CC Resolution No. 9643 s •
RESOLUTION NO. 9643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMEND[NG THE RULES ON CONDITIONS OF EMPLOYMENT
i WHEREAS, the Rules on Conditions of Employment need to be modified in
! order to conform with the Memorandum of Understanding between the City of Cupertino
und Opetnting Engineers Local No. 3.
NOW, THEREFORE, I3E IT RESOLVED that thc Rules on Conditions of Employment
be amended Fss shown in Attachment "A", which is incorpomted in this resotution by .
reference.
PASSED AND ADOPTED nt a regulur meeting of the City Council of the City of
Cupertino this 17th day of June, 1996, by the following vote:
YQI~ ~IS 4f Ih~ ~1iX ~
AYES: Bautiata, Chang, Dean, Sorensen. Burnett
NOES: None .
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
~ ~
CITY OF CUPERTWO :
RULFS ON _
CONDTIIONS OF EI~LOYA~IDdf
GENERAI. AD1VID~ILSTRATION , , . .
, : . . . . ~ ~ ..,7k.
~ Section 1.OFi~ ~ . ~ ' . . : ~.x.: ~ ~
Tye pucpose of tLac Rula shall be to prcmde du basis of wmmon undastaading
' betwKa supervisors aad employees as to term: and coadI~ of employiment iasobr as they m
not supaa~eded by a formellY ~dopted Memoraad~ of Undasdndin~ for such tams and
conditions of employmmt aa ate permiuod for iaclusioa tberain tmder Wa ~visioos of C~apta
6 of t6e Pereomoal Code. Employer-Employee Reladam.
Sxtio~ 1.1 EQ1i47C .
The poliry ~mder wbich these Rules ~hali be admiaittaed is om of ~ both to the
employx aad the City aad of uniformity of action m tl~st all may be eware of the dutia aad
raponsibilitia of the employee in this regard as well as the rights aad privilega of employme~
with t~ City.
Secti~ 12 Adm~
T~ee ~iminis~oa of thae Rules is haeby vesoed in tbe H~an Rasoiava Maoa~er
subject to admiaistiative policies as set fotth by the City Maai.zet. who i~ the Appo~r,a
ptrthoiity, .
Sectioa 13 I~ti~
Any intap~emtioa, de5nition or meaniag of mq piwision, term or condifioa ~
he~in shall be as aet foath in writing by the Htmman Rao~es Meaager whox iaMpre~ticaas,
definidon or meaaing shall be considercd as being supplaneaW hereto,
Section 1.4 ~py~
All officers, emptoyees end pc~sitiocu shall be subject to these Rules save and exeept for
thosc officas, employxs and positio~u specificalir eoamerated h=tein below.
a) All Elected Officers
b) City Managa
c) Ciry Attomey
d) Chaiimen aad members oC aPPoin~d bo~. ooadmlasian ead committees '
e) Pusons engaged under connaet to sapP~Y ~4 Rnft~sional, tectiriical"bt
otha services. _ .
Section 1.5 Reneal of .xier_in~ R~Ies
Ali cxisting Rules and other policies c~areody or haetofore in effect relstinQ to those
terms and conditions of employmeat as providtd for 6aeia are hereby ~escinded aad repealod.
1
, ~ ~ ~ .
i
I
$CCtioII 1.6 Amen mentt tn R~les
pmeadmeats to and modifications of the.te Rula shell be ac set forth in the Pcrsonnel
Code.
Soction 1.7 F.~.I?~t4
'I'hese RWa sball be filed with the City Clak on adop6on by the Ciry Council sad:hall
became efiective immediately thetsafter.
RF.CRUITlMIENT AND RETENTION
Sxtion 20
ReQUi~ of employea for positioat ia tha City ~sll be the rapoaaibility of the
Human Rrsouraa Managa. 'I~ uchniques aad procadum of rocruiUmeat s6all bc those most
effective in etuactinS 4~~ aPPlicants for posmams with tbe City without ~egu+d to na.
religion. sex. natioaat origin, political back~ound, ar sr~c~et paefamce.
Sxtion 2.1 E7c8IDi~
Examinations aball be pisparcd and administaed to tat fairly the fimess of applicmb.
Seid examinsbons shall be oomprixd of any one or moc+e pmce.sses of wriuea, ora1. phyaical
fimess, una~sembted or snch otha method a4 can serve the piapose of determiniag the a1dlLt aad
imowlege, quali5ation oc ftmess of t~ spplicaat. 13e dctamiastion as to tbe prooesaa tbut
will be used for ach positia~ cVssification shall bc tlat of tbe Hvmen R~ Diviston w~
may obtain end utilia snch a~istant as may be isquirod to fulfill tbe i~mt of this sccdoa. Seid
examinatioas may be oompe~tive or noncompetitive; psovided bovvever, thaL advaaa public
notice be advcrtised }aiar w each such competitive txamination aa to tbe taethod by which the
digible list shall be pctp~ted, its ef~octive life, weightiag fecoo~s sod such othet detail Wat may
provide the applicaa~ with a better understaading of the ex~on snd selection prooas for
the position for which he/she is applying.
Section 2.2 F~' 'biii isre
Wheneva competitive acaminations ace administercd the names of succasfiil applicanu
thereto shall be placed on lists from which appointrneats therefrom shall bc mede dntiag the
effective term of the list. Eligibiliry lisu may be construeted so as to give numerical realtins of
successfu! applieanu or ia category groupings whrn said lists aoe obtained from exatninstions
administered in that maaner or hom examinatioas administec,ed on a pass-fail btsis.
Employmeat lists shall remain in eff~tt f~ oae year unless exhausted soomr or abolished
b~~ che Human Raoiaoes Manager. Employmeat lists mry be eutcnded for up to aa'~ditional
year by actioas of the Human Resources Managa.
2
~ ~ .
Seccion 2.3 Seleccion ofEm~~,~
The selection of a succtuful applicant for a position with the City shaU be made by the
Department Head having supervisory• control of the posidon to be filled. The Departmcnt Head
~ shail recommead such selectioa of the Appointing Authoriry who may approve or disapptove an
appointrnrnt.
If the selection of a successfut applicant is to be made from en eligibitiry list construcud
by numerical ranking the person xlecud shall be from oae of the three highest available persons
on the list. If the selection of a succasfiil appGcant is to be made 5rom an eligibiliry list
consavcud by caugory groupings the peison selected shall be fram among those available in the
highest caugory before a selcction may be msde from a lower caugory.
Section 2.4
All appointments whether from eligibility lists or not aa imespective of the rype of
position to which one is made shell be approved by the Appointing Atuhority before becoaung
cffective.
APPOIMMENTS AND EMPLOYEE STATUS
Section 3.0 ,Ap~pj~
All appoiatments to positions subject to Jurisdiction B of the Pasonnel Code and as
approved by the Appointing Authoriry shall be made in one of the followitag a~d maaoeta amd
the af~'ecud employx shall bc granud the same status accordin~ly. .
Sectioa 3.1 r ified c~c ' ~
Certified status shall be granud tn all employea oa~upY~B PosiCi~ons subjxt to
Jurisdicrion B who have successfully completed their probationary pxriod whca either appoinud
from an eligible list or as the result of having successfWly completed an examination for the
appointment
One of fouc jurisdictions crea~ed by the Persennel Code. Jurisdicaon B establishes the
provisions and conditions for the appoinanent, ecnploymeat and reuntion of subject empioyees
on a b~cis of inerit and fimcss. The following offices. positions and employees are excluded
from Jurisdictioa B: Ali elecud off?ces, Ciry Maoaga, Ciry Attomey, Chairmtn aod Members
o( appointed boards, commissioas and committees, pasoat eagnged under connact w supply
sen~ices, Deparunrnt Heads, employees occupyiag positiocu whose principai job tequitement is
good physical fimess and employces serving under appcin~ts of provisional, pcemp~
~emporary or emergrncy status. ~ynercino. Pecsom~ei Code, tit~e XII, Chapta 1. Article 2, p. 2
and Chapta 4, Article l, p. 8.
3
~ ~
Section 3.2 Probationarv Status
probationary status shall be granted to all cmployas occupying positions subject to
Jurisdic6on B who have been appointed from an eligibility Gst. The probationary period shall be
twelve (12) monWs. ' .
Section 3.3 Pmv's±o ,A~ SL ~c
Provisional status shall be granted to. all omployees who ace appointed on other tLan a
' temporary basis w positioas subject to Jurisdiction: B but fo; which no, eligible lisu exists. Said
provisiona! appointments sha11 be tertninated no later than one hundred eighty (180) days after
appoinoment
Se~tion 3.4 Tem~ orary A,a
Temporary status shall be granted to all employxs appointed for work on a seasonel, less
than one-half time or to other non-permanent work. Full time empIoytnent in any posidon under
a temporary appointment shall not exceed 120 days in any twelve (12) month period.
Section 3.5 F_.CmAt ~ " ~c
Exempt status shall be granted to all employ«s occupyiag posidons aot subject to
Jurisdiction B of the Petsonnel Code.
INTER-POSTITON TRANSFERS OF E11~LOYEES
Section 4A $Q~pnS , ,
A promotioa shall be defincd as the appoinunent of a certified or exempt employa
occupying a position in a lower classification to a vacant posiuon in a higher clasifieadoa
_
Promotions may be made on a non-competitive or closed-competitive basis irrespective.
of the existrnce of eligible lists for the same position classification which may have been
constructed from open-competitive examinations.
Section 4.1 T~OSfCiS
A transfer shall be defined a~ the appointment of an employee to a vacant positioa having
an assignmrnt to the same pay grade as the position prcviously occupied by the employee
immediately prior to the transfer. The status of the employee so transferred shall not be affceted
b~~ the transfcr, provided, however, that a transfer shall not be made from a position subject to
lurisdiction B to one that is exempt therefrom. The appiicabiliry of rcquiring a qualifying
examinetion of the employee as a prertquisite to the uansfer shall be as determit~ed by the
Human Reso~a~s Manager in reviewing whetha desirable minimum standards of the position
havc bern met.
4
, ~ ~
Section 4.2 Vol m A,v R ~ctio e
A voluntary iednctioa shall be defuud es We approved request of an employee for an
appointment to a vacant position having en assignment w a lower pay gradc from the positlon
prcviously occupied by the cmployee iaunediately prior to the new appoinunent. The status of
the affceud e~ployee s6all not be changed es a restilt of the new eppointment; provided.
however, that a voluntary reduction asay not be made from a posidon subjcct to Jurisdiction B to
one that is oxempt therefrom. The appticability of roquiring a qualiPying axaminadon of tht
employa as a prerequisiu to approval of a tequest for a voluntary teduction shall be a5
determined by the Humaa Resources Managa in c~.wiewing whether desirable minimum
standards of the position have been mcG
Section 4.3 I2Cm~tion5
A demo±ion s6a11 be deSned as the involuntary teduction in ranlc or grade and shall be
made only for cause. No demotion shall be made withont the Appointing Authority fust having
reviewed a statement for cause as submitted by the Department Head having supervisory conttol
of the employee. Said staument for cause shall be ~ven in writing to the etiected etnployee.
The stanu of a demoted employee shall be detecmtned in the same menner as provided by the
rule on voluntary tsductions, above.
CITYWIDE POLICIFS
5ection 5.1
In accordance with an in support of equa! employment oppoetunity ais specified uada
Tide VII of du Civil Rights Act of 1964, as amended, it is the poliry of the City Council of the
City of Cupatino to provide all applicants for employment end all employed with equai
opportunity in employmeat without rzgard to race, religion, mtional'' odgin, sex, sexual
orientation, handicap, or age.
The City Council of ttu Ciry of Cupenino hereby resotves as follows: '
That the City of Cupertino is committed to take affim~ative action in the utilimtion of
minorities and females at all job levels and in all segmenu of the wotk force to refltct the
percentage distribution of minorities and females in each occupational category a5 thry are
a~•ailable in the labor market.
That this affinnative action policy will apply to all employment practices, such es
recruitrnrn~ selection, transfers, promotions, training, compensadon, benefiu and tcrminations.
That the Ciry of Cupertino estnblishes that it wil! seek W achieve the percentage hiring and/or
promotion goals within a five year time period mding June 30, 1979, and as may be consistent
~~•ith changing labor market panerns.
That once the pereentage goals are reached. they wiil be maintained in conformance with
a~~ailability in the labor mazket.
That percentage goals shown established a minimum representation and in no way
preclude the Ciry from exceeding the projected goals.
5
~ ~ ~ .
That is the responsibility of the City Manager to ensure that this cqual employmrnt
opportuniry policy is communicated to ell present employees, prospective employees,
recruitment sources, and the communiry.
That every employee of the City of Cupertino is hereby dirccted to lend his snd her
support and cooperation in making equal snployment oppommity an integral part of the Ciry's
program of pcrsoaael admiaissration.
I Section 5.2 Alcohol ~n_d DruQ Ab~ce_ PoLcv
I. PURPOSE:
The gurpose of this policy is to comply with the Dnig Fra Work Plece Act `of 1988 as
pazsed by Congmss. FiR5210 rcquires that all Federal graat recipienu, includiag cities,
estab6shed an enti-drug policy for the work plece. HR5210 requited the City to:
1. Escablish e drug fret awareness program for employas.
2. Provide a notice to all employees specifying that drugs ate illegal in the work place
and that aetioa will be taken for violations.
3. Make employmeat conditional upon compliance with this policy and require the
employee to notify the empioyer within five working days of a conviction due t~ a
drug related offense cecurring in the work place.
4. Notifythe applicable granting federal age~y with ten days of ea employa's
conviction due W a drug rclated offense occurcin~ ia the work place.
5. Sanction employas for violation and/or nquire participatioa in a ueatmeat progrem.
6. Make a good faith effort to maintain a dcug free worlc placx by following the above
re9uirements.
In addition to the fact that such rcquirements are established by law, a drug fm policy is
appropriate in that it htlps ensure that employees an able to perform their duties safely and
efficiently. While the City of Cupenino has no intention of inuvding into the privat~ lives of iu
employees, it does believe that involvement with drugs and alcohol can take iu toil on job
performance and employee safety.
A key element of this policy is rehabilitation. Employees who believe they have a
problem are urged to contact the Human Resources Division for referral to community resources.
The key focus of this policy is prevention ttuough educating employees on the dangas of
alcohol and drug abuse, and rchabilitation for those who tsave such problems: My disciplinary
actions will be evaluated on a case-by-case basis end shell be used as a last nsort after
rehabi!itation efforts have failed.
6
~ ~ .
II POLICY:
It is the Ciry potiry that emptoyea sh~ll not drink ~lcohot or use drugs in the course of
Ciry business, which shall include lunch time if the emp(oyee plaas to rewrn to worlc. • Nor
shall they posuss alcoho! or diugs while on Ciry property; or u woric lo~tiona, or in unifocm,
nor sh~ll emptoyea sell or provide drugs or alcohot to any other employee or co aay peraon
while auh anploya is oa duty. Nor stull aay employ~ee have tbeir abiliry to work impaired as
a rerilt of the use of alcohel or drugs when rcporcing for aroric.
While use of inedically prescn'bed diugs is not a violatioa of this poliry. fiilure by the
emptoya to ~tify thi: or der supervisor befon b~inaia~ woric wlua t~lang dcugs which
foraeeable interfae with an effective perfo~maaoe ef du~ies or operadon of Ci meat,
tY ~P
cw rautt in discipline up to aad iaciuding tamiattioa Ia t6e avmt thae is a question
reg~rdiaQ ~a employa's abi7'isy to safelY usd e$ecsiv~dY Pa'form usigaed dusia while using
wch medicatioq clearaace fram a qualified phyticiaa may be required.
Refusal to submit imonediately to tn alcohot tndlor dtuB analYsis w6~ recNated by
City mu~agemmt or law eaforcemeat penom~el, at a nwlt of re~onable suspicieq may
constitute insubordiauion ~nd may be grounds for discipGae up to aad including taminatioa
Emptoyaes re~onabiy bdieved to ba uader t6e ioSneace of al~hol or drugs shill be
proveated from eag~ioQ in furcher Ciry woric ~ad sh~11 be detiined for a nxsonable time uati7
he or she caa be :afdy uaasported from the w~ork tite. .
H?g6er suaduds msy be pcomulgued basad upon spea6c jo~ ~ td determined by
~ty m~aa~ement. ' .
III APPLICATIONS:
'fhis po6ry a~plia co aU City employees and to all appl~c~ats for positions aith the
Ciry. This poliry apPlies to alcohoi ~nd to all wbstanoes, dtugs or medic~rioaa, legtl or
illegal, wlsich could impiir an anployee's tbiliry to ~1y u~d safely perfocm t~e fimetions
ofthejob.
IV EMPLOYEE RESPpNSIBII.ITIES:
An empioyee must:
a. Not repoct to woric while hi~ or ab~7ity to pe:form job duva is impaired due to
~Icahol or drug use.
b. Not direcsly, or through a third pacty, teU or provide drugs ar ~lcohe! to iny
: P~4 ~S u?Y ~?P~~ ~ a~~ employ~ee or both employca arc on
~S'•
c. Submit immaiiuely to an alcohol and/er dcug tat wben reasonable wspiaoa of
~lcohol and/or drug use ccists oa tbe job aad wha~ tnquated by a raponsible Ciry
representuive.
'There are certain Ciry sponsored activitia a?hich wiU be spai$cally desigaated tl~at may
~nclude che conwmprion of alcoholic beva~ges. Eximpla of suc6 utiviria ineluded, but are
noc limited to, wine tuting classes, empleya Chri~nas putia, Convniuioner's dinnecs,
picnics in a city puk hdd during aoa-work houss, etc
. ~ ~
d. Notify his or her supervisor beforc beginning aork when taking any mediutions or
dni~s. prcscription or non-prescription. which may interfere with the ufe and
_ effectiye perforn~ance of duries inctuding opendon of City equipmrnt.
. e. Providc arithin 24 houn of roquest 6onafide verification of a current valid
prcscription for ~ay potentiatly impairing drug or medicaaon idend6ed when a
drug streen is positive.
f. Notify the Ciry of Cupertino within 5ve woridng days after being convicted of any
drua reLted offease occurting in t6e course of City business.
~ Notify the appropriue 5rst-line supavisor upon observation of aaotha Ciry
employee w6ose bduvior u~d/a physial chuactecistics ue rasonably wspicious
~ad h~nnfiil to himseltrherself ud/or othas.
V MANAGENgM RESPONSIDII.I'f~S AND GUIDELIIVES:
i Maoegas aad supe:viscrs are raponuble for undasunding tkis Po4~7' ~
applying it without biss or prejudia.
b. Maaagen ~ad wpervisocs must mil themsdvrs of u~iaing on the aaploya'a role
in haadli~ the spa:ial problema af employas who wffa from tlcohot or dtuQ
dependauy. ' .
~ c. Mtnt~as ~ad wpavisocs msy roquat that m eenployee submit to a Stnas-for-
duty e~aminatioa whea tha~e is reasonable ~spicion tlut aa employee is impaired,
snd is unable to perform the job dutia requirrd 'm a safe sad e~icieat m~na.
When doiag so, the managa oc supavisor u required to docummt, ia writing, the
5cts ~nd cirau~c~nca leadiag to the rason~ble suspidon that the employa was
impaircd aad could ~c perform safely on the job. (Note: First-line supervisors
s6ould coawlt with their wpavisors, departm~t direeton and geaeral savices
manager, ~nd a joim da:ision shaild be msde as to whether or not the anployee
should undergo a fimas for duty medital acaminatioa)
d. When thae is a reasonabte aupidon tlut the employa is impnired, the maaager o~
supervisor must utempc co detain t4u employa usuil the employee can be safdy
vu~sported from the work place. If the employa refuses to submit to the fitness-
for-dury txunination, or attempts m leave before safe transport can be found, the
m~nsger or supervisor shall rearind the employee of the requiremenu and
diseiplinary consequenca of this po6ry.
e. Managers and wpervison shaU notify thar deptrament directors or daignee, when
thae is reasonable aupicion that ~a a~loyee may t~ave illeg~l drugs in his or her
possession. ff the deputment director or daignee concurs that there is reasonable
suspicion of illegal drug possessioq the deputmau director shall notify the
appropriate Iaw eaforceasent ~gtnry
0
~ ~
f. Directors and wperviwa must use the teasonable suspicion standuds in
deterraining whecher a 6mas-for-dury exuninacion is wu~anted. ~~of
whu could !ad to a reasonable wspiaon of impairmem are; 1) siurnd speech; 2)
akohol odor oa breath; 3) uasteady walking and movemau; 4) size of pupils ~nd
• tbar rauion w li~ht; S) aa ucidwt involving City ProP~Y. 6) ~erbal altaation::
unusual behavior, 8) pouasioa of alcoboi or dcugs; aAd 9) infocsaation
obuiaed from a reliable pasoa aith personal iaowledge. The above u aot ~n
entlusi~e list, but is used for exampie onty.
VI PFiYSICAL EXAI~JATION AND DRUG SCREENING PROCEDURES:
The drua aad/or alcohot scremiag mry tat for ag+ subst~na which could impiir an
employee's ab~iry to ~ively and sak}y paform the fuaaioas of hi~/ha or usigixd job
duties, iactudiag but not limited to prescription mediutions, 6erouL cocaiae, bubidirua.
acr?Phetamines, maiijuans. and alcohoL The anmination wil! be conducted by a licaued
P6ysician ia a locai medial fuiliry. 'the d:ug tatiog wiq be ceaduaed by a lica~sed
to~cotogist ia i laboruory identi5ed u having met all legal ra~uiremmts for petSotmia~ such
tesu. 'I'he iaitial type of sa~eeaing co be paforaud can be atha a blood or urine anilyus at
the employees optioa Poritive raults must be con5rmad in accordance with feder~l
reguluions inchiding prcsa9bed tat (rvels. •
~a Frt-For-Dirtv F~txa~tiom:
1. A posiave mult from i dcug aad/or tloo6d anaiy~is may t+esuic ia disap(i~y .
~oa ~m w.~d ~a;~a ~
z. If che acu~ sa+em is pos~ve, the maptoya emut provide, wit~a 2a-t~o~us oe
request. boni8de veri5abon of a vaGd curnat praaipticm for the diug idmti5cd
in the drug saem The praa~iptioa must be in the employee's n~me.
3. If aa dcohol or drug tac is positive, the supervisor or departmeat direuor sad the
geaer~l servias managa shtll rcview t6e employee's record to m~lce t
daamination o w tbe possibiliry of rehabilitarion for tbe pwpose of ~saumng the
employee to his or ha usignmeat; or, after followiag rehabiliution, whethet to
reasaiga the employee or precede a+uh diacipiinuy actioq up to ~d inctudiag
disc2s~rge. ~ A positive test for aa illegtl drug will be considercd imp~iring w the
employa's abiliry to perform his or ~r job, sad thereforo the eorrective
proviaioas of this poGry will tpply
VII CONFIDEN'IIALITY:
Laboruory reporu or tat resulu shall aot appeu ia the aaployee's gener~l penotuul
folder. Infocrostion of this nanue will b~ contaiaed ie a sear~te con5deatial medical folder
and securely kept under the coavot of the gataal iervixs manager. Reporu of test raulu
may be disclosed to Ciry of Cupertiao mutiageauat micdy ~ a need-talaiow basis,` and to
~he cesced employa upon rcquest. Tlisclowra wit6o~L employee (puieat) consau may ~lsO
occur when
I ~ ~
I .
1. 'Ibe informadon is compelled by law or by judicial or administrative process.
2. The information is to be used in administering end employee benefit plan.
3. The informadon is needed by medical personnel for the diagnosis or tnatmcnt of
the patient who is unable to suthoriu disclosure. •
VIII. APPEAL PROCESS:
_
Fit-Fer-Lhrty .x mineN s:
Employees whou usts results are positive, end who are consequently facing disciplinary
action may: .
1. Submit a writien explanadon, accompanied by any documentation's justifying the
substance. Prescripdons currec?dy in use must be submitted withia~ 24 houts, but the
wntten explaaation accompaniad by the pnescription and a written recommendation
submitted by a doctor or rehabilitation counselor may be submiaed within 48 houcs
`of the test results. The doctor conducting conducting the fit-for-duty examination will
' teview the explanadon and document and make a recommendation to the general
services manager who will forward this recommendation to the Ciry Manager whose
decision will be final.
2. Request a meeting with applicablc union cspresentative, department dicator and the
general services manager to discuss the possibilities of rehabilitation for the purpose
of retaining employment with the City of Cupertino. Each case will be handled oa an
individual basis. However, the principle of offering rehabilitation as a Srst rrsoct and
disciplinary action as a last resort wilI govem.
3: ' Employas maqrequest a rc-test, &om the sample, by the faciliry with which the City
of Cupertino has contracted, at his or her own eacpense. If the re-test resulu
contravtine the first test resulu, the Ciry will reimb~use the employee the cost of the
' rc-test: .
4: The City of Cupertino maintains the right to request that a third test be conducted
-'`'°using the same sample in instances where the results of the second test conttavrne the
raults of the fitst. Raults of the third test will combine with those of the first two to
fotm the deciding factor.
IX. SUMMARY
The City will conduct drug and alcohol awarentss ptograms, presented by tFte Human
Resources Division. These programs will include pievention end detection methods, with
cmphasis on maintaining a drug free work place. Additionally, printed material will be given to
ail employxs explaining the dangers-of alcohoi end drug ab~se:' All employecs vv311 be`given a
,
copy of this policy. _
10
4 ~ _ . ....k . , 't. , ~ , _ . . I'~~ . ~ ,Lf ' ~ ' . . . . . . .
• . ,
Section 5.3 Sexunl I-Iarassmrnt Policv
1. policv Sutemenr
The Ciry of Cupertino opposes all fomu of sexuai harassment oa the job aad In the work
site. including acts of employee~ and non-employees. The City is commitud to providittQ'a work
environmmt in which employees are treated with respxt and dignity and which'is &ee from
discrunination. Sexual harassment, or haramnent for any reawn by another employa or
supervisor, wiU not be tolerated and is subject to disciptinary action up to and including
dischuge. All IeveLs of eity governmeat share in the responsibility of ensuring a working
' environment fm of sexiul harassmeat
i
II. ~2efw'ition:
Sexuat harassmeat shall be de6aed a~ imwelcome sexual advaaces, taluests for sexual
favors aad other verbsl or physical conduct of s sexual nstiae whea such conduct is made
explicidy or impGcitly s•tam or condition of employmeat, is used as a bbtis for empioymeat
decisioas, or has the p~upose or effect of unreasonably inurfecing with an individuai's work
performance or creatiag aa iaumidating, hostile, or offensive wotlcia~ environment,
III. EsamolCS: . .
1. Writtea: suggestive or obscene lettecs; nota; invitations. ,
_ 2. Verbal: dem~atory commenu; slurs; jokes
3. Pbpsical: ass~il~ touching; impeding or blocldng movementt; or any physica~ .
iuterfettace with mrmal work. .
4. Visual: leaing; spcunlly-orienud gestturs; ot display ef uxually sug~tive pc `
derogatory objects. Picruies. cartoons~ or posurs.
5. Othe:s: threat or insinuation that leck of sexual favocs wiU ~+esuit in tepcisal;' :
withholding support.
1V. C,nl ina
t,_
pr~cedv*.;
Employees who are the victim of, or wimess to, any form of discrimination or sacual
harassment violatioa may submit a complaint Supervisory persoanel have a dury to report
violations that come to their anenrion and to take approprisu action. Confidenrialiry is stressed
becaase of the seasitive natune of the complaint.
1. The batis is the complaint's perception that the behavior, ptactice or action is
discriminatory or offensive and constinrtu peohibiud discriaunation or harassment
Examination of the nanue and circuu~stanees of each complaint wiU detecmiae
whetha the alleged acu or practices constitute discrimination or sexual haraument.
2. Complaincs may be submined in writin~ or Qiven vetbally.
3. Complaints may include a suggested method of resolution and cocmdve action.
4. The employee has the c6oice of submitting the compleint to his/her supervisor,
depaitment head or the personnel o~ca.
11
~ ~
5. Upon receipt of the complaint, the Human Resources Manager wiA investigate the charges
including contacting the person who allegedly engaged in the sexual 6arassment,
informing hun or her of the basis of the complaint and providing an opportunity to
n~Aa.
6. Upon completion of the investigation, the Humsa Resources maaega, ia consultation
with the deparm~ent head, will determine what, if any, disciplinary action will be taken.
Hoth parties wilt be notified of the action to be taken.
7. If it is determined thc sexual hara~sment occurred, approPriaie disciplinazy action up
to and including dismissal will be takea The severity of the discipline wiU be deter-
mined by the scverity and/or frequency of the offense.
8. Disciplinary action taken under this procedure may be appealed with or without
representation subject to appeal or grievance procedures indicated in applicable agm-
menu or merit rules. ,
i
V. ~~nsibilities: _
1. The Ciry Maaager is responsible for eaforceateat of the city policy against
harassment
2. The Humaa Resources Manager is responsible for ecuuring that all complaints of
hazassment are invesdgaud thoroughly and prompily, including presentadon of
recommendations for any necessary action to the city cnanaga.
3. Every department head is responsible for infornung all employas, including auper-
visors, of the city policy against harassment aad for taking the steps naxssary to eet
a posiGve example in the prcvention of harassmrnt
4. Every supervisor of every City employee is responsible for taking immediate and
appropriatt corrcctive action upon the observation of aay incident of t~arassment ot
upon receipt of an oral or wrinen report of any occurrence of harassmen~
5. Every Clry employee is responsible for reporting any act of harassment to the
immediate supervisor or depaztment head or Human Resources Manager.
VI. Penalties
1. Violation of this policy shall generally constitute just and reasonable cause for _
discipline, up to and including tcrtnination.
2. In addition. the couns have found indi~~iduals personally liable when they engag~ in
or take no action to prevent sexuai harassmen~
PURp~cE _
,.a
The purpose of this policy is:
• to prohibit and eliminate any discriminadon in employment against a qualified
individual with a disabilit}
;
• to define what constitutes "disability";
• to define who is a"qualified individnal with a disability"; `
12
• ! ~
• co denne discnminacion on the buis of disa6iliry; and
• to establish a procedure for invesciguing and resolving incernal disabiGty
discrimirudon complaints..
pOLiCY
DiscriminaUOn on the basis of disabiL'~~au'nst aa ~ppGeant or an~emptoyee who is a
qwli5ed ind~vidual with a dis~bility~ bY a ai c, mac~g~ ~p~oyee. or cawocicer is
~ noc condoaed ~nd wili noc be colerued 'rhis poliry applies co tl~e job applicuioa proce~ ~nd
to ~Il cerau and conditioc~s of aapioymeat includio~. biu aot limited to. hiring, P?sament.
. promoaon, disciPlin+1Y actio0. ~Y~ ~a'. lava of a6seace, compenucion and
training.
All complaiius of discrisninarioa on the basis of di~ability will be procnptly u~d
objectivety invatigated.
Disciplinary aaioa up to and inchadit~ tamioatian w~7t be ias~nited for behavior
described in the de5aitioc of disaimiaation on the basi~ of distbQiry sec forth bdow.
AnY raaliacion a~aie~st a penon S~ Slina a di~ccimiaatioa c6u~e or mslao~ a
disaiminadon cotaptaint u pt+phbited. ;
DEFINRIONS . ~
, _ :
A ~
~
,•Disabilit}~' is: (1) s Physica! or mental im~eicmeat~tl~t s~tbseanmUy limiu one or awro
rtujor Gfe utiviry; ot (2) 6aving s record of wc6 an imp~itme~; ae (3) beia6 regarded is
t~ving such a~ impaittnatt.
1. Phvsi~al or Mmti Imo ~rmrn ~
Physical ot meaul impairmrnu iactud~ but ~r+ie aot fimited to: visioq speech u~d
heuing impairments; emotiooal distuttiaace ~ad meatal illness; seizure disordas;
meatai recaniadoa onhopcdic ~ad neuromotor disabilitia: le~ning disabitiries:
di~beta; heut disease; navous conditions: anca'. asthcn~ Hepatitis B; I~IIV
iafa:tioa and drug additioa if the addia hta wccessfully completed or is
P+~aP+~B ia a retubilitatiaa pcc~am ~rd no lcn~er uxs illegil dtug~.
The foUowing coadirions ue not phytica! or mmul impi'vmenu: transvestitism:
illegal diug use: homosncu~lity aad bisaaulity. compulsive gambting, ~leptomania:
PYro~+; P~oPhilia; aciu~itiouism; and vayairism; PnB~~Y: ~BM, ~'pBht:
eye color, hair colo~, leR-hindednas; povezty, lack of educatioa; a pcison record;
and poor judgmeat or quick temper if not :ymptoms of a mental or pbysiotogica!
disorda.
~ ~
2. S~bstantial Limitation of Maior Life Activitie~
,
An individwl is disabled if he or she has t physical or mental impairment that (a)
renders him or her unable to perform a major Gfe utiviry, or that (b),wbstantially
limiu the coaditioa, manner or duradon under which he or she can perform a
particular major life activicy ia compuison to other people.
, Myor life utivitia are functiom sueh as cuing for onael~ performing msnua!
t~slts. W'allaa8. aP~B. b~~& leuning and working.
In determi~iag whether physicsl or mental imp~irmart a~bstantially limits thc
coaditioq m~a~r or durttion unda which an individual can perform = partic~(~
major life accivity in compuiwn to otha people, the following factors stui! be
considered:
a) the nanue u?d sevairy of the impairmea~
b) tha tfuratioa or apectcd duruion of tl~e impaitmeot; tnd
c) tbe pam~aent or long-term impaa (or expecced ia?Psct) of or resultiag
frum the impairmmt.
. Ia determinia~ whet6a i physica! or meata! ~mmt substaatially Cmuts aa
individwl with r+apat co t~ aujor life activiry of'~voridag," the followina 5uors
shoiild be coardaed:
t) the geognphical ura to which the individual tus reasonabie aceqs;
b) the job fiom which the iadividw! 6as beaa disquali5ed becwse of an
i~t ~nd the number and types of jobs within that geographical area
, utilitiag ~imilrr trYiaing, la~owledge, slo7ls or abilitia from which the
iadividual is tiso disquali5ed because of the impairment; and/or
c) the number and types of other jobs within that geognphical trea not
~wi~aB similar Vainin& frnowl~d8e, slalls or abilida (to the job from
which disquali6ed) from which the individual is also disqualiSed because of
the impairment (broad range of
jobs in various classes).
3. Hsvine a Record of Imaairment
, Aa individu~! is disabled if he or she have a history of having an impaiiment that
subsac?ti~lly Wmu the performeaa of t a~ajor Iffe utivity, or has been diagnosed,
cornctly or inconectly, as having such an impairmeat.
4. Beaarded ss Having t Disabilitv
An individual is disabled if he or she u vated or perceived as having an
impairtnent thst substantially limiu major life activirits, although ao such
impairment exists.
,
~ ~
B. Oualified Individual with a Disabilirv
A~qwii5ed individwi with a disability" is a pvson who (1) sstisfia the job related
requinmetus for the posirioa, and (2) aa Pecform the "esseatial functions" of the posuion
despite their dissbiliry. or who (3) with "reason~bk accomnwduion" can perforsa the
essenri~l funcdons of the po:itioa :
1. Satis~ed lob-Releted Req~ircments
~I 'Iha 5rst step is to determine whalxx the distbled 'mdividual satls8ed the job-
r~elated requiremeats of the positioa Satisf~ria~ the job.rdated cequire~ts of the
position meaas tlut the disablcd iadividual postaea the aPProPnat~ aiucationai
back~round, aaploymeat e~ce+ shll~ ~nd liceme rcquited for the position.
2 Ei~
The second step is to detamine whetha tbe individwl caa pafotm the essmti~l
fi~a~ons of the position despite tbeir diub~7ity. Essenti~l functions tce tLe
fiu~darneaal dutia of i posirioa Muginal ~ petiphaal Rmcaon= of a po~ition are
not es~eotial fua~tions.
_ A Bmaion mry be dsmti~! bxa~e:
s) t~e rs~son the positioo e~ is to p~r5o~m tbat 6mcbo4
b) of tbe limited cumber of employees sva~7sble amoa~ wbom the
pafotmmce of thu job fuaction aa be d~tnbttud; ana
c) it is highly specialized and requiros specific acpettise or sla'll to perform
The followtng fictocs t,hill be coasiderod ia deta~miain~ whether a function is aseatiil: the
agenry's judgment ss to which functions ~re esseatiwl; writtea job dacripriocsx the amouat of
time speat on the job performing the fiusctioq the consequeaas af not requiriag the
performance of the ~oq the cerms of a coUective bargaming agreemrnt or MOU; ~ad the
work experience of pau aad praeat iacumbentt ia the positioa.
3. ~
If the individual caanot perform the aseati~! fuactions despita their dis~bitity, the
third step is to determine whtther eeasoaable ac~mmoduion would ea~ble the
individml to perfocm the esseatitl fuaetioas of t~e positioa
Accommodation is ~ny change in the work eaviroammt or ia the wty thiags ue
cuscomarily done chu eaabla a dis~blad iadividw! to a~joy aqiW employmenc
opportuniria. Accommoduion means modi5ations or adjustmaus:
~ ~ .
a) to a job application process to enable an individual with s disability ~o be
considered for the posiaon; _
, b) to, the work environmeat in which a position is performed so thac a diubled
' Petson can pafocm the esseatial functions of the posiaon:'u+d
I c) that enable disabled individuals to enjoy eqwl bene$ts and privileges of
employment as other similuiy situued employees withouc disabiGtia enjoy.
Accommodadoa iacludes malong e~asting facilitia aad equipmeac used by employees
c~e~dily acees~ble to ~nd usable by iadividual: wit~ dissbilitia.
Accommodation sppGes ta:
all aaploymau deasions aad to'the job applicttion process;
• all savica and progra:as provided ia connatioa with empfoymau:
•~o-worlc fuilitia provided by ttu aQeary to ~ll employas: ~nd
_ • . kaown disabiliriw only.
: Acconuzwdation is not requirid if. .
~ it eliminata asenti~l fimctions of a position from the disabled individual's
- 1~: ~
• adjustmasu or modi6cuioas t~equated sro primar~y fo~ the beaefit of the
dis~bled individu~l. _
4. Undue ILndshio ~
A6ency' wn71 not provide an accommodition thu im~osa sa '1u~ue hudship" on
the oparation of t6e agency's bu:inas: Undue hudship'means sigoificaaf difficulry
or acpense inaured i~ the provision of aceoa~6on. Undue hardstnp iticludes
but is not limited to finincW diffiwity. Undue hardship refas to any
accommodstion thu would be uMuly costly, extmsive, substantia! or dinuptive,
or tlut would fundamencally alta the nature or operstion of the busina3.
Whetha a puticulu accammoduion will impose aa undue hardship is determined
on a cise-by-case basis. The foilowing ficton will be cocuidered ia daennining
whetber aa ucommodation woiild create u? tmdue hardship: the auurc ~nd cost
of the ascommodition; the 8aaarial tesourcp of the ageary; the mimber of
employees; and the type of operat~ons of the agenry, including the composicion
and funccions of its worl~'orce.
5. Deternvnin~ the ~propriue Aceomn_±odarion
If a qualiSed individual with a disibiliry requests the provision of s reasonable
accommodatioc~ the agmry shall eagage in ~a informal, interactive procas with
the disabled person which ideati5a the praise limitations ceuilting from che
disabiliry and the potential ucommoduions thu could overcome those limitations.
iF
~ ~ ! •
The accommodation process shall genera0y involve Sve steps. First, the agency
~ :hall analyze the particular job at issue and detertnine its purpose and essential
functions. Second, the agency shat! coasutt with the disabled individual to
ascertain the preau job-related lunitatioas imposed by the individual's disabiliry.
Third, the agency shall consult with the disabled individual to identify potential
iCCOmmOdatiOns. FOUrth, the agency shall assess the effectivenas of each
potentiel accommodation with regard to enabling the ind'rvidual to ptdortn the
essential functiocu of the position. F'uially, the agency shali consider the preference
of the individual ro be accommodated u~d aelect and impiement the
accammoduioa that is most appropriate for both the employee and the egency.
C. Di~rimiti
±~r+~+n on tl±s Basia of Disabilitv
Diaai~nmoa on ttie basii of diaability meaas:
• to limit, segregate, or classify a job applicaat or employa in a wty thu
may advendy ~ffect oppoctunitia or staws becauu of the appliceat's or
, . - e employee's disability; ~ ~
• to putiapue in a contract which could subject ao applicaat or anployee
• with s disability to discrimia~tioa;
• to uae ~ny atandards, aiteria or method of ~dmiaiatration which could have
the effea of dis«iminiting on the b~sis of disability;
r„ - • W deny eqwl jobs or bme6ts bec~ue of s diub~7ity,
s' W fa~ to m~ke reasonabk accomcnoduione to luwwa phypcal or mentat
,w. . litaituions of en othervvise queliSai individual ualess it cxn be ahown that
tho aaommodation would impose an undue hudship; ,
• to use a selection criteria which acdude a disabled person unlas the
, . c~iteria is job-related and consistent with buain~ necessity~, and
• to fail to use anployment tests in a manaer that ensures that the tat rawlts
accurately reflect the applicant's or employee's skills or aptitude for a
particular job.
COMPLAINT
1. A job applicant or employee who believes he or she has been discriminated against on the
basis of disability may make a written complaint as soon as possible after the inadent to:
(a) complainant's immediate supervisor, (b) complainant's department head;,-or (c) the
General Savica Managa, who has been designated to coordinate agenry's efforts to
comply witb federal and state laws conceming empioymau discrimination on the basis of
disability.
In order to fadGtate the investigatioq the complain~nt is encouraged to submit the
complaint within 30 days of the alleged inadmt(a). Whae ressonsble ciraunstances ,
, prevent the filing of the comptaint within this time paiod, complaints recdved iRer this
~ time period may be accepted.
I
1?
~ , .
2. 7he compleint shall include:
dacciptioa of the offeadio~ bchavior(s) a~r violations;
• date(s~ ~me(:) and location(s) of incideat(s):
. name(a) of allegod offeader(a): . ;t
• name(s) of wimesses, if any~ aad
• remedy dauod. ,
3. Ca~plaiaaat's immediate tupavisor or depa~ 6ad shall rtfa all complaiats reaived to
the Humaa Resoiaoa ManaQer.
4. Upon teceipt of s camplaint~ the persanael officc sh~ll iaveati~ate all chat~es. T6e imiesti-
gacioa sLall include intaviews with: (a) the eomFlaia~ (b) the Pecsoa(a) all~Bed1Y ~B~
in diacriminstion. aad (c) any other pason believed to 6ave relevaot Imowledge oon~aia8
the campleiat
5. Upam aompleetiom of the ~gatioa. tbe pe~l affica s6all review the informetioa
gathaod th~ough the inveatigatioa to detetmine whetha tbe alleged conduct coastitutes dis-
criminstioa, giving considaation to all facd~al infotmation, the totnlity of the ciicu~,
iacluding the net~a~e of We alleged discriminuary oonduct aad the cantext in which the
alle~d incideab occt~d.
6. The H~an R~ M~asger shell thea pnpa~e s wrimn repoct xtting forth the rault of
tbe iavati~ aod tbe detetmination as to w~etba ~an occiar~d. 'I]re rantb of
the iavesti~ttion shell be canveyed to appcvpriaoe pasons inelud'mg to the comPlsiatat. tbe
P~~n~s) ~~Y ~W6~ in discrimination, the wpervisor, md the depnrtment head.
7. If it is determined t6at discrimination occu:red. swiR ead appropriate disciplinar action wiU
be commensurau with the scveriry and/or 5squency of the offease.
8. Reasonable steps sball be taken to protect the victim and otherpountial victims from furtha
discrimination.
9. Reasonable steps shall be taken to protect the vicoim from rctatiation as a rcsult of cummtmi-
cating lhe complaint
Section 5.5 Familv Ir~ve Polic~
Effective Aug~ut 5, 1993 the Family I.ave Aet became tffxtive and pertaias to all loca!
governmenu and other employers with more then SO emgloyea.
Family and Medical Leave (FMLA leave) ptovides employees with the right to take
family care and medieal leave for up to 12 woric waJa d~n~iog aay 12 month period if he/sl~: 1)
has b~cn employed for at least 12 months; aad 2) hes woifoed u least 1250 hours diuing the last
12 months. 'Ibe Ciry requites an employee to ux a~d aick leav~ afiich becomes part of the
Icave rntidement.
18
• ~ ~
FMLA leave c~aa be ukrn b~cause of: 1) Tbe birth of a cbild of aa employx. 2) The
plaoemeat of a chiW witb ~m employa ia canooetioa with the adop6on of a ehild by aa
employa. 3) T6e ~aiou~ illo~ of a child of an em~loyeo or to care for a parcat or a~pouse
w~a bas a mious dalth ~tion: or 4) a ~aioos balth coaditIon t6at makes the employee
imable to petEorm the fmutio~ of t6eir posidon.
Diain~ any FM4A leave t~ City m~t mai~ia tl~e employee'~ coverage under any
BrouP h~ltt? PLa on tve seme c~ditions aa cove:age would hsve bxa provided if the cmploya
had beea continuously em~lcYed du:inS tbe mtus leave pe:iiod. Other benefits c~an be
maintaincd at the employee's ~ost If an employee Sils to radtm 5rm lave, the employer has a
right to reimb~usemeat for the gronp health casts during the time of the leave. 'Ihere ue two
excep6ons to the paeooding: 1) The employa is too ill to retiaa; or. 2) Tbe aaployer u"key"
aad the employer believes "atievaut aonomic injury wiU rault if thai employee is reinstatod.
An employa ~hoaild pr~~vide as much advaoce notice a~ po~ible of t6e dax of the
F~ily Medical Leave bang iequated end aa estimated dutstion.
, The employa sh~ll mpond to t6e leave nequat as soon as potsi'ble. W6~ ~tiag
FMLA leave, the employer shall provide the empioyee with the following notia: 1) That the
leave will be counted as FMLA leave; 2) AnY re9uir~ for t~ employee to provide medical
artification; 3) ~e employee'a nxd to use paid lave wbere ~pplicable; 4) my tequi~ of
the employee to m~lce payar~ to maintain bme8ts aod the nrsngemeats for meldn~ such
PeYm~~~ S) ~AY ~4~g P~~ a fimas-fotLduty catificate to be `
restortd to aoPlo3'mea~ ~ the employce's ~ as `7cey" • employee aad the potential -
consequeaces ttwt ratosatioc may be denied: 'n 'T6e emPloyee's r3ght to restoratioa to the aame
or an equivaleat position upon mum 5om Inve; aad 8) the emplcryx•s petential ltabitity for
paymcnt of health ianaance premiums paid by the employer duriag the employa's unpnid leave
if the employee fails to retum to work after taking leave.
•"key" employa is an employee who is among the highest paid ten percrnt of all the City of
Cupcrtino employoes.
D[SCIPLINARY ACI70NS
Section 6.0 W~mine No i c
At the discrstion of the Department Head having aupervisery control warning notica in
K~iting may be prepared end served on an anploya for minor iafractions of regulations or for
unacceptable conduct A copy of each such waming notia so served will be forwarded to the
Human Resourca Mmager who wiA rctain it with otha paso~! records of the offeading
cmployee. Such records may be used to sub~atiete an~bxqueat, more serioLLS disciptinary
acc~ons. The misconduct of an offeading employa shell be reviewed for indication of
~mprovement or correction. Such information will be tetained with other personnel records for a
i pcnod of three years only.
I
,
19
i
1
~ ~
Section 6.l S~enz
A Depamnent Head bavia8 a~visory ~atrol may wspead an employx witbout PaY
for t~us or rrpated infiacaom of regulati~s. 3uch ~aas may aot acceod thirry (30)
daya ia ~ny tw~elve (12) ma~h peciod ~ the ri~ht of thc employee to Sle m appal with du
pppointing AuthocitY fot s hearing on the matta. (Soe Section 63 Whe Mev
A^~l,l
Notbio~ ~d haeia sl~alt p~cec~lude t6e ri~ht of the Depnvnent Head ta r~quine aa
employx to caue work immediately and leave tbe worlc peemi~a without psy when s~uh ~cdon
by the Dep~nt Had is in the iataest of safeguasdia$ the beatth. aafety and w~elLre of du
~ City, its employees, cidzena ~od their piope~tics.
i
Sxtion 62 I2ismi~l
An employee may be dismissed by a w{~viao~ Depam~ent Head foT suba~dated
causc whm it is damed to be in the best i~t of the City. Upon vabal or written no~ce of
dismissal an employx sl~all be required to 1e~vc tbe vwdc p~s whh lc~s of W righn aad
privileges of employment Aa employx bold'mg catified ~s may appea! the dimooiml to tbe
Appointing Aut6ority with three (3) worlanQ days frnm date of notia of di~issal. ff no appeal
is initiaud withia the spxifiod period. the dismis~ed ea~ployee stnU be di~ed itom
employment
Section 63 I?]ssh~
An employee sball be discharged fra~ employmtat wuh t6e City afta di~mi.~sal withont
appeal or aRer dmial of m appeal bi' ~ APP~ ~Y• ~~8~
shall lose all pay, ri~ and privilega of employmm2 with the CIry on the effe~tive d~e of
notice of dismissal. A writtea staummt of tbe cau~a of diachuge ead dismissal s6at1 be
przpa:ed for the anploya's persocnel nootds aod a capy Qivea to the affectcd employee.
Section 6.4 j~,p,~g
in each and every iastana involving the issua~e of waming notices, suspeasioa~; or !he
dismissal or discharge of an employee subject to tbe mait aad fitness provisions of Sxtion
2.52.040 of the Municipal Code, such will not be effecn~ated without the employee first having
been given in writiag the basis for such actioa being taken and the opportunity w qtsestion tbe
reasons thcrefore of his supervisor or Dcpartmrnt Head. Said opportuniry shall be as soon as it is
practical after having been served the writtrn notice md s6a11 aot constimu any limitation
othenvise available through the grievance or appeal or ptocxdute.
APPEALS AND HEARINGS
Section 7.0 Form of Aeneal .
AI1 appeals to the Appointing Authoiiry ah~ll be ia writing and shsll bt signed by the
cmployee.
5ection 7.1 Fytin_e o.~~~
The fiting of aa appeal to the Appoiating Atrthoriry ahall be eccomplishod by tlse
submission of the signed writtea docummt to tbe Humsa Resotaces Managet who shall be
responsible for the iuuana of proper noti5cations.
20
~ ~
Sxtion 7.2 $C~ffitiflD
An aaployx submittin~ an appeal w the AppoiaticQ Audha~itY maY be repre~ted bY a
persoa of his cboosia~ or mry ela:c to repacxat bimset~ P~'ovided, 6oaover. t6u w~ea an
employa is to be r~~esented by anottur pa~on t6e neme of that pernon shall bc ma~ lmown w
the Appointin8 Authorit3' at le~ thr~e dsys pioz to thc rcbeduled haring. Sub~on of
i repas~tatioa msy only be as Pamitt~d bi` tl~ APP~ ~tY•
Section 7.3 e ev At„+ral
My employee tubjoct to the mait +md fitaas ptovisioas of Section 2.52040 of We
M~micipaJ Code may file aa appeal with du Ap~pa~tia~ A~haairy u tbe 5m1 step of t~
grievan~x procedune. for ~~as exoeedins thirtY (3~) dsys in ~y tarelve (12) ~ Peried.
or after noticc of dismissai. Appeals from dimmissal may be fikd a~n1Y bY ~oY~ ~~Y
holding certified st~u at th~e time of dismissal.
SeCtion 7.4 H•ri ¦
on~ pm ~It
If deemai neas~ary. harinBs msy be vaid an appealt by tbe ~?PPoi~ai ~?a~ositY:" The
conduct of such I~iags aball be as detamined neoeswY bY ~ APPo~~ ~7 ~e best
evaluate each appeal ~ ita maits.
GRIEVANCE PROCEDURE ~
Section 8.0 ~II~~t~'C :
Definiaon aad Procxd~ae. A grievaaca ia a Qood 5ehh dispute or diffaencx of opinion
raised bY aa employa again~ ffie City involviag tlu mania~, ~on or applicxtioa of tbe
express provisio~ of aa applicable Memorandum of Undasnoding or the Ru1es on Cond{bo~
of Employmrnt or e~dadn~ woric rules. A grievaace ahill be p~oxated in the followiaa msana;
31c,~..1,: My employee who has a grievance sha(1 submit it daignated ss a grievana to
the employa's immedi~te aupervisor, who is dai~aud for this purpou by the Ciry. The
supervisor shall give t6e anpioyee an ordl answer within five (S) calendar days after such
prescntation.
StcQ2: If the grievance is not senled in step 1 aad tLe employee wishes to advance the
gnevance to Step 2 of the grievance procedure, it shall be rafened in writing to the empioyee's
next highest supervisor within five (5) calendar days aRer the supervisoi s oral answer, or aaswer
due in Scep l, aad s6all be signed by the aggtieved employa and the employct's designated
representative/Unioa Business Agent. The written arievancx shalt} contait~ a complete statetarnt
of the facts, the provision of the Memorandum of Undasstanding ot work rula whieh t6e City is
alleged to have violated and the rclief req~sted. The supa~visor oc other pe:son desi~ated for
~h~s purpox shall discuss ttx grievance witltia Sve eeleadar days with the employa aad the
employee's designated repiesentative at a time mutuaily e~rxabte to the parties. If no seWemeat
is rcached, the supervisor or otha person desi~ fot this p~pose shall prohde the tmployee
a K~ntten answer within five (5) calendar days following their mecting.
21
_ _
~ ~
StT~
3: If the grievance is not settled in Step 2 and t he employec wishes to appeal the
grievance to S:ep 3 of the grievince procedure, it shell be refe~red 'w writing to che
employee': Depanm~nc Hesd within fnro (S) caleadu days aRer che snpervisor's aruwer in
Sup 2 and sh~ll be signed by both tlu aggrieved employee and the employet's daigaated
repraeatative. The Deparaneeu He~d stW! discuss the gievance within five (5) calendu days
wich the emptoyee and the anploya's dssignated rtpresentuive u a time mutually agreeable
to the parties. If no settianent is rcuhed, the Depa:tmeat Head shal! give the City's written
answer to the anployee within five (5) alendu days following their macing. St~ 4: If
the ~rievtnee is eiot uttlad 'm Sup 3 aad tbe emplcryee wi:fxs to appal the grievance to Step
5 of the grievaoce procedure, the employee's dai~aasted represauative may rcfer the
griav~ace to advisory mediuion as daas'bed bdow within 14 alead~r days ~fter ihe decision
is provided at tbe third atep.
(1) The partia s6all utempt to ~gm upoa aa advisory ubitntor within sevpt (7)
calendu daya iRa receipt of the aodce of refar~l. In the avmt thu ps~ties ue umb{e to
agree upon sc advisory a~itratot withia said savm ('n daY Peried. the p~tiq shill
~~Y J~~Y *~4~ the Stue Mediuion aad Coadiiation Savia to submu a pmd of
5ve (5) advisory arbinators. Each pury retain,s t}~e ti~ht to rtject one pand in its msiroty tt~d
requat that s aew pand be submitted. Both the emPloyee'i des~Oated rePrp~ve ~ad the ~
Ciry shall hsve tbe right to suilce two (2) names from the pmd. The parey roqu~ai~
advisory ubiuuioa shill strike the fir:t taro nimes: the ot~er pacty shall tbm st~ce .two
nama. 'I'he petson r~iniog shall be tha advitory arbitrat~.
(2) T6e advisory arbitrator shatl be notifiad of his/het ~oa ~od smll be ~equested
to set a time aad plue for the heuia~, subjat to tbe avaiLb~7ity of the employee's daig~ted
rcpresenutive ~ad the City+ rcpmmurive.
(3) The Ciry or the ea~loya's daignued repramtuive have tha right to r~ the
arbiuacor so ctiquire the preseace of wimwes o~ doaimeots. T6e Ciry aad tbe aapM~ya's
designased rcpreseautive retain the right to employ leg~] counsel.
(4) The advisory artiicrator shall submit his/ha recommendauon in writing within
thirty (30) days following the close of the hearing ot the wbmiuion of bciefs by the pu~[ies.
whichever is later.
(S) More thin one grievance may be submitted to the same advisory ubiuator if both
Parties mutually ~gree ia writing.
(6) The fe~ ~ad e~easa of the advisory ~rbitruor aad the eost of a written
transcript shall be divided equally betweea the City tod the cmployee's designated
represenutive: provided, howeves, thtt each party sh~:l be taponsi'ble for co~su~g iu
own rcpresentatives and witnesses.
! i
I,imitaticma ee Auth°ritv o~d~p~try Arbiha[or. The advispry grbitralqr she116avt IIo
right to aaaend, modify, i~orr, edd w, or auboract fram the grovisions of the Memoraadum of
Understanding. The advisory arbiustor sbaU cansida and duide oaly the questiox? of bct as w
; whethet thae has bxn a violation, misinterpnea~rion, or misapplicatioa of the specific pmvisions
of ihis Agroement. The advisory aci~itratot ahall be empowrsrd to dctamine the isaus taised by
' the grievaaa as submiaed in writin$ at the Second Sttp. The advisory arbitrator ahall have no
airthoriry to make a rxommmdatioa on aay issue ~t so submiaed or raised. The advisory
arbinator shnll be withaut powa to make recommeadations coauaty to or inconsistent with. in
any way. a~plicable laws or rulea ead regulntions of adminisuarive bodia that have the fora and
effcct of the lew. The advisory arbiuator stall ~t ia aay wry limit or interfere with the pow+aa.
dtuia and rtspoasibilities of the City uada law md agpiicable court deci.sions, The
recommendation shall be advisory only to the Appointiag Auihoriry. 'Ihe Appointiag Autboriry
vvill make the fiael decisioa
ATTENDANCE AND LEAVES OF ABSENCE
Soction 9.0 Heurs of Work
Tbe normal warlc wxk sLau be Moana.y tmrongh Friasy. The noem~l wvdc c4y tt~.ti be
frnm 8:00 a.m. to 5:00 p.m. accept for Friday, ahieh ia 930 s.m. to 430 p.m, with oae (1) haa
off for lunch
A vatiance to the normal work wak or wo~c dry may be eshbli~hed by the Dtpa1~
Head with the writtea appcoval of the Appointing Atrt6ority whea such ia deemed by the
Appoiatiag Aut~arity to be n the best inurat of du City. My wch vuiancx shaU idmtify t6e
posiaons to which it spplia ana s6au be filed with t~ xa~aa Rmaasa Mmaget. ~tbe no~al
work weelc s6all be 401wias in seven days.
Section 9.1 $p~py,s
The following mmed holidays shall be coasidered as aon-work days:
a) New Year's Day
b) Mattin Luther King Day
c) Wbshipgtoa's Birthday , r.
d) Memorial Day ,;}i= ,
e) Indeprndrnce Day _ , t:; ,
n Labor Day sc. s
g) Vete:an's Day ~
h) 'I1~enksgiving Day
i) Friday Foliowing ThanksgivinB ~Y , ~~a~
j Christrnas Eve (12 shiR) , . , . . , ,
k. Chrisanas Day , ,
1. New Year's Eve (lt2 shift)
Scction 9.1.2
In addition to the foregoing paid holidays, eli~k employas shs11 y~ ailov~r~ ~
schedule 20 hours as edditional holiday leave ~t to be tslcw ia inessmeatc of las than one (1)
hour. This floating holiday leave shall be takm at dues of tbe employee's selection, pnavided
23
~ ~
that 1) prior supervisory approvai be ob[aincd, and 2) beforc the end of the 2ad pay period in
December of each calrndar year. For new emptoyees, floaang hotlday leave will be proraced in
the calendar year in which they were hircd in the following manner:
a) Employees hired after Jaauary i but on or before March 31 shali be enaded to 20
bours floating holidsy leave in that calendar yesr.
b) Employea hued on or after April 1 but on or beforc September 30 shall be
entitled to 10 hours of floating holiday leave in that calrndar year.
c) Empioyea hired on or after October 1 but before December 31 will not be
earided to floating hoGday leave ia tl~at caleadar year. .
~ _
5ectioa 9.1.3
When a holiday or a non-work day falls on a Satiuday the pteceding Fridey'shell be
observed as the non-worlc day aad when a holiday falls on a Sunday the following Monday sha!!
be observed as the aon-work day.
Secuon 9.1.4
Nothing contsine~ hereia shai! pmlude tlu right of the Departmeat Head ' with the
approval of the Appoiating Authority to reschtdule wor{c assignmeats ot hoius of wotk to maf ~
emergency situations and other administrative necessities caused by the observance of a lsoliday
or aon-work day or peciod; provided, howevet. that all such affected amployees are duly
compenseted for seid teachaduled work as~i~n.
Section 9.1.5
Employas wl~se normal work day is at varieace with tht normat'work hours speclfied .
in Sectioa 9.0 of these rules may be com}xnsaud for the diffenntial shit! houts their duties
require. The Appointing Authoriry may establish suitable adminisuative policies and guidelina
for this compensarion. ~
Section 9.1.6 Holidav Pav
In orda for an employee to rcceive his/ha rcg~ilar pay for e holidsy or designated non-
work day, work must be performcd on the regular scheduled day before ar?d ttie regular
scheduled day after the holiday or designated non-work day. Employres on vacation, injury
leavc, approved short term leave of absence, with or without pay, or who subtnit satisfactory
n•idencc of personal illness shall be considercd as working their regular schedule for pay
purposes.
Section 9.2 y$CBtipa.5
All employees, other than those holding temporary status, whox work bssignment is of a
recurring nanue of not less than a nonnal work week shaU accrue vacation crediu. ~
Accrued vacation may be tslcea with tbe paior appmval of the Departmeat Heed.
~'acaaon loave must be taken ia no less t6aa one (t) ho~s increments.
24
~ ~
During ~he firn three years of employmrnt, aa anployee shall earn vuuion credic on
che basis of 5/6 wo~k day~ or tha hourly equiv~lent~ for euh complae month of continuing
savica. .
Dwin~ the fowtb yw of employwm~ ~a employee stWt e~rn vacation aedit on the
buis of 1/1/4 woric dayt, or c6e bourty epuivaleat. for ach ~ompteud mocth of continuiag
serviu.
~
~ During the tmth yesr of ar~bYmeot. aa employee shall a~rn vacatioa eredit oa the
b~sis of.l S/12 worlc daya, or the Iwurly equiv~ for euh ooao~leced mcnth of coraiauing
aavice.
DurinQ tbe SReeath yat of employmmt aod tbanRer an employee shtll eun
vu~tion aaditt at tha nta 1 2/3 arork dsys, a~ .the houriy ~9uivalma. far eich monch of
com~taed co~itnious setvice.
Durit~ the tweatiesh yar of employmmt aad tba~. ~a ec~oyme stult ara
vicuion aedin u tlie nte of 1 S/6 wroric dsy or tbe hour}y equiyJ~t fo~ p~ ~y~ of
coctpleted coamiauow ~ervicce. Aa emP~~Ya ~Y ~Y ovec to tlse ama ~raar ~nY Pot'tioa of
vuaaion credit but sh+Jl be limited to ao~ mas than that ovhida aras eatned ~ tbe
P~~ Y~• -
Aa employee maY acaue co mors vacatioa aedit thm twice ths amud eate bdng
e~taed.
cs~ ma~~hs~ or oa ~ j: krn o~.b~a of mo~. e~a s~e
emP oyee sh~ll be compeauted for all eamed but uausad vaatioa acaued u
che rime of terminatioc or u the scart of said lave of ~bseace. Umixd v~cation may noc be
used to actead Saal employmmt date beyoad the aanud rue bdna arned.
The acccu~l of vuatioa crediu for those emptayep w6ose normi? wccic wedc is of not
less thaa ono-fWf' (1R) oime s6sll be prorated ucordiaa to the time of the renuiinQ wor~
assignment as to the a0imal woric wedc
~P~~ ~Y ~n~. on a once per almdar Yar baw, unused vuuion time for
paymtnt subjeet to tbe foUowing condirioas,
t. Tbe employa must have aa osrned vacstion of a minimum of 15 day~.
2. ~?aY WY~s msde fcr tmu~ed aatioa will be wbjxt to ~ll appropciate
uxa u~d deductions as detetmioed by the Fm~ace Deputme~u.
3. I~iaimum acch~agts wi11 be 1 dry, mnd~ exchaage wit! be S days. All
chaaga are irrevocabk.
• !
Secuon 9.3 $jGjCLCSXt .
All full time employees, other than thou hotding temporary stat~u, shall earn'cight (8?
hours per month sick leave time without 1'unit on accumuiation. Those permanent employees
working leu thau full time (at least 20 hours per week) shall eara in one month the number of
hours sick leave they would nnrmally worfc in one day or thc equivalent without limit on
accumWation. Ea?ployta abaect without pay for any reawn for mor~ than forry (40) houcs
during a calrndar month shall not eam sick leave benefits for that month.
Sick leave may be utiliud d~u to the eaaployce's pcrsona! illness, iti
J~Y. matemiry, or
' siclmess or injury in the immediatc family. Immediete family ia defined as spouse and children.
Employces shaU. wheneva possible. make appointmeats for medical, dental, end sitnilar
purposa on non-work hours. If this is not possible, sick leave may be used for thae purposes.
With praper nod« ~d apptoval of t6e aupervisor, sick leave shall be taketi in petiods of
no less than onc-half hour incremeau.
Employess wiil bave ttse opdon, subject to appraval, of coovetting sick leave to vacation
leave on a t~w-to-ot~e bdsia. The maximum allowable exchange will be 96 hours of sick time for
48 boucs of vacerion leave pet caleadar year. Miatmum accheagr wili be 8 hotus siclr leave for 4 ~
houn of vacxti~. Aa employa may convert sick leave in aceess of 320 hotus to vacation leave
on a ono-to-ocx basis w a maximum of 48 hoias aad a minimum of 4 6oias.
As a canditi~ of convardng sick leave ta vacation, aU employees will be rcquin:d w~ue
at lease onahalf vacarion acc~ved during the previous twelve months.
Such convasioa, eit~r m exchange sick leave for vscation or vice vetsa sha[t be subject
to the followiug conditiom:
1. All ra;uests to exchaage sick leave for vecation time shall be submitud in
writing to the Department Head at least 60 calendar days in advaace of
inuaded vacation utiliration.
2. Tbe gcaating of s~uh exchange and subsequrnt use will be the discietion of the
Depamnent Head.
3. If twelve (12) months have elapsed since approval of the exchange of sick
leave for vacadon ume, (aRer submitting at least one written rcquesf for uuli-
ration) the empioyee will have the right to mconvect t6e vacation tiaie to sick
leave in reverse ratio to the originai acchange. This exchange will be allowed
tuil7C for previously converted sick time to vacation aad wili not be pennitted
for regularly acc~ved vacation time.
26
~ ~ .
4. If an employee. aRer convening sic1G leave to vacuion tiau, exhauscs all of
his~ha remaicsing sick leave due to injury or iWess, hNshe rts~y asalce a
writteA requesc co ehe Depuunent Had to ro-conveet vacuioa time ~o uck
: lave on a reverse ruio bisis. Approva! will be wbject co an a:aasment by
the Deputment Hesd u to tbe validiry of the illaesslinjury u~d whether or
not a writun Physicisa~s scatanem attadng to the illness/~njury is n4uired
will be u the sole option of che Departmeat Hea.d
S. If the employee's vuarioa uauil occads the maxi~sssun allowable accrual,
hds6e adll hsve the option to ce.comrert vuuioa tirae buk te sick leave
mr t ti
. on a r~evese nrio basis. Suci~ re-coavasiaa sh~ll b e limi:ed co revio
P ~Y
, conva'ted sick leavrJvscatiaa aud mry not euccad the imount oeceuary to
rcduca the tcaued vacation to the m~dmum Wlocvable. ReQulariy icuued
vacarion time wiU not be digible for this ro~oavaaion to sick leave and
aay tegu}arty acaued vaation tiau acaued ia accas of the m~oa~um
~llowabte will be disallowed sad not subjat to utiliurion by the emplcryee.
NOTE: As used in this docvmea~ "reverse ruia" u i~teaded to maa thu the ratio of sidc
lesve to vaatioa w~l mert to the ori~inal rario u tba time the iaiti~l exchaa~e
was implem~ed. -
Seaion 9.3.1 p~pi( j,~ •
The City s6aU allo~v ~ca~ulued sid[ lave W be wed fot caadvcxio~ Pecson~l
business ovhich aaaot be coaduaed o~u.ade r~ular aoritia~ houra,
The employa rmut requat leave. if n~c,y~ at least fortY-ei~ht (4E) l~ours `1
~~B Prior to tLe time of ua'fiatioc ~ivinQ t6e reswn Sor the request on the
form P~Y P~ded. In casa of ema~eacy. the fortY-ught (48) hour aotiSatioa
procedure msy be waived by the immediate wpavisor. provided the form is compkte~ aad
cbe reawa for the roquat is stued upon mum
Section 9.3.2 Familv Leave
The Ciry of Cupertino will be ia compliaoce with Stue tad Fedtral L.eave Lawa.
Secuon 9.3.3 Bereiv~emeet Leave
Emptoyas shaU be graaced pud beravemeot lave aot to exceed three (3) work days
upon the occasion of dath of a close relative. Qote relatives ue defiaed as motlxr~ fuha,
s~ster. brother. wife, 6usbaad, child, SraadPueat, ~raodehiidreq ~tha-ia-ltw ~nd 8ther-in-
law.
Section 9.3.4 Attsenee Norifiution
An employee is ezpeeted not to sbsmi him:elf frota worlc for usy reuon other than
personal illnas wichout maldng prior arraag~s with his supwisor. Udas prior
arrangemenu ue made, aa employx, who for aay rpsot~ fa~ls to repoct for wotk must make
a sincere eff'ort to immediately eotify Gis supervisor his raaon for being abseat. If the
absence, whether for petsonal illnas or otherwis~ is w coetuwe beyond the fitst day, the
employee must notify the supervisor on s du7y buis unleu otherwise unnged with his
supervisor. In proper caus, exceptions will be msde.
~ ~
Any ~mauthorized abseaa of nn employa fmm duty shall be de~med to ban absencc without
PaY and will be grnunds for disciplina~y action by the Departmmt Head. ln the abxnce of such
disciplinary actioa. aay employa w6o absents himself/6ecself for Wrce days or more without
,nrthoriud lave shall be dxmed to have raigned. Such absena may be covend, howevet~ by ~
' the Deparnaeat Head by e following graat of leave with or witbout pay whea exrcauating
circumstaaces ac+e fouad to bave existed.
Sectioa 93.5 i i_ +cr11 cick i r_~±vr
The Ciry ahall pey aay employee for uaused balnncx of sick leave upoa retuement, or
tamination for otha ~ just ca~se, according to the fouowia~ sc~dule:
1. If upoa re6~meat, which shall nequire t!u focmal filing of the appropriau focros with
the Public Employas Retiremeat System, and employee has at lease 320 houQS of
acc~ued sick leave a cash payment shall be made equivaleat tn eighty-Sve per~ent
(85'Y.) of the dollar value of the unused sick leave balaacx. Tbe dollar value for such
paymeat sball be calculeted at a wage:ate which is the avaage of the p~ing Sve
(5) years for tbe employee, or for esch fuU ycar of amplaymeat if employed fcwer thaa
Sve ye,ats.
Z If npoa termjnation for other than discharge with just ca~ue, aa employoe has at least
320 hours of accrtttd sick leave a cash paymeat shall be made ~yuiyalent t~
perant (70%) of the dollar value of the uaused sick leave balance. 'ILe doller value
for such psymmt shell be calculaud at a wage rate which it tbe aver~ge of t~ p~o-
cedia~ 5ve Yea~s for the employa, or for each full yearc of employmeat if employed
fevver thaa 5ve yeats.
Section 9.41.eav~ of Absenc~
Leaves of abs~e without pay not to exceed ttuee (3) coasecu6ve ~wt1c days maY be g~ted
to an employa by his/her Department Head. Such leav~s of absence in excess ef ~rer (3)
consecutive work days shell requirc the prior approval of t6e Appoiating Authority, p11 s~ch
leaves of abxnce in accru of ten (10) work days shall have tbe prior writtea a~pc~oyai af the
Appointing Authority and shall be reponed to the Human Resotuses Manager on the appropriau
form provided.
Seccion 9.5 ?~;I; A Leave
Military leave shali be grantcd in accordance with the provisiom of State law. A11 emp]oyees
cntitlcd to militaty leave shall grve their supervisor an oppom~tuty, within the ~im~~ of the
mihtary tequiremeat, to determinc when such leave ahail be talcea.
Section 9.6 jy~j~y
Employees called for jury dury shall be paid the diffetence for such non-work time between
U,e baze salary they wouid have earned had they ~t bera ra~uired to serve or be in ~ce
and the b~ce salary, exclusive of aay mileage allowane~e, tscxivod for such service.
Section 9.7 Temnn~~icahilA,j~A_ene~~~
Any emp~uyee ~,»;•,ing an injury arising out o~ or ia tht co~ust of, the peri'onaancx of his
~ob and who cannot work at tbe dutia and respoastbt7ftia noimally assigned to that job is
cncided to rcaive umporary disebility paymeats as p~sscn-bod by State law.
28
~ ~
My employa entided to rcceive temporary disabiliry paynaneats may elect to ~upplement
such payments with an amount not to exceed that which is the empioyee's weekly eaming or
weekly eaming capaciry by use of sick leave pnymenta to the sxteat that such uck leave has bcen
accrued to the emptoyee's account _
Section 9.8 ana^ Di~ nv
A prcgnant empteyeo is entided up w four (4) months lave of absence without pay for
j temporary disabiliry raulting from pre~ancY~ miscaaiege. childbirth or rccovery thecefrom.
' Employees shail talce uapaid leave of absence during such leave except thst accnud vacatioa pay
end sick leave may be taken at the option of the employee.
As with all other tempocary disabilities, a PbY~ciaas certificate is te~qiiired to verify the
extent and duradon of the umporary disabiliry. •
An employee wlw plaas to take a pregoaacy leave must give a reasonable noace (mt less
than four (4) weeks) before the dau she expeeu to talce the leave ead the atimsted durarion of
the leave. The Ciry will pay health aad welf~e beaefitg u the same rau as prior W the leave
until the employee is released by her physicien w cetum to work or for sixty (60) days,
whicheva comes fitst.
SeCtioII 9.9 Ademion i.eave ~
~ Upon requat a leave of absence without pty for up to four (4) weeks will be grmoed to
adoptive pareats. Aazved vacatioa pay and sick leave may b~ teken at the option nf the
employee during this leave time. The Ciry will pay health and welfare benefits at the same cate
as prior to the leave.
Section 9.9.1 ~'A+A p ~ t ~A~~
1. The Ciry will form a committee to establis6 a definition of catasvophic or lifa
threatening illness. This cortuninee will evaluau esch individual csse when it is
submitted to qualiry to meive fuads. The only Limitarion is that the anpioya miut
be the oae facing the iilness. The cocamittet has the right to ask the appticaat to
submit further documentavon from their physician to determine the applicant does
suffer a catasttophic or life-threatening illness.
All benefited employees who havo pass~d initial probation with the City:will be
eligible to receive azsistance. Aa employoe doa oot heve to be a coauibutor to be
~ligible. An employee or their repreuatative muct complete a prescribed appGcation
form together with supporting medical documentation to the Personnel Office wtun
applying for funds.
3. A recipient must have used all of their available leave hours before hdsht is eligible.
4. The minimum time an employee cou(d txeive fuads would be one week. The maxi-
mum amount is two months (LTD becoma available at this time).
29
~ ~ ~
S. Vacation leave aad ~ory time off will be tbe oniy leave of absenee hours that
miay be doneted. An employae may aot doaate vacuion lave bo~as whic6 wouid re-
duce hi:/ber mtal aocrmd leave bdanoa to kas than 120 l~ea. I.eave uedits may be
I d~ ~~Y P~Y P~~ All leave donetions m icsevccabla
6. A leave of ~ transfc drive will be hetd w6eaever neoessary to pmvide for a
miaimum ewstrvpluc balmx which is the oquivaleat of 40 6ours of We avaage
ho~aly ~ce of full-time permsaeat employmeat. Traastas may be in incremeats of
one ho~a or ma~+e. All damations wili be conSdeDtial. 7~e wW be ao xlling or
coet+eion of employxs to dooue. di the bedc Is ~pleted, a vaca~oa traasfa dtive may be
held at t~e roquut of the Cammiux.
7. Donated leave hoiaa will be canverted to cath and deposit~d in a timrbank w6ene it
~vill be:vailable f~ dia~'butian, lmerest ~c~cnring ~om t~ ~+ank shall be azditmd _
tlx timo-b~nlc. Cbxka will be issue~ tn the i~cipieat wiW the regiilar paymll which
will keep them in aa active employmeat mode with the City. This proeedure paevents
ovupaymmts or oocre~tions sina it coma efkr the aemel l~ve has be~a talcen.
(Conve:sion alloar: for adjus~enu for diffaeai rata of pay.) No employee shall
ezxive paym~at for n~ore than 100°ti of Weir regular psy.
Section 9.9.2 ~
Employas stnll be expected to perform their givea wo~ic a~ts diligently tmtil the ead
of that worfc paiod. Aa employa w6o is not able to do so:hsll so idvi~e hia supervisor pi~t
fact at t6e atiiat posa'bk time aRer that fect is lmown to bim/her. Abwe of ateaodaaa
n4~~~ ~ ~ ~ aPpt'oPri~ ~plinery actioa
Scction 9.9.3
Adequsu and pnoper attendance mords sha11 be maintaine~ for each etnployee which
records shall form the basis for payroli and accounting reqwrrmenti.
Scction 10.0 ~
If it is requQed fot an empioyee to perform work outside of the norcnal vuork week~
compensation shall be made in one of the following ways:
Scction 10.1
Ail approved worlc per(ormed by employees in pccess of 40 6otus in a seven day work weelc,
shali be paid at the overtime rau of one and one-t~slf (1 IR) tima the normal rate of psy. Work
pcrfocmed on reguiariy scheduled days off, City hcGdeys or dining an employa's scheduled
vacauon shall be eonsidered to be overtime aad paid a~otdingly. At the employa's disc~tion,
compensatory time off may be granted for overtime worked at the rau of time and one-hslf for
each hour worked in lieu of compensation in cash.
Compensatory time may be acctued up to 6p bours,
30
~ ~
SecUOn ] 0.2 ~~.~,~~~ment ~nd Professio__~al EmJ21o erc
Management and non-c+epresenud pmfessional employea are ineligible- for overtime
paymen~ However. no deduction from leave batenca ace made when such empioyee is absent
less than a reguler worlc day.
Sccdon 10.3 Stand- -Pav
Employees who are r~uired to make themselves evailable for being called back to work
outside the normal worJc peiiad ahall be compensaud for auch stend-by assignment'at thc tate of
S 125.00 per week for each week so assigned.
OTHER CONDITIONS OF EMPLOYIv~NT
SecUOn 11A ~'oncinL~ Ssrv+c~
Continuous servicc sha11 ba defined as the uainterrupted aervice of an employee fram `the date
of his/her laust appointment to the thcn ptesent time. Contin~ns-eecvice"sha11 be br~ken
through death, discharge, resignation, retirement or layoffs excading twelve (12) months
duration without the aaployee having becn ieinsteted. Continurnu service sl~all be inteirupted
tfuough a leave of absence withaut pay exc«ding ten (10) work days, layoffs aad smpensioas
~xcadiag ten (10) work days. '
Section 11.1 Re~mbLr.cn*+ent for Ttavel n~d OLer E~c'+~!+ers
Employees who are required to use their personal vehicies for City business shall bo
reimbursed for such uge at aa appropriate nte to be determined by a schedule edopted by the City
Council. Submission of a tequat for nimbursemrnt must be approved by the Departrneat Head.
Exceptions to tt~ foregoiag paragraph are: City Msneger, ' Department Heads,
Superintendent of Public Wocks. Recreatioa Supervisors, Trafiic EnginarfBuilding Officiel and
the Public Information Officer. The pay rate of each includes an allowance for the use of their
personal vehicles. Howeva, should any of the identified F+ersons travei in txcess of twa hundred •
miles round trip they would be eligibie for rcimbursement at the estabiished rate.
Section 11 J.2 Reimbu.~mem~
Employees who are required to advance personal funds for thc purchaze of minor materials
and supplies or for ather approvcd services during the performance of or arising out of the duties
assigned to the employees work shali be reimbursed for fun~s so expended. The Appoinring
Authoriry may prescribe such adminisvative rules and regulations goveming the allowable kinds
and amounu of such reimbursable expenditwes end the methods and procedures usable to
substantiate and process submitud claims.
Section 11.2
Resignations are deemed accepted and irnvocable once presented in writing to an
employee's supervisor or Depattment Head. `
31
~ ~
_ Secpon I 1.3 j,ByC$S
Layof~'s of employees may be made by the Appointing Authoriry for lack of funds, lack
of work or for other similar and just caux. "Ihe order of layoff shall be that which, ln the opinion
of the Appointing Authoriry, will cause the least disruption of service to the Ciry.
Unlas otherwiae provmted from doina ao as a Rsutt of conditioas or situations beyond
the Ciry's coatrvl. The City wiU pravide a miaunum of thirty (30) days nodce to any employee
subject to being laid off pursusut to the Rule on layoffs.
Sectioa 113.1 BCiaSfBtCmGCL~
't~e aama of employas affected by layoff shall be placed on a recall list for a period of
two years in the roverse order of layoff and ahal! have the first opportuniry for ninstatement.
Failure w respond within un days ta a writtra ~tice of such oppornmiry shail ca~ue that aatne w
be mnoved from the recall list
w~ e
ith th approval of the Appomung Authonry, e permanent or probationary employx
who has resigned with a good woric record or aa aaploya recalled from a tist crs~ilting from a
layoff may be reinstated within twenry-four months of the effective date of cesignation to a
vacant position in the same ot comparable clau helshe previously occupied. Upon ninstatemeat ~
the employee, for ell Purposes, shail be coasidaed as though they had reoeived an ori~nsl
aPPoimm~ent '
Section 11.4 $zp~pIIty _
Senioriry shall be de5ned as the length of continuous servicx in a given ctassification.
Srniority shall ~t be affxu;d by a c6ange in the allocation of a position, by a change in t6e cla~s
specificauons or by a chaage in the evaluatioa of t~ clus of poaitions: '
Secuon 11.5 T~nQ
It shall be the policy of the Ciry co encourage employee participation in training programs
which will be of benefit to the empioyee and the Ciry in the better performance of his/her work
and as a mearu of providing assistance to the employee qualifying far ptomotional opportunitia.
The Appointing Authoriry may pmcribe suitable cegularions and guidtlines unda which such
programs may be administercd.
Section 11.6 S~~estion Syst~ .
Suggestions of cmployees rclating to the improvpneat of wotk related mattets sha11 be
rncouraged. The means of roceiving. processing and implementing such suggestions ac ~veil as
the method of giving appropnate rccognition thercto shatl be as prexribed by the Appointing
.4uthontv.
Secuon 11.7 Ho~ni~i~atio . Medie i_ nen pl nd .if I e+,rAne•• pro mc
It shall be the policy of the Ciry to provide suitable group hospitalization, medical, dental,
life insurance programs and income protection u~a wlsich cmployees and their dependent5 may
be covered. The nee~s of the employees shall be givrn due consideradon.
32
• e "
EMPLOYEE-EMPLOYER RELATIONS
Sectioa 12
Rula rtlating to those muters of muwa! iatu+at and concaa betweea Ciry mtnagement
' and Ciry aaployea w}rich a~s subject to meeiic~ aad confecring in good faith shall be as
, mutually agrced to bet~veea the two parties and as ~prc~ved by the Ciry Council in M«aonada
of Unde:suading. In the abaence of sucb memorands tbe nila coataincd herein shall apply
whe:eva appliable. In the abseace of any specific rule on any Qivea matter the Ciry Manager in
that capaciry or es AppoiatiaQ puthoriry 16at1 esablish suitabte policies by administrative
rogulatioas aad oidecs which ahall be consideted as suppleme~l hei+eto ualas or uadl amended
or supesseded.
. . ~
33