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.
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Any questions about this policy should be directed to the department
of human resources.
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(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:
b. Any supervisor or manager within or outside of the department;
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:
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1.
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Treating all employees and contractors with respect and consideration.
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2.
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Modeling appropriate behavior.
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3.
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Participating in periodic training.
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4.
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Fully cooperating with the employer's investigations by responding
fully and truthfully to all questions posed during investigation.
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5.
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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.
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6.
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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.
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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.
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Threats or acts of physical or aggressive contact directed toward
another individual;
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B.
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Threats or acts of physical harm directed toward an individual
or his or her family, friends or associates;
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C.
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The intentional destruction or threat of destruction of city
property or another employee's property;
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D.
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Harassing or threatening phone calls;
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E.
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Surveillance;
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F.
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Stalking;
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G.
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Possession of offensive or defensive weapons;
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H.
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Veiled threats of physical harm or similar intimidation;
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I.
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Any conduct relating to violence or threats of violence that
adversely affects the city's legitimate business interests.
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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.
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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:
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a.
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Use of the vehicle provides a defined approved benefit to the
city;
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b.
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Would not be excluded by our insurance coverage requirements;
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c.
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Would prohibit nonemployee passengers unless they are present
to further city business, i.e., a consultant.
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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)