate safely and efficiently during the leave, and there are no equivalent positions available, then the employee would not be entitled to reinstatement.
9. 
Failure to Return to Work. Any employee who fails to return to work after being released by an approved physician, as determined by the city's carrier, will be considered to have resigned and will be terminated from employment with the city.
G. 
Temporary Modified Duty Policy. The city has a temporary modified duty policy for injured or ill employees who are able to return to work in other capacities.
The city is committed to providing work, when possible, for employees who have been restricted by a physician due to a work-related injury or illness. Such work:
1. 
Will be provided subject to availability;
2. 
Will be assigned due to the nature of the injury or illness and the limitations set forth by the treating physician; and
3. 
Every effort will be made to place employees in positions within their own departments, but if necessary, employees will be placed wherever an appropriate position is available.
While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees who are placed outside their department will continue to have their salary charged to their regular department.
Employees on temporary modified duty must furnish a written update of their medical condition to his or her supervisor with a copy to the department of human resources from the treating physician after each visit in order to remain in the reassigned job.
Temporary modified duty assignments are limited to a period of ninety days, subject to review.
Being placed on a temporary modified duty assignment does not excuse an employee from following all of the city's rules, regulations and policies.
(Ord. 1072, 2004; Ord. 1345 § 3, 2019)
In the event of declared city emergency, all city employees are emergency service workers. If an emergency occurs during nonwork hours, employees must attempt to contact the city emergency response hotline as published in the "City Hall Emergency Procedures and Emergency Phone Numbers" book provided to all employees, for the declaration of emergency, and the status of city operations. If unable to reach the hotline, all employees should, unless physically incapacitated, return to work as soon as practical after the emergency has occurred. The emergency handbook also lists an emergency message line phone number for employees to call to leave a message if they cannot report in a timely manner. Employees who are primary or alternate emergency response team members are to report to the emergency operations center for emergency team assignment by their section chief. All other employees not listed on the team may also be assigned emergency team duties as necessary, and are to report to work.
(Ord. 1072, 2004)