1993-115-Approving And Adopting Revised Town Personal RulesRESOLUTION 1993 -115
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING AND ADOPTING REVISED TOWN PERSONNEL RULES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, does hereby approve and adopt the revised Town Personnel
Rules establishing specific procedures and regulations governing the personnel system (a
copy of which is attached hereto).
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 2nd day of August, 1993 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYES: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
i
SIGNED: M ��
OR OF THE TOWN O:1~3 LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
E
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SECTION
1
`a
TOWN OF LOS GATOS
PERSONNEL RULES AND REGULATIONS
TABLE OF CONTENTS
TITLE PAGE
Definition of Terms ....... ............................... 1
1.1 Personnel Ordinance 1
1.2 Amendment of Rules ............................... 1
1.3 Violation of Rules .. ............................... 1
1.4 Conflict with Memoranda of Understanding .............. 1
Definition of Terms ....... ............................... 2
2.1 Allocation ......... ..............................2
2.2 Appointing Authority ............................... 2
2.3 Board ............ ..............................2
2.4 Chair ............. ..............................2
2.5 Classification 2
2.6 Competitive Service . ............................... 2
2.7 Demotion ......... ..............................2
2.8 Department Head ... ..............................2
2.9 Elected Officials ... ............................... 2
2.10 Eligible .......... ............................... 2
2.11 Employee ......... ..............................2
2.12 Eligible List ....... ............................... 2
2.13 Examination ....... ............................... 2
2.13.1 Open - Competitive Examination .................. 2
2.13.2 Promotional Examination ...................... 3
2.13.3 Unassembled Examination ..................... 3
2.13.4 Oral Examination ............................ 3
2.14 Hourly Employee ... ............................... 3
2.15 Overtime Work ..... ..............................3
2.16 Personnel Ordinance ............................... 3
2.17 Probationary Period . ............................... 3
2.18 Promotion ......... ..............................3
2.19 Provisional Appointment ............................ 3
2.20 Regular Employee .. ............................... 3
2.21 Reinstatement ..... ............................... 3
2.22 Rejection .......... ..............................3
2.23 Salaried Employee .. ............................... 3
2.24 Salary Step Advancement ............................ 3
2.25 Salary Step Reduction .............................. 3
2.26 Suspension ......... ..............................3
2.27 Temporary Appointment ............................ 3
2.28 Transfer ........... ..............................3
i
3
2
5
T
6
Personnel Board .......... ..............................4
3.1 Meetings .......... ..............................4
3.2 Public Hearings .... ............................... 4
Classification ............ ............................... 5
4.1 Preparation of Plan . ............................... 5
4.2 Adoption of Plan ... ............................... 5
4.3 Allocation of Positions .............................. 5
4.4 New Positions ..... ............................... 5
4.5 Reclassification ..... ..............................5
The Selection and Appointment Process .......................
6
5.1
Application Process . ...............................
6
5.2
Application Forms
.. ...............................
6
5.3
Disqualification of Applications .......................
6
5.4
Notice of Rejection of Application .....................
6
5.5
Appeal Procedure ... ..............................7
5.6
Selection Process
7
5.7
Waiver of Responsibility ............................
7
5.8
Promotional Examinations
7
5.9
...........................
Scoring Qualifying Grade
and .........................
7
5.10
Notice of Results ... ...............................
7
5.11
Inspection of Examination Papers ......................
7
5.12
Appeal of Grade
5.13
.... ..............................8
Eligible List
....... ...............................
8
5.14
Eligible List Duration ..............................
8
5.15
Removal of Name
5.16
.. ...............................
Type of Appointments
8
5.17
..............................
Appointments
8
5.18
...... ..............................8
Provisional Appointments ............................
9
Employment Status ...... ............................... 10
6.1 Probationay, Employment ........................... 10
6.1.1 Probation Objective .......................... 10
6.1.2 Rejection During Probation ..................... 10
6.1.3 Probation After Promotion ..................... 10
6.2 Regular Employment .............................. 10
6.3 Hourly Employees . ............................... 11
6.4 Temporary Employment ............................ 11
Leaves of Absence ....... ............................... 12
7.1 Requirments of Attendance ......................... 12
7.2 Sick Leave ....... ............................... 12
7.3 Holidays ........... ..........................12 -13
7.4 Vacation ........ ............................... 13
7.5 Jury Duty /Court Appearances ....................... 13
ii
7.6
Bereavement Leave
16
7.7
...............................
Military Leave
13
7.8
.... ...............................
Maternity Leave
14
7.9
... ...............................
Family /Medical Leave
14
7.10
.............................
Leave Without Pay
14
7.11
. ...............................
Eligibility of Benefits
14
10.5
..............................
15
8.6
7.11.1 Temporary Employees ........................
15
8.7
7.11.2 Part -Time Employees ........................
15
7.12
Supervisory Discretion .............................
15
7.13
Exhaustion of Leaves
17
..............................
15
8 Compensation and Payroll Practices .........................
16
8.1
Preparation of Plan ...............................
16
8.2
Adoption of Plan
8.3
.. ...............................
Authorization of Overtime
16
..........................
8.3.1 Restriction of Overtime
16
8.4
........................
Overtime Assignments
16
8.5
.............................
Overtime Pay
16
10.5
..... ...............................
16
8.6
Definition of Exempt Employee ......................
17
8.7
Miscellaneous Provisions ...........................
17
8.7.1 Out -of Classification Pay .......................
17
8.7.2 Anniversary Date ............................
17
8.7.3 Salary Step Advancement
21
10.6
......................
17
8.7.3.1 Initial Step Advancement .................
17
8.7.4 Work Week . ...............................
17
8.7.5 Meal Period . ...............................
18
8.7.6 Rest Period . ...............................
18
9 Performance Evaluations .. ...............................
19
9.1 Performance Evaluations ........................... 19
9.2 Performance Reports .............................. 19
10 Transfers, Resignation, Layoff,
Reinstatement, Reemployment ............................. 20
10.1
Voluntary Transfer . ...............................
20
10.1.1 Probationary Employees
10.2
......................
Involuntary Transfer
20
...............................
10.2.1 Right of Appeal
20
10.3
............................
Resignation
20
10.4
...... ...............................
Job Abandonment
21
10.5
............... I................
Layoff Policy and Procedure
21
.........................
10.5.1 Statement of Intent
21
..........................
10.5.2 Notification . ...............................
21
21
10.5.3 Order of Layoff .............................
21
10.5.4 Re- employment of Rights for
Laid -off Employees ...........................
21
10.6
Reinstatement
.... ...............................
22
iii
11 Grievance Procedure ..... ............................... 23
12 Disciplinary Actions ...... ............................... 24
12.1 Suspension ....... ............................... 24
12.2 Reduction in Pay .. ............................... 24
12.3 Demotion ....... ............................... 24
12.4 Termination ...... ............................... 24
12.5 Grounds for Discipline ........................... 24 -26
12.6 Procedures for Taking Disciplinary Action .............. 26
12.6.1 Notice of Intent ............................ 26
12.6.2 Response by Employee ....................... 26
12.6.3 Final Notice ............................... 27
13 Appeals Hearing Procedure ............................. 28 -30
14 Records and Reports ..... ............................... 31
14.1 Personnel Files ... ............................... 31
14.2 Personnel Action Forms ............................ 31
15 Management Rights ...... ............................... 32
15.1 Management Rights Provision ....................... 32
16 Miscellaneous Policies .... ............................... 33
16.1
Harassment Policy and Complaint Procedure ..........
33 -34
16.2
Outside Employment ............................
35 -36
16.3
Employee Dress Code .............................
36
16.4
Nepotism Policy . ...............................
36 -37
16.5
Disability Discrimination Policy and
Complaint Procedure ...........................
37 -42
16.6
Policy on the Prohibition of the
Use of Drugs and Alcohol .......................
42 -44
16.7
Policy on Gifts, Gratuities or Rewards ...............
44 -45
16.8
Policy on Use of Town Computers, Software
and Related Equipment .........................
45 -47
16.9
Non - Smoking Policy ...............................
47
iv
TOWN OF LOS GATOS
PERSONNEL RULES AND REGULATIONS
DRAFT
COVERAGE
These rules establish the personnel system for the Town of Los Gatos. These rules shall apply to all
employees of the Town except those employee groups who are excluded. Those employees or employee
groups excluded are:
(1) Elective officers and their duly appointed deputies.
(2) Members of appointive boards, commissions and committees.
(3) Persons engaged under contract.
(4) Volunteer personnel who receive no regular compensation from the Town.
(5) The Town Manager, department heads, management employees and the Town Attorney.
(6) Confidential, temporary, and provisional employees.
These employees or employee groups hold their positions at the will of the Town Council or Town Manager
and are not obligated by or entitled to benefits provided by these rules.
SECTION I
GENERAL PROVISIONS
1.1 PERSONNEL ORDINANCE
Personnel Rules are adopted pursuant to the Personnel Ordinance, Chapter 2 of the Town
Code.
1.2 AMENDMENT OF RULES
Recommendation for amendment and revisions of these Rules may be made by the Town
Manager. Prior to consideration, an amendment or revision shall be publicly posted for at
least five consecutive days, together with notice of the time, place, and date of hearings by
the Town Council. At the time of consideration, any interested person may appear and be
heard. Amendments and revisions shall become effective upon adoption by the Town
Council following such hearing.
1.3 VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds for rejection of applicants or
disciplinary action of incumbent employees.
1.4 CONFLICT WITH MEMORANDA OF UNDERSTANDING
Whenever a conflict occurs between the Personnel Rules and Regulations and the
Memoranda of Understanding, the Memoranda of Understanding shall prevail.
SECTION 2
DEFINITION OF TERMS
The following terms, wherever used in these Rules, shall be defined as follows:
2.1 "Allocation ": The assignment of a single position to its proper classification and title in accordance
with its duties and responsibilities.
2.2 "Appointing Authority': The officers of the Town who by law have the authority to make the
appointment to the position to be filled:
1. Council as to appointment of Manager and Attorney.
2. Town Attorney as to employees working under his /her direction.
3. Elected Clerk and Treasurer as to employees and deputies working under the
direction of each.
4. Town Manager as to all other personnel. Any department manager having a
vacancy in a position under his /her direction shall recommend his /her choice of
the candidate to be hired for a vacant position, and the Town Manager shall have
the authority to approve or disapprove such appointment pursuant to the Personnel
Ordinance and the Personnel Rules.
2.3 "Board ": The Personnel Board.
2.4 hair": The Chairperson of the Personnel Board.
2.5 "Classification ": All positions sufficiently similar in duties and responsibilities, and working conditions,
to permit grouping under a common classification with a common title, and to permit the application
with equity of common standards of selection, transfer, promotion, and salary.
2.6 "Competitive Service": The positions and employments which are included or which may hereafter
be included under the personnel system by ordinance.
2.7 "Demotion ": The movement of an employee from one position to another which is allocated to a
classification having a lower maximum rate of pay.
2.8 " Department Head ": The person appointed by an appointing power to be in charge of a department.
2.9 "Elected Officials ": Town Councilmembers, Town Clerk and Town Treasurer.
2.10 "Eligible ": A person whose name is on an employment list.
2.11 "Emolovee ": Any person, other than an elective official, hired to work for the Town at a regular
salary in a position the duties of which are subject to direct supervision and control by or in behalf
of the Town Manager. Independent contractors and members of Town Boards and Commission,
whether or not compensated, shall not be deemed to be employees within the meaning of these
Rules. These rules shall be deemed applicable only to positions and persons holding them to which
Personnel Ordinance of the Los Gatos Town Code is applicable.
2.12 "Eligible List": A list of names of persons who have taken an examination for a classification in the
competitive service and passed, and are ranked on the list in the order of the score received.
2.13 "Examination ":
2.13.1. Open - Competitive Examination: An examination for a particular classification which
is open to all persons meeting the qualifications.
-2-
2.13.2. Promotional Examination: An examination for a particular classification, admission
to which is limited to permanent and probationary employees in the competitive
service who meet the qualifications.
2.13.3. Unassembled Examination: An examination consisting of an appraisal of training,
experience, work history, or any other means for evaluating relative qualifications
of applicants without the necessity for their personal appearance at a specfled
place and time.
2.13.4. Oral Examination: An examination wherein interviews of each accepted applicant
are conducted by one or more persons selected by the Personnel Officer. Each
applicant is rated as to relative ability to qualify for the classification based on
training, experience, personal qualities, oral presentation and other pertinent
qualifications.
2.14 "Hourly Emplovee ": An employee who is subject to the overtime requirements of the Fair Labor
Standards Act (FLSA) and whose compensation is based on an hourly rate.
2.15 "Overtime Work ": Work which is required and authorized in excess of the basic work week for the
department and classification involved.
2.16 "Personnel Ordinance ": Chapter 2, Article Ili, Division 6 of the Town Code.
2.17 "Probationary Period ": A working test period during which an employee is required to demonstrate
his /her fitness for the duties to which he /she is appointed by actual performance of the duties of
the position.
2.18 "Promotion ": The movement of an employee from one position to another which is allocated to a
classification with a higher maximum rate of pay.
2.19 "Provisional Appointment ": An appointment by an appointing power of a person who possesses the
minimum qualifications established for a particular classification and who has been appointed to a
position in the competitive service in that classification in the absence of available eligibles.
2.20 "Regular Employee": An employee who has successfully completed his /her probationary period and
has been retained with regular status as hereafter provided in these Rules.
2.21 "Reinstatement ": The reemployment without examination of a former regular or probationary
employee.
2.22 "Rejection ": The separation of an employee from the service during his /her probationary period.
2.23 "Salaried Employee": An employee who is not subject to the overtime requirements of the Fair Labor
Standards Act (FLSA) and whose compensation is based on a bi- weekly salary rate.
2.24 "Salary Step Advancement ": A salary increase of one or more steps within the limits of the pay
range established for a classification.
2.25 "Salary Step Reduction ": A salary decrease within the limits of the pay range established for a
classification.
2.26 "Suspension": The temporary separation from the service of an employee without pay for
disciplinary purposes.
2.27 "Temporary Appointment ": An appointment of a person to a position of limited duration.
2.28 'Transfer": A change of an employee from one position to another position in the same class or in
a comparable class with the same maximum rate of pay.
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SECTION 3
PERSONNEL BOARD
3.1 MEETINGS
The Personnel Board shall meet as required in order to carry out its responsibilities, or on call of the
Chair or two members of the Board. Three members of the Board shall constitute a quorum for the
transaction of business.
Any regular meeting may be adjourned to a time certain and to a place designated by the Chair.
All members of the Board shall receive notice of any meeting of the Board.
The Board shall select its Chair and adopt its own rules of order not otherwise provided by Town
Code.
3.2 PUBLIC HEARINGS
Hearings conducted by the Personnel Board shall be public and subject to Government Code
Sections 54950 et. sea. They shall be conducted in private if they pertain to the appointment,
employment or discipline of a Town employee or pertain to the hearing of a complaint or charge
brought against an officer or employee of the Town, unless such officer or employee requests a
public hearing. Such body may also exclude from any such public or private meeting, during the
examination of a witness, any or all other witnesses in the matter being investigated by the legislative
body. The hearing need not be conducted according to technical rules relating to evidence and
witnesses.
In any investigation or hearing conducted by the Board, it shall have the power to examine witnesses
under oath and compel their attendance or production of evidence by subpoenas issued in the name
of the Town and attested to by the Town Clerk. Each member of the Personnel Board shall have
the power to administer oaths to witnesses.
When requested by the Town Manager or the Town Council, the Personnel Board shall hold hearings
and make recommendations on any matter of personnel administration within the limits of the
request of the Council or Town Manager.
C9
SECTION 4
CLASSIFICATION
4.1 PREPARATION OF PLAN
The Personnel Officer shall be responsible to ascertain and record the duties and responsibilities
of all positions in the competitive service and, after consultation with appointing powers and head
of departments affected, shall develop a classification of such positions.
The classification plan shall consist of classifications of positions in the competitive service defined
by class specifications, including title, a description of essential duties and responsibilities of
positions in each class, a statement of the essential and desirable training, experience and other
qualifications for positions in each class. The classification plan shall be similar with respect to
duties, responsibilities, and character of work that are included within the same classification. The
same schedule of compensation shall be made to apply with equity under like working conditions
to all positions in the same classification.
4.2 ADOPTION OF PLAN
Before the classification plan or any part thereof shall become effective, it shall first be approved in
whole or in part by the Town Council. Public notices giving the date and hour at which Council shall
consider it shall be posted in the manner prescribed in these Rules. The Council may, upon the
conclusion of said public consideration, make such changes or modifications of the plan as it shall
deem warranted.
Upon adoption by resolution of the Council, the provisions of the classification plan shall be
observed in the handling of all personnel actions and activities. The job classification plan shall be
amended or revised when required in the same manner as originally established.
4.3 ALLOCATION OF POSITIONS
Following the adoption of the classification plan, the Personnel Officer shall allocate every position
in the competitive service to one of the classifications established by the plan.
4.4 NEW POSITIONS
When a new position is created, before the same may be filled the appointing power shall notify the
Personnel Officer, and except as otherwise provided by Town Code or these Rules, no person shall
be appointed or employed to fill such position until the classification plan shall have been amended
to provide therefore and an appropriate employment list has been established for such position.
4.5. RECLASSIFICATION
Positions, the duties of which have changed materially so as to necessitate reclassification, shall be
allocated by the Personnel Officer to a more appropriate class, whether new or already created.
Reclassification shall not be used for the purpose of avoiding restrictions concerning demotions and
promotions.
.6-
SECTION 5
THE SELECTION AND APPOINTMENT PROCESS
5.1 APPLICATION PROCESS
Whenever an open competitive examination is to be given for a position, the Personnel Officer or
designee shall at least 10 calendar days prior to the final filing date, publish an appropriate classified
advertisement regarding the position in one or more regional newspapers of general circulation, at
least one of which shall have substantial circulation in areas with significant representation of
minority groups, and the Personnel Officer or designee shall mail an announcement regarding the
position to such colleges, universities, and employment offices as he /she determines are appropriate
for the position, including, but not limited to those located in minority areas. Announcements of all
open and promotional openings shall also be posted on bulletin boards at the various Town facilities
for employees' review. The Personnel Officer or designee may also undertake whatever other
recruiting activities he or she feels are necessary or desirable to fill a particular position in a way
which meets the Town's goal of obtaining the most qualified employees.
The Announcement shall include: Title and pay for the position; the nature of the work to be
performed; the minimum qualifications; the essential functions of the position; a reasonable
accomodation statement; whether the position is "at -will" or "regular"; the time and place of
examination, if known; the method of applying; the closing date for the application, if one is
established; and such other information as seems desirable in the discretion of the Personnel Officer
or designee.
5.2 APPLICATION FORMS
Job applications shall be made on forms provided by the Personnel Officer or designee. All
applications must be completed in full and signed by the person applying.
5.3 DISQUALIFICATION OF APPLICATIONS
The Personnel Officer or designee shall reject an application, or after examination, shall disqualify
or remove the applicant's name from an eligible list, if the applicant:
1. Has made false statements of any material fact, or practiced any deception or fraud on the
application, declarations or in securing eligibility appointment;
2. Is found to lack any of the requirements, certifications, or qualifications for the position
involved;
3. Is physically or psychologically unfit for the performance of the position duties, and cannot
be reasonably accommodated, including, but not limited to, impairment caused by current
abuse of alcohol or drugs;
4. Is a relative of an employee, and is subject to the Nepotism Policy in SECTION 16.4.
5. Has been convicted of a crime, either a misdemeanor or felony, that relates to the position
duties that the applicant would perform;
6. Used or attempted to use political pressure or bribery to secure an advantage in the
examination or appointment;
7. Directly or indirectly obtained information regarding examinations;
8. Failed to submit the employment application correctly or within the prescribed time limits;
9. Has had his /her privilege to operate a motor vehicle in the State of California suspended
or revoked, if driving is job related;
10. For any material cause which in the judgment of the Personnel Officer or designee would
render the applicant unfit for the position, including a prior resignation from the Town,
termination from the Town, or a significant disciplinary action.
5.4 NOTICE OF REJECTION OF APPLICATION
Defective applications may be returned to the applicant with notice to amend and refile, provided
that the time limit for receiving applications has not expired. Whenever an application is rejected,
notice of such rejection shall be mailed to the applicant by the Personnel Officer or designee.
-6-
5.5 APPEAL PROCEDURE
If the application is rejected, the applicant can appeal the rejection to the Personnel Officer or
designee within] working days of notice. The Personnel Officer or designee shall review the appeal
and affirm the rejection or reinstate the applicant. The Personnel Officer or designee's decision is
final.
5.6 SELECTION PROCESS
After the time limit for receiving applications for a particular position has expired, the Personnel
Officer or designee shall determine the total number of applicants who meet the minimum
qualifications for the positions. The chosen applicants shall then be given further examination in
order to obtain a score and ranking on the eligible list.
5.7 WAIVER OF RESPONSIBILITY
Candidates required to take part in physical agility or demonstration tests will be required to sign
a waiver of responsibility freeing the Town of all liability arising from injury incurred during the
examination.
5.8 PROMOTIONAL EXAMINATIONS
When the Personnel Officer or designee finds that it is in the best interests of the Town, vacancies
in the competitive service shall be filled by promotion from within the competitive service, after an
eligibility list is established. Only employees who meet the requirements for the classification set
forth in the promotional examination announcements may be admitted to promotional examinations.
If, in the opinion of the Personnel Officer or designee, it is in the best interest of the Town to use
an open, competitive examination instead of a closed, promotional examination, then he /she shall
call for applications for the vacancy and arrange for an open, competitive examination and for the
preparation and certification of an eligible list. If, in his /her judgment, it is in the Town's best
interest, the Personnel Officer or designee may arrange an examination which is both open and
promotional.
When an employee is promoted, his /her salary shall be that approved by the Town Manager, except
that the salary shall be at a step in the range which is at least equal to or higher in salary than the
employee's present base salary.
5.9 SCORING AND QUALIFYING GRADE
Failure in one part of the examination, or to meet established standards described in the job
announcement will be grounds for declaring such applicant as failing in the entire examination or
as disqualified for subsequent parts of an examination. A candidate's final score in a given
examination shall be the average of the scores on each competitive part of the examination on which
the applicant qualified, weighted as shown in the examination announcement.
5.10 NOTICE OF RESULTS
Each applicant shall be notified by mail of the examination results, including the final earned score
and ranking on the eligible list, if applicable.
5.11 INSPECTION OF EXAMINATION PAPERS
Any candidate shall have the right to inspect his /her own examination paper during normal working
hours within 7 calendar days after the notices of examination results are mailed. Any error in
computation, or incorrectly scored written test answers which are called to the attention of and
confirmed by the Personnel Officer or designee shall be corrected, and the final score shall be
adjusted accordingly. Such corrections shall not, however, invalidate appointments previously made.
Examination papers of applicants are not subject to inspection by the public nor by other applicants.
-7-
5.12 APPEAL OF GRADE
Within the time period permitted for inspection by subsection of this section, an applicant may
appeal the grade assigned on any part of an examination. The appeal shall be in writing and shall
state the specific grounds for reconsideration. All appeals and correspondence relating thereto shall
be submitted to the Personnel Officer or designee for consideration. The Personnel Officer or
designee may permit the appellant to be heard. Within¢ working days from receipt of appeal, the
Personnel Officer or designee shall make a determination of the final grade, which shall be final for
all purposes.
5.13 ELIGIBLE LIST
After completion of an open or promotional examination, the Personnel Officer or designee shall
prepare an eligible list consisting of the names of candidates who passed the examination, arranged
in order of final score, from the highest to the lowest. Notwithstanding any other provision of these
rules, if there are less than three (3) names on an eligible list, the Personnel Officer or designee may
declare such list void and fill the position (s) by any method permitted by these Personnel Rules,
including, but not limited to, undertaking new recruiting and testing procedures. Eligible lists shall
become effective upon the certification by the Personnel Officer or designee.
5.14 ELIGIBLE LIST DURATION
Eligible lists shall remain in effect 12 months, unless the Personnel Officer or designee abolishes the
list, the list is exhausted or extended by the Personnel Officer or designee. The Personnel Officer
or designee may abolish or extend the list at any time prior to the expiration of the list R he /she
determines that it is in the best interest of the Town to do so.
5.15 REMOVAL OF NAME
The name of any person appearing on an eligible list shall be removed by the Personnel Officer or
designee it the eligible so requests in writing, or fails to respond to a notification of an opening from
the Personnel Officer or designee.
5.16 TYPE OF APPOINTMENTS
Vacancies may be filled by reemployment, promotion, transfer, demotion, appointment of hourly
employees, or from the appropriate eligible list, if available. No specific list shall have priority over
other lists. The Personnel Officer or designee shall decide in what manner the vacancy is to be
filled.
5.17 APPOINTMENTS
The Appointing authority shall make final appointments. When a position is to be filled from a
promotional or open eligible list, the Appointing Authority or his /her individual department designee
shall choose from the specified list any of the candidates on the eligible list. If no person among
the candidates indicates a willingness to accept the appointment, the the Appointing Authority may
request a new examination to establish a new eligible list, or may fill the position by any other
method authorized by these Personnel Rules.
The person accepting appointment shall report to the Personnel Officer or designee on the date
designated by the Personnel Officer or designee; otherwise, the applicant shall be deemed to have
declined the appointment.
-8-
5.18 PROVISIONAL APPOINTMENTS
In the absence of appropriate eligibility lists, a provisional appointment may be made by the
appointing power and, with the approval of the Personnel Officer, of a person meeting the minimum
training and experience qualifications for the position. An employment list shall be established within
six (6) months for any permanent position filled by provisional appointment. The Town Manager may
extend the period for any provisional appointment for not more than thirty (30) days by any one
action.
No special credit shall be allowed in meeting any qualifications or in the giving of any test or the
establishment of any open, competitive promotional lists, for service rendered under a provisional
appointment.
0
SECTION 6
EMPLOYMENT STATUS
6.1 PROBATIONARY EMPLOYMENT
All original and promotional appointments shall be tentative and subject to a probationary period
of one (1) year of actual and continuous service. Paid or unpaid leave exceeding five (5) days
(consecutive or not) shall automatically extend the probationary period by that number of days the
employee is on leave and if the unpaid leave exceeds the balance probationary period.
The probationary period may be extended by the Department Head, or Personnel Officer or
designee for a period of six (6) months of actual and continuous service. If the Department Head
or Personnel Officer or designee determines that the probationary period should be extended, the
probationary employee shall be given notice in writing prior to the expiration of the original
probationary period.
6.1.1 PROBATION OBJECTIVE
The probationary period shall be regarded as a part of the testing process and shall be used
for closely observing the employee's work to determine the employees fitness for the
position.
6.1.2 REJECTION DURING PROBATION
An employee may be rejected at any time during the probationary period without cause
and without the right of appeal.
6.1.3 PROBATION AFTER PROMOTION
On accepting a promotion, an employee serves a new probationary period of six (6) months
of actual and continuous service. An employee does not acquire regular status in the
promotional position until the successful completion of this probationary period. If the
employee fails to satisfactorily complete the probationary period in the promotional position,
the employee shall be entitled to return to the position held prior to promotion at the range
and step held prior to promotion. The employee is not entitled to notice or a hearing if
rejected during probation.
6.2 REGULAR EMPLOYMENT
Reaular Full -Time Employment: Employees who successfully complete their probationary period
and who regularly work a minimum of 40 hours per week shall become full -time regular employees
and shall be entitled to all the benefits provided herein.
Reaular Part-Time Employment: Employees who regularly work less than 40 hours a week but 20
hours or more a week, who successfully complete their probationary period shall become part -
time regular employees and shall be entitled to regular status equal to the hours worked when
compared to 40 hours per week. Benefits provided for part -time employment shall be pro -rated
based upon the comparison of hours worked to 40 hours per week.
Performance Reports shall be prepared for every employee during his /her probationary period
pursuant to these Rules. The Performance Report for the final three months of probation for any
employee shall be prepared in time to be forwarded by the department manager or appointing
power to the Personnel Officer or designee to be received at least fifteen (15) days prior to the last
day of the probationary period. This Performance "Report shall be accompanied by the Personnel
Action Form on which employee shall either be recommended for rejection prior to the end of the
probationary period or recommended for approval as a regular employee commencing at the end
of the probationary period.
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6.3 HOURLY EMPLOYEES
Employees who work less than 20 hours per week and not more than 1000 hours in a fiscal year.
Employees working less than 20 hours per week do not acquire regular status and are not entitled
to benefits. Such employees serve at the pleasure of the appointing authority.
6.4 TEMPORARY EMPLOYMENT
Without following the rules regarding recruitment and selection, the Town may hire employees on
a temporary basis, usually for up to 180 days, or for completion of a specific task or project. The
period of temporary appointment may be extended by the Town for up to an additional 180 days.
Temporary employees serve at the pleasure of the appointing authority and may be removed at any
time without cause, notice or any right of appeal. Temporary employees are not eligible for benefits.
_t1_
SECTION 7
LEAVES OF ABSENCE
7.1 REQUIREMENTS OF ATTENDANCE
Any unauthorized absence may be cause for disciplinary action, up to and including discharge from
employment. Authorized absence is defined as: Permission to be absent from duty for a specified
purpose, with the right to return before or upon the expiration of the leave period.
Employees shall be in attendance at their work in accordance with the Rules regarding hours of
work, leave and related provisions. Department Heads shall be responsible for maintaining
employee attendance records which shall be transmitted to Payroll on standardized forms and at
times specified by the Finance Manager or designee.
Except in extraordinary circumstances, an employee who is unable to report for work at the
beginning of his or her work day or shift as established by the department head, shall notify his /her
supervisor at the commencement of such shift. Failure to provide such notification shall result in
the unreported period of absence for the first day being considered as leave without pay. An
employee who is absent without notification may be subject to separation or disciplinary action up
to and including discharge from employment.
7.2 SICK LEAVE
Sick leave is defined as absence because of illness, injury, exposure to contagious disease, care
of a sick member of the employee's immediate family, or doctor and dental appointments when it
is not feasible to schedule them on the employee's own time.
Immediate family shall mean and include the following persons and no others:
(1) A husband or wife of the employee.
(2) A child, step -child or adopted child of the employee.
(3) A father or father -in -law or a mother or mother -in -law of the employee.
The accrual and use of sick leave shall be governed by the following provisions:
(1) Employees shall accrue sick leave at the rate of eight (8) hours for each full month of
service.
(2) Sick leave shall not be considered as a privilege which an employee may use at his /her
discretion, but shall be allowed only in case of necessity and actual sickness or disability
of the employee or within the immediate family.
(3) In order to be entitled to sick leave, an employee who is unable to report for work shall
so notify his /her supervisor commencement of his /her shift. Failure to do so without good
reason shall result in that day of absence being treated as leave of absence without pay.
In addition, if the employee is absent on sick leave for more than one (1) day; the employee
shall keep the supervisor informed as to the date the employee expects to return to work.
7.3 HOLIDAYS
Each employee shall be entitled to the following holidays with pay and no others:
• New Year's Day
January 1
• Martin Luther King Day
Third Monday in January
• President's Day
Third Monday in February
• Memorial Day
Last Monday in May
• Independence Day
July 4
• Labor Day
First Monday in September
• Thanksgiving Day
Fourth Thursday in November
• Day after Thanksgiving
Fourth Friday in November
• Christmas Day
December 25
• Four (4) hours each on December 24 afternoon and 31 afternoon
_12_
Every day declared a holiday by the President or Governor, if the Mayor also proclaims the day
as a holiday.
If any such holiday falls upon a Sunday, the Monday following shall be treated as the holiday. if the
holiday falls upon a Saturday, the Friday preceding shall be treated as the holiday.
No employee shall be entitled to compensation for any holiday herein specified unless such an
employee shall have been employed by the Town on the day preceding and the day following such
holiday. For the purposes of this paragraph, an employee who is absent on authorized vacation with
pay or on accrued sick leave shall be deemed to be employed at such time.
7.4 VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to return to
his /her work mentally and physically refreshed. All employees shall be entitled to take annual
vacation according to the employee's association to which the employee's classification is assigned.
The department head and employee shall schedule the times at which vacation leave is to be taken
with due consideration given to the employee's desires and department's operational needs. Use
of vacation leave in less than one -day increments shall be discouraged.
Use of vacation leave earned in a given year may be deferred to the following year.
However, at no time may an employee have a total balance of vacation days in excess of that which
is stated in the Memorandum of Understanding pertaining to each employee. When the employee
reaches the maximum accrual he /she shall cease earning vacation.
Where a paid holiday falls during the period of an employee's vacation leave, that day shall not be
charged against the employee's vacation accrual. Where an illness or injury necessitates
hospitalization of an employee during his /her vacation leave, the days of hospitalization shall not
be charged against the employee's vacation accrual.
7.5 JURY DUTY /COURT APPEARANCES
Every employee who is called or required to serve as a juror shall be entitled to absent
himself /herself from his /her duties during the period of such service. Under such circumstances,
the employee shall be paid the difference between his /her full salary and any payment received by
him /her except travel pay, for such duty.
An employee who is subpoenaed to appear in court in an official capacity shall be allowed to do
so without loss of compensation. An employee subpoenaed to appear in court in a matter unrelated
to his /her official capacity as an employee shall be permitted time off without pay, or if the employee
chooses, to use accrued vacation for this purpose.
7.6 BEREAVEMENT LEAVE
Employees shall be allowed paid time off in the event of a death in the immediate family, as that term
is defined in Rule VII, Section 1, of these Regulations. Up to five (5) days of such leave shall be
allowed for the death of each member of the immediate family. Immediate family is defined as
parent, spouse, child, dependent, sibling, and grandparent by blood or marriage.
Use of this leave shall not be charged against the employee's accrued sick leave or vacation
account.
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7.7 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and federal law. An
employee requesting leave for this purpose shall provide the department head with a copy of the
military orders specifying the days, site and purpose of the activity or mission. While providing the
employee the required leave to comply with the orders, the department head may determine when
the leave is to be taken and may modify the employee's work schedule to accommodate the request
forleave.
7.8 FAMILY /MEDICAL LEAVE
The Town will follow State and Federal regulations as set forth in the Family /Medical Leave Act.
7.9 MATERNITY LEAVE
A pregnant employee shall be entitled to a leave of absence without pay for up to four (4) months
so long as the employee's attending physician certifies that she is physically unable to work due to
pregnancy or a pregnancy - related condition. During said leave of absence without pay, the
employee has the option of using accumulated sick leave, compensatory time and /or vacation
credits.
Upon expiration of the approved leave, the employee shall be reinstated to her former position or
to a comparable one if the former position is abolished during the period of leave and the employee
would otherwise not have been laid off. The comparable position is one having similar terms of pay,
location, job content and promotional opportunities. Prior to the employee being reinstated, the
department head may require a statement from the attending physician that the employee is
physically capable of resuming the regular duties of her position.
Failure to return to work after the authorized four month leave period, causes the pregnant employee
to have no reinstatement rights.
7.10 LEAVE WITHOUT PAY
Upon the request of the employee and the recommendation of the department head, a leave of
absence without pay may be granted by the Town Manager to an employee. An employee shall not
be entitled to a leave of absence as a matter of right but only upon good and sufficient reason.
Request for leave of absence without pay shall state specifically the reason for the request, the date
when it is desired to begin the leave, and the probable date of return.
A leave of absence without pay may be granted for a period not to exceed one year.
Failure of the employee to return to his or her employment upon the termination of any authorized
leave of absence shall constitute a separation from service of that employee subject to due process
procedures for separation.
Nothing herein contained shall limit or prevent the granting of a leave of absence without pay for
an indefinite period of time to any employee who is injured on the job or has a serious illness, even
though the employee does not meet the one year of continuous service required specified above.
Leave of absence without pay shall not be construed as a break in service or employment, and
rights accrued at the time the leave is granted shall be retained by the employee; however, vacation
credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and
other similar benefits shall not accrue to a person granted such leave during the period of absence.
Nor shall the employer be required to maintain contributions toward group insurance or retirement
coverage. During the period of such leaves, all service and leave credits shall be retained at the
levels existing as of the effective date of the leave. The employee shall be reinstated to his or her
former position or to a comparable one if the former position is abolished during the period of leave
and the employee would otherwise not have been laid off.
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7.11 ELIGIBILITY FOR BENEFITS
7.11.1 Temporary Em loovees
Employees holding a temporary appointment shall not be provided any benefits other than
those required by state or federal law.
7.11.2 Part-Time Employees
Employees holding a part -time position shall accrue vacation, sick leave and holiday credits
in the proportion that their average workweek bears to that of full-time employees.
Employees working less that 20 hours per week shall not be provided any benefits other
than those required by state or federal law.
7.12 SUPERVISORY DISCRETION
Supervisors shall have the discretion to place employees on sick leave when in the judgment of the
supervisor, the presence of the employee at work would endanger the health and welfare of other
employees or where the illness or injury of the employee interferes with the performance of such
employee's duties. The Town will make every effort to provide reasonable accomodation to an
employee whenever possible.
7.13 EXHAUSTION OF LEAVES
When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is
not medically able to reassume the duties of his or her position, the employee shall be placed on
a re- employment list for a period of twelve (12) months. During this period, if such position is
vacant, the employee shall be offered employment in the position. An employee who has been
placed on such a re- employment list who fails to accept such an offer and who has been medically
released for return to duty shall be separated and removed from the reemployment list. If the
employee is not offered employment during the twelve (12) month period, he /she shall be separated
at the end of the period.
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SECTION 8
COMPENSATION AND PAYROLL PRACTICES
8.1 PREPARATION OF PLAN
The Personnel Officer or designee shall be responsible for the preparation of a pay plan covering
all positions in the competitive service and showing the minimum and maximum rates of pay and
rates in between. In arriving at such salary ranges, consideration shall be given to prevailing rates
of pay for comparable work; to current costs of living; to the Town's financial condition and policies;
and to current prevailing marketplace conditions.
8.2 ADOPTION OF PLAN
The pay plan shall be adopted and may be amended from time to time by action of the Town
Council. At the time of consideration, any interested parry may appear and be heard. Amendments
and revisions of the plan may be suggested by an interested party and shall be submitted to the
Town Council through the Town Manager.
Notice of Town Council consideration of the proposed pay plan, amendments, or revisions shall be
posted in the manner prescribed by these Rules. No position shall be assigned a salary not in
conformance with the salary schedule unless the salary schedule for the class is amended in the
same manner as herein provided.
8.3 AUTHORIZATION OF OVERTIME
As a matter of general policy, the Town is opposed to the working of overtime by hourly employees
and will provide adequate staff whenever possible to handle normal operations. However, non-
exempt employees may be required to work overtime at the discretion of the supervisor. The
supervisor shall be empowered to authorize or require overtime in the following types of situations:
• To take care of operating emergencies;
• To handle peak workloads or to finish incomplete work when it is not possible or practical to
employ additional personnel;
* To meet temporary conditions where the Town is unable to secure qualified personnel to fill
authorized positions; and
* On other occasions as deemed necessary in the judgment of the responsible supervisor.
8.3.1 Restriction Of Overtime
Non - exempt employees shall not be allowed to accrue overtime to perform work unless such
work has been authorized by his /her supervisor.
8.4 OVERTIME ASSIGNMENTS
Insofar as is feasible, allocation of overtime shall be equally distributed among employees of affected
classifications.
8.5 OVERTIME PAY
Non - exempt employees will be compensated for overtime worked at the rate of one and one -half
(1 1 /2) times their regular hourly rate.
Overtime shall be compensated with compensating time off at the hourly rate of time and one -half.
The time when compensating time off may be taken shall be at the discretion of the department
head.
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r
I =>~]
DEFINITION OF EXEMPT EMPLOYEE
The Town has determined that various executive, administrative and professional employees are
exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). Employees in the
following job classifications are considered exempt:
Town Manager Town Attorney
Assistant Town Manager All Department Heads
All Management Planner
MISCELLANEOUS PROVISIONS
8.7.1. Out -of- Classification Pav
Employees who by written assignment perform the essential functions of a position with a
higher salary classification than in which they are regularly employed shall receive the
compensation specified for the position to which assigned; said increased compensation
to be at a step within the higher classification that will accord the employee an increase of
at least five percent over his /her current regular compensation
8.7.2 Anniversary Date
Each employee shall have a salary anniversary date of the date of his /her appointment,
employment, reinstatement, or re- employment.
8.7.3 Salary Stet) Advancement
8.7.3.1 Initial Step Advancement
New employees or those assigned to new classifications shall be assigned to that
step within the range for the classification which the department head, with the
approval of the Town Manager, finds to be most appropriate according to the
experience, past performance, educational accomplishmentsand otherqualifications
of the employee concerned, provided adequate budgetary appropriations.
Advancement from step to step within a range shall occur at intervals of one (1) year
in length effective on each anniversary date, except as otherwise provided by the
Town Council pursuant to negotiations conducted under the provisions of Resolution
No. 1974 -41. Each employee shall be entitled to an annual review for purposes of
step advancement prior to his /her anniversary date. Such advancement shall be
authorized only If the department manager finds that the overall performance of the
employee performance appraisal of satisfactory or higher. In the event an employee
is denied a step increase on the basis of unsatisfactory performance, the department
manager may at any time during the ensuing year approve the increase effective
on the date of approval, If his /her performance improves to a satisfactory level,
subject to approval of the Town Manager. Such a delayed step advancement shall
not deprive the employee of the right to review for subsequent advance on his /her
following anniversary date. The failure of an employee to receive a step increase
pursuant to this paragraph shall not be deemed "disciplinary action" nor shall it
create a right of appeal pursuant to Chapter 2 of the Town Code.
8.7.4 Work Week
The basic work week for full -time employees shall be forty (40) hours, rendered in units of
eight (8) hours per day in a week which runs Sunday through Saturday. The Town may
assign a different work week when it is deemed to be beneficial to the Town. The work day
will be determined at the Department Head's discretion
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8.7.5 Meal Period
A thirty (30) minute non - compensated meal period shall be provided all employees who work
eight (8) hours in one day.
8.7.6 Rest Period
A fifteen (15) minute compensated rest period shall be provided all employees for each
four (a) hour period of service. The rest period shall be taken at a time designated by the
employee's supervisor.
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SECTION 9
PERFORMANCE EVALUATIONS
9.1 PERFORMANCE EVALUATIONS
The Personnel Officer or designee shall provide a method of reporting of individual employee
performance which relates to quantity and quality of work, ability, reliability, discipline, attendance,
and other factors. The Personnel Officer or designee shall prescribe forms for such performance
evaluations and shalt be responsible for assuring that such evaluations are adequate to provide
information to both the employee and the Town for the purposes set forth in this section. An
employee must have a satisfactory performance evaluation in order to be eligible for a merit salary
increase or promotion. Deficiencies in performance by an employee may result in a decrease in
salary, suspension, demotion, or dismissal.
9.2 PERFORMANCE REPORTS
Department Heads shall periodically rate the performance of each employee; provided, however,
that the department heads may delegate the responsibility for rating the performance of specified
employees in their departments to that employee's supervisor. Interim reports may be completed
as necessary when changes in work performance occur. Each employee shall be informed in such
reports of his or her strengths and weaknesses. Each performance report shall be discussed with
the employee. The employee may sign the report to acknowledge its contents. Such signature shall
not necessarily mean he or she fully endorses the contents of said report. The performance reports
shall not be subject to any grievance and /or appeal procedure.
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SECTION 10
TRANSFER, RESIGNATION. LAYOFF. REINSTATEMENT REEMPLOYMENT
10.1 VOLUNTARY TRANSFER
A regular employee may initiate a request to transfer to another position in the same or lower
classification for which the employee is qualified in the opinion of the Personnel Officer or designee
by submitting a "Request to Transfer" to the Personnel Department. The "Request" will be kept on
file for one year from the date of receipt. With the approval of the Department Head for whom the
employee now works and the Department Head for whom the employee wishes to work, the
employee will be transferred to the new position when the first vacancy becomes available.
If more than one qualified employee applies for a transfer to the same position, the selection shall
be at the sole discretion of the Appointing Authority.
10.1.1 Probationary Employees
Probationary employees, employees with less than satisfactory current evaluations and
employees who have been disciplined within the last six months shall not be eligible to be
considered for transfer.
10.2 INVOLUNTARY TRANSFER
No person shall be transferred to a position for which he /she does not possess the minimum
qualifications; provided that department managers and /or appointing powers may, on a temporary
basis, assign employees to duties other than those prescribed in their classification specification or
job description, where the need therefor results from injury or illness, vacation, or other leaves of
absence, or where workloads temporarily create the need therefor and the best interest of the Town
would be served. Upon notice to the Personnel Officer, an employee may be transferred by the
appointing power at any time from one position to another position in a comparable classification.
For transfer purposes, a comparable classification is one with the same maximum salary, requiring
substantially the same basic qualifications.
If the transfer involves a change of an employee from one department to another, both department
managers and the Town Manager must consent thereto unless the "Town Manager orders the
transfer pursuant to Section 2.30.955 of the Town Code. Transfer shall not be used to effectuate
a promotion, demotion, advancement, or reduction, each of which may be accomplished only as
provided in the Town Code, pay plan and these Rules.
Whenever possible, an employee being transferred from one position to another position in the same
class or a comparable class at the same salary level, shall receive five (5) working days notice. If
the transfer requires the employee to move equipment from one location to another, the employee
shall receive seven (7) working days notice.
10.2.1 Right of Appeal
If an employee disputes the involuntary transfer, the employee may, within two (2) days of
the Notice of Transfer, file a written appeal with the Personnel Director or designee setting
forth the reasons therefore. Any appeal filed must be based upon the alleged violation of
the requirements for transfer and /or procedure followed. The Personnel Officer's or
designee's decision shall be final.
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10.3 RESIGNATION
Resignation occurs when an employee tenders a written notice of their intention to resign. A
resignation becomes final when accepted by the appointing authority. Once a resignation has been
accepted by the appointing authority, it cannot be withdrawn without the approval of the appointing
authority.
10.4 JOB ABANDONMENT
An employee is deemed to have resigned if the employee is absent for three (3) consecutive work
days without prior authorization and without notification during that period of the reason for absence.
On the third working day of unauthorized absence, the supervisor shall send a telegram or overnight
letter to the employee's last known address informing the employee that if the employee fails to
report to work within two (2) work days, or receive authorization for such absence, the employee
will be deemed to have resigned. Employees separated from employment for job abandonment may
be reinstated upon presentation of justification for circumstances that are beyond the control of the
employee.
10.5 LAYOFF POLICY AND PROCEDURE
10.5.1 Statement of Intent
Whenever, in the judgement of the Town Council, it becomes necessary to abolish any
position or employment, the employee holding such position or employment may be laid
off or demoted without disciplinary action and without the right of appeal.
10.5.2 Notification
Employees to be laid off shall be given a minimum of thirty (30) calendar days prior notice.
10.5.3 Order of Layoff
Subject to any layoff provisions contained in individual memoranda of understanding,
employees shall be laid off in the inverse order of their seniority in their classification. A lay-
off out of the inverse order of seniority may be made if, in the Town's judgment, retention
of special job skills are required or in the Town's judgement the less senior employee has
a higher level of performance as exhibited by his /her last performance evaluation. Within
each class employees shall be laid off in the following order, unless special skills are
required or the leave of performance dictates otherwise: temporary, probationary, hourly,
regular.
In cases where there are two or more employees in the classification from which the lay-
off is to be made who have the same seniority date, such employees shall be laid off on the
basis of the last evaluation rating in the class, providing such rating has been on file at least
thirty (30) days and no more than twelve (12) months prior to lay -off as follows:
First, all employees having ratings of "improvement needed;" Second, all employees
having ratings of "competent;" Third, all employees having ratings of "outstanding."
10.5.4 Re- employment of Rights for Laid -off Employees
Regular employees, who have received a satisfactory or better evaluation for the 12 months
prior to lay -off, have completed their probationary period and who have been laid -off shall
be automatically placed on a re- employment list for two (2) years for the classification from
which they were laid -off.
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t 0.6
A regular employee who has resigned or has otherwise been separated while in good standing, may
be considered for re- instatement, upon recommendation of the Department Head and approval of
the Town Manager, to his /her former position, If vacant, or to a vacant position in the same or a
comparable classification for a period of two (2) years after resignation or separation. Upon
reinstatement, the employee shall be considered as though he /she had received an original
appointment, unless other conditions are made a part of the reinstatement by the appointing
authority. The employee will serve a new probationary period.
.22.
SECTION 11
GRIEVANCE PROCEDURE
Subject to grievance procedure provisions contained in individual memoranda of
understanding.
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SECTION 12
DISCIPLINARY ACTIONS
12.1 SUSPENSION
Suspension shall be a temporary separation from Town service without pay for disciplinary purposes.
The appointing authority, with notice to the Personnel Officer, may suspend an employee without
pay for disciplinary purposes.
12.2 REDUCTION IN PAY
Reduction in pay shall be a decrease in salary to a lower step within the salary range for disciplinary
purposes.
Reduction in pay is a decrease in compensation paid to an employee for a fixed period of time for
disciplinary purposes.
The appointing authority, with notice to the Personnel Officer, may impose a reduction in pay to an
employee for disciplinary purposes.
12.3 DEMOTION
The appointing authority, with notice to the Personnel Officer, may demote an employee whose
performance of his /her required duties is below standard, or for other disciplinary purposes.
Demotion may be made to vacant position, if approved by the Personnel Officer, in lieu of layoff.
No employee shall be demoted to a position for which he /she does not possess the minimum
qualifications. Written notice of the demotion shall be given by the appointing authority to the
employee before or within three (3) days after the effective date of the demotion, and a copy filed
with the Personnel Officer within the same period.
12.4 TERMINATION
The appointing authority, with notice to the Personnel Officer, may terminate an employee whose
performance of his /her required duties is below standard, or for other disciplinary purposes. Written
notice of the termination shall be given by the appointing authority to the employee before or within
three (3) days after the effective date of the demotion, and a copy filed with the Personnel Officer
within the same period.
12.5 GROUNDS FOR DISCIPLINE
The Town's standards of conduct are established for the guidance of all employees. These
standards are only a partial list of unacceptable behaviors and conduct and are not the exclusive
grounds for discipline.
1. Fraud in securing employment or making a false statement on an application for
employment.
2. Incompetency, i.e., inability to comply with the minimum standard of an employee's position
for a signif!cant period of time.
3. Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an
employee within his /her position.
4. Willful disobedience and insubordination, a willful failure to submit to duly appointed and
acting supervision or to conform to duly established orders or directions of persons in a
supervisory position.
5. Dishonesty, involving employment.
&M
6. Being under the influence of alcohol or dangerous drugs or narcotics while on duty.
7. Excessive absenteeism.
8. Inexcusable absence without leave.
9. Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required,
or misuse of sick leave.
10. The conviction of either a misdemeanor or a felony involving moral turpitude shall constitute
grounds for dismissal of any employee. The record of conviction shall be conclusive
evidence only of the fact that the conviction occurred. The Personnel Officer may inquire
into the circumstances surrounding the commission of the crime in order to fix the degree
of discipline, or the determination if such conviction is an offense involving moral turpitude.
A plea or verdict of guilty, or a conviction showing a plea of nolo contendere made to
charge a felony or any offense involving moral turpitude, is deemed to be a conviction within
the meaning of this Section. The Personnel Officer may suspend or dismiss said employee
when the time for appeal has elapsed or the judgment of the conviction has been affirmed
on appeal, or when an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the
Penal Code of the State of California allowing such person to withdraw his plea of guilty and
enter a plea of not guilty, or setting aside a verdict of guilty, or dismissing the accusation
or indictment.
11. Discourteous treatment of the public or other employees.
12. Improper or unauthorized use of agency property.
13. Refusal to subscribe to any oath or affirmation which is required by law in connection with
agency employment.
14. Any willful act of conduct undertaken in bad faith, either during or outside of duty hours
which is of such a nature that it causes discredit to the agency, the employee's department
or division.
15. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and handling
of agency property.
16. Violation of the rules and regulations published by the employee's department.
17. Mental or physical infirmity or defects which render the employee unfit for the proper
performance of his /her duties if no reasonable accommodation can be made.
18. Outside employment not specifically authorized by the appointing authority in accordance
with Town procedures.
19. Acceptance from any source of a reward, gift, or other form of renumeration in addition to
regular compensation to an employee for the performance of his or her official duties in
accordance with policy on Gifts, "Gratuities Or Rewards ".
20. The refusal of any officer or employee of the agency to testify under oath before any Grand
Jury having jurisdiction over any then pending cause of inquiry in which the investigation
of government bribery or misconduct in agency office is involved shall constitute of itself
sufficient ground for the immediate discharge of such officer or employee.
21. Willful violation of any of the provisions of the ordinances, resolutions or any rules,
regulations or policies which may be prescribed by the agency.
Ifk�
22. Improper political activity. Example: Those campaigning for or espousing the election or
non - election of any candidate in national, state, county or municipal elections while on duty
and /or during working hours or in an agency uniform on or off duty; or the dissemination
of political material of any kind while on duty and /or during working hours or in uniform.
12.6 PROCEDURES FOR TAKING DISCIPLINARY ACTION
Disciplinary action shall be taken in compliance with the following procedures:
12.6.1 Notice of Intent
Whenever the Department Head intends to suspend an employee, demote the employee,
reduce the employee in pay or dismiss the employee, the Department Head shall give the
employee a written notice of discipline which sets forth the following:
a. The disciplinary action intended;
b. The specific charges upon which the action is based;
C. A factual summary of the grounds upon which the charges are based;
d. A copy of all written materials, reports, or documents upon which the discipline is
based;
e. Notice of the employee's right to respond to the charges either orally or in writing
to the appropriate authority;
f. The date, time and person before whom the employee may respond in no less than
three (3) working days;
g. Notice that failure to respond at the time specified shall constitute a waiver of the
right to respond prior to final discipline being imposed.
12.6.2 Response by Employee
The employee shall have the right to respond to the Department Head orally or in writing.
The employee shall have a right to be represented at any meeting set by the appropriate
authority to hear the employee's response. Such meeting will only be permitted once and
continued for no more than 2 days. In cases of suspensions for three (3) days or more,
demotions, reductions in pay ordismissal the employee's response will be considered before
final action is taken.
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12.6.3 Final Notice
After the response or the expiration of the employee's time to respond to the notice of intent,
the appropriate authority shall: (1) dismiss the notice of intent and take no disciplinary
action against the employee or (2) modify the intended disciplinary action or (3) prepare and
serve upon the employee a final notice of disciplinary action. The final notice of disciplinary
action shall include the following:
a. The disciplinary action taken;
b. The effect of the disciplinary action taken;
C. Specific charges upon which the action is based;
d. A factual summary of the grounds upon which the charges are based;
e. The written materials, reports and documents upon which the disciplinary action is
based;
f. The employee's right to appeal if any.
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SECTION 13
APPEALS HEARING PROCEDURE
The appeal procedure described herein shall apply only to cases of disciplinary suspensions, reductions -
in pay, demotions and dismissals affecting regular part -time and full -time classified service employees.
Following a review of the proposed disciplinary action, the Personnel Officer, shall serve on the
employee affected, by registered mail or personal delivery, a statement signed by the Department
Head indicating the Department Head's decision. This statement shall clearly inform the employee
of the grounds for the decision and the acts or omissions which support the grounds. The
statement shall further notify the employee that he or she has the right, within five (5) working days
after receipt of this notice, to request a hearing on the charges by filing the request with the
Personnel Officer.
2. If, within the five -day (5) appeal period, the employee involved does not file said appeal, unless good
cause for the failure is shown, the action of the Town shall be considered conclusive and shall take
effect as prescribed.
3. If, within the five -day (5) appeal period, the employee involved files such notice of appeal by giving
written notice of appeal to the Personnel Officer, the Personnel Officer shall submit the appeal to
the Personnel Board.
4. A time for an appeal hearing shall be established which shall not be less than twenty (20) working
days, nor more than sixty (60) working days, from the date of the filing of the appeal. All interested
parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working
days prior to the hearing.
5. All hearings shall be private; provided, however, that the appellant may request a hearing open to
the public. Any request for an open hearing shall be submitted five (5) days prior to the hearing date
or the hearing will be closed.
6. Five (5) working days prior to the date set for the hearing each party shall serve upon the other party
and submit to the Personnel Board a list of all witnesses and all exhibits to the Personnel Officer.
The employer's exhibits shall be designated by number. The employee or association exhibits shall
be designated by alphabetical letter. Neither party will be permitted to call during the hearing a
witness not identified pursuant to this section nor use any exhibit not provided pursuant to this
section unless that party can show that they could not reasonable have anticipated the prior need
for such witness or exhibit.
The hearing will not be conducted in accordance with technical rules relating to evidence and
witnesses but hearings shall be conducted in a manner most conducive to determination of the truth.
Any relevant evidence may be admitted If it is the type of evidence on which responsible persons
are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common
law or statutory rules which might make improper the admission of such evidence over objection
in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions. The rules dealing with privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly
repetitious evidence may be excluded. Decisions made by the Personnel Board shall not be
invalidated by any informality in the proceedings.
8. The Personnel Board Chairperson shall rule on the admission or exclusion of evidence
9. Each party shall have these rights: To be represented by legal counsel or other person of his or
her choice; to call and examine witnesses; to introduce evidence; to cross - examine opposing
witnesses on any matter relevant to the issues; to impeach any witness regardless of which parry
first called him or her to testify; and to rebut the evidence against him /her. If the employee does
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not testify in his or her own behalf , he she may be called and examined as if under cross -
examination.
10. Oral evidence shall be taken only on oath or affirmation.
11. The hearing shall proceed in the following order, unless the Personnel Board Chairperson for special
reason, otherwise directs:
a. The party imposing discipline shall be permitted to make an opening statement.
b. The appealing party shall be permitted to make an opening statement.
C. The parry imposing disciplinary action shall produce the evidence on his or her part.
d. The party appealing from such disciplinary action may then open his or her defense and
offer his or her evidence in support thereof.
e. The parties may then, in order, respectively offer rebutting evidence only, unless the
Personnel Board Chairperson for good reason, permits them to offer evidence upon their
original case.
I. Arguments shall be permitted in the discretion of the Personnel Board Chairperson. The
parry with the burden of proof shall have the right to close the hearing by making the last
argument.
12. The Personnel Board shall determine relevancy, weight, and credibility of testimony and evidence,
and shall base its findings on the preponderance of evidence.
13. During the examination of a witness, all other witnesses, except the parties, shall be excluded from
the hearing upon motion of either parry.
14. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber
during a hearing.
15. The Personnel Board, prior to or during a hearing, may grant a continuance for any reason it
believes to be important to its reaching a fair and proper decision.
16. The Personnel Board shall render its findings and decision as soon after the conclusion of the
hearing as possible, and in no event, later than ten (10) working days after conducting the hearing
unless otherwise stipulated by the parties. The Personnel Board's decision shall set forth the
recommendations as to each of the charges and the reasons therefore.
17. The Personnel Board may recommend the sustaining or rejecting of any or all of the charges filed
against the employee. The Personnel Board may recommend sustaining, rejecting, or modifying
the disciplinary action invoked against the employee.
18. The decision of the Personnel Board is final unless appealed to the Town Council. The proposed
decision shall be filed with the charged employee, the Department Head and the Town Manager,
and shall set forth the recommended effective date the employee is to be reinstated, which may be
any time on or after the date the disciplinary action went into effect.
19. Either the appealing party or the Department Head may file a written appeal to the proposed
decision, findings, and conclusions of the Personnel Board within ten (10) working days of the
Personnel Board's decision.
20. The party desiring to contest the decision of the Personnel Board may request a transcript for review
by the Town Council within ten (10) working days of the Personnel Board's decision. If the
appealing party requests a transcript, that party shall pay the cost of the transcript.
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21. Within ten (10) working days of the filing of the appeal, the Town Council shall review the decision
of the Personnel Board, the appeal filed, and the record. The Town Council may ratify, modify, or
reverse the proposed decision of the Personnel Board. If the Town Council seeks to modify or
reverse the Personnel Board's decision, the Town Council shall first obtain a transcript of the
hearing. The decision of the Town Council shall be final.
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SECTION 14
RECORDS AND REPORTS
14.1 PERSONNEL FILES
The Personnel Office shall maintain a personnel file for each employee in the service of the Town.
Information contained in these files shall include class title, the department to which assigned, salary,
changes in employment status, disciplinary actions and such other information as may be
considered pertinent.
The personnel files will be monitored by the Personnel Department which shall have sole access to
the keys. Department Heads and Supervisors may review an employee's file on a need to know
basis only with approval of the Personnel Officer.
An employee, or the employee's representative with written consent with written consent of the
employee, shall be entitled to review his or her personnel file. If an employee wishes to view the
personnel file, he or she will schedule an appointment with the Personnel Department staff a
minimum of 24 hours in advance of viewing time. If an employee wishes to have a photocopy of
any of the documents in the personnel file, he or she will pay the fee charged by the Town at that
time for photocopies.
14.2 PERSONNEL ACTION FORMS
Notice of any new employment, transfer, promotion, demotion, suspension, reinstatement,
resignation, retirement, salary change, reclassification, discharge, leave of absence or layoff shall
be given to the Personnel Officer or designee on standard forms prescribed and provided by the
Personnel Officer or designee. The Personnel Office or designee shall distribute approved copies
of the Personnel Action Form to the appropriate departments for processing. A copy will be placed
in the employee's Personnel file.
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SECTION 15
MANAGEMENT RIGHTS
15.1 MANAGEMENT RIGHTS PROVISION
The Town retains all of its powers and authority to manage municipal services and the work force
performing those services including but not limited to the following rights to:
Determine and modify the organization of Town government and its constituent work units.
Determine the nature, standards, levels and mode of delivery of services to be offered to the public.
Determine the methods, means, and numbers and kinds of personnel by which services are to be
provided.
Determine whether goods or services shall be made or provided by the Town, or shall be purchased,
or contracted for.
Direct employees, including scheduling and assigning work, work hours, and overtime.
Establish employee performance standards and to require compliance therewith.
Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or
otherwise discipline employees subject to the requirements of applicable law.
Relieve employees from duty for any legitimate reason.
Implement rules, regulations, and directives consistent with law.
Take all necessary actions to protect the public and carry out its mission in emergencies.
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SECTION 16
MISCELLANEOUS POLICIES
16.1 HARASSMENT POLICY AND COMPLAINT PROCEDURE
The purpose of this policy is to establish a strong commitment to prohibit harassment in
employment, to define discrimination harassment and to set forth a procedure for investigating and
resolving internal complaints of harassment.
LEGAL BASIS:
Section 703 of Title VII of the 1964 Civil Rights Act and Section 16 -4.11 of the EEOC Guidelines on
Sexual Harassment, an implementation of Section 703 of Title VII.
Fair Employment and Housing Act, Government Code Section 12940(1). Detailed regulations
interpreting these sections of the statute are found in Sections 7287.6 and 7291 (f) (1) of the
California Administrative Code, Title 2, Division 4.
POLICY
Harassment of an applicant or employee by a supervisor, management employee, or co- worker on
the basis of race, religion, color, national origin, ancestry, mental or physical disability, medical
condition, marital status, sex or age 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 up to and including termination will be instituted for behavior described in the
definition of harassment set forth below.
Any retaliation against a person for filing a harassment charge or making complaint is prohibited.
Employees found to be retaliating against another employee shall be subject to disciplinary action
up to and including termination.
DEFINITION
Harassment includes, but is not limited to
Verbal Harassment - For example, epitaphs, derogatory comments or slurs on the basis of
race, religious creed, color, national origin, ancestry, handicap, mental or physical disability,
medical condition, marital status, sex or age. This might include inappropriate sex oriented
comments on appearance, including dress or physical features or race oriented stories.
2. Physical Harassment - For example, assault, impeding or blocking movement, with the
physical interference with normal work or movement when directed at an individual on the
basis of race, religious, color, national origin, ancestry, handicap, disability, medical
condition, marital status, age or sex. This could be conduct in the form of pinching,
grabbing, patting, propositioning, leering, or making explicit or implied job threats or
promises in return for submission to physical acts.
3. Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons,
or drawings on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, medical conditions, marital status, sex or age.
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4. Reaarded as Havina a Disability
An individual is disabled N he or she is treated or perceived as having an impairment
that substantially limits major life activities, although no such impairment exists.
B. QUALIFIED INDIVIDUAL WITH A DISABILITY
A "qualified individual with a disability" is a person who (1) satisfies the job related
requirements for the position, and (2) can perform the "essential functions" of the position
despite their disability, or who (3) with "reasonable accommodation "" can perform the
essential functions of the position.
1. Satisfies Job - Related Reouirements
The first step is to determine whether the disabled individual satisfies the job -
related requirements of the position. Satisfying the job - related requirements of the
position means that the disabled individual possesses the appropriate educational
background, employment experience, skills, and license required for the position.
2. Essential Factors
The second step is to determine whether the individual can perform the essential
functions of the position despite their disability. Essential functions are the
fundamental duties of a position. Marginal or peripheral functions of a position are
not essential functions.
A function may be essential because:
a. the reason the position exists is to perform that function;
b. of the limited number of employees available among whom the performance of
that job function can be distributed; and
c. it is highly specialized and requires specific expertise or skill to perform.
The following factors shall be considered in determining whether a function is
essential: the Town's judgement as to which functions are essential; written job
descriptions; the amount of time spent on the job performing the function; the
consequences of not requiring the performance of the function; the terms of a
collective bargaining agreement or MOU; and the work experience of past and
present incumbents in the position.
3. Accommodation
If the individual cannot perform the essential functions despite their disability, the
third step is to determine whether reasonable accommodation would enable the
individual to perform the essential functions of the position.
Accommodation is any change in the work environment or in the way things are
customarily done that enables a disabled individual to enjoy equal employment
opportunities. Accommodation means modifications or adjustments:
a. to a job application process to enable an individual with a disability to be
considered for the position;
b. To the work environment in which a position is performed so that a disabled
person can perform the essential functions of the position; and
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4. Sexual Favors - Unwelcome sexual advances, request for sexual favors, and other verbal
or physical conduct of a sexual nature which is conditioned upon an employment benefit,
unreasonable interference with an individuals work performance or creates an offensive work
environment.
COMPLAINT PROCEDURE:
(A) Filing: An employee or job applicant who believes he or she has been harassed may make
a complaint orally or in writing with any of the following:
(1) Immediate supervisor.
(2) Any supervisor or manager within or outside of the department.
(3) Department Head.
(4) Personnel Officer /Affirmative Action Officer).
Any supervisor or department head who received a harassment complaint should notify the
Personnel Officer /Affirmative Action Officer) immediately.
(6) Upon notification of a harassment complaint, the Personnel Off icer/Affirmative Action Officer)
shall:
(1) Authorize the investigation of the complaint and supervise and /or investigate the
complaint. The investigation will include interviews with: 1) the complainant; 2) the
accused harasser; and 3) any other persons the Personnel Officer (or Affirmative
Action Officer) has reason to believe has relevant knowledge concerning the
complaint. This may include victims of similar conduct;
(2) Review factual information gathered through the investigation to determine whether
the alleged conduct constitutes harassment; giving consideration to all factual
information, the totality of the circumstances, including the nature of the verbal,
physical, visual or sexual conduct and the context in which the alleged incidents
occurred;
(3) Report the results of the investigation and the determination as to whether
harassment occurred to appropriate persons including to the complainant, the
alleged harasser, the supervisor, and the department head. If discipline is imposed,
the discipline will not be communicated to the complainant;
(4) If harassment occurred, take and /or recommend to the appointing authority prompt
and effective remedial action against the harasser. The action will be commensurate
with the severity of the offense;
(5) Take reasonable steps to protect the victim and other potential victims from further
harassment;
(6) Take reasonable steps to protect the victim from any retaliation as a result of
communicating the complaint.
DISSEMINATION OF POLICY:
All employees, supervisors and managers shall be sent copies of this Policy.
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16.2 OUTSIDE EMPLOYMENT
A Town employee shall not engage in any employment, enterprise, or outside activity which is in
conflict with his /her duties, functions, responsibilities, or the department by which he is employed,
nor shall he engage in any compensatory outside activity which will directly, or indirectly, contribute
to the lessening of his effectiveness as a Town employee.
Authorization
a. Any employee wishing to engage in an occupation or outside activity for compensation shall
inform the department head of such desire, providing information as to the time required
and the nature of such activity, and such other information as may be required; and the
department head shall determine whether or not such activity is compatible with the
employee's Town employment.
b. If the department head determines such activity is compatible, he may authorize the activity
in writing using the "Outside Employment Form" and shall send a copy to the Personnel
Officer or designee and the Town Manager.
C. Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities, the
department head shall consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of Town time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or influence of one's Town office or employment;
b. Involves receipt or acceptance by employee of any money or other consideration from
anyone other than the Town for the performance of an act which employee, H not performing
such act, would be required or expected to render in the regular course of his Town
employment or as a part of his duties as a Town employee;
C. Involves the performance of an act in other than his capacity as a Town employee which
act may later be subject directly or indirectly to the control, inspection, review, audit, or
enforcement by such employee or the department by which he is employed;
d. Involves conditions or factors which would probably directly or indirectly lessen the
efficiency of the employee in his /her regular Town employment or conditions in which there
is a substantial danger of injury or illness to the employee.
Revocation
Permits may be issued for such length of time as noted in the permit, and all permits are subject
to revocation by the department head or the Town Manager.
Use of Town Equipment Prohibited
a. No Town -owned equipment, autos, trucks, instruments, tools, supplies, machines, or any
other item which is the property of the Town shall be used by an employee while said
employee is engaged in any outside employment or activity for compensation, or otherwise,
except upon prior written approval of the Town Manager.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of the items
mention in (a) above, except upon prior written approval of the Town Manager.
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Violations and Penalties
a. Any violation of the provisions herein contained respecting outside employment or activity
and use of Town property shall constitute sufficient grounds for disciplinary action, up to
and including dismissal.
16.3 EMPLOYEE DRESS CODE
Employees of the Town are required to dress appropriately for the jobs they are performing.
Therefore, the dress regulations contained in this section shall be followed.
1. All clothing must be neat, clean and in good repair.
2. Prescribed uniforms and safety equipment must be worn where applicable.
3. Footwear must be appropriate for the work environment and functions being performed.
4. Hair must be neat, clean and well groomed.
5. Beards, mustaches and sideburns must be maintained in a neat and well - groomed fashion.
6. Jewelry is acceptable except in areas wherein it constitutes a health or safety hazard.
7. Good personal hygiene is required.
16.4 NEPOTISM POLICY
1. No person shall be appointed or promoted to a position in any department in which such
person's relative already holds a position when such employment would result in any of the
following:
a. A supervisor- subordinate relationship;
b. The employees having job duties which require performance of shared duties on
the same or related work assignment;
C. Both employees having the same immediate supervisor.
2. For purposes of this section, "relative" means spouse, child, step - child, parent, grandparent,
grandchild, brother, sister, half- brother, half- sister, aunt uncle, niece, nephew, parent -in-
law, brother -in -law, sister - in-law or any other individual related by blood or marriage.
3. If a Town employee marries another person employed by the Town within the same
department, both employees shall be allowed to retain their respective positions provided
that a supervisorial relationship does not exist at the time of marriage between these two
position. During the period of employment, no supervisory position shall exist between the
two employees. For the purpose of this section, a supervisorial relationship shall be defined
as one in which one person exercises the right to control, direct, reward or punish another
person by virtue of the duties and responsibilities assigned to his or her position.
4. The Town also retains the right to refuse to place both spouses in the same department,
division, or facility where such has the potential for creating adverse impact on supervision,
safety, security or morale or involves potential conflicts of interest.
5. Where the above circumstances exist and mandate that two spouses shall not work in a
prohibited relationship, the Personnel Department will attempt to transfer one spouse to a
similar classified position in another Town department. Although the wishes of the involved
parties as to which spouse is to be transferred will be given consideration by the Town, the
controlling factor in determining which spouse is to be transferred shall be the positive
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operation and efficiency of the Town. If any such transfer results in a reduction in salary
or compensation, the same shall not be considered disciplinary in nature and shall not be
the subject of any form of administrative appeal.
6. If continuing employment of two spouses cannot be accommodated consistent with the
Town's interest in promotion of safety, security, morale and efficiency, then the Town retains
sole discretion to separate one spouse from Town employ. Absent resignation by one
affected spouse, the less senior of the involved spouses will be subject to separation and
the same shall not constitute discipline and shall not be subject to any administrative appeal.
16.5 DISABILITY DISCRIMINATION POLICY AND COMPLAINT PROCEDURE
PURPOSE:
The purpose of this policy is:
to prohibit and eliminate any discrimination in employment against a qualified individual with a
disability;
to define what constitutes "disability";
to define who is a "qualified individual with a disability ";
to define discrimination on the basis of disability; and
to establish a procedure for investigating and resolving internal disability discrimination complaints.
POLICY:
Discrimination on the basis of disability against an applicant or an employee who is a qualified
individual with a disability, by a supervisor, management employee, or co- worker is not condoned
and will not be tolerated. This policy applies to the job application process and 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.
All complaints of discrimination on the basis of disability will be promptly and objectively
investigated.
Disciplinary action up to and including termination will be instituted for behavior described in the
definition of discrimination on the basis of disability set forth below.
Any retaliation against a person for filing a discrimination charge or making a discrimination
complaint is prohibited.
DEFINITIONS:
A. Disability
"Disability" is: (t) a physical or mental impairment that substantially limits one or more major
fife activity; or (2) having a record of such an impairment; or (3) being regarded as having
such an impairment.
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t. Phvsical or Mental Impairments
Physical or Mental Impairments include, but are not limited to: vision, speech and
hearing impairments; emotional disturbance and mental illness; seizure disorders;
mental retardation; orthopedic and neuromotor disabilities; learning disabilities;
diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV
infection; and drug addiction if the addict has successfully completed or is
participating in a rehabilitation program and no longer uses illegal drugs.
The following conditions are not physical or mental impairments: transvestism;
illegal drug use; homosexuality and bisexuality; compulsive gambling; kleptomania;
pyromania; pedophilia; exhibitionism; and voyeurism; pregnancy; height; weight;
eye color; hair color; left- handedness; poverty; lack of education; a prison record;
and poor judgment or quick temper if not symptoms of a mental or physiological
disorder.
2. Substantial Limitation of Major Life Activities
An individual is disabled if he or she has a physical or mental impairment that
renders him or her unable to perform a major life activity in comparison to other
people.
In determining whether physical or mental impairment substantially limits the
condition, manner or duration under which an individual can perform a particular
major life activity in comparison to other people, the following factors shall be
considered:
a. the nature and severity of the impairment;
b. the duration or expected duration of the impairment; and
c. the permanent or long -term impact (or expected impact) of or resulting from the
impairment.
In determining whether a physical or mental impairment substantially limits an
individual with respect to the major life activity of "working," the following factors
should be considered:
a. the geographical area to which the individual has reasonable access;
b. the job from which the individual has been disqualified because of an impairment
and the number and types of jobs within that geographical area using similar
training, knowledge, skills or abilities from which the individual is also disqualified
because of the impairment; and /or
c. the number and types of other jobs within that geographical area not using similar
training, knowledge, skills or abilities (to the job from which disqualified) from which
the individual is also disqualified because of the impairment (broad range of jobs
in various classes).
3. Having a Record of Impairment
An individual is disabled if he or she have a history of having an impairment that
substantially limits the performance of a major life activity; or has been diagnosed,
correctly or incorrectly, as having such an impairment.
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c. that enable disabled individuals to enjoy equal benefits and privileges of
employment as other similarly situated employees without disabilities enjoy.
Accommodation includes making existing facilities and equipment used by
employees readily accessible to and usable by individuals with disabilities.
Accommodation applies to:
a. all employment decisions and to the job application process;
b. all services and programs provided in connection with employment;
c. non -work facilities provided by the Town to all employees; and
d. known disabilities only.
Accommodation is not required if
a. it eliminates essential functions of a position from the disabled individual's job;
or
b. adjustments or modifications requested are primarily for the benefit of the
disabled individual.
4. Undue Hardship
The Town will not provide an accommodation that imposes an "undue hardship" on
the operation of the Town's business. Undue hardship means significant difficulty
or expense incurred in the provision of accommodation. Undue hardship includes
but is not limited to financial difficulty. Undue hardship refers to any
accommodation that would be unduly costly; extensive, substantial or disruptive,
or that would fundamentally alter the nature or operation of the business.
Whether a particular accommodation will impose an undue hardship is determined
on a case -by -case basis. The following factors will be considered in determining
whether an accommodation would create an undue hardship; the nature and cost
of the accommodation; the financial resources of the Town; the number of
employees; and the type of operations of the Town, including the composition and
functions of its workforce.
5. Determining the Appropriate Accommodation
If a qualified individual with a disability requests the provision of a reasonable
accommodation, the Town shall engage in an informal, interactive process with the
disabled person which identifies the precise limitations resulting from the disability
and the potential accommodations that could overcome those limitations.
The accommodation process shall generally involve five steps. First, the Town shall
analyze the particular job at issue and determine its purpose and essential functions.
Second, the Town shall consult with the disabled individual to ascertain the precise
job - related limitations imposed by the individual's disability. Third, the Town shall
consult with the disabled individual to identify potential accommodations. Fourth,
the agency shall assess the effectiveness of each potential accommodation with
regard to enabling the individual to perform the essential functions of the position.
Finally, the Town shall consider the preference of the individual to be
accommodated and select and implement the accommodation that is most
appropriate for both the employee and the Town.
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C. DISCRIMINATION ON THE BASIS OF DISABILITY
Discrimination on the basis of disability means:
a. to limit, segregate, or classify a job applicant or employee in a way that may adversely
affect opportunities or status because of the applicant's or employee's disability;
b. to participate in a contract which could subject an applicant or employee with a disability
to discrimination;
c. to use any standards, criteria or method of administration which could have the effect of
discriminating on the basis of disability;
d. to deny equal jobs or benefits because of a disability;
e. to fail to make reasonable accommodations to known physical or mental limitations of
an otherwise qualified individual unless it can be shown that the accommodation would
impose an undue hardship;
f. to use selection criteria which exclude disabled persons unless the criteria is job - related
and consistent with business necessity; and
g. to fail to use employment tests in a manner that ensures that the test results accurately
reflect the applicant's or employee's skills or aptitude for a particular job.
COMPLAINT:
t. A job applicant or employee who believes he or she has been discriminated against on the
basis of disability may make a written complaint as soon as possible after the incident to
: (a) complainant's immediate supervisor; (b) complainant's department head; or (c) the
compliance officer designated by The Town to coordinate the Town's efforts to comply with
federal and state laws concerning employment discrimination on the basis of disability.
In order to facilitate the investigation, the complainant is encouraged to submit the complaint
within 30 days of the alleged Incident(s). Where reasonable circumstances prevent the filing
of the complaint within this time period, complaints received after this time period may be
accepted.
2. The complaint shall include:
a. a description of the offending behavior(s) or violations;
b. date (s), time(s) and location(s) of incident(s);
c. name(s) of alleged offender(s);
d. name(s) of witnesses, if any; and
e. remedy desired.
3. Complainant's immediate supervisor or department head shall refer all complaints received
to the compliance officer.
4. Upon receipt of a complaint, the compliance officer shall investigate all charges. The
investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly
engaged in discrimination; and (c) any other person the compliance officer believes to have
relevant knowledge concerning the complaint.
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5. Upon completion of the investigation, the compliance officer shall review factual information
gathered through the investigation to determine whether the alleged conduct constitutes
discrimination, giving consideration to all factual information, the totality of the
circumstances, Including the nature of the alleged discriminatory conduct and the context
in which the alleged incidents occurred.
6. The compliance officer shall then prepare a written report setting forth the results of the
investigation and the determination as the whether discrimination occurred. The results of
the investigation shall be conveyed to appropriate persons including to the complainant, the
person(s) allegedly engaged in discrimination, the supervisor, and the department head.
7. If it is determined that discrimination occurred, swift and appropriate disciplinary action will
be commensurate with the severity and /or frequency of the offense.
8. Reasonable steps shall be taken to protect the victim and other potential victims from further
discrimination.
9. Reasonable steps shall be taken to protect the victim from retaliation as a result of
communicating the complaint.
16.6 POLICY ON THE PROHIBITION OF THE USE OF DRUGS AND ALCOHOL
PURPOSE
The Town of Los Gatos recognizes that its employees are its most important resource. it is the
intention of this policy to eliminate the use and effects of alcohol and drugs in the workplace. While
Los Gatos has no intention of intruding into the private lives of its employees, involvement with drugs
and alcohol on or off the job can take its toll on job performance and employee safety. Our concern
is that employees are in a condition to perform their duties safely and efficiently, in the interests of
their fellow workers and the public as well as themselves.
The objectives of this policy are: 1) to eliminate any use of alcohol, illegal drugs, prescription drugs
or any other substance which could impair an employee's ability to safely and effectively perform
the functions of their job, 2) to encourage employees who think they may have an alcohol or drug
usage problem to voluntarily seek confidential assistance from the Employee Assistance Program,
3) to emphasize training and rehabilitation. However, even with the emphasis on rehabilitation, it
must be understood that for those who continue to demonstrate problems in job performance or
those who are involved with or under the influence of drugs of alcohol on the job, disciplinary action
will be taken.
The purpose of this policy is to help the Town meet its goals in recognition of its public service
responsibilities.
SCOPE:
This policy applies to all employees of the Town (paid and volunteer) when working for, or officially
representing, the Town of Los Gatos. In addition, the Police Department has specific departmental
regulations which also apply.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which
could impair an employee's ability to effectively and safely perform the function of the job.
POLICY:
It is the Town's policy that employees shall not use or be under the influence of alcohol or drugs,
or possess alcohol or illegal drugs at any work site or Town property, while on duty, breaks or meal
periods.
Employees shall not sell or provide drugs or alcohol to any person, while on duty
MIM
Managers or Supervisors are responsible for enforcement of this policy by remaining alert to
Instances of job performance that would provide reasonable suspicion that an employee is under
the influence, or impaired by drugs or alcohol while on the job, or on standby for call to duty.
The Town recognizes that alcohol and drug use can be successfully treated, enabling the employee
to return to a satisfactory job performance level.
Employees are urged to seek voluntary confidential assistance through the Employee Assistance
Program or any other program if they believe they may have an alcohol or drug use problem.
PROCEDURES:
The following procedures will serve as the guideline for implementation of this policy:
While use of medically prescribed medication and drugs is not technically a violation of this policy,
failure by the employee to notify his /her supervise, before beginning work, when taking medications
or drugs which could foreseeably interfere with the safe and effective performance of duties or
operation of Town equipment can result in disciplinary action.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented
from engaging in further work.
Employee Responsibility
t. It is the employee's responsibility to demonstrate satisfactory job performance.
2. Employees shall report to work with his /her ability to perform job duties not impaired due to on
or off duty alcohol or drug use.
3. Employees are responsible for the personal implementation of this policy to facilitate safe and
effective job performance.
4. Employees shall not possess or use alcohol or impairing drugs (illegal drugs and prescription
drugs without a prescription) during working hours or while subject to duty. This includes breaks
and meal periods.
5. Employees shall not directly or through a third party sell or provide drugs or alcohol to any
person, including any employee, while on duty or standby for duty.
6. Employees shall notify his /her supervisor, before beginning work, when taking any medication
or drugs, prescription or non - prescription, which would interfere with the safe and effective
performance of duties or operation of equipment.
Manaaement Resoonsibiifties and Guidelines
t. Managers and Supervisors are responsible to monitor job performance.
2. Managers and Supervisors are responsible for and play a key role in the implementation of this
policy to facilitate safe and effective job performance.
3. It shall be the responsibility of Supervisors at every level to encourage employees to use the
Employee Assistance Program when deteriorating or unsatisfactory job performance does not
respond to usual supervisory actions, or when a specific on- the -job incident is cause for concern.
A Supervisor should not attempt to diagnose an employee's problems but to monitor job
performance.
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4. If reasonable grounds exist for a Supervisor or Manager to believe that an employee is under the
influence of alcohol or drugs so that the employee's ability to perform the functions of the job is
impaired, the Manager or Supervisor should document in writing all facts /observations of behavior
constituting reasonable suspicion that led them to believe an employee was intoxicated or under
the influence of drugs.
"Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent
Supervisor to suspect that an employee is under the influence of drugs or alcohol so that the
employee's ability to perform the functions of the job is impaired.
For example, any of the following, alone or in combination may constitute reasonable suspicion:
a. Inability to perform job;
b. Possession of alcohol or drugs;
c. Extreme, erratic, or unusual behavior, inability to carry on a rational conversation;
d. Unsteady walking and movement, unsteadiness on feet;
e. Alcohol odor on breath, incoherence;
f. Slurred speech;
g. Red eyes, dilated pupil;
h. Information obtained from a reliable person with personal knowledge.
5. If a Supervisor observes an employee who seems to be under the influence of alcohol or drugs,
he /she should, if practical, seek the opinion of at least one additional Supervisor.
6. Managers and Supervisors shall notify their Department Head or designee when they have
reasonable suspicion to believe that an employee may have illegal drugs in his or her possession.
If the Department Head or designee concurs that there is reasonable suspicion of illegal drug
possession, the Department Head shall notify the Police Department for investigation.
Disciplinary Action
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also
outlines the responsibilities of managers, supervisors and employees. To that end the Town will act
to eliminate any use of alcohol of drugs which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to Town reputation or equipment. All
persons covered by this policy should be aware that violations of these procedures may be grounds
for disciplinary action up to and including termination.
16.7 POLICY ON GIFTS, GRATUITIES OR REWARDS
PURPOSE:
To set forth policies regarding the acceptance of gifts, gratuities or rewards.
SCOPE:
This policy applies to all regular, part-time, temporary, contractual, or volunteer employees of the
Town of Los Gatos.
POLICY:
No employee shall accept money or other consideration or favor from anyone other than the Town
for any reason. Acceptance of gifts, gratuities or favors of any kind might reasonably be interpreted
as an attempt to influence an employee's actions with respect to Town business.
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More specifically, no employee or any family member shall accept any gift at any time, whether in
the form of a service, loan, thing, or promise from any person, firm or corporation, which to their
knowledge is interested directly or indirectly in any manner whatsoever in business dealings with
the Town; nor shall any employee accept a gift, favor or thing of value that may tend to influence
them in the discharge of their duties, or grant in the discharge of their duties any improper favor,
service, or thing of value.
In situations where an employee receives a gift which is extremely embarrassing to return, or is given
anonymously, the Town Manager's Office will return the gift to the party who sent it, or for
anonymous gifts, the gift would be turned in to the Town Manager's Office for distribution to a local
charity.
PROCEDURES:
A. If a gift is offered to an employee, the employee is required to not accept the gift.
B. Should a gift be received, the employee is required to notify their Supervisor immediately.
The Supervisor is to return the gift to the donor.
If the gift is given anonymously or return of the gift is not accepted, then the employee is
to notify their Supervisor immediately. The Supervisor is to notify the Department Head.
The gift is to be delivered to the Manager's Office.
The Town Manager's Office will notify donor and return the gift, or, of the gift was given
anonymously, it will be donated to an appropriate non - profit agency in the community.
C. All persons covered by this policy should be aware that violations of this policy may be
grounds for disciplinary action up to and including termination.
Responsibilities
Emolovee
- Refuse gifts as defined above.
- Notify Supervisor /Department Head of any gift received.
Supervisor /Department Head
- If not the Department Head the Supervisor must notify the Department Head of receipt of any gifts;
deliver, or arrange to have delivered, any gifts given anonymously or gifts which the donor refuses
to accept to the Town Manager.
Town Manager
- Return gift to original sender or donate gift to appropriate local agency.
16.8 POLICY ON USE OF TOWN COMPUTERS SOFTWARE AND RELATED EQUIPMENT
PURPOSE:
To set forth policies for the effective development and management of information systems within
the Town. These policies have been put in place to ensure that to the degree possible
standardization of hardware, software, training, and information is uniform for all Town departments.
This policy will help to protect the Town's investment in hardware, software, and data, as- well -as
maximizing effective use of information system resources.
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SCOPE:
This policy applies to all employees of the Town of Los Gatos, or other persons, including volunteers
who use or have access to the Town's information systems.
POLICY
1. All software and related materials purchased by the Town and /or installed on Town
equipment are licensed to the Town only, and shall not be copied in any format. This
includes, but is not limited to, copying software for personal use, for sale, or transferring
software between Town equipment.
2. No software shall be purchased, loaded, or used on any Town equipment without the
express written permission of the Office of the Town Manager. This includes, but is not
limited to, demonstration software packages, software from any other agency, software from
public domain distributors, software "loaned" to Town employees, and /or software
purchased for personal use.
3. Hardware purchased by the Town shall not be modified, exchanged, or moved, in any way
without prior written approval of the Office of the Town Manager. Modifications include, but
are not limited to, the addition or removal of any component attached to or installed inside
any Town -owned hardware (such as the installation of locks, circuit boards, disk drives, etc.)
An example of hardware exchanges include swapping of components between systems such
as monitors, keyboards, or mice. Moving of equipment includes the physical relocation of
any hardware or the reconnection of any hardware to a different data line.
4. Hardware purchased by the Town and installed in a particular department is not the
"department's hardware" or a "person's hardware," and is subject (at any time) to relocation
by the Town Manager's Office based on need. All purchases of computer hardware,
accessories, or related equipment are to be approved by the Office of the Town Manager
(normally through the budget process).
5. All computer (software and hardware) training shall be approved by the Office of the Town
Manager.
6. Violations of this policy may be grounds for any or all of the following actions: a) erasure
of software and data, b) removal of computer equipment from the department, c) disciplinary
action up to and including termination.
PROCEDURES:
Procedures for Requesting Authorization to Purchase Stand -Alone Software:
1. If a particular software package can be demonstrated as being unique to a department as
a "stand- alone" application, the Department Head should submit a written
request /explanation to the Town Manager's Office. Included in this explanation should be:
a. Benefit (e.g., hours saved, enhanced public service).
b. Uniqueness (i.e., why other departments would not need to have access to the
information- -now or in the future.
c. Evaluation (how does this program compare to other similar programs, and why is this
program better or more suited to your department's needs).
d. Standardization and Viability (does the software use an industry or de facto standard
format for data, and is the company selling the software likely to remain in business ?).
e. Requirements (operation system, disk space).
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f. Support and training (is training available locally; how much training is required; does the
software seller or author provide ongoing support; are they local ?).
g. Installation and Maintenance (describe the installation, update, and maintenance for this
package; can it be installed, updated, and maintained by the seller, or will this be the Town's
responsibility?. If so, how much time will be required).
Procedures for Reguesting Authorization to Purchase Non - Stand -Alone Software:
2. For a non -stand -alone software package (information shared between departments) all of
the above applies with the exception of an explanation of uniqueness. In addition to the
above items, the following should be included in the request.
a. Information Sharing (proposal for an interdepartmental software package should include
supporting information from each affected department, such as the types of information
required, the agreed upon format for the information, and how the information is to be
shared).
b. Other requirements will be developed as the existing systems are networked.
Procedures for Requesting Authorization for Hardware Modifications Additions Exchanges or
Moves:
For hardware modifications, additions, exchanges, or moves, all written requests will be
evaluated based on:
a. Potential benefit.
b. Cost.
c. Need.
d. Impact on standardization.
e. Impact on staff resources.
f. Other considerations will be developed on an ongoing basis.
Procedures for Reguesting Authorization for Computer Training for Hardware and Software:
If computer training needs are specialized (i.e., falling outside the general training scheduled
by the Office of the Town Manager), submit a written request to the Office of the Town
Manager (include an outline of the course material). Requests will be evaluated based on:
a. Potential benefit.
b. Cost.
c. Course material outline.
16.9 NON - SMOKING POLICY
Smoking is prohibited in accordance with Article VI, Section 18.60.010 of the Town Code
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