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HomeMy WebLinkAbout07-033 - Resolutions RESOLUTION NO. FD 07-033 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE PERSONNEL RULES AND REGULATIONS WHEREAS, the Rancho Cucamonga Fire Protection District(hereinafter referred to as District) has adopted an Ordinance providing for the establishment of a personnel system; and WHEREAS, the District last established personnel rules by virtue of Resolution No. 1-10-77; and WHEREAS, there is a need to establish amended personnel rules and regulations; NOW, THEREFORE, BE IT HEREBY RESOLVED as follows: SECTION 1: The rules attached hereto shall constitute the amended Personnel Rules and Regulations (Rules) adopted by the District to clearly establish and maintain an equitable, efficient and uniform personnel program. SECTION 2: By this Resolution No. FD 07-033, the Board hereby repeals each and every provision heretofore established by a prior resolution of this Board which is in conflict with this Resolution No. FD 07-033. Please see the following page for formal adoption,certification and signatures Resolution No. FD 07-033 Page 2 of 56 PASSED, APPROVED, AND ADOPTED this 20t"day of June 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None Diane Williams, Mayor Pro Tem ATTEST: 'dR.' 4 OA"' De ra J. Ada s ecretary 1, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 201h day of June, 2007. Executed this 21 st day of June 2007 at Rancho Cucamonga, California. 4"'RL C."Id Debra J. Ada s, ecretary Resolution No. FD 07-033 Page 3 of 56 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT PERSONNEL RULES AND REGULATIONS ADOPTED June 20, 2007 Page 1 of 54 Resolution No. FD 07-033 Page 4 of 56 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT PERSONNEL RULES AND REGULATION'S TABLE OF CONTENTS PAGE SECTION I. DEFINITION OF TERMS 5 SECTION II. ADMINISTRATION 1. Personnel Officer 7 SECTION III. CLASSIFICATION PLAN 1. Establishment 8 2. Amendment and Maintenance of Plan 8 3. Class Specifications 9 SECTION IV. COMPENSATION 1. Salary Ranees 9 2. Salary on Appointment 10 3. Merit Salary Adjustments 10 4. Salary on Promotion 11 5. Salary on Demotion 11 6. Salary on Transfer 11 7. Salary on Position Reclassification 11 8. Salary on Re-employment 12 9. Salary on Rehire 12 10. Acting Pay 12 11. Salary on Change in Range Assignment 12 12. Work Periods and Overtime 13 13. Work Shifts 13 14. Flex Time 14 SECTION V. APPLICATIONS AND APPLICANTS 1. Announcements and Applications 14 2. Rejection of Applicant 14 3. Notice of Rejection 14 SECTION VI. EXAMINATIONS 1. Subject and Methods of Examination 15 2. Confidentiality of Examination 15 3. Scoring of Examination 15 4. Notice of Results 15 SECTION VII. PROMOTIONTAL EVALUATION AND SELECTION PROCESS FOR APPOINTMENT TO CAPTAIN AND ENGINEER 1. Promotional Evaluation Process 15 2. Evaluation Criteria 16 3. Examination Weighting 17 Page 2 of 54 Resolution No. FD 07-033 Page 5 of 56 4. Examination Review 18 5. Promotion and Selection Process 18 SECTION VIII. EMPLOYMENT LISTS 1. Preparation of Lists 18 2. Duration of Lists 19 3. Removal of Names from Lists 19 4. Notification of Changes 19 SECTION IX. APPOINTMENTS 1. Vacancies 20 2. Acting/Interim Temporary Appointment to a Higher Class 20 3. Reinstatement 20 4. Re-hiring 21 5. Fingerprints 21 6. Loyalty Oath 21 SECTION X. PROBATIONARY PERIOD 1. Length of Probation Period 22 2. Extension of Probation Period 22 SECTION XI. NEPOTISM 22 SECTION XII. RELATIONSHIPS BETWEEN DISTRICT PERSONNEL 24 SECTION XIII. PERFORMANCE EVALUATIONS 26 SECTION XIV. CIVIL SUBPOENA/CRIMINAL SUBPOENA 1. Civil Subpoena 29 2. Criminal Subpoena 29 SECTION XV. LEAVES OF ABSENCE WITHOUT PAY 29 SECTION XVI. MOVEMENT WITHIN' THE CLASSIFIED SERVICE 1. Transfer 30 SECTION XVII. SEPARATION FROM SERVICE 1. Termination 30 2. Resignation 31 3. Layoff 31 SECTION XVIII. EMPLOYEE CONDUCT 1. Professional Conduct Behavior 32 2. Outside Employment 32 3. Official Badge, Insignia, or Other Identification 32 4. Code of Ethics 32 5. Grooming and Uniform Standard 35 SECTION XIX DISCRIMINATION AND HARASSMENT 1. Purpose 35 2. .Policy 35 3. Definitions 36 4. Complaint Procedure 38 5. Confidentiality 39 6. Responsibilities 40 7. Dissemination of Policy 41 SECTION XX SAFETY Page 3 of 54 Resolution No. FD 07-033 Page 6 of 56 1. Compliance 41 2. No. Discrimination 41 3. Safety Equipment 41 4. Employee Responsibility 41 5. Smoking Policy 42 SECTION XXI PHYSICAL JOB REQUIREMENTS 42 SECTION XXII FITNESS FOR DUTY EVALUATION 42 SECTION XXIII GRIEVANCE PROCEDURE 44 SECTION XXIV DISCIPLINARY ACTION 1. Cause for Suspension 44 SECTION XXV DISCIPLINARY APPEAL 1. Purpose 45 . 2. General Provisions 46 3. Pre-Disciplinary Notice 46 4. Hearing Officer Appeal 48 5. CEO Decision 50 SECTION XXVI EMPLOYEE ORGANIZATIONS 1. Procedure for Recognition 51 2. Appropriate Unit Determination 52 3. Recoanition 52 4. List of Recognized Organization 53 5. Suspension or Withdrawal of Recognition 53 SECTION XXVII MANAGEMENT RIGHTS 1. Scope of Rights 53 2. Emergency Conditions 54 Page 4 of 54 Resolution No. FD 07-033 Page 7 of 56 SECTION L DEFINITION OF TERMS 1. Appointing Authority- The City Manager or his/her designee. Z. Appointment - The act of filling a vacant position with an individual who has met the qualifications for that position. 3. Appointment Date: (a) Original date of employment used to compute vacation, sick leave and retirement benefits; (b) The date a person is promoted computed from the nearest pay period. In general, this shall be the date upon which merit step increases are implemented. 4. Board - The Board of Directors of the Rancho Cucamonga Fire Protection District. 5. Chief Officer—Fire Chief(or designee), Deputy Chief, Battalion Chief. 6. City—The City of Rancho Cucamonga. 7. City Manager— The City Manager of the City of Rancho Cucamonga. (If any District resolution, ordinance or policy refers to its "Chief Executive Officer," that term shall be synonymous with the tern "City Manager." 8. District - The Rancho Cucamonga Fire Protection District. 9. Class or Class of Positions - All positions in the District service having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge and ability may be demanded of-incumbents, and so that the same schedule of compensation may be made to apply with equity to all. 10. Eligible—Any individual who has successfully passed a competitive examination or interview and who has his name placed on an eligible list. 11. Employee (a) Acting/Interim - Any-employee appointed to a class or position, which position isnot occupied by an active status employee. (b) Classified - Any employee of the District filling a position assigned to a classification under the pay plan for employees. Page 5 of 54 Resolution No. FD 07-033 Page 8 of 56 (c) Part-time - Any employee working a fraction of the normal work day or week whose hours may be regular or irregular. No employee benefits will accrue to part time employees. (d) Permanent - Any employee who has successfully completed probationary period and is retained in accordance with these rules. (e) Probationary- One appointed to fill a permanent position not having completed the trial or probation period. (f) Provisional - Any employee appointed on a temporary basis when no appropriate list is available from which to establish a permanent appointment. (g) Temporary–A person employed to meet a short term need due to the-workload within a department. An employee shall not remain in this category over six (6) months without the approval of the Fire Chief. 12. Emplo e�ganization—Any recognized organization which includes employees of the District and which has as one of its primary purposes the representation of such employees in their employment relations with that agency. 13. Examination A. Open Competitive - A test or tests given to all qualified applicants after a suitable period of advertising to establish an eligibility list for a vacant position. B. In-House Promotional - A test or tests open to District employees to establish an employment list for a vacant position, provided they have the minimum qualifications required for that position. 14. Fire Chief- The chief administrator of the Fire Department, or that individual duly authorized to act in behalf in his/her absence. The Fire Chief shall be responsible to and report to the City Manager. 15. Personnel Officer–The City Manager or anyone he/she may appoint and/or delegate to act in his/her behalf on personnel matters. 16. Probationary Period - A working test period during which an employee is required to demonstrate his/her capability for the duties of the position to which he/she are appointed by actual performance. Page 6 of 54 Resolution No. FD 07-033 Page 9 of 56 17. Promotion- The movement of an employee from one class to another class having a higher maximum rate of pay. 18. Reclassification - A change in allocation of an individual's position by raising it to a higher class, lowering it to a lower class, or moving it to another class at the same level. 19. Seniority- The length of full time continuous service with the District. 20. Suspension - A temporary removal from duty of an employee, without pay, for disciplinary reasons. 21. Termination - The leaving of District service by an employee due to death, discharge, layoff, resignation, retirement, or work completion. SECTION II. ADMINISTRATION 1. .Personnel Officer A. For purposes of implementing these Rules and Regulations, the City Manager has delegated to the Fire Chief, the duties of Personnel Officer. This delegation is subject to revocation/modification, by the City Manager. The Fire Chief may in tum, delegate all or part of the power and duties of the Personnel Officer, except where specifically prohibited. B. The Personnel Officer shall: (1) Prepare and recommend to the Board as required, revisions and amendments of the District's Rules. (2) Prepare or cause to be prepared, a position classification and salary plan, including class specifications and revisions of the plan as required. (3) Be responsible for administration of the Rules, and for all personnel practices in the District. (4) Administer the Disciplinary and Grievance procedures as provided for in applicable Memoranda of Understanding and/or District Rules. (5) Maintain training files with the Training Battalion Chief and personnel files with the Personnel Department. To the extent allowed by law, an employee's own file shall be available to that employee upon request and by appointment only. An employee Page 7 of 54 Resolution No. FD 07-033 Page 10 of 56 can make copies of his/her own personnel and training files at his/her own expense. SECTION III. CLASSIFICATION PLAN 1. Establishment A. The City Manager may create new classes or divide, combine, or abolish existing classes, and may reassign a class from one salary range to another. B. All existing positions and all new positions in the competitive service, shall be allocated by the Personnel Officer to their proper class in the Classification Plan. Such Classification Plan shall include a descriptive title and a definition, outlining the scope of the duties and responsibilities for each class of position. Placement within a position shall be based on the principal that all positions would be included in the same class if: (1) Sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used; (2) Substantially the same requirements as to education, experience, knowledge and ability are demanded of incumbents; (3) Substantially the same tests of fitness may be used in choosing qualified appointees; and (4) The same salary range may be made commensurate with the duties and responsibilities of the position. C. The classification title of a position shall be used in all official personnel and budget records and transactions. D. Whenever it is necessary for the District to employ a person on an emergency or extra help basis for which there are no classifications, the City Manager may authorize such employment. In such case the City Manager shall, upon recommendation of the Personnel Officer, fix the amount of compensation and determine the minimum qualifications for such additional employees and limit, in advance, the period of time the position may be allowed. 2. Amendment and Maintenance of Plan A. Whenever one or more new positions are under consideration for possible establishment, or whenever, because of any revision in organization function a significant change of the duties or responsibilities of any existing position is to be made which may require the reclassifications of such position, or whenever a new class is created to which any position may more appropriately be Page 8 of 54 Resolution No. FD 07-033 Page 11 of 56 allocated, or whenever, because of the abolishment or combination of any existing positions or classes, and amendment of the classification plan is required, one or a combination of the procedures stipulated below shall be observed: (1) The Personnel Officer may report the significant facts relating to such possible changes in writing to the City Manager. (2) An employee may request in writing to his or her Employee Organization representatives that a position classification inquiry be conducted. The Employee Organization representatives shall forward the request to the Personnel Officer. (3) The Personnel Officer may undertake an inquiry of the classification of a position. (4) Upon either of the foregoing initiations, the Personnel Officer may undertake a study of the assigned duties and responsibilities of any such position and the qualifications required for filling same, and of the relationships of such positions to other classes of positions in the Classification Plan. (5) On the basis of such investigation, the Personnel Officer may then make necessary recommendations regarding the allocation of the position to a more appropriate class in the existing Classification Plan, or recommend the establishment of the new class to which the position would be allocated, whichever is the most appropriate action. Whenever an inquiry is undertaken by request of an employee, the Personnel Officer shall present his/her findings in writing to the employee within 60 days from the date of inquiry. 3. Class Specifications A. The Personnel Officer shall maintain a written specification for each class based on a study of the duties and responsibilities of positions in the District. Each class specification shall set forth the title of the class, a definition of the duties encompassed, distinguishing characteristics, if necessary, examples of duties, and a statement of the qualifications for proficient performance of the work. SECTION IV. COMPENSATION 1. Salary Ranges The base salary ranges for all classes in the bargaining units shall consist of ranges having five (5) steps, labeled A through E, with the exception of the Fire Chief and Page 9 of 54 Resolution No. FD 07-033 Page 12 of 56 Deputy Chief having six (6) steps, labeled A-F, approximately five percent (5%) between each step. Placement within the range shall be in accordance with the following: 2. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 3. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: A. Employees are eligible to be considered for an adjustment at the completion of six (6) consecutive months of service to the District or after six (6) months of serving in a promotion to a new classification, regardless of step at time of appointment or promotion. Subsequent consideration for adjustment shall be on twelve (12) consecutive month basis. B. Absence of more than one hundred eighty(180) continuous calendar days, other than vacation or military leave, shall cause the employee's merit salary review date to be extended the number of calendar days he or she was absent. C. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the initial merit salary review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's initial merit salary review date. If the period of postponement exceeds three (3) months from the initial merit salary review date and the employee receives a salary increase, the employee shall be assigned a new merit salary review date based on the date the increase was granted. D. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. E. Should an employee's merit salary review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional salary he or she would have received had the increase been granted at the appropriate time. F. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of Page 10 of 54 Resolution No. FD 07-033 Page 13 of 56 the Fire Chief, an employee may be placed at any step in the salary range for his or her class. 4. Salary on Promotion An employee, who is appointed to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his/her base salary rate, provided that no employee may receive a rate in excess of top step of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new merit salary review date shall be based upon the effective date of the appointment. 5. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: A. Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5)percent reduction in pay. B. Non-disciplinary demotion - that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 6. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. 7. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: A. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. Page 11 of 54 Resolution No. FD 07-033 Page 14 of 56 B. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. C. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 8. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 9. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 10. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. When the work schedule or assigned duties are extremely different, the Fire Chief may approve acting pay which is higher than 5%. To receive acting pay the employee must: A. Be formally assigned, by the Fire Chief or designee, duties either appropriate to a higher class, or within class but with substantially extra duties. B. Subject to (C) below, work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning (not retroactive) with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hours shifts. C. In any instance where it is reasonable anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 11. Salary on Change in Range Assignment Page 12 of 54 Resolution No. FD 07-033 Page 15 of 56 When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 12. Work Periods and Overtime A. The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred six (106) hours in the period. B. The work period for forty(40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. C. Newly appointed, trainee firefighters who are students at the District Fire Academy shall work a 48 hour per week schedule, inclusive of a paid meal period and breaks. 13. Work Shifts A. All twenty-four(24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four(24) hours thereafter. B. Administrative Staff's ten (10) hour work shifts begin at 0700 and end at 1800. C. Fleet Maintenance (Full-time Personnel) ten (10) hour work shifts begin at 0700 and end at 1800. 14. Flex Time A. The work schedules of employees assigned to other than twenty-four (24) hours work shifts are subject to change depending on needs of the service or desires of the concerned employee(s). B. In order to address the District determination that employees shall be assigned to attend training or other educational opportunities, subject to the exception that when an employee attends training in excess of eighty (80) or more consecutive hours, the employee may at District discretion be placed in or on a forty(40)hour schedule at the start of the training course, and be paid as a forty (40) hour employee, the District shall not change work schedules when the purpose of the change is to minimize payment of time and one-half for overtime. C. The District Fire Academy work schedule is based on 48 hours per week; overtime will be paid in excess of 48 hours per week or 96 hours per two (2) week schedule. Page 13 of 54 Resolution No. FD 07-033 Page 16 of 56 D. Employees may request schedule changes to address personal interests. Whenever reasonably compatible with District needs, such requests will be accommodated, provided however, that the needs of the service as determined by the District will take precedence over employee preferences. E. The District will not effect or affect schedule changes but for good and sufficient cause. SECTION V. APPLICATIONS AND APPLICANTS 1. Announcements and Applicants A. The Fire Chief or designee shall prepare an official bulletin that announces any proposed examinations and shall distribute it to secure the most qualified applicants. The official examination bulletin shall contain information as to the title of the position, typical duties and responsibilities of the position, current salary for the position, the degree of education, training or experience required, passing scores, the manner of making application, and any other information that may be pertinent. Official application forms shall be made available. All processes shall be approved by the Personnel Officer who shall work in conjunction with the Fire Chief or the Chief s designee. 2. Rejection of Applicant A. The Fire Chief may reject an applicant for any of the following causes: (1) Lack of minimum qualifications or requirements set forth in the official examination bulletin announcing the proposed examination. (2) Being physically incapable of performing the duties of the position as determined by a physician appointed by the District. (3) Having been convicted of a felony crime involving moral turpitude. (4) The making of any false statements or omitting any material fact, or practicing any deception or fraud in his/her application or examination. (5) Failure to complete the application or process as described in the official bulletin announcing the examination, including failing to sign the application. 3. Notice of Rejection Page 14 of 54 Resolution No. FD 07-033 Page 17 of 56 A. Whenever an application is rejected, written notice of such rejection shall be mailed to the applicant stating the reason for such rejection. SECTION VI. EXAMINATIONS 1. Subject and Methods of Examination A. There will be various phases of examination for any vacant authorized position. B. The selection techniques used in the examination process shall be of a practical nature and shall relate to those subjects which measure the relative capabilities of the individuals examined. C. The method of examining applicants shall be determined by the Fire Chief or his/her designee. D. Examinations for new employees may consist of a physical, medical and/or psychological test as part of the examination. When such testing is required, it shall be made at the District's expense by a duly licensed practitioner. 2. Confidentiality of Examination A. The identity of persons taking written examinations shall not be disclosed until after the examination process is complete. B. An Applicant's scores shall only be disclosed to the applicant. 3. Scoring of Examination A. Failure on any part of an examination shall be grounds for declaring that the applicant has failed the entire examination, or that the applicant is disqualified for subsequent parts of the examination. B. All applicants must pass each individual testing phase with a minimum score of 70%. 4. Notice of Results A. Each applicant in an examination shall be notified of the results thereof. SECTION VIL PROMOTIONAL EVALUATION AND SELECTION PROCESS FOR APPOINTMENT TO CAPTAIN AND ENGINEER 1. Promotional Evaluation Process Page 15 of 54 Resolution No. FD 07-033 Page 18 of 56 A. The Promotional Evaluation consists of the following steps: (1) Candidate will be instructed to complete a one (1) page resume listing his/her complete post/after high school education, accomplishments, and District program involvement during the prior two (2) years. The resume which will be utilized by the evaluators shall be according to District Policy. (2) Identify the appropriate management personnel to participate in the process, to include the candidate's recent immediate supervisors. PROMOTIONAL MANAGEMENT CLASSIFICATIONS EXAMINATION PARTICIPATION AS EVALUATORS Fire Captain Fire Captain Fire Engineer Fire Captain (3) The promotional evaluation process will be conducted as a consensus process for the positions of Engineer and Captain. All persons who are eligible to participate in the process as evaluators must participate, unless their absence is approved by the Training Officer. (4) Scores will be compiled and verified by both the Training Officer and another Chief Officer and/or Personnel Department employee. (5) The Personnel Officer will be consulted for legal guidelines and conflict resolution. (6) A consensus evaluation on each candidate will be developed as follows: a. Evaluator comments will be compiled into a summary in the "comments" area for each section of the evaluation form during the consensus process. b. Scores will be totaled and the average taken to determine the consensus score for each section of the evaluation form. 2. Evaluation Criteria (in addition to demonstration of technical skill) A. The promotional evaluation process is based on the following criteria: Page 16 of 54 Resolution No. FD 07-033 Page 19 of 56 (1) Core Values — Integrity, Innovation, Tradition, Professionalism, People, Stewardship, as described in the District Mission Statement. (2) Work Relationships and Interpersonal Skills - Develops and maintains positive working relationships with other employees; works productively and harmoniously as a member of a team; assists others as needed, displays willingness to work with a variety of personalities. Sensitive to the needs and concerns of others; courteous and respectful of others; effective in establishing professional rapport with the public, personnel from other agencies; objective and rational in addressing/resolving areas of conflict or disagreement. (3) Initiative and Dependability - High inner work standards and self discipline; consistent high quality and above average effort expended; takes pride in work; acts on own without being prompted; pursues personal development/improvement; generates and follows through on ideas/suggestions for strengthening District operations/procedures. Can be relied upon to meet deadlines, adheres to policies and procedures and participate in and contribute to committees, special projects, etc.; loyal and supportive of District activities, decisions, etc.; consistently good attendance and safety record. (4) Leadership - Sought out by others for advice, persuasive and influential; respected by subordinates, peers and superiors for professional conduct and personal skills; provides excellent role model for personnel; consistent and fair in dealing with others; has inner strength and self-confidence to make difficult/unpopular decisions as needed. (5) Decision Making - Demonstrates readiness to render decisions; fully assumes responsibility for outcome of decisions; makes sound decisions using available information; operates within appropriate limits of authority; visualizes and assesses impact prior to finalizing decisions. 3. Examination Weighting A. The weighting of the promotional evaluation process will be as indicated below: Page 17 of 54 Resolution No. FD 07-033 Page 20 of 56 PROMOTIONAL ALL OTHER EVALUATION EXAM SECTIONS Fire Captain 20 % 80 % Fire Engineer 15 % 85 % 4. Examination Review A. Candidates may schedule a review of the consensus evaluation with the City Personnel Officer after the completion of the examination. 5. Promotion and Selection Process A. When an appointment to a vacancy is needed, the Fire Chief will request that the Battalion Chiefs meet and rate each candidate in the highest band and make their recommendations in writing for him/her to review. Their ratings and comments, while important, are not necessarily binding, but are to be used as a tool for the Fire Chiefs consideration in making his selection to fill the vacancy. B. Areas to be evaluated in the Battalion Chiefs' review shall consist of committee work, special assignments and the employee's personnel file, and other factors deemed relevant by the Battalion Chiefs. C. After the Fire Chief receives the Battalion Chiefs' recommendations, he/she may conduct an interview with each candidate in the highest band. The Fire Chief will then make his/her selection for promotion. D. If there are three (3) or more candidates in the highest band, the Fire Chief shall select an individual from that band. If there is less than three (3) candidates in the highest band, the Fire Chief may select a candidate from the next highest band. If the Chief for some reason passes over a person in a higher band for a person in the lower band, his/her findings shall be justified in writing. SECTION VIII. EMPLOYMENT LISTS 1. Preparation of Lists A. The banding process shall be used to assign individuals based on their test scores and management evaluations to an "A", "B", or "C" band. B. For Captain and Engineer, one representative from the affected employee organization and one Chief Officer shall review the numerical spread of the individual scores and agree on the clusters, producing an A, B or C band. The Chief Officer shall not be the same person who tabulated test scores. Pa-e 18 of 54 Resolution No. FD 07-033 . Page 21 of 56 For other positions, the Fire Chief or designee shall review the numerical spread of the individual scores and determine theappropriate banding. Example: Highest applicants having scores of 95 through 97, would most likely all be placed in "A" band. The remaining applicant scores are 85 and 83 respectively; because of the separation of these two scores in comparison to the above scores, they most likely would be placed in the "B" band, thus eliminating the need for a "C" band. However, should there have been additional applicant scores grouped in the 70's, they would be placed in the "C" band. C. The exam scores that differentiate the respective bands will be confidential and known only by the personnel who develop the bands. This confidentiality is paramount to the effectiveness and overall integrity of the examination process. D. Once the bands have been established, individuals in each band will be listed by name in alphabetical order and without scores on the Promotional Eligibility List. All members of each respective band are considered qualified for promotional consideration. 2. Duration of Lists A. Employment lists shall be effective for a period of one (1) year from the date of their establishment. Upon recommendation of the Fire Chief, the City Manager may extend the duration of an employment list for a maximum of one (1) year from the date it would originally have expired. When appropriate lists for a given classification contain a total of fewer than three (3) names, or the number of eligible candidates does not exceed by two (2) the number of vacancies to be filled, the Fire Chief may request a new examination and the preparation of a new employment list for any class of position. 3. Removal of Names from Lists A. The Fire Chief may remove the name of any eligible applicant from the employment list: (1) Upon receipt of a written statement from the eligible applicant declining appointment or stating that he/she wishes his/her name removed from the employment list. (2) If the applicant has been rejected for any reason as set forth in these Rules. 4. Notification of Changes Page 19 of 54 Resolution No. FD 07-033 Page 22 of 56 A. It shall be the responsibility of eligible applicants to notify the District, in writing, of any change of address or other change affecting qualifications or appointment. SECTION IX. APPOINTMENTS 1. Vacancies A. When a vacancy occurs, the Fire Chief shall at his/her discretion fill the vacancy and provide such information as is required to.the City Manager. (1) Except for Appointments to Captain and Engineer classifications, appointments can be made as to anyone in any band. 2. Acting/Interim Temporary Appointments to a Higher Class A. An acting/interim appointment may be made by the Fire Chief to a higher class or position occupied by a person on temporary leave or disability. Acting/interim appointments shall be made from existing eligibility lists. Should no eligibility list exist, acting/interim appointments may be made by the Fire Chief. Compensation for acting/interim appointments should be pursuant to these Rules. B. Upon return of the incumbent from leave or disability, the acting appointment shall be immediately terminated and the appointee shall resume his/her regular duties, compensation and privileges. 3. Reinstatement A. Subject to existing District rules and regulations, the Fire Chief may reinstate any person who has resigned in good standing, without the person being on an existing eligibility list. B. Accordingly, reinstatement shall be conditioned upon all of the following circumstances having been met: • A vacancy in the class or position for which the employee seeks reinstatement. • Not more than twelve (12) months have elapsed between the time of the former employee's separation and what would be the effective date of reinstatement. • The former employee shall meet the medical/psychological requirements of the position. • Work performance and conduct appraisals at the time of separation were satisfactory. Page 20 of 54 Resolution No. FD 07-033 Page 23 of 56 • The Personnel Officer shall approve of any reinstatement request prior to such appointment. • Nothing shall have occurred during the break in employment that reflects adversely on the City government or which impairs the'individual's ability to perform duties effectively. • Upon reinstatement; there shall be no break in service for purposes of computing seniority, in those instances where seniority—defined as uninterrupted length of service in the employ of the District—is a factor that impacts terms and conditions of employment. However, there shall be no accrual of seniority for the period of separation. • An employee who is reinstated to a position where the necessary probationary test period had not been completed at the time of reinstatement, shall be required to complete that probationary test period by means of successfully completing the total number of months remaining on the probationary testing period at the time of the employee's separation from employment. 4. Re-hiring A. Subject to existing District rules and regulations, the Fire Chief may re-hire into a classification previously filled with the District by the former employee, any person who has resigned in good standing, without that person being on an eligibility list, but will be considered a new employee for appointment. B. Accordingly, re-hiring shall be conditioned upon the requirements of the District, as determined by the Fire Chief. 5. Fingerprints A. In order to be appointed to any position in the District (volunteer or career), all persons must consent to have a copy of his/her fingerprints on file and clearance through appropriate law enforcement agencies for criminal history check. 6. Loyalty Oath A. Oath of affirmation of allegiance for public employees (Shall be administered to all employees at time of appointment.) "I do solemnly swear(or affirm) that I will support and defend.the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." Page 21 of 54 Resolution No. FD 07-033 Page 24 of 56 SECTION X. PROBATIONARY PERIOD 1. Length of Probationary Period A. Appointees to a position, and to a promotional position, shall be placed on probation for a period of one (1) year. The probationary period shall be extended in an amount of time equal to all thirty(30) consecutive calendar days or greater absences during the one-year period, by providing the employee written notification of the extension prior to the expiration of the one year period. B. The probationary period shall not include the time served under any temporary an/or acting/interim appointment, but shall date from the time of appointment to a permanent position. C. Appointees to an initial employment with the District may be released from employment without cause during the one (1) year probation and without disclosing any reasons. An initial hire probationary appointee is an at-will employee who is subject to release without cause. Although a pre-existing District employee serving a probationary testing period in a promotional position is subject to rejection from that position without there being any showing of cause or right to appeal as to the issue of rejection, such an employee shall not be subject to disciplinary action as that term is defined in these Rules, without being afforded the procedural safe guards set forth in these Rules. 2. Extension of Probationary Period A. At the discretion of the Fire Chief, any employee serving a probationary period may, prior to the conclusion of such period, have his/her probationary period extended for a period of up to six (6) months. SECTION XI. NEPOTISM It is the policy of the Board to restrict the hiring and/or employment of relatives of City/District employees based on the following criteria: 1. For the purposes of this policy, the following definitions shall apply: A. A "relative" is defined as a spouse, domestic partner, child, step-child, parent, step-parent, parent-in-law, legal guardian, brother, sister, brother- in-law, sister-in-law, step-sister, step-brother, aunt, uncle, niece, nephew, grandchild, grandparent, regardless of their place of residence, individuals related to a domestic partner, or any other individual related by blood or marriage living within the same household as the City/District employee. Page 22 of 54 Resolution No. FD 07-033 Page 25 of 56 2. The employment of relatives of City/District employees within the City of Rancho Cucamonga and/or the Fire Protection District is limited in the following situations: A. Any relative of a Council Member, the Board, the City Manager or of a Chief Officer shall not be considered for employment within the District in any capacity, either full time or part-time. B. Any relative of a Board-appointed Commissioner or Board or Committee Member of the Fire Protection District, shall not be considered for employment in any capacity(full or part-time) within the District. C. The appointment, promotion or transfer of relatives of all other City/District employees is prohibited within the District when as a result of appointment, promotion or transfer, such related employees shall on a regularly recurring basis, supervise or be supervised by a relative, work on the same apparatus as a relative, or be given assignments by a relative. The above prohibited conditions may be permitted for short periods not exceeding three (3) hours or in emergency conditions as declared by the Fire Chief or designee. D. Employees of equal rank who are determined to be "related" and who are employed by the District on July 1, 2007 may be assigned on the same shift or work location provided they do not regularly give assignments to one another. Employees of unequal rank who are determined to be "related" and who are employed by the District on July 1, 2007 shall not be regularly assigned to the same shift or work location if they can be expected to supervise or give assignments to one another. E. Relatives of City/District employees, except for relatives of Board Members, the City Manager, City Council/Board appointed Commissioners, or Chief Officers, may be appointed for temporary assignments as long as the temporary assignment does not otherwise conflict with Section 2(C). F. If two (2) existing District employees become a relative and their employment conflicts with this rule, they may continue employment provided that such employment does not conflict with Section 2(C). above, nor directly or indirectly place an undue hardship upon other employees within the particular work unit of the married couple and such employment is not detrimental to the supervision, safety, security or Page 23 of 54 Resolution No. FD 07-033 Page 26 of 56 morale of the particular work unit. The Fire Chief or his/her designee shall determine whether such detriment or undue hardship exists, subject to the right of appeal through the grievance procedure. G. In no case may an employee participate directly or indirectly in the recruitment or selection process for a position in which an employee's relative may have filed an official employment application. SECTION XII. RELATIONSHIPS BETWEEN DISTRICT PERSONNEL 1. Camaraderie among employees is healthy for the employees and the organization they work for. It is a necessary ingredient in an effective, successful,productive, and fulfilling work place. Since employees spend so much of their time working together, it is only natural and predictable that relationships, both on and off duty, develop and grow. 2. Public trust requires that employees avoid even the appearance of a conflict between their professional responsibilities and their personal relationships with others. Generally, a potential for such a conflict arises from an off-duty dating relationship or an outside business interest. 3. A dating relationship is defined as a romantic or sexual relationship between employees. A business relationship is defined as two or more employees who are involved in a business enterprise which may involve financial considerations. This would include, but is not limited to, investing in a business, working for a secondary employer where one employee is in a superior role to the other, or where one employee is responsible for the scheduling of the secondary employment. 4. Employees involved in a business relationship as defined above shall notify the Fire Chief in writing of the association via the chain of command within fifteen (15) calendar days of the time within which either or all of the parties to the relationship knew or should reasonably have known of the existence of the relationship. 5. Due to the sensitive nature of personal dating relationships and potential they have for negatively impacting the efficient operation of the District, employees involved in a dating relationship that does not involve a superior/subordinate relationship as described in this rule are encouraged, but not required, to notify the Fire Chief in writing of their relationship as soon as practical. Such information is for the protection of the District, the employees involved, and other employees. The notification will allow the District to take action that will protect their interests of all parties by avoiding remedying an actual or perceived conflict of interest. 6. In the case of employees involved in a dating relationship where a superior/subordinate relationship also exists, those employees shall notify the Fire Chief in writing of the relationship within fifteen (15) calendar days of the time within which either or all of the parties to the relationship knew or should reasonably have known of the existence of the relationship. Page 24 of 54 Resolution No. FD 07-033 Page 27 of 56 7. In those situations where a relationship exists between two (2) individuals of the same rank/position, the Fire Chief shall determine whether or not remedial measures are .needed based upon an analysis by the Chief of the following non-inclusive factors which either exist or are reasonably perceived as existing: A. Does the relationship have an impact on employee safety? B. Does the relationship have an impact upon the necessary professional/collegial environment within any or all divisions of the Fire District? C. Does the relationship have an impact upon the ability of a superior to effectively perform supervisory duties? D. Does the relationship have an impact upon the validity of performance evaluation reports and similar documents? E. Do either of the employees in the relationship have job duties which authorize performance of shared duties on the same or related duty assignments? F. Do any of the employees in the relationship work under the jurisdiction of the same immediate supervisor? G. In using the description "non-inclusive" it is recognized that other factors may arise regarding relationships between individuals of the same rank/position which reasonably necessitate application of this rule to that relationship. 8. Upon determination being made by the Fire Chief in his/her sole discretion that a superior/subordinate dating and/or business relationship exists or that such a relationship exists between two or more employees of the same rank/position which creates an actual or reasonably foreseeable conflict of interest, the Fire Chief shall be authorized in his/her sole discretion to remedy the actual, or reasonably foreseeable conflict by: A. First, attempting to redefine the job responsibilities of the subject employees in order to minimize the conflict. B. If such redefining is not reasonably feasible, one or more of the subject employees may be transferred to a shift and/or assignment which tends to promote the effective and safe operation of the District, similar to the Rules governing relatives. C. In making any of the above determinations, the Fire Chief may give consideration to the wishes and desires of the involved employees and to which remedy has the least impact on third parties. Page 25 of 54 Resolution No. FD 07-033 Page 28 of 56 D. However, the impact upon either the involved or third parties shall be a consideration which is secondary to the reasonable needs of the efficient operation of the District. 9. The purpose of this rule is to remedy and prevent negative impacts a relationship has or may be reasonably expected to have upon the efficient operation and employees of the District. Misconduct committed by employees in a business or dating relationship such as demonstrating favoritism, discrimination, retaliation, or other forms of misconduct will be addressed by utilizing other remedial tools, including but not limited to the disciplinary process. SECTION XIII. PERFORMANCE EVALUATION'S 1. It is the responsibility of the Fire Chief, in cooperation with the Personnel Officer, to. administrate performance evaluation reports. A. Administrate—means and includes the preparations, publication and distribution of performance report forms, and giving advice and guidance to supervisors in the preparation and submission of such reports. 2. It is the responsibility of all supervisors to conduct employee performance evaluations according to this rule. Supervisors are responsible for initiating, and working towards maintaining an honest, trusting and open-dialog communication with employees. 3. Employees are responsible for working towards maintaining an honest, trusting and open- dialog communication with their supervisor. 4. It is the responsibility of all employees who are responsible for the administration of the program or who have access to the files where they are kept, to keep such information confidential. 5. General Guidelines A. Supervisors shall implement and maintain a system of documenting supervisor's observations for the purpose of completing performance evaluations. Supervisors shall document observations of strengths and areas of improvement on a regular and periodic schedule, often enough so as to be accurate to who, when and what. B. Employees have an expectation that the supervisor will review the observations regularly. C. Employees may request to review the supervisor's observations, but may not make copies or take notes from the supervisor's notes. Page 26 of 54 Resolution No. FD 07-033 Page 29 of 56 D. Supervisors shall dialog with the employee on a regular and periodic schedule, often enough so as to review the strengths and areas of improvement with the employee regularly. There should be no surprises to the employee when reviewing a performance evaluation; strengths and areas of improvement should be reviewed with the employee in a dialog prior to the employee reading it on an evaluation form. E. Supervisors shall refer to the "Performance Evaluation Due Date" spreadsheet located on Firewire, to verify if a merit increase is due. If a merit increase is due and warranted, include the recommendation in the evaluation's narrative. The Fire Chief may approve the recommendation based on the evaluation content. F. All evaluations that include any"below" expectations must include an employee improvement program. The first dialogue box on the 6 and 12 Month Evaluation Form is designed for necessary.employee improvement programs. On the Monthly Firefighter Probationary Evaluation, there is a checkbox in the "Comments" section to be checked and the improvement program is to be attached to the evaluation form. 6. Evaluation Process A. Permanent Employees (1) 6 and 12 Month Performance Evaluations shall be completed at 6 and 12 months intervals based on an employee's appointment date in their current position or last merit salary review date. The evaluation shall be initiated and completed by the employee's supervisor. (2) Performance evaluations are due by the end of the month prior to the appointment date. (See schedule posted on FireWire.) (3) All twelve (12) month evaluations are to be submitted for processing. (4) Six (6) month evaluations with no merit increase or no "below expectations" noted are to be kept with the supervisor after review with the employee. (5) Six (6) month evaluations with a merit increase or any "below expectations" noted are to be submitted for processing. six 6 month evaluations that are processed due to "below" expectations will then be held in a suspense file in Fire Administration. Upon receipt of a 12 month evaluation showing the expectation(s) has been met or exceeded, the six (6) month evaluation will be Page 27 of 54 Resolution No. FD 07-033 Page 30 of 56 removed from the suspense file. If the expectation(s) are still "below"both forms will be attached and processed into the permanent file. B. Probationary Firefighters (1) Monthly Performance Evaluation Form - The supervisor shall complete the evaluation at the end of the month and review the observations with the employee. The form will be retained by the supervisor with a copy given to the employee to be kept in his/her probationary manual for reference. In the event that any of the expectations are marked "below", a copy of the evaluation shall be forwarded to the Battalion Chief and Deputy Fire Chief. (2) Temporary Assignment Evaluation Form - Shall be initiated by a probationary Firefighter when working a full shift with a Captain or Acting Captain who is not his/her regular supervisor. The supervisor shall complete the evaluation at the end of the shift and review the observations with the Firefighter. The form will be given to the regular supervisor and a copy retained by the Firefighter and kept in his/her probationary manual for reference. (3) The 12 month evaluation form shall be used at the end of the probationary period. C. Special Program Evaluations (1) If an employee is involved in any program in which stipends are paid, and their performance is "below" expectations, a Special Program Evaluation shall be initiated and completed by the appropriate supervisor or program manager. (See list below). (2) These evaluations shall be forwarded to the employee's supervisor for inclusion in their six (6) or twelve (12) month evaluation. The program manager.should be involved in any discussion with the employee and his/her supervisor regarding the Special Program Evaluation. PROGRAM RESPONSIBLE SUPERVISOR Paramedic EMS Administrator Hazardous Materials HazMat program manager Accelerant Detection (K-9) Deputy Chief SECTION XIV. CIVIL SUBPOENA/CRIMINAL SUBPOENA 1. Civil Subpoena Page 28 of 54 Resolution No. FD 07-033 Page 31 of 56 When members of District have been served a civil subpoena to appear in court as a witness due to actions or observations as a District employee, the following procedure shall be followed: A. Suchappearances shall be considered "hours worked" for purposes of computing overtime eligibility in accord with applicable rules and Memoranda of Understanding. B. District transportation will be provided when available. If the employee uses his or her own transportation, he/she will be reimbursed by District at the prevailing mileage rate. ' C. If the employee is required to appear in a court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal he or she will be reimbursed for reasonable expenditures on provision of a receipt. D. If an extended appearance in court is necessary for which lodging and meals would be required, authorization shall first be obtained from the Fire Chief or designee for the incurring of reimbursable costs. 2. Criminal Subpoena A. Pursuant to California Penal Code § 1326, et. seq., if an employee is served with a criminal subpoena, such appearances shall be considered "hours worked" for purposes of computing overtime eligibility in accord with applicable rules and Memoranda of Understanding. B. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. C. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed for reasonable expenditures on provision of a receipt. D. If an extended appearance in court is necessary for which lodging and meals would be required, authorization shall first be obtained from the Fire Chief or designee for the incurring of reimbursable costs. E. A criminal subpoena need not have a court stamp affixed. SECTION XV. LEAVES OF ABSENCE WITHOUT PAY Page 29 of 54 Resolution No. FD 07-033 Page 32 of 56 1. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the City Manager. 2. Failure of the employee to return to his/her employment upon the termination of an authorized leave of absence shall constitute a separation from service of that employee. 3. Leave of absence without pay granted by the Fire Chief or City Manager shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. 4. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he/she is absent. SECTION XVI. MOVEMENT WITHIN THE CLASSIFIED SERVICE 1. Transfer A. With the approval of the Fire Chief, an employee may be transferred from one position to another in the same class or a comparable class at the same salary level, providing the employee meets the minimum qualifications of the new position. A transfer shall not be used to circumvent the requirements surrounding promotion, demotion, advancement or reduction. B. Probationary Period (1) Whenever a transfer is made at the request of the employee, the transfer shall be subject to the employee satisfactorily completing probation in the new position. SECTION XVII. SEPARATION FROM SERVICE 1. Termination A. Upon termination from the District, all accumulated hours for holiday, vacation, or compensation time will be paid to the employee at his/her straight hourly rate of pay at the time of termination, less any time and expenses owed to the District. 2. Resignation Page 30 of 54 Resolution No. FD 07-033 Page 33 of 56 A. An employee wishing to leave the District service in good standing shall file with the Fire Chief a written statement of resignation, listing the reason and the effective date, at least two (2) weeks before leaving. 3. Layoff A. In the event of a layoff, the following procedure is intended to provide primary consideration to seniority of service. If at all possible, the employee is to be given thirty (30) days notice before such a layoff is to take place. B. A demotion or transfer to another position may be made to prevent a layoff, providing the employee meets the minimum qualifications for such position. C. In the event of a layoff, those employees with the least seniority in the classification affected shall be laid off first. The order of layoff shall be: (1) Temporary employees in the affected classification shall be laid off first. (2) Probationary employees in the affected classification shall be laid off next. (3) Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department or section who have the ability to perform the work available. D. An employee laid off shall be afforded the opportunity upon election of the employee, to "bump" into a lower compensated classification within the District in which the laid off employee: (1) Has at the time of layoff, formerly held a permanent appointment in the lower classification or is qualified by education or experience for appointment to the lower classification (2) Has greater District seniority(defined as uninterrupted length of service as a District employee) than a lower compensated employee who would be displaced by virtue of an exercise of the bumping option. The determination of which employee shall be displaced because of the bumping option being exercised, shall be determined in accord with the guidelines set forth in Section XVII(3)(C) above and District seniority. E. The employee displaced shall be considered as laid off for the same reason as the person who displaced him/her and shall, in the same manner, be eligible to displace to a position in a classification in which he/she formerly held a permanent appointment or is qualified by education and/or experience and Page 31 of 54 Resolution No. FD 07-033 Page 34 of 56 demonstrates by successful completion of a qualifying examination that he/she is capable of performing the duties of the classification. SECTION XVIII. EMPLOYEE CONDUCT 1. Professional Conduct and Behavior A. Employees shall conduct themselves in a professional manner and shall base their behavior on courage, honor,and service. B. Unprofessional behavior which can or does (or is reasonably expected to) impugn the reputation of the District is prohibited. 2. Outside Employment A. Full time District employees may not carry on, concurrently with their public service, any private business or undertaking, attention to which affects the time or quality of their work or which casts (or is reasonably expected to) discredit upon or creates embarrassment for the District. Outside employment must be authorized in writing by the City Manager or designee. See Section 4(F), below and Government Code § 1126 for guidelines in approving such employment. B. No District owned equipment, autos, trucks, instruments, tools, supplies, machines or any other item which is the property of the District shall be used by any officer or employee while said officer or employee is engaged in any outside employment for compensation. 3. Official Badge, Insignia, or Other Identification A. No District employee who uses a badge, insignia, or other identification as evidence of their authority shall allow it to be used by any other individual. Neither shall they use their badge; insignia, or identification in anyway to advance a private interest. 4. Code of Ethics A. The proper operation of government requires that public employees be responsible to the public; that governmental decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a Code of Ethics for all officials and employees. The purpose of this Code is to establish ethical standards of conduct for all such employees by setting forth Page 32 of 54 Resolution No. FD 07-033 Page 35 of 56 those acts or actions that are incompatible with the best interests of the District. B. Responsibilities of Public Office Public employees are agents of public purpose and hold employment for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and to carry out impartially the laws of the Nation, State-and District. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in their official affairs should be above reproach. C. Fair and Equal Treatment-Appointment Canvassing of members of the Board of Directors, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the District, shall disqualify the candidate for appointment. D. Use of District Property No employee shall request or permit the use of District owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as District policy for the use of such employee in the conduct of official business. E. Special Considerations to Citizens No employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. F. Conflict of Interest No employee shall engage in any business or transaction or shall have a financial or other personal interest, directly or indirectly, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of his/her official duties. Personal, as distinguished from financial interest, includes an interest arising from blood, marriage relationships, close business, or political association. G. Disclosure of Confidential Information Page 33 of 54 Resolution No. FD 07-033 Page 36 of 56 No employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the District, nor shall he/she use such information to advance the financial or other private interests of himself/herself or others. H. Gifts and Favors No employee shall accept any valuable gift, whether in the form of cash, service, loan, thing, or promise, from any person, firm, or corporation which, to his knowledge, is interested directly or indirectly in any manner whatsoever in business dealings with the District; nor shall any such employee accept any gift, favor, or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant, in the discharge of his/her duties, any improper favor, service, or thing of value. I. Political Activity (1) No employee shall use his/her position on behalf of any political or election activity when on duty or in uniform. (2) No employee shall pose for photographs nor use or provide candid photographs for any political or election activity showing personnel in reasonably identifiable District uniform, stations, facilities, apparatus or other reasonably identifiable District resources. (3) No employee shall reference or use his/her employment by the District for any political or election activity. (4) No employee shall participate in any political or election activity which is prohibited by any State or Federal law or these rules. (5) District fire apparatus sold or disposed of to any employee organization shall not be used in any political or election activity unless the apparatus is reasonably distinguishable as owned by the employee organization. Said apparatus shall be "reasonably distinguishable" by it bearing an insignia(s) denoting the apparatus as employee Organization property. Said insignia(s) shall be affixed to the apparatus in all locations where District insignia(s) would be typically located. J. Speech The First Amendment does not protect all speech that is made in the workplace and public employees do not have an absolute constitutional right to engage in all forms of speech in the Page 34 of 54 Resolution No. FD 07-033 Page 37 of 56 workplace. In evaluating whether speech made by a public employee is entitled to First Amendment protection, employees are cautioned to consult legal counsel, as statements they make may result in disciplinary actions. 5. Groomine and Uniform Standard A: District employees shall conform to the grooming and uniform standards detailed in District policy. SECTION XIX DISCRIMINATION AND HARASSMENT 1. Purpose The purpose of this Policy is to: establish a strong commitment to prohibit and prevent discrimination, harassment, hazing, and retaliation in employment; to define those terms; and to set forth a procedure for investigating and resolving internal complaints. The employer encourages all covered individuals to report—as soon as possible -- any conduct that is believed to violate this Policy. 2. Policy The employer has zero tolerance for any conduct that violates these Rules. Conduct need not arise to the level of a violation of law in order to violate this Rule. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. Harassment or discrimination against an applicant or employee by a supervisor, management employee, co-worker or contractor on the basis of race, religion, sex (including gender and pregnancy), national origin, ancestry, disability, medical condition, genetic characteristics, marital status, age, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) will not be tolerated. Hazing of applicants or employees shall be prohibited regardless of whether or not it is based on any of the above protected class categories. This Policy applies to all terms and conditions of employment, including, but not limited to, hiring,placement,promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below. Page 35 of 54 Resolution No. FD 07-033 Page 38 of 56 Any retaliation against a .person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination. 3. Definitions A. Protected Classifications: This Policy prohibits harassment or discrimination because of an individual's protected classification. "Protected Classification" includes race, religion, color, sex (including gender and pregnancy), sexual orientation(including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status,marital status,pregnancy, age, medical condition, genetic characteristics, and physical or mental disability. B. Policy Coverage: This Policy prohibits employer officials, officers, employees or contractors from harassing or discriminating against applicants, officers, officials, employees, or contractors because : 1) of an individual's protected classification; 2) of the perception than an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification. C. Hazing: This policy prohibits subjecting an applicant or employee to abusive or humiliating tricks, ridicule, or tasks. D. Discrimination: This policy prohibits treating individuals differently because of the individual's protected classification as defined in this policy. E. Harassment may include, but is not limited to, the following types of behavior that is taken because of a person's protected classification. Note that harassment is not limited to conduct that employer's employees take. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts, or even members of the public: (1) Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical features, or dress consistent with gender identification, or race-oriented stories and jokes. (2) Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference Page 36 of 54 Resolution No. FD 07-033 Page 39 of 56 with normal work or movement. This includes pinching, grabbing,patting,propositioning, leering, or making explicit or implied job threats or promises in return for submission to physical acts. (3) Visual insults, such as derogatory posters, cartoons, or drawings related to a protected classification. (4) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating hostile, or offensive working environment: F. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines: (1) Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification. (2) It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized. (3) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future. (4) Even visual, verbal, and/or physical conduct between two employees who appear to welcome it can constitute harassment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual. Page 37 of 54 Resolution No. FD 07-033 Page 40 of 56 (5) Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient's same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames). G. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. "Adverse conduct" includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process. 4. Complaint Procedure A. An employee,job applicant, or contractor who believes he/she has been harassed and/or subjected to hazing may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command: (1) Immediate supervisor; (2) Any supervisor or manager within or outside of the department; (3) Department head; or (4) Deputy City Manager for Administrative Services B. Any supervisor or department head who receives a harassment/hazing complaint should notify the Deputy City Manager for Administrative Services immediately. C. Upon receiving notification of a harassment/hazing complaint, the Deputy City Manager for Administrative Services shall: (1) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will Page 38 of 54 Resolution No. FD 07=033 Page 41 of 56 include interviews with: 1)the complainant; 2)the accused harasser; and 3) other persons who have relevant knowledge concerning the complaint. (2) Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment/hazing, discrimination or retaliation giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred. (3) Report a summary of the determination as to whether harassment, discrimination, hazing or retaliation occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant. (4) If conduct in violation of this Policy occurred,take and/or recommend to the appointing authority prompt and effective remedial action. The action will be commensurate with the severity of the offense. (5) Take reasonable steps to protect the complainant from further harassment, discrimination, hazing or retaliation. (6) Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint. D. The employer takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination, hazing or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation. E. Option to Report to Outside Administrative Agencies: An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book or employees can check the posters that are located on employer bulletin boards for office locations and telephone numbers. 5. Confidentiality Page 39 of 54 Resolution No. FD 07-033 Page 42 of 56 Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Deputy City Manager for Administrative Services (or designee). Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The employer will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order. 6. Responsibilities Managers and Supervisors are responsible for: A. Informing employees of this Policy. B. Modeling appropriate behavior. C. Taking all steps necessary to prevent harassment, discrimination or retaliation from occurring. D. Receiving complaints in a fair and serious manner, documenting steps taken to resolve complaints. E. Monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language. F. Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals. G. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations. H. Participating in periodic training. Page 40 of 54 Resolution No. FD 07-033 Page 43 of 56 I. Fully cooperating with the employer's investigations by responding fully and truthfully to all questions posed during the investigation. J. Maintaining the confidentiality of any investigation that the employer conducts by not disclosing the substance of any investigatory interview, except as directed by the department head or Deputy City Manager for Administrative Services. K. Reporting any act he or she believes in good faith constitutes harassment, discrimination,or retaliation as defined in this Policy, to his or her immediate supervisor, or department head, or Deputy City Manager for Administrative Services. 7. Dissemination of Policy A. All employees shall receive a copy of this Policy when they are appointed. The Policy may be updated from time to time and redistributed. B. All employees shall review this policy annually and acknowledge review during their annual performance evaluation. SECTION XX. SAFETY 1. Compliance A. District employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, State or Federal Law or regulations adopted under State or Federal law. 2. No Discrimination A. No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of"Section XX SAFETY" of the Rules. 3. Safety Equipment A. Should the employment duties of an employee in the estimation of California Occupational Safety and Health Administration, require use of any equipment or gear to insure the safety of the employee or public, District shall furnish such equipment or gear. 4. Employee Responsibility Page 41 of 54 Resolution No. FD 07-033 Page 44 of 56 A. In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. 5. Smoking Policy A. Employees shall abide by the District "Smoking Policy," as written and approved by the District in effect on July 1, 1996. SECTION XXI. PHYSICAL JOB REQUIREMENTS A. The District shall require employees to maintain good physical condition. An' employee shall not hold a position in a class when physically unable to perform the duties of such position, as determined by the Fire Chief utilizing an essential job functions study and accommodations hearing. SECTION XXII. FITNESS FOR DUTY EVALUATION 1. When specific, demonstrated facts reasonably indicate that an employee may not be presently fit for duty, the Fire Chief or designee may require the employee to submit to a physical or psychological fitness for duty examination. Prior to being required to submit to such an exam, the employee shall be presented with a written statement containing the basis for the belief that he or she is not presently fit for duty, as well as all documentation to be furnished to the doctor or psychologist administering the fitness exam. Any employee administratively relieved from duty pending a fitness exam shall be placed on paid administrative leave until the results of the examination are known. 2. If the results of the examination indicate that the employee is fit to perform the regular duties of the position, the employee shall be returned to work on his or her next regular work shift or day. If the results of the examination indicate the employee is not fit for duty, the District will consult with the employee to determine whether the employee shall be placed on Injury on Duty(IOD) leave (i.e., Labor Code § 4850), sick leave, compensatory time off or vacation leave. An employee with no unused, accrued leave may be placed in an unpaid status. If the results of the examination indicate that the employee is fit for duty with limitations, the District and the employee will meet to determine whether the employee's limitations can be accommodated, and the employee returned to work. If there is no Paee 42 of 54 Resolution No. FD 07-033 Page 45 of 56 accommodation that can be reasonably made, the employee shall be treated as though unfit for duty. 3. Nothing within these rules is intended, and nothing shall be construed, to affect or alter the employer's or employee's rights under the workers' compensation system, Labor Code § 4850, Family Medical Leave Act, state or federal pregnancy laws or HIPPA. 4. Medical Exams A. An employee required to submit to a medical fitness examination shall be sent to his or her pre-designated health care provider or, if the employee has not pre-designated a health care provider, to a doctor of the District's choice within the Medical Provider Network. The cost of the examination shall be borne by the District. Time-spent in the exam, including travel to and from the worksite and/or residence and the exam, shall be considered hours worked. B. If the employee is sent to a doctor selected by the District and declared unfit for duty, the employee shall have the right to seek a second opinion, at the employee's expense and without compensation. In the event there are conflicting opinions between the first and second doctors, the employee shall be sent to an agreed upon medical examiner (AME) for the decisive opinion. Out of pocket employee costs for the AME, including but not limited to, co- pays/deductible(s) shall be equally home by the parties. Other than out of pocket employee expenses, the AME exam shall be at the District's expense, and the time attending the exam, including travel to and from the worksite and/or residence and the exam, shall be considered hours worked. 5. Psychological Exams The parties acknowledge that psychological testing of District Personnel is a matter that requires specialized skills and expertise. A. As regards fitness for duty examinations based on perceived lack of psychological fitness, the District and the Union shall on or before July 1 of each year, meet and agree upon a list of three (3) licensed physicians or psychologists, the latter having a doctoral degree in psychology and at least five (5) years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders. B. Psychological fitness for duty examinations shall be conducted alternately in order by each examiner on the list. The list shall be arranged alphabetically, by last name. The cost of the exam shall be borne by the District. Time spent at the exam and traveling to and from the worksite or residence shall be considered as hours worked. Page 43 of 54 Resolution No. FD 07-033 Page 46 of 56 C. A written directive shall be provided to the employee indicating the reasons for the reasonable cause and providing direction to the employee to participate in the evaluation and including the date, time and location of the evaluation professional. D. The Fire Chief shall be responsible for identifying and communicating in writing with the employee the necessary steps for returning to work. E. All evaluations shall be kept in the possession of the qualified professional, remain confidential material, and only a written determination of the fit for duty or.not fit for duty will be provided to the Fire Chief. SECTION XXIIL GRIEVANCE PROCEDURE 1. The grievance procedure shall be according to the applicable Memorandum of Understanding (MOU). SECTION XXIV. DISCIPLINARY ACTION 1. Cause for Suspension, Reduction in Salary Rate, Demotion, Termination. An employee with permanent status in his/her current classification maybe disciplined for the following: A. Failure to meet reasonable performance standards and requirements. B. Discourteous treatment of the public or other employees. C. Willful or negligent disobedience of any law, ordinance, rule, regulation, or superior's lawful order. D. Misappropriation or damage to public property or waste of public funds or property through negligent or willful misconduct. E. Absence without approved leave. F. Tardiness or absenteeism. G. Practicing deception or fraud in the securing of a job appointment or promotion. H. Failure to supply full information as to character, reputation, medical history, or acts which, if known at the time of appointment, might have resulted in a disqualification of the employee for the job to which appointment was made. Pa-e 44 of 54 Resolution No. FD 07-033 Page 47 of 56 I. Falsification of an official statement or document. J. Failure to pay court-recognized debts or make reasonable provisions for their payment. K. Incapacity to perform job duties because of a mental or physical ailment or defect consistent with the retirement rights of the employee. L. Neglect of duties. M. Failure to cooperate with the implementation and application of the Equal Employment Opportunity principles. N. Possession or using narcotics or alcohol in District facilities or reporting to work under influence of same. 0. Improper withdrawal or limitation of service or any action which interferes with or is disruptive of the District mission or the public service. P. Insubordination. Q. Engaging in or condoning the sexual harassment or hazing of fellow employees. R. Harassment of applicants or employees. S. Hazing of employees. T. Possession of adult material of a sexual nature or using Internet websites of an adult sexual nature on duty or within District facilities. U. Any action inconsistent with these Rules or officially promulgated rules. SECTION XXV. DISCIPLINARY APPEAL 1. Purpose A. This article is intended to provide a fair, orderly, and due process compliant procedure whereby employees can seek review of disciplinary actions. Disciplinary actions shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4) reduction in pay, 5) demotion, 6) termination. Transfers or reassignments resulting in a reduction in bonus or related compensation shall not be considered disciplinary action and shall not be action subject to review pursuant to either the MOU effective on July 1, 2007 or any other District Rules, policies and regulations. Further, oral warnings and written reprimands shall not be subject to appeal beyond the level of the Page 45 of 54 Resolution No. FD 07-033 Page 48 of 56 Fire Chief or designee as set forth below. Performance evaluation reports and/or the discharge of probationary employees shall not be subject to review pursuant to this or any Article. 2. General Provisions A. Preparation of an appeal will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The District Board of Directors (or any individual member of the Board) shall not be contacted by employees or their representatives at any time that the grievance appeal is being processed. Any such contact shall result in the appeal being deemed dismissed in its entirety with prejudice. C. Failure of the appellant to comply with time limitations specified in the appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the appellant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. Any period of time specified in this rule for the giving of notice or taking of any action excludes weekends and holidays. A "day" as used in this Section shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. E. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. F. Neither a hearing officer nor the City Manager shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner. 3. Pre-Disciplinary Notice A. In those instances where a supervisor intends that a disciplinary action shall be issued consisting of the loss of property (suspension, reduction, demotion or dismissal), the supervisor intending to issue said recommendation shall provide the affected employee with a written notice prior to imposition of any such disciplinary action. Said written notice shall at a minimum, consist of the following: (1) A statement of the disciplinary action that is being proposed. Page 46 of 54 Resolution No. FD 07-033 Page 49 of 56 (2) The proposed date of imposition of said action. (3) A statement of the basis for said proposed action. (4) The Notice shall include as attachments, the materials upon which the proposed action is based (with the exception of the employee's personnel file, which need not be attached to the Notice). (5) A statement of the method for participating in a pre-disciplinary review of the proposed action. B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action can be issued by either the Chief or his/her designee. C. Not later than fifteen (15) days after being served with the Notice of Intended Disciplinary Action, the employee shall serve the Fire Chief or designee with a written request to convene such a meeting. The pre-disciplinary review meeting shall be conducted not later than fifteen (15) days thereafter. The employee has the option of waiving participation in a pre-disciplinary review meeting, and instead may respond to the Notice of Intended Disciplinary Action in writing. If the employee so elects, the employee's substantive written response to the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee within fifteen (15) days of service of the Notice of Intended Disciplinary Action. D. The pre-disciplinary review meeting shall be a non-evidentiary, informal meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There shall be no subpoena power as regards said pre-disciplinary review meeting and there shall be no examination of witnesses. Rather, the purpose of the meeting is for the subject employee to provide the Fire Chief or designee with an informal rebuttal to the findings and conclusions set forth by the Fire Chief or designee. E. If the employee does not elect to participate in a pre-disciplinary review meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. F. Regardless of whether or not the Notice Intended Disciplinary Action is issued by the Chief or a designee, the Chief shall preside over any timely requested pre-disciplinary review proceeding and shall issue a determination either rejecting, modifying or sustaining the nature of the proposed action. However, the pre-disciplinary review proceeding shall not result in an increase in the severity of the proposed action without an amended Notice of Paee 47 of 54 Resolution No. FD 07-033 Page 50 of 56 Intended Action being first drafted and served and which so reflects the Fire Chiefs recommendation. Any amended Notice of Intended Action as described herein shall be based on evidence, conduct or other information separate and distinct from the materials upon which the initial Notice of Intended Action was based. G. The Fire Chief shall cause the Notice of his/her post-review determination to be served upon the employee and/or the employee's representative. H. The decision by the Fire Chief or designee shall address whether or not the appeal of the employee is appeal able pursuant to the definition set forth in this Section and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the employee's appeal is not defined as such by this Section and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not appeal able and the appeal shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally appeal able pursuant to the definitions set forth in this Section and/or pursuant to requirements of timeliness. 4. Hearing Officer Appeal A. This Section shall only be applicable to an appeal of disciplinary actions consisting of a deprivation of property(suspension, reduction in pay, demotion or termination). B. If an appeal is not resolved by the Fire Chief following a pre-disciplinary review meeting, then within fifteen (15) days of service by the Fire Chief or designee of his decision, the employee may further appeal the matter by filing with the office of the Fire Chief or his/her designee a written appeal to an advisory hearing officer. Said appeal shall be timely only if it is received in the office of the Fire Chief or designee not later than fifteen (15) days after service of the appealable decision by the Fire Chief or designee. C. The employee's appeal shall state with specificity the basis upon which the appeal is based, the specific relief sought, and the affirmative defenses to be offered, if any. D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his/her designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) hearing officers for hearing of the appeal. The Fire Chief or designee shall direct that a copy of the list of hearing officers be sent to the employee and to the Fire Chief or designee, as well. Page 48 of 54' Resolution No. FD 07-033 Page 51 of 56 E. Absent mutual selection of a hearing officer from either the submitted list or otherwise, the hearing officer shall be chosen by an initial flip of the coin, with the prevailing employee or Fire Chief/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining hearing officer candidate shall be deemed the appointed hearing officer. F. The hearing officer shall conduct the hearing at a time and place mutually agreed upon by the parties. G. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. H. All fees and expenses of the hearing officer shall be home equally by the District and the Employee Organization. I. All fees and expenses related to the securing of a representative and/or legal counsel, witness fees and other expenses attendant to the presentation of evidence, shall be bome by the party at whose direction said expense is incurred. J. The per diem fee of the shorthand reporter shall be home by the District. The cost of transcription shall be borne by the party ordering the transcript. K. With the exception of statutory privileges, neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the hearing officer in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. Additionally, the Fire Chief or designee shall be specifically authorized to call the employee or any other individual as a witness during his case in chief or otherwise as the Fire Chief or designee may deem appropriate. The employee may use the following subpoena power as regards City or District employees. L. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the hearing officer without corroboration. In general, the hearing officer shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. M. The burdens of proof and production of evidence shall be borne by the Fire Chief. The standard of proof shall be by a preponderance of the evidence. Paee 49 of 54 Resolution No. FD 07-033 Page 52 of 56 N. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or.before the tenth (10th) day prior to commencement of the hearing. Absent a showing of good cause, failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. Said disclosures do not apply to rebuttal witnesses. Neither party to the proceedings shall issue threats or take other action reasonably calculated to discourage an identified witness from either testifying or from testifying other than consistent with the witnesses' best recollection and honest belief as to matters within his/her knowledge. However, the act of interviewing a witness shall not in and of itself be deemed violative of this section. O. The hearing officer shall be empowered to issue subpoenas for the production of persons and documents. The hearing officer shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. P. Not later than thirty(30) days after closure of the record, the hearing officer shall render a written advisory opinion regarding the issues at dispute, and shall submit the advisory opinion to the employee, to the Fire Chief and to the City Manager. 5. CEO Decision A. Within thirty(30) days after receipt of the hearing officer's decision, the City Manager shall advise the parties in writing of whether or not the hearing officer's recommendation is adopted. If adopted, the City Manager need not review transcripts of the proceedings. If the City Manager adopts the hearing officer's recommendation, then it shall be considered a final determination. B. In the event that the City Manager determines that the hearing officer's recommendation may be subject to rejection or modification, the City Manager shall within thirty(30) days of receipt of the appeal so notify the parties and shall order a transcript of the proceedings before the hearing officer with copies to the employee and the Fire Chief In such case, the cost of producing the transcript of the proceedings shall be borne equally by the District and the Employee Organization. Within thirty (30) days of service of the transcript, the employee and the Fire Chief may submit to the City Manager, a written memorandum of points and authorities in support of their respective positions. Page 50 of 54 Resolution No. FD 07-033 Page 53 of 56 C. Within thirty (30) days of receipt of the legal briefs, the City Manager shall render a final determination sustaining, modifying or rejecting the hearing officer's recommendation. The City Manager's decision shall be submitted to the parties in writing and shall be final upon service being made by mail. D. Allowable judicial review of the City Manager's decision shall be sought within the time constraints of CCP § 1094.6 (mandating that a petition for peremptory writ of mandate shall be filed not later than the ninetieth day following the date on which the City Manager's decision is mailed by first- class mail, postage pre-paid, including a copy of the affidavit or certificate of mailing). SECTION XXVI. EMPLOYEE ORGANIZATIONS 1. Procedure for Recognition: A. Any new proposed employee organization that desires recognition shall file with the Fire Chief, a declaration signed by its proposed members: (1) The name and mailing address of the proposed organization. (2) The names and titles of its officers. (3) The names of representatives of the proposed organization who are authorized to speak on behalf of its District members. (4) A statement that the proposed organization includes District employees who are members and who have designated the proposed organization to represent them and specifies the total number of such employees. (5) If applicable, a designation of the job classifications or titles of those employees in a proposed representation unit which the employee organization claims to be appropriate and the number of member employees therein. The organization shall request that the City Manager recognize the employee organization as the majority representatives of the employees in the unit claimed to be appropriate. (6) A statement whether the proposed organization is a chapter, or local of, or affiliated with, a regional, state, national or international organization and, if so, the name and address of such affiliated organization. (7) A statement that the proposed organization has, as one of its primary purposes, representation of the District employees in their employee relations with the District. Certified copies of the proposed Page 51 of 54 Resolution No. FD 07-033 Page 54 of 56 organization's constitution and by-laws or any other documents, which verify this purpose, shall be included as a part of the declaration. (8) A designation of those persons not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the proposed organization for any purpose. 2. Appropriate Unit Determination A. The City Manager, after reviewing the petition filed by an employee organization seeking formal recognition as a majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under these Rules. (2) The history of employee relations; (i) in the unit; (ii) among other employees of the District; and (iii) in similar public employment. (3) The effect of the unit on the efficient operation of the District and sound employer-employee relations. (4) The extent to which employees have common skills, working conditions,job duties, or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. B. In the establishment of appropriate units, employee and Employee Organizations employees shall not be denied the right to be represented separately from dissimilar Employee Organizations. If there is a conflict with respect to the recognition of an appropriate unit, the conflicting party may appeal to the District Board for a determination of which appropriate unit will represent the employees. 3. Recoenition: A. If the City Manager determines that the employee organization does, in fact, represent District employees and the declaration contains the information required by these Rules City Manager shall recommend to the Board that the Board officially recognize proposed organization and the representation Page 52 of 54 Resolution No. FD 07-033 Page 55 of 56 units, if any, in which the proposed organization represents a majority of the employees. The recognized employee organization or unit shall represent its members only. 4. List of Recoenized Oreanizations: A. The Fire Chief shall maintain a current list of recognized employee organizations. B. The recognized organizations are: (1) Fire Management Employee Group (Fire MEG) (2) Local 2274 Rancho Cucamonga Professional Fire Fighters (3) Fire Support Services Association 5 Suspension or Withdrawal of Recoanition: A. The Board, upon recommendation of the City Manager, may suspend or withdraw recognition from any employee organization if the Board finds that the representatives or members of the proposed organization have engaged in, caused, instigated, encouraged or condoned a work stoppage of any kind. (1) As used in this section, "work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. SECTION XXVII. MANAGEMENT RIGHTS 1. Scope of Rights A. It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified by the Memorandum of Understanding. These rights include, but are not limited to: (1) The right to determine its mission, policies, and standards of service to be provided to the public; (2) To plan, direct, control, and determine the operations or services to be conducted by employees of District; (3) To determine the methods, means, and number of personnel needed to carry out District's mission; Page 53 of 54 Resolution No. FD 07-033 Page 56 of 56 (4) To direct the working forces; (5) To appoint, assign, or transfer employees within District; (6) To promote, suspend, discipline, or terminate employees; (7) To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (Any provision within the MOUs, City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); (S) To make, publish, and enforce rules and regulations; (9) To introduce new or improved methods, equipment, or facilities; (10) To contract out for goods and services; (11) To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; (12) To schedule and assign work; (13) To establish work and productivity standards. 2. Emergency Conditions A. If in the sole discretion of the Fire Chief or City Manager, it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes, these Rules and Regulations may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Page 54 of 54