CC Resolution No. 12-123 Administrative Rules & Regulations_revised 08-30-23RESOLUTION N0. 12-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DIRECTING THE CITY MANAGER TO AMEND THE ADMINISTRATIVE RULES
AND REGULATIONS OF THE PERSONNEL CODE TO REFLECT ANY CHANGES
TO THE MEMORANDUM OF UNDERST ANDINGS (MOU'S) AND
COMPENSATION PROGRAMS
WHEREAS the City Council desires that the Administrative Rules and
Regulations of the Personnel Code be changed to reflect any current changes to the
Memorandum of Understanding (MOU's) and compensation programs.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby directs the
City Manager to amend the Administrative Rules and Regulations of the Personnel
Code to reflect any current changes to the compensation programs.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of October, 2012 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABST AIN:
Santoro, Mahoney, Chang, Sinks, Wong
None
None
None
ATTEST:APPROVED:
Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino
(, I
CITY OF CUPERTINO
AnwmmryrzvgRurpsmn Rpcur,,arzorvs
Offl rwPppsorvur=.r, Cow
CrrwznpPorrczgs
OCTOBER I 7, 2012
1
AnwrrvmryrwpRtirps.arvnRpctyr,,arrousoprrrpP.pnsorvnzzr Conzs
Table of Contents
Pmrl PERSONNEL RULES
SECTION 1 DEFINITIONS
SECTION 2 GENERAL ADMINISTRATION
2.1 Purpose
2.2 Policy
2. 3 Administration
2. 4 Interpretation
2.5 Coverage
2. 6 Repeal of Existing Rules
2. 7 Ai'nendments to Rules
2.8 Effective Date
SECTION 3 GENERAL PROVISIONS
3.1 Fair Employment Practices
3.2 Violation of Rules
SECTION 4 CLASSIFICATION PLAN
4,1 Preparation of Plan
4.2 Adoption and Revision of Plan
4.3 Allocation of Positions
4. 4 New Positions
4.5 Reclassification
SECTION 5 RECRUITMENT
5.1 Announcement Notices
5.2 Request for Application Forms
5.3 ApplicationForms
5.4 Disqualification
5.5 Disqualification - Nepotism
5. 6 Receipt of Applications
1
2
5
5
6
6
6
6
6
6
6
7
7
7
7
7
7
7
7
8
8
8
8
8
8
9
9
SECTION 6 EXAMINATIONS
6.1 Nature and Type of Examinations
6, 2 Promotional Examinations
6.3 Continuous Examinations
6.4 Scoring Examinations and Quali'fying Scores
6.5 NotificationofExaminationResults
2
SECTION 7 ELIGIBLE LISTS
7.1 Eligible Lists
7.2 Duration of Eligible Lists
7. 3 Placement on Eligible Lists
7.4 Ceitification
7. 5 0rder of Certification
7. 6 Removal of Names from Eligible Lists
7, 7 Replacing an Eligible List
SECTION 8 APPOINTMENTS
8.1 Type of Appointments
8. 2 Position Requisitions
8.3 0rder of Employment
SECTION 9 PROBATIONARY PERIOD
9.1 0bjective of Probationary Period
9.2 Extension of Probationary Period
9.3 Rejection During Probationary Period
SECTION 10 PERFORMANCE EV ALUATIONS
10.1 Evaluation of Employee Performance
10.2 PerformanceEvaluationForms
10.3 Ai'u"iualEvaluations-MeritIncreases
10.4 ProbationaryPeriod
10.5 Non-timelyEvaluations-MeritIncrease
10. 6 Performance Evaluations - Disagreement
SECTION 11 ST ATUS CHANGES
11.1 Transfer
11.2 Demotion
11.3 Suspension
11. 4 Reinstatement
SECTION 12 ATTENDANCE AND LEAVES OF ABSENCE
12.1 Hours of Work
12.2 Holidays
12.2.1 FloatingHolidays
12.2.2 Rescheduled Work Assignment
12.2.3 Unused Work Hours
12.2.4 Holiday Pay
12.3 Vacation Accrual
12.3.1 Vacation Sellback
12.4 Sick Leave
12.4.1 Sid< Leave Conversion
12.4.2 Conditions-SickLeaveHoursConversiontoVacation
3
12.4.3
12.4.4
12.4.5
12.5
12.5.1
12.5.2
12.5.3
12.6
12.7
12.8
12.9
12.10
12.11
12.12
12.13
12.14
12.14.1
Conditions - Vacation Hours Conversion to Sick Leave
Personal Leave
Sick Leave Verification
Incentive Compensation
Hourly Value
Retirement
Resignation
Bereavement Leave
Absence Notification
Militaiy Leave
Jury Duty
Temporary Disability Benefits
Pregnancy Disability Leave
Adoption Leave
Catastrophic Leave
Attendance
Attendance Records
SECTION 13 0VERTIME
13.1 0veitime Pay
13.2 Non-Exempt Overtime
13. 3 Exempt Employees
13.4 Stand-by Pay
SECTION 14 TERMINATION AND REEMPLOYMENT
14.1 Resignations
14.2 Layoffs
14. 3 Reemployment
14. 4 Reinstatement
SECTION 15 DISCIPLINE
15.I Policy
15.2 Procedure
15.3 Fori'nsofDisciplinaryAction
15.4 CarisesforDisciplinatayAction
15.5 Pre-disciplinaryProceedings
15.6 NoticeRequirements
15.7 SkellyMeeting
15. 8 Action Letter
15.9 FLSAExemptEmployees
SECTION 16 APPEALS AND HEARINGS
16.1 Form of Appeal
16.2 FilingofAppeal
16. 3 Representation
4
16. 4 Who May Appeal
16.5 HearingonAppeals
SECTION 17 GRIEV ANCE PROCEDURE
I 7. l Definition
17.2Stepl
17.3Step2
17.4Step3
17.5 Step4
17. 6 Advisory Arbitration
17. 7 Limitations on Autliority of Advisory Arbitrator
P.mll Ormn Crr'rwznpPorzcrps
SECTION I EQUAL OPPORTUNITY IN EMPLOYMENT
SECTION 2 ALCOHOL AND DRUG ABUSE POLICY
2.1 Purpose
2.2 Policy
2, 3 Application
2.4 Employee Responsibilities
2. 5 Management Responsibilities and Guidelines
2. 6 Physical Examination and Drrig Screening Procedures
2. 7 Fit-for Iuty Examinations
2. 8 Confidentiality
2. 9 Appeal Process
2.10 Summary
SECTION 3 PROHIBITION AGAINST HARASSMENT, DISCRIMINATION
RETALIATION 38
3.1 Policy Statement
3.2 Definition
3.3 No Retaliation
3.4 Complaint Procedure
3.5 Responsibilities
3. 6 Penalties
3. 7 Policy Staten'ient
3.8 Definitions
3.9 Policy/Procedure
SECTION 4 AMERICANS WITH DISABILITIES ACT
4.1 Purpose Prohibiting Disability Discrimination
4.2 Policy
4.3 Policy Regarding Reasonable Accommodation
5
Definitions
Reasonable Accommodation
Complaint Procedure
SECTION 5 FAMILY LEAVE POLICY
SECTION 6 REIMBURSEMENT OF EXPENSES
6.1 Personal Vehicles
6.2 Reimbursements
SECTION 7 SPECIAL CONDITIONS
7.1 Training Programs
7. 2 Suggestion System
7.3 Hospitalization, Medical, Dental and Life Insurance Programs
7.4 Memorandum of Understanding
SECTION 8 WORKPLACE VIOLENCE
8.1 Policy
8.2 Definitions
8.3 Zero Tolerance
8. 4 Violent Acts
8. 5 Reporting Violent Acts
8. 6 Workplace Violence Written Repoit
8. 7 No Retaliation
8. 8 Investigation
8. 9 Due Process
50
6
l
Pmrl
PERSONNEL RULES
OCTOBER 1 7, 201 2
1
SECTION 1 DEFINITIONS
1.1 Administrative Leave: Leave granted by tl'ie City Manager witli or without pay for a
maximum of tliirty (30) calendar days.
1.2 Allocation:Tlieassigni'nentofasinglepositiontoitsproperclassificationin
accordance witli tlie duties perfori'ned and levels of responsibility.
1.3 Ani'iiversaryDate:Adatesetfollowingabeginninglevelorpromotional
appointment, on which an employee is due for a perfonnance evaluation, or is
eligible for status change, or sl'iould be considered for a merit increase.
1.4 :Apersonwliohassubmittedanapplicationforemployinent.
1.5 AppointingAuthority: TlieCityManager.
1. 6 Candidate: An applicant invited to compete in the examination process.
1. 7 Ceitification Notice: The submission of names of eligible from an eligible list.
1. 8 Class Specification: The official description of a job classification including tlie title, a
statement of duties and levels of responsibilities, distinguisl'mg cliaracteristics from other
classes if applicable, ai'id qualification standards including education, experience,
knowledge, skills, and abilities.
1.9 Classification(Class):Agoupofpositionsliavingdutiesaiidlevelsof
responsibility sufficiently similar tliat tlie same job title, examples of duties,
qualification standards, and methods of selection and compensation may be
applied.
1.10 ConfidentialClassification:ConfidentialclassesasdefinedinCityResolutionNo.9901.
1.11 Continuous Service: Tlie uninternipted service of an employee from the date of l'ffs/her
latest appointment to the present. Continuous service sliall be broken tl'irough deatli,
discliarge, resignation, retirement, or layoffs exceeding twelve (12) montlis duration
witliout tlie employee liaving been reinstated. Continuous service sl'iall be internupted
tmough a leave of absence or suspension witliout pay exceeding ten (10) work days.
1.12 : Calendar days, ui'iless otherwise indicated.
1.13 Demotion:Tl'iemovementofanemployeefromoneclasstoanotlierclassliaving alower
maximum rate of pay.
1.14 :Apersonwhosenameisonanopencompetitiveorpromotionaleligiblelist.
2
1.15 Eligible List:
Open migible List: A list of nai'nes of persons wlio liave taken and qualified in an open
competitive examination for a position subject to the merit and fitness provision of
Cliapter 2.52 of tlie Personnel Code.
Promotional Eligible List: A list of names of persons who liave taken and
qualified in a promotional exainination for a position subject to the merit aiid
fitness provision of Chapter 2.52 of the Persoi'uiel Code.
1.16 EmployeeOrganization:Anorgai'iizationrecognizedinaccordancewithtlie
provisions of Cliapter 2.52 et seq. of tlie Personnel Code.
1.17 Giievance: A good faitli dispute or difference of opii'iion raised by an employee
involving the meaning, interpretation, or application of tlie expressed provisions of a
Memorandum of Understanding, city policy, or existing work rules conceining a matter
witliin tlie scope of representation.
1.18 Examination:
Open Coynpetitive Examitzahon: The testing process for a paiticular class
wliich is open to all persons meeting tlie requirements for tlie position.
Promotional Examination: The testing process for a particular class,
admission to tlie examination being limited to employees with regular
status who meet tlie requirements for tlie position.
Coydinuous Examiyqatxoyz: Tlie testing process announced on an open
competitive basis administered periodically resulting in tlie placement of
names, in order of final scores, on an employi'nent list for a period of one year.
1.19 Exdusive Representative: An employee orgai'iization, or its duly autliorized
representative, tliat lias been granted fonnal recognition by tlie mui'iicipal
employee relations officer following a secret ballot election as representing tlie
employees in an appropriate unit.
1.20 Exempt Positions:
Persoimel Code Exemptions:
Tlie City Manager, City Attoniey, Department Directors, Executive Assistant to the City
Manager, Legal Services Manager, and employees serving under appointments of
provisional, exempt, temporary, or emergency status, are not subject to tlie meiit and
fitness provisions of tlie Personnel Code.
3
Fair Labor Standards Act (FLSA) Exemptions:
Executive, Admii'iistrative, and Professional employees designated exempt under the
FLSA. (29 CFR §§541.1 - 541.3 et seq)
1.21 Fiscal Year: July 1 througli June 30.
1.22 HumanResourcesDirector:T1ieCityManagerorlffsdesignatedrepresentative.
1.23 In.iury Leave: Leave arising out of and in tlie course of employi'nent as defined by
Workers' Compensation laws, State of California Labor Code.
1.24 In-Service Training: Any class, seminar, worksliop, traiiiing course or conference
paiticipated in by an employee wl'ffle working for tlie city.
1.25 Separationfromemployi'nentduetolackofworkorlackoffunds.
1.26 Management Classifications: Management classes as defined in City Resolution No.
9901.
1.27 Merit Salary Increases: Advaiicement througli the steps of a salary range, based on
satisfactory job perfon'nance, at specified time intervals.
1.28 Municipal Employee Relations Officer: The City Manager or his duly autliorized
representative.
1.29 Norinal Workweek: A nori'nal workweek is defined as 40 liours of work in seven working
days unless modified by tlie Departinent head.
1.30 Persoruiel Code: Cliapter 2.52 of tlie Municipal Code.
1.31 Probationary Period: Tlie final component of the selection process involving a 12 month
working test during wliicli an employee is required to demonstrate fitness for tlie
assigned position by actual perforinance of tlie duties of the position.
1.32 Promotion: Tlie movement of an employee from one class to anotlier class liaving a
l'iiglier maximum pay rate.
1.33 ProvisionalAppointment:Anappointmentofapersonwliopossessesthe
ininimum qualifications establislied for a particular class and who lias been
appointed to a position in the absence of an eligible list and is liinited to one
hundred and eiglity (180) calendar days of employinent.
1.34 Recall: Re-employi'nent of a person laid off from employinent as a result of a lack of
work or lack of funds.
4
1.35 Reclassification:AllocationbytlieCityMaiiagerofanindividualpositionto
anotlier more appropriate classification, wlietlier new or already created.
1.36 RegularEmployee:Anemployeewholiassuccessfullycompletedthe
probationary period.
1.37 RegularPart-timeEmployee:Anemployeeappointedinapaittimebasistoan
autl'iorized position witli pro-rated benefits wlio lias successfully completed the
probationary peiiod.
1.38 Reinstatement: The reemployinent witliout examination of a fon'ner regular employee
wlio resigned in good standing aiid is eligible for reinstatement to tlieir fonner class
pursuant to tlie provisions of a memorandum of understaiiding.
1.39 Review Date: See Section 1.3 Anniversary Date
City Seniority: Tlie lengtli of continuous service by an exempt or regular
employee.
Classification Seniority: The lengtli of continuous service in a classification
an exempt or regular employee.
by
1.41 : Tlie temporary separation from employinent without pay, of an
employee for disciplinary puiposes.
1.42 Temporary Employee: An employee appointed on an "as needed" basis for work wl'ncli is
anticipated to be of a temporary or interinittent nature eitlier on a full-time or pait-time
basis. Sucli appointments are based on an liourly rate of pay wlien less tlian fiill-time and
do not include benefits except as prescribed by law and may not work more than 1,000
liours per fiscal year.
1.43 Total Compensation: The total remuneration, including salary, applicable
economic employee benefits, and working conditions received by tlie employee
from tlie city.
1.44 Transfer: A cliange of an employee from one position to another in tlie same class or in a
comparable class.
1.45 Working Days: Days tlie City offices are open for business
SECTION 2 GENERAL ADMINISTRATION
2.1 !
5
Tlie purpose of these Rules shall be to provide tlie basis of a merit system by wl'fflch the
persomiel program shall be administered. Tliese Rules shall also provide tlie basis of
comi'non 11nderstandiiig between the supervisors and employees as to tenns and
conditions of employi'nent insofar as tliey are not superseded by a fon'nally adopted
Memorandum of Understanding pursuant to tlie provisions of Cliapter 2.52 of tlie
Personnel Code, Section 2.52.280 Employer-Employee Relations.
The policy under which tliese Rules sliall be administered is to provide for fairness botli
to the employee and the city and for consistency and unifon'nity in tlie administration of
tlie Personnel Program.
2.3 Administration
Tlie administration of tliese Rules is hereby vested in the Human Resources
Director subject to administrative policies as set forth by tlie City Manager.
2.4 Interpretation
Any interpretation, definition or meaning of any provision, term or condition contained
lierein sliall be as set fortli in writing by tlie Human Resources Director wliose
interpretations, defii'iition or meaning sliall be considered as supplemental liereto.
All officers, employees and positions sliall be subject to tliese Rules except for
those officers, employees and positions specifically enumerated lierein below.(l,'a '
a. All Elected Officers
b. City Manager
c. City Attorney
d. Chainnen and members of appointed boards, coi'ninission and coi'ninittees
e. Part-time, temporary, aiid seasonal employees.
2.6 RepealofExistingRules
All existing Rules and other policies currently or lieretofore in effect relating to
tliose ten'ns aiid conditions of employinent as provided for lierein are liereby
rescinded and repealed.
2. 7 Ainendments to Rules
Ainendments to and modifications of these Rules sliall be as set fortli in tlie
Persoruiel Code.
2.8 Effective Date
Tliese Rules sliall be filed witli tlie City Clerk on adoption by tlie City Council and sliall
become effective iininediately thereafter.
6
SECTION 3 GENERAL PROVISIONS
3.1 Fair Employi'nent Practices
No question in any test, application forin, or in any otlier persoi'uiel proceeding sliall be so
framed as to attempt to elicit inforination conceniing race, religion, color, sex (including
gender, gender identity, gender expression, and pregnancy), sexual orientation (including
heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizensl'ffp
status, unifonned service member status, marital status, pregnancy, age, medical
condition, genetic infoimation and genetic cliaracteiistics, and physical or mental
disability or any otlter protected classification under tlie law, except tliat tlie City may
inquire wliether tlie applicant can perfonn tlie essential job function witli or witl'iout
reasonable accomi'nodation.
3.2 Violation of Rules
Violation of the provisions of tl'iese Rules may be grounds for disciplinaiy action or
removal from an eligible list.
SECTION 4 CLASSIFICATION PLAN
4.1 PreparationofPlan
Tlie Human Resources Director sliall asceitain and record tlie duties and responsibilities
of all positions and, after consulting with tlie Appointing Autliority and heads of
departments affected, sliall recoi'i'u'nend a classification plan for such positions. Tlie
classification plan shall consist of classes of positions defined by class specification
including the title. The classification plan sliall be so developed and maintained tliat all
positions substantially similar with respect to duties, responsibilities, autlioiity, and
character of work are included within the same class, and tliat tlie same schedules of
compensation may be n'iade to apply witli equity under like working conditions to all
positions iii the same class.
4.2 Adoption and Revision of Plan
The classification plan shall be adopted and may be amended from time to time by
resolution of tlie City Council.
4.3 Allocation of Positions
Following the adoption of tlie classification plan, the Human Resources Director sliall
allocate every regular positioi'i to one of tl'ie classes establislied by tlie plan. Allocation
factors directly relate to duties, responsibilities, and minimum qualifications, and do not
include the amount of work perfonned or otlier factors related to compensation.
4.4 New Positions
When a new position is created, before it may be filled, tlie Appointing Autlioiity shall
notify the Human Resources Director and except as otlierwise provided by tliese i'ules, no
person shall be appointed or employed to fill any such position until the classification
7
plan lias been amended as necessary to provide tlierefore and an eligible list establislied
for sucli position.
4.5 Reclassification
Positions, tlie duties of wl'ffch have clianged materially so as to necessitate
reclassification, sliall be allocated by the Humaii Resources Director to a
more appropriate class, whether new or already created.
SECTION 5 RECRUITMENT
5. I Announcement Notices
All examinations for regular positions sliall be publicized by posting announcements on
official bulletin boards and by sucli otlier metliods as the Human Resources Director
deems advisable. Special recruitment sliall be conducted, if necessary, to insure tliat all
seginents of tlie coini'nunity are aware of fortlicoming exai'ninations. Tlie announcement
sliall specify the title and pay of tlie position for wl'iich tlie examination is announced;
tlie nature of tlie work to be perfonned; typical duties; qualification requirements for the
position; tlie mai'iner of making application, components of tl'ie testing process, and any
otlier pertinent infori'nation. Certified copies of college transcripts, motor vel'ncle diiver
records, and otlier documents required during tlie application process will be identified
in the announcement notice.
5.2 Request for Application Fon'ns
Applications will only be provided during tlie period set forth in the announcement
notice. Internal lists of subsequent job openings will not be maintained.
5.3 Application Fon'ns
Co'inpleted applications are required for all open and promotional examinations. All
applications must be signed by the person applying. Resumes are not accepted in lieu of
completed applications.
5.4 Disqualification
The Human Resources Director sliall reject any application whicli indicates on its face
tliat tl'ie applicant does not possess tl'ie minimum qualifications required for tlie position.
Applications sliall be rejected if tlie applicant is pliysically unfit for the perfonnance of
duties of tlie position; is addicted to tlie habitual excessive use of drugs or intoxicating
liquor; lias been convicted of a crime involving moral turpitude; has made any false
statement of any material fact, or practiced any deception or fraud in tlie application.
X)Vhenever an application is rejected, notice of sucli rejection witli statement of reason
sliall be mailed to the applicant by tlie Human Resources Director. Defective applications
may be returiied to tlie applicant with notice to amend tlie same providing tlie tiine limit
for receiving applications has not expired.
5.5 Disqualification - Nepotism
8
It is tlie policy of tlie City of Cupertino to remain free from nepotism wliile not
discriminating against tlie applicant. Tlie following provisions apply:
a. Members of tlie iiui'nediate family of City Council members may not be employed by
the city during tlie Councilmember's terin of office.
b. Members of an iini'nediate family may not be employed simultaneously by tlie city in
positions wliere family influence and/or relationship might affect supervision, safety,
security, or morale in a manner detrimental to tlie conduct of city business, or where
sucli relationships may result in conflicts of interest.
c. "Iininediate family" is defined as spouse, domestic partner, parents, siblings, cliildren,
grandparents, grandson or granddaughter grandcliildren, step cl'iildren, mother-in-law,
father-in-law.
5. 6 Receipt of Applications
Applications must be received by the final filing date as set foitli in tlie announcement
notice. Applications received througli facsimile (fax) transmission by tlie final filing date
are acceptable on tlie condition that tlie oiiginal application is received no later tlian by
5:00 p.m. one week following the closing date.
SECTION 6 EXAMINATIONS
6.1 NatureandTypeofExaminations
Tlie selection tecl'uiique used in tlie exainination process shall be job related and designed
to fairly measure tlie relative capacities of the persons examined to execute tlie duties and
responsibilities of the position to whicli tliey seek to be appointed as detennined by tlie
Human Resources Director. Examinations shall consist of selection tecl'u'iiques wlffcli
will test fairly tlie qualifications of candidates sucli as, but not necessaiily limited to,
written tests, personal interviews, perfori'nance tests, pl'iysical agility tests, evaluation of
daily work perfonnance, work samples, medical examinations, or any combination of
tliese or otlier tests. Tlie probationary period shall be considered as an extension of tlie
examination process. Exan'iinations sliall be designed to provide equal oppoitunity to all
candidates by being based on an analysis of tlie essential requirements of tlie
classification, covering only factors related to sucli requirements.
6.2 Promotional Examinations
Promotional examinations may be conducted whenever, in tlie opii'ffon of the Humaii
Resources Director after consultation witli tlie respective Department Head, tl'ie needs of
tlie service are required. Promotional examinations may include any of tl'ie selection
teclu'iiques identified in Section 6.1 of tliese rules, or any combination tliereof. All
cuirent employees in good staiiding wlio satisfy requirements set foitli in tlie promotional
examination aniiouncement may compete in sudi an examination.
9
6.3 Continuous Examinations
Open competitive examinations may be adininistered periodically for a single
class as tlie needs of the city require. Names sliall be placed on eligible lists in order of
final score and shall remain on such lists for a period of up to one year.
I
6.4 Scoring Examinations and Qualifying Scores
A candidate's score in a given examination shall be based on his/lier scores in eacli
competitive part of the exai'nination, weighted as shown in tlie exai'nination
announcement. Failure in one part of the exainination may be grounds for declaring sucli
candidate as failing in tlie entire examination or as disqualified for subsequent paits of an
exainination. The Human Resources Director may, at his/her discretion, include as a
part of tlie exainination tests wl'ffch are qualifying only.
6.5 Notification of Examination Results
Candidates in an examination sliall be given written notice of wlietlier they were
successful in the exainination process. If successful they sliall be placed on an eligible
list.
SECTION 7 ELIGIBLE LISTS
7.1 Eligible Lists
After the completion of an examination tlie names of successful applicants sliall be placed
on an eligible list from wl'ffch appointments sliall be made.
7.2 Duration of Eligible Lists
Eligible lists shall remain in effect for tl'nee montlis unless exhausted sooner or abolislied
by tlie Human Resources Director. Eligible lists may be extended for up to one year by
action of tlie Human Resources Director.
7.3 Placement on tlie Eligible List
Eligible persons sliall be placed on an eligible list by: (1) rai'ik iii order of final score after
all components of the selection process, (2) by alpliabetical placement in a category
(superior, good, average) as deterinined by final score, or (3) by alphabetical assigi'unent
on the eligible list. Tlie Human Resources Director sliall deten'nine tlie type of eligible
list after tlie testing process is completed for ead'i examination.
7.4 Certification
Tlie number of eligible applicants certified for tlie employinent interviews shall be
determined consistent witli tlie method of placement on tlie eligible list as set foitli
below.
Method of Placement
Final Score
Certification
Rule of Tl'u-ee I
10
Category
Alphabetical
Rule of Rank
Rule of List
7.5 0rder of Certification
Tl'ie Human Resources Director sliall ceitify tlie names of persons eligible for
appointment in tlie following order:
a. Recall Lists
b. Request for transfer or demotion
c. Reinstatement Lists
d. Promotional Lists
e. Open Eligible Lists
7.6 RemovalofNamesfromEligibleLists
Tlie name of aiiy person appearing on an eligible list shall be removed by the Human
Resources Director upon receipt of a request in writing to do so, if tlie person fails to
respond to a notice of certification mailed to his/her last known address, or if the person
lias been certified for appointment tl'iree times and has not been appointed. Tlie person
affected sliall be notified of tlie removal of l'ffs/her name by a notice to tlie last la'iown
address. Tlie names of persons on promotional eligible lists who resign from city service
sliall automatically be removed upon termination of employi'nent.
7. 7 Replacing an Eligible List
If there are fewer tliaii three persons on an eligible list available for employinent, tlie
Human Resources Director may abolisli said eligible list and notify eacli person on the
eligible list.
SECTION 8 AJ'POINTMENTS
8.1 Type of Appointments
All vacancies sliall be filled by recall, traiisfer, demotion, reinstatement, or from an
eligible list ceitified by tl'ie Human Resources Director. In tlie absence of eligible lists,
provisional appointments may be made consistent witli tlie provisions of tliese rules.
Appointments fall into tlie following categories:
a. Regular Full-Time: Appointment on a full-time basis to an authorized position.
b. Regular Pait-Time: Appointment on a pait-time basis to an authoiized position witli
partial benefits.
c. Temporary: Appointment on aii "as needed" basis for work wlffcli is anticipated to be
of a temporary or intennittent nature, eitlier on a full-time or part-time basis. Less
tlian full-time appointments are based on an liourly rate of pay and do not include
benefits except as prescribed by law. No special credit or consideration for service
shall be given to a temporary appointee in qualifying for a regular appointment.
11
d. Provisional: hi the absence of appropriate eligible lists, a provisional appointment
may be made by tlie Appointing Autliority of a person meeting tlie minimum training
and experience qualifications for tlie position. An eligible list shall be establislied
witlffn six months for any regular position filled by provisional appointment. No
special credit or consideration for service sliall be given to a provisional appointee in
qualifying for a regular appointment.
e. Exempt: All employees occupying positions as described in Section 1.20 herein.
f. Limited Ten'n (CEA aiid Ui'irepresented only): Tlie City Manager may make a limited
tenn appointment wlien services are required for a specified period of time or for a
specific project. Limited terin appointments include but are not limited to:
a. Positions that have no long raiige funding or for which funding is uncertain.
b. A specific period of time not to exceed two (2) years, or for tlie life of a specific
project wliere tlie funding source will exceed two (2) years but will cease at tlie
end of the project.
All limited terin employees are subject to tlie saine terins and conditions of employinent
tliat apply to regular full-time employees, except as provided in tl'iis section. Limited
tenn appointments sliall be made from current employi'nent eligibility lists.
Limited tenn employees sliall expire at the end of tlie specified ten'n or conclusion of tlie
specified project unless terininated earlier. Upon expiration or ten'nination of tlie Iimited
ten'n appointment, the appointee shall have not further riglit to continued employi'nent
witli the City. Tlie City Maiiager shall liave tlie autliority to ten'ninate a limited ten'n
appointment at any time wlien funds are no longer available, or wl'ien the project
workload is complete. A limited teim employee liolds employinent at will and may be
released witliout cause and witliout riglit of appeal.
8.2 Position Requisitions
Whenever a vacancy is to be filled, the depaitment ui whicli tlie vacancy exists sliall
complete a personnel requisition forin and submit it to tlie Human Resources Director
after approval by tlie City Manager.
8.3 0rder of EmpIoyi'nent
Positions shall be filled by any persons on a recall list in order of seniority. Positions may
be filled by a traiisfer, demotion, or reinstatement. If three or more persons are on a
promotional eligible list and willing to accept tlie position, :m appointment sliall be made.
If three or more persons are on aii open eligible list and willing to accept tlie position, an
appointi'nent sliall be made if the position is to be filled wl'ffle the eligible list is active.
12
SECTION 9 PROBATIONARY PERIOD
9.1 0biectiveofProbationaryPeriod
Tlie probationary peiiod shall be considered a part of tlie testing process for appointments
to regular full time positions, and sliall be utilized for closely observing the employee's
work and for secuiing tlie most effective adjustment of a new employee in tlie new
position.
9.2 ExtensionofProbationatayPeriod
If a probationary employee is off work, for any reason, for four consecutive weeks or
more, tlie employee's probationary period will be extended for the period of his/her
absence.
9.3 ReiectionduiingProbationaryPeriod
During tlie probationary period, an employee may be rejected at any time by the
Depaitment Head witliout cause and witliout rigl'it of appeal. Notice of rejection sliall be
served in wiiting to tlie probationer, indicating tliat tlie employee lias failed to
satisfactorily complete tlie probationary peiiod.
SECTION 10 PERFORMANCE EVALUATIONS
10.I EvaluationofEmployeePerfon'nance
It is the responsibility of Depaitment Heads and/or supervisors to prepare periodic
evaluations of perfon'nance results to measure and record tlie employee's actual
perfonnance. Strengtlis and weaknesses will be documented and recoruinended courses
of action outlined for correction and improvement. Tlie purpose of periodic perfon'nance
evaluations is to provide continuing feedback to employees conceriffng perfon'nance. Tlie
perfoi-mance evaluations sliall measure, as objectively as possible, botli quaiitity and
quality of work, the manner in wliich tlie service is rendered, and tlie observance of
regulations and procedures properly goveiing the perfon'nance of duties.
10.2 PerfonnanceEvaluationFonns
Perfonnance evaluations sliall be based upon fon'ns approved by tlie Human Resources
Director. Service ratings sliall be based upon tlie independent judgi'nent of one or more
supervisory persoi'uiel, including tlie ii'ni'nediate supervisor of the employee being rated.
Perfoimance evaluation foims will be provided 30 days prior to tlie date sclieduled to be
retut-ned to tlie Human Resources Director. Tlie completed perfon'naiice report sl'iall be
presented to tlie employee for review and signature, and then forwarded to tlie Human
Resources Director.
10.3 AiuiualEvaluations-MeritIncreases
Perfonnance ratings sliall accompaiiy all requests for meiit increases. Employees at tlie
"E" step shall l'iave tl'ieir perfoimance evaluated on tlieir annual ai'iniversary date in tlie
13
classification, or a modified date agreed upon by tlie Department Head and Human
Resources Director.
10.4 ProbationaryPeriod
Perfon'nance evaluations shall be completed every three months during the
probationary period.
10.5 Non-timelyEvaluations-MeritIncrease
If a perfon'nance evaluation is not submitted prior to a sclieduled meiit increase, tlie
employee will automatically advance to tlie next l'iigher salary step.
10.6 PerfonnanceEvaluations-Disagreement
Employees sliall liave the riglit to attach a statement disagreeing witli tlie perfon'nance
ratings received. Tlie statement will be filed witli tlie perfon'nance evaluation.
SECTION 11 ST ATUS CHANGES
11.1 Transfer
No person shall be transferred to a position for wl'iicli lie/slie does not possess tlie
miniiuum qualifications. Upon approval by the Human Resources Director, an employee
may be transferred by tlie Department Head at any tiine from one position to anotlier in
tlie same class. If tlie transfer involves a change from one deparh'nent to anotlier, botli
Department Heads must approve.
11.2 Demotion
Upon request of the employee, aiid witli tlie consent of tlie Department Head, demotion
may be made to a vacant position. No employee sliall be demoted to a position for wliicli
lie/slie does not possess tlie minimum qualifications.
A Depaitinerit Head may, after revievv witli the Human Resources Director, suspend an
employee from liis position at any time for a disciplinary purpose. All suspensions sliall
be consistent witli tlie provisions of Memoranda of Understanding and Administrative
Procedures.
11.4 Reinstatement
Witli tlie approval of tlie Department Head, a regular or probationary employee wl'io lias
resigned witli a record of satisfactory service may be reinstated within two years of tlie
effective date of resignation to a vacaiit position in tlie same class. Upon reinstatement,
fon'ner service credit witli tlie city shall be restored for tlie purpose of deten'nii'iing benefit
accruals. Sick Ieave hours will not be restored and for all otlier purposes the employee
sliall be considered as thougli he/slie had received an original appointment.
24
SECTION 12 ATTENDANCE AND LEAVES OF ABSENCE
12.1 HoursofWork
A nori'nal workweek sliall be 40 liours of work in seven days witli two consecutive days
off. Altetnative Work Schedule (AWS) may be considered, including 9/80 and 4/10, but
must be approved in advaiice by tlie Department Head. The City reserves the riglit to
rescind sucli approvals if the AWS results in an undue burden to tlie City.
Tlie liolidays to be observed are as follows:
a. New Year's Day
b. Martin Lutlier King Day
c. President's Day
d. Memorial Day
e. Independence Day
f. Labor Day
g. Veteran's Day
li. Tlianksgiving Day
i. Fiiday Following Thai'iksgiving Day
j. Cl'iristmas Eve
k. Clistmas Day
1. New Year's Eve
Holidays falling on a Saturday will be observed on tlie preceding Fiiday and liolidays
falling on a Sunday will be observed on tlie following Monday.
12.2.1 Floating Holidays
In addition to the foregoing paid liolidays, eligible employees sliall eain 20 hours of
lioliday leave per year tliat may be used in increments of not less tliai'i one (1) liour.
Floating l'ioliday leave sliall be eained at tl'ie rate of.77 liours per pay period. Holiday
leave may be accumulated up to 40 liours. Holiday leave sliall be taken at tlie discretion
of tlie employee subject to piior supervisory approval.
12.2.2 ResclieduledWorkAssigtu'nents
Notl'iing contained lierein sliall preclude tlie iiglit of tlie Depaitment Head witli tlie
approval of tlie City Manager to reschedule work assigiunents or liours of work to meet
emergency situations and other administrative necessities caused by tlie observance of a
lioliday or non-work day or period; provided, liowever, tliat all sucli affected employees
are duly compensated for said resclieduled work assigi'unents.
12.2.3 Unusual Work Hours
Employees whose non'nal work day is at variance witli tlie non'nal work liours specified in
Sectiotz 12.1 of these rules will be compensated for the additional work liours required.
15
12.2.4 HolidayPay
hi order for an employee to receive his/her regular pay for a lioliday or designated non-
work day, work must be perforined on tlie regular sclieduled day before and tlie regular
scheduled day after the holiday or designated non-work day. Employees on vacation,
injury leave, sick leave, or approved sliort terin leave of absence, with pay, shall be
considered as working tlieir regular scliedule for pay purposes.
12.3 VacationAccrual
All employees, other tlian tliose liolding temporary status, wliose work assigninent is of a
recurring nature of not less than a non'nal work week shall accrue vacation credits.
Accrued vacation may be taken witli the prior approval of tlie supervisor. Vacation leave
must be taken in no less tlian one (1) liour increments.
Vacation hours shall be accrued in accordance to tlie following table:
YgmsopSmmcg HoumAccpu,<r
PmPxyPpmon
D.zysppn Ypm
0-3 3.08 10
4-9 4.62 15
10-14 5.24 17
15-19 6.16 20
20+6.77 22
All employee may accrue vacation l'iours up to two times tlie aiu'iual liours being earned.
011 teri'nination of employinent an employee shall be compensated for all eanied but
unused vacation accrued at the time of terinination. Unused vacation may not be used to
extend tlie final employi'nent date.
Tlie accrual of vacation credits for tliose employees wliose nonnal work week is of not
less than one-lialf (1/2) time sliall be prorated according to tlie time of tlie recurring work
assigi'u'nent as to tlie non'nal work week.
12.3.1 Vacation Sellback
Employees may convert, up to two times per calendar year, unused vacation time for
payinent subject to tlie following conditions:
a) Tlie employee must liave a minimum of 120 liours of accrued vacation
iiui'nediately prior to a conversion.
b) Any payi'nents made for accrued vacation liours will be subject to taxes as
detennined by law.
c) Minimum exchange will be one day. Maximum excliange will be ten days. All
exclianges are irrevocable.
16
d) A maximum of 80 liours of accrued vacation may be converted for pay
duiii'ig a calendar year.
12.4 Sick Leave
All full time employees liired before October 17, 2012, (other tlian tliose liolding
temporary status), sliall eani eigl'it (8) liours per montli sick leave time witliout limit on
accumulation. All full time employees lffred on or after October 17, 2012, shall eani
eiglit (8) liours per months of sick time but may accrue no more tlian 240 liours of sick
leave time.
Tliose regular employees working less tlian :full time (aiid at least 20 liours per week)
shall eani a prorated amount of sick leave based on tlieir regular liours worked in relation
to 40 hours. Employees absent witliout pay for any reason for more tlian foity (40) liours
during a pay period sliall not earn sick leave benefits for tliat montli.
Sick leave may be utilized due to the employee's personal illness, injury, pregnancy
disability, or siclaiess or injury in tlie employee's iininediate fainily as defined below.
Tlie employee's iirunediate family consists of tlie following: Clffldren, step-cliildren,
spouse/domestic partner, parents, motlier-in-law, fatlier-in-law, siblings, grandparents and
grandchildren. Employees sliall, whenever possible, make appointments for medical,
dental, and similar purposes during non-work liours. If tl'iis is not possible, sick leave
may be used for these purposes.
Witli proper notice and approval of tlie supervisor, sick leave shall be taken in periods of
no less than one-half hour increments. Accrued sick leave hours are not vested under
Califoniia statutory law.
12.4.1 Sick Leave Conversion
Represented employees will liave tlie option, subject to approval, of conveiting sick leave
to vacation leave on a two-to-one basis only if the employee's remaining sick leave
balance is 40 liours or more. Tlie maximum allowable excliange will be 96 hours of sick
time for 48 l'iours of vacation leave per calendar year. Minimum excliange will be 8
liours sick leave for 4 liours of vacation. An employee liired on or after October 17, 2012,
may borrow up to 80 liours of sick leave, subject to Department Head approval. Tlie
employee will be required to repay tliis advance eitlier in sick leave liours or dollars, at
tlie employee's option, upon returning to work as defined in tlie sick leave advance
policy.
If tlie employee separates employi'nent piior to repayi'nent of tlie full balance due, tlie
amount will be deducted from their final payclieck.
All employee may conveit sick leave in excess of 320 liours to vacation leave on a one-to-
one basis with a maximum of 48 liours and a minimum of 4 hours and may convert up to
an additional 32 liours on tlie basis of one liour of sick leave to O.7 liour of vacation leave.
17
Tlie conversion of sick leave in excess of 320 liours to vacation leave as described lierein
is limited to no more than a total of 80 hours per calendar year.
12.4.2 Conditions - Sick Leave Hours Conversion to Vacation
a) All requests to exchange sick leave for vacation time sliall be submitted in wiiting
to tlie Department Head at least sixty (60), fourteen (14) or tl'ffrty (30) calendar
days piior to intended utilization for OE3, CEA and ui'irepresented /City Attomey
respectively.
b) At least one-lialf of the vacation accrued during tlie previous twelve
montlis must liave been taken.
12.4.3 Conditions - Vacation Hours Conversion to Sick Leave
a. If twelve (12) months have elapsed since approval of tlie exchange of sick leave
for vacation, and tlie employee lias not been pen'nitted to use the conveited
vacation time, (after submitting at Ieast one wiitten request for utilization) tl'ie
employee will liave the right to re-convert tlie vacation time to sick leave in
reverse ratio to tlie original excliange. Tl'iis excliange will be allowed for
previously conveited sick time to vacation and will not be pennitted for regularly
accrued vacation time.
b. If aii employee, after conveiting sick leave to vacation time, exliausts all of l'ffs/her
remaining sick leave due to injury or illness, he/slie may make a written request to
tlie Department Head to re-convert vacation time to sick leave on a reverse ratio"
basis. Approval will be subject to an assessment by tlie Department Head.
12.4.4 Personal Leave
Employees represented by tlie Operating Engineers Ui'iion Local No. 3 (Public Works
Unit) - tlie city shall allow accumulated sick leave to be used for cosiducting personal
business tliat cannot be conducted outside regular working l'iours.
Personal leave is not a benefit to other employees.
12.4.5 Sick Leave Verification
A Department Head or supervisor may require employees to fuiisli reasonable
acceptable evidence, including a doctor's certificate, to substaiitiate a request for sick
leave if tlie sick leave exceeds three (3) consecutive workdays. A supervisor may also
require a doctor's ceitificate or other fori'n of verification wliere leave abuse is suspected.
If it appears that an employee is abusing sick leave or is using sick leave excessively, tlie
employee will be counseled tliat tlie continued use of sick leave may result in a
' "Reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original mtion at the
time the initial exchange was implemented.
18
requirement to fuii'iish a medical certificate for eacli sucl'i subsequent absence for sick
leave regardless of duration. Continued abuse of leave or excessive use of sick leave may
constitute grounds for discipline up to and including dismissal.
12.5 Incentive Compensation
12.5.1 HourlyValue
For all employees, at tlie time of ten'nination, tlie value of non-vested hours is converted
to an incentive compensation bai'ik equal to tl'ie employee's final base liourly rate
multiplied by tlie total number of non-vested liours.
12.5.2 Retirement
If upon retirement an employee lias a minimum of 320 non-vested liours, payinent sliall
be made for up to eight-five percent (85%) of tlie value of tlie incentive compensation
bank.
12.5.3 Resignation
If upon resignation an employee lias a minimum of 320 non-vested liours, payinent shall
be made for up to seventy percent (70%) of tlie value of tlie incentive compensation bank.
12.6 Bereavement Leave
Employees shall be granted paid bereavement leave of up to 24 hours upon the occasion
of death of a close relative. Close relatives are defined as motlier, fatlier, sister, brotlier,
wife, liusband, domestic partner, cl'iild, stepcliild, grandparent, grandchildren, mother-in-
law and fatlier-in-law. Additional bereavement leave of up to 16 hours will be granted for
travel out of state or over 200 miles.
12. 7 Absence Notification
An en'iployee is not expected to be absent from work for any reason other tlian personal
illness witliout making piior arrangements witli l'ffs/lier supervisor. Unless piior
arrangements are made, an employee, wlio for any reason fails to report for work must
ii'i'unediately notify l'ffs/her supervisor of tlie reason for being absent. If tlie absence,
wlietlierforpersonal illness or otlierwise, is to continue beyond tlie first day, tlie
employee must notify tlie supervisor on a daily basis unless otlierwise arraiiged.
Absences exceeding three (3) days require a pliysician's certification of illness and release
to rettuqi to work. The certification and release must be provided at tlie time of return to
work. A continuing illness requires a pliysician's certification of illness during eacli pay
petiod. Any unauthorized absence of an employee from duty sliall be deemed to be an
absence witliout pay aiid will be grounds for disciplinary action up to and including
dismissal by the Department Head. In tlie absence of sucli disciplinary action, any
employee who is absent for tl'iree days or more witliout autliorized leave sliall be deemed
to liave resigned. Sucli absence may be covered, liowever, by tlie Depaitment Head by
approving leave with or witliout pay wlien extenuating circumstances are found to have
existed.
19
12.8 MilitaryLeave
Military leave sliall be granted in accordance witl'i tlie provisions of Califori'ffa statutory
law. All employees entitled to military leave sliall give tlieir supervisor an opportunity,
witl'ffn tlie Iimits of tlie military requirement, to deten'nine wlien sucli leave shall be taken.
Employees called for jury duty sliall be paid for regulu work time upon receipt by tlie
Human Resources Director of confiri'nation tliat tlie employee repoited to jury duty by the
Jury Corui'nissioner.
12.10 TemporaryDisabilityBenefits
Aiiy employee sustaining an injury arising out of, or in the course of, tlie perforinance of
l'ffs job aiid wlio cannot perforin tlie duties and responsibilities non'nally assigned to tliat
job is entitled to receive temporary disabiIity payi'nents as prescribed by Califon'ffa
statutory law.
Any employee entitled to receive temporary disability payinents may elect to supplement
sucli payi'nents witli an amount not to exceed tliat wlffch is tlie employee's weekly earning
or weekly eari'iing capacity by use of accrued sick leave liours.
12.11 PregnancyDisabilityLeave
An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy
disability leave (PDL) as defined by law. Tliis leave is to be used when the employee is
disabled due to pregnancy or child birth or related medical condition, includiiig, but not
limited to, mon'iing siclaiess, pregnancy complications and prenatal appointments.
Accrued sick leave may be used during tlie leave, and tlie employee lias tlie option to use
accrued vacation, floating holidays and/or compeiisatory time in order to receive pay
during tlie leave. If tlie employee is also eligible for leave under tlie Federal Family
Medical Leave Act (FMLA), tlie leave tlie employee takes for pregnancy disability will be
run coiicurrently witli tlie employee's entitlement to up to 12 weeks of FMLA leave.
Employees otherwise eligible for liealtli insurance benefits (medical, dental and vision)
will continue to receive such benefits during tlie peiiod of tlie PDL leave up to four
montlis as defined by law per 12 month period.
After PDL and FMLA leave, if applicable, expires and if tlie employee is on unpaid status
or tlie employee l'ias less tlian 20 liours per week on tlieir timesl'ieet, tlie employee may
elect to continue and etairoll in COBRA benefits at employee's expense.
Tlie employee will be accruiiig sick leave, floating lioliday and vacation leave during tlie
period of time, if any, tlie employee is in paid status. Any time tlie employee's liours
adjust to less tlian 40 liours per week, liowever of paid status, tlie employee's accrual
rates (sick leave, vacation leave, floating lioliday) will be prorated and be adjusted
accordingly. Sick leave, floating holiday and vacation leave do not continue to accrue
during any period tlie employee is on unpaid status.
20
Under the Califon'ffa Fainily Riglits Act (CFRA) eligible employees are entitled up to 12
additional weeks of leave to bond with tlie baby. To be eligible for the CFRA bonding
leave, employee must have been employed by tlie City for at least one year and have
worked at least 1250 l'iours during the year preceding the leave. This leave is unpaid, but
tlie employee may use floating holiday, compensatory time and vacation leave in order to
receive pay during tlie leave. Tlie employee may use sick leave for a baby's illness or
doctor's appointment wlien applicable to receive pay during the leave. Bonding leave
must be used witliin one year of tlie birtli of tlie baby. See Part II, section 5 of the City
liandbook concerning CFRA leave.
An employee wlio plaiis to take PDL must give a reasonable notice (not less than 4 weeks
if anticipated, or as soon as possible if tlie leave is unforeseen) before tlie date slie expects
to take tlie leave. As witli all otlier employees returning from medical leave, employees
returning from a PDL leave of at least 3 days are required to provide a doctor's note
cleaiing tliem to retuni to work.
If aii employee requires reasonable accoini'nodations as a result of pregnancy, she sliould
consult witli Human Resources.
Employees disabled by pregnancy and employees on leave to bond with a baby may be
eligible for benefits under State Disability Insurance. Additional infon'nation is available
at www.edd.ca.gov/Disability Insurance and from Human Resources.
12.12 AdoptionLeave
Upon request, a leave of absence without pay for up to four (4) work weeks will be
granted to adoptive parents. Sudi leave must be used witliin one year of tlie adoption.
Tlie City will pay liealth aiid welfare benefits for tlie duration of tlie leave at tlie same rate
as prior to the leave.
If the employee is eligible for FMLA/CFRA (employed by the City for at least one year
aiid worked at least 1250 liours during the year preceding the leave), s/he may be eligible
for up to 12 work weeks total (tlie above four work weeks plus ai'i additional 8 work
weeks) for bonding witli tlie adopted cl'iild duiing tlie year after adoption. Tlie employee
may be eligible for liealth benefits during tlie 12 work week peiiod at tlie same rate as
piior to tlie leave. See Part II, Section 5 for furtlier details concen'iing FMLA/CFRA
leave.
During adoption leave, accrued vacation leave may be used by tlie employee at l'ffs or lier
option in order to receive pay for tlie leave. Sick leave may only be used during tlie leave
in the event of illness or medical appointments of the adopted cliild during the leave.
21
12.13 Catastropliic Leave
a. The city will fon'n a coiui'nittee to establish a definition of catastropl'uc or life-
threatening illness. This coini'nittee will evaluate each individual case wlien it is
submitted to qualify to receive financial assistance. Tlie only limitation is tliat tlie
employee must be tlie one facing the illness. Tlie coini'nittee lias tlie riglit to ask
the applicant to sub'init furtlier documentation from tlieir treating pliysiciaii to
detennine tlie applicant's eligibility for catastroplffc leave hours.
b. All bei'iefited employees wlio liave passed initial probation witli tlie city will be
eligible to receive assistai'ice. An employee does not have to be a contiibutor to
be eligible. Aii employee or their representative must complete a prescribed
application foim togetlier witli suppoiting medical documentation and submit it to
tlie Human Resources Director wlien applying for funds.
c. A recipient must liave used all of their available leave liours before he/slie is
eligible.
d. The maximum amount is two montlis (LTD becomes available at this tiine).
e. Vacation leave and compensatoiy time off are tlie oi'ily leave of absence liours tliat
may be donated. An employee may not donate vacation leave liours which would
reduce his/her total accrued leave balances to less tlian 120 hours. Leave credits
may be donated in any pay period. All leave donations are irrevocable. Upon
retirement or resignation, an employee can contribute up to 10 liours of sick leave
provided that tlie employee lias a mii'iiinum of 320 liours of sick leave, whicli lias
previously become vested.
f. A Ieave of absence transfer drive will be held wlienever necessary to provide for a
minimum catastroplffc leave balance which is tlie equivalent of 40 hours of tlie
average liourly rate of full-time regular employi'nent. Transfers may be in
increments of one hour or more. All donations will be confidential. There will be
no selling or coercion of employees to donate. If tlie bank is depleted, a transfer
drive may be lield at the request of tlie coini'nittee
g. Donated leave hours will be converted to casli and deposited in a time-bank where
it will be available for distribution. Cliecks will be issued to tlie recipient witli tlie
regular payroll wl'ffcli will keep tlie individual in an active employi'nent mode witli
tlie city. Tl'iis procedure prevents overpayinents or corrections since it comes after
the actual leave lias been taken. No employee shall receive payi'nent for 'inore than
100% of their regular pay.
12.14 Attendance
Employees shall be expected to perfoim tlieir given work assigiunents until tlie end of
tliat work period. An employee who is not able to do so sliall notify l'iis/l'ier supervisor of
22
that fact at the earliest possible time after tliat fact is known to lffin/lier. Abuse of
attendance requirements may be grounds for appropriate disciplinary action.
j2J4.jAttendance Records
Attendance records sliall be maintained for eacli employee and sliall fonn tl'ie basis for
payroll and accounting requirements.
SECTION 13 0VERTIME
13.1 0vertime Pay
overtiine pay sliall be made wben an employee is authorized to work in excess of forty
liours during tlie norinal work week.
13.2 Non-Exempt Overtime
All approved work perforined by employees in excess of 40 liours in a seven day work
week, shall be paid at the overtime rate of one and one-half (1 H ) times the nonnal
liourly rate.
13.3 Exempt Employees
Management and unrepresented professional employees designated exempt under tlie
Fair Labor Standards Act are ineligible for oveitime payment. However, no deduction
from leave balances are made wlien such employee is absent from work less tlian a
regular working day.
13,4 Stand-by-Pay
Employees wlio are required to make tliemselves available to be called back to work
outside tlie normal work period shall be compensated for such staiid-by assigninent at tlie
rate set fortli in memoranda of understanding for eacli week so assigned.
SECTION 14 TERMINATIONS AND RE-EMPLOYMENT
14.1 Resignations
Resignations are deemed accepted and irrevocable once presented in wiiting to an
employee's supervisor or Depaitment Head.
Layoffs may be made by the Appointing Autliority for lack of funds, lack of work or otlier
similar and just cause. Tlie order of layoff sliall be tliat wl'iich, in tlie opinion of tlie
Appointing Authoiity, will cause tlie least disruption of service to tlie city and sliall be in
compliance witli applicable law and MOU provisions. The city will provide a minimum
of tliirty (30) days notice to any employee subject to being laid off unless prevented from
doing so by conditions beyond the city's control.
14.3 Reemployinent
23
The names of employees affected by layoff shall be placed on a recall list for a period of
two years in tlie reverse order of layoff and shall have tlie first opportui'iity for
reemployinent. Failure to respond witl'iin ten days to a written notice of such opportunity
shall cause that nai'ne to be removed from the recall list.
14.4 Reinstatement
With tlie approval of the Appointing Authority, a regular or probationary employee who
lias resigned with a good work record or aii employee recalled from a list resulting from a
layoff may be reinstated witl'iin twenty-four 'inontlis of the effective date of resignation to
a vacaiit position in the same or comparable class he/slie previously occupied. Upon
reinstatement the employee, for all purposes, shall be considered as tliougl'i tliey liad
received an original appointment.
SECTION 15 DISCIPLINE
It sliall be tlie policy of tlie City of Cupertiiio to establisli consistency in
procedures relating to employee discipline.
15.2 Procedure
Tlie Human Resources Director shall be contacted whenever a supervisor lias reason to
believe tliat an employee has violated a rule of conduct or other policy, procedure,
practice, or regulation, whetlier formal or inforinal, resulting in a cause for disciplinary
action. The detennination of corrective action, if any, will be made after an investigation
with department management of the alleged violation.
i'l -
If a detennination is made tliat corrective action is necessary, tlie Human Resources
Director will prepare the necessaiy correspondence and review witli the Department
Head. The City Manager sliall be advised of any discipliiiary action. A pre-disciplinary
meeting (Skelly) will generally precede a proposed disciplinary action involviiig a loss or
reduction of pay.
15.3 FonnsofDisciplinaryAction
Tlie following fonns of disciplinary action are listed in order of tlie least severe
(verbal reprimaiid) to the most severe (discliarge).
a. Verbal Repiimand - is considered inforinal discipline witli tlie purpose of notifying
the employee tliat l'ffs/her perfori'nance or behavior must be improved. Tl'iis verbal
waxing defines tlie area in wliicli improvement is required, sets up goals and/or
objectives leading to tl'ns improvement and infon'ns tlie employee that failure to
improve will result in more serious disciplinary action.
Tlie verbal reprimand is the first official step of disciplinary action. It is designed to
address minor infractions of rules and practices. It is, in effect, a statement to tlie
employee that lie/she lias (1) violated a rule or work practice tliat lie/she should have
24
been aware of, and (2) tliat lie/sl'ie will be expected to abide by all sucli i'ules or
practices in tlie future.
b. Written Reprimaiid - is an official record of discipline, usually issued after a previous
verbal reprimand. Tlie employee is advised tliat l'ffs/her beliavior is seriously below
staiidard and tliat continuation or repetition of tliat behavior sliall result in more
serious disciplinary action. The written reprimand sliall cite violations of tlie city's
rules of conduct or causes for disciplinary action. Tlie written reprimand is considered
tlie first fori'nal step in tlie disciplinary procedure.
c. Suspension - is an ordered absence from duty without pay for a presciibed peiiod of
time. An employee may be suspended witliout pay for up to thirty (30) calendar days.
A suspension without pay is a seiious action by management involving loss of pay
and possibly supplemental benefits (depending on length of suspension). An
employee generally receives less severe discipline prior to a suspension.
d. Reduction in Pay - is a temporary reduction in salary to a lower salary step for a
specified period of time. The employee does not liave stoppage of income and may
be able to liave the reduction lifted by good perfon'nance. Tlie deparhnent does not
lose tlie services of tliis employee. As witli suspension, aii individual sliould liave
been warned or reprimanded prior to taking tliis action.
e. Demotion - is a permanent change in classification of an employee to a position of
lower responsibility and pay for unsatisfactory perfori'nance or disciplinary reasons. If
a demotion is recoini'nended:
1) Tlie letter of demotion should be specific as to the reason(s) for tlie action;
2) The employee's new duties must be consistent witli tliose described in tlie class
specification for tlie position.
f. Discliarge - is tlie most severe fon'n of disciplinary action. Removal from
employinent may be caused by a seiious violation of the "causes for disciplinary
action," or due to violation of work rules and practices. Tl'ffs action should oi'ily be
taken wlien management is tlioroughly satisfied tliat tlie employee lias been given
every reasonable opportut'iity to meet perforinance or beliavior standards and clearly
failed to do so.
15.4 CausesforDisciplinai'yAction
Any of the following may be deemed sufficient cause for disciplinary action.
Tlie listing lierein is not intended to be limiting.
a. Unautliorized possession of city property or an employee's personal property
b. Willful abuse, damage, or defacing city property.
c. Misuse of city materials, equipment, or propeity.
25
d. Neglect of duty.
e. Insubordination,
f. Violation or disregard of publislied safety rules or coini'non safety practices
g. Sleeping on tlie job.
li. Refusal or failure to perfo'im work as assigiied.
i. Refusal or failure to follow a direct order of a supervisor.
j. Loitering or willfully wasting time duig working liours.
k. Gross negligence that negatively affects tlie quality of service or finished product.
1. Fighting on city property or during working liours.
m. Gambling on city property.
n. Possession of alcoholic beverages, illegal/unautliorized drugs, or being
under tlie influence of intoxicating beverages/dnigs on city property or during
working liours.
o. Illegal conduct.
p. Unauthoiized selling on city property or during working hours.
q. Unautliorized possession of weapons.
r. Falsifying pay or production records.
s. Excessive absenteeisin/tardiness.
t. Absence witliout approved leave.
u. Offensive treatment of tlie public or otlier employees.
v. Fraud in securing employinent.
w. Dislionesty.
x. Incompetence - As used herein, tlie teiin "incompetence" sliall mean tliat tlie
employee lacks adequate ability, knowledge, skill or fitness to perfonn the duties
in a satisfactory maniier, whicli is witliin tlie scope of the employee's
employinent.
y. Job abandoiunent.
15.5 Pre-disciplinaryProceedings
The Califon'na Supreme Couit's ' decision provides a public employee witli certain
procedural protections before discipline wliich impacts pay or benefits may be imposed.
Disciplinary action may be taken prior to ' under extraordinary or emergency
circuinstances. Tlie following procedure satisfies the requirements of :
a. The employee receives notice of maximum disciplinary action tliat may
be imposed.
b. Tlie notice states tlie reasons for tlie proposed disciplinary action.
c. The notice contains the charges upon wliich the proposed disciplinary
action is based.
d. Tlie employee is allowed access to tlie 'i'naterials upon wl'iicli the proposed
disciplinary action is based.
e. Tlie employee is afforded the right, eitlier orally or in writing, or botli, to respond
to tlie proposed cliarges.
26
15.6 NoticeRequirements
The notice requirements of are as follows:
a. The S notice should be in writing.
b. Tlie letter sliould set a date, time, aiid place for the employee and/or l'ffs/lier
representative to respond to tlie charges if lie/she elects to do so. Tlie Skelly
meeting should be at least ten (10) working days following tlie letter to provide
tlie employee an opportunity to respond. The letter sliould also contain a request
tliat tl'ie employee give notice if lie/she elects to waive tlie iiglit to respond orally.
c. Tlie letter sliould contain the maximum penalty wliich may be imposed.
d. The reasons for tlie proposed disciplinary action must be set out in detail. The
part of tlie ' letter setting out tlie misconduct with wliich tlie employee is
cliarged must be factual so tliat any person reading tlie letter will be able to
detennine tlie exact misconduct cliarged.
e. Tlie factual allegations of misconduct must specifically cite violations of tlie city's
"causes for disciplinary action" as described in Section 15.4 lierein.
f. Tlie letter must advise tlie employee of his/her rigl'it to respond to the cliarges,
eitlier orally in writing, and that the employee has a riglit to have any documents
upon wliicli the charges are brouglit.
g. Tlie letter must advise tlie employee of l'iis/her tight to representation if
lie/she elects to do so.
li. Tlie letter sliould advise tlie employee that discipliiie may be imposed
wlietlier or not lie/she responds to tlie cliarges.
i. Copies of tlie ' letter sliould be sent to:
(1) Tlie City Manager
(2) Tlie Human Resources Director
(3) Tlie employee's supervisor/Depaitment Head
(4) Tlie employee's union representative, if any
15.7 SkellyMeeting
Tlie meeting sliould be conducted as follows:
a. Tlie authority wlio may impose the discipline should cliair tlie meeting. Tlie
person cliairing tlie meeting should not liave been involved in tlie initial decision
to discipline.
27
b. The meeting chairperson should establisli that tlie employee lias received tlie
notice and understands the cliarges set fortli tlierein.
c. The cliairperson sliould make available any documents wliicli were
considered in deten'nii'iing the proposed cliarges and disciplinary action.
d. Tlie employee or his/her representative sliould be given the opportunity to respond
to the proposed cliarges.
e. Tlie employee or liis/her representative should be given tlie opportui'iity to make
fii'ial cominents regarding tlie proposed action.
f. Tlie cliairperson should close the meeting by indicating tliat lie/she will consider
all statements and/or documents which may liave been presented prior to
deten'nining the final action.
The person conducting tlie meeting will subsequently deterinine wlietlier tl'ie
charges liave been establislied and the severity of tlie disciplinary action.
15.8 Action Letter
Tlie person conducting tlie meetiiig should promptly prepare a letter containing all of the
following:
a. Factual findings. This part of tlie letter may, for charges wl'ffch liave been
establislied, repeat tlie charges as set out in the S notice letter. If a cliarge has
not been established or if facts in mitigation of a cliarge's seriousness liave been
disclosed tlie letter sliould so state.
b. Tliespecificprovision(s)of,S'edotzj5.4oftheseruleswliichwereviolated.
c. Tlie discipline imposed may not exceed tlie maximum stated in the Sj letter.
d. A statement tliat tl'ie employee may appeal the action consistent witli tlie
provisions of respective memoranda of understandiiig or otlier city rule,
regulation, or policy.
15.9 FLSA Exempt Employees
Subsection 541.118(a)(5) of tlie Fair Labor Standards Act (FLSA) provides tliat pay
deductions for disciplinary reasons may only be imposed if such penalties are imposed in
good faitli for infraction of safety rules of 'i'najor sigi'iificance. Tliis provision lias been
interpreted by tlie tr.s. Department of Labor (DOL) because tlie salary test lias a general
rule tliat an employee need not be paid in any workweek during which no work is
perforined.
28
The forin of discipline to be imposed for a violation of Section 15.4 of tliese rules will be
detennined based upon tlie circumstances of tlie particular case and will be implemented
in a manner consistent witli and authorized by state and federal law, including applicable
provisions of the FLSA. Altliougli suspensions of less tlian five working days are not
pert'nitted for otlier tlian safety rule infractions of major sigi'iificance, consideration may
be given to "equivalent discipline" including reductions in tlie number of accumulated
vacation or lioliday leave liours.
SECTION 16 APPEALS AND HEARINGS
16.1 Forin ofAppeal
All appeals to the Appointing Autliority shall be in writing and sliall be signed by tlie
employee.
16.2 FilingofAppeal
The filing of an appeal to tlie Appointing Autliority shall be accomplislied by tlie
submission of tlie sigiied written document to tlie Human Resources Director who sliall
be responsible for tlie issuance of proper notifications.
16.3 Representation
Ail employee subinitting an appeal to tlie Appointing Autliority may be represented by a
person of liis/her choosing or may elect to represent hiin/lierself; provided, liowever, tliat
wlien an employee is to be represented by anotlier person tl'ie name of tliat person sliall be
made la'iown to tlie Appointing Authority at least three days prior to tlie sclieduled
lieing or meeting. Substitution of representation may only be as pen'nitted by the
Appointing Autlioiity.
16.4 WhoMayAppeal
Any employee subject to tlie merit and fitness provisions of Section 2.52.040 of tlie
Municipal Code may file an appeal witli tlie Appointing Autl'iority as tlie final step of tlie
appeal procedure, for suspensions exceeding tliirty (30) days ixi any twelve (12) montli
peiiod, or after notice of dismissal. Appeals from dismissal may be filed only by
employees currently liolding regular status at tlie time of dismissal.
16.5 HeaiingsonAppeals
If deemed necessary, liearings may be lield on appeals by the Appointing Autliority. Tlie
conduct of sucli l'iearings sliall be as detennined necessary by tlie Appointing Autlioiity to
best evaluate eacli appeal on its merits.
SECTION 17 GRIEVANCE PROCEDURE
17.1 Defii'iition
A giievance is a good faitli dispute or difference of opinion of an employee involving tlie
meai'iing, inteiliretation, or application of tlie express provisions of a Memorandum of
29
Understaiiding, City Policy, or existing work rules, affecting the employee, conceining a
matter witl'ffn tlie scope of representation.
An employee (grievant) who has a grievance sliall biing it to the attention of his/her
iininediate supervisor within five (5) working days of tlie occurrence of tlie act which
is tlie basis for tlie dispute. If tlie grievant and ii'mnediate supervisor are unable to resolve
tl'ie matter witl'iixi five (5) working days of tlie date it is raised, the grievant lias the riglit to
submit a fon'nal grievance to l'iis/her next higher supervisor.
If the gtievance is not settled at Step 1, tlie grievaiit may submit a written grievance to
tlie next l'iiglier supervisor witl'iin five (5) working days after tlie supervisor's oral
answer in Step 1. Tlie written grievance sliall contain tlie following infonnation:
a. Tlie name, job classification, and depaitment of the grievant.
b. Tlie name of tlie grievant's iininediate supervisor.
c. A statement of tlie nature of tlie giievance including date and place of
occurrence.
d. Tlie specific provision, policy, or procedure alleged to have been violated.
e. Tlie remedy souglit by tlie grievant.
f. If the giievant is not self-represented, tlie name of the individual or
recognized employee organization designated to represent tlie grievant.
g. Signature of grievant and date.
Tlie supervisor or designee sl'iall discuss tlie grievaiice witliin five (5) working days with tlie
grievant and/or designated representative at a time mutually agreeable to tlie paities. If a
settlement is not reaclied, a wiitten answer to tlie grievance sliall be provided witl'ffn five (5)
working days of tlie meeting.
17.4 '
If tlie giievance is not settled at Step 2, tlie grievant may submit the grievance in wiiting
to tlie giievant's Department Head, or, alternatively, if tlie Depaitment Head responded at
Step 2, to tlie City Maiiager witl'iin five (5) working days of the Step 2 written answer.
Tlie Depaitment Head/City Manager sliall discuss tlie grievance within five (5) working
days witli tlie grievant and/or designated representative at a time mutually agreeabIe to tlie
parties. If a settlement is not reaclied, a written answer sliall be provided witl'iin five (5)
working days of tlie meeting.
If tlie giievance is not settled at Step 3, the grievant may submit tlie grievance to advisory
arbitration witl'iin 14 calendar days after receipt of tlie decision at Step 3.
17.6 AdvisoryArbitration
a. Tlie parties sliall attempt to agree upon an advisory arbitrator witl'iin five (5)
working days after receipt of the notice of referral. In tlie event that tlie
parties are unable to agree upon an advisory arbitrator witl'iin said five (5)
30
day period, tlie parties sliall jointly request tlie State Mediation and
Conciliation Service to submit a paiiel of five (5) advisory arbitrators. Each party
retains tlie riglit to reject one paiiel in its entirety and request that a new panel be
submitted. Botli tlie grievant/designated representative and tlie city sliall liave the
right to strike two (2) names from tlie panel. Tlie parties shall alteniatively strike
names until one remains. Tlie person remaii'iing shall be tlie advisory arbitrator.
b. Tlie advisory arbitrator sliall be notified of lns/her selection and sliall be requested
to set a time aiid place for tlie lieaiing, subject to tl'ie availability of tlie
giievant/designated representative and the city representative.
c. Tlie city or tlie grievaiit/designated representative lias tlie right to request tlie
arbitrator to require the presence of witnesses or documents. The city and tlie
grievaiit retain tlie right to employ legal counsel.
d. Tlie advisory arbitrator sliall submit liis/her recoi'ni'nendation in wiiting witliin
thirty (30) days following the close of tlie liearing or tlie submission of biiefs by
tlie paities whicliever is later.
e. More than Olle giievance may be submitted to tlie same advisory arbitrator if botli
parties mutually agree in writing.
f. The fees and expenses of tlie advisoiy arbitrator and tlie cost of a written
transcript shall be divided equally between the city and the grievant, provided,
liowever, tliat eacli party sliall be responsible for compensating its own
representatives and witnesses.
1 7.7 Limitations on Authoiity of Advisory Arbitrator
Tlie advisory arbitrator sliall have no right to amend, modify, ignore, add to, or subtract
from the provisions of tlie Memorandum of Understanding, city policies, or work rules.
The advisory arbitrator sliall consider and decide only tlie question of fact as to wlietlier
tliere lias been a violation, misinterpretation, or misapplication of tlie specific provisions
of the applicable document. Tlie advisoiy arbitrator sliall be empowered to deteri'nine the
issue raised by the giievance as submitted in writing at tlie second step. Tlie advisory
arbitrator sliall liave no autlioiity to make a recoininendation on any issue not so
submitted or raised. Tl'ie advisory arbitrator sliall be witliout power to make
recominendations contrary to or inconsistent witli, in any way, applicable laws or rules
and regulations of admii'iistrative bodies tliat liave tlie force and effect of tlie law. Tlie
advisory arbitrator sliall i'iot in any way limit or interfere witli tlie powers, duties and
responsibilities of tlie city under law and applicable couit decisions. Tlie
recomtnendation sliall be advisory only to tlie Appointing Authority. Tlie Appointing
Autliority will make tlie final decision.
31
P,inrll
Ovum czrmnpPorrcrrzs
32
SECTION 1 EQUAL OPPORTUNITY IN EMPLOYMENT
In accordance witli aiid in support of equal employi'nent oppoitui'iity as specified under Title VII
of tlie Civil Riglits Act of 1964, as amended, it is the policy of tlie City Council of the City of
Cupertino to provide all applicants for employi'nent and all employees witli equal opportunity in
employinent without regard to race, religion, color, sex (including gender, gender identity, gender
expression, and pregnancy), sexual orientation (including lieterosexuality, homosexuality, and
bisexuality), national origin, aiicestry, citizensl'iip status, genetic infon'nation and genetic
characteiistics, and pliysical or mental disability or any other protected classification under tlie
law except tliat tlie City may inquire wlietlier tlie applicant can perfoii'n.
Tlie City Council of tlie City of Cupertino hereby resolves as follows:
That it is tlie responsibility of the City Manager to ensure tliat this equal employinent opportutffty
policy is coininunicated to all present employees, prospective employees, recruitment sources,
and tlie coini'nunity.
That every employee of tlie City of Cupertino is liereby directed to lend l'ffs and lier support aiid
cooperation in making equal employinent opportunity an integral part of tlie city's program of
personnel administration.
SECTION 2 ALCOHOL AND DRUG ABUSE
Tlie purpose of tl'iis policy is to comply witli the Drug Free Work Place Act of
1988 as passed by Congress. HR5210 requires tliat all Federal grant recipients,
including cities, established an anti-drug policy for tlie work place. HR5210 require tlie
city to:
a. Establisli a diug free awareness program for employees.
b, Provide a notice to all employees specifying that drugs are illegal in tlie
work place and tliat action will be taken for violations.
c, Make employinent conditional upon compliaiice witli tlffs policy and require tlie
employee to notify tlie employer witl'iin five working days of a conviction due to a
drug related offense occurring in tlie workplace.
d. Notify tl'ie applicable granting federal agency witl'iin ten days of an employee's
conviction due to a drug related offense occurring in tlie work place.
e. Sanction employees for violation aiid/or require participation in a
treah'nent program.
33
f. Make a good faitli effort to maintain a drug free work place by following the
above requirements.
In addition to tlie fact that such requirements are establislied by law, a drug free policy is
appropiiate in tliat it lielps ensure that employees are able to perform tlieir duties safely
aiid efficiently. Wl'nle the City of Cupertino lias no intention of intruding into tlie private
lives of its employees, it does believe that involvement with drugs and alcoliol can take
its toll on job perfonnaiice and employee safety. A key element of tl'ffs policy is
reliabilitation. Employees who believe they liave a problem are urged to contact tlie
Human Resources Division for referral to comi'nunity resources and/or tlie Employee
Assistance Prograi'n.
Tlie key focus of tliis policy is prevention tl'irough educating employees on the dangers of
alcoliol and drug abuse, and reliabilitation for tliose wlio liave such problems. Any
disciplinary actions will be evaluated on a case-by-case basis and sliall be used as a last
resoit after reliabilitation effoits liave failed.
It is tlie City of Cupertino's policy tliat employees sliall not drii'ik alcoliol or use drugs in
tlie course of city business, wlncli sliall include luncli time if the employee plans to retuni
to work. Nor sliall tliey possess alcoliol or drugs wlffle on city property, or at work
locations, or in unifon'n, nor sl'iall employees sell or provide drugs or alcoliol to any
employee or to any person while such employee is on duty. Nor sliall any employee have
their ability to work impaired as a result of the use of alcoliol or drugs when reporting for
work.
While use of medically prescribed drugs is not a violation of tl'iis policy, failure by tlie
employee to notify his or her supervisor before beginning work wlien taking drugs wl'ffcli
foresee ably interferes witli the effective perfon'nance of duties or operation of city
equipment, can result in discipline up to and includiiig tennination. In tlie event there is a
question regarding an employee's ability to safely and effectively perforin assigned duties
wl'iile -using such medication, clearance from a qualified pliysician may be required.
Refusal to submit imiuediately to an alcoliol and/or drug analysis wlien requested by city
management or law enforcement personnel, as a result of reasonable suspicion, may
constitute insubordination aiid may be grounds for discipline up to and including
teri'nination.
Employees reasonably believed to be under tlie influence of alcoliol or drugs sl'iall be
prevented from engaging in furtlier city work and sliall be detaii'ied for a reasonable time
until he or slie can be safely transported from tl'ie work site. Higlier standards may be
required based upon specific job requirements as deterinined by city management.
2.3 Application
34
This policy applies to all city employees. Tliis policy applies to alcoliol and to all
substances, drugs or medications, legal or illegal, wl'iicli could impair an employee's
ability to effectively and safely perfon'n tlie functions of the job.
2.4 Employee Responsibilities
An employee must:
a. Not report to work while his or her ability to perfornn job duties is
impaired due to alcohol or dnug use.
b. Not directly, or tl'nougli a tliird party, sell or provide drugs or alcoliol to any
person, including any employee wliile eitlier employee or botli employees are on
duty.
c. Submit iininediately to an alcohol and/or drug test when reasonable suspicion of
alcohol and/or drug use exists on tlie job aiid when requested by a responsible city
representative.
d. Notify l'iis or lier supervisor before begii'u'iing work when taking any medications
or drugs, prescription or non-prescription, which may forseeably interfere witli the
safe and effective perfoii'nance of duties including operatioi'i of city equipment.
e. Provide within 24 hours of request bonafide verification of a current valid
prescription for any potentially impairing drug or medication identified wlien a
drug screen is positive.
f. Notify the City of Cupertino witliin five working days after being
convicted of any drug related offense.
g. Notify tlie appropriate first-line supervisor upon observation of anotlier city
employee whose behavior and/or physical cliaracteristics are reasonably
suspicious and possibly liannful to l'iimself/lierself and/or otl'iers.
2,5 Maiiagement Responsibilities and Guidelines
a. Directors and supervisors are responsible for understandu'ig tliis policy
and applying it witliout bias or prejudice.
b. Directors and supervisors must avail tliemselves of traii'iing on tlie employer's role
in handling tlie special problems of employees wlio suffer from alcoliol or dtaug
dependency.
c. Directors and supervisors may request tliat an employee submit to a fitness- for-
duty examination wlien there is reasonable suspicion that an employee is
impaired, aiid is unable to perfori'n tlie job duties required in a safe and efficient
maiuier. When doing so, tlie Director or supervisor is required to document, in
35
writing, the facts and circumstances leading to the reasonable suspicion tliat tlie
employee was impaired aiid could not perfon'n safely on tl'ie job. (Note: First-line
supervisors should consult witli tlieir supervisors, department directors and
Human Resources Director, and a joint decision based on joint observation sliould
be made as to wlietlier or not tlie employee should undergo a fitness for duty
medical examination.)
d. When tliere is a reasonable suspicion that tlie employee is impaired, tlie Director
or supervisor must attempt to detain tlie employee until tlie employee can be
safely transported from tlie work place. If tlie employee refuses to submit to the
fitness-for-duty exainination, or attempts to leave before safe transport can be
found, the Director or supervisor sliall remind tlie employee of tlie requirements
and disciplinaty consequences of tl'ffs policy.
e. Directors and supervisors sliall notify their department directors or designee, wlien
tliere is reasonable suspicion tliat an employee may have illegal drugs ii'i his or l'ier
possession. If the depaitment director or designee concurs tliat tliere is reasonable
suspicion of illegal drug possession, tlie department director sliall notify the
appropriate law enforcement agency.
f. Directors and supervisors must use tlie reasonable suspicion standards in
deteri'nining whether a fitness-for-duty examination is wairanted. Examples of
what could lead to a reasonable suspicion of impaiiment are: 1) slurred speech; 2)
alcoliol odor on breath; 3) unsteady walking and movement; 4) size of pupils and
tlieir reaction to liglit; 5) aii accident involving city property; 6) verbal altercation;
7) unusual beliavior; 8) possession of alcoliol or drugs; ai'id 9) inforination
obtained from a reliable person with personal knowledge. Tlie above is not an
exclusive list.
2.6 PhysicalExaminationandDrugScreeningProcedures
Tlie drug and/or alcoliol screening may test for any substance wliicli could impair an
employee's ability to effectively ai'id safely perfon'n tlie functions of his/her assigned job
duties, including but not limited to prescription medications, l'ieroin, cocaine, barbiturates,
amphetamines, marijuaiia, and alcoliol. Tlie examination will be conducted by a licensed
pliysician in a local medical facility. Tl'ie drug testing will be conducted by a licensed
toxicologist in a laboratory identified as having met all legal requirements for perfoiining
such tests. The ii'iitial type of screening to be perfori'ned can be either a blood or uiine
analysis at tlie employee's option. Positive results must be confin'ned iii accordance witli
federal regulations including presciibed test levels.
2. 7 Fit-For-Duty Exaininations
a. Apositiveresultfromadiugand/oralcoliolanalysismayresultin
disciplinary action, up to and including discliarge.
36
b. If tlie drug screen is positive, tlie employee may provide, witliin 24-liours of
request, bonafide verification of a valid current prescription for the drug identified
in tlie drug screen. Tlie prescription must be in the employee's name.
c. If an alcohol or drug test is positive, tlie supervisor or depaitment director and tlie
Human Resources Director sliall review tlie employee's record to make a
deten'nination as to tlie possibility of reliabilitation for the puipose of retun'iing tlie
employee to his or lier assigninent; or, after following reliabilitation, whether to
reassign tlie employee or precede witli disciplinary action, up to an including
discharge. A positive test for an illegal drug will be considered impairing to tlie
employee's ability to perforin liis or lier job, and tl'ierefore tlie corrective
provisions of this policy will apply
2.8 Confidentiality
Laboratory reports or test results sliall not appear in tlie employee's general
persomiel folder. hifonnation of tlffs nature will be contained in a separate
confidential medical folder and securely kept under tlie control of the Human
Resources Director. Repoits of test results may be disclosed to tlie Human
Resources Director strictly on a need-to-know basis, and to tlie tested employee
upon request. Disclosures without the employee's consent may also
occur wlhen:
a. Tlie infori'nation is compelled by law or by judicial or administrative process.
b. Tlie infon'nation is to be used in administenng an employee benefit plan.
c. The infon'nation is needed by medical personnel for the diagnosis or
treatment of tlie patient wlio is unable to autliorize disclosure.
2.9 Appeal Process
Fit-For-Duty Examinations:
Employees whose tests results are positive, and who are consequently facing
disciplinary action may appeal pursuant to tlie provisions of the Memorandum of
Understanding and/or Personnel Rules.
The city will conduct drug and alcol'iol awareness programs, presented by tlie
Human Resources Division. Tliese programs will include prevention and
detection metliods, witli emphasis on maintaining a drug free work place.
Additionally, printed mateiial will be given to all employees explaiiutig tlie
dangers of alcoliol and drug abuse. All employees will be given a copy of
tlus policy.
37
SECTION 3 PROHIBITION AGAINST HARASSMENT, DISCRIMINATION &
RET ALIATION
3.1 PolicyStatement
Tlie City of Cupertino is cominitted to providing a work enviroi'unent in wliich employees
are treated witli respect and dignity. Tlie City has zero toleraiice for liarassment,
discrimination and retaliation by employees and non-employees, be it a single act or
multiple acts. The City prohibits all fori'ns of liarassment, discrimiiiation and retaliation
on the basis of protected classifications or activities tliat occur on the job or in tlie work
site, includiiig acts of employees and non-employees. Violations of tliis Zero Tolerance
Policy will not be tolerated and petpetrators will be subject to sanction or disciplinary
action up to and including discliarge. All employees share in tlie responsibility of
ensuring a working enviroru'nent free of liarassment, discrimination and retaliation as
defined in this Policy. The City will respond promptly and effectively to reports of
liarassment, discrimination and retaliation.
3.2. Definitions
a. Tlie "protected classifications" tl'iis Policy references are: race, religion, color, sex
(including gender, gender identity, gender expression, and pregnancy), sexual orientation
(including lieterosexuality, homosexuaIity, and bisexuality), national origin, ancestry,
citizensliip status, unifonned service member status, marital status, pregnancy, age,
medical condition, genetic infori'nation and genetic cliaracteristics, and pliysical or mental
disability or any otlier protected classification under the law except tliat tlie City may
inquire wlietlier tlie applicant can perforin the essential job function witli or witl'iout
reasonable accoini'nodation.
b. "Discrimination" includes decisions regarding applicaiits, employees, volunteers,
persons providing services pursuant to a contract or that are made on tlie basis of any one
or more protected classifications, or tliat are based upon tlie perception that a person lias a
protected classification.
c. "Harassment" is unwelcome, annoying, disturbing or ton'nenting conduct based upon
either tl'ie fact or tlie perception tliat an applicant, employee, volunteer, or person
providing services has a protected classification or is perceived to liave a protected
classification. To constitute harassment the conduct lias tlie purpose, result or effect of
interfering witli an individual's work perforinance, or creating an intimidating, hostile, or
offei'isive work environinent.
d. "Sexual liarassment" sliall be defined as unwelcome sexual advaiices, requests for
sexual favors and otlier verbal, visual or pliysical conduct of a sexual nature wlien sucl'i
conduct is made explicitly or implicitly a ten'n or condition of employinent, is used as a
basis for employinent decisions, or has tlie purpose or effect of unreasonably interfeiing
witli an individual's work perfonnance or creating an intimidating, liostile, or offensive
working environinent. Sexual l'iarassment includes making a threat or insinuation tliat a
38
lack of sexual favors will result in reprisal or tlie withholding of support. Sexual
liarassment includes same-sex conduct regardless of wlietlier tlie conduct is based on
gender orientation. Sexual liarassment can be coininitted by employees or non-
employees.
e. Examples of harassment include the following:
1. Written Harassment: suggestive, threatening, demeaiiing, or obscene words; letters;
notes; iiivitations wl'iicli are based on or relate to a protected classification or tlie
perception tliat a protected classification is present.
2. Verbal Harassment: derogatory or demeaning coiuinents,, slurs; jokes; inappropriate
coiuinents regarding appearance, dress (including dress that is consistent with gender
identity), or physical features; making tlmeats; spreading rumors; epithets;
propositioning, or otlierwise offensive words which are based on, or relate to a protected
classification or tlie perception tliat a protected classification is present.
3. Pliysical Harassment: assault; toucl'iing; impeding or blocking movements; or any
pliysical interference with nonnal work; pincl'iing; patting; grabbing; or inappropriate
gestures wliicli are based on or relate to a protected classification or tlie perception tliat a
protected classification is present.
4. Visual Harassment: leering; sexually oriented gestures; or display of sexually suggestive
or derogatory objects including but not limited to pictures, drawings, cartoons, posters
or calendars; derogatory, prejudicial, stereotypical, or offensive displays wlncli are based
on or relate to a protected classification or the perception tliat a protected classification
is present.
5. Quid Pro Ouo Sexual Harassment: threats of reprisal, implying or actually withholding
support of appointments or suggesting tliat punitive action will be taken if requests for
sexual favors are not met.
3.3 No Retaliation
a. Tlffs Policy prohibits adverse conduct taken against a person because tliat person
engages in any of tlie following "protected activities:" initiated or pursued a complaint
under tl'ffs Policy; filed a complaint of discrimination or liarassment witli any outside
agency; testified in an investigation; assisted another to complain; refused to follow
directions that the person reasonably believes to be discriminatory; or provided
infonnation or otlierwise assisted in an investigation. "Adverse conduct" includes:
taking sides because an individual lias reported harassment or discrimination; spreading
rumors about a complaint; shunning or avoiding an individual wlio reports harassment or
disciimination; or real or implied threats of intimidation to prevent an individual from
reporting liarassment or discrimination.
39
b. The followiiig individuals are protected from retaliation as defined in this Policy:
tliose wlio make good faitli reports that harassment or discrimination lias occurred; those
wlio refuse to follow an order reasonably believed to be discriminatory; tliose who are
accused of liarassment or discrimination; tliose wlio associate witli an individual wl'io is
involved in reporting harassment or discrimination; and/or tliose wlio paiticipate in tlie
complaint procedure described below.
3.4 ComplaintProcedure
a. Those who believe tliat tliey are the victim of, or witness to, any fonn of discrimination
or liarassment or retaliation must inu'nediately report tlie incident to their supervisor,
Department Head, or the Human Resources Director. Supervisory personnel liave a duty
to iininediately repoit violations tliat come to their attention and to take appropriate
action.
b. Confidentiality will be maintained to tlie fullest extent possible, taking iiito account the
following:
1. Tlie City recognizes tliat confidentiality is important to all paities involved in an
investigation. Complete confidentiality cannot occur; liowever, due to tlie need to
fully investigate and take effective remedial action.
2. An individual wlio is interviewed during the course of an investigation is prohibited
from discussing tlie substance of tlie interview witli otliers, except as otliei-wise
directed by a supervisor or tlie Human Resources Director. Any individual wl'io
discusses tlie content of aii investigatory interview in violation of tliis Policy will be
subject to discipline.
3. Tlie City will not disclose a completed investigation report, except as it deems
necessary to support a disciplinary action, to take remedial action, to defend itself in
adversarial proceedings, or to comply witli tlie law or a court order. Tlie Human
Resources Director will retain investigation reports in a confidential manner for at
least five years after tlie date of completion.
c. Ii'i order to proceed under tl'iis complaint procedure, tlie basis of tlie complaint must be
beliavior, practice or action tl'iat is believed to liave been taken because of tlie victim's
protected classification or because tlie activity is prol'iibited by tl'iis Policy. Examination
of tlie nature and circumstances of eacl'i complaint will deterinine wl'ietlier the alleged acts
or practices constitute discrimination, harassment, or retaliation.
d. Complaints may be submitted in writing or verbally aiid may include a suggested
metliod of resolution and corrective action.
e. The person complaining need not report l'iis or lier complaint tl'irough aiiy cliain of
coiuinand. histead, lie/slie has tlie clioice of submitting the complaint to l'ffs/her
supervisor, Department Head, or tlie Human Resources Director. A person also. lias tl'ie
option to file a compIaint witli: 1) the Califoniia Fair Employi'nent and Housing
40
Coi'nunission (www.dfeh.ca.gov 800-952-5210) and/or 2) the U.S. Equal Employinent
Opportunity Comi'nission (www.eeoc.gov 800-669-4000).
f. Upon receipt of the complaint, tlie Human Resources Director or his/her designee will
promptly investigate tlie cliarges including contacting tlie person wlio allegedly engaged
in the proliibited conduct. Tlie investigation will be tliorough, prompt, objective and non-
judginental. Tlie investigator will inforin the accused person of tlie basis of tlie complaint
and provide liiin/her an opportui'iity to respond.
g. Upon completion of tlie investigation, tlie Department Head, in consultation witli tlie
Human Resources Director, will deterinine wliat, if any, disciplinary action will be
recoi'ni'nended to tlie City Manager. If inappropriate beliavior is found, action will be
taken to end tlie inappropriate behavior. Botli parties will be notified of tlie conclusion of
tlie investigation.
li. If it is deterinined tliat prohibited conduct occurred, sanctions or disciplinaiy action up
to and including discliarge will be taken. Disciplinary action taken under tliis procedure
may be appealed consistent with provisions witliin Memoranda of Understanding or tlie
Administrative Procedures, but not botli.
3.5 Responsibilities
a. Tlie City Manager is responsible for enforcing tliis policy.
b. The Human Resources Director is responsible for ensuiing that all complaints of
harassment are investigated in a confidential, tliorough, and prompt mai'iner, including
presentation of recomi'nendations for any necessary action to tlie City Manager.
c. Every Depaitment Head is responsible for infon'ning all employees, including
supervisors, of tliis Policy and for taking tlie steps necessary to set a positive example of
conduct consistent witl'i tliis Policy.
d. Every supervisor is responsible for taking iini'nediate and appropriate coirective action
upon tlie observation of any incident of liarassment, discrimination, or retaliation or upon
receipt of an oral or written report of any occurrence of harassment, disciimination or
retaliation. hi addition, supervisors are responsible for reporting potential policy
violations to tlie Human Resources Department and for conducting tl'iemselves
consistently witli tl'iis Policy.
e. Every employee, volunteer, applicant, elected or appointed official or person providing
services pursuant to a contract is responsible for repoiting any act he or slie reasonably
believes to be a violation of tl'iis Policy to the imi'nediate supervisor, Departi'nent Head, or
Human Resources Director; treating all City -affiliated persons witli digi'ffty and respect;
responding fully and trutlifully to all questions posed during an investigation; and not
disclosing tlie substance of any investigatory interview.
41
3. 6 Penalties
Violation of tl'iis policy sliall generally constitute just and reasonable cause for discipline,
up to and including terinination. hi addition, an individual may be found to be personally
liable wlien tl'iey engage in or take no action to prevent harassment or retaliation.
SEX[JAL RELATIONSHIPS BETWEEN SUPERVISORS AND SUBORDINATE
EMPLOYEES ARE PROHIBITED.
3.7 Policy Statement
Tl'ffs policy is intended to avoid conflicts of interest between work-related and personal/family
obligations; reduce favoritism or even tlie appearance of favoritism; prevent personal/family
conflicts from affecting the workplace; and decrease tlie likeliliood of sexual harassment aiid/or
gender discrimination in tlie workplace. As a result, tlie City of Cupertino prohibits sexual
relationsliips between supervisors and subordinate employees, as defined in tliis Policy.
3.8 Definitions
The following definitions apply to eacli section of tliis Policy.
a. A sexual relationsliip" exists when two City employees become personally
involved witli eacl'i other to tlie point tliat tliere is any of the following: sexual
intimacy, marriage, or domestic paitnersliip.
b. "Deparhuents" are defined as: Administrative Services, City Atton'iey's Office, City
Manager's Office, Coiuinunity Development, Parks & Recreation, and Public Works.
c. "Supervisor" is defined as any person who lias the discretion and authoiity to
direct otliers as to tlie perfon'nance of City work. Tlie defiifftion of "Supervisor"
includes tliose wlio periodically serve as acting supervisors. As related to supervision,
to "direct" is defined as tlie giving of orders by an employee to anotlier employee for
wl'iicli failure to follow the orders is grounds for discipline.
3.9 Policy/Procedure
a. Public trust, safety and City morale require that supervisory employees avoid tlie
appearance of a conflict between tlieir professional responsibilities and any
involvement tliat they may have in a sexual relationsl'ffp witli otlier City employees.
In order to promote efficient operation of tlie City and to avoid misunderstaiidings,
complaints of favoritism, otlier problems of supervision, security, morale, and
possible claims of sexual liarassment and/or gender based discrimination, sexual
relations between supervisors and subordinate employees are prolffbited.
In tlie event that a relationsliip exists between a supervisor and a subordinate
employee, tlie supervisor lias tlie affiri'native obligation to disclose tlie relationsliip
to his/her supervisor. Failure to disclose tlie relationsliip by tlie supervisory
employee in tlie relationship is separate grounds for discipliiie,
42
b. Enforcement
Tl'ie City reserves tlie iiglit to reasonably investigate situations in tlie workplace to
detennine wlietlier there is a possible violation of tliis Policy. If tlie City detennines tliat
a Policy violation exists, prior to discipline, tlie City will make every effort to resolve tlie
situation administratively. If an administrative remedy is impractical or otlierwise
inappropiiate, remedial and/or disciplinary measures may be utilized to mitigate iSSues
tliat arise relevant to tlie enforcement of tl'iis Policy.
1. Tlie City retains tlie right to refuse to place employees engaged in sexual relationsliips
prolubited by tl'iis Policy in tlie saine Department if tl'ie placement has tlie potei'itial for
creating an adverse impact on supervision, safety, security, morale or involves potential
conflicts of interest.
2. In tlie event of a prol'iibited sexual relationsliip, the City will attempt to transfer one of tlie
affected employees to a similar classified position in aiiother City Depaitment, sliould sucli
a position exist, be available, and sliould the employee possess the skills aiid qualifications
necessary to perfonn tlie essential duties of the position. Altliougli the wislies of tl'ie
involved paities as to wlio will be transfeired will be given consideration by the City, the
controlling factor will be tlie positive operation aiid efficiency of tlie City. If any such
transfer results in a reduction in salary or compensation, applicable and legally required due
process procedures shall be applied.
3. h'i lieu of a transfer from one department to another, or in situations in which no similar
counterpart classification exists tlie affected employees may continue to be employed
within tlie same City Depaitment subject to approval by the Depaiti'nent Director and the
City Manager or his/lier designee. However, any sucli continuing employinent is predicated
upon botli subject employees not reporting to tlie same ii'nunediate supervisor; not being
supervised by each otlier; not working the same sl'iift at tlie same work site; or, otlierwise
becoming involved in a work envirorunent liaving the potential for adverse impact on
supersrtsion, safety, security or morale.
4. If continuing employi'nent of employees engaged in sexual relationsl'iips prol'ffbited by tliis
Policy cannot be accoini'nodated consistent witli tlie City's interest in promotion of safety,
security, morale and efficiency, tlien tlie City retains sole discretion to discipline one of tlie
employees. Prior to discipline, tlie City will make every effort to resolve tlie situation
administratively.
Tl'ie provisions of tliis Policy are not applicable to individuals employed by the City on or before
tlie date of adoption of tl'iis Policy in their current state of sexual relationsl'iip. However in tlie
event tliat a relationship exists between a supervisor and a subordinate employee, the supervisor
lias tl'ie affirinative obligation to disclose tlie relationsliip to liis/her supervisor. hi addition, any of
tlie following after tlie effective date of tliis Policy, even as to current employees, will result in
tlie applicability of the Policy: a) a new sexual relationsliip; b) a cliange in marital status; or c) a
change in status tliat makes an employee a supervisor or acting supervisor.
43
Furtlieri'nore, employees in existing sexual relationsliips are subject to any and all employinent-
related actions by the City, pursuant to existing City'policies and procedures to address conduct,
aiid wl'iicli negatively impact tlie work environment.
SECTION4 AMERICANS WITH DISABILITIES ACT AND RELATED STATE LAW
PROTECTING PERSONS WITH A DISABILITY
4.1 PutposeProhibitingDisabilityDiscrimination
Tlie purpose of tl'iis policy is:
a. to prol'ffbit and eliminate any discrimination in employinent against a
qualified individual with a disability;
b. to define what constitutes "disability" ;
c. to define wlio is a "qualified individual with a disability";
d. to define discrimination on the basis of disability; and
e. to establish a procedure for investigating and resolving internal Disability
discrimination complaints.
Discrimination on tlie basis of disability against an applicant or an employee wlio is a
qualified individual witl'i a disability, by a supervisor, management employee, or co-
worker is not condoned and will not be tolerated. Tlffs policy applies to the job
application process and to all tenns and conditions of employi'nent including, but not
limited to, lffring, placement, promotion, disciplinaiy action, layoff, recall, transfer, leave
of absence, compensation and training.
All complaints of discrimination on tlie basis of disability will be promptly and
objectively investigated as described in Section 4.6 below.
Disciplinary action up to and including terinination will be instituted for any violation of
tlffs policy.
Any retaliation against a person for filing a disciimination cliarge or making a
disciimination complaint, or against anyone participating in the investigation, is
proliibited.
4.3 PolicyRegardingReasonableAccoini'nodation
Tlie City will provide reasonable accoininodation consistent with tlie law to tlie known
pl'iysical or mental disability(ies) of an otlierwise qualified disabled applicant or
employee. Any applicant or employee requesting a reasonable accon'u'nodation as a result
of tlieir disability sliould direct tlieir request to tlie Human Resources Director. For further
infon'nation conceri'iing reasonable accoiui'nodations, see Section 4.5 below.
4.4 Definitions
44
a. Disability: (1) a pliysical or mental impairinent tliat lii'nits one or more major life
activity; or (2) having a record of sucli aii impaiiment; or (3) being regarded as,
perceived as or treated as liaving sucli aii impaiiment, as explained more fully
below.
b. Physical or Mental hnpairineids: Physical impain'nents include loss of limb or
otlier anatomical loss, cosmetic disfigurement, pliysiological disease, disorder or
condition tliat effects one or more of the following: neurological system, imi'nune
system, musculoskeletal system, special sense organs, respiratory system
(including speecli organs), cardiovascular system, reproductive system, digestive
system, genitouiinary system, liemic aiid lyinpliatic system; circulatory system;
skin aiid endocrine systems. Examples of pliysical impain'nents include, but are
not limited to: vision, speecli and hearing impainnents; ortliopedic and
neuromotor impairi'nents; diabetes; heart disease; liigli blood pressure; cancer,
astluna; Hepatitis B; HIV infection; epilepsy; partial or total loss of a limb; and
mobility impain'nents requi'iing tlie use of a wlieel chair.
Mental impain'nents, include but are not limited to: emotional or mental illness;
seizure disorders; intellectual or cognitive disability; clii'iical depression; bipolar
disorder; leaiing disability; nervous conditions; obsessive-compulsive disorder;
autism spectrum disorder; scl'iizophrenia; and drug addiction if tlie addict has
successfully completed or is participating in a reliabilitation program and no
longer uses illegal drugs.
Tlie following conditions are not pliysical or mental iinpainnents: transvestitism;
illegal drug use; homosexuality aiid bisexuality; compulsive gambling, kleptomaiiia;
pyromania; pedophilia; exliibitionism; and voyeurism; pregnancy (except for
pregnancy related impain'nents such as diabetes or l'iigli blood pressure); heiglit,
weight; eye color; hair color; left-liandedness; poverty; lack of education; a prison
record; and poor judgi'nent or quick temper if not syinptoms of a mental or
pl'iysiological disorder.
c. Liynitation of Major Life Activities: An individual is disabled if lie or she lias a
pl'iysical or mental impain'nent tliat (a) renders liim or lier unable to perforin a major
life activity, or tliat (b) makes acliievements of the major life activity more difficult
(wliicli includes, among otlier things, a comparison to tlie ability of most people in tl'ie
general population to perforin tlie major life activity in tenns of time, duration effoit,
paiii and difficulty.)
Major life activities are functions such as caring for oneself, perforining manual tasks,
walking, standing, seeing, liearing, sitting, speaking, breatl'fflng, leaii'iing, reacliing,
bending, reading, concentrating, tliii'iking, corninui'iicating, interacting witl'i otliers,
working witli and tlie working of major bodily functions, such as tlie iiuinune system,
special sense organs and skin, nonnal cell growth, digestive system, genitourinary
system, bowel, bladder, neurological system,, brain, respiratory system, circulatory
45
system, cardiovascular system, endocrine system, hemic system, lyi'npliatic system,
musculoskeletal system and reproductive functions.
In detennii'iing whetlier a physical or mental iinpainnent makes achievement of tlie
major life activitymore difficult, tlie agency will consider:
(1) tlienatureandseverityoftheimpairi'nent;and
(2) the duration or expected duration of tlie ii'npairinent; liowever, even if tlie
effects of tlie impairinent last or are expected to last fewer tlian 6 montlis,
impainnent may still be a disability depending upon otlier factors.
d. Hasiing a Record of Impairment: An individual is disabled if lie or slie has a
liistory of liaving aii impain'nent tliat limits tlie perfon'naiice of a major life
activity; or lias been diagnosed, correctly or incorrectly, as liaving sucli an
impain'nent.
e. Regarded as Having a Disability: An iiidividual is disabled if lie or slie is treated
or perceived as having an impainnent that limits a major life activity, altliough no
such impairinent may exist. Also, an employer's action (sucli as a demotion,
tennination, assigni'nent) based upon a person's actual or perceived impairi'nent
may constitute under tlie law tliat tlie person lias been regarded as liaving a
disability.
f. Qualified Indisiidual with a Disability: A "qualified individual with a disability"
is a person wl'io (1) satisfies tlie job related requirements for tlie position (meaning
tlie individual possesses tlie requisite skill, experience, education, and otlier job
related requirements of the position), and (2) can perfon'n tlie "essential functions"
of tlie position witli or without reasonable accoininodation.
g. Essential Functions
Essential functions are tlie fundamental duties of a position. Marginal or
peiiplieral functions of a position are not essential functions.
A function may be essential because of a variety of reasons, including but not
limited to:
(1) the reason the position exists is to perfon'n tl'iat function;
(2) tl'ie limited number of employees available among wliom the
perfonnance of tliat job function can be distributed; and/or
(3) tlie function is highly specialized and requires specific expeitise or
skill to perfonu.
Factors considered in deten'nining wlietlier a function is essential include but are not
limited to: tlie agency's judginent as to wl'ffcli functions are essential; written
job descriptions; the amount of time spent on the job perfon'ning the function; tlie
46
consequences of not requiring tlie perfonnance of the function; tl'ie terins of a
collective bargaining agreement or MOU; and tlie work experience of past and
present incumbents in tlie position.
4.5 Reasonable Accoini'nodation
If tlie individual caiuiot perfon'n one or more essential functions because of disability, tlie
individual may request a reasonable accoiuinodation that will enable tlie individual to
perfonn the essential functions of the position. Applicaiits witli a disability may also
request reasonable accoininodations relating to tlie testing/application process. Tlie City
will make reasonable accomtnodations available to known disabilities. Requests for
reasonable accoini'nodation sliould be made to Human Resources Director.
Accoi'ni'nodation is any cliaiige in tlie work enviroi'unent or in tlie way tl'iings are
customarily done tliat enables a disabled individual to enjoy equal employinent
oppoitunities. Reasonable accoini'nodations may include, but are not limited to:
(a) modifications or adjustments to a job application/testing process to
enable an individual witli a disability to be tested for or be considered for
the position;
(b) modifications or adjustments to tlie work envirom'nent so tliat a disabled
person can perfon'n tlie essential functions of the position; and
(c) modifications or adjustments tliat enable disabled individuals to enjoy
equal benefits and privileges of employinent as other similarly situated
employees witliout disabilities enjoy.
(d) providing assistive devices, services or equipment;
(e) restructuring a job to eliminate or redistribute non-essential functions
of a position;
(f) providing a leave of absence;
(g) providing additional training;
(li) providing a modified work schedule;
(i) modifying supervisory methods (e.g. dividing complex tasks into
smaller paits.)
(j) making existing facilities and equipment used by employees readily
accessible to and usable by individuals witli disabilities.
Reasonable Accoini'nodation does not include:
(a) eliminating essential functions of a position from tlie disabled
individual's job;
(b) promoting an employee; or
(c ) providing an indefinite leave of absence.
Agency will not provide an accoi'ni'nodation tliat imposes an "undue hardsl'iip".
Undue hardslffp means sigi'iificant difficulty or expense incurred in tlie provision
of accoi'ni'nodation.
47
Whether a particular accoininodation will impose an undue hardsl'iip is
detennined on a case-by-case basis. Factors considered iii detennining whetlier
an accoini'nodation would create an undue liardsliip include but are not limited
to: the nature and net cost of the accon'unodation; the financial resources of tlie
agency; aiid the effect on tlie ability of otlier employees to perfon'n tlieir duties.
Detennii'iing tlie Appropriate Reasonable Accoinmodation
If a qualified individual witli a disability requests a reasonable accoi'mnodation
or the City becomes aware of the need for accoininodation tl'irough a third party
(sucli as a doctor) or by observation, tlie City sliall engage in an infonnal,
interactive process witli the person to identify tlie precise limitations resulting
from the impairi'nent and tl'ie potential reasonable accoini'nodations that could
overcome tliose limitations.
Tlie interactive process used to deten'nine a reasonable accoininodation will
typically involve tlie following. Tlie agency will analyze tlie particular job at
issue and deteii'nine its purpose and essential functions. The agency may
request tliat tlie individual provide verification from his/her treating physician
tliat tlie person lias an impainnent (the agency will not require tliat the diagnosis
be provided) as well as infon'nation concerning how tlie impairi'nent affects tlie
individual and its expected duration. Tlie City will consult with tlie person
requesting a reasonable accoininodation to ascertain tlie precise job-related
limitations imposed by tlie individual's disability, and identify potential
reasonable accomi'nodations tliat would enable the person to perfoiin the
essential functions of tlie position. If potential acconu'nodations are identified,
tlxe agency, in consultation witli tl'ie person requesting reasonable
accoininodation, will evaluate tlie effectiveness of eacli potential reasonable
accommodation with regard to enabling tlie individual to perfon'n tlie essential
functions of tlie position, or in the case of an applicant, enabling tlie applicant to
have aii equal opportunity to participate in the application process and be
considered for tlie job. Tlie agency will consider the preference of tl'ie
individual to be accoininodated. Tlie City will select and implement tlie
reasonable accoi'ni'nodation, if aiiy, that it deten'nines is effective in allowing tlie
person to perfori'n tlie essential function of the position, or in tlie case of an
applicaiit, tlie ability to participate in tlie application process and be considered
for tlie position.
If at any time tlie provided reasonable accoininodation does not enable tlie
employee to perform tlie essential functions of tlie position and/or tlie employee
needs an additional or revised reasonable accominodation, tlie employee sliould
make another accoiuinodation request to Human Resources Director.
48
4, 6 Complaint Procedure
a. A job applicant or employee wl'io believes lie or slie lias been discriminated
against on tlie basis of disability or wlio believes tlie agency lias failed to provide
a reasonable accoini'nodation may make a complaint as soon as possible after tlie
incident, aiid no later than 30 days of tlie alleged incident, unless reasonable
circumstances prevented tlie employee from doing so, to: (a) complainant's
imi'nediate supervisor; (b) complainant's Depaitment Head; or (c) tlie Hu'i'nan
Resources Director, wlio has been designated to coordinate agency's effoits to
comply witli federal and state laws conceriiing employi'nent discriinination on tlie
basis of disability.
Tlie complaint should include:
(1) a description of tlie offending beliavior(s) or violations;
(2) date(s), time(s) and location(s) of incident(s);
(3) name(s) of alleged offender(s);
(4) name(s) of witnesses, if any; and remedy desired.
Tlie complainant's iminediate supervisor or Department Head sliall refer
all complaints received to the Human Resources Director.
b. Upon receipt of a complaint, tlie Human Resources Director or designee shall
conduct a prompt aiid, to the extent possible, discreet investigation of tlie cliarges.
Upon completion of the investigation, tlie Human Resources Director or designee
shall review the infon'nation gathered througli the investigation to deteimine
whetlier tlie alleged conduct violates tlie City's policies or is otlierwise
inappropriate
Tlie Humaii Resources Director or designee shall tlien prepare a written report
setting fortli tlie result of tlie investigation and tlie deteri'nination as to wlietlier a
violation of City policies or otlier inappropiiate conduct lias occurred. The results
of tlie investigation sliall be conveyed to appropiiate persons including to the
complainant, tlie person(s) allegedly engaged in discrimination, tlie supervisor,
and tlie Depaitment Head.
If it is detennined tliat inappropiiate conduct aiid/or a violation of tliis policy
occurred, swift and appropriate disciplinary action will be comi'nensurate witli tlie
severity and/or frequency of tlie offense.
Reasonable steps shall be taken to protect tlie victim and otlier potential
victims from further inappropriate conduct. Retaliation against tl'ie complaining
paity or any otlier persons participating in tlie investigation will not be tolerated
and will result in discipliiiary action up to aiid including ten'nination of
employi'nent.
49
SECTION 5 FAMILY AND MEDICAL LEAVE
Eli%ble Employees
Tlie Family and Medical Leave Act (FMLA) and tlie Califon'iia Fainily Rights Act (CFRA)
provide employees with tlie right to take family care aiid medical leave (liereafter referred to as
FMLA/CFRA leave or Family Medical leave) for certain circumstances. To be eligible for
FMLA/CFRA leave, tlie employee must: 1) liave been employed for at least 12 montlis at the
City; 2) liave worked at least 1250 liours duiing tlie last 12 montlis; and 3) be employed at a
worksite at wl'ffcli the City employs 50 or more employees witliin a 75 mile radius.
0ualifying Reasons for tlie Leave and Lengtli of Leave
Eligible employees may take up to 12 work weeks of unpaid FMLA/CFRA leave witl'ffn a 12
montli period (measured backwards from the date the leave begins) for tlie following reasons: 1)
The care for a new cliild of an employee (newborii, adopted or foster child) during tlie first year
after the biith, adoption or placement; 2) To care for tlie employee's iininediate fainily member
(i.e. dependent child , parent, spouse or registered domestic partner) wlio lias a serious liealth
condition; 3) tlie employee's serious liealtli condition; or 4) any qualifying military exigency (as
deterinined by the regulations of tlie Secretary of Labor) arising out of tlie fact that the
employee's spouse, son, daugliter or parent is on active duty (or lias been notified of an
impending call or order to active duty) in tlie Aiined Forces in support of a military operation
designated by tlie Secretary of Defense or a call of uniforined service members to active duty.
Up to 26 work weeks of unpaid leave, witl'ffln a 12 montli period (measured from the date tlie
leave begins) may be used by eligible employees to care for a fainily member (cl'ffld, parent,
spouse or next-of-kiii) witli a seiious healtli condition incurred as a result of active military
services. For purposes of tl'ffs "militaiy care giver leave", "serious healtli condition" is an injury
or illness incuired in the line of duty or on active duty in the Arined Forces that may render tlie
member 'i'nedically unfit to perfonn liis or lier duties.
Subject to tlie length restrictions specified above, tlie length of eacli absence will depend on the
reason for tlie leave and/or tlie medical necessity for tlie leave, as ceitified by the liealtl'i care
provider.
Notice:
An employee should provide as much advance notice as possible of the date of the Family
Medical Leave being requested and an estimated duration. If tlie event necessitating tlie leave
becomes known to tlie employee more tlian 30 calendar days before tlie need for tlie leave,
tlie employee must provide notice as soon as tlie employee learns of tlie need for leave and
tlie Ieave request must be submitted in writiiig to lffs or lier supervisor or Human Resources at
least 30 days before tlie time tlie leave is needed. If the need for leave is not foreseeable, the
employee 'i'nust provide as mucli advance notice as possible, with written notice given no later
tlian five work days after leari'iing of the need for leave.
50
If tlie leave is needed for planned medical treatment or medical supervision of a fai'nily
member, tlie employee must make a reasonable effort to scliedule tlie treatment or
supervision in a way that is least disruptive to tlie City's operations, subject to approval by
the healtli care provider of tlie individual requiring treati'nent or supervision.
Tlie City sliall respond to tlie leave request as soon as possible. When responding to tl'ie
FMLA/CFRA leave request, tlie City sl'iall provide a written notice that includes: 1) whetlier or
not the employee and tlie leave qualify for FMLA and/or CFRA leave and if so, that tlie leave
will be counted against tlie leave available under tlie FMLA and/or CFRA; 2) any requirements
for tlie employee to provide medical ceitification; 3) tl'ie paid leaves available for use by tlie
employee where applicable; 4) any requirement of tlie employee to make payi'nent to maintain
benefits and tlie arrangements for making sucl'i payinents; 5) any requirements tliat tlie employee
provide a fitness-for-duty certificate to be restored to employi'nent; 6) tlie employee's status as
"key"' employee and tlie potential consequences that restoration may be denied; 7) the
employee's riglit to restoration to the sai'ne or an equivalent position upon retuni from leave; aiid
8) the employee's potential liability for payi'nent of healtli insurance premiums paid by tlie
employer during tlie employee's unpaid leave if tlie employee fails to return to work after taking
leave.
Certification:
If leave is needed for tlie employee's own serious liealth condition, tlie employee must provide
certification from lffs/l'ier liealth care provider stating: (a) tlie date of cominencement of tlie
serious liealtli condition; (b) tlie probable duration of tlie condition; and (c) tliat tlie employee is
unable to perfon'n tlie duties of liis or her position because of tlie serious liealtli condition.
The City may require employees to obtain, at tlie City's expense, a second opinion. If tl'ie second
opii'iion differs from the first, tlie City may require a tl'iird opinion from a mutually agreed on
liealtli care provider.
If the leave is to care for a sick cl'ffld, spouse, parent, registered domestic paitner, or next-of-kin,
tlie employee must provide ceitification from tlie liealth care provider stating:
a) confin'nation of a serious liealtli condition tliat requires employee's paiticipation;
b) date of corni'nencement of tlie serious liealtli condition;
c) tliat tlie employee is unable to work at all or unable to perfoim one or more
essential functions of tl'ie position because of tlie serious l'iealtli condition;
d) estimated amount of time the employee will be needed to provide care.
Witli respect to leave taken for military exigency, tlie City reserves tlie riglit to require proof of
tlie military exigency consistent with tlie law.
Use of Accrued Paid Leave:
When tlie leave is for tlie employee's own seiious liealth condition, or to care for a fainily
member witli a serious liealtli condition as described above, the employee may elect to use
' "key" eniployee is an employee who is an'iong tlie highest paid ten percent of all the City of Cupeitino employees.
51
available accrued paid sick leave, vacation leave or other paid leaves in order to receive pay
during the Fainily Medical leave.
When the leave is to care for a new child of the employee (a new baby, adoption or foster care
placement), the employee may use available accrued vacation and otlier paid Ieaves, but accrued
sick leave may only be used wlien the cliild is sick or medical appointments.
Once tlie employee's accrued paid leave time is exhausted, tlie remainder of the Family Medical
leave is unpaid time off.
Benefits:
During the FMLA/CFRA leave tlie city must maintain tlie employee's coverage under any grorip
health plan on the same conditions as coverage would liave been provided if tlie employee liad
been continuously employed during tlie entire leave period. Otlier benefits can be maintained at
tlie employee's cost. If tlie leave is beyond tlie period of time provided by law as explained
above, the employee may continue tlie liealtli insurance benefits at his/lier own expense. If an
employee fails to retuni from leave, the employer lias a 'iiglit to reimbursement for tl'ie group
liealth costs during tlie time of tlie Ieave. Tliere are two exceptions to tlie preceding: 1) Tlie
employee is too ill to retuni; or, 2) Tl'ie employer believes grievous economic injury will result if
that employee is reinstated.
Seniority and other benefits do not continue to acctaue duiing a period of leave under tliis policy,
except tliat seniority and benefits will continue to accrue duiing any period tliat paid leave
(vacation, sick leave) is used and will accrue pro-rata during any reduced-scliedule leave.
Employee's seniority or accrual level will not be negatively affected by the leave.
l
Reinstatement:
At tlie end of tlie leave tlie employee will ordinarily be reinstated to liis or lier previous position
or to an equivalent job witli equivalent pay, benefits, and working conditions, ui'iless the position
lias been eliminated due to a reduction in force or reorganimtion, or unless the employee would
have been ten'ninated for some otlier business reasons ui'irelated to tlie leave, or for any otlier
lawful reason.
When the leave was for tlie employee's own serious liealth condition, tlie employee must provide
to tlie City a medical release to retuni to work. If aii employee is unable to retuni to work after
the initial estimated returii date, an additional certification will be required and will be evaluated
by the City.
SECTION 6 REIMBURSEMENT OF EXPENSES
6.1 Personal Vel'iicles
Employees who are required to use tlieir personal velffcles for city business shall
reimbursed for such use at an appropriate rate to be deterinined by a scliedule adopted by
52
the City Council. Submission of a request for reimbursement must be approved by tlie
Department Head.
Exceptions to tlie foregoing paragrapli are: City Manager, Department Heads, Recreation
Supervisors, Traffic Engineer, Building Official, Legal Services Manager, Assistant
Director of Public Works, and tlie Public and Enviroi'unental Affairs Director. Tl'ie pay
rate of each includes an allowance for tlie use of tl'ieir personal veliicles. However,
should any of the identified persons travel in excess of two liundred miles round trip tliey
would be eligible for reimbursement at tlie establisl'ied rate.
6.2 Reimbursements
Employees wlio are required to advance personal funds for conferences, meetings, or
tlie purcliase of minor materials and supplies or for otlier approved services duiing the
perfonnance of or arising out of tlie duties assigned to the employees work shall be
reimbursed for funds so expended. Tlie Appointing Autliority may prescribe sucli
administrative rules and regulations goveianing tlie allowable kinds and amounts of sucli
reimbursable expenditures and the metliods and procedures usable to substantiate and
process submitted claims.
SECTION 7 SPECIAL CONDITIONS
7.1 TrainingProgams
It shall be tlie policy of tlie city to encourage e'inployee participation in traii'iing
programs which will be of benefit to tlie employee and tlie city in tlie better perfonnance
of his/her work and as a means of providing assistance to tl'ie employee qualifying for
promotional opportunities. Tlie Appointing Autliority may prescribe suitable regulations
aiid guidelines under wl'ffcli sucli programs may be administered.
7.2 Suggestion System
Suggestions of employees relating to tlie improvement of work related matters
sliall be encouraged. Tlie means of receiving, processing and implementing
sucli suggestions as well as tlie metliod of giving appropiiate recognition tl'iereto sl'iall be as
presciibed by tlie Appointing Autliority.
7.3 Hospitalization, Medical, Dental and Life Insurance Programs
It shall be the policy of the city to provide suitable group hospitalization, medical, dental,
life insurance programs and income protection under wl'ffch employees and tlieir
dependents may be covered. Tlie needs of the employees sliall be given due
consideration.
7.4 Memorandum of Understanding
Rules relating to tliose matters of mutual interest and conceni between city management
and city employees wl'iich are subject to meeting and conferring in good faith sliall be as
mutually agreed to between tl'ie paities and as approved by tlie City Council in
Memoranda of Understanding. In tl'ie absence of sucli memoranda tlie rules contained
53
lierein shall apply wherever applicable. In tl'ie absence of aiiy specific rule on any given
matter tlie City Manager in that capacity or as Appointing Autlioiity sliall establisli
suitable policies by administrative regulations and orders wl'iicli shall be considered as
supplemental hereto unless or until amended or superseded.
SECTION 8 WORKPLACE VIOLENCE
Tlie City of Cupeitino is fumly coininitted to providing a workplace that is free from
violence and the tl'ireat of violence. In keeping with this coiuinitment, tlie city lias
establislied a stiict policy that proliibits any employee from tl'ireatening or coini'nitting any
act of violence in the workplace. Employees are also prol'iibited from having in tlieir
possession weapons including firean'ns and knives, otlier than pocket knives or knives
coini'nonlyused as tools, in the workplace.
8.2 Definition
Workplace Violence includes but is not; limited to harassment, threats, pliysical attack, or
property damage.
Threat is tlie expression of an intent to cause pliysical or mental ha'ii'n. An expression
constitutes a tlyeat witliout regard to wlietlier the party comi'nunicating tl'ie threat lias tlie
present ability to catty it out and without regard to wliether tlie expression is contingent,
conditional, or future.4' a
I
I
Pliysical Attack is unwanted or liostile pliysical contact sucli as liitting, figliting, pusl'iing,
slioving, or throwing objects.
Property Damage is intentional damage to property that includes property belonging to
tlie City of Cupertino, employees, visitors, or otlier persons.
8.3 Zero Tolerance
Violence or the threat of violence, against or by any employee or any other person is not
acceptable.
(1) Should a non-employee, on City of Cupertino propeity, demonstrate or tl'ireatei'i
violent beliavior, lie/slie may be subject to ciii'ninal prosecution.
(2) Sliould an employee, during working liours, demonstrate or threaten violent
behavior, lie/slie may be subject to disciplinaiy actioi'i up to and including
discliarge,
8.4 ViolentActs
The followiiig actions are considered violent acts:
54
(1) Striking,punching,slappingorassaultinganotherperson.
(2) Fighting or challenging another person to fight.
(3) Grabbing, pincliing or toucliing another person in an unwanted way wlietl'ier
sexually or otlierwise.
(4) Engaging in dangerous, threatei'iing or unwanted horseplay.
(5) Possession, use, or tl'neat of use, of a gun, ki'iife, or otlier weapon of any kind in
the workplace, including parking lots, work sites, city vel'ffcles, or wliile engaged
in activities for tlie City of Cupertino in otlier locations.
(6) Tl'ireatei'iing hann or l'ianning anotlier person, or any otlier action or conduct tliat
implies tlie tl'ireat of bodily lian'n.
8.5 RepoitingViolentActs
Any employee wlio is tlie victim of any violent, threatening, or liarassing conduct in tl'ie
workplace, any witness to sucli conduct, or anyone receiving a repoit of sucli conduct,
whetlier tlie perpetrator is a city employee or a non-employee, sliall imi'nediately report
the incident to tlieir iininediate supervisor or otlier appropriate person in the cliain of
comtnand. A written report sliall iininediately be prepared and delivered to tlie Human
Resources Director. Failure to report a workplace violence situation or file a written
report sliall be cause for disciplinary action up to and including discliarge.
8.6 WorkplaceViolenceWiittenRepoit
The written report shall be objective and include facts including time, observations,
statements made by tlie parties involved in tlie workplace violence encounter, names of
witnesses to tlie incident, and other relevant infon'nation tliat may be beneficial to the
investigation.
8. 7 No Retaliation
No one, acting in good faitli, wlio initiates a complaint or repoits an incident under tl'iis
policy, will be subject to retaliation or liarassment.
8.8 Iiwestigation
Upon notification of a workplace violence repoit, the Human Resources Director sl'iall
imn'iediately conduct an investigation. A written report including findings and
recoini'nendations sliall be submitted to tlie City Manager.
8.9 Due Process
55
Any employee, if found to be a perpetrator, will be provided due process piior to any
disciplinary action pursuant to tlie provisions of a memoraiida of understanding or tlie
Administrative Rules and Regulations of tlie Persoi'u'iel Code.
:,S'a I
t
56