Resolution 2007-53
RESOLUTION NO. 2007-53
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING REVISED HUMAN RESOURCES RULES AND REGULATIONS
WHEREAS, after study and consultation with all employee organizations, the Personnel
Commission and staff has prepared and recommended adoption ofthe attached Personnel Rules
and Regulations for the City of Gilroy, and good cause appearing therefore; and
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy approves
the attached Human Resources Rules and Regulations dated June 11, 2007, and consisting of a
cover page, a Table of Contents, sixty-nine pages, and adopts the same to define benefits and
procedures in governing personnel of the City of Gilroy.
PASSED AND ADOPTED this 11 th day of June, 2007 by the following vote:
AYES:
COUNCILMEMBERS: ARELLANO, BRACCO, CORREA, GARTMAN,
VALIQUETTE, and PINHEIRO
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS: VELASCO
APPROVED:
ATTES1;:
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Rhonda Pellin, City Clerk
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RESOLUTION NO. 2007-53
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Human Resources
Department
7351 Rosanna Street
GILROY, CALIFORNIA
95020
Telephone (408) 846-0228
FAX: (408) 846-0200
http://www.ci.qilroV.ca.us
BIJMAN RESOURl;ES
RULES AND REGULATIONS
Adopted by City Council
Resolution No
Date: June 11, 2007
To: The City of Gilroy Employees, Commissioners, City Council, and other interested individuals:
This document has been prepared to incorporate procedures and benefits in governing the Human
Resource activities of this City as a supplement to the Gilroy City Code, Section 17, and the Gilroy City
Charter, Article X.
TABLE OF CONTENTS
CITY OF GILROY
HUMAN RESOURCES RULES AND REGULATIONS
SECTION DESCRIPTION PAGE
SECTION I INTRODUCTION 1
A. Emplovee's Mission Statement 1
B. Purpose 1
C. Conflict with Charter/Collective Baraainina Aareements 1
D. Severabilitv 1
SECTION II THE CLASSIFICATION PLAN 2
A. The Nature of the Classification Plan 2
B. Maintenance of the Classification Plan 2
C. Workina Out of Classification 4
SECTION III COMPENSATION AND PAYROLL PRACTICES 5
A. Pay Plan 5
B. Placement in the Pay Plan 5
C. Break in Service/Seniority 5
D. Full-Time to Reduced Hour Status Chanae 6
E. Performance Pay Increase 7
F. Workweek 8
G. Overtime 9
H. Standby Pay 9
I. Education Incentive 9
J. Uniform Allowance 9
K. Bilinaual Compensation 10
SECTION IV RECRUITMENT, SELECTION, AND APPOINTMENT 11
A. Recruitment Request Form 11
B. Job Announcements 11
C. Applications for Job Openinas 11
D. Competitive Examinations 12
E. Oral Boards 13
F. Eliaible Lists 13
G. References 14
H. Backaround/Reference Checks 16
I. Appointment from Elioible Lists 16
J. Medical Examination 17
K. Finoerprints 17
L. Probationary Period 17
M. Provisional Appointments 18
N. Temporarv Appointments 18
O. Contractual Services 18
P. Promotional Lists 18
Q. Emplovee Performance Appraisal (EPA) 19
R. Nepotism 21
SECTION V SEPARATIONS AND DISCIPLINARY ACTIONS 24
A. Separations 24
TABLE OF CONTENTS
CITY OF GILROY
HUMAN RESOURCES RULES AND REGULATIONS
SECTION DESCRIPTION PAGE
A. 1. Resianation 24
A.2. Resianation/Unauthorized Absence Without Notification 24
A.3. Dismissal 24
A.4. Layoff 25
A.5. Retirement 27
A.6. Exit Interviews 27
B. Disciplinarv Actions 27
B.1. Causes for Disciplinarv Action 27
B.2. Types of Discipline 30
B.3. Procedure for Discipline 31
SECTION VI GRIEVANCE AND DISCIPLINARY/APPEALS PROCEDURES 33
A. Employee Disciplinarv Action Appeal Procedure 33
A. 1. Reauest for Hearina 33
A.2. Schedulina of Hearina 34
A.3. Private or Public Hearinas 34
A.4. Pre-Hearina Procedure 34
A. 5. Submission to the Personnel Commission 35
A.6. Record of Proceedinas and Cost 35
A.7. Conduct of the Hearina 35
A.8. Bu rden of Proof 36
A.9. Reauest for Continuance 36
A.10. Testimony Under Oath 36
A.11. Presentation of the Case 36
A.12. Procedure for the Parties 37
A.13. Riaht to Control Proceedinas 37
A.14. Hearina Demeanor and Behavior 37
A.15. Deliberation Upon the Case 37
A. 16. Written Findinas and Recommended Decision 38
A. 17. Recommendation to the City Administrator 38
A.18. Appeals to the Citv Administrator 39
A.19. Appeals to the City Council 39
A.20. Judicial Review 39
B. Emplovee Grievance Procedure 40
C. Optional Safetv Personnel Contract Grievance Procedure 42
SECTION VII LEAVE PROVISIONS 43
A. Paid Leaves 43
A.1. Vacation 43
A.2. Sick Leave 44
A.3. FamilY Illness Leave 46
A.4. Sick Leave for Job-Connected Iniurv 46
A.5. Bereavement Leave 47
A. 6. Jurv Dutv 47
2
TABLE OF CONTENTS
CITY OF GILROY
HUMAN RESOURCES RULES AND REGULATIONS
SECTION DESCRIPTION PAGE
A.7. Time Off to Vote 47
A.8. Personal Leave 47
A.9. Administrative Leave 47
A.10. Holidays 47
A. 11. Militarv Leave 48
A.12. Donation of Paid Leave Time 50
B. Leaves of Absence Without Pav 51
B.1. Unoaid Medical Leave 51
B.2. Preanancy Disability Leave (PDL) 51
B.3. Family Care and Medical Leave 52
B.4. School Leave 56
B.5. Leave for Victims of Domestic Violence and Sexual Assault 57
SECTION VIII BENEFITS 58
A. Health Insurance 58
B. Continuation of Grouo Health Coveraae 58
C. Lona Term Disabilitv Insurance (L TD) 59
D. Life Insurance 59
E. Retirement 59
E. 1. Full Time Emolovee Retirement 59
E. 2. Part Time Emoloyee Retirement 60
SECTION IX MISCELLANEOUS POLICIES AND PROCEDURES 61
A. Alcohol and Controlled Substance Abuse Policv 61
B. Association/Union Dues 61
C. Human Resource Records 61
D. Outside Emolovment 63
E. Salarv Verification 63
F. Safetv and Health 63
G. Discrimination and Harassment Prevention Policv 64
H. EoualEmoloymentOooortunity 68
H.1. Anti-Retaliation Policv 68
I. Guidelines for Flexible Work Schedules/Alternative Work Hours 69
3
SECTION I. INTRODUCTION
A. EMPLOYEES' MISSION STATEMENT
We are committed to providing highly effective public services in a professional,
cooperative, and adaptable manner . We will be a proactive, informative, and
responsive government through communications and actions that welcome
participation from all segments of our community. We are committed to excellence
through respectful, responsive, and responsible customer service. We will carry out
our responsibilities in a manner that enhances the quality oflife in Gilroy.
B. PURPOSE
These Rules and Regulations establish the personnel system for the City of Gilroy and
are adopted by resolution of the City Council pursuant to City Code 17.1. The
purpose of these rules and regulations is to facilitate efficient and economic service to
the public and to provide for a fair and equitable system of personnel administration
and management within the City organization. These rules shall apply to all
employees of the City of Gilroy except those employees or employee groups who are
outside the competitive service (full-time employees not excluded below) and are
excluded. Those employees or employee groups excluded are: City Administrator,
City Clerk, department heads, and employees designated as part-time, volunteer,
temporary, per diem, provisional or seasonal. These employees or employee groups
hold their positions at the will of the City Council or City Administrator and are not
obligated by or entitled to benefits provided by these rules. These rules do not create
a contract of employment, expressed or implied, or any rights in the nature of a
contract.
C. CONFLICT WITH CHARTERlCOLLECTIVE BARGAINING AGREEMENTS
None of these Rules and Regulations shall be in conflict with or supersede any
provisions of the Charter of the City of Gilroy or the provisions of any Memorandums
of Understanding between the City of Gilroy and recognized employee organizations.
In the event of a conflict, the Charter and/or applicable MOU shall control.
D. SEVERABILITY
Should any provision contained in these rules be rendered or declared invalid by
reason of state or federal legislation, court action, or emergency situation, such
invalidation so declared shall not invalidate the remaining portion hereof and they
shall remain in full force and effect.
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SECTION II.
THE CLASSIFICATION PLAN
The classification plan is an occupational inventory of the positions in the City Service. It is a
fundamental tool of Human Resources administration, since it makes possible standardization of
class titles for purposes of employees record keeping, examining, pay administration, and related
employee administrative objectives.
A. NATURE OF THE CLASSIFICATION PLAN:
The Classification Plan can be summarized as follows:
1. A grouping into a single class, with a common class title, of all positions which are
essentially similar with respect to the nature of the work performed, and which are of
approximately equal difficulty and responsibility.
2 . Written class descriptions containing, in addition to a descriptive title for each class of
positions, a description of the nature of work included in the class and qualifications.
Class descriptions do not restrict the assignment of duties to an employee in any way.
However, assignment of a substantial volume of higher grade or lower grade duties to
an employee over a period of time may result in a reclassification of the employee's
position.
3. Class specifications are of considerable value in supplying systematic, authoritative
information in connection with the following procedures:
a. Preparing public announcements of job openings.
b. Developing appropriate examinations.
c. Comparing classes with each other and with outside classes in making
comparisons for establishing appropriate pay rates for positions.
B. MAINTENANCE OF THE CLASSIFICATION PLAN:
As the Classification Plan is intended to fit each employee's position into its place in an overall
occupational inventory, it is necessary that it be adjusted from time to time to reflect changes
in assignment of duties made to employees by administrative officials, or brought about by
change in methods of performing work. Such adjustments must be made, as their need is
indicated, and in accordance with the following procedure:
1. As new positions are created, the Human Resources Director shall classify
them on the basis of their duties and responsibilities. When the position has
been identified for allocation to one of the established classifications in the
Classification Plan, the classification action of the Human Resources Director
will be final.
Page 2 of 69
2. When a new classification is required, and there is no existing classification to
properly classify a position, the Department Head, through the Human Resources
Director, shall submit a recommendation as to the new classification and job
description to the Personnel Commission for final approval.
3. When an employee's position, over a period of time, increases in difficulty and
responsibility by assumption of additional and progressively more difficult duties, the
Department Head may recommend through the re-classification process, a higher
classification for the position and a corresponding salary level change for the employee
without a competitive promotional process. If the employee's position decreases in
difficulty and responsibility, a lower classification for the position and a
corresponding salary level change for the employee may occur. This section shall not
be used to avoid requirements for promotional examinations. Substantive changes in
job descriptions or assigned salary range pursuant to this section shall be subject to
the meet and confer process and Personnel Commission approval process described
above. The annual evaluation date for reclassified employees shall be the date the
reclassification is effective.
4. RE-CLASSIFICATION CRITERIA
Available for Re-Classificatiort
Examples of proven additional
responsibility:
Not Available for Re-Classification
Examples of individual getting
better at:
-Current job description and/or
responsibilities expanded, or moved
to other or new function at the
same skill level, or more volume
of work.
-"Supervise" personnel.
- Total control of budget.
-New division or function of
department responsibilities.
-Additional significant functions,
not part of job description.
-Additional or new job duties with
additional complexity and which may
require the employee to obtain a license
or certification not currently required in
the employee's job description.
5. RE-CLASSIFICA TION PROCESS
Periodically, the Human Resources Director will contact Department Heads to ask if
there are any job classifications that the Department Head would like to have
considered for review. All requests submitted by Department Heads for review will
be discussed by the City Administrator and full department head team who will then
give the Human Resources Director direction on which studies will take place for the
Page 3 of 69
current year. The request should be in a memo format with enough detail to support
the need for the classification review. The Department Heads will be reminded that
these studies are not salary reviews, but reviews of positions where there has been a
significant change or changes in job responsibilities and increased/decreased
complexities which would warrant a review to determine if the employee is
appropriately classified.
C. WORKING OUT OF CLASSIFICATION:
1. Members of the Miscellaneous and Supervisory Employees Bargaining Units who
are assigned by their supervisor, with Department Head approval, to perform the
duties of a higher classification shall be paid under the provisions of the applicable
Memorandum of Understanding.
2. Members of the Fire Employees Bargaining Unit assigned to work out of class in a
higher classification shall receive the rate of pay of the higher classification subject
to the conditions in their MOD.
3. Employees assigned by the Chief of Police, or his/her designee, to work as an
Acting Corporal or Acting Sergeant, shall be paid under the provisions of their
MOD. No part of this section shall be interpreted to deny any employee acting in
the capacity of Supervising Officer and/or Acting Watch Commander from
receiving overtime pay in accordance with past practices.
Page 4 of 69
SECTION III:
COMPENSATION AND PAYROLL PRACTICES:
A. PAY PLAN:
The Pay Plan is adopted by the City Council and provides minimum and maximum pay
rates for each classification.
B. PLACEMENT IN THE PAY PLAN:
1. New appointments shall be made at the minimum of the appropriate pay range. In
some cases, a Department Head may request, and the City Administrator or Human
Resources Director may approve, an appointment at higher than the minimum pay
rate for the position.
2. In cases of promotion, the employee shall be placed on the lowest step in the higher
pay range which provides not less than 5% more than his or her current pay rate.
3. In case of demotion, the employee's new salary must not be in excess of the maximum
rate on the pay range appropriate for the class to which he or she is demoted.
4. In the event of re-employment subsequent to a resignation, an employee's salary shall
be determined in the same manner as for new appointees, except as otherwise
provided in the Miscellaneous Unit MOU, Article XI.
5. In the event of call back subsequent to a lay-off, the pay rate shall be commensurate to
the available position.
6. No supervisor shall receive less than 2 1/2% more than the base pay of the highest
paid person he or she supervises. A supervisor shall be identified as an employee who
has direct supervision and responsibility for the performance of other full-time
employees.
7. Salary actions are processed by completion and submission of a Human Resources
Action Form.
C. BREAK IN SERVICE/SENIORITY:
For employees who have attained their current classification through longevity without
promotion, the anniversary date for pay shall be the original date of hire. For employees who
have been promoted into their current classification, the anniversary date shall be the date of
appointment to the current classification. Total seniority with the City will be calculated
from the original date of hire. A break in service shall occur when an employee is separated
from the service by resignation, dismissal, unpaid leave of absence, or layoff. No seniority in
the Pay Plan shall accumulate during a break in service which occurs due to a leave of
absence without pay, or a layoff unless otherwise governed by Federal or State law. Said
Page 5 of 69
break in service shall not affect status in seniority or in the Pay Plan which was accumulated
prior to such break in service.
D. FULL TIME TO REDUCED HOUR STATUS CHANGE
Any regular, full-time employee may request a temporary change from full-time to reduced
hour status. The request shall be in the best interest of the City as well as the employee. This
change shall not interrupt the flow of work, increase the cost of operations, or become a
burden to the department. Unless otherwise specified, the employee shall continue to be
considered part of their regular bargaining unit.
To request this change, the employee shall document their need for the change and submit
this to their supervisor for approval. If approved, the supervisor will submit the request to
the Department Head for his or her approval. Should the request be approved, it is
submitted to the City Administrator for final approval. On final approval, the request is
forwarded to the Human Resources Department for action.
If the reduced hour status is granted, the following terms and conditions will apply:
1. The employee must use all accrued Compensatory Time Off and Personal Leave
before reduced hour status can begin.
2. The City will not contribute to benefits such as Medical, Dental, LTD, Life Insurance
unless the reduction in hours is covered by the Family Medical Leave Act. The
employee will be entitled to continue health coverage on a self-pay basis in accordance
with COBRA.
3. No paid time will accrue.
4. PERS service credit will continue with the employee receiving credit for hours
worked.
5. The employee shall be entitled to a cost of living pay increase as per these Rules and
Regulations and applicable MOU.
6. Credit toward seniority shall be suspended while on a part-time basis.
7. The employee will be allowed to return to a full-time position of comparable status at
the end of the agreed time. A specified date of return will be required. One month
before returning to full-time status, the employee shall send the Human Resources
Department a letter informing them of intent to return to full-time status.
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E. PERFORMANCE PAY INCREASE:
Upon completion of six (6) months of satisfactory performance, with the recommendation of
the Department Head, the City Administrator may authorize an employee's salary to be
advanced one step on the salary schedule. If an employee is hired from the 1 sl through the 151h
of the month, that employee will be eligible for a six (6) month evaluation and increase on the
1" of the month, six (6) months from the month of hire. If an employee is hired from the 161h
through the 31'1 of the month, that employee will be eligible for the six (6) month evaluation
and increase on the 1 sl of the month following six (6) months from the month of hire.
For the purposes of subsequent performance merit advancement on the salary schedule, an
employee's annual salary review and advancement date shall be twelve (12) months from the
date of that six (6) month advancement.
EMPLOYEE MERIT RATINGS (CHART)
Merit reviews will follow the guidelines set by the merit matrix. The final merit increase is
derived from the performance rating and the quartile (steps). The quartile is the
horizontal factor, paired with the performance rating on the vertical factor to indicate the
merit increase in the corresponding box.
Merit Matrix
Non-Exempt Employees:
Performance Rating
Quartiles
1 2 3 4
A-B C D E
VI Exceptional X X X X
V Commendable X X X X
IV Meets Standards(GPOA and X X X X
AFSCME); Effective (Fire)
III DevelopmentalMar~nal X . . .
II Needs Improvement . . . .
I Unsatisfactory . . . .
Page 7 of 69
Exempt Employees:
Performance Rating
Quartiles
1 2 3 4
A-B C D E
VI Exceptional X X X X
V Exceeds Expectations X X X X
IV Meets Expectations X X X X
III Developmental (Probationary X . . .
Employees Only)
II Needs Some Improvement . . . .
I Unacceptable . . . .
**
Ratings in I, II, or III require a Performance Action Plan
X = Merit Increase
· = No Increase
F. WORKWEEK:
To ensure compliance with the Fair Labor Standards Act (FLSA), the following shall be the
official Work Week for the City of Gilroy:
1. Miscellaneous Employees
The City's workweek shall be from Monday at 12:01 a.m. through Sunday Midnight.
The normal workweek is forty (40.0) hours per week. Please refer to the applicable
Memorandum of Understanding and Section IX, I. of these Rules for specific language
regarding flexible work schedules.
2. Safety Employees
Exemptions: Exemptions from this work week are Law Enforcement and Fire
Protection who do not work a five (5) day, forty (40) hour work week. Safety
Personnel will operate within the FLSA 7(k) exemptions and the City of Gilroy
Resolution No. 85-42. The 7(k) exemptions state that Law Enforcement may have a
work period of twenty-eight (28) days and Fire Protection may have a work period of
twenty-seven (27) days. These periods are used as "windows of time" within which
time worked (for non-forty hour/week personnel) can be averaged more accurately for
calculation of benefits based on pay.
Page 8 of 69
G. OVERTIME:
It is hereby declared to be the policy of the City that overtime work is to be discouraged. The
Department Head shall retain authority of reasonably determining, with the best interests of
the operation of the respective departments, the amount of overtime to be accrued and when
accrued overtime may be taken off by the employee. Each employee will have the monthly
option of accumulating compensatory time off (CTO) or being paid for the accrued overtime
in the next scheduled paycheck, within limitations prescribed by the Federal Fair Labor
Standards Act and applicable Memorandum of Understanding (MOU).
A limit is set by each Department for the maximum number of CTO hours an employee may
accrue. Once this limit is reached, the employee must either take the time off or be paid for
those hours. See applicable MOU for details.
H. STANDBY PAY:
Standby pay shall be granted at the rates specified in the applicable MOU.
I. EDUCATION INCENTIVE:
Not all employees are eligible for Education Incentive. Refer to the applicable MOU for
details. Employees qualifying for Educational Incentive shall complete the necessary forms
available from Human Resources. When this form is completed, including all the necessary
signatures, it shall be returned to the Human Resources Department. Forms received
between the Ist and the 15th of the month, will receive incentive pay effective that month.
Forms received between the 16th and 3Ist of the month will begin receiving Educational
Incentive pay effective the 1st of the following month. Employees who delay in submitting
their forms will not receive retro-active Incentive Pay. Pay will be received once the forms
have been processed as outlined above. Those employees applying for P.O.S.T. certification
may experience delays in receiving their certificates. In those cases, pay will be retro-active
to the date on the certificate.
J. UNIFORM ALLOWANCE:
1. UNIFORMED MEMBERS OF THE POLICE DEPARTMENT are entitled uniform
allowances as noted in the MOU. This allowance does not cover badge and safety
equipment which is furnished by the City. Refer to GPD Procedure Order No.10A for
policy on uniform repair and replacement.
2. UNIFORMED MEMBERS OF THE FIRE DEPARTMENT will receive a Class A
uniform as a new employee upon completion of probation and as noted in the MOU.
Badge and safety equipment is also supplied by the City.
a. Repair/Replacement - Uniforms are repaired/replaced as specified in the
applicable MOU.
Page 9 of 69
K. BILINGUAL COMPENSATION:
Bargaining Unit employees who demonstrate the ability to communicate effectively in both
English and Spanish or other languages used by a significant portion of the City's population,
as determined by the City, will be compensated in accordance with their MOU. The City
Administrator shall determine whether or not any employee not covered by an MOU qualifies
for bilingual pay.
Page 10 of 69
SECTION IV: RECRUITMENT. SELECTION. and APPOINTMENT
COMPETITIVE AND GENERAL SERVICE
TO
THE
. Appointments to the General and Competitive Service will be filled by the following procedures.
A. RECRUITMENT REQUEST FORM: To initiate a hiring action for a budgeted position, a
Recruitment Request Form (available from Human Resources) must be completed by the
hiring manager. It should then be forwarded to the Department Head who must sign the form
and forward it to the Human Resources Director who must review and sign the request to
initiate the recruitment process
For part-time positions (except reimbursable part-time positions in Parks and Recreation) a
memo must accompany the Recruitment Request Form stating that the hiring department has
funds available for the position.
B. JOB ANNOUNCEMENTS: Announcements of openings for positions shall be made by
posting notices in public places and other methods as are suited to obtaining appropriate
publicity. Announcements shall set forth the title and pay for the position; the nature of the
duties and responsibilities; the qualification requirements; whether the position is at-will or
regular; the scope of the examination to be given; rate of pay and benefits for the position; the
method of applying; the closing date for the application, if one is established; whether a
medical and/or psychological examination, including a drug screen, will be required, post-
offer of employment; and any other information deemed pertinent by the Human Resources
Director.
C. APPLICATIONS for JOB OPENINGS: An application form obtainable at City Hall will be
filled out by all applicants in accordance with the job announcement. The Human Resources
Director, in his or her sole discretion, may use one or a combination of the following methods
of testing: a comparison of qualifications and experience to the job description and functions,
interviews, oral boards/assessment centers, background review, or any other testing method
he/she deems appropriate. In the recruitment process where a large number of applications
are received and the Human Resources Director determines that giving an examination of the
nature and type appropriate to all the qualified applicants would unnecessarily burden the
City, the Human Resources Director or designee may rank, for qualifying purposes only, the
application submitted on the basis of the applicants' experience, education, training, and
work history as related to the particular position, and may choose a manageable number of
applicants whom he or she determines would best fit the position. The chosen applicants
shall then be given further examination in order to obtain a ranking on the eligibility list.
The Human Resources Director or his/her designee shall notify, in writing, those persons
whose applications have been rejected.
The Human Resources Director or designee may reject an application, or after examination,
may disqualify or remove the applicant's name from an eligible list for any of the following
reasons:
Page 11 of69
1. The applicant is found to lack any of the requirements, certifications, or qualifications
for the position involved.
2. False statement by the applicant on the application with regard to any material facts,
or any deception or fraud in securing eligibility or appointment.
3. Any fraudulent practice by the applicant in connection with any phase of the
recruitment and selection procedure.
4. Physical or mental inability to perform the essential functions of the position with or
without reasonable accommodation.
5. Criminal record of the applicant. Conviction of a crime related to the position may
disqualify the applicant.
6. Failure to complete, sign or submit a legible and professional application within the
prescribed time limits.
7. Failure to provide requested documentation to prove education, training, required
certificated, etc.
8. Is a current user of illegal drugs.
9. Is a relative of an employee, and is subject to the Nepotism Policy in Section R below.
10. Used or attempted to use political pressure or bribery to secure an advantage in the
examination or appointment.
11. Directly or indirectly obtained information regarding examinations.
12. Has had his or her privilege to operate a motor vehicle in the State of California
suspended or revoked, if driving is job related.
13. For any material cause which in the judgment of the Human Resources Director or
designee would render the applicant unsuitable for the position, including a prior
resignation from the City of Gilroy, termination from the City of Gilroy, or a
significant disciplinary action.
D. COMPETITIVE EXAMINATIONS: The relative merit of applicants for appointment or
promotion may be determined by competitive examination. Competitive examinations shall
be designed to reveal the applicant's skills, abilities, and knowledge in the task elements of the
job. Examination will be directed toward traits or characteristics demonstrably related to
actual performance of the job, as well as customer service and interpersonal skills.
Examinations shall be administered fairly to all participating applicants. The identity of
Page 12 of 69
applicants shall not be revealed until after the passing score has been determined. Prior to
examinations, applicants may be required to show proof of identity and/or special skills as
required for the position.
Examinations shall consist of written, oral and perlormance tests, as required by the
classification and shall be solely within the discretion of the Human Resources Director.
Failure in one part of the examination, or to meet established standards described in the job
announcement, may be grounds for declaring such applicant as failing in the entire
examination or as disqualified for subsequent parts of an examination. (Refer to Section IV,
P. for information related to promotional lists. )
E. ORAL BOARDS: All oral board lists shall be submitted to the Human Resources Director
for review and approval before the final oral board is selected and invited to participate. All
Oral Boards will be structured in the following manner:
At least two (2) people from outside agencies or the community.
At least one (1) person that is a City employee. The Human Resources Director may
select an appropriate alternate if using a City employee would pose a conflict.
There may also be an observer from the hiring department. The outside agency and employee
oral board members are typically chosen by the hiring department with approval from
Human Resources. The community member is typically selected by the Human Resources
Department. The names and contact information for department selected raters will be
delivered to the Human Resources Department by the closing date on the flyer or other
agreed upon date in the recruitment schedule. The Human Resources Department will send
letters to the oral board members announcing the time and place of the interviews. With the
approval of the Human Resources Director, an oral board interview may continue with two
panel members if there is a last minute cancellation by a member of the panel. Human
Resources shall take appropriate and reasonable steps to replace an oral board member if
time allows.
ASSESSMENT CENTERS are an alternative to Oral Boards. They identify potential
talented City employees. Observers watch and record their impressions of candidates'
behavior, in detail, as the candidates complete a number of exercises. Each assessor writes a
report on each candidate and these reports are used as part of the selection or promotion
process.
F. ELIGIBLE LISTS: Applicants participating in the selection process shall be ranked on an
Eligible List in categories of "Outstanding", "Satisfactory", or "Unsatisfactory". All
applicants, including those failing the selection process, shall be notified of their status.
Those placed in either the "Satisfactory" or "Outstanding" categories will be placed on the
Eligible List, but will not be listed by rank.
Page 13 of 69
With the approval of the Human Resources Director, individuals on an eligible list may
request and be placed on a lower classification eligible list providing the functions are similar.
All eligible lists shall remain in force for one (1) year, unless exhausted before that time. An
eligible list may be extended by the Personnel Commission on the recommendation of the
Human Resources Director and the City Administrator for an additional year.
An eligible list shall be deemed exhausted when there are four or less names on the list or the
Department Head declines to make a selection from any name on a list to fill an existing
vacancy. Upon approval of the Personnel Commission, a list may be declared exhausted at
any time upon written statement with supporting reasons from the Department Head.
The names of the eligible persons shall be removed from an eligible list for any of the
following reasons:
1. Request, in writing by the eligible person, for removal.
2. Inability to locate the eligible person within seven calendar days time by mail or by
phone. It shall be the responsibility of the candidate to keep the Human Resources
Department informed of their current address and telephone number. The Human
Resources staff will document attempts to reach the candidate.
3. Waiver by the candidate, of job offer.
4. Failure of any part of background investigations, which may be applicable.
5. Failure to pass the medical or psychological examination required prior to
appointment.
6. Establishment of any of the reasons for rejection of application as set forth in this
section of these Rules and Regulations.
G. REFERENCES In an effort to eliminate any City liability in providing references, the
employees of the Human Resources Department are the only employees authorized to provide
reference information related to any current or former City employee or volunteer. Also,
with the exception of the City Administrator, who is the designated Personnel Officer, all
other employees and volunteers are prohibited from providing any type of reference.
Employees and volunteers are directed to immediately notify the Human Resources
Department of any request for information regarding a current or former City employee or
volunteer.
Page 14 of69
1. EMPLOYMENT REFERENCES:
a. The Human Resources Department has the authority to verify, upon written
request from a prospective employer, information regarding a current or
former employee or volunteer. The date of employment/service, position title,
final rate of pay, and date of separation are the only pieces of infonnation that
will be provided.
b. The Human Resources Department may require that the affected employee or
volunteer, current or former, sign a written disclosure, authorization and
release prior to providing any information.
c. The Human Resources Department shall not provide job performance
information to third parties requesting a reference with the following
exceptions:
1. The City shall comply with all employee information requests
required by law. For example, an official subpoena or court order
for employee records that requires a City response.
2. Upon receipt of a fully executed release from liability signed by the
employee or volunteer that meets the requirements of the City, the
City will allow a third party to review the employee's or volunteer's
personnel file.
d. In the event of an official public safety officer background investigation, and
upon direction from the employee's Department Head, the City may provide
documents and respond to questions regarding an employee or volunteer as a
part of the official public safety background investigation. Such authorization
shall be granted in advance by the Human Resources Director prior to any
employee providing information to an outside party.
e. In exceptional circumstances only, the City Administrator as approved by legal
counsel may waive the limitations described above upon review and receipt of a
written employee waiver.
2. LOAN/CREDIT VERIFICATIONS
a. Provided that the current or former employees or volunteer has signed a full
written authorization and release that meets City standards, employment
information can be provided to financial institutions requesting employment
and salary information. All such requests must be submitted in writing by the
financial institution requesting the information.
1. The Payroll or Human Resources staff performing the payroll
Page 15 of 69
function, or his/her supervisor, shall complete the written request
for information.
2. Upon completion of the written request, the completed form and
signed release shall be provided to the Human Resources
Department for verification. Upon verification, the Human
Resources Department shall forward the salary and employment
information to the financial institution.
3. The Human Resources Department shall retain a copy of the
information provided to the financial institution in the event a
question arises in the future about the information that was
provided. These records shall be retained for a period of two years
from the date that the information was provided.
H. BACKGROUND/REFERENCE CHECKS ON CANDIDATES FOR EMPLOYMENT: When
a Department is ready to perform a reference and/or background check on a prospective
employee, a memo from the Department shall be submitted to the Human Resources Director
naming the applicant whose background needs to be checked. With the approval of the
Human Resources Director, the reference /background check may begin.
The reference /background checking process for each candidate/position shall be determined
by the Human Resources Director. The process may include any or all ofthe following: a
Department of Justice Criminal Records Check, drug screen, reference checks, credit check,
complete background investigation, modified background investigation, local records check,
review of personnel file(s), and any other step deemed appropriate to ensure that the City
makes sound hiring decisions. The Human Resources Director may waive any or all steps of
the background checking process for current full-time employees of the City.
When a reference check or background investigation is completed, the information shall be
submitted to the Department Head and Human Resources Director for review and approval.
If the candidate is approved for hire, the Human Resources Director shall prepare a
conditional job offer upon the recommendation of the Department Head. Medical and
psychological exams will be conducted after conditional job offers have been made.
I. APPOINTMENT FROM ELIGIBLE LISTS: To initiate action for an appointment, the
Department Head shall contact the Human Resources Director who shall furnish the
appropriate eligible list( s). The Department may be provided a comparable eligible list to fill
a vacancy for a like position at the discretion of the Human Resources Director. The
Department Head shall have a choice of any of the applicants in the "outstanding" and
"satisfactory" group to fill the current vacancy.
If the appointment cannot be made from the "outstanding" group or the satisfactory group,
the Department Head will so inform the Human Resources Director in writing stating the
Page 16 of69
reason for non-appointment. If the Department Head selects a candidate for appointment,
the Human Resources Department will make a written job offer to the candidate with a copy
to the hiring manager.
J. MEDICAL EXAMINATION: All appointments to the City Service shall be subject to a
medical (including drug screen) examination conducted by the City's medical examiner after a
conditional job offer is made. An employee who, in the opinion of the medical examiner, is
physically or mentally incapable of performing the essential functions of the job as
documented in the position description after consideration of reasonable accommodation,
may have his/her conditional job offer revoked.
K. FINGERPRINTS: Fingerprints shall be taken of all new full-time employees, contractual
and part-time employees for purpose of a Department of Justice criminal records check. All
employees shall be enrolled in the Department of Justice Subsequent Arrest Notification
System.
L. PROBATIONARY PERIOD: An appointment made from an eligible list shall be as follows:
1. Safety: The probationary period for newly hired employees shall be eighteen (18) months.
The probationary period for promotions shall be twelve (12) months.
2. Non-Safety: The probationary period for newly hired employees in the Miscellaneous and
Supervisory Units shall be twelve (12) months with the exception of Public Safety
Communicator and Senior Public Safety Communicator positions which shall be eighteen
(18) months. The probationary period for promotions of regular employees shall be six
(6) months unless otherwise specified in a job description. For example, the probationary
period for a newly appointed Maintenance Worker I is twelve (12) months even if that
employee moved up in to that position from the Maintenance Worker Assistant job
classification.
a. With the exception of the Fire Department, as noted in the IAFF, Local
2805 MOU, upon recommendation of the Department Head, the City
Administrator may extend the probationary period for any particular
employee for an additional six (6) months period. The Department Head,
prior to the completion of an employee's probation period, shall
recommend in writing to the City Administrator, whether to extend an
employee's probation, grant the employee regular status or termination.
b. An employee may be removed at any time during their probationary period
upon written recommendation by the Department Head and approval of
the City Administrator. Such employee has no right to hearing or appeal.
c. The Human Resources Director, upon approval of the City Administrator,
may reinstate to the eligible list any probationary employee whose service
has been terminated if there appears to be adequate basis for anticipating
Page 17 of69
that the employee might render satisfactory service III any other
department which, in the future, may make use of the eligible list. The
name of such an eligible person shall be omitted from future certification to
the department from which he or she was removed.
3. Temporary, part-time and provisional employees are at-will and will have a continuous
probationary period while employed by the City in that capacity, and are not eligible for
benefits, with the exception of the part-time retirement system.
M. PROVISIONAL APPOINTMENTS: When an eligible list for a particular classification is
not available, provisional appointment at an hourly wage for a period not to exceed ninety
(90) calendar days may be made by the Department Head on approval from the City
Administrator. Provisional appointees shall be selected from applicants for the position who
meet the minimum qualification requirements for the position. Upon justification by the
Department Head concerned, the City Administrator may extend a provisional appointment
to meet a current need up to an additional ninety (90) days. Provisional appointees desiring
regular status must participate in recruitment for that position.
N. TEMPORARY APPOINTMENTS: A full time employee may be assigned on a temporary
basis, for a period not to exceed twelve (12) months, to an open position in a different,
established classification on written recommendation of the Department Head and approval
of the City Administrator. The temporary appointee must participate in the established
recruitment procedures before the position becomes regular.
O. CONTRACTUAL SERVICES: Full-time or part-time, temporary employees may be hired
through "temporary agencies" to meet immediate and/or short term workload needs of the
City. The services of contract employees may be obtained only through the Human Resources
Department.
P. PROMOTIONAL LISTS: If there is an applicable Promotional List available for filling a
vacancy, such list shall be utilized before the open competitive list may be used. If there are
four or less eligible persons on the Promotional List, or the Department Head declines to
make an appointment, then, with proper written justification to the City Administrator, the
list can be abolished by the Personnel Commission. When no Promotional List is available to
fill a vacancy, the recruitment process described earlier in this section shall be held to
establish such a Promotional List.
Members of the Fire Bargaining Unit shall be notified in advance of promotional
examinations, through the job announcement, of the job requirements, testing, and scoring
procedures to be utilized, and recommended study materials, if any.
For members of the Police Bargaining Unit, examinations for promotional appointments may
include oral interviews, assessments, and written examinations (study and reference materials
must be listed on the announcement flyer). Members who participate in the written
examination process, may, in confidence, review their scores for each segment of the written
Page 18 of 69
examination. Refer to GPD Procedure Order No. 4.2 for additional details on the promotion
process.
When an employee, who has been appointed on a promotional basis, does not satisfactorily
complete the probationary period, he or she shall be reinstated to his or her previous
classification, salary range, and step unless the performance justifies termination. If the
previous classification has been filled, then the person filling the position must return to his
or her prior position and so forth until the most recent individual hired to fill the vacancy
caused by the promotion returns to the appropriate eligible list and waits for the next open
position for appointment.
Q. EMPLOYEE PERFORMANCE APPRAISAL (EP A): It is the policy of the City of Gilroy to
encourage and facilitate a program of evaluation and training in the interest of employee
efficiency and as an aid to qualify for advancement. Department heads shall periodically rate
the performance of each employee; provided, however, the department heads may delegate
the responsibility for rating the performance of specified employees in their departments to
that employee's supervisor. Interim reports may be completed as necessary when changes in
work performance occur. Each employee shall be informed in such reports of his or her
strengths and weaknesses. Each performance report shall be discussed with the employee.
The Employee shall sign the report to acknowledge receipt. Such signature shall not
necessarily mean he or she fully endorses the contents of said report. The performance
reports shall not be subject to any grievance and/or appeal procedure, with the exception of
employees in the Miscellaneous and Supervisory Units who may appeal an overall rating of
less than satisfactory to the City Administrator. There shall be no other form of appeal. All
regular, full time employees and part time employees working twenty (20) hours per week or
more on an ongoing basis receive annual EPA's.
Page 19 of 69
Performance Evaluation Flow Chart:
EPA Status
Report Routed
to each
Department
Head each
month by the
Human
Resources
Department
Department
Head
forwards
review to the
Human
Resources
Department
with all
required
signatures by
the due date
on the EPA
Status Report.
If a merit
. ,
Increase IS
recommended
and approved
in accordance
with the
salary plan,
then Human
Resources
prepares the
appropriate
HRAF and
forwards to
payroll.
EPA
forwarded
on to next
level
manager for
review and
Supervisor Employee signature
conducts signs and and further
Supervisor/Manager review with dates EP A passes on
the employee ( documenting review to
completes EP A and receives receipt) and higher level
feedback from may add managers in
the employee. comments. chain until
such review
is reviewed
and signed
by the
department
head.
Human
Resources I f forwarded
either signs for
Human the review corrections,
Resources and forwards then prior
Human Resources reviews EP A it on to the steps are
logs the EP A in for City repeated
noting the date completion Administrator until EP A is
received. and salary for signature returned to
plan or returns the Human
compliance. review to the Resources
Department for
Head for signature.
corrections.
If no merit increase
is recommended, or
employee is at the
top of the pay
ange, then the EP A
is copied and routed
to the employee
with the original
placed in the
employee's Human
Resources File.
If a merit
increase is
recommended
then the EP A
and HRAF are
copied and
routed to the
employee
with the
originals
placed in the
employee's
Human
Resources
File.
Page 20 of 69
R. NEPOTISM:
1. ""The City Council shall not appoint to a salaried position under the City government
any person who is a relative by blood, or marriage within the third degree of any
member of the Council, nor shall any Department Head or other officer having
appointive power appoint any relative of a member of the Council or himself within
such degree to any such position." (CHARTER SECTION 810).
2. No person shall be appointed or promoted to a position in any department in which
such person's relative already holds a position, when such employment would result in
any of the following:
a. A supervisor/subordinate relationship in which one person exercises the right
to control, direct, reward or punish another person by virtue of the duties and
responsibilities assigned to his or her position;
b. The employees having job duties which require performance of shared duties
on the same or related work assignment;
c. Both employees having the same supervisor.
3. For purposes of this section, certain words and phrases will have the meanings set
forth herein:
a. ""Relative" means spouse, child, stepchild, foster child, parent, grandparent,
grandchild, sibling, aunt, uncle, niece, nephew, parent-in-law or brother/sister-
in-law, another individual related by blood or marriage living in the same
household as a City employee and domestic partner living with the employee in a
spousal-type relationship.
b. ""Employee" means any person employed for wages by the City.
c. ""Espousal-type Relationship" means two people living together, sharing bed and
board, sharing financial, recreational and social activities together, along with the
normal cares and woes of being a couple and/or a family, without the benefit of a
marriage license or marriage ceremony, commonly known as ""living together. "
d. ""Work-Site" means a place where majority of work time is spent. Work site can be
a specific City building or out in the field at a variety of sites as determined by the
Department Head.
e. ""Chain of Command" means your direct supervisor, your direct supervisor's
supervisor, etc. up through Department Head and ending with the City
Administra tor.
Page 21 of 69
f. "Supervisor" means an individual who provides direct supervIsIon or who
conducts performance evaluations and/or provides immediate direction to an
employee on a regularly scheduled basis or one who provides more than twenty-
five percent (25%) supervision of regular work assignments when a direct
supervisor is not available or able to provide supervision.
g. "Related Work Assignment" means two or more employees who perform joint
duties, share responsibility, function in the same chain of command, or work on
the same shift at the same work site.
4. Marital Status: It is the policy of the City of Gilroy not to discriminate in its
employment and personnel actions with respect to its employees, prospective
employees, and applicants on the basis of Marital Status. No employee, prospective
employee, or applicant shall be improperly denied employment or benefits of
employment on the basis of his or her marital status. This policy applies to the
selection of persons for a training program leading to employment in addition to the
above-designated persons.
Marital status is defined as an individual's state of marriage, non-marriage, divorce or
dissolution, separation, widowhood, annulment, or other marital state for the purpose
of this anti-discrimination policy.
Spouse is defined as a partner in marriage as defined in California Civil Code Section
4100 or domestic partner (as set forth in Family Code ~ 297 et seq.).
Notwithstanding the above provisions, the City of Gilroy retains the right:
a. To refuse to place a spouse under the direct supervision of the other spouse where
such has the potential for creating adverse impact on supervision, safety security,
or morale.
b. To refuse to place both spouses in the same department, division, or facility where
such has the potential for creating adverse impact on supervision, safety, security,
or morale, or involves potential conflicts of interest.
c. To maintain or adopt bona fide health plans which provide additional or greater
benefits to employees with dependents than to those employees without or with
fewer dependents.
5. If continuing employment of the two spouses cannot be accommodated consistent with
the City's interest in promotion of safety, security, morale and efficiency, then the
City retains sole discretion to separate one spouse from City employment. Absent
resignation by one affected spouse, the less senior of the involved spouses will be
dismissed; which dismissal shall not be considered disciplinary or subject to any
administrative appeal.
Page 22 of 69
6. ""Relatives" of current City employees will not be hired to fill positions in City
Administration or the Human Resources Department due to the potential for conflict.
However, if an employee working in City Administration or the Human Resources
Department marries or enters into an espousal-type relationship with another
employee after they are hired by the City, then the City Administrator reserves the
right to evaluate the situation, positions held, potential for conflict, etc., to determine
if both employees can remain employed in their current positions.
Page 23 of 69
SECTION V. SEPARATIONS and DISCIPLINARY ACTIONS:
This section discusses separations from City employment, whether voluntary or involuntary, as well
as employee misconduct and resulting disciplinary actions. In all disciplinary actions involving
police officers, the City shall honor and adhere to Government Code Section 3300 et. seq, the Police
Officers Bill of Rights,. Employees who are represented by an employee organization are subject to
the separation and disciplinary action provisions specified in the applicable MOU in addition to the
following provisions to the extent they do not conflict with the applicable Memorandum of
Understanding.
A. SEPARATIONS: This section defines all avenues of employment separation.
1. RESIGNATION: An employee who voluntarily resigns his or her position shall give
two weeks advance notice of this intention. Failure to give advance notice may cause
the employee to forfeit his or her rights to re-appointment. Resignation must be in
writing and filed with the Department Head. The Human Resources Director shall be
advised, by the Department Head, upon receipt of the written resignation. A
resignation becomes final when submitted to the Department Head, Manager or
Human Resources. The City reserves the right to determine whether a resignation can
be withdrawn.
a. Reinstatement: A regular employee who has resigned, or has otherwise been
separated while in good standing, may be considered for reinstatement, upon
recommendation of the department head and approval of the City Administrator,
to a position in the former employee's classification for a period of two (2) years
after resignation or separation. Reinstatement shall require all normal pre-hiring
steps, including, but not limited to, submission of an updated City of Gilroy
employment application, an interview with the hiring manager, a detailed
background and/or reference check, an updated Department of Justice criminal
records check, a post-offer psychological evaluation, a post-offer medical
evaluation, and a drug screen. The former employee requesting reinstatement
must successfully complete all required steps prior to receiving a final offer of
reinstatement. The employee shall be reinstated to the salary range and step held
at the time of resignation or separation and shall receive a new anniversary date
which shall be the first date of employment upon reinstatement. The employee will
serve a new probationary period.
2. RESIGNATIONIUNAUTHORIZED ABSENCE WITHOUT NOTIFICATION:
Absence, without notification and justifiable reason, or without having properly
applied for a Leave of Absence, for three consecutive working days shall constitute
abandonment of the employee's position and shall result in the employee's automatic
resigna tion.
3. DISMISSAL: Employees who are not in the competitive service, including part-time,
temporary, provisional, or probationary employees may be terminated without cause
Page 24 of 69
or right of appeal, at any time, on recommendation of the Department Head with
approval of the City Administrator.
Full-time, regular employees, including those serving on a promotional probation
basis, may be terminated for just cause as provided in sub-section B of this section,
with full rights of appeal as defined in Section VI of these Rules and Regulations.
Department Heads have the authority to make all appointments, removal, and
disciplinary action decisions. Prior to making the final decision for these actions,
Department Heads will be required to consult with Human Resources Director. The
City Administrator shall impose discipline on Department Heads.
4. LAYOFF: The City Council may abolish any position in the General and Competitive
service due to lack of funds, lack of work, reorganization or need.
a. PROCEDURE: The layoff of employees resulting from the elimination of
positions shall be governed by the following procedure:
1) Layoffs shall be made from within the affected department and job
classification, in reverse order of total continuous time in that classification,
including any period of probation, paid leave or active military leave. Except
as regards military leave, no service credits shall be earned during any leave of
absence without pay in excess of thirty (30) days. Where time in service is
equal between two (2) or more affected employees, their performance
evaluations shall serve as the determining factor.
2) The order of layoff in the affected department and classification or
classifications shall be:
a) Temporary/Seasonal employees
b) On-going part-time employees
c) Probationary employees
d) Regular status full-time employees
3) The treatment of personnel employed by means of State or Federal grant
monies shall be in accordance with regulations for retention as established by
the grantor. In the absence of such regulations, these rules shall govern
treatment of such personnel.
4) Probationary and regular employees III the Competitive Service who, as
described above, are scheduled to be laid off shall receive at least thirty (30)
days written notice to this effect.
5) In lieu of layoff, an employee may elect transfer or demotion to a vacant
position in the Competitive Service which the City intends to fill and for which
Page 25 of 69
the employee, in the judgment of the Human Resources Director, is qualified.
In no event shall transfer or demotion result in an employee being placed in a
classification carrying a higher maximum rate of pay.
6) Within ten (10) days from the date layoff notices are issued, an employee who
would otherwise be laid off may elect to displace an employee in a classification
carrying a lower or the same maximum rate of pay; provided, however, that the
displacing employee must have held regular status in such classification and
department and have greater total time in the General and Competitive service
than the employee being displaced.
A probationary or regular employee displaced in accordance with this
paragraph shall, in turn, be provided the same notice and "bumping" privilege
as set forth in this paragraph.
b. RE-EMPLOYMENT PROCEDURE:
1) A re-employment list will be established in the inverse order of layoff within
classification within each department. Persons on this list will be afforded first
opportunity for appointment to any future employment in said class. Laid off
employees are responsible for keeping the Human Resources Department
apprised of their current mailing address.
2) A regular employee laid off shall, at his or her request, be placed on a re-
employment list for his or her former classification and department. Where
more than one employee in the same classification is laid off, the names of such
employees shall be placed on this list in accordance with the date of layoff. If
an opening occurs for a department other than that from which the employee
was laid off, the Human Resources Director shall determine if the employee is
qualified to fill the position.
3) Employees placed on such a list shall remain eligible for recall for a period of
eighteen (18) months from the effective date oflayoff. Re-employment may be
in the employee's former classification or in a comparable classification which
does not carry a higher maximum rate of pay and which the employee is
qualified to perform as determined by the Human Resources Director. The
laid off employee shall have five (5) business days in which to accept a written
offer of employment from the City of Gilroy. The acceptance letter shall be
filed in writing with the Human Resources Director. The position may be filled
through other means if the employee contacted does not provide a written
acceptance letter in the five (5) business days noted above.
4) An employee refusing re-employment in either his or her former classification,
or in a comparable classification for which he or she is qualified, shall
automatically be removed from the re-employment list.
Page 26 of 69
5) If an employee is re-employed from such a list, all service credits and sick leave
accrued to the date of layoff shall be restored. Since all other leave benefits
were paid at the time of layoff, they will not be restored upon re-employment.
6) At the time of layoff, the employee's name shall be removed from all
promotional eligible lists, but, at the employee's request, shall be retained on
open competitive lists.
7) Prior to the effective date of Layoff, the Department Head shall furnish Human
Resources with a final evaluation of the employee's performance.
5. RETIREMENT: All eligible employees shall retire as set forth in the requirements
of the established retirement plan (PERS). Retirement benefits for full-time and
part-time regular employees are specified in the Benefits Section VIII.E.
6. EXIT INTERVIEWS: When a full-time employee departs the services of the City,
voluntarily or otherwise, he or she may be asked to participate in an Exit Interview.
The purpose of the Exit Interview is to provide management at all levels with insight
into favorable and unfavorable aspects of the job from the employee's perspective,
benefit from any suggestions the employee may have, and document the reason for
leaving City services as perceived by the employee.
Normally the Human Resources Director or his/her designee will conduct the exit
interview. When circumstances make it advisable, the Human Resources Director
may request that the Department Head or Manager conduct the interview.
The City provides an Exit Interview form (available from Human Resources) on which
the interviewer records a summary, not necessarily verbatim, of the employee's
comments. The employee is requested to initial the form. The completed form is
subsequently initialed by the Department Head (if not the interviewer) and submitted
to the City Administrator.
Concurrently with the above, the Department Head and/or Manager completes a
Department Head Comments form, available from Human Resources, which records
their perceptions of the employee and other aspects of the employment experience.
Upon completion, both forms are submitted to the City Administrator and
subsequently filed in the individual's human resources file.
B. DISCIPLINARY ACTIONS:
1. CAUSES for DISCIPLINARY ACTION: It is not possible to provide employees a
complete list of every possible type of disciplinary offense. However in order to
provide employees guidance concerning unacceptable behavior, causes for removal,
suspension, demotion/reduction in payor other disciplinary action may include, but
Page 27 of69
not be limited to, malfeasance, willful misconduct, incompetence, and/or inefficiency
as used in Section 1003 of the City Charter and shall include, but not be limited to,
any of the following:
a. Conviction of a felony or a misdemeanor involving moral turpitude, including
a conviction following a plea of "no contest".
b. Conduct unbecoming an officer or employee of the City, either on or off duty.
Officers or employees shall be governed by the ordinary and reasonable rules
of behavior observed by law-abiding and self-respecting citizens and shall
commit no act, either on or off duty, tending to bring reproach or discredit to
the City.
c. Violation of any lawful official regulation or order; insubordination, a willful
failure to submit to duly appointed and acting supervision, a failure to
conform to or a failure to abide by a lawful order or lawful direction made by
a supervisor or as contained in City or department policy; or insulting or
demeaning the authority of a supervisor or manager.
d. Reporting for duty or being on duty under the influence of any illegal,
prescription, or over-the-counter intoxicant or drug, or absenting oneself from
duty or rendering oneself unfit to perform fully one's duties for reasons
attributable to, or produced by, indulgence in intoxicants or drugs.
e. Documented incompetency (i.e. inability to comply with the minimum standard
for an employee's position for a period of time) or inefficiency (i.e. failure to
perform the duties required of an employee within his/her position for a period
oftime), in the performance of required duties.
f. Carelessness or negligence with the monies or other property of the City, or
appropriating for their own use any property of the City, or loaning, selling, or
giving away such property without authorization.
g. Actions prohibited by Government Code Section 3201, et. seq. in Chapter 9.5,
entitled "Political Activities of Public Employees" (copies from Human
Resources upon request). Employees shall not, while on duty, take an active
part in any political campaign on behalf of any candidate, or seek signatures
on any petition seeking to advance the candidacy of any person for any office
or attempting to influence the vote of another employee for or against any
candidate.
h. Inducing, or attempting to induce an officer or employee in the service of the
City to commit an unlawful act or to act in violation of any lawful departmental
or official regulation or order.
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1. Acceptance from any source of a reward, gift, or other form of remuneration in
addition to regular compensation to an employee for the performance of his or
her official duties in violation of City policy.
J. Knowingly (knew or should have known) making any false statements,
certificates, marks, ratings, or reports on any public record including but not
limited to time cards, or in any manner committing or attempting any fraud.
k. Knowingly (knew or should have known) making any false statements
concerning any employee, the City, or the City's policies or practices, or
presenting any false certificates, ratings, or any other false information in
connection with the selection process or any other City process.
1. Engaging in conduct which violates the City of Gilroy Harassment Prevention
Policy as noted in Section IX of these Rules and Regulations.
m. Possessing or bringing unauthorized firearms, weapons, alcohol, or illegal
drugs onto City property unless authorized to do so in the performance of your
job duties (i.e. sworn law enforcement functions).
n. Knowingly (knew or should have known) disclosing unauthorized information
deemed confidential by law or City policy.
o. Actual or threatened physical violence towards another employee or any other
person while on duty (an exception to this would be safety personnel in the
performance of job duties consistent with City or Department policy).
p. Violating safety or health rules or practices or engaging in conduct that creates
a safety or health hazard. (Note: safety rules may vary by department and job
function. )
q. Excessive absenteeism as defined in Section VII, 2, e of these rules.
r. Absence without approved leave.
s. Outside employment not previously authorized by the City.
t. Fraud or any form of dishonesty in securing employment or making a false
statement on an application for employment.
u. Dishonesty involving employment including, but not limited to, knowingly
providing false information to a supervisor, manager or investigator; OR
withholding information from a supervisor, manager or investigator when
asked to provide such information.
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v. Repeated or gross discourteous and/or rude treatment of the public or other
employees.
w. Refusal to subscribe to any oath or affirmation which is required by law in
connection with agency employment.
x. Working overtime without authorization.
y. Violation of policies, rules or regulations published by the City or the
employee's department.
z. The refusal of any officer or employee of the agency to testify under oath
before any Grand Jury having jurisdiction over any then pending cause of
inquiry in which the investigation of government bribery or misconduct in
agency office is involved shall constitute of itself sufficient ground for
immediate discharge of such officer or employee.
The City Administrator has vested the right to initiate disciplinary actions with the City
Department Heads. Employees excluded from these rules as set forth in Section I.B. are
subject to dismissal without cause and have no right to hearing and/or appeal (except as
provided for Departments Heads in Section VI.A), therefore, these provisions do not apply
to them.
2. TYPES OF DISCIPLINE:
a. REPRIMAND: A disciplinary action may consist of a written reprimand. A
written reprimand may be issued by the Department Head, or his or her
designee, to an employee to make him or her aware of an offense not serious
enough for suspension, demotion, or dismissal.
b. SUSPENSION: A suspension is a temporary separation from City service
without pay, levied as a penalty for an offense where the cause is not
sufficiently grave for dismissal. FLSA exempt employees shall not be subject
to suspensions of less than one work week.
c. DEMOTION: A demotion is a change from one job classification to another
job classification with a lower rate of pay for disciplinary reasons. For
employees covered under Government Code Section 3303, discipline includes
transfers for purpose of punishment. Note: This does not include regularly
scheduled assignment changes made by the Chief of Police. (Refer to GPOA
MOD and GPD Procedure Order Number 5.4 - Rotation of Special
Assignments and GPD Procedure Order Number 1004-SpeciaIAssignments.)
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d. REDUCTION IN PAY: A reduction in pay is a decrease in salary to a lower
step within the salary range for disciplinary reasons. FLSA-exempt
employees are not subject to a reduction in pay.
e. DISMISSAL: A dismissal consists of involuntary employment termination.
3. PROCEDURE FOR DISCIPLINE:
a. Immediate Suspensions: The City reserves the right to suspend, with or
without pay, in its sole discretion, any employee immediately upon oral notice
when it is determined that the employee is a danger to himself or fellow
employees, or to City property, and/or where the employee is accused of job
offenses such as being under the influence of drugs or alcohol, theft, assault,
drug abuse, moral turpitude, or insubordination.
Disciplinary proceedings will be initiated by the Department Head within two
(2) working days of the suspension.
b. Disciplinary procedures for dismissal, demotion or suspension, or reduction in
pay:
1. Notice of Intent to Discipline: The appropriate authority shall give the
employee a written notice of intent to discipline which sets forth the
following:
a. The disciplinary action intended;
b. The specific charges upon which the action is based;
c. A factual summary of the grounds upon which the charges are
based;
d. Identification of all written materials upon which the discipline is
based;
e. Notice of the employee's right to respond to the charges either
orally or III writing to the appropriate authority, including
identification of the date, time and person before whom the
employee may respond in no less than five (5) working days;
f. Notice that failure to respond by the time specified shall
constitute a waiver of the right to respond prior to final
discipline being imposed.
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2. Response by Employee: The employee shall have the right to respond to
the appropriate authority orally or in writing and with or without a
representative. The employee's response to the intended disciplinary
action shall be considered before final action is taken.
3. Final Notice of Discipline: After the consideration of the employee's
response or the expiration of the employee's time to respond to the notice of
intent, the appropriate authority shall either:
a. dismiss the notice of intent and take no disciplinary action against the
employee; or
b. modify the intended disciplinary action; or
c. prepare and serve upon the employee a final notice of disciplinary
action which shall include the following:
1) The disciplinary action taken;
2) The effective date of the disciplinary action taken;
3) Specific charges upon which the action is based;
4) A summary of the facts upon which the charges are based;
5) The written materials, reports and documents upon which the
disciplinary action is based;
6) An explanation of appeal procedures.
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SECTION VI. GRIEVANCE AND DISCIPLINARY /APPEAL PROCEDURES
Regular full-time employees have the right to file disciplinary and grievance appeals pursuant to this
section. Bargaining Unit Employees may elect to present a grievance pursuant to the contract
grievance or discipline procedure in the applicable MOU if one exists.
A. EMPLOYEE DISCIPLINARY ACTION APPEAL PROCEDURE: The City Administrator
has vested the right to initiate Disciplinary Actions with the City Department Heads. If an
employee is the subject of a disciplinary action resulting in dismissal, suspension, reduction in
payor demotion, he or she shall be afforded an opportunity for a hearing regarding such
disciplinary action. All employee disciplinary action appeals shall be in writing, dated, and
signed by the employee.
Specifically excluded from the disciplinary appeals process are employee evaluations, written
reprimands, verbal reprimands and/or counseling, and merit salary increases.
Employees are, however, entitled to submit a reasonable amount of rebuttal material to be
attached to performance evaluations and/or written reprimands with which they disagree.
Employees have thirty (30) days from the date they received the employee performance
appraisal or written reprimand to submit a reasonable amount of rebuttal material for
attachment to the document that has been placed in the employee's human resources file.
Public Safety employees have the choice of appealing disciplinary actions under their MOU
Contract Grievance Procedure if one exists. An employee who chooses to use the MOU
Contract Grievance Procedure thereby waives any right to a hearing under these rules and
regulations.
1. REQUEST FOR HEARING
Within ten (10) calendar days after final notice of suspension, reduction in pay,
demotion or dismissal, the employee or the employee's representative may file an
appeal in writing to the Human Resources Director. If, within the ten (10) calendar
day filing period, the employee does not file said appeal, unless good cause for the
failure is shown, the disciplinary action shall be considered final. The appeal shall
include the following:
a. An admission or denial of each charge with an explanation why the charge is
admitted or denied.
b. A statement of any affirmative defenses.
c. A statement that the employee disagrees with the penalty with an explanation of
why the employee disagrees.
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d. The employee's current address.
e. A request for a hearing.
Failure to provide this information may result in the appeal not being processed.
2. SCHEDULING OF HEARING
Upon receipt of the request for an appeal, the City Administrator, or his/her designee,
shall schedule a hearing before the Personnel Commission. The appeal hearing shall
be set not less than twenty (20) working days nor more than sixty (60) working days
from the date of the filing of the appeal. All interested parties shall be notified in
writing of the day, time, and place of the hearing at least ten (10) working days prior
to the hearing.
3. PRIVATE OR PUBLIC HEARINGS
All hearings shall be private; provided that the employee may request a hearing open
to the public. Any request for an open hearing shall be submitted five (5) working
days prior to the hearing date or the hearing will be closed.
4. PRE-HEARING PROCEDURE
a. Subpoenas - The Personnel Commission is authorized to issue subpoenas at the
request of either party prior to the commencement of the hearing. Mter the
commencement of the hearing, the Commission shall issue subpoenas only for good
cause. The Human Resources Department will prepare subpoenas for all
witnesses; however, they will only serve subpoenas on individuals who are not
currently employed by the City. It will be the responsibility of the employee and
the City to submit the names of current City employees to be subpoenaed at least
ten (10) working days before the date of the hearing in which they are requesting
the witnesses to appear.
b. Exhibits and Witness Lists - Five (5) working days prior to the date set for the
hearing, each party shall serve upon the other party and submit to the Human
Resources Department a list of all witnesses and a list and copy of all exhibits. An
Original and nine (9) copies of the exhibits shall be presented to the Human
Resources Department in 3 hole notebooks which are tabbed down the side with
the exhibit numbers. The employer's exhibits shall be designated by number. The
employee's exhibits shall be designated by alphabet letter. Neither party will be
permitted to call during the hearing, a witness not identified pursuant to this
section nor use any exhibit not provided pursuant to this section unless that party
can show that they could not reasonably have anticipated the prior need for such
witness or such exhibit.
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5. SUBMISSION TO THE PERSONNEL COMMISSION
Five (5) working days prior to the date set for the hearing, the Human Resources
Department shall present each member of the Personnel Commission with a copy
of the jurisdictional documents. Those documents include the notice of intent to
take disciplinary action, the final notice of disciplinary action and any response
from the employee to these documents. The Commission shall not be provided
with copies of the exhibits.
6. RECORD OF PROCEEDINGS AND COSTS
a. Court Reporter - All disciplinary appeal hearings may, at the discretion of either
party or the Commission, be recorded by a court reporter. Any hearing which
does not utilize a court reporter shall be recorded by audio tapes. If a court
reporter is requested by either party, that party shall pay the cost of the court
reporter. If both parties request a court reporter the cost will be split equally. If
the Commission requests the court reporter, the City shall pay the cost of the
reporter.
b. Employee Witness Compensation - Employees of the City who are subpoenaed to
testify during working hours will be released with pay to appear at the hearing.
The Commission may direct that these employees remain on call until called to
testify. Employees who are subpoenaed to testify during non-working hours will
be compensated from the time the employee is required to be at the hearing. Refer
to applicable MOU for call back pay language if employee is called back outside of
normal work schedule to testify.
7. CONDUCT OF THE HEARING
a. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses but hearings shall be conducted in a manner most
conducive to determination of the truth.
b. Any relevant evidence may be admitted if it is the type of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence that shall not be sufficient in itself to support a finding unless it
would admissible over objection in civil actions.
d. The rules dealing with privileges shall be effective to the same extent that they are
now or hereafter may be recognized in civil actions.
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e. Irrelevant and unduly repetitious evidence may be excluded.
f. The Personnel Commission shall determine relevancy, weight and credibility of
testimony and evidence. Decisions made by the Commission shall not be
invalidated by any informality in the proceedings.
g. During examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon motion of either party.
8. BURDEN OF PROOF
In a disciplinary appeal the employer has the burden of proof by preponderance of
the evidence.
9. REQUEST FOR CONTINUANCE
Each side should be asked if it is ready to proceed. If either side is not ready and
wishes a continuance, good cause must be stated.
10. TESTIMONY UNDER OATH
All witnesses shall be sworn in for the record prior to offering testimony at the
hearing. The chairperson will request the witnesses to raise their right hand and
respond to the following:
""Do you swear that the testimony you are about to give at this hearing is the truth, the
whole truth and nothing but the truth?"
n. PRESENTATION OF THE CASE
The hearing shall proceed in the following order unless the Personnel Commission for
special reason directs otherwise:
a. The party imposing discipline (department) shall be permitted to make an opening
statement.
b. The appealing party (employee) shall be permitted to make an opening statement,
or reserve an opening statement until presentation of their case.
c. The party imposing disciplinary action (department) shall produce their evidence.
d. The party appealing from such disciplinary action (employee) may then offer their
evidence.
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e. The party imposing discipline (department) followed by the appealing party
(employee) may offer rebutting evidence, including the use of a rebuttal
witness( es).
f. Closing arguments shall be permitted at the discretion of the Personnel
Commission. The party with the burden of proof shall have the right to go first
and to close the hearing by making the last argument. The Commission may place
a time limit on closing arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of written briefs, the
Commission will determine whether to allow the parties to submit written briefs
and determine the number of pages of said briefs.
12. PROCEDURE FOR THE PARTIES
The party representing the department and the party representing the employee will
address their remarks, including objections, to the Chair of the Commission.
Objections may be ruled upon summarily or argument may be permitted. The Chair
reserves the right to terminate argument at any time and issue a ruling regarding an
objection or any other matter, and thereafter the representative shall continue with
the presentation of their case.
13. RIGHT TO CONTROL PROCEEDINGS
While the parties are generally free to present their case in the order that they prefer,
and the Chair reserves the right to control the proceedings, including, but not limited
to, altering the order or witnesses, limiting redundant or irrelevant testimony, or by
the direct questions of witnesses.
14. HEARING DEMEANOR AND BEHAVIOR
During the hearing, all parties and their attorneys or representatives shall not, by
written submission or oral presentation, disparage the intelligence, ethics, morals,
integrity or personal behavior of their adversaries or members of the Commission.
15. DELIBERATION UPON THE CASE
The Commission may choose to either deliberate the case in public or adjourn to
closed session to deliberate. The Commission will consider all oral and documentary
evidence, the credibility of witnesses, and other appropriate factors in reaching their
decision. The Commission may deliberate at the close of the hearing or at a later fixed
date and time.
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16. WRITTEN FINDINGS AND RECOMMENDED DECISION
The Personnel Commission shall render their advisory findings and recommended
decisions to the City Administrator as soon after the conclusion of the hearing as
possible, and in no event, later than fifteen (15) calendar days after concluding the
hearing, unless otherwise stipulated to by the parties. A finding must be made by the
Commission on each material issue.
The Personnel Commission may recommend the sustaining or rejecting of any or all of
the charges filed against the employee. The Commission may recommend sustaining,
rejecting or modifying the disciplinary action invoked against the employee. If the
Commission recommends reinstatement of the terminated employee, the employee is
only entitled to back pay as set forth in the decision. At a maximum this shall be pay
during the period of absence minus the sum the employee has earned during the
period of absence. If a dismissal is not sustained, the proposed decision shall set forth
a recommended effective date the employee is to be reinstated.
17. RECOMMENDATION TO THE CITY ADMINISTRATOR
The decision of the Personnel Commission is advisory to the City Administrator. The
proposed decision shall be filed with the charged employee, the department head and
the City Administrator, and shall set forth all findings and conclusions.
Either the employee or the department may file a written appeal to the findings and
recommended decision to the Commission within ten (10) working days of their
decision by filing exceptions thereto with the Human Resources Director.
The party desiring to contest the recommended decision of the Commission may
request a transcript for review by the City Administrator within ten (10) working days
of the Commission's decision. If the appealing party requests a transcript, that party
shall pay the cost of the transcript.
In accordance with City Charter section 1003, the Personnel Commission shall report
its findings and recommendations within fifteen (15) calendar days of the hearing to
the City Administrator for final decision. After considering all evidence available, the
City Administrator shall inform the employee concerned of his/her decision within
fifteen (15) calendar days from the receipt of the Personnel Commissions report.
The employee will be advised that he or she has the right to appeal the City
Administrator's decision to the City Council. If the employee wishes to have the matter
appealed to the City Council, he or she must so request in writing to the Human
Resources Director within ten (10) calendar days of the City Administrator's
notification of decision
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18. APPEALS TO THE CITY ADMINISTRATOR
a. As an alternative to the procedure described above, the employee shall have the
option of appealing the Department Head's decision directly to the City
Administrator, rather than to the Personnel Commission. Such appeal must be
made in writing to the City Administrator with ten (10) working days of
notification of the Department Head's decision. The City Administrator shall
grant a hearing, conducted as described above, to the employee who may be
represented by counsel at his or her own expense. The City Administrator shall
inform the employee of the decision in writing within fifteen (15) working days of
the hearing. An employee who chooses to appeal directly to the City
Administrator, thereby waives any right to a hearing by the Personnel
Commission.
b. The employee shall be notified that he/she has the right to appeal the City
Administrator's decision to the City Council by filing an appeal, in writing dated
and signed by the employee with the Human Resources Director within ten (10)
working days of the City Administrator's decision. Department Heads have the
right to appeal a. disciplinary action to the City Council following the same
procedures as described for employee appeals to the City Council.
19. APPEALS TO THE CITY COUNCIL
At the first regular Council meeting after the appeal to the Council is received by the
Human Resources Director, the City Council shall set a date and time to, in a
Personnel Session, closed or open at the option of the employee to review the records
and, findings of the City Administrator. The Council shall, within thirty (30) calendar
days after commencing its review of the Personnel Commission proceedings (if
applicable) and the City Administrator's action, make a decision adopting, modifying,
or revising the decision of the City Administrator. The decision of the Council shall be
final. The decision shall be transmitted to the employee appealing the disciplinary
action and to the department head. The decision shall be mailed to the employee with
a proof of service by mail that shows the date of service.
20. JUDICIAL REVIEW
a. Petition for Writ of Mandate - Judicial review of any decision of the City Council
may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only
if the petition for writ of mandate pursuant to such section is filed within the time
limits specified in this section.
b. 90 Days from Final Decision - Pursuant to Code of Civil Procedure 1094.6 any
such petition shall be filed not later than the ninetieth (90th) day following the date
on which the City Council gives written notice of the final decision on the proof of
serVIce.
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B. EMPLOYEE GRIEVANCE PROCEDURE: An employee shall have the right to present a
grievance pursuant to this procedure. Bargaining Unit Employees may elect to present a
grievance pursuant to the contract grievance procedure in the MOU if one exists. Employees
who proceed under this grievance procedure waive their right to proceed under the contract
grievance procedure in the applicable MOU. The employee may be represented by the
Association or an individual of the employee's choice at the formal steps of this grievance
procedure (excluding Step 1). If the representative is a fellow employee, that employee will
receive time off from his or her work assignment for the time of the grievance meeting or
hearing plus reasonable travel time. Forty-eight hours prior to the grievance meeting, the
employee shall inform the Human Resources Office whether he or she will be represented at
the grievance meeting and identify the representative. Grievances are defined as an alleged
violation, misinterpretation or misapplication of the City Charter and/or the Human
Resources Rules and Regulations.
The procedure is not to be used for the following purposes:
1. Resolving complaints, requests or changes in wages, hours and working conditions.
2. To challenge the content of employee evaluations or performance reviews.
a. EXCEPTION: Adverse evaluations may be appealed pursuant to Section H of the
Police Officers MOU or as an Administrative Appeal pursuant to the Police
Officers Bill of Rights.
3. To challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step
or merit increase.
a. EXCEPTION: Pursuant to the Miscellaneous and Supervisory Units MOU's,
employees in these units may appeal the denial of a merit step increases to the City
Administrator (see Section IV Q. of these rules, Section VI A of these rules, and/or
the applicable AFSCME MOU).
4. In cases of oral reprimand, written reprimand, reduction in pay, demotion, suspensions,
or termination.
5. To challenge violation of law or past practice.
6. To challenge examinations or appointment to positions.
Grievances shall be in writing, dated and signed by the employee and presented to his/her
supervisor. Grievances must be submitted within ten (10) calendar days of the occurrence, or
the employee's knowledge of the occurrence, which gives rise to the grievance. All grievances
must clearly state the section of the City Charter or Human Resources Rules and Regulations
that the employee alleges was violated, misinterpreted or misapplied; the specific act or
omission which gave rise to this alleged violation, misinterpretation or misapplication; the
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date or dates on which the violation, misinterpretation or misapplication occurred; what
documents, witnesses or other evidence support the employee's position; and the remedy
requested.
Step 1. Initially, all employee grievances should be directed to the immediate supervisor for
solution.
Step 2.In the event the immediate supervisor meeting does not resolve the grievance within
ten (10) calendar days, the supervisor, at the employee's request, shall present the
matter to the next level of supervision within the department concerned. That
supervisor and any higher level supervisor(s) in the department's normal chain of
command, shall attempt to resolve the grievance. Each level of supervisor shall
respond in writing to the grievant within ten (10) calendar days of receipt of the
grievance. If the grievance is not resolved at a level below Department Head, the
supervisor immediately subordinate to the Department Head, at the employee's
request, shall present the matter to the Department Head. This presentation shall be
made in the presence of the employee. The employee shall be allowed adequate time to
present his/her side of the matter.
Step 3.In the event the grievance is not adequately resolved within ten (10) calendar days at
the Department Head level, the employee may submit the grievance to the City
Administrator which submission shall, include the responses received from the
supervisors and the Department Head.
Step 4.If the grievance is not resolved within ten (10) calendar days at the City Administrator
level, the employee or the City Administrator shall notify the Human Resources
Director who shall gather the written facts and present them to the Personnel
Commission at its next regular meeting. The Personnel Commission (in accordance
with Section 907, of the City Charter) shall hear this matter and report its findings
within ten (10) calendar days, to the City Council for review. The action of the City
Council shall be final.
The hearing before the Personnel Commission may be conducted informally and the
rules of evidence need not apply. The hearing shall be conducted in an orderly
manner with a presentation of all material facts so that a fair and impartial decision
may be made. The Commission Chairperson shall have full authority at all times to
maintain orderly procedure and to restrict the hearing to facts relevant to the
complaint. In hearing the appeal, the Commission may require the employee
(appellant) to first present his/her grievance; followed by the immediate supervisor for
presentation of his/her attempts to resolve the grievance; followed by the Department
Head for presentation of his/her attempts to resolve the grievance; followed by the
City Administrator for presentation of his/her attempts to resolve the grievance. All
involved parties may be entitled to counsel if they so desire. The appellant will bear
the expense of his/her own counsel.
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Step 5. The Human Resources Department will provide a checklist to be used in order to
ensure that each grievance is dealt with in timely and proper manner. The checklist
will be initiated by a supervisor when he/she is first presented with a grievance, and
will be forwarded along with the grievance and all responses thereto to each
succeeding step in the process until a final resolution is obtained. Each succeeding
level of authority in this procedure shall refuse to hear the matter unless the preceding
step of the procedure has been observed.
c. OPTIONAL SAFETY PERSONNEL CONTRACT GRIEVANCE PROCEDURE: Members
of the Police Bargaining Unit and the Fire Bargaining Unit may elect to resolve
grievances/appeals through the contract grievance procedure specified in the applicable MOU
if one exists.
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SECTION VII. LEAVE PROVISIONS
This section defines all types of leave provided to employees by the City. Also discussed are policies
and procedures specific to the different types of leave.
A. PAID LEAVES: Only regular, full-time employees are eligible for paid leaves. Regarding
overall leave accrual for new employees, if an employee begins work between the 1st and 15th
of the month, that employee will begin accruing leave effective the first of that month. When
an employee begins work between the 16th and 31st of the month, leave will begin accruing on
the first day of the following month.
1. VACATION: Eligible employees shall annually be allowed vacation leave at the rates
specified in the applicable MOU and on the appropriate Benefits Summary for each
employee unit. Vacation paid time shall accrue while the employee is on paid status
(either working or while on leave). Vacation leave shall not accrue during leaves of
absence without pay unless required by law (e.g., military leave). Exempt employees
may take vacation only in full-day increments.
a. ACCUMULATION OF LEAVE: Vacation is granted for the purpose of it
being taken annually. However, with approval of the Department Head
concerned, an employee may have the option to aCCrue up to two (2) years
vacation leave for an extended vacation. For Department Heads, approval of
the City Administrator is required. When the employee reaches the maximum
accrual allowed by the applicable MOU and/or these rules, he/she may cease
earning vacation. Prior to stopping any vacation accrual, the supervisor shall
implement a vacation leave reduction plan with the employee. If the employee
fails to comply with such plan in a reasonable period of time then the City may
take action to stop the employee's vacation accrual. The City Administrator,
in rare circumstances based on the need of the City, may allow an employee to
accrue more than the maximum vacation accrual normally allowed for that
employee. This decision is within the sole discretion of the City Administrator
and is not subject to appeal.
b. LEAVE CONVERSION DURING VACATION: Where a paid holiday falls
during the period of an employee's vacation leave, that day shall not be
charged against the employee's vacation accrual. An employee falling ill or
incurring injury while on vacation may terminate that vacation and convert to
sick leave or leave without pay upon submission of written notice detailing the
reasons therefore and upon approval by the City Administrator. If an
employee is called for jury duty and the employee's vacation has been
scheduled, the employee shall immediately notify the court of the scheduled
vacation and request a postponement for jury duty. If the court denies the
request for delay, the City will re-evaluate what part of the time off will be paid
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as jury duty payor taken as vacation. Employees shall provide all written
documentation to support the scheduling, denial of postponement, and
attendance at jury duty to their supervisor in a timely manner.
c. VACATION DUE UPON TERMINATION: Upon termination, employees shall
receive payment for all accrued unused vacation time.
2. SICK LEAVE: Sick leave is leave from duty which may be granted by the City to an
employee because of illness, injury, exposure to contagious disease, illness or injury of
the employee or the employee's immediate family requiring the employee's attendance,
and medical, dental and optical appointments to the extent that such appointments
cannot be scheduled outside the work day.
a. An employee's immediate family shall consist of the employee's: spouse,
domestic partner, children, step-children, foster children, or the mother,
father, brother, sister, grandchildren or grandparents of the employee,
spouse, domestic partner or other members of the employee's family residing in
the employee's home; or other members of the employee's family primarily
dependent upon the employee.
b. Use of Sick Leave:
1. An employee may be granted sick leave only in case of actual sickness as
defined above. In the event that an employee or a member of the employee's
immediate family recovers from any such sickness after being granted sick
leave, and during the regularly scheduled hours of work, then such employee
shall notify the appropriate immediate supervisor and be available to return
to duty.
2. In order to apply for sick leave use, an employee shall notify the appropriate
immediate supervisor not later than the start of the time established as the
beginning of the employee's work day, unless the City determines that the
employee's duties require more restrictive reporting. Failure to do so without
good reason shall result in that day of absence being treated as leave of absence
without pay.
3. If the employee is absent on sick leave for more than one (1) day, the employee
shall keep their immediate supervisor informed as to the date the employee
expects to return to work.
4. Sick leave shall not be granted to any employee absent from duty as a result of
any sickness, injury or disability purposely self-inflicted or caused by willful
misconduct.
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5. Sick leave shall not be granted to any employee absent from duty after
separation from City service, or during a City authorized leave of absence
without pay, or any other absence from duty not authorized by the City.
6. Sick leave shall not be granted to any employee to permit an extension of the
employee's vacation.
7. The City may require a physician's certification at any time as to the sickness
or injury of the employee (when the employee uses sick leave) or their
immediate family member (when employee uses family illness leave) and the
date of the employee's intended return to work.
8. Employees will not be permitted to use vacation or compensatory time in lieu of
sick leave unless specifically approved by the Department Head.
c. Accrual of Sick Leave: Employees shall accrue sick leave while in paid status.
Sick leave may be used as it accrues. Employees are encouraged to maintain an
adequate sick leave balance for major illness and injury. Most long-term
disability plans have a 60 or 90 day elimination period before benefits may be
paid. Sick leave accrual rates are specified in the applicable MOU and on the
appropriate Employee Benefits Summary.
d. Retirement Credit for Unused Sick Leave: Retirement credit is available
through PERS for unused, accrued sick leave. If an employee retires from the
City with accrued sick leave on the books, the length of service for computing
the retirement allowance is increased 0.004 years for every eight (8.0) hours of
sick leave. As an example, 250 days of sick leave equals one year of service
credit. For purposes of calculation, 12 hrs. = 1 day for fire departmeiJt
employees.
e. Sick Leave or Medical Appointment Abuse: Any employee's use of sick leave
for any reason other than those listed in sections 2 and 2a above will constitute
sick leave abuse. Determination of sick leave abuse is established when the
employee cannot produce a physician's written verification of illness upon
request, and/or one or more reliable witnesses state that the employee was not
absent due to illness, injury preventing an employee from performing their
job, or for medical treatment. Determination of sick leave abuse may result in
the employee being subject to counseling, or disciplinary action in the case of
repeated incidents. Also, failure to follow doctor's orders which contribute to
additional absence from work may be construed as sick leave abuse. Legally
protected absences will not be counted for purposes of this policy.
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3 . FAMILY ILLNESS LEAVE: In accordance with Labor Code 233, an employee may
use up to one half of his/her annual accrual rate of sick leave per year to care for sick
dependents. Dependents shall consist of the employee's spouse, domestic partner,
children, step-children, foster children , or the mother, father, brother, sister,
grandchildren or grandparents of the employee, spouse, domestic partner or other
members of the employee's family residing in the employee's home; or other members
of the employee's family primarily dependent upon the employee. A physician's
verification of medical treatment and of necessary absence from work may be required
at any time this leave is used for sick or injured dependent.
In addition to the revisions above, employees may be entitled to additional time off
without pay pursuant to the California Family Rights Act of 1991 and/or the Federal
Family and Medical Leave Act of 1993. Please refer to unpaid Family Care and
Medical Leave Section of these Rules.
4. SICK LEAVE for JOB CONNECTED INJURY-- Workers' Compensation Leave:
An employee who is injured on the job and is unable to work will receive additional
paid leave for periods he/she is temporarily disabled from working as follows:
a. NON-SAFETY EMPLOYEES: Eligible, non-safety employees will be allowed
thirty (30) days/240 hours Industrial Injury/Illness Leave before deduction
from accumulated sick leave, if any, is made when absent from work due to an
accepted workers' compensation illness or injury. These days/hours can be
used when the employee is unable to work when there is no light duty available,
or when the employee needs t~ attend medical appointments related to their
accepted claim.
b. SAFETY EMPLOYEES: All safety employees in the Police and Fire
Departments shall be granted benefits pursuant to Labor Code Sec. 4850
(copies available from Human Resources upon request) which grants twelve
(12) months paid Industrial Illness/Injury leave for periods of temporary
disability caused by an accepted workers' compensation injury before sick
leave is used. This is in lieu of sick leave in the case of industrial illness or
InJury.
c. WORKERS' COMPENSATION BENEFITS UPON EXHAUSTION OF
PAID LEAVE: When sick leave for job connected injury, is exhausted, if
available, the employee shall receive the maximum payments as specified by
California Workers' Compensation law as specified by the City's Workers'
Compensation Administrator and be placed on leave of absence without pay.
Employees may supplement their workers' compensation payments with sick
leave or vacation until their paid leave is exhausted. The difference equal to full
pay is paid by the City with the appropriate deductions from sick leave first,
and then vacation leave until all leaves are exhausted.
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5. BEREAVEMENT LEAVE: Eligible employees may take paid Bereavement Leave
when a death occurs in the employee's or the employee's spouse's immediate family.
For the purpose of this section, immediate family is defined as: Parents, Brothers,
Sisters, Spouses, Domestic Partners, Natural or Legally Adopted Children, or
Grandparents. (Note - refer to applicable MOU for additions/changes to this list.)
Leave may also be granted in the case of the death of others with whom the employee
has a significant relationship. Such leave shall be granted in the sole discretion of the
City Administrator, without any right to appeal. Such leave shall not be cumulative.
Bereavement Leave accrual rates are specified in the applicable MOU and the
appropriate Employee Benefits Summary
6. JURY DUTY: An employee summoned for jury duty will be excused from work but
must present written proof of jury duty to his or her supervisor with a copy to the
Human Resources Director. The summoned employee shall have a choice of receiving
full pay while on jury duty and reimbursing the City for any jury duty compensation
received, or he or she may keep the jury duty compensation and not receive City pay
for the time away from work. Said jury duty compensation, reimbursable to the City,
does not include travel, meals, or lodging.
7. TIME OFF TO VOTE: If an employee does not have sufficient time outside of
working hours to vote at a statewide election, the employee may take up to two (2)
hours off without loss of pay at the beginning or end of the day. Prior approval for
this time off by the employee's supervisor is required.
8. PERSONAL LEAVE: Each eligible employee will be granted paid Personal Leave
annually. This leave is credited and available to the employee on July 1 of each year
and if not used will not accrue the following year. The amount of Personal Leave
authorized is specified in the applicable Memorandum of Understanding and in the
appropriate Benefits Summary. Exempt employees must take Personal Leave in full-
day increments. For AFSCME employees, personal leave is pro-rated upon hire and
termination pursuant to the MOD. For additional details on personal leave, refer to
applicable MOU and Benefits Summary.
9 . ADMINISTRATIVE LEAVE: The employees of the Exempt group shall receive seven
(7) days of additional paid leave annually which is credited on July 1 of each year and
if not used will not accrue the following year. Such leave must be taken only in full-
day increments. Administrative leave is pro-rated on a quarterly basis in the year of
hire based upon the date of hire within the fiscal year.
10. HOLIDAYS: Holiday accrual rates are specified in the applicable MOU and
appropriate Benefits Summary. The legal holidays observed by the City shall include
New Year's Day, Martin Luther King Day, Washington's Birthday, Memorial Day,
Independence Day, Labor Day , Veteran's Day, Thanksgiving Day, the day following
Thanksgiving, and Christmas Day.
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When a regular holiday falls on Sunday, the following Monday shall be granted as a
day off, and when a regular holiday falls on Saturday, the preceding Friday shall be
granted as a day off. Employees must be in paid status on the workdays prior to and
following a holiday to be eligible to receive holiday pay.
11. MILITARY LEAVE: Military Leave shall be granted III accordance with the
provisions of State and Federal law.
a. Federal Government Definition:
The performance of duty on a voluntary or involuntary basis in a uniformed
service under competent authority, including active duty, active duty for
training, initial active duty for training, inactive duty for training, full-time
National Guard duty, and a period for which the person is absent from a
position of employment for the purpose of an examination to determine the
fitness of a person to perform any such duty.
b. State of California Definition:
A leave of absence from public employment to engage in ordered military duty
for a period which by the order is not to exceed 180 calendar days, including
travel time for purposes of active military training, encampment, naval
cruises, special exercises or like activity as a member of the reserve corps or
force of the armed forces of the United States, or the National Guard, or the
Naval Militia.
c. Salary During Military Leave:
Employees that have been employed by the City for a period of not less than
one year are entitled to pay for the first 30-days of military leave. A National
Guard member on active duty is entitled to receive his/her salary for the first
30-days regardless of his/her length of service with the City.
Employees with at least one year of service with the City, or at least one year of
combined military/employment service, are entitled to pay for the first 30-days
of temporary military leave. There is no exception for members of the
National Guard. In order to be entitled to 30-days of pay, a National Guard
member on temporary military leave must have at least one year of service with
the City or one year of combined military/employment service.
d. Benefits While on Military Leave:
The City will pay the employee's health insurance benefits for the first 30 days
of the leave to the extent that they were paid when the employee was working.
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Employees on military leave beyond 30 days may elect to continue their health
insurance benefits under COBRA. Contact the Human Resources office for
details.
City employees on active duty are not entitled to sick leave or vacation accrual.
However, a National Guard member on active duty is entitled to accrue
vacation and holiday privileges, but not sick leave, for the first 30 days of
active service, regardless of his/her length of service with the City.
Employees on temporary military leave (training) with at least one year of
service with the City, or at least one year of combined military/employment
service, continue to accrue the same vacation, sick leave, and holiday
privileges for up to a maximum period of 180 days. In order to be entitled to
the accrual of vacation, sick leave, and holiday privileges, a National Guard
member on temporary military leave must have at least on year of service with
the City or one year of combined military/employment military service.
e. Reemployment Rights:
Employees returning from military leave are entitled to reemployment rights if:
1) The employee has given advance written or verbal notice of such
military service to the City;
2) The cumulative length of the absence and of all previous absences from
a position of employment with the City by reason of military service
does not exceed five years; and
3) The returning veteran reports to, or submits a reemployment
application, to the City in accordance with the notice provision listed
below.
a) Employees returning from active duty after serving in time of
war or national emergency must seek reinstatement with the
City within 6 months after completing military service, hut not
later than 6 months after the end of the war, emergency, etc.
The right to reemployment does not extend to an employee who
fails to return to his/her position within 12 months after the first
date he/she could terminate his/her active service.
b) An employee on military leave for reasons other than war or
national emergency must seek reinstatement with the City within
a manner and time frame that depends on the length of his/her
military leave. For a leave of less than 31 days, the employee
must report to the City no later than the beginning of the first
full regularly scheduled work period on the first full calendar
day following the completion of the period of service.
c) For a leave of more than 30 days but less than 181 days, the
employee must submit an application for reemployment with the
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City not later than 14 days after the completion of the period of
service. For a leave of more than 180 days, the employee must
submit an application for reemployment with the City within 90
days after the completion of the period of service.
d) An employee failing to apply for reemployment within the
appropriate period does not automatically forfeit his/her right,
but shall be subject to the conduct rules, established policy, and
general practices of the City pertaining to absences from
scheduled work.
4) If the position that the employee held prior to the military leave has
been abolished or otherwise has ceased to exist, the employee shall be
reinstated in a position of like seniority, status and pay if such a
position exists, or to a comparable vacant position for which the
employee is qualified. Exceptions to this are:
a) The City's circumstances have so changed as to make such
reemployment impossible or unreasonable;
b) Reemployment of the employee would impose an undue
hardship on the employer; or
c) the position exists for a brief, non-recurrent period and there is
not reasonable expectation that such employment will continue
indefinitely or for a significant period.
5) An employee that goes on military leave is entitled to the seniority and
rights and benefits that the employee would have attained if he/she had
remained continuously employed.
Employees who are members of Military Reserve or National Guard will be allowed up
to one hundred seventy three point thirty-three (173.33) hours (144 hours for Fire
Department Employees on 24 hour shift) of leave with pay annually for attendance at
required annual training. The amount of leave allowed will be in accordance with the
training period specified in verified drill schedule.
Employees will be granted up to three days leave without pay per month to participate
in required monthly Military Reserve or National Guard drills. Such leave without
pay will be on dates specified in verified official drill schedules.
NOTE:
Please refer to applicable MOD for any benefits beyond what IS
required by law.
12. DONATION OF PAID LEAVE TIME: Realizing the value of regular City employees
and the need to retain their services, the City, under the following guidelines, and in
accordance with Internal Revenue Code Regulations will allow transfer of paid leave
time from one employee to another.
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When an employee faces a catastrophic illness or injury that causes the employee to
use all of their sick leave, vacation, compensatory time off and all other paid leaves,
this procedure may be used. A City employee may transfer, accrued paid leave time to
the injured/ill employee. The donation is offered on a voluntary basis. Only employees
in regular full-time positions are eligible to participate in the voluntary Time Donation
Program. Catastrophic injury or illness is an injury or illness, including pregnancy-
related disability, which is expected to incapacitate the employee for an extended
period of time and create a financial hardship because the employee has exhausted all
of his or her accumulated leave.
The City reserves the right to modify or terminate an established Time Donation
Program as it deems necessary. See Employee Handbook for procedures and
conditions under which leave credits may be donated.
B. LEAVES of ABSENCE WITHOUT PAY:
1. UNPAID MEDICAL LEAVE: All employees may apply to their Department Head for
a leave of absence without pay. Said leave will constitute a Break in Service and must
be recommended by the appropriate Department Head and approved by the City
Administrator. A leave of absence without pay may be granted to an employee who is
required by medical authorities to extend sick leave or finds it necessary to extend
vacation leave beyond accumulated benefits or for those employees ineligible for
Family Care and Medical Leave.
An employee on leave of absence without pay may continue Medical, dental and Life
Insurance upon his/her payment of all premiums in accordance with COBRA rules for
continuation of medical coverage. Uniform allowance, auto allowance, retirement
credit, seniority in the pay plan, sick leave credit, vacation credit and other benefits
shall not accumulate during the unpaid leave of absence. Accumulated seniority prior
to the leave of absence will not be lost.
2. PREGNANCY DISABILITY LEAVE (PDL): A pregnant employee shall be entitled
to a leave of absence without pay for up to four (4) months so long as the employee's
attending physician certifies that she is physically unable to work due to pregnancy,
childbirth or a related medical condition. During said leave of absence without pay,
the employee has the option of using accumulated sick leave, compensatory time
and/or vacation leave.
Upon expiration of the approved leave, the employee shall be reinstated to her fonner
position or to a comparable one if the former position is abolished during the period of
leave and the employee would otherwise not have been laid off. The comparable
position is one having similar terms of pay, location, job content and promotional
opportunities. Prior to the employee being reinstated, the department head may
require a statement from the attending physician that the employee is physically
capable of resuming the regular duties of her position.
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Failure to return to work after the authorized four month leave period causes the
employee to have no reinstatement rights. An employee who plans to take such a leave
should give reasonable notice of the date the leave shall commence and the estimated
duration of the leave.
Female employees shall be reasonably accommodated for conditions related to
pregnancy, childbirth or related medical conditions if the employee requests an
accommodation with the advice of her healthcare provider. Refer to Employee
Handbook for further information and procedures for taking PDL.
3. FAMILY CARE AND MEDICAL LEAVE: The City shall grant eligible employees
leaves of absence without pay in accordance with the Federal Family & Medical Leave
Act (FMLA) and California Family Rights Act (CFRA) for up to twelve (12) weeks per
'"rolling" year. The '"rolling" year is specific to each employee.
a.. Eligibility - All employees who have worked for the City for at least one (1) year
and have a total of 1250 hours worked in the twelve (12) months prior to
requesting the leave.
b. Definitions
1. "12-Month Period" means a rolling 12 month period, immediately
preceding the start date of the eligible leave to be taken. Each time an
employee takes eligible leave, the remaining leave entitlement is based
on the amount of Family Leave taken during the immediate preceding
12 months.
2. A '"child" is a biological, adopted, foster, or stepchild, a legal ward or a
child or a person standing in the place of a parent who is either (1)
under 18 or (2) over 18 but incapable of self-care because of a mental or
physical disability.
3. A "serious health condition" is an illness, injury, impairment, or
physical or mental condition that involves: (1) inpatient care (i.e., an
overnight stay) in a hospital, hospice, residential medical care facility,
including any period of incapacity or any subsequent treatment in
connection with such inpatient care exceeding three calendar days; or
(2) continuing treatment by a health care provider.
4. "Continuin~ treatments" means two or more treatments by a health
care provider, by a nurse or physician's assistant under direct
supervision of a health care provider; or two or more treatments by a
health care practitioner (e.g., physical therapist) on referral from, or
under the direction of a health care provider; or a single visit to a
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health care provider that results in a regimen of continuing treatment
under the supervision of the health care provider (e.g. medication
therapy).
5. Health Care Provider means:
a) Doctor of medicine or osteopathy who is authorized to practice
medicine or surgery by the state in which the doctor practices;
b) Podiatrist, dentist, clinical psychologist, optometrist, and
chiropractor (limited to certain treatments as defined under the
law);
c) Nurse Practitioners and nurse mid-wives who are authorized to
practice under State law and who are performing under the scope of
their practice as defined under state law; and
d) Christian Science practitioners listed with the First Church of
Christ, Scientist in Boston, Massachusetts.
c. Reasons For Leave
1. The birth of a child or to care for a newborn of an employee;
2. The placement of a child with an employee in connection with the
adoption or foster care of a child;
3. Leave to care for a child, parent or a spouse or domestic partner who
has a serious health condition; or
4. Leave because of a serious health condition that makes the employee
unable to perform the essential functions of his/her position.
d. Amount of Leave That May Be Taken
1. Eligible employees are entitled to a total of 12 work weeks of leave
during any 12-month period.
2. If leave is requested for the birth, adoption or foster care placement
of a child of the employee, leave must be concluded within one year
of the birth or placement of the child. In addition, the basic minimum
duration of such leave is two weeks. However, an employee is
entitled to leave for one of these purposes (e.g., bonding with a
newborn) for at least one day, but less than two weeks duration on
any two occasions.
3. In any case in which a husband and wife or domestic partners both
employed by the City of Gilroy are entitled to leave, the
aggregate number of workweeks of leave to which both may
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be entitled may be limited to 12 workweeks during any 12-
month period if leave is taken for the birth or placement for
adoption or foster care of the employee's child (i.e., bonding
leave). This limitation does not apply to any other type of leave
under this policy.
e. Substitution of Paid Accrued Leaves
1. Employee's Right To Use Paid Accrued Leave
a) Where an employee has earned or accrued paid vacation,
administrative leave, compensatory time, or personal or donated leave,
that paid leave may be substituted for all or part of any (otherwise)
unpaid leave under this policy.
b) An employee is entitled to use sick leave concurrently with leave
under this policy if:
1) The leave is for the employee's own serious health condition;
or
2) The leave is needed to care for a parent, spouse or child
with a serious health condition, and would be permitted as
sick leave under the City's sick leave policy.
2. City's Right to Require an Employee to Use Paid Accrued Leave
a) Employees must exhaust their accrued leave concurrently with
FMLA/CFRA leave to the same extent that employees have the
right to use their accrued leaves concurrently with FMLAlCFRA
leave with two exceptions:
1) Employees are not required to use accrued compensatory
time earned in lieu of overtime earned pursuant to the Fair
Labor Standards Act; and
2) Employees will only be required to use sick leave
concurrently with FMLA/CFRA leave if the leave is for the
employee's own serious health condition.
3. If an employee takes a leave of absence for any reason which is
FMLA/CFRA qualifying, the City may designate that non- FMLAlCFRA
leave as running concurrently with the employee's 12-week
FMLA/CFRA leave entitlement. The only exception is for peace officers
who are on leave pursuant to Labor Code 4850.
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4. If an employee requests to utilize accrued vacation leave or other
accrued paid time off without reference to a FMLAfCFRA qualifying
purpose, the City may not ask the employee if the leave is for a
FMLAfCFRA qualifying purpose. However, if the City denies the
employee's request and the employee provides information that the
requested time off is for a FMLAfCFRA qualifying purpose, the City
may inquire further into the reason for the absence. If the reason is
FMLAfCFRA qualifying, the City may require the employee to exhaust
accrued leave as described above.
f. Employee Notice of Leave
Although the City recognizes that emergencies arise which may require
employees to request immediate leave, employees are required to give as much
notice as possible of their need for leave. If leave is foreseeable, at least 30
days notice is required. In addition, if an employee knows that leave may be
needed in the future, but does not know the exact date(s) (e.g. for the birth of a
child or to take care of a newborn), the employee shall inform his/her
supervisor as soon as possible that such leave will be needed.
If the City determines that an employee's notice is inadequate or the employee
knew about the requested leave in advance of the request, the City may delay
the granting of the leave until it can, in its discretion, adequately cover the
position with a substitute.
g. Medical Certification
Employees who request leave for their own serious health condition or to care
for a child, parent or a spouse who has a serious health condition must provide
written certification from the health care provider of the individual requiring
care if requested by the City.
If the leave is requested because of the employee's own serious health
condition, the certification must include a statement that the employee is
unable to work at all or is unable to perform the essential functions of his/her
position.
If the City has reason to doubt the validity of a certification for the employee's
own serious health condition, the City may require a medical opinion of a
second health care provider chosen by the City. If the second opinion is
different from the first, the City may require the opinion of a third provider
jointly approved by the City and the employee. The opinion of the third
provider will be binding.
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If an employee requests leave intermittently (a few days or hours at a time) or
on a reduced leave schedule, the employee must provide medical certification
that such a leave is medically necessary. "Medically necessary" means that
there must be a medical need for the leave and that the leave can best be
accomplished through an intermittent or reduced leave schedule. Refer to
Employee Handbook for procedures and forms required in connection with
leave under this policy.
h. Reinstatement Upon Return From Leave
Upon expiration of leave, an employee is entitled to be restored to the position
of employment held when the leave commenced, or to an equivalent position
with equivalent benefits, pay, and all other terms and conditions of employment
unless legitimate business reasons unrelated to the employee's leave have
resulted in the elimination of the job of any equivalent position. If the same or
any equivalent position ceases to exist because of such business needs, the City
will attempt to make reasonable accommodations by alternative means to avoid
an undue hardship. For example, the City may offer an employee any other
position which is available and for which the returning employee is qualified.
As a condition of restoration of an employee whose leave was due to the
employee's own serious health condition which made the employee unable to
perform his/her job, the employee must obtain and present a fitness-for-duty
certification from the health care provider that the employee is able to resume
work. Failure to provide such certification will result in denial of restoration,
until such verification is provided.
See the Human Resources Department for exception for "Key Employees". Key
employees are defined as employees among the highest paid 10% of the
employees.
1. Employee Benefits While On Leave
While on leave, employees will continue to be covered by the City's group health
insurance to the same extent that coverage is provided while the employees is on
the job. However, employees will not continue to be covered under the City's
non-health benefit plans which are not provided pursuant to the City's group
health plan. Refer to Employee Handbook for procedures and forms required
in connection with leave under this policy.
4. SCHOOL LEAVE:
The Family School Partnership Act is a California law that allows parents,
grandparents, and guardians to take time off from work to participate in their
children's school or child care activities. As such, any City employee who is a parent,
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guardian or grandparent having custody of one or more children in kindergarten or
grades 1 through 12 or attending a licensed day care facility shall be allowed time off to
participate in their child's school activities. Employees may take off up to forty (40)
hours each year (up to eight (8) hours in any calendar month to participate in
activities at your child's school or child care facility. Employees may use vacation
time, compensatory time, personal leave, or administrative leave (exempt only) for
school leave. If no leave time is available to the employee, the employee may be
granted time off without pay. Employees must let their employer know in advance that
they wish to take school leave. Employee shall follow their department's policy
regarding the amount of time in advance that time off will be requested. It is possible
that last minute requests may be denied. Also, the employee may be requested to
provide written proof of having participated at your child's school or child care
facility.
School leave will be granted for any actIvIty that is sponsored, supervised, or
approved by the school, school board, or child care facility. Examples might be
volunteering in the child's classroom, back-to-school night, open house, field trips,
participating in parent-teacher conferences, assisting in community service learning
activities, or extra-curricular activities and/or sporting events sponsored by the
school, school board, or child care facility.
Please refer to the Employee Handbook or contact the Human Resources Department
for additional information regarding School Leave and the Family School Partnership
Act.
5. LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT:
An employee who is a victim of domestic violence is entitled to take time off from work
to seek relief, such as a temporary restraining order, or other assistance to help
safeguard the ""health, safety, or welfare" of the employee and/or his or her child.
Domestic violence is abuse perpetrated against a spouse or former spouse, an
individual regularly residing in the household, someone in a dating or engagement
relationship, an individual with whom the abuser has a child, or other family relation.
The City will not discharge or discriminate against employees who are victims of
domestic violence or sexual assault for taking time off to attend court hearings, to seek
medical, legal, or psychological assistance, or to protect their own safety. Certification
in connection with these absences will be required. An employee requesting time off
under this section shall use leave time from one of his/her available leave time banks
(personal leave, vacation leave, compensatory time, or administrative leave). Contact
the Human Resources Department for further information.
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SECTION VIII:
BENEFITS
A. HEALTH INSURANCE:
1. MEDICAL INSURANCE is availahle for all regular, full-time employees hy the City.
Literature on Health Benefits shall he provided to each employee hy the Human
Resources Department when starting employment or upon request and can he found in
the appropriate Benefits Summary document.
2. DENTAL INSURANCE is availahle for all regular, full-time employees hy the City.
Literature providing details on this insurance shall he provided to each employee hy
the Human Resources Department when starting employment or upon request.
3. OPTIONAL, EMPLOYEE-PAID VISION INSURANCE is made availahle hy the
City. Literature providing details on this insurance shall he provided to each
employee hy Human Resources when starting employment or upon request.
4. PREMIUM CONTRIBUTIONS: The City's premium contribution rates for medical,
dental and vision insurance, applicahle deductihles, and the percentage of treatment
reimhursahle for eligihle reasonahle and customary dental charges are specified in the
applicahle MOD and descrihed on the appropriate Benefits Summary of each
employee unit. The City's premium contrihutions for health insurance are made, in
part, through an IRS approved 125 Cafeteria Plan. A copy of the Cafeteria Plan can
he ohtained from Human Resources. Current contrihution amounts are distrihuted
annually to all employees hy Human Resources.
NOTE:
The information contained in this section is suhject to change and the City
reserves the right to make changes from time to time as they occur or are
negotiated with a lahor group.
B. CONTINUATION OF GROUP HEALTH COVERAGE: Federal COBRA law requires that
the City provide limited continuations of group medical insurance benefits for reasons as
stated helow. All employees will he notified of this henefit twice; once when hired and again
when they experience a qualifying event as defined helow. The eligihle employee and/or
dependents must request group continuation coverage within sixty (60) calendar days after
the event which caused eligihility. The employee or dependent that chooses group
continuation coverage must pay to the City 102% of the monthly premium hy the 25th of the
month prior to the month covered. Rates are suhject to change when the City group rates
change.
Continued group health coverage is for thirty-six (36) months as follows:
1. For the employee and dependents, when the employee loses health insurance through
an unpaid leave or reduction in hours or leaves employment with the City for reasons
other than Gross Misconduct.
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2. A spouse who loses group coverage because of divorce or legal separation, or the death
of the employee.
3. A dependent child who marries or reaches the age limit for group coverage, or a
change in custody.
4. The premiums for the extended coverage are 110% of the monthly premium.
5. Continuation Coverage will terminate when:
a. The applicable time limit (36 months) has elapsed.
b. The employee or dependents become entitled to Medicare benefits.
c. The covered person(s) does not comply with the rules for payment.
d. The City terminates all group health plans.
e. The employee or dependents become covered under any other group health plan.
C. LONG TERM DISABILITY INSURANCE (LTD): LTD is provided by the City to eligible
employees to ensure continuation of income should an employee be injured or become ill,
when not at work, and be unable to return to work within ninety (90) calendar days. The
City's premium contribution and the specifics of the LTDI benefit are contained in the
applicable MOD and described on the appropriate Benefits Summary for each employee unit.
D. LIFE INSURANCE: The City provides group life and accidental death and dismemberment
insurance for employees as specified in the applicable MODs and described on the
appropriate Benefits Summary for each employee unit.
E. RETIREMENT:
1. FULL TIME EMPLOYEE RETIREMENT:
The City contracts with the Public Employee Retirement System (PERS) to provide
retirement benefits for all eligible employees. The plan in which each employee group
participates is specified in the applicable MOU and the appropriate Benefits Summary
(which contains enhanced details) for each employee unit, including identification of
whether an employee or the City pays the employee portion of PERS pursuant to IRS
Code 414(h)(2). Exempt employees are covered by the City's PERS Miscellaneous
contract with the exception of unrepresented Fire and Sworn Police Personnel who
are covered by the City's PERS Safety contract.
To ensure timely processing, applications for retirement should be submitted to
CalPERS at least 90 days before the intended retirement date. The effective
retirement date can be no earlier than the first of the month in which the application is
received at CaIPERS, except in special circumstances.
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Inquiries regarding retirement benefits should be addressed to PERS (800) 352-2238
or www.calpers.ca.gov. Limited PERS retirement materials are available from the
Human Resources Department.
NOTE:
The City of Gilroy does not withhold Social Security (FICA)
taxes from employee salaries, nor participate in the Social Security
System. The Human Resources Department will provide employees
hired after January I, 2005 a statement which will explain how your
retirement benefits are affected. Your Medicare benefits will not be
affected.
2. PART-TIME EMPLOYEE RETIREMENT
The City is a member in the Public Agency Retirement System (PARS) and has
adopted an eligible defined contribution retirement plan. The following is a summary
of the plan benefits, however, specific inquiries should be directed to the plan
documents, which may change from time to time, and are controlling. Plan documents
are available from the Human Resources Department.
Under PARS, the part-time, seasonal and temporary employees contribute 6.2% of
their gross salary to the PARS. This money is put in a retirement trust fund in the
employee's name. The City also contributes an amount equal to 1.3% of eligible
employee's gross salary to this same trust fund to equal a minimum retirement benefit
of 7.5%.
When a separating part-time employee leaves the City, the employee has the option of
leaving the money in the trust, exercising a tax free roll over, or withdrawing it
immediately.. As long as the separated employee has any balance amount in his/her
account, he/she must maintain contact with PARS at least every three (3) years.
Before separation they must complete a W4-P form. This form is submitted to the
Human Resources Department to comply with tax withholding requirements.
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SECTION IX:
MISCELLANEOUS POLICIES and PROCEDURES
A. ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY: It is City policy that
employees shall not be under the influence of or in possession of alcohol or controlled
substances; nor possess alcohol or drugs while on City property, in city vehicles, at work
locations, while on duty or subject to being called to duty; nor sell or provide alcohol or drugs
to any other employee or to any person while such employee is on duty or subject to being
called; nor have their ability to work impaired as a result of the use of alcohol or drugs.
Alcohol and substance abuse will not be tolerated and disciplinary action up to and including
termination will be used as necessary to achieve this goal. Contact the Human Resource
Division for more information and/or to review the detailed policies regarding alcohol and
controlled substance abuse including drug testing which had been adopted for individual
bargaining units. City employees utilizing Class A driver's licenses follow DOT Drug and
Alcohol Policy contained in the AFSCME MOU.
B. ASSOCIATION/UNION DUES: Automatic payroll deduction changes for employee
association and/or union dues shall be authorized in writing by the appropriate
association/union to the Human Resources Department. This notification shall be made no
later than the 15th of the month in which the desired change should take effect. Initial
employee association/union dues deductions require the written authorization of the
employee. Employees requesting to reduce or stop association/union dues deductions must
submit the request in writing to Human Resources Department, with a copy provided to the
designated union representative, and must also follow any process contained in the MOD.
C. HUMAN RESOURCE RECORDS:
1. General:
The Human Resources Department shall maintain a master record for each employee
showing the original date of employment, the original classification and pay rate of the
employee's position, together with any subsequent changes in the status of the
employee in the course of his or her employment with the City. In addition, a Human
Resources file shall be maintained for each employee in which copies are kept of forms
and other records affecting the employment status of the employee. At the time of an
employee's separation from service, the master record will be placed in his or her
Human Resource file and the file transferred to an inactive file which shall be kept for
six (6) years from date of separation.
2. Notifying City of Changes in Personal Information:
It is the responsibility of each employee to promptly notify the Human Resources
Department, and the department to which he or she is assigned, of any changes in
address, dependent status/coverage, telephone, marital status, or emergency contact
person.
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3. Medical Information:
a) Separate Confidential Files: All medical information about an employee or
applicant is kept separately and is treated as confidential in accordance with
the Americans with Disabilities Act and the California Confidentiality of
Medical Information Act.
b) Information in Medical Files: The City will not obtain medical information
about an employee or applicant except in compliance with the California
Confidentiality or Medical Information Act. To enable the City to obtain
certain medical information, the employee or applicant may need to sign an
AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL
INFORMATION.
c) Access to Medical Information: Access to employee or applicant medical
information shall be strictly limited to only those with a legitimate need to have
such information for City business reasons. In the case of an employee with a
disability, managers and supervisors may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations.
The City will not provide employee or applicant medical information to a third party (except
as permitted under the California Confidentiality of Medical Information Act) unless the
employee signs an AUTHORIZATION FOR RELEASE OF EMPLOYEE MEDICAL
INFORMATION. The City will release only the medical information that is identified in the
employee's authorization. If the employee's authorization indicates any limitations regarding
the use of the medical information, the City will communicate those limitations to the person
or entity to which it discloses the medical information.
4. Employee Access to Human Resource File:
a). Inspection of File: An employee may inspect his or her own human resource
file or payroll record, to the extent defined in California Labor Code section
1198.5, at reasonable times and at reasonable intervals. An employee who
wishes to review his or her file or record should contact the Human Resources
Department to arrange an appointment. The review must be done in the
presence of a Human Resource representative.
b) Copies: On request, an employee is entitled to receive a copy of any
employment-related document and/or employee's payroll record. An employee
who wishes to receive such a copy should contact the Human Resources
Department.
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c) The Human Resources Department shall respond to an employee's request to
inspect or copy the employee's payroll records as soon as reasonably possible,
however, the law allows up to 21 days to respond.
D. OUTSIDE EMPLOYMENT: Full time and part-time employees of the City may engage in
other employment or occupation outside their regular working hours if such employment does
not interfere with the efficient performance of their duties for the City. Employees must make
request and receive approval in writing prior to beginning second employment. Such
employment must be approved by their Department Head with a notice of such approval
forwarded to the Human Resources Director to be filed in the employee's Human Resources
file. Such approval for outside employment may be revoked by the Department Head if the
efficiency of the employee is being impaired thereby. Such notice of revocation shall be in
writing with a copy forwarded to the Human Resources Director for inclusion in the
employee's Human Resources file. An applicant must disclose other employment they intend
to continue prior to date of hire with the City.
E. SALARY VERIFICATION: Public employees have a right to privacy with respect to salary
information. Human Resources shall request a signed release form before releasing salary
information to an outside party. All salary verifications will include the following:
./ Base Pay
./ Education Incentive Pay
./ Holiday Pay
./ Bilingual Pay
No other contributions are included. It will be the responsibility of the Human Resources
Department to provide this information.
F. SAFETY & HEALTH: The City of Gilroy is committed to the safety and health of all
employees in the workplace. To that extent, we have implemented the Injury and Illness
Prevention Program.
Members of management are expected to do everything within their control to assure a safe
environment and to always be in compliance with federal, state, health, and local safety
regulations.
Employees are expected to obey safety rules, follow established safe work practices and
exercise caution in all their work activities.
All employees are expected to immediately report any unsafe conditions to their supervisor.
Employees at all levels of our organization who are responsible for correcting unsafe
conditions should do so.
Working together, we can succeed in having a workplace which is safe, healthful and shall do
everything necessary to protect the life, health and safety of all employees. Contact the
Human Resources Department for the Injury Illness Prevention Program (IIPP).
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G. DISCRIMINATION AND HARASSMENT PREVENTION POLICY
The purpose of this policy is to establish a strong commitment by the City to the prevention of
all forms of discriminatory harassment in employment, to sensitize and educate employees to
the issue of discriminatory harassment, to define discriminatory harassment and to set forth a
procedure for investigating and resolving internal complaints of harassment. The City of
Gilroy maintains a "zero tolerance" standard regarding any form of discriminatory
harassment. This policy is subject to modification as needed by the City Administrator,
however, changes within the scope of bargaining are subject to the meet and confer process
under MMBA.
This policy applies to an applicant, employee, volunteer, or person providing serVIces
pursuant to a contract. This policy shall also apply to elected and appointed officers of the
City of Gilroy.
1. DEFINITIONS:
Harassment can consist of any form or combination of verbal, physical, visual or
environmental conduct. It need not be explicit, nor even specifically directed at the
victim. Sexually harassing conduct can occur between people of the same or different
genders. Also, as noted below, one person's attempt to compliment a co-worker on
dress or appearance or to be funny or witty may be perceived by the co-worker as
harassment.
Harassment includes, but is not limited to the following misconduct:
a. Verbal Harassment - For example, epitaphs, derogatory comments or slurs on the
basis of actual or perceived race, religion, color, national origin, ancestry,
disability, medical condition, marital status, age, sexual orientation or gender or
sex, or other characteristic protected by law. This might include inappropriate
sex oriented comments on appearance, including dress or physical features, well-
intentioned compliments, talking about sexual fantasies, or race oriented stories.
This also could include referring to an adult as "girl", "hunk", "doll", "honey" or
"boy" .
b. Physical Harassment - For example, assault, impeding or blocking movement,
with the physical interference with normal work or movement when directed at an
individual on the basis of actual or perceived race, religion, color, national origin,
ancestry, disability, medical condition, marital status, age, sexual orientation
gender or sex, or other characteristic protected by law. This could be conduct in
the form of kissing, pinching, grabbing, patting, propositioning, extended staring
at body parts, blocking a person's path, or making explicit or implied job threats
or promises in return for submission to physical acts.
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c. Visual Forms of Harassment - The display or circulation of offensive or
derogatory visual or written material related to race, religion, color, national
origin, ancestry, disability, medical condition, marital status, age, sexual
orientation, gender or sex or other characteristic protected by law. For example:
derogatory posters, notices, bulletins, cartoons, or drawings, graffiti, computer
graphics or electronic media transmissions.
d. Hostile or Offensive Work Environment - Unwelcome conduct, request(s) for
sexual favor(s), joke(s), innuendo(s), epithet(s), and other verbal or physical
conduct that has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive
work environment that a reasonable person would find hostile or offensive. A
hostile work environment can exist where the complainant is not the direct
recipient of the inappropriate behavior, but rather the inappropriate behavior is
taking place in the complainant's work environment. Whether a work
environment is hostile or offensive is determined by looking at all of the
circumstances, including the frequency of the abusive conduct; its severity;
whether it is physically threatening or humiliating; the effect on the employee's
psychological well-being; and whether it unreasonably interferes with an
employee's work performance.
e. Retaliation - Retaliatory conduct may exist when a person reports harassment and
then is disciplined, transferred, shunned, or denied a promotional opportunity
due to his/her filing a complaint.
Romantic or sexual relationships between supervisors and subordinate employees are
discouraged. There is an inherent imbalance of power and potential for exploitation
in such relationships. The relationship may create an appearance of impropriety and
lead to charges of favoritism by other employees. A welcome sexual relationship may
change, with the result that sexual conduct that was once welcome becomes unwelcome
and harassing.
2. GENERAL:
a. No supervisor or manager may condition any employment, employee benefit of
continued employment by the City of Gilroy on an applicant's or employee's
acquiescence to the behavior defined above. No supervisor or manager may
retaliate against any applicant or employee because that person has opposed a
practice prohibited by this policy or has filed a complaint, testified, assisted or
participated in any manner in any investigation, proceeding or hearing conducted
by an authorized person related to a violation of this policy.
b. No employee shall create a hostile or offensive work environment for any person
by engaging in any discriminatory harassment or by tolerating it on the part of any
employee. No employee shall assist any other individual in doing any act which
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constitutes discriminatory harassment against any employee of the City of Gilroy.
No employee may retaliate against any employee because that person has opposed
a practice prohibited by this policy or has filed a complaint, testified, assisted or
participated in any manner in any investigation proceeding or hearing conducted
by an authorized investigator.
c. Any retaliation against a person for filing a harassment charge or making a
harassment complaint is prohibited. Employees found to be retaliating against
another employee shall be subject to disciplinary action up to and including
termination.
3. COMPLAINT PROCEDURE:
a. Filing - Any employee, job applicant or volunteer who believes he or she has
been harassed may make a complaint orally or in writing with any of the
following:
1) Employee's Supervisor
2) Any Department Head
3) City Administrator
4) Human Resources Director
Any Department Head, manager, or supervisor who receives a harassment
complaint should notify the Human Resources Director immediately.
b. Because prompt, appropriate action may stop incidents of harassment, an
employee should attempt to, at least initially, tell the offending individual that
his/her behavior is unwelcome, offensive and inappropriate. The employee
should also immediately report the situation to one of the persons listed above
in Section 3.a.
c. Upon notification of a harassment complaint, the Human Resources Director
shall:
1) Authorize the investigation of the complaint and supervise and/or
investigate the complaint. The investigation will include interviews
with: a) the complainant; b) the accused harasser; and c) any other
persons the Human Resources Director has reason to believe has
relevant knowledge concerning the complaint. This may include victims
of similar conduct.
2) Review factual information gathered through the investigation to
determine whether the alleged conduct constitutes harassment; giving
consideration to all factual information, the totality of the
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circumstances, including the nature of the verbal, physical, visual or
sexual conduct and the context in which the alleged incidents occurred.
3) Report the results of the investigation and the determination as to
whether harassment occurred to appropriate persons including to the
complainant, the alleged harasser, and the department director. If
discipline is imposed, the discipline will not be communicated to the
complainant.
4) If harassment occurred, take and/or recommend to the appointing
authority (City Administrator) prompt and effective remedial action
against the harasser. The action will be commensurate with the severity
of the offense.
5) Take reasonable steps to protect the victim and other potential victims
from further harassment. In some cases, where the complainant and
the subject of the complaint work closely together, it may be necessary
to change the work hours or shift of the complainant or the subject of
the complaint at the outset of the investigation until the allegations can
be investigated and findings arrived at. If such a transfer occurs of
either party, it shall not be considered punitive, retaliatory, or
disciplinary in nature, but merely necessary to ensure that the
investigation of the complaint can proceed in an orderly and objective
fashion.
6) Take reasonable steps to protect the victim from any retaliation as a
result of communicating the complaint; and
7) If appropriate, take action to remedy the victim's loss, if any, which
resulted from the harassment.
d. Should the complaint involve the investigation of a sworn peace officer, the
investigation shall be conducted in accordance with Government Code Sections
3300-3311 of the Police Officers Bill of Rights.
e. In addition to the above stated complaint procedure, harassment and/or
discrimination complaints may be filed with the State Department of Fair
Employment and Housing within 365 days or with the Federal Equal
Employment Opportunities Commission within 300 days of the harassment or
discriminatory event.
f. Complaints shall be kept in confidence as long as legally and practically
possible during the complaint process.
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4. DISSEMINATION OF POLICY:
A copy of this policy shall be provided to all employees, elected and appointed officials
and volunteers of the City, as well as displayed in prominent locations throughout the
City. Employees of the City shall receive periodic training on the policy. Managers
and supervisors shall be trained every two years in accordance with AB 1825.
H. EQUAL EMPLOYMENT OPPORTUNITY
The City of Gilroy does not discriminate against qualified employees or applicants for
employment on the basis of actual or perceived race, color, religion, gender, national origin,
ancestry, citizenship, age marital status, physical disability, mental disability, medical
condition, sexual orientation, or any other basis protected by law. The City will afford equal
employment opportunity to all qualified employees and applicants as to all terms and
conditions of employment, including compensation, hiring, training, promotion, transfer,
discipline, and termination.
Employees who believe they have experienced any form of employment discrimination are
encouraged to report this immediately, using the Complaint Procedure provided in the City of
Gilroy Discrimination and Harassment Prevention Policy, section G.3. of these rules.
1. ANTI-RETALIATION POLICY:
It is the policy of the City to prohibit the taking of any adverse employment action
against those who, in good faith, oppose, or participate (as witnesses or accused) in
investigations into complaints of alleged violations of City policy or State or Federal
law in retaliation for that reporting, opposition, or participation. Disciplinary action,
up to and including termination, will be taken against an employee or officer who is
found to have violated this Anti-retaliation Policy. Any elected official or contractor
who violates this Anti-retaliation Policy will be subject to appropriate sanctions.
a. Policy Coverage: This Anti-retaliation Policy prohibits City officials, officers,
employees, or contractors from retaliating against applicants, officers, officials,
employees, or contractors because of any of the protected activity as defined
herein.
b. Definitions:
1) "Protected activity" includes any ofthe following:
./ Filing a complaint with a federal or state enforcement or administrative
agency
./ Participating in or cooperating with a federal or state enforcement
agency that is conducting an investigation of the City regarding alleged
unlawful activity
./ Testifying as a party, witness, or accused regarding alleged unlawful
activity
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./ Associating with another employee who is engaged in any of the
protected activities enumerated here
./ Making or filing an internal complaint with the City regarding alleged
unlawful activity
./ Providing informal notice to the City regarding alleged unlawful
activity
2) ""Adverse action" includes any of the following:
./ Real or implied threats of intimidation to attempt to prevent an
individual from reporting alleged wrongdoing or because of protected
activity
./ Refusing to hire an individual because of protected activity
./ Denying promotion to an individual because of protected activity
./ Taking any form of disciplinary action because of protected activity
./ Issuing a poor evaluation because of protected activity
./ Extending a probationary period because of protected activity
./ Issuing a poor evaluation because of protected activity
./ Extending a probationary period because of protected activity
./ Altering work schedules or work assignments because of protected
activity
I. GUIDELINES FOR FLEXIBLE WORK SCHEDULES/ALTERNATIVE WORK HOURS
Before a department head authorizes the use of a flexible work schedule for an employee( s) or
changes the work hours for an employee(s), the following guidelines must be met.
1. The change will have a positive effect on customer service.
2. The change will have no adverse effect on other City employees.
3. The change will not cost the City any additional monies.
4. The department will have ""retreat" rights, if the change does not work out in the opinion
of the department head.
5. The change meets the overall needs of the department and the City.
6. The department head or his/her designee shall be provided a seven (7) calendar day notice
of an alternatelflexible work schedule change under this section unless the employee and
department head (or designee) agree upon a shorter notice period or if there is an
immediate need of the City which necessitates the employee being provided with less than
a seven (7) day notice.
7. The department head or his/her designee shall review the applicable MOD to ensure that
any MOU requirements are addressed/met.
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I, RHONDA PELLIN, City Clerk ofthe City of Gilroy, do hereby certify that the attached
Resolution No. 2007-53 is an original resolution, or true and correct copy of a city resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
11 th day of June, 2007, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 18th day of June, 2007.
)/- )1
\: v~//Lf) L?t>c I )~-~.ll L~ (A --
City clerk of the City of Gilroy
(Seal)