HomeMy WebLinkAbout13-065 - Resolutions RESOLUTION NO. 13-065
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ADOPTING UPDATED
PERSONNEL RULES AND REGULATIONS
WHEREAS, the City Council of the City of Rancho Cucamonga has determined that it is
necessary for the efficient operation and management of the City that rules be established to
ensure equitable and fair application of personnel policies and practices; and
WHEREAS, the City Council has previously adopted such rules by minute order on
February 2, 1994; and
WHEREAS, the City Council now finds that those previously adopted rules are in need
of revision and updating; and
WHEREAS, the City has met and conferred in good faith with its employee groups to
establish new rules;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga, California to approve the attached Personnel Rules and Regulations and rescind
the Rules adopted by minute order on February 2, 1994.
Resolution No. 13-065— Page 1 of 73
PASSED, APPROVED,AND ADOPTED this 5`h day of June 2013.
AYES: Alexander, Michael, Spagnolo, Steinorth, Williams
NOES: None
ABSENT: None
ABSTAINED: None
I �
L. Dennis ichael, Mayo
ATTEST:
anice C. Reynolds, C Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 51h day of June 2013.
Executed this 6h' day of June 2013, at Rancho Cucamonga, California.
Cl2d ,
ice C. Reynolds, City Jerk
Resolution No. 13-065— Page 2 of 73
CITY OF RANCHO CUCAMONGA
PERSONNEL RULE AND REGULATIONS
RULE I - GENERAL PROVISIONS AND ADMINISTRATION
SECTION 1 General Provisions................................................................................................. 1
1. Personnel Management Principles and Policies ................................................ 1
SECTION2 Purpose ................................................................................................................. 1
SECTION 3 Adoption of Rules and Regulations........................................................................2
SECTION 4 Amendment of Rules and Regulations...................................................................2
SECTION 5 Equal Employment Opportunity..............................................................................2
SECTION 6 Violation of Rules....................................................................................................2
SECTION 7 Definitions of Terms................................................................................................2
1. Allocation..........................................................................................................2
2. Anniversary Date..............................................................................................2
3. Applicant ..........................................................................................................2
4. Appointing Authority .........................................................................................2
5. Appointment.....................................................................................................2
6. Certification ......................................................................................................3
7. City Medical Examiner/Designated Physician...................................................3
8. Class................................................................................................................ 3
9. Classified Service.............................................................................................3
10. Class Specification........................................................................................... 3
11. Class Title ........................................................................................................3
12. Compensation ..................................................................................................3
13. Compensatory Time Off...................................................................................3
14. Confidential Employee......................................................................................3
15. Continuous Examination...................................................................................3
16. Continuous Service ..........................................................................................3
17. Demotion..........................................................................................................4
18. Dismissal..........................................................................................................4
19. Eligible..............................................................................................................4
20. Emergency Employee ......................................................................................4
21. Employee .........................................................................................................4
22. Employment Date.............................................................................................4
23. Employment Eligibility List................................................................................4
24. Executive Management Employee ...................................................................4
25. Executive Management Employees At-Will ......................................................4
26. General Employee............................................................................................4
27. Grievance.........................................'...............................................................4
28. Immediate Family.............................................................................................4
29. Immediate Supervisor.......................................................................................4
30. Layoff...............................................................................................................4
31. Open Competitive Examination ........................................................................5
32. Original or Initial Appointment...........................................................................5
33. Part-Time Employee.........................................................................................5
34. Pay Range or Salary Range.............................................................................5
35. Personnel Officer..............................................................................................5
36. Position ....................5
........................................................................................
37. Probationary Period..........................................................................................5
38. Probationary Release.......................................................................................5
Resolution No. 13-065 - Page 3 of 73
39. Promotion.........................................................................................................5
40. Promotional Examination..................................................................................5
41. Provisional Appointment...................................................................................5
42. Provisional Employee.......................................................................................5
43. Reclassification ................................................................................................5
44. Reduction in Pay..............................................................................................5
45. Reduction in Force...........................................................................................6
46. Reemployment List...........................................................................................6
47. Regular Employee............................................................................................6
48. Reinstatement..................................................................................................6
49. Resignation ......................................................................................................6
50. Safety Employee ..............................................................................................6
51. Seasonal Employee..........................................................................................6
52. Selection Process.............................................................................................6
53. Seniority...........................................................................................................6
54. Separation........................................................................................................6
55. Series of Classes .............................................................................................6
56. Suspension ......................................................................................................6
57. Temporary Employee .......................................................................................6
58. Termination ......................................................................................................6
59. Transfer............................................................................................................6
60. Vacancy ...........................................................................................................6
61. Y-Rating ...........................................................................................................7
SECTION 8 Positions and Employees Covered ........................................................................7
SECTION 9 Departmental Policies and Procedures ..................................................................7
SECTION 10 Availability of Rules and Regulations ...................................................................7
SECTION 11 Administration of the Personnel Program.............................................................7
1. The City Council...........................................................................................7
2. The City Manager.........................................................................................7
SECTION 12 Savings Clause....................................................................................................7
SECTION 13 Political Activity.....................................................................................................8
RULE II - CLASSIFICATION
SECTION1 Purpose.................................................................................................................8
SECTION 2 Composition of the Position Classification Plan......................................................8
SECTION 3 Class Specifications...............................................................................................9
1. Source of Specification.....................................................................................9
2. Interpretation of Specifications..........................................................................9
3. Use in Allocations.............................................................................................9
4. Qualification of Statements...............................................................................9
SECTION 4 Original Allocation of Positions...............................................................................9
SECTION 5 Continuing Administration of the Position Classification Plan.................................9
SECTION 6 Reclassification.................................................................................................... 10
SECTION 7 Position Control ................................................................................................... 11
Resolution No. 13-065—Page 4 of 73
RULE III - RECRUITMENT, SELECTION AND PLACEMENT
SECTION 1 Examinations........................................................................................................ 11
1. Selection by Examination................................................................................ 11
2. Character of Employment Selection Process.................................................. 11
3. Medical Examination....................................................................................... 12
4. Method of Selection........................................................................................ 12
5. Content of Recruitment Announcements ........................................................ 12
6. Distribution of Announcements....................................................................... 13
7. Postponement or Cancellation of Selection Processes................................... 13
SECTION 2 Applicants and Applications ................................................................................. 13
1. Applications .................................................................................................... 13
2. Qualifications of Applicants............................................................................. 13
3. Admission to Selection Process...................................................................... 13
4. Disqualification of Applicants .......................................................................... 14
SECTION 3 Scoring and Report of Examination....................................................................... 14
1. Rating of Examination as a Whole.................................................................. 14
2. Ratings of Experience and Training................................................................ 15
3. Notification of Selection Process Results........................................................ 15
4. Life of Examination Papers............................................................................. 15
5. Written Test Review by Candidates................................................................ 15
6. Notice of Examination Results........................................................................ 16
SECTION 4 Eligibility Lists ...................................................................................................... 16
1. Prepration of Eligibility List.............................................................................. 16
2. Priority of Eligibility Lists ................................................................................. 16
3. Re-Employment Lists...................................................................................... 16
4. Order of Names of Eligibility Lists ................................................................... 16
5. Amendment of Lists........................................................................................ 16
6. Duration of Eligibility Lists............................................................................... 16
7. Removal of Names from Eligibility List............................................................ 16
B. Comparable Lists............................................................................................ 17
SECTION 5 Medical Assessment............................................................................................. 17
1. Purpose.......................................................................................................... 17
2. Disqualification ............................................................................................... 17
3. Review of Medical Assessment ...................................................................... 17
4. Appointment Contingent Upon Successful Medical Examination .................... 17
SECTION 6 Certification of Eligibles........................................................................................ 18
1. Vacancies....................................................................................................... 18
2. Certification of Eligibles................................................................................... 18
3. Appointment ................................................................................................... 18
SECTION 7 Probationary Period ............................................................................................. 18
1. Purpose.......................................................................................................... 18
2. Duration.......................................................................................................... 18
3. Extension of Probationary Period.................................................................... 19
4. Probationary Service Rating ........................................................................... 19
5. Promotional Probationary Period .................................................................... 19
6. Probationary Period After Demotion................................................................ 19
7. Action at End of Probationary Period.............................................................. 19
SECTION 8 Non-Classified Appointments................................................................................20
1. Provisional Appointments ...............................................................................20
2. Duration of Provisional Appointment...............................................................20
Resolution No. 13-065- Page 5 of 73
3. Termination of Provisional Appointment..........................................................20
4. Seasonal Appointments..................................................................................20
5. Temporary and Part-Time Appointments ........................................................20
6. Emergency Appointments...............................................................................20
7. No Benefits and Leaves for Non-Classified Appointments..............................21
SECTION 9 Executive Appointments.......................................................................................21
SECTION 10 Transfers or Reassignments.............................................................................,21
1. Transfers......................................................................................................21
2. Employee Request.......................................................................................21
3. Related Job Assignments.............................................................................21
SECTION 11 Reinstatements...................................................................................................21
SECTION 12 Nepotism ...........................................................................................................22
RULE IV - COMPENSATION
SECTION I Preparation...........................................................................................................24
SECTION 2 Merit (Incentive) Salary and Compensation Plan .................................................24
SECTION 3 Salary on Appointment.........................................................................................24
SECTION 4 Merit (Incentive) Salary Advancements................................................................24
SECTION 5 Salary on Suspension..........................................................................................25
SECTION 6 Salary on Demotion .............................................................................................25
1. Involuntary Demotion......................................................................................25
2. Voluntary Demotion ........................................................................................25
SECTION 7 Salary on Promotion ............................................................................................25
SECTION 8 Salary on Position Reclassification ......................................................................25
SECTION 9 Salary Adjustment Effective Date.........................................................................26
SECTION 10 Travel and Other Official Expenses..... .................. ...... .. .. .. .. .. .. ........ .. .. ..26
SECTION 11 Total Remuneration ...........................................................................................26
SECTION12 Overtime............................................................................................................26
SECTION 13 Out-of-Class Pay................................................................................................26
SECTION14 Acting Pay..........................................................................................................27
RULE V - HOURS OF WORK AND WORKING SCHEDULES
SECTION1 All Employees......................................................................................................27
SECTION 2 Working Schedule Assignments...........................................................................27
SECTION 3 Executive, Management and Professional Employees.........................................27
SECTION 4 Emergency Recall Procedures.............................................................................27
RULE VI - LEAVE
SECTION1 General................................................................................................................28
SECTION 2 Vacation Leave....................................................................................................28
Resolution No. 13-065 —Page 6 of 73
SECTION 3 Leaves of Absence With Pay ...............................................................................28
1. Jury Duty and Court Appearance..................................................................28
2. Exception for Employee-Initiated or Non-City Related Lawsuits....................28
3. Other Leaves of Absence With Pay..............................................................29
SECTION 4 Leaves of Absence Without Pay ..........................................................................29
1. General Leave Without Pay..........................................................................29
2. Pregnancy Disability Leave ..........................................................................29
3. School Related Leave ..................................................................................30
4. Time Off for Victims of Crimes or Domestic Abuse.......................................30
SECTION 5 Family Care and Medical Leave Policy ................................................................31
1. Statement of Policy.....................................................................................31
2. Definitions................................................................................................... 31
3. Reasons for Leave ..................................................................................... 34
4. Employees Eligible for Leave .....................................................................35
5. Amount of Leave ........................................................................................35
6. Employee Benefits While on Leave ............................................................35
7. Substitition of Paid Acrued Leaves .............................................................36
8. Medical Certification ...................................................................................37
9. Employee Notice of Leave..........................................................................38
10. Reinstatement upon Return from Leave .....................................................38
11. Required Forms.......................................................................................... 39
SECTION 6 Military Leave.......................................................................................................39
SECTION7 Holidays...............................................................................................................39
SECTION 8 Sick Leave...........................................................................................................40
1. Who is Eligible...........................................:................................................40
2. Amount Earned ..........................................................................................40
3. Accumulation of Sick Leave.............................:..........................................40
4. Advanced Sick Leave.................................................................................40
5. Utilization of Sick Leave Benefits................................................................40
6. Illness During Vacation Leave ....................................................................40
7. Notification to Supervisor............................................................................40
8. Sick Leave Authorized Due to Illness in Family ..........................................40
9. Return to Work Following Illness ................................................................40
10. Medical Certificate Requirement........................................................ ........41
11. Reimbursement for Accrued Sick Leave.....................................................41
12. Excessive Use of Sick Leave/Abuse of Sick Leave.....................................41
SECTION 9 Workers Compensation Leave.............................................................................41
RULE VII - OUTSIDE EMPLOYMENT
SECTION1 Policy...................................................................................................................41
SECTION 2 Authorization for Outside Employment.................................................................41
SECTION 3 Determination of Inconsistent Activities................................................................42
SECTION 4 Use of City Equipment Prohibited ........................................................................42
RULE VIII - SEPARATIONS
SECTION 1 Resignation..........................................................................................................42
Resolution No. 13-065 — Page 7 of 73
SECTION 2 Reduction in Force by Layoff................................................................................43
1. Advance Notice............................................................................................43
2. Offer of Reassignment..................................................................................43
3. Laid Off Employees on Reemployment Register ..........................................43
4. Appointment of Laid Off Employees to Lower Class .....................................43
5. Order of Separation......................................................................................43
6. Re-Appointment of Laid Off Employee..........................................................44
SECTION 3 Job Abandonment................................................................................................44
RULE IX - EMPLOYEE CONDUCT AND DISCIPLINE
SECTION 1 Definition and Objective of Discipline...................................................................44
1. Oral Reprimand............................................................................................45
2. Written Reprimand........................................................................................45
3. Disciplinary Suspension ...............................................................................45
4. Reduction in Pay ..........................................................................................45
5. Disciplinary Demotion...................................................................................45
6. Dismissal......................................................................................................45
SECTION 2 Disciplinary Procedures .......................................................................................45
1. Purpose........................................................................................................45
2. Initial Notice..................................................................................................45
3. Right to Respond..........................................................................................46
4. Right to Representation................................................................................46
5. Further Investigation.....................................................................................46
6. Implementation of Disciplinary Action...........................................................46
SECTION 3 Disciplinary Authority ...........................................................................................46
1. Informal Discussion ......................................................................................46
2. Oral or Written Reprimand............................................................................46
3. Suspension...................................................................................................47
4. Reduction in Pay ..........................................................................................47
5. Demotion......................................................................................................47
6. Dismissal......................................................................................................47
SECTION 4 Emergency Situations..........................................................................................47
SECTION 5 Grounds for Disciplinary Action............................................................................47
SECTION6 Records...............................................................................................................49
RULE X - DISCIPLINE APPEAL PROCEDURES
SECTION1 Right to Appeal ....................................................................................................49
SECTION 2 Method of Appeal.................................................................................................49
SECTION3 Notice ..................................................................................................................49
SECTION 4 Rules for Hearing................................................................................................. 50
SECTION5 Hearing Officer..................................................................................................... 50
SECTION 6 Hearing Conduct and Representation.................................................................. 50
SECTION 7 Evidence and Examination of Witnesses .............................................................50
SECTION 8 Findings and Conclusions....................................................................................50
SECTION 9 Statute of Limitations ...........................................................................................51
Resolution No. 13-065 —Page 8 of 73
RULE XI - GRIEVANCE PROCEDURES
SECTION 1 Purpose of Rule...................................................................................................51
SECTION 2 Matters Subject to Grievance Procedure..............................................................51
SECTION 3 Informal Grievance Procedure ............................................................................. 51
SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command)....52
1. First Level of Review....................................................................................52
2. Department Review......................................................................................52
3. Personnel Officer..........................................................................................52
SECTION 5 Conduct of Grievance Procedure.........................................................................52
RULE XII -TRAINING AND EMPLOYEE DEVELOPMENT
SECTION1 Purpose...............................................................................................................53
SECTION2 Responsibility.......................................................................................................53
1. The Employee ..............................................................................................53
2. Supervisors ..................................................................................................53
3. The City of Rancho Cucamonga...................................................................53
4. The City Manager.........................................................................................53
SECTION 3 Organization ........................................................................................................53
SECTION4 Safety ..................................................................................................................53
SECTION 5 Performance Evaluation.......................................................................................54
1. Policy............................................................................................................54
2. Schedule of Evaluation.................................................................................54
3. Authority to Evaluate ....................................................................................54
4. Review with the Employee............................................................................54
5. Objection to Evaluation Report.....................................................................54
6. Effects of"Improvement Needed" or "Unsatisfactory" Evaluation .................54
7. Distribution of the Reports............................................................................54
RULE XIII - REPORTS AND RECORDS
SECTION1 General................................................................................................................ 55
SECTION 2 Reports to Administrative Services Department................................................... 55
SECTION 3 Other Records .....................................................................................................56
SECTION 4 Change of Status Report......................................................................................56
SECTION 5 Destruction of Records ........................................................................................56
SECTION 6 Personnel Files....................................................................................................56
SECTION 7 Reference and Release of Information in Personnel Files....................................56
1. Public Information.........................................................................................56
2. Reference Checks........................................................................................56
RULE XIV - PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES
SECTION1 Compensation......................................................................................................57
1. Part-Time Employees...................................................................................57
2. Seasonal Employees....................................................................................57
3. Temporary Employees .................................................................................57
Resolution No. 13-065—Page 9 of 73
SECTION 2 Participation in Benefit Programs.........................................................................57
SECTION 3 Schedules, Position Control, Wage Rates............................................................57
SECTION 4 Merit Increases ....................................................................................................57
SECTION 5 Performance Evaluation.......................................................................................58
RULE XV - POLICY AGAINST HARASSMENT,
DISCRIMINATION AND RETALIATION IN THE WORKPLACE
SECTION1 Purpose............................................................................................................... 58
SECTION2 Policy................................................................................................................... 58
SECTION 3 Definitions............................................................................................................ 58
1. Protected Classifications .............................................................................. 58
2. Policy Coverage ........................................................................................... 58
3. Discrimination...............................................................................................59
4. Harassment..................................................................................................59
SECTION 4 Romantic and Sexual Relationships Between Supervisors and Subordinates......59
SECTION 5 Retaliation................................................................................. .......................59
SECTION 6 Reporting Harassment, Discrimination or Retaliation ...........................................60
1. Object to the Conduct...................................................................................60
2. Oral Report...................................................................................................60
3. Written Process............................................................................................60
4. Option to Report to Outside Administrative Agencies ...................................60
SECTION 7 City's Response to Complaint of Harassment, Discrimination or Retaliation ........60
1. Investigation.................................................................................................60
2. Remedial and Disciplinary Action .................................................................61
3. Closure.........................................................................................................61
4. Confidentiality...............................................................................................61
SECTION 8 Responsibilities of Employees, Management and Supervisory Employees..........61
1. Employees ...................................................................................................61
2. Managers and Supervisors...........................................................................62
SECTION 9 Mandatory Training..............................................................................................62
SECTION 10 Participation in Benefit Programs.......................................................................63
1. Policy............................................................................................................63
2. Policy Coverage ...........................................................................................63
3. Definitions ....................................................................................................63
4. Complaint Procedure....................................................................................64
Resolution No. 13-065—Page 10 of 73
CITY OF RANCHO CUCAMONGA
PERSONNEL RULES AND REGULATIONS
RULE
GENERAL PROVISIONS AND ADMINISTRATION
SECTION 1 General Provisions
1. Personnel Management Principles and Policies
a. Objective: The major objectives of the personnel management program of Rancho
Cucamonga are the effective selection, development and utilization of its human
resources. Selection includes hiring through the merit selection process. Development
includes increasing proficiency through training and educational opportunity. Utilization
includes assignments that serve the mutual needs of the employee and the organization
as well as establishing standards of expectation and performance. Personnel
management is, an integrated and integral part of the total management process.
b. Responsibility: Personnel management is a primary responsibility of every person who
plans, directs or supervises the work of another person. Employee supervisors have an
obligation to see that all City personnel policies, rules and regulations are understood
and properly carried out. Effective administration calls for personnel management of the
highest caliber at every level.
Each employee is expected to be productive and to contribute to departmental and
overall organizational goals; and to act for the common good of the organization.
Supervisors should practice firm and fair leadership style and are expected to assess
and understand the individual skills and needs of employees.
c. Priority of Collective-Bargaining Agreement: If a provision of these rules conflicts with
any provision of an applicable collective bargaining agreement entered into by the City
and a recognized employee organization, to the extent of such conflict, the provision of
the collective bargaining agreement shall be deemed controlling unless the provision of
these rules has been negotiated more recently.
d. No Contract Created: These rules do not create any contract of employment, express or
implied, or any rights in the nature of a contract.
SECTION 2 Purpose
It is the purpose of these Rules and Regulations to set forth the policies, principles and
procedures that are to be followed in the administration of Rancho Cucamonga's personnel
management program. They are intended to establish a modern and workable system of
personnel administration based upon merit principles. These Rules and Regulations shall apply
to situations involving the relationship of "management" to the "employee" and shall be
established to conform with and be complementary to the Municipal Code. In cases where
there is deemed to be a conflict between the provisions of these Rules and Regulations and the
Municipal Code, the Municipal Code shall prevail.
Resolution No. 13-065— Page 11 of 73
SECTION 3 Adoption of Rules and Regulations
These Rules and Regulations shall only become effective when they are adopted by the City
Council. Upon adoption they shall supersede any and all City-wide and/or departmental
personnel management policies, rules, regulations, and procedures previously adopted which
are in conflict with these Rules and Regulations.
SECTION 4 Amendment of Rules and Regulations
The City Council may add to or amend these Rules and Regulations. Amendments may be
proposed from time to time by any member of the City Council, City Manager, Personnel Officer,
City Attorney or employee group. If such amendments and/or additions would affect the
salaries, benefits and working conditions of the employees in a recognized employee
organization, they shall be subject to the meet and confer requirements of California law.
SECTION 5 Equal Employment Opportunity
No question in any test, application form or interview procedure shall be so framed as to attempt
to elicit information concerning age, sex, sexual orientation, sexual identity, marital status, race,
ancestry, national origin, disability, medical condition, religion, political affiliations or opinions of
any applicant, except as may be allowed by Federal or State Law.
SECTION 6 Violation of Rules
Violation of these Rules and Regulations as adopted, or any departmental rules adopted
pursuant to these Rules and Regulations shall constitute grounds for reprimand, suspension,
demotion, reduction in pay, discharge or other disciplinary action.
SECTION 7 Definitions of Terms
Unless the context indicates otherwise, terms used in these Rules and Regulations shall be
defined as follows:
1. ALLOCATION: The assignment of a position to a class on the basis of the kind,
difficulty and responsibility of work of the position.
2. ANNIVERSARY DATE: The date an employee is appointed, promoted, demoted or
reinstated to a position within the classified service.
3. APPLICANT: Any person submitting a formal and completed application for
employment with the City.
4. APPOINTING AUTHORITY: The department head shall be the authority who makes
appointments. The City Manager must be notified by the department head of any
intended appointment prior to the appointment being made. The City Manager may
disapprove an intended appointment. The City Manager's decision is final.
5. APPOINTMENT: The placement of a certified candidate from an eligibility list to a
position within the classified service.
6. CERTIFICATION: The act of supplying a department with names of applicants who
are eligible, in accordance with the provisions of these Rules and Regulations, for .
appointment to the class and position for which certification is requested.
Resolution No. 13-065 — Page 12 of 73
7. CITY MEDICAL EXAMINER/DESIGNATED PHYSICIAN: A medical doctor
designated by the City to conduct and evaluate medical examinations required of
employees or prospective employees.
B. CLASS: A position or group of allocated positions sufficiently similar as to the duties
performed; the degree of supervision exercised or required; and the training,
experience, knowledge; abilities, skill and working conditions. Positions within a
class may have the following factors in common:
a. The same descriptive title;
b. The same tests to determine qualified employees;
c. The same schedule of compensation;
d. The same basic qualification requirements.
9. CLASSIFIED SERVICE: All full-time employees of the City of Rancho Cucamonga
except elected officials, Council appointees, the City Manager, executive
management personnel reporting to the City Manager, appointive officers serving
without compensation, and all temporary, provisional, seasonal, emergency and
part-time employees as defined herein.
10. CLASS SPECIFICATION: The written description of a class, including the title, a
statement of the nature of the work, examples of duties and responsibilities, and the
requirements that are desirable for the satisfactory performance of the duties of the
class.
11. CLASS TITLE: The title assigned to any particular class and used for reference to
that class.
12. COMPENSATION: Salary, _wages, benefits, allowances or monies paid to or on
behalf of an employee for the performance of service.
13. COMPENSATORY TIME OFF: Time off in lieu of pay for overtime worked.
14. CONFIDENTIAL EMPLOYEE: Those employees designated as such by the City
Manager, who in the course of the employee's duties, have access to information
relating to the City's administration of employer-employee relations. Employees
designated as confidential employees may not act as representatives of employee
organizations which represent other employees of the City.
15. CONTINUOUS EXAMINATION: An open competitive examination which is
administered periodically, resulting in the placement of names on an employment
eligibility list, for a period of not more than six (6) months.
16. CONTINUOUS SERVICE: Employment without interruption. Includes approved
leaves of absence or absence to serve in the armed forces of the United States.
17. DEMOTION: The voluntary or involuntary movement of an employee from a position
in one class to a position in another class having a lower maximum salary rate than
the employee's present class.
Resolution No. 13-065 —Page 13 of 73
18. DISMISSAL: The involuntary separation of an employee from the classified service
for cause.
19. ELIGIBLE: A person whose name is on an active reemployment, promotional or
initial eligibility list and who may be certified for consideration of appointment to a
position in the classified service.
20. EMERGENCY EMPLOYEE: An individual appointed to a classified or non-classified
position fora period not to exceed thirty (30) days.
21. EMPLOYEE: An individual appropriately appointed to a position with the City.
22. EMPLOYMENT DATE: For retirement, sick leave and other benefit purposes, the
effective date of an employee's initial appointment to a full-time position within the
classified services.
23. EMPLOYMENT ELIGIBILITY LIST: A list of names of persons who earned qualifying
ratings in an examination for a class of positions with names arranged by their
qualifying rating in the examination.
24. EXECUTIVE MANAGEMENT EMPLOYEE: An employee designated as such by the
City Manager,including, but not necessarily limited to the employees occupying the
following classifications: Animal Services Director, Assistant City Manager, City
Engineer, Community Services Director, Deputy City Manager/Administrative
Services, Deputy City Manager/Community Development, Building & Safety Official,
Finance Director, Fire Chief, Human Resources Director, Library Director, and
Planning Director.
25. Executive Management Employees are at-will and may be terminated without cause
or right of appeal.
26. GENERAL EMPLOYEE: An employee in the classed service other than a swom
public safety officer.
27. GRIEVANCE: A complaint by a full-time regular or probationary employee
concerning the interpretation of a specific provision of the Memorandum of
Understanding or these Personnel Rules and Regulations as more specifically
defined in Rule XI (Grievance Procedures).
28. IMMEDIATE FAMILY: The employee's spouse, domestic partner, parents,
grandparents, children, siblings and grandchildren; and employee's spouse or
domestic partner's parents, children or blood relative residing with the employee.
29. IMMEDIATE SUPERVISOR: The person to whom an employee reports for work
assignment and directions.
30. LAYOFF: The separation of an employee from the classified service in the best
interests of the City for reasons not related to performance or misconduct of the
employee.
31. OPEN COMPETITIVE EXAMINATION: An examination open to qualified applicants
both within and outside the classified service.
Resolution No. 13-065— Page 14 of 73
32. ORIGINAL OR INITIAL APPOINTMENT: The first appointment of a person, whose
name appears upon an eligibility list, to a position in the City service.
33. PART-TIME EMPLOYEE: A person serving in a budgeted position of less than forty
(40) hours per week, and typically less than 1,040 hours per year as further defined
under Rule XIV (Part-Time, Seasonal and Temporary Employees). Part-time
employees are at-will and may be terminated without cause or right of appeal.
34. PAY RANGE OR SALARY RANGE: The range of salary rates or steps for a class.
35. PERSONNEL OFFICER: The City Manager or designee.
36. POSITION: A group of current duties and responsibilities assigned or delegated by
competent authority and requiring the full or part-time services of one (1) employee.
37. PROBATIONARY PERIOD: A designated period of one (1) year in a regular full-time
classified position following appointment from an appropriate eligibility list. The
appointment may be original or promotional. During the probationary period, a
probationary employee may be terminated without cause or right of appeal.
38. PROBATIONARY RELEASE: The separation of a probationary employee from
employment based on a failure of the probationary employee to meet performance
standards during the probationary period.
39. PROMOTION: The movement of an employee from a position of one class to a
position of another class having a high maximum salary rate with an increase in
duties and responsibilities over the employee's present class.
40. PROMOTIONAL EXAMINATION: An examination for positions in a particular class,
admission to which is limited to probationary or regular employees in the classified
service who meet .the qualifications set forth in the announcement of the
examination.
41. PROVISIONAL APPOINTMENT: The appointment of a person possessing the
minimum qualifications for a particular class who has been appointed to a position
without examination..
42. PROVISIONAL EMPLOYEE: An employee appointed to fill a full-time position
vacancy for a maximum six (6) month period of time when no valid employment
eligibility list exists. A provisional employee is at-will and may be terminated without
cause or right of appeal.
43. RECLASSIFICATION: The determination that a position be assigned to a class
different from the one to which it was previously assigned, without examination,
based upon a gradual accretion of duties and responsibilities.
44. REDUCTION IN PAY: A salary decrease within the same range or from one range
to another range.
45. REDUCTION IN FORCE: Same as "Layoff."
46. REEMPLOYMENT LIST: A list of former regular classified employees separated due
to a reduction in force who are entitled to have their names certified for appointment
to a vacant position in that class if it becomes available.
Resolution No. 13-065—Page 15 of 73
47. REGULAR EMPLOYEE: An employee who has satisfactorily completed the
probationary period (including any extensions) and cannot be terminated except for
cause.
48. REINSTATEMENT: Reappointment without examination after a break in service to a
specified regular classified position.
49. RESIGNATION: Voluntary termination of employment by an employee.
50. SAFETY EMPLOYEE: Those employees of the City whose principal duties consist
of active protection, rescue and rendition of aid or assistance to persons injured or
imperiled by those events which constitute such critical response.
51. SEASONAL EMPLOYEE:Seasonal employees are temporary in nature to cover a
specific project or program. They are at-will employees that may be terminated at the
City's discretion without cause, or right of appeal.
52. SELECTION PROCESS: The process of testing, evaluating, investigating and
determining the fitness and qualification of applicants for appointment.
53. SENIORITY: The total amount of actual continuous service in the classed service
or for purpose of layoff actual continuous service in a specific class, excluding
approved leaves of absence without pay in excess of thirty (30) days, but including
leaves of absence for service in the armed forces of the United States.
54. SEPARATION: Leaving the classed service for any reason.
55. SERIES OF CLASSES: All classes in a particular field of employment representing
the various levels of difficulty and responsibility.
56. SUSPENSION: The temporary removal of the employee from his/her duties, with or
without pay, for a disciplinary reason or for pre-disciplinary investigation.
57. TEMPORARY EMPLOYEE: An employee.who serves in a position of a limited
duration. Temporary employees are at-will and may be terminated without cause or
right of appeal.
58. TERMINATION: The separation from City service pursuant to Rule IX (Employee
Conduct and Discipline)for disciplinary reason.
59. TRANSFER: The movement of an employee within a department or between
departments from one position to another position in the same class or another class
having the same maximum salary, involving the performance of similar duties and
requiring substantially the same basic qualifications.
60. VACANCY: A duly created authorized position which is not occupied and for which
monies have been appropriated.
61. Y-RATING: An action to freeze an employee's salary at the current salary until such
time that the top step of the salary range for such position exceeds the employee's
salary at the time of the Y-rating action.
Resolution No. 13-065 — Page 16 of 73
SECTION 8 Positions and Employees Covered
These Rules and Regulations shall apply to all positions within the classified service. Executive
Management, temporary, seasonal, emergency and part-time employees are not in the
classified service. They serve in an at-will status and can be terminated without cause or right
of appeal.
SECTION 9 Departmental Policies and Procedures
A department head may issue such policies or procedures as deemed necessary for the
efficient and orderly administration of the department, and for maintaining the proper conduct
and behavior of employees. Such policies and procedures shall not conflict with or supersede
these Rules and Regulations and shall be approved by the Personnel Officer prior to their
implementation. Copies of such policies and procedures shall be made available to each
employee of the department.
SECTION 10 Availability of Rules and Regulations
Copies of these Rules and Regulations shall be made available to each department, any
recognized employee organization and any employee who so requests. A copy of these Rules
and Regulations shall be given to each regular full-time employee and shall be signed for as
having been received by the employee. The signed acceptance form shall be filed in the
Administrative Services Department. Copies of these Rules and Regulations shall be on file in
the City Clerk's office, in each department head's office and in the City Manager's office. Where
departmental rules and regulations are in force, copies of such rules and regulations shall be
made available to employees of that department.
SECTION 11 Administration of the Personnel Program
1. The City Council: The City Council shall be the legislative and ultimate policy making
authority for the City of Rancho Cucamonga in matters pertaining to personnel
administration.
2. The City Manager: The City Manager shall be responsible to the City Council for the
administration of the personnel management program and shall assume the authority
and responsibilities delegated by the City Council, the Municipal code, and ordinances
pertaining to these Rules and Regulations. The City Manager may delegate authority
and responsibilities for personnel administration, and the administration of these Rules
and Regulations to the Deputy City Manager/Administrative Services or the Human
Resources Director.
SECTION 12 Savings Clause
If any provision or the application of any provision of these Rules and Regulations, as
implemented, should be rendered or declared invalid by any final court action or by reason of
any preemptive legislation, the remaining provision(s) shall remain in full force and effect.
SECTION 13 Political Activity
1. No employee shall participate in political activities of any kind while in uniform or on duty.
2. Employees shall not engage in political activity during working hours or on City premises
or while using City vehicles or equipment including City communications and computer
technology.
Resolution No. 13-065- Page 17 of 73
3. No employee shall, directly or indirectly, knowingly solicit political funds or contributions
from other City officers or employees or from persons on City employment lists.
4. Nothing in this section prohibits an off-duty employee from:
a. Communicating through the mail or by other means for political funds or
contributions to a significant segment of the public, which may include city
employees.
b. Soliciting or receiving political funds or contributions to promote the passage or
defeat of a ballot measure which would affect the rate of pay, hours of work, .
retirement, merit system, or other working conditions of city employees, provided
however, that such activities may not be conducted in City offices during working
hours.
RULE II
CLASSIFICATION
SECTION 1 Purpose
The purpose of the Position Classification Plan is to provide a complete and continuous
inventory of all positions in the classified service of the City, and to provide accurate
descriptions and specifications for each class of position. The Position Classification Plan shall
standardize titles, each of which shall be indicative of a definite range of duties and
responsibilities, and have the same meaning throughout the City service. The Position
Classification Plan shall be used as a management tool in preparing recruitment
announcements and in differentiating one class of position from another class.
SECTION 2 Composition of the Position Classification Plan
The Position Classification Plan shall consist of:
1. A grouping of positions into the same class of positions which are approximately of equal
difficulty and responsibility, which require the same general qualifications, and which can
be equitably compensated within the same range of pay under comparable working
conditions;
2. The identity of each class by a title which will be descriptive of the work of the class; and
3. A written class specification for each class which shall contain a description of the nature
of the work and of the responsibility of the positions in the class; examples of work which
are illustrative of duties of positions allocated to the class; desirable requirements of
work in terms of knowledge, abilities and skills necessary for the performance of the
work; a statement of desirable training and experience required for initial recruitment and
testing for the class; and in certain cases, necessary special qualifications.
SECTION 3 Class Specifications
1. Source of Specifications: The Personnel Officer, or designee, shall establish written
specifications for each class in the Position Classification Plana Compensation changes
which may occur as a result of classification reallocations must be approved by the
Personnel Officer.
Resolution No. 13-065 — Page 18 of 73
2. Interpretation of Specifications: The definitions in class specifications shall be
descriptive and not restrictive. The definitions will indicate the kinds of positions that are
allocated to the several classes and shall not limit or modify the power of any supervisor
to assign, direct and control the work of employees under his/her supervision. The use
of a particular expression or illustration as to duties shall not be held to exclude others
not mentioned that are of similar kind or quality. Nor shall any specific omission
necessarily mean that such factor is not included. Particular phrases or examples shall
not be isolated and shall be treated as the full definition of a class or any single position
in a class.
3. Use in Allocations: In determining the class to which any position should be allocated,
the specifications describing each class shall be considered as a whole. Consideration
shall be given to the general duties, specific tasks, responsibilities, qualification
requirements and relationships to other classes as a composite description of the kind of
employment which the class is intended to embrace.
4. Qualification Statements: Desirable personal qualifications commonly required of an
employee in any class, such as honesty, loyalty, sobriety, industry, amenability to
supervision, suggestions from superiors for improvement of service and willingness to
cooperate with associates, shall be implied as desirable qualifications required for
entrance to every class even though such traits may not be specifically mentioned in the
specifications. The statements of desirable qualifications listed in the specifications for
any class shall be considered when establishing minimum qualifications for job recruiting
announcements for a position in the class.
SECTION 4 Original Allocation of Positions
Every position in the classified service shall be classified by allocation to its appropriate class.
Such allocation shall be made or caused to be made by the Personnel Officer. The title of that
classification shall forthwith become the official title of such position which shall be used for all
official purposes. Working titles for individual positions within a class may be approved for use
by the Personnel Officer.
SECTION 5 Continuing Administration of the Position Classification Plan
The Personnel Officer shall be responsible for and have the authority to properly and
continuously maintain the Position Classification Plan so that it will reflect, on a current basis,
duties being performed by each employee in the classified service and the characteristics of the
class to which each position is allocated. The Personnel Officer shall make, or cause to be
made, necessary amendments to the Position Classification Plan such as the creation of new
classes, revision of existing classes and the abolition of classes no longer required in the plan.
It shall be the duty of the Personnel Officer to prepare or cause to be prepared new written class
specifications, and to abolish and/or to.modify existing specifications as required by employment
circumstances. Revisions of classification specifications and reallocation of positions to classes
within the Position Classification Plan shall be made as enumerated below:
1. The Personnel Officer first shall study, or cause to be studied, the duties and
responsibilities of each new position as it is created and, on the basis of said study,
place the position in the appropriate class within the Position Classification Plan, or
create a new or different class constituting an addition to the plan.
2. Changes in duties and responsibilities of any position involving the addition of new
duties, or the taking away or modification of existing assignments shall be reported to
the Personnel Officer as required. If such changes are determined to be permanent,
Resolution No. 13-065 — Page 19 of 73
constitute more than minor changes, and appear to justify reallocation to a different
class, the Personnel Officer shall place such position in its appropriate classification.
3. When an employee is permanently transferred to a different position, the Personnel
Officer may investigate, or cause to be investigated, the duties of the new position to
determine if the employee is still properly classified. The position shall then be
reallocated to a different classification, as necessary.
4. To the extent practicable, the Personnel Officer shall require a periodic review of the
Position Classification Plan.. Such review shall include reviewing vocational or
occupational groups as well as individual positions. Upon said review, the Personnel
Officer may combine, abolish or establish new classifications.
5. Any classified employee may request, through appropriate supervisory levels, a review
of the specification and allocation of the employee's position, and must set forth the
reasons a review is justified. If the Personnel Officer deems the review appropriate,
after consulting with the affected employee and receiving the employee's department
head's recommendation, a review shall be conducted. The employee and department
head shall be notified of the final determination.
6. The Personnel Officer shall be responsible for administering the classification process in
such a manner so as to avoid abuses of the employment selection procedures outlined
in these Rules and Regulations.
SECTION 6 Reclassification
If the scope or type of duties which a regular classified employee is performing is classified
higher for the position involved, then the Personnel Officer may approve the employee's
classification assignment without examination provided that all of the following conditions are
met:
a. The employee has been performing such higher duties for a period of not less than
six (6) months prior to the date the position was reviewed.
b. The higher duties have been assigned to the employee as part of a natural growth of
the position within the department involved and there does not appear to be an
evasion of the Merit System Rules relating to promotions.
c. The employee serves as a probationary employee in the higher position for a
probationary period of six (6) months.
d. In accordance with Rule IV (Compensation), Section 8, the employee shall receive
the salary assigned to the higher position as assigned to if in the salary resolution
from and after the date of the probationary appointment in the higher position.
SECTION 7 Position Control
The Personnel Officer shall have the authority to transfer authorized positions, including the
incumbent in the position, between departments, divisions and sections, provided that (1) the
total budgetary appropriation for the position is not exceeded; (2) the new salary is the same or
less than that budgeted for the position, and (3)the department head whose operations shall be
affected by such transfers shall provide prior approval for the transfers. In actions where prior
approval by the City Council is required for compliance with budgetary authorization, the City
Manager shall recommend such actions to the City Council.
Resolution No. 13-065 — Page 20 of 73
RULE III
RECRUITMENT, SELECTION AND PLACEMENT
It shall be City policy to recruit the best qualified persons available regardless of age, sex,
sexual orientation, sexual identity, marital status, race, ancestry, national origin, physical or
mental disability, medical condition, religion or political affiliations. The City's goal is to select
and place each employee in the work to which the employee is best suited and which will utilize
the employee's skills and abilities to the fullest. The City will take appropriate action to promote
equal employment opportunity for employees to promote and advance.
SECTION 1 Examinations
1. Selection by Examination: All appointments, including promotions, to positions in the
classified service will be made according to merit and fitness. Merit and fitness will be
ascertained, insofar as practicable, by established selection procedures under the
immediate direction of the Personnel Officer. The selection processes will test the
capacity and fitness of candidates to discharge efficiently and effectively the duties of the
positions.
2. Character of Employment Selection Process
a. Competitive Selection Process: All selection processes for classified positions
will be competitive, and will include as many objective testing measures as may
be deemed appropriate for the particular position. Competitive testing may
include the measurement of applicants against a fixed objective standard and/or
the measurement of the relative qualifications and experience of each applicant
as compared to other applicants.
Competitive selection processes may consist of the measurement of a variety of
knowledge and skills through written and/or oral tests, work history, present job
performance, agility tests, or any combination thereof. In addition, present and
past work experience, education and training may be given appropriate weight.
Competitive selection processes are either open or promotional. After conferring
with the affected department head, the Personnel Officer shall determine whether
the competitive selection process will be open or promotional.
b. Open Selection Process: An open selection process will be held for all position
vacancies in each class and class series; except that a promotional selection
process may be utilized when, in the opinion of the Personnel Officer after review
with the department head, such process is in the best interest of the City.
c. Promotional Selection Process: When appropriate, vacancies within the
classified service may be. filled by promotion. of regular employees. Such
promotion will be based on competitive selection processes, a performance
evaluation, merit, character, seniority in service, and such other tests and
measures of fitness as may be determined by the Personnel Officer.
d. Open Continuous Selection Process: The Personnel Officer may determine that,
in order to meet continued requirements for filling positions due to non-availability
of a sufficient number of applicants for a class or position or a high turnover rate,
the closing date for the selection process shall be indefinite and applicants may
be tested continuously in such manner that the Personnel Officer deems
Resolution No. 13-065— Page 21 of 73
appropriate. Applicants who fail to achieve a passing score in such an open
continuous examination may not compete again until the lapse of ninety (90)
days between the first and second testing and one hundred and twenty (120)
days between the second and third such testing, unless stipulated to the contrary
in the job announcement. The Personnel Officer may exclude such applicants
from further testing at his/her discretion.
3. Medical Examination: In order to be employed by the City, an applicant must
successfully pass a medical examination that shall be conducted after an applicant has
received a conditional offer of employment.
4. Method of Selection: All selection processes must fairly test the ability of the person(s)
examined to discharge the duties of the positions for which the selection process has
been conducted. Selection processes may consist of one or more of the following parts,
together with any other appropriate measure of fitness:
a. Written tests;
b. Oral tests of knowledge or ability;
c. Performance tests, including physical tests of strength, stamina, or dexterity;
d. Interviews covering general qualifications, education, training or experience;
e. Evaluation of education, training, work performance and experience, potential ability,
or other qualification indicated by the application or other information submitted;
f. Background check, which includes checking personal references;
g. Criminal history check; and
h. Any other measure of fitness deemed appropriate by the Personnel Officer.
5. Content of Recruitment Announcements: Recruitment announcements will specify,
among other things, the title and salary range of the class for which the selection
process is announced; the nature of the work to be performed; the training and
experience required; the time, place and manner of making the application; the
necessary special qualifications established for admission to the selection process; and
any other pertinent information consistent with these Rules and Regulations. All.
competitive examinations will consist of one or more parts carrying a specific or
numerical percentage weight as announced at the time of the examination.
6. Distribution of Announcements: Recruitment announcements shall be posted in
conspicuous places in City buildings, on the City's website and on the City's intranet
(The Hub.) In the interest of attracting adequate numbers of qualified applicants,
announcements of all open selection processes shall be given such other publicity as
the Personnel Officer may deem warranted.
In the case of promotional selection processes, announcements shall be supplied
electronically to each City department and posted on the City's intranet (The Hub.) It
shall be the responsibility of the department heads to post such announcements in a
common area for review by all employees in the department who may be interested.
Resolution No. 13-065— Page 22 of 73
7. Postponement or Cancellation of Selection Processes: Notice of postponement or
cancellation of a selection process shall be given a circulation similar in scope to the
announcement. Attempts shall be made to inform each applicant.
Section 2 Applicants and Applications
1. Applications: All applications and employment interest cards must be submitted on a
City provided employment application form. Once submitted, the employment
application will become an official record of the City and will not be returned.
No person shall be considered for a selection process until after he/she has filed a
signed official employment application on or before the filing deadline stated in the job
announcement, unless the Personnel Officer shall permit a letter, resume or other
indication of interest to be accepted pending receipt of a properly completed application.
Whenever an application is rejected, notice of such rejection shall be given to the
applicant.
The time for filing applications may be extended or reopened by the Personnel Officer as
needed.
2. Qualifications of Applicants: To qualify for competition in a selection process, an
applicant must meet the qualifications as stated on the appropriate recruitment
announcement. Qualifications may include:
a. Where required by law, authorization to work in the United States.
b. Minimum educational and experience requirements.
3. Admission to Selection Process: Persons who submit signed applications on or before
the last date for filing and whose applications clearly show that the applicant meets the
requirements for admission to the selection process as specified in the official
announcement shall be permitted to compete in the process for which they are applying.
Where doubt exists as to whether an applicant meets requirements for admission to the
selection process, the Personnel Officer may authorize conditional admission. But such
action will not be construed as entitling the applicant to become eligible for certification
or appointment until the circumstances leading to the conditional acceptance are met to
the satisfaction of the Personnel Officer.
Each applicant whose application has been accepted for any selection process will be
notified of the date, time and place of the specific selection process. No person will be
permitted to compete in any part of the selection process without an authorization or
other satisfactory evidence of acceptance or conditional acceptance of his/her
application.
4. Disqualification of Applicants: The Personnel Officer may reject the application of any
person for admission to a selection process, decline to examine any applicant, or
withhold a person from the eligibility list for certification for any of the following reasons.
a. Failure to possess the necessary requirements stated in the recruitment
announcement or bulletin,
Resolution No. 13-065 — Page 23 of 73
b. Failure to satisfactorily pass any medical assessment which may be required after a
conditional offer of employment has been made;
c. Failure to meet the special requirements or stipulations set out in the recruitment
announcement as being conditions of employment;
d. Conviction of a felony or a misdemeanor involving moral turpitude or crimes when
such convictions are materially related to the duties and responsibilities of the
position applied for;
e. If the applicant is required to drive to perform the job applied for, conviction of any
section of the California Vehicle Code which would raise serious questions or
problems concerning the applicant's ability to perform the assigned job, or subject
the City to an undue risk of possible liability;
f. Request by applicant to have the application withdrawn from consideration, in which
case the application remains the property of the City;
g. Discharge or forced resignation from public or private employment for cause,
including but not limited to inefficiency, delinquency or misconduct;
h. Discharge from the armed forces of the United States under conditions other than
honorable;
i. Making a false or misleading statement in, or deleting any material fact in the
employment application, or resume or attachment thereto;
j. Refusal or failure to execute an oath as may be prescribed by law;
k. Failure to be present, upon appropriate notification, for fingerprinting, psychological,
psychiatric, or medical testing or assessment as required;
I. Unsuitability of an employee's work record as indicated upon a review of
qualifications and work records for promotional selection processes.
m. For any material cause which, in the judgment of the Personnel Officer or designee,
would render the applicant unsuitable for the position.
SECTION 3 Scoring and Report of Examination:
1. Rating of Examination as a Whole: Valid and proven measurement techniques and
procedures will be used in rating the results of selection processes and in determining
relative standings of competitors. In all selection processes, the minimum rating by
which eligibility may be achieved may be set by the Personnel Officer. The final rating of
each competitor will be determined by averaging the earned numerical ratings on each
part of the selection process in accordance with the weight established for each part
stated in the recruitment announcement. To be eligible to participate in the remaining
parts of the selection process, all competitors may be required to obtain at least a
minimum rating in any part of the selection process.
2. Ratings of Experience and Training: When a rating of training, experience or
performance appraisal are part of the selection process, the Personnel Officer will
require procedures to be developed for the evaluation of these factors. The ratings will
assist in the selection of the best qualified candidates.
Resolution No. 13-065— Page 24 of 73
3. Notification of Selection Process Results: Each person competing in an employment
selection process may inspect his or her test papers within five (5) working days of the
postmarked date of the notice of examination results unless such inspection is prohibited
by the test vendor.. Such inspection shall be provided upon appointment during the
regular business hours of the Administrative Services Department. All formal grading
parts of the selection process shall be made available to the candidate upon request,
unless the review of such testing materials is expressly prohibited by test vendors..
Examination materials are not subject to inspection by the public or by other applicants.
4. Life of Examination Papers: Examination papers of any selection process will be
preserved fora period of five (5) years from the date of the creation of the eligibility list
and may be destroyed thereafter.
5. Written Test Review by Candidates:
a. Inspection keys will not be provided for form, standardized, copyrighted, essay, or
any other test not subject to scoring by an absolute standard.
b. For a period of five (5) working days immediately following the date of notification of
results of the written examination, candidates may inspect a keyed copy of the
examination and submit written protests to the Personnel Officer on any items or
parts of the examination unless such inspection is prohibited by the test vendor..
c. Key inspection shall be at such time and place and under such conditions as the
Personnel Officer may require. Candidates will not be permitted to copy examination
items except to take notes on those items under question.
d. Within ten (10) working days of the examination date, a candidate may submit a
written protest of objection to any items in the examination. Protests must cite
authorities or references in support of the candidate's challenge to a test item.
Protests based on personal opinion without cited authority will not be considered.
e. Upon receipt of a protest, the Personnel Officer will review the basis for the protest,
consult with subject authorities as appropriate, and make a determination as to
whether:the item(s) shall stand as keyed or be eliminated from the test. If an item is
eliminated, the test will be rescored. Candidates will be notified of the Personnel
Officer's decision.
f. The final scoring of written tests, pending disposition of protests, shall not preclude
completion of the examination process, employment list certification, and
appointment from the list provided. Appointment will not be made from the list until
all protests are resolved.
6. Notice of Examination Results: Each candidate in an examination will be advised of the
results of the examination and,. if successful, the qualifying group within which the
applicant has been placed.
SECTION 4 Eligibility Lists
1. Preparation of Eligibility List: An eligibility list shall be prepared indicating the scores of
the various candidates.
2. Priority of Eligibility Lists: Eligibility lists in the order of their priority shall be: (1) re-
employment lists, (2) promotional lists, and (3) open competitive lists.
Resolution No. 13-065 — Page 25 of 73
3. Re-Employment Lists: Regular employees with a satisfactory employment record who
are separated from city service because of reduction in force/layoff will be placed on an
appropriate re-employment list for their regular classified position according to the date
separated. (For further discussion of Re-Employment Lists, see Rule VIII (Separations),
Section 2:)
4. Order of Names of Eligibility Lists: The eligibility list shall be organized based on final
rating.
5. Amendment of Lists: Upon the obtaining of additional qualified candidates pursuant to
the selection process, new names may be added to an eligibility list.
6. Duration of Eligibility Lists: The life of each list shall be for six (6) months from the date
of its establishment; however, such list may be extended for a maximum of six (6)
months by the Personnel Officer. During the duration of an eligibility list, an eligible may
request placement in an inactive status and not be certified until notification is provided
to the Administrative Services Department in writing of the eligible's desire to be
reactivated. Upon review of the list, the Personnel Officer may authorize.abolition of the
list and reinstitution of testing.
7. Removal of Names from Eligibility List: The Personnel Officer may remove or withhold
from certification the name of an eligible on an eligible list for any of the following
reasons:
a. Appointment from such list to fill a vacancy in a regular position in the class;
b. Appointment from an eligibility list from another class, the minimum salary of which is
equal to or higher than the minimum salary for the class of the eligibility list from
which removed;
c. Upon request of the eligible;
d. The refusal of an appointment;
e. Failure to respond within ten (10)working days of the postmarked date to any written
inquiry relative to availability for appointment;
f. Consideration for original appointment from the eligible list on two (2) occasions and
having not been appointed;
g. Unexcused failure to report for duty within the time prescribed by the appointing
authority;
h. Expiration of the term of eligibility on the list;
i. Failure of eligible, other than present employees, to maintain a record of current
address in the Personnel Office. For this purpose the return of a letter by the postal
authorities if properly addressed to the last address on record shall be deemed
sufficient grounds for such action;
j. In the case of promotional lists, upon termination of employment with the City;
k. Any false statement on any application or resume;
I. Any cause for which an application for examination would be disqualified; or
Resolution No. 13-065—Page 26 of 73
m. Upon interview by the appointing authority and determination of unsuitability by the
appointing authority.
Whenever the name of an eligible on a list is removed or withheld from certification, the
person whose name is removed shall be informed in writing of the action and the
reasons. Notification shall be mailed to the last address on record.
8. Comparable Lists: If a vacancy exists in a class for which there is no existing eligibility
list, an appropriate eligibility list may be prepared for the class from one or more existing
related eligibility lists. For this purpose, the eligibility list shall be selected from the
classes for which the selection process and qualifications are comparable to or higher
than those required for the class for which the vacancy exists.
SECTION 5 Medical Assessment:
1. Purpose: The medical assessment is part of all initial selection processes. The purpose
of the medical assessment is to hire employees who are fit to perform their duties
properly, fully and efficiently with or without reasonable accommodation. Such medical
assessments shall be conducted by a duly licensed physician designated by the
Administrative Services Department. The physician's opinion of fitness shall be made in
writing to the Personnel Officer
2. Disqualification: When disqualified as a result of a medical assessment, the candidate
shall be immediately so notified in writing stating the reasons for medical disqualification.
3. Review of Medical Assessment: When disqualified because of failure to meet the
medical or psychological standards, the applicant may appeal to the Personnel Officer in
writing within a period of time specified by the Personnel Officer, but not less than five
(5) working days after the postmarked date of the notification of the disqualification. The
applicant must file with the appeal such written medical or laboratory reports, x-rays,
photographs, or other exhibited or written statements which support the appeal. The
Personnel Officer shall refer such appeal to a duly licensed physician of the City's choice
for review. If the results of the physician's examination indicate that the applicant does
not meet the medical or psychological standards, the applicant is disqualified and no
further appeal can be made. If the results indicate that the applicant meets the medical
or psychological standards, the applicant will be placed in the position.
4. Appointment Contingent Upon Successful Medical Examination: Candidates shall not
be appointed to probationary status subject to the performance of surgicaloperations,
corrective therapy or other medical or psychiatric care. Any such operation, therapy, or
other medical or psychiatric care designed to qualify a candidate for employment shall
be at the expense of the candidate and shall not be borne by the City.
SECTION 6 Certification of Eligibles
1. Vacancies: All vacant regular positions in the classified service shall be filled by re-
employment, reinstatement, promotion, probational appointment from open competitive
lists or transfer. When such a vacancy in the classified service is to be filled, the
department head shall submit an appropriate written request pursuant to procedures
established by the Administrative Services Department.
Resolution No. 13-065—Page 27 of 73
2. Certification of Eligibles:
a. Number of Eligibles Certified: Upon receipt of a request for a list of eligibles, the
Personnel Officer shall certify to the department head in writing the names of
eligibles on the list who are willing to accept the position for which certification is
requested.
b. Fewer Than Three Names: Whenever an eligibility list contains three (3) names or
fewer, the department head may request that a new eligibility list be prepared.
The appointing authority may select any eligible on an eligibility list. Whenever there
are three (3) or less names on a promotional or open competitive list, the department
head may make an appointment from such eligibles or request establishment of a
new list. Upon making the selection, the appointing authority shall immediately notify
the Personnel Officer.
c. Preference for Veterans: If the candidates certified are identically qualified for the
job, the department head shall select the veteran.
3. Appointment:
a. Appointment Offer: The Personnel Officer may approve an offer of employment to
the successful candidate after the candidate successfully completes the medical
assessment as provided by-these Rules and Regulations.
b. Probational: Probational appointment shall be made when filling full-time positions.
SECTION 7 Probationary Period
1. Purpose: The probationary period shall be an integral part of the examination process
and shall be utilized as an opportunity to observe the employee's work, to provide
special training, to assist the employee in adjusting to the new position, and to reject any
employee whose work performance, adaption or personal conduct fails to meet required
standards. A probationary employee may be terminated at any time during the
probationary period without cause and without right of appeal, grievance or hearing.
2. Duration: All initial appointments to regular full-time positions in the classified service
shall be subject to a one (1) year probationary period. All employees shall receive a
written interim performance report before completion of six (6) months of the
probationary period. If an employee receives a salary increase after completion of six
(6) months during the probationary period, the salary increase is NOT an indication that
the employee will satisfactorily complete the probationary period. Satisfactory
completion of probation is based on total _performance during the entire probationary
period.
3. Extension of Probationary Period: An employee's probationary period may be extended
by the department head upon approval by the Personnel Officer in such cases where
such action is in the best interest of the City and the employee. Extensions may be
granted up to a maximum of six (6) months and will be granted before the probationary
period expires. Any interruption of service longer than thirty (30) calendar days during
an employee's probationary period shall not be counted as part of such probationary
period. Upon such extension the employee shall be notified in writing.
Resolution No. 13-065 — Page 28 of 73
4. Probationary Service Rating: During the probationary period, and in such manner as the
Personnel Officer may prescribe, the department head shall report in writing an appraisal
of the employee's work performance and conduct. The employee shall be currently
advised by the appropriate superior of such written work performance and conduct
appraisal.
5. Promotional Probationary Period: When a regular employee is promoted, a six (6)
month promotional probationary period shall begin on the effective date of the
promotion. During the probationary period of a promoted employee, the department
head may recommend that the employee be,demoted to the former position, range and
salary. Such recommendation shall be made in writing. The Personnel Officer shall
approve or disapprove such demotion action in writing. Promotional probationary
employees shall not have a right to appeal such action. Dismissal during the
promotional probationary period may be made for cause.
6. Probationary Period After Demotion: If an employee had not attained regular status in
the class to which demoted, the employee shall then be required to complete the normal
probationary period, less any service previously accrued in such lower class.
7. Action at End of Probationary Period: The Personnel Officer shall notify the department
supervisor of the upcoming end of probationary status in writing at least two (2) payroll
periods prior to the end of an employee's probationary period. The department head
must then take one of the following actions:
a. Affirm in writing that the services and conduct of the employee have been found
to be satisfactory. Complete a performance evaluation for the employee and in
the evaluation recommend that the employee be given regular status.
b. Terminate the services of the employee..
c. Recommend demotion and/or transfer of a promoted employee. Demotions shall
be made to the employee's former class and pay step.
d. Recommend an extension of the employee's probationary period.
Failure of the department head to complete any of the above steps (a-d) results in an
automatic extension of the probation period for six (6) months, effective the day
immediately preceding the employee's anniversary date. The employee must be given
written notice of any extension prior to expiration of the probation period.
SECTION 8 Non-Classified Appointments
1. Provisional Appointments: Provisional appointments may be made without recourse to
the formal selection process and eligible certification provisions. No person may be
employed provisionally in a regular or recurrent position except as provided below:
a. Asa substitute for a regular full-time employee who is absent;
b. For the duration of any war or national emergency;
c. When it is impractical or has not been possible to recruit an appointee meeting
the standards for regular or recurrent employment;
d. When the budget appropriation allows for only provisional employment;
Resolution No. 13-065 — Page 29 of 73
e. When it is anticipated that the work of the position will soon cease or that the
position soon will be abolished;
f. Lack of an eligibility list or where those on the list are not available;
g. When a state of disaster is declared or such conditions exist which seriously
endanger the health, welfare and safety of the community;
h. When extensive illness, and injury or absence of employee create hardship on a
department and create a need to temporarily replace the employee; or
i. Such other similar circumstances as approved by the Personnel Officer.
2. Duration of Provisional Appointment: A provisional appointment shall not exceed six (6)
months duration in one (1) fiscal year, other than as provided for in Section 8,
Subsection 1.b. The employment of the provisional employee shall terminate at the end
of the six (6) months of the provisional appointment.
3. Termination of Provisional Appointment: A provisional appointment may be terminated
at the City's discretion without cause, or right to appeal, grievance or hearing.
4. Seasonal Appointments: Appointments to seasonal positions may be authorized with or
without recourse to the formal examination and eligible certification provisions, at the
option of the Personnel Officer. Seasonal employees may be terminated at the City's
discretion without cause, or right to appeal, grievance or hearing.
5. Temporary and Part-time Appointments: Appointments to temporary and part-time
positions may be made subject to an approved budget. Therefore, a temporary or part-
time appointment may be made with or without regard to the formal selection process
and the eligible certification provisions of these Rules and Regulations. Temporary and
part-time employees may be terminated at the City's discretion without cause, or right to
appeal, grievance or hearing.
6. Emergency Appointments: In an emergency, to prevent undue delay or serious
interference with provision of necessary public services, an emergency appointment may
be made for a period not to exceed sixty (60) calendar days. Successive emergency
appointments involving the same employee shall not be made. Emergency
appointments may be made without regard to the formal examination and eligible
certification provisions of these Rules and Regulations. Emergency employees may be
terminated at the City's discretion without cause, or right to appeal, grievance or hearing.
7. No Benefits and Leaves for Non-Classified Appointments: Non-classified appointments
are not entitled to earn, accrue or participate in any City employee benefit plans, or to
receive paid or unpaid leaves, except as required by law.
SECTION 9 Executive Appointments
Appointment to executive management positions reporting directly to the City Manager may be
made without regard to the formal selection process. Executive management employees may
be terminated without cause, or right to appeal, grievance or hearing.
Resolution No. 13-065— Page 30 of 73
SECTION 10 Transfers or Reassignments
1. Transfers: Whenever it is necessary to transfer or reassign an employee from a position
in one class to a position in another class, such transfer or reassignment may be made
provided both classes are at the same range, there is no increase or decrease in
compensation, and the employee has demonstrated that he/she possesses the skills
and aptitudes required in the position to which he/she is to be reassigned. Such transfer
or reassignment may be made only when approved by the Personnel Officer. If the
transfer or reassignment is involuntary, the employee shall receive five (5) working days
notice of the transfer/reassignment.
2. Employee Request: Any employee may request in writing, a transfer or reassignment
from a position in one class to a position in another class, in the same or lower rank,
subject to the approval of the Personnel Officer and department head of the department
to which the employee desires to be transferred.
3. Related Job Assignments: Initial appointment for a specific assignment does not relieve
the employee of the obligation to serve in any other designated assignment.
Consideration will be given to the particular interest and abilities of each employee.
SECTION 11 Reinstatements
1. An employee who has resigned may, at the discretion of the department head, be
eligible for reinstatement to a former position and status, or a position of the same class
in another department without reexamination, provided all the following circumstances
have been met:
a. There is a vacancy in the class or position for which the employee seeks
reinstatement.
b. Not more than twelve (12) months has elapsed between the time the former
employee's resignation became effective and the effective date of reinstatement.
c. The former employee meets the medical requirements of the position by
undergoing the required medical assessment by a City designated physician.
d. The former employee's work performance and conduct appraisals at the time of
separation were satisfactory.
e. The Personnel Officer has approvedd the reinstatement request.
f. Nothing has occurred during the break in employment that will reflect adversely
on the City or impair the individual's ability to perform his/her duties effectively.
2. Reinstatement to employment with the City is discretionary. Thus, even if all of
circumstances noted in the provisions in Section 11, Subsection 1, a through f above
have been met, the City is not obligated to approve a reinstatement request.
3. A reinstated employee shall accrue benefits as if the employee had not resigned,
excluding the time period between the employee's resignation and the employee's
reinstatement. The employee will be placed at the range and step the employee held at
the time of resignation.
Resolution No. 13-065 —Page 31 of 73
4. A reinstated employee shall be required to complete a probationary period of one (1)
year.
5. A reinstated employee shall receive a new anniversary date which will be the first date of
employment upon reinstatement.
SECTION 12 Nepotism
It is the policy of the City Council of the City of Rancho Cucamonga to restrict the hiring and/or
employment of relatives of City 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, or
grandparent, regardless of their place of residence; and individuals related to a
domestic partner, or any other individual related by blood or marriage living within
the same household as the City employee.
b. An "employee" is defined as any person who receives a City payroll check for
services, full or part-time, rendered to the City of Rancho Cucamonga.
2. The employment of relatives of City employees within the City of Rancho Cucamonga is
limited as follows:
a. Any relative of a Council Member, the City Manager, Deputy City Manager of
Administrative Services or the Human Resources Director shall not be
considered for employment within the City of Rancho Cucamonga in any
capacity, either full-time or part-time. If a person who already is an employee of
the City of Rancho Cucamonga becomes a relative of a Council Member or the
City Manager, that Council Member or the City Manager shall not participate in
the making of any decision specifically concerning that employee, as
distinguished from a group of employees. The City Attorney or a designated
attorney from the City Attorney's office shall discharge the duties of the City
Manager in the course of making such a decision involving the relative of the City
Manager and/or City Manager.
b. Any relative of a City-appointed Commissioner, Board or Committee Member, or
department head may not be considered for employment within the department
or area of responsibility of such City-appointed Commissioner, Board or
Committee Member, or Department Head.
c. The employment of relatives of all other City employees is prohibited within the
department of the existing employee when such related employees may: perform
joint duties, share responsibility or authority, report to the same immediate
supervisor, or be immediately supervised by or immediately supervise a relative.
d. Relatives of City employees, except for relatives of Council Members, the City
Manager, City-appointed Commissioners, Board or Committee Members or
department heads, may be hired for temporary assignments as long as the
temporary assignment does not otherwise conflict with Section 12, Subsection
2.C.
Resolution No. 13-065— Page 32 of 73
3. If two existing City employees become married or become domestic partners and their
employment conflicts with the policy stated in Section, Subsection 2 above, they may
continue employment provided that such employment does not 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 morale of the particular work unit. The City Manager shall determine whether
or not such detriment or undue hardship exists.
4. In no case may an employee participate directly or indirectly in the recruitment or
selection process for a position for which an employee's relative may have filed an
official employment application.
5. The City Manager is authorized to issue written guidelines to implement and enforce this
policy. All determinations made by the City Manager shall be final and conclusive. In all
situations where the City Manager determines a conflict exists between present or future
related employees, the City Manager shall attempt to resolve such conflict in the
following manner:
a. The City Manager shall attempt to redefine the job responsibilities of the related
employees within the department to minimize the conflict.
b. If such redefinition of job responsibilities is not feasible, the City Manager shall
attempt to transfer one of the employees to a similar position (without guarantee of
identical salary) that would not be in violation of this policy.
c. If transfer is not feasible or acceptable, the City Manager shall request the voluntary
resignation of one of the employees.
d. If one of the employees does not voluntarily resign, the employee with the least
cumulative City service in the City of Rancho Cucamonga may be discharged by the
City Manager.
RULE IV
COMPENSATION
SECTION I Preparation
A uniform and equitable "Merit (Incentive) Salary Plan" consisting of a range of hourly salary
rates or a flat hourly rate shall be developed and maintained for each class of positions. Salary
ranges and compensation policies shall be related directly to the position classification plan and
shall be determined with due regard to ranges of pay for other public and if necessary private
organizations, recruiting experience, retention, working conditions, maintenance or other fringe
benefits received by employees, the financial posture of the City, and other economic
considerations.
Compensation policies shall be developed and maintained in accordance with applicable State
and Federal laws.
Resolution No. 13-065— Page 33 of 73
SECTION 2 Merit (Incentive) Salary and Compensation Plan
The City Council adopted a Merit Salary Compensation Plan. The City Manager will administer
and maintain the plan and request approval from the City Council of revisions to the plan as
often as necessary to assure that the plan provides uniform and equitable compensation rates
and policies.
SECTION 3 Salary on Appointment
A newly hired employee will be compensated the base or minimum rate of the salary range to
which the employee's class is allocated. If exceptional recruitment difficulties are encountered,
or exceptional qualifications of a candidate for employment indicate that a higher rate would be
in the City's best interests, appointment at a higher rate, up to the control point in the salary
range, may be authorized by the Personnel Officer. Salaries beyond the control point may be
granted only upon approval by the City Manager.
SECTION 4 Merit (Incentive) Salary Advancements
Salary ranges are intended to furnish administrative flexibility in recognizing individual
differences among positions allocated to the same class, provide employee incentive, reward
employees for meritorious service, and meet emergency conditions requiring pay adjustments.
Salary advancements within an established range shall not be automatic, but shall be based
upon satisfactory job performance as determined, and supported in writing, by the employee's
supervisor, the recommendation of the department head and approval of the City Manager. The
merit salary advancement recommendations of department heads for subordinate employees
under their supervision shall be implemented unless modified by the City Manager.
Merit (Incentive) salary advancements shall occur in accordance with the following procedures:
1. Employees are eligible to be considered for a merit increase of up to four percent (4%)
at the completion of six (6) consecutive months. At the end of an additional six (6)
consecutive months the employee shall be eligible for consideration of another merit
increase provided that the total increase over the initial twelve (12) month period shall
not exceed five per cent (5%). Subsequent consideration for adjustment shall be on a
twelve (12) consecutive month basis.
2. A performance evaluation must be completed prior to any merit increase.
SECTION 5 Salary on Suspension
Any employee who has been suspended shall not receive pay for the duration of the
suspension. Nor shall any benefits which are calculated upon hours worked be credited to the
employee, including, but not limited to, sick leave, vacation, retirement, or deferred
compensation. Should such suspension be later modified or revoked, the employee shall be
entitled to receive payment to compensate for loss of income and benefits during the period of
suspension to the extent provided by these Rules and Regulations. Suspensions in excess of
ten (10) working days will cause the employee's anniversary date to be adjusted accordingly,
unless modified or revoked.
Resolution No. 13-065— Page 34 of 73
SECTION 6 Salary on Demotion
1. Involuntary Demotion:An employee who is involuntarily demoted shall receive a five
percent (5%) salary reduction or shall be placed at the maximum rate in the salary
range for the class to which demoted, whichever is lower. The employee shall be
assigned a new merit review date based upon the effective date of the demotion.
2. Voluntary Demotion: An employee who is demoted upon personal request shall:
a. Receive a salary reduction to the nearest lower monthly salary in the salary range
for the class to which demoted if the maximum salary for the class to which
demoted is less than the employee's current salary rate; or
b. Continue to earn the current rate of pay if the current rate is the same or less than
the maximum rate of the class to which the employee has been demoted.
The employee shall retain the merit review date applicable to the higher position.
SECTION 7 Salary on Promotion
When an employee is promoted, the employee shall be placed at the lowest step of the range
for the position to which promoted and shall receive at least a five percent (5%) increase in pay.
The employee's salary and merit review date shall be the first day the employee assumes the
promotional position.
SECTION 8 Salary on Position Reclassification
When a regular or probationary employee's position is reclassified and the employee is
appointed to the new position, the salary rate shall be determined as follows:
1. If the position is reclassified to a class with a higher salary range than the previous class,
the salary and merit review date shall be set in the same manner as if the employee has
been promoted.
2. If the salary of the employee is the same or less than the maximum salary of the new
class, the salary and merit increase eligibility date of the employee shall not change.
3. If the salary of the employee is greater than the maximum salary 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 class range exceeds the
salary of the employee.
SECTION 9 Salary Adjustment Effective Date
Salary advancements specified above shall be given at the beginning of the payroll period
immediately following the employee's merit review date.
SECTION 10 Travel and Other Official Expenses
Prescribed rates of pay do not include allowances for official travel or other expenses incurred
on City business, or allowances made to employees for the official use of personally owned
vehicle. Employees shall be reimbursed for such expenses, pursuant to approval by the City
Resolution No. 13-065— Page 35 of 73
Manager, in such amounts as designated by City Council policy regarding reimbursement of
such expenses.
SECTION 11 Total Remuneration
Any pay rate established for an employee shall be the total remuneration, not including
reimbursement for official expenses, approved allowances in lieu of expenses or approved
stipends for performance of additional responsibilities. Except as otherwise provided herein, no
employee shall receive pay from the City in addition to that authorized under the schedules
provided in the pay plan for services rendered either in the discharge of ordinary duties, or any
additional duties which may be periodically required or which the employee may undertake or
volunteer to perform except as otherwise expressly authorized by the Municipal Code,
resolution, or by City Ordinance.
SECTION 12 Overtime
Unless otherwise stated in a memorandum of understanding, overtime is all hours an overtime-
eligible employee actually works over forty (40) hours in his or her work week. Overtime is
compensated at 1.5 times the employee's Fair Labor Standards Act (FLSA) regular rate of pay .
Only actual hours worked shall be considered for the purpose of calculating the FLSA overtime
pay.
SECTION 13 Out-of-Class Pay
An employee who is temporarily directed by his or her supervisor to serve in a regular higher
position will be compensated at a higher rate of pay in accordance with the following:
1. To be eligible for the additional compensation, the employee must first accumulate
fifteen (15) consecutive regular working shifts of assignment in the higher class within
any fiscal year period. The days of out-of-class assignment need not be consecutive.
Once this qualification is satisfied, no additional requalification will be required.
2. Temporary assignments out-of-class shall only be recorded in full-shift units. An
employee working out-of-class for less than one (1) full shift will not be credited with
working out-of-class service time.
3. To qualify for out-of-class pay, an employee must be substantially assuming the full
range of duties and responsibilities of the higher-level position.
4. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.
5. An employee who has qualified under these provisions shall be compensated at the
minimum rate established for the higher class for each completed work shift served in
the higher class or a five percent (5%) salary increase, whichever is greater. The higher
rate of pay shall be used in computing overtime when authorized overtime is served in a
non-exempt, out-of-class work assignment. The overtime rate shall be the rate
established by the overtime regulations that apply to the higher class.
SECTION 14 Acting Pay
An employee who, by written assignment, performs the duties of a position with a higher salary
classification than that in which he/she is regularly employed, and in the absence of an
employee in that position, shall receive the compensation specified for the position to which
Resolution No. 13-065— Page 36 of 73
he/she is assigned if he/she performs all of the duties of that position for a period of fifteen (15)
or more consecutive workdays. The increased compensation shall be at such step within the
higher classification and will result in an increase of at least five percent (5%) over the
employee's current regular base compensation. Any increase greater than 5% over the current
regular base compensation requires City Manager approval.
RULE V
HOURS OF WORK AND WORKING SCHEDULES
SECTION 1 All Employees
The work schedule for all employees of the City shall not exceed forty (40) hours per week for
each officer or employee. Employees who are eligible to receive overtime pay may not work in
a manner to exceed 40 hours per week without prior authorization to do so from their immediate
supervisor.
SECTION 2 Working Schedule Assignments
Department heads will designate working schedules for the employees of their departments.
The department head may alter the schedule from time to time pursuant to the needs of the
department. The department head will report in writing to the City Manager any work schedules
put into effect and any changes made thereto.
SECTION 3 Executive, Management and Professional Employees
The provisions of this Rule that references working schedules do not apply to the City Manager,
Executive Management, and all other employees who may from time to time be included in the
Professional/Supervisory or Management Pay Plan due to the particular nature of their
respective offices and employments, which require varying schedules in the performance of
their respective services and duties, and to which such respective executive and management
personnel adapt themselves and their services as conditions arise.
SECTION 4 Emergency Recall Procedures
All employees of the City of Rancho Cucamonga are registered disaster workers and as such
have a work responsibility beyond normal duty hours if a major emergency or disaster occurs. If
a major emergency or disaster should occur in Rancho Cucamonga, every employee may be
needed to assist in resolving the problem. Employees may be required to assess the
seriousness of situations based on radio, television or other means. If a disaster appears to
have had severe impact, all employees should attempt to contact and/or return to their work
stations or the designated location pursuant to their departments recall procedure.
RULE VI
LEAVE
SECTION 1 General
1. All leave shall begin to accumulate from.the date of the employee's initial appointment to
a full-time, regularly budgeted probationary position. No payment for any leave shall be
made until the leave has been properly approved.
Resolution No. 13-065 —Page 37 of 73
2. In no instance shall leave time properly earned prior to the adoption of these Rules and
Regulations be reduced by the adoption of these Rules and Regulations.
3. A leave of absence without pay for thirty (30) days or more will cause the employee's
anniversary date, performance appraisal date and leave accruals to be altered by the
numbers of days the employee is on leave without pay.
SECTION 2 Vacation Leave
Vacation: All full-time employees in probationary or regular positions with continuous service
accrue vacation according to the schedule outlined in the Salary Resolution. Vacation can be
taken after six (6) months of service, however exceptions may be approved by the City Manager
if requested in writing prior to hiring.
SECTION 3 Leaves of Absence With Pay
1. Jury Duty and Court Appearance: An employee who is summoned to serve on a jury
must notify his or her supervisor or department head as soon as possible after receiving
notice of both possible and actual jury service in order to receive time off for the period
of actual service required on such jury. An employee shall be paid the difference
between his or her regular salary and the amount of court pay received, except travel
pay, for jury duty. The time spent on jury duty is not work time for purposes of
calculating overtime compensation.
Subpoena: An employee who is subpoenaed to appear in court in a matter regarding an
event or transaction which he or she perceived or investigated in the course of his or her
City job duties will do so without loss of compensation. The time spent will be
considered work time.
2. Exception for Employee-Initiated or Non-City Related Lawsuits: An employee
subpoenaed to appear in court in a matter unrelated to his or her City job duties or
because of civil or administrative proceedings that he or she initiated does not receive
compensation for time spent related to those proceedings. An employee may request to
receive time off without pay, or may use accrued vacation for time spent related to those
proceedings. The time spent in these proceedings is not considered work time for
purposes of calculating overtime compensation.
3. Other Leaves of Absence With Pay:
a. Each department may authorize the taking of a leave of absence with pay for
budgeted training, professional, trade or other similar budgeted conferences
connected with City business. The City Manager may authorize other leaves of
absence with pay to employees for the performance of authorized duties in
connection with City business; for attendance at trade, professional or other
meetings and conferences which relate to official duties, or participation in
recognized and approved training and related activities, within budgeted
authorization.
b. Each department may authorize the use of personal leave and bereavement leave
according to the terms outlined in the Salary Resolution.
Resolution No. 13-065— Page 38 of 73
SECTION 4 Leaves of Absence Without Pay
1. General Leave Without Pay: Department heads may grant a leave of absence without
pay for up to ten (10) working days. The City Manager may grant leaves of absence in
excess of ten (10) working days but no longer than ninety (90) calendar days. Requests
for leave of absence in excess of ninety (90) calendar days must be approved by the
City Council.
Request for leave of absence without pay shall specifically state the reason for the
request, the date when the employee desires to begin the leave, and the probable date
of return.
Failure of the employee to return to his or her employment upon the termination of any
authorized leave of absence shall, except under extraordinary circumstances, constitute
the employee's separation from City service.
Leave of absence without pay shall not be construed as a break in service or
employment, and rights accrued at the time the leave is granted shall be retained by the
employee. However, vacation credits, sick leave credits, increases in salary, all other
paid leaves, holidays and fringe benefits, and other similar benefits shall not accrue to a
person granted such leave during.the period of absence. Nor is the City required to
maintain contributions toward group insurance or retirement coverage. During the period
of such leaves, all service and leave credits shall be retained at the levels existing as of
the effective date of the leave. The employee shall be reinstated to his or her former
position, or to a comparable one if the former position is abolished during the period of
leave.
2. Pregnancy Disability Leave: An employee who is disabled because of pregnancy,
childbirth or a related medical condition is entitled to an unpaid pregnancy disability
leave for up to four(4) months.
Notice & Certification Requirements: Requests for pregnancy disability leave must be
submitted in writing and must be approved by the employee's supervisor or department
head before the leave begins. The request must be supported by a written certification
from the attending physician stating that the employee is disabled from working by
pregnancy, childbirth or a related medical condition. The certification must state the
expected duration of the disability and the expected date of return to work.
All leaves must be confirmed in writing, have an agreed-upon speck date of return, and
be submitted to the department head prior to being taken. Requests for an extension of
leave must be submitted in writing to the department head prior to the agreed upon date
of return, and must be supported by a written certification of the attending physician that
states that the employee continues to be disabled by pregnancy, childbirth, or a related
medical condition. The maximum pregnancy disability leave is four(4) months.
Compensation During Leave: Pregnancy disability leaves are without pay. However, the
employee may first use accrued sick leave, vacation leave, and then any other accrued
paid time off during pregnancy disability leave.
Benefits During Leave: An employee on pregnancy disability leave may receive
any group health insurance coverage that was provided before the leave on the same
terms as provided to other employees who become disabled off-duty, as if the employee
had continued to work, if; 1) the employee is eligible for concurrent family and medical
care leave; and 2)the employee has not already exhausted this 12-week group health
Resolution No. 13-065 —Page 39 of 73
insurance coverage benefit in the current family medical leave eligibility period. The City
may recover premiums it paid to maintain health coverage, as provided by the family and
medical care leave laws, if an employee does not return to work following pregnancy
disability leave.
An employee on pregnancy disability leave who is not eligible to receive group health
insurance coverage as described above, may receive health insurance coverage in
conjunction with COBRA guidelines by making monthly premium payments to the City.
Sick and Vacation Leave Accrual: Sick leave and vacation leave do not accrue while an
employee is on unpaid pregnancy disability'leave. .
Reinstatement: Upon the expiration of pregnancy leave and the City's receipt of a
written statement from the employee's attending physician that the employee is fit to
return to duty, the employee will be reinstated to her original or an equivalent position so
long as it was not eliminated for a legitimate business reason during the leave.
3. School Related Leave: A City employee who is a parent, guardian or grandparent
having custody of one or more children in kindergarten, grades one through 12, or a
licensed day care facility shall be allowed up to forty (40) hours each school year, not to
exceed eight (8) hours in any calendar month of the school year, without pay, to
participate in activities of the school of their child. Such employee must provide
reasonable advanced notice of the planned absence. The employee may be required to
use vacation and/or compensatory time off to cover the absence. The City may require
the employee to provide documentation from the school as verification that the employee
participated in school activities on a specific date and at a particular time. If both
parents, guardians or grandparents having custody work for the agency at the same
work site, only the first parent requesting school related leave shall be entitled to the
leave.
4. Time Off for Victims of Violent Crimes or Domestic Abuse: An employee who has been
a victim of a violent crime or domestic violence may take time off to: 1) appear in court
to comply with a subpoena or other court order as a witness in any judicial proceeding;
2) seek medical or psychological assistance; or 3) participate in safety planning to
protect against further assaults.
An affected employee must give the City reasonable notice that he or she is required to
be absent for a purpose stated above. In cases of unscheduled or emergency court
appearances or other emergency circumstances, the affected employee must, within a
reasonable time after the appearance, provide the City with written proof that the
absence was required for any of the above reasons. Leave under this section is unpaid
unless the employee uses vacation or accrued time off.
SECTION 5 Family Care and Medical Leave Policy
1. Statement of Policy: To the extent not already provided for under current leave policies
and provisions, the City will provide family and medical care leave for eligible employees
as required by state and federal law. The following provisions set forth certain rights and
obligations with respect to such leave to date. Rights and obligations which are not
specifically set forth below are set forth in the Department of Labor regulations
implementing the U.S. Family and Medical Leave Act of 1993 ("FMLA"), and the.
regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by
this policy, "leave" under this policy shall mean leave pursuant to the FMLA and CFRA.
Resolution No. 13-065 —Page 40 of 73
2. Definitions:
a. "12-Month Period" means a rolling 12-month period measured backward from the
date leave is taken and continuous with each additional leave day taken.
b. "Single 12-month period" means a 12-month period which begins on the first day the
eligible employee takes FMLA leave to take care of a covered servicemember and
ends twelve (12) months after that date.
c. "Child" means a child under the age of eighteen (18) years of age, or eighteen (18)
years of age or older who is incapable of self care because of a mental or physical
disability. An employee's child is one for whom the employee has actual day-to-day
responsibility for care and include, a biological, adopted, foster or step-child.
A child is "incapable of self care" if he/she requires active assistance or supervision
to provide daily self care in three (3) or more of the activities of daily living or
instrumental activities of daily living — such as, caring for grooming and hygiene,
bathing, dressing and eating, cooking, cleaning, shopping, taking public
transportation, paying bills, maintaining a residence, and using telephones and
directories.
d. "Parent" means the biological, adoptive, step or foster parent of an employee, or an
individual who stands or stood in loco parentis (in place of a parent) to an employee
when the employee was a child. This term does not include parents-in-law.
e. "Spouse" means a husband or wife as defined or recognized under California law for
purposes of marriage.
f. "Domestic Partner," as.defined by Family Code §§ 297 and 299.2, shall have the
same meaning as "Spouse" for purposes of CFRA Leave.
g. "Serious health condition" means an illness, injury, impairment, or physical or mental
condition that involves:
i. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to work, or
perform other regular daily activities due to the serious health condition,
treatment involved, or recovery therefrom); or
ii. Continuing treatment by a health care provider: A serious health condition
involving continuing treatment by a health care provider includes any one or
more of the following:
i. A period of incapacity (i.e., inability to work, or perform other regular daily
activities) due to serious health condition of more than three (3) full
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
1. Treatment two (2) or more times within thirty (30) days on and after the
first day of incapacity, unless extenuating circumstances exist, by a
health care provider, nurse, or a provider of health care services (e.g., a
physical therapist) under orders of, or on referral by a health care
provider. The first in-person treatment visit must take place within seven
(7) days of the first day of incapacity; or
Resolution No. 13-065— Page 41 of 73
2. Treatment by a health care provider on at least one (1) occasion which
must take place within seven (7) days of the first day of incapacity and
results in a regimen of continuing treatment under the supervision of the
health care provider. This includes, for example, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over the
counter, and can be initiated without a visit to a health care provider, it
does not constitute a regimen of continuing treatment.
ii. Any period. of incapacity due to pregnancy or for prenatal care. This
entitles the employee to FMIA leave, but not CFRA leave. Under
California law, an employee disabled by pregnancy is entitled to pregnancy
disability leave.
iii. Any period of incapacity or treatment for such incapacity due to a chronic
serious health condition. A chronic serious health condition is one which:
1. Requires periodic visits (defined as at least twice a year) for treatment
by a health care provider or by a nurse;
2. Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
3. May cause episodic rather than a continuing period of incapacity (e.g.,
asthma, diabetes, epilepsy, etc.). Absences for such incapacity
qualify for leave even if the absence lasts only one (1) day.
iv. A period of incapacity which is permanent or long term due to a condition for
which treatment may not be effective. The employee or family member must
be under the continuing supervision of, but need not be receiving active
treatment by, a health care provider.
v. Any period of absence to receive multiple treatments (including any period of
recovery therefrom) by a health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider, either for
restorative surgery after an accident or other injury, or for a condition that
would likely result in a period of incapacity of more than three (3) consecutive
calendar days in the absence of medical intervention or treatment.
h. "Health Care Provider" means:
L A doctor of medicine or osteopathy who is authorized and licensed to practice
medicine or surgery by the State of California;
ii. Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who directly
treat or supervise treatment of a serious health condition;
iii. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist) authorized and licensed to
practice in California and performing within the scope of their practice as
defined under California State law;
Resolution No. 13-065 — Page 42 of 73
iv. Nurse practitioners and nurse-midwives, clinical social workers, and physician
assistants who are authorized to practice under California State law and who
are performing within the scope of their practice as defined under California
State law;
V. Christian Science practitioners listed with the First Church of Christ, Scientist in
Boston, Massachusetts; and
vi. Any health care provider from whom an employer or group. health plan's
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
i. "Covered active duty" means: (1) in the case of a member of a regular component of
the Armed Forces, duty during the deployment of the member with the Armed Forces
to a foreign country, or (2) in the case of a member of a reserve component of the
Armed Forces, duty during the deployment of member of the Armed Forces to a
foreign country under a call or order to active duty under certain specified provisions
j. "Covered Servicemember" means: (1) a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise
on the temporary disability retired list for a serious injury or illness; or (2) a veteran
who is undergoing medical treatment, recuperation, or therapy, for a serious injury or
illness and who was a member of the Armed Forces, including a member of the
National Guard or Reserves, at any time during the period of five (5) years preceding
the date on which the veteran undergoes that medical treatment, recuperation, or
therapy.
k. "Outpatient Status" means with respect to a covered servicemember, the status of a
member of the Armed Forces assigned to either: (1) a military medical treatment
facility as an outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care as
outpatients.
I. "Next of Kin of a Covered Servicemember" means the nearest blood relative other
than the covered servicemembers spouse, parent, son or daughter, in the following
order of priority: Blood relatives who have been granted legal custody of the covered
servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another blood relative as his or
her nearest blood relative for purposes of military caregiver leave under the FMIA.
m. "Serious Injury or Illness" means: (1) in the case of a member of the Armed Forces,
including a member of the National Guard or Reserves, an injury or illness that was
incurred by the member in the line of duty on active duty in the Armed Forces (or
existed before the beginning of the members active duty and was aggravated by
service in the line of duty on active duty in the Armed Forces) and that may render
the member medically unfit to perform the duties of the members office, grade, rank,
or rating; or (2) in the case of a veteran who was a member of the Armed Forces,
including a member of the National Guard or Reserves, at any time during the period
of five (5) years preceding the date on which the veteran undergoes that medical
treatment, recuperation,or therapy, a qualifying injury or illness that was incurred by
the member in the line of duty on active duty in the Armed Forces (or existed before
the beginning of the member's active duty and was aggravated by service in the line
Resolution No. 13-065— Page 43 of 73
of duty on active duty in the Armed Forces) and that manifested itself before or after
the member became a veteran.
3. Reasons for Leave: Leave is only permitted for the following reasons:
i. The birth of a child or to care for a newborn of an employee;
ii. The placement of a child with an employee in connection with the adoption or foster
care of.a child;
iii. Leave to care for a child, parent, spouse or domestic partner who has a serious
health condition;
iv. Leave because of a serious health condition that makes the employee unable to
perform the functions of his/her position;
v. Leave for a "qualifying exigency" may be taken arising out of the fact that an
employee's spouse, son, daughter or parent is on covered active duty or call to
active duty status (under the FMLA only, not the CFRA); or
vi. Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a covered
servicemember of the United States Armed Forces who has a serious injury or
illness incurred in the line of duty while on active military duty or existed before the
beginning of the member's active duty and was aggravated by service in the line of
duty on active duty in the Armed Forces (this leave can run up to twenty-six (26)
weeks of unpaid leave during a single 12-month period) (under the FMLA only, not
the CFRA).
4. Employees Eligible for Leave: An employee is eligible for leave if the employee:
i. Has been employed for at least twelve (12) months; and
ii. Has been employed for at least 1,250 hours during the 12-month period immediately
preceding the commencement of the leave.
5. Amount of Leave: Eligible employees are entitled to a total of twelve (12) workweeks (or
twenty-six (26) weeks to care for a covered servicemember) of leave during any 12-
month period. Where FMLA leave qualifies as both military caregiver leave and care for
a family member with a serious health condition, the leave will be designated as military
caregiver leave first.
a. Minimum Duration of Leave: If leave is requested for the birth, adoption or foster
care placement of a child of the employee, leave must be concluded within one (1)
year of the birth or placement of the child. In addition, the basic minimum duration of
such leave is two (2) weeks. However, an employee is entitled to leave for one of
these purposes (e.g., bonding with a newborn) for at least one (1) day, but less than
two (2)weeks duration on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself
with a serious health condition, there is no minimum amount of leave that must be
taken. However, the notice and medical certification provisions of this policy must be
complied with.
Resolution No. 13-065 — Page 44 of 73
b. Spouses Both Employed by the City:
In any case in which a husband and wife both employed by the City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled
may be limited to twelve (12) workweeks during any 12-month period if leave is
taken for the birth or placement for adoption or foster care of the employees' child
(i.e., bonding leave).
In any case in which a husband and wife both employed by the City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled .
may be limited to twenty-six (26) workweeks during any 12-month period if leave is
taken to care for a covered servicemember.
Except as noted above, this limitation does not apply to any other type of leave
under this policy.
6. Employee Benefits While on Leave:
Leave under this policy is unpaid. While on leave, employees will continue to be covered
by the City's group health insurance to the same extent that coverage is provided while
the employee is on the job. However, employees will not continue to be covered under
other non-health benefit plans which are not provided pursuant to the City's group health
plans.
Employees may make the appropriate contributions for continued coverage under the
preceding non-health benefit plans by payroll deductions or direct payments made to
these plans. Depending on the particular plan, the City will inform the employee whether
the premiums should be paid to the carrier or to the City. The employee's coverage on a
particular plan may be dropped if he/she is more than thirty (30) days late in making a
premium payment. However, the employee will receive a notice at least fifteen (15) days
before coverage is to cease, advising the employee that he/she will be dropped if the
premium payment is not paid by a certain date. Employee contribution rates are subject
to any change in rates that occurs while the employee is on leave.
If an employee fails to return to work after his/her leave entitlement has been exhausted
or expires, the City shall have the right to recover its share of health plan premiums for
the entire leave period, unless the employee does not return because of the
continuation, recurrence, or onset of a serious health condition of the employee or
his/her family member which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The City shall have the right to recover
premiums through deduction from any sums due the City (e.g. unpaid wages, vacation
pay, etc.).
7. Substitution of Paid Accrued Leaves: While on leave under this policy, as set forth
herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the
City may require an employee to concurrently use paid accrued leaves after requesting
FMLA and/or CFRA leave, and.may also require an employee to use family and medical
care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
a. Employee's Right to Use Paid Accrued Leaves Concurrently with. Family Leave:
Where an employee has earned or accrued paid vacation, administrative.leave,
compensatory time, or personal or family leave, that paid leave may be substituted
for all or part of any (otherwise) unpaid leave under this policy.
Resolution No. 13-065— Page 45 of 73
As for sick leave, an employee is entitled to use sick leave concurrently with leave
under this policy if.
I. The leave is for the employee's own serious health condition; or
ii. The leave is needed to care for a parent, spouse, child, or domestic partner with
a serious health condition, and would be permitted as sick leave under the City's
sick leave policy.
b. City's Right to Require an Employee to Use Paid Leave When Using FMLA/CFRA
Leave: Employees must exhaust their accrued leaves concurrently with
FMLA/CFRA leave to the same extent that employees have the right to use their
accrued leaves concurrently with FMLA/CFRA leave, with two exceptions:
I. Employees are required to use accrued compensatory time earned in lieu of
overtime earned pursuant to the Fair Labor Standards Act; and
ii. Employees will only be required to use sick leave concurrently with FMLA/CFRA
leave if the leave is for the employee's own serious health condition.
c. City's Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently
with Other Leaves: If an employee takes a leave of absence for any reason which is
non-FMLA/CFRA-qualifying, the City may designate that non-FMLA/CFRA leave as
running concurrently with the employee's 12-week FMLA/CFRA leave entitlement.
The only exception is for peace officers and firefighters who are on leave pursuant to
Labor Code § 4850.
d. City and Employee's Rights if an Employee Requests Accrued Leave, Other Than
Accrued Sick Leave, Without Mentioning Either the FMLA or CFRA: If an employee
requests to utilize accrued vacation leave or other accrued paid time off, other than
accrued sick leave, without reference to a FMLA/CFRA-qualifying purpose, the City
may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose.
However, if the City denies the employee's request and the employee provides
information that the requested time off is for a FMLA/CFRA-qualifying purpose, the
City may inquire further into the reason for the absence. If the reason is
FMLA/CFRA-qualifying, the City may require the employee to exhaust accrued leave
as described above.
8. Medical Certification: Employees who request leave for their own. serious health
condition or to care for a child, parent or a spouse who has a serious health condition
must provide written certification from the health care provider of the individual requiring
care if requested by the City.
If the leave is requested because of the employee's own serious health condition, the
certification must include a statement that the employee is unable to work at all or is
unable to perform the essential functions of his/her position.
Employees who request leave to care for a covered servicemember who is a child,
spouse, parent or "next of kin" of the employee must provide written certification from a
health care provider regarding the injured servicemember's serious injury or illness.
For the first time an employee requests leave because of a qualifying exigency, the City
may require the employee to provide a copy of the covered military member's active duty
orders or other documentation issued by the military which indicates that the covered
Resolution No. 13-065 —Page 46 of 73
military member is on covered active duty or call to active duty status in a foreign
country, and the dates of the covered military member's active duty service. A copy of
new active duty orders or similar documentation shall be provided to the City if the need
for leave because of a qualifying exigency arises out of a different active duty or call to
active duty status of the same or a different covered military member.
a. Time to Provide a Certification: When an employee's leave is foreseeable and at
least thirty (30) calendar days' notice has been provided, if a medical certification is
requested, the employee must provide it before the leave begins. When this is not
possible, the employee must provide the requested certification to the City within the
time frame requested.by the City (which must allow at least fifteen (15) calendar
days after the employer's request), unless it is not practicable under the particular
circumstances to do so despite the employee's diligent, good faith efforts.
b. Consequences for Failure to Provide an Adequate or Timely Certification: If an
employee provides an incomplete medical certification the employee will be given a
reasonable opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame
established by this policy, the City may delay the taking of FMLA/CFRA leave until
the required certification.is provided.
c. Second and Third Medical Opinions: If the City has reason to doubt the validity of a
certification, the City may require a medical opinion of a second health care provider
chosen and paid for by the City. If the second opinion is different from the first, the
City may require the opinion of a third provider jointly approved by the City and the
employee, but paid for by the City. The opinion of the third provider will be binding.
An employee may request a copy of the health care provider's opinions when there
is a second or third medical opinion sought.
d. Intermittent Leave or Leave on a Reduced Leave Schedule: If an employee requests
leave intermittently (a few days or hours at a time) or on a reduced leave schedule to
care for an immediate family member with a serious health condition, the employee
must provide medical certification that such leave is medically necessary. "Medically
necessary" means there must be a medical need for the leave and that the leave can
best be accomplished through an intermittent or reduced leave schedule.
9. Employee Notice of Leave: Although the City recognizes that emergencies arise which
may require employees to request immediate leave, employees are required to give as
much notice as possible of their need for leave. Except for qualifying exigency leave, if
leave is foreseeable, at least thirty (30) calendar days' notice is required. In addition, if
an employee knows that he/she will need leave in the future, but does not know the
exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee
shall inform his/her supervisor as soon as possible that such leave will be needed. Such
notice may be orally given. If the City determines that an employee's notice is
inadequate or the employee knew about the requested leave in advance of the request,
the City may delay the granting of the leave until it can, in its discretion, adequately
cover the position with a substitute.
For foreseeable leave due to a qualifying exigency, an employee must provide notice of
the need for leave as soon as practicable, regardless of how far in advance such leave is
foreseeable.
Resolution No. 13-065 — Page 47 of 73
10. Reinstatement upon Return from Leave:
a. Right to Reinstatement: Upon expiration of leave, an employee is entitled to be
reinstated to the position of employment held when the leave commenced, or to an
equivalent position with equivalent employment benefits, pay, and other terms and
conditions of employment. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the employee had been
continuously employed during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the
leave, the employee will be reinstated on the date agreed upon. If the reinstatement
date differs from the original agreement of the employee and City, the employee will
be reinstated within two (2) business days, where feasible, after the employee
notifies the employer of his/her readiness to return.
b. Employee's Obligation to Report Periodically on His/Her Condition: Employees may
be required to periodically report on their status and intent to return to work. This will
avoid any delays to reinstatement when the employee is ready to return.
i c. Fitness-for-Duty Certification: As a condition of reinstatement of an employee whose
leave was due to the employee's own serious health condition, which made the
employee unable to perform his/her job, the employee must obtain and present a
fitness-for-duty certification from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of
reinstatement.
d. Reinstatement of "Key Employees": The City may deny reinstatement to.a "key"
employee (i.e., an employee who is among the highest paid ten percent (10%) of all
employed by the City within 75 miles of the work site) if such denial is necessary to
prevent substantial and grievous economic injury to the operations of the City, and
the employee is notified of the City's intent to deny reinstatement on such basis at
the time the employer determines that such injury would occur.
11. Required Forms: Employees must fill out the following applicable forms in connection
with leave under this policy:
i. "Request for Family or Medical Leave Form" prepared by the City to be eligible for
leave. NOTE: Employees will receive a response from the City to their request,
which will set forth certain conditions of the leave.
ii. Medical certification—either for the employee's own serious health condition or for
the serious health condition of a child, parent, spouse or domestic partner.
iii. Authorization for payroll deductions for benefit plan coverage continuation.
iv. Fitness-for-duty to return from leave form.
SECTION 6 Military Leave
1. Military leave shall be granted in accordance with the provisions of state and federal law.
All employees entitled to military leave shall be given leave within such limits as the
appropriate military regulations may determine. Such leave shall be granted upon
submission of written orders.
Resolution No. 13-065 – Page 48 of 73
2. Every regular classified officer or employee of the City who is actually inducted into, or
enters, any branch of the Military, Army, Navy, Air Force, Marines, or Coast Guard
Service of the United States of America, shall be entitled to a military leave of absence
from his/her City position and shall be entitled to receive regular compensation and
benefits in accordance with State law and federal law.
SECTION 7 Holidays
1. Holidays: All regular full-time, and probationary employees are eligible for holidays as
set forth in the Salary Resolution.
2. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a
holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall
be observed as the holiday. The Salary Resolution outlines the procedure when two (2)
or more holidays occur in the same work week.
3. An employee must be in paid status for the regularly scheduled working day immediately
preceding the holiday and the next regularly scheduled working day immediately
following the holiday in order to receive compensation for that holiday. Authorized paid
leaves of absence (vacation, sick leave, etc.) are counted as regularly scheduled hours
worked.
SECTION 8 Sick Leave
1. Who is Eligible: Sick leave may be granted to a full-time, regular or probationary
employee by reason of an illness or injury of the employee; illness or injury of the
employee's parent, child, spouse or domestic partner; for medical or dental
appointments of the employee which cannot be scheduled outside the work day; and/or
the death or serious illness in the immediate family of the employee as outlined in this
rule.
2. Amount Earned: All full-time, regular or probationary employees of the City shall earn
sick leave in accordance with the Salary Resolution. Sick leave shall be earned,
commencing on the first day of employment as a probationary employee, and accrued
on a bi-weekly basis.
3. Accumulation of Sick Leave: Unused sick leave shall accumulate without limit.
4. Advanced Sick Leave: Sick leave time shall not be taken until such time as it has been
accrued.
5. Utilization of Sick Leave Benefits: The right to utilize benefits under the sick leave
provisions herein shall continue only during the period that the employee is employed by
the City. All benefits hereunder shall terminate upon the termination of City employment,
except as may be otherwise provided by the Salary Resolution. An employee on military
leave shall not be granted sick leave during the military leave period. Employees are not
eligible to utilize benefits until they have completed six (6) months of continuous
employment, except for exempt employees under Fair Labor Standards Act.
6. : Illness During Vacation Leave: Employees who become ill while on approved vacation
leave may request from their supervisor to have vacation time converted to sick leave.
Verification of illness may be required prior to approval.
Resolution No. 13-065 — Page 49 of 73
7. Notification to Supervisor: Any employee who is absent because of sickness or other
physical disability shall notify the appropriate department head or immediate supervisor
at least one (1) day prior to such absence if circumstances permit, or within thirty (30)
minutes after the start of their regular shift when prior notice cannot be given.
8. Sick Leave Authorized Due to Illness in Family: An employee shall be allowed to take
sick leave due to illness of parent, child, spouse or domestic partner for up to sixty (60)
hours annually. In the event of illness of parent, child, spouse or domestic partner, a
certificate of such illness and the need for the employee's absence by the acceptable
medical authority may be required by the department head. Such leave may take travel
time into consideration. The. amount of sick leave used in either of these two
circumstances shall be reported on the employee's time sheet.
9. Return to Work Following Illness: The department head may require an employee to
submit to a medical and/or psychiatric examination by a physician designated by the City
before permitting the employee to return to work after the employee has been on sick
leave. If the results of any such examination indicate that the employee is unable to
perform assigned duties, or if performance of those duties will expose others to infection,
the employee may be placed on sick leave, or leave without pay after all sick leave has
been used, until adequate medical evidence is submitted to demonstrate that the
employee is competent to perform assigned duties or will not subject others to infection.
In cases of disabling illness or injury, the City Manager or department head may seek a
reasonable accommodation of the employee which could include transfer, the
employee's retirement, or commencement of separation procedures.
10. Medical Certificate Requirement: Any officer or employee who submits an application
for sick leave may be required by.either the department head or City Manager to file a
certificate or statement signed by a duly and regularly licensed physician authorized and
licensed to practice medicine which states the employee was incapacitated from
performing the duties of the position for each day that sick leave is requested. Sick
leave shall be granted when the application for sick leave is approved by the department
head or the City Manager.
11. Reimbursement for Accrued Sick Leave: Upon separation from employment, an
employee may be entitled to reimbursement of a limited amount of unused sick leave
pursuant to the provisions of the Salary Resolution.
12. Excessive Use of Sick Leave/Abuse of Sick Leave: An employee will be subject to
discipline for abuse of sick leave. Abuse of sick leave includes, but is not limited to
claiming entitlement to sick leave without meeting the requirements of Section 8,
subsection 1 above; and excessive absence, including . more usage of sick leave than
the City employee average usage of sick leave during the most recent year available..
SECTION 9 Worker's Compensation Leave: An employee who suffers a job related injury is
entitled to Workers Compensation leave pursuant to the provisions of the Salary Resolution.
RULE VII
OUTSIDE EMPLOYMENT
SECTION 1 POLICY
Employees shall not engage in any employment, activity or enterprise which is in conflict with
their City duties, functions or responsibilities. Nor shall they engage in any outside activity,
Resolution No. 13-065— Page 50 of 73
which will directly or indirectly contribute to the lessening of their effectiveness as City
employees.
SECTION 2 Authorization for Outside Employment
1. Any employee engaging in an occupation or outside activity for compensation shall
inform the department head of such activity before commencing the activity. The
department head will then determine whether or not such activity is incompatible with the
employee's city employment.
2. If the department head determines such activity is compatible with the employee's City
employment, he/she may authorize the activity in writing on the "Outside Employment
Form."
3. Said authorization shall be valid only for the work and period prescribed on the Outside
Employment Form and is subject to revocation by the appointing authority.
SECTION 3 Determination of Inconsistent Activities
In making a determination as to the consistency or inconsistency of outside activities for
compensation, the department head shall consider, among other pertinent factors, whether the
activity involves:
1. The use of City time, facilities, equipment and supplies, or the badge, uniform, prestige
or influence of the employee's City office or employment.
2. Receipt or acceptance by the employee of any money or other consideration from
anyone other than the City for performance of an act which the employee would be
required or expected to render in the regular course of his/her City employment or as
part of his/her duties as a City employee.
3. Conditions or factors which would directly or indirectly lessen the efficiency of the
employee in his/her regular City employment, or conditions in which there is a
substantial danger of injury or illness to the employee.
4. The performance of an act other than in his/her capacity as a City officer or employee
which may later be subject directly or indirectly to the control, inspection, review, audit or
enforcement by such officer or employee, or the department by which he is employed.
5. A conflict of interest with the employee's duties as a City employee.
SECTION 4 Use of City Equipment Prohibited
1. No City owned equipment, autos, trucks, instruments, tools, supplies, uniforms,
machines or other City property shall be used by any employee while said employee is
engaged in any outside employment or activity for compensation or otherwise.
2. No employee shall allow any unauthorized person to rent, borrow or use any items
mentioned in Section 4, subsection 1 above except upon prior approval of the City
Manager.
3. No employee shall be engaged in outside employment or activity for compensation or
otherwise while on normal and regular working hours.
Resolution No. 13-065— Page 51 of 73
RULE VIII
SEPARATIONS
SECTION 1 Resignation
Any employee may resign from City service by presenting the resignation in writing to the
department head. The resignation shall become final immediately upon acceptance of the
resignation by the department head. Once the resignation has been accepted by the
department head, it cannot be withdrawn. To resign in good standing, an employee shall give
the department head at least two (2) calendar weeks notice, unless because of extenuating
circumstances, the department head agrees to permit a shorter period of notice. Resignations
shall be promptly forwarded to the Administrative Services Department.
SECTION 2 Reduction in Force by Lavoff
The City Council or City Manager may separate any employee in the best interest of the City for
non-disciplinary reasons without the right of appeal after giving advance notice of separation.
However, no regular full-time employee shall be separated from any department while there are
emergency, seasonal, probationary or temporary employees serving in the same class of
position in the City. The conditions or reduction in force layoffs shall be as follows:
1. Advance Notice: Employees separated by reason of a reduction in force shall be given
fourteen (14) calendar days notice of separation and the reasons therefore. Such
employees will be allowed to utilize accrued time in their effort to obtain other
employment. At the City's discretion, an affected employee may be placed on paid
administrative leave for all or any portion thereof of the notification period.
2. Offer of Reassignment: An employee's appointment shall not be terminated as a result
of a reduction in force procedure before the employee has been made a reasonable
offer of reassignment, if a position is available for which the employee is qualified.
3. Laid Off Employees on Reemployment Register: The names of regular employees who
have been laid off due to reduction in force shall be placed on an appropriate
reemployment list according to date and order separated and shall be eligible for
reemployment. The last employee laid off shall be the first employee on the list for
reemployment with sequential order thereafter.
Each employee on a layoff reemployment list shall remain on that list for one (1) year
from the date of layoff. Employees whose names appear on a layoff reemployment list
shall be considered for reemployment in the class for which the employee was laid off
prior to using any other available employment eligible list to fill regular vacancies in the
subject class. The City Manager can extend the active period of reemployment lists or
individual employees eligibility on such lists for a one (1) year period if he/she
determines extension is in the best interest of the City.
4. Appointment of Laid Off Employees to Lower Class: A regular employee who is
designated to be laid off may bump or be appointed to a lower or equal class for which
the employee is qualified, without examination.
"Bumping": In determining whether an employee may "bump,"the following factors shall
be considered:
a. Whether the employee had obtained regular status in that classification.
Resolution No. 13-065— Page 52 of 73
b. The employee's written performance evaluations.
c. The history of the employee's written disciplinary actions.
d. The employee's written record of attendance including patterns of sick leave usage,
tardiness and unexcused absences.
e. The employee's seniority in the classification and the employee's City wide seniority
(all service time with the City of Rancho Cucamonga).
5. Order of Separation: The layoff of employees shall be based on classification within the
department. Within the classification, selection for retention shall be based equally upon
performance as determined and supported in writing by each supervisory level involved
and seniority of service. However, seniority in itself is not the determining factor for
order of separation unless the layoff is necessary for economic reasons. Therefore, this
policy does not preclude the retention of employees who have less seniority than other
employees within the same classification when there is a layoff that is not necessary for
economic reasons. The following criteria shall be considered in evaluating performance:
a. The employee's written performance evaluations.
b. The employee's written disciplinary actions.
c. The employee's written record of attendance including patterns of sick leave usage,
tardiness and unexcused absences.
d. The employee's seniority in the classification.
6. Re-Appointment of Laid Off Employee
When a laid off employee is re-appointed, his/her vacation shall accrue at the rate which
was in effect at the time of lay off.
SECTION 3 Job Abandonment
An employee is deemed to have resigned if the employee is absent for three (3) consecutive
work days without prior authorization and without providing notification to the City during the
period of the absence. Prior to separation from employment for job abandonment, regular
employees will receive a notice of intent to terminate, an opportunity to respond, and a final
notice of termination for job abandonment. An employee separated for job abandonment will be
reinstated upon proof of justification for such absence, such as severe accident, severe illness,
false arrest, or mental or physical impairment which prevented notification. Employees do not
have aright to an evidentiary appeal for separation due to job abandonment.
RULE IX
EMPLOYEE CONDUCT AND DISCIPLINE
SECTION 1 Definition and Obiective of Discipline
Discipline is the enforcement of policies, rules, regulations and/or other administrative or legal
requirements designed to maintain a standard of cooperation and conduct necessary to
successfully carry out the mission of the City organization. The purpose of discipline is to assist
the employee in recognizing and correcting any behavior or deficiencies regarding performance.
Resolution No. 13-065 — Page 53 of 73
Self-discipline or self-conformity is the goal strived for by this Section. Disciplinary action of
classified employees who have attained regular status, when necessary, shall be documented
in such a manner as to be defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, the affected employee shall be
afforded prior notice of the proposed disciplinary action. The employee shall have reasonable
opportunity to present, in person, their view of the incident(s) resulting in the disciplinary
consideration.
Types of disciplinary actions applicable to regular employees in the classified service are:
dismissal, disciplinary demotion, reduction in pay steps within a pay range, disciplinary
suspension, written reprimand, or an appropriate combination of these disciplinary actions. The
aforementioned types of disciplinary actions are defined as follows:
1. Oral Reprimand: An oral consultation between the supervisor and employee whereby
the supervisor indicates to the employee that there is cause for dissatisfaction with the
employee's services and that further disciplinary measures may be taken if improvement
is not made. An oral reprimand may not be appealed under this rule.
2. Written Reprimand: An official notification in writing by the supervisor to the employee
that there is cause for dissatisfaction with the employee's services and that further
disciplinary measures may be taken if improvement is not made. A written reprimand
may not be appealed under this rule.
3. Disciplinary Suspension: . The temporary separation from City service of an employee
without compensation. A suspension of less than five (5) days may not be appealed
under this rule.
4. Reduction in Pay: The reduction of the employee's pay rate within the pay range
established for the employee's class.
5. Disciplinary Demotion: The demotion of an employee from a position in one class to a
position in another class having a lower maximum rate of pay. The demotion may be
permanent or temporary.
6. Dismissal: The discharge of an employee from the City service.
SECTION 2 Disciplinary Procedures
1. Purpose: The purpose of the Disciplinary Procedures is to afford the regular employee
an opportunity to present his/her view of the factual situation leading to the proposed
disciplinary action of.suspension of five (5) or more days, reduction in pay, demotion or
dismissal, and to afford appropriate administrative review of any disciplinary action which
is taken.
2. Initial Notice: The employee shall be given written notice of the proposed disciplinary
action by the division manager. The notice shall be delivered to the employee in person
and/or mailed to the employee's last known residence by certified mail, return receipt,
postage prepaid. Such notice shall include:
a. The level of discipline intended to be imposed;
b. The specific charges upon which the intended discipline is based;
Resolution No. 13-065 — Page 54 of 73
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports or documents upon which the intended
discipline is based;
e. Notice of the employee's right to respond to the department head regarding the
charges within five (5) calendar days from the date the notice of the proposed
disciplinary action is sent or delivered to the employee, either by requesting an
informal conference, by providing a written response, or both;
f. Notice of the employee's right to have a representative of his or her choice at the
informal conference, should he or she choose to respond orally; and
g. Notice that the failure to respond at the time specified shall constitute a waiver of the
right to respond prior to the imposition of discipline.
3. Riqht to Respond: The employee has five (5) calendar days from the date the notice of
the proposed disciplinary action is sent or delivered to the employee to review the
documents, materials, charges and other evidence presented pursuant to Section 2,
subsection 2 above, and to respond either orally and/or in writing to the department
head. If the employee requests a conference to respond orally to the proposed
disciplinary action, the conference must be scheduled at least seven (7) calendar days
after the date the notice of proposed disciplinary action is sent or delivered to the
employee. The conference will be an informal meeting with the department head.
4. Right to Representation: The affected employee has the right to be represented during
the disciplinary procedure, at the employee's own expense.
5. Further Investigation: If the department head determines that the employee's version of
the facts creates doubt as to the accuracy of the information provided, the department
.head will initiate a further investigation of the factual situation leading to the proposed
disciplinary action.
6. Implementation of Disciplinary Action: Upon completion of the procedures set forth
above, the employee shall be given written notice of the disciplinary action by the
department head. The notice shall be delivered to the employee in person and/or mailed
to the employee's last known residence by certified mail, return receipt, postage prepaid.
Such notice shall include:
a. The level of discipline, if any, to be imposed and the effective date of the discipline;
b. The specific c arges upon which the discipline is based;-
c. A summary of the facts upon which the charges are based;
d. A copy of all written materials, reports or documents upon which the discipline is
based; and
e. A statement of the nature of the employee's right to appeal.
SECTION 3 Disciplinary Authority: Department heads shall have the power and duty to
determine the need for disciplinary action and implement disciplinary actions.
Resolution No. 13-065—Page 55 of 73
I. Informal Discussion: Though not a disciplinary action, when a minor job performance
problem develops, an informal discussion shall usually occur to assist the employee in
clarifying and remedying the problem. An informal discussion is designed to clarify
standards, policies and procedures, and/or rules and regulations so that problems are
resolved early, and the need to utilize disciplinary action may be avoided.
2. Oral or Written Reprimand: A supervisor may reprimand a subordinate for cause. When
deemed appropriate, reprimands shall be in writing and be addressed to the employee.
The employee will be directed to acknowledge receipt by signing the document. A
signed copy shall be forwarded to the Administrative Service Department for placement
in the employee's file. Reprimands cannot be appealed. The employee may write a
written response that must be received by the Administrative Services Department within
eight (8) working days from the date the notice is sent or delivered to the employee, to
be placed in the personnel file with the reprimand.
3. Suspension: A regular employee may be suspended without pay by the department
head. Before the effective date for any non-emergency suspension of five (5) or more
days, the employee will be furnished with written notice pursuant to Section 2 of this
Rule, and be given an opportunity to respond. Suspensions of less than five (5) days
cannot be appealed. The employee may write a written response which must be
received by the Administrative Services Department within eight (8) working days from
the date the notice is sent or delivered to the employee, to be placed in the employee's
personnel file along with the Notice of Suspension.
4. Reduction in Pay: A department head may reduce an employee's pay within the range.
Before the effective date of said reduction, the employee shall be furnished with written
notice pursuant to Section 2 of this Rule, and be given an opportunity to respond. The
employee shall be assigned a new anniversary date for merit review purposes. Such
date shall coincide with the effective date of the reduction action.
5. Demotion: A department head may demote an employee to a lower class for disciplinary
reasons. Before the effective date of the demotion, the employee shall be furnished with
written notice pursuant to Section 2 of this Rule, and be given an opportunity to respond.
The demoted employee shall be assigned a new anniversary date for merit review
purposes. Such date shall coincide with the effective date of the demotion.
6. Dismissal: A department head may terminate a regular employee for cause pursuant to
Section 2 of this Rule. Before the effective date of the dismissal, the department head
shall provide the terminated employee with a written notice pursuant to Section 2 of this
Rule and give the employee an opportunity to respond.
SECTION 4 Ememency Situations
An employee may be temporarily placed on administrative leave from City service with or
without pay for a period of time not to exceed the time reasonably necessary to permit an
investigation of a matter which may result in a disciplinary action. Any employee having
supervisory authority and responsibility may initiate an emergency suspension with pay.
Suspension without pay must be initiated by the department head. In the event the investigation
develops in the employee's favor and no disciplinary action is filed within the suspension period, .
the employee shall be reinstated to duty with all accrued salary and other benefits:
Resolution No. 13-065— Page 56 of 73
SECTION 5 Grounds for Disciplinary Action
The following non-exclusive list shall constitute grounds for disciplinary action (any of them may
be sufficient cause upon which to base a disciplinary action):
1. Fraud in securing employment or making a materially false statement on an application
for employment or on any supporting documents furnished with or made a part of any
application.
2. Incompetency, such as failure to comply with a minimum standard for an employee's
position for a significant period of time.
3. Neglect of duty, such as failure to perform the duties required of an employee's position.
4. Willful disobedience or insubordination; such as willful failure to carry out the direction of
a supervisor or failure to conform to established orders or directions of persons in a
supervisory position, insulting or demeaning the authority of a supervisor or manager.
5. Dishonesty; making any false statement, omission or misrepresentation of material facts.
6. Being under the influence of alcohol or intoxicating drugs while on duty.
7. Absence without authorized leave.
8. Conviction of a crime or conduct constituting a violation of State law or Federal law that
has a relationship to the employee's job. Conviction shall include a plea of guilty or no
contest.
9. Discourteous treatment of the public or other City employees.
10. Improper or unauthorized use of City property.
11. Theft.
12.Violation of the rules and regulations of any department.
13. Refusal or failure to subscribe to any oath or affirmation, which is required by law in
connection with City employment.
14. Any act of conduct undertaken which, either during or outside of duty hours, is of such a
nature that it causes discredit to fall upon the City, and/or the employee's department or
division.
15. Failure to maintain proper decorum during work hours.
16. Abuse of sick leave.
17. Inattention to duty, tardiness, indolence, carelessness or negligence in the care and
handling of City property.
18. Outside employment which conflicts with the employee's position and is not specifically
authorized by the appointing authority.
Resolution No. 13-065— Page 57 of 73
19.Acceptance from any source of any employment a reward, gift or other form of
remuneration in addition to the employee's regular compensation as a personal benefit
to the employee for actions performed in the normal course of the employee's assigned
duties.
20. Mishandling of public funds.
21. Excessive absenteeism or tardiness.
22. Working overtime without prior authorization; refusing to work assigned overtime.
23. Falsification of any City report or record, or of any report or record required to be
completed by the employee.
24. Violation of the City or department's confidentiality policies; disclosure of confidential
City information to any unauthorized person or entity.
25. Violation of the City's Policy Against Harassment, Discrimination and Retaliation.
26. Violation of any of the provisions of the Municipal Code, lawful ordinances, resolutions,
or any rules, regulations or policies which may be prescribed by the City Council, City
Manager, department head or supervisor.
27. Engaging in political activities precluded by State or Federal law, City Ordinance, policy
or these rules.
SECTION 6 Records
Records pertaining to disciplinary actions shall be maintained in the employee's personnel file.
RULE X
DISCIPLINE APPEAL PROCEDURES
SECTION 1 Right to Appeal
A regular full-time and for cause employee shall have the right to appeal the following
disciplinary actions:
1. Suspensions without pay of five (5) or more working days.
2. Salary reduction.
3. Demotion.
4. Dismissal.
A promotional probationary employee shall have the right to appeal the following disciplinary
actions: suspension without pay of three (3) or more working days and dismissal.
SECTION 2 Method of Appeal
Appeals shall be made in writing, state the grounds for the appeal, and signed by the appellant
or his/her representative. Appeals shall be filed with the Administrative Services Department
Resolution No. 13-065— Page 58 of 73
within eight (8),working days from the date the notice of disciplinary action is sent or delivered to
the employee pursuant to Rule IX (Employee Conduct and Discipline), Section 2. Failure by the
appellant or his/her representative to file the appeal within the aforementioned time period will
constitute a waiver of his/her right to an appeal.
SECTION 3 Notice
Upon the filing of an appeal, the Administrative Services Department will set a date for a hearing
on the appeal not less than eight (8) working days, nor more than twenty-four(24) working days,
from the date of filing. However, the Administrative Services Department may,'at its discretion,
waive such time limits if it determines that additional time is necessary. The Administrative
Services Department shall notify all interested parties of the date, time, and place of the
hearing.
SECTION 4 Rules for Hearing
Rules for the conduct of the hearing may be promulgated by the Personnel Officer.
SECTION 5 Hearing Officer
Appeals shall be heard by the Personnel Officer. A decision rendered by the Personnel Officer,
shall be final.
SECTION 6 Hearing Conduct and Representation
The appellant shall appear personally, unless physically unable to do so, at the time and place
of the hearing. He/she may, but need not be-represented. If represented, the appellant must
identify his/her representative at least three (3) working days before the hearing. The conduct
and decorum of the hearing shall be under the control of the Hearing Officer. The hearing shall
be closed unless the appellant requests that it be open.
SECTION 7 Evidence and Examination of Witnesses
1. Oral evidence shall be taken only on oath or affirmation.
2. Each party shall have the following rights:
a. To call and examine witnesses.
b. To produce documentary evidence.
c. To cross-examine opposing witnesses on any matter relevant to the issues even
though that matter was not covered in the direct examination.
d. To impeach any witness regardless of which party first called him/her to testify.
e. To rebut the evidence against him/her.
3. The hearing need not be conducted according to technical rules relating to evidence and
witnesses. The rules of privilege shall be effective to the extent that they otherwise are
required by statute to be recognized at the hearing. Irrelevant and unduly repetitious
evidence shall be excluded.
Resolution No. 13-065— Page 59 of 73
SECTION 8 Findings and Conclusions
Written findings of fact shall be made which state as to each charge whether or not such charge
is sustained and shall affirm, reverse or modify the appealed decision. The Hearing Officer's
decision on the appeal shall be contained in a formal, written document, which includes the
findings of fact supporting the decision. The decision shall be final and binding and such
decision shall be served in person or by certified mail to the employee's last known residence,
return receipt, postage prepaid mail on the employee appealing the decision, and by regular
mail or in person on the department head who instituted the discipline.
SECTION 9 Statute of Limitations
The Hearing Officer's written findings and decision is final. There is no process for
reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have ninety
(90) days from the date of the proof of service of mailing of the written findings and decision to
appeal the decision to the Superior Court in and for the County of San Bernardino.
RULE XI
GRIEVANCE PROCEDURES
SECTION 1 Purpose of Rule
1. To promote improved employer-employee relations by establishing procedures on
matters for which appeal or hearing is not provided by other regulations.
2. To afford employees individually a systematic means of obtaining further consideration
of problems after every reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the point of origin.
4. To provide that grievances shall be conducted as informally as possible.
SECTION 2 Matters Subject to Grievance Procedure
An employee shall have the right to file a grievance concerning an alleged violation,
misinterpretation or misapplication of City policy, City Personnel Rules and Regulations, and/or
the Memorandum of Understanding. Matters otherwise subject to the disciplinary procedure
shall not be subject to the grievance procedure. In addition, the following matters are excluded
from this procedure:
1. Requests for changes in wages, hours, or working conditions, including any impasse or
dispute in the meet and confer process or matter within the scope of representation;
2. Requests for changes in the content of employee evaluations or performance reviews,
oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase;
4. Challenges to any disciplinary action; and
5. Challenges to examinations or the appointment to positions.
Resolution No. 13-065—Page 60 of 73
SECTION 3 Informal Grievance Procedure
Within eight work days of the occurrence of the act(s) that constitutes the grievance, an
employee shall discuss the grievance with his/her immediate supervisor. If, after this
discussion, the employee does not believe the problem has been satisfactorily resolved, the
employee shall have the right to discuss it with the supervisor's immediate superior in the
administrative service, if any. Every effort shall be made to find an acceptable solution by
informal means at the lowest possible level of supervision.
If the employee is not in agreement with the decision reached by discussion, the employee shall
then have the right to file a formal grievance in writing within five (5) working days after receiving
the informal decision of the immediate supervisor. Failure of the employee to file the grievance
within five (5) work days shall constitute a waiver of the grievance. Formal written grievances
shall only apply to the employee affected, shall specifically identify the action being grieved, and
shall include a statement of the action(s) desired by the grievant and the reasons therefore.
SECTION 4 Formal Grievance Procedure (Levels of Review Through Chain of Command)
1. First Level of Review: The grievance shall be presented in writing to the employee's
immediate supervisor, who shall render a decision and comments in writing and return
them to the employee within eight (8) working days after receipt of the grievance. If the
employee does not agree with the supervisor's decision, or if no answer has been
received within eight (8) working days, the employee may present the grievance, in
writing, to the department head. Failure of the employee to take further action within
eight (8) working days after receipt of the written decision of the supervisor, or within
eight (8) working days if no decision is rendered, shall constitute a waiver of the
grievance.
2. Department Review: The department head receiving the grievance of an employee or a
designated representative shall discuss the grievance with the employee, the
employee's representative if so desired, and with other appropriate persons. The
department head shall render a decision and comments in writing, and return them to
the employee within eight (8) working days after receiving the grievance. If the
employee does not agree with the decision reached, or if no answer has been received
within eight (8) working days, the employee may present the grievance in writing to the
Personnel Officer. Failure of the employee to take further action within eight (8) working
days after receipt of the department head's written decision, or within eight (8) working
days if no decision is rendered, shall constitute waiver of the grievance.
3. Personnel Officer. The Personnel Officer, or his/her designated representative, upon
receipt of the grievance, shall discuss the grievance with the employee, and/or the
employee's designated representative, and with other appropriate persons. The
Personnel Officer or designee shall render a decision in writing to the employee within
eight (8) working days after receiving the grievance. The decision of the Personnel
Officer shall be final.
SECTION 5 Conduct of Grievance Procedure
1. The time limits specified above may be extended to a definite date by mutual agreement
of the employee and the reviewer concerned in writing.
2. The employee may have a representative of his or her choice present at all stages of the
grievance procedure, except that no one may be represented by an employee he or she
supervises, and no employee may be represented by his or her supervisor or
Resolution No. 13-065— Page 61 of 73
department head. At least 48 hours prior the grievance meeting, the employee shall
inform the individual hearing the grievance whether he or she will be represented at the
grievance meeting and shall identify the representative.
3. EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE
GRIEVANCE PROCEDURE.
4. The grievant may request that the informal discussion with the immediate supervisor be
waived.
RULE XII
TRAINING AND EMPLOYEE DEVELOPMENT
SECTION 1 Purpose
The City of Rancho Cucamonga wants to utilize and develop in full measure the talent and
ability of each employee. Managerial and supervisory personnel are accountable for the
development and utilization of human resources even as they are accountable for the execution
of other administrative instructions, rules and regulations.
Specific policies relating to Tuition Reimbursement are contained in the Wage and
Compensation Resolution.
SECTION 2 Responsibility
Responsibility for training and development resides in:
1. The Employee: To plan, pursue and accomplish personal development and growth in
terms of job skills.
2. Supervisors: To promote and encourage the development of each of their subordinates.
To create a situation in which it is possible for employees to improve their capabilities.
And to provide the training, experience and counseling as necessary for current and
future job requirements.
3. The City of Rancho Cucamonga: To develop a 'climate" which provides a continuing
development process so that competent and industrious employees are available to fill
higher level vacancies as such vacancies occur. The City of Rancho Cucamonga is also
responsible for establishing management accountability for training and development of
persons it employs, and developing a system to provide necessary training.
4. The City Manager: To encourage and review organizational activities which improve the
training and development opportunities for City employees.
SECTION 3 Organization
Each department shall establish a training and development program to provide for the needs of
its employees. The program shall include an assessment of training needs.and,the methods to
be utilized in meeting those needs.
The Deputy City Manager/Administrative Services shall be available to the departments to
provide assistance in obtaining the resources necessary to meet the goals and objectives of the
departments for employee development and training.
Resolution No. 13-065— Page 62 of 73
SECTION 4 Safety
Acceptance of employment means that the employee has agreed to follow safety rules and
methods. It is the responsibility of supervisors to promote safety consciousness among their
employees and provide .training in safe practices. The City's policy regarding safety
incorporates the following considerations and conditions.
1. Safety is just as important as getting work done.
2. Safety rules must be followed.
3. The City will provide safe working conditions and safety equipment deemed necessary
by the City or required by law to all employees.
4. An employee who violates safety rules is subject to discipline.
5. An employee who is injured must immediately report the accidentlincident to his/her
supervisor.
SECTION 5 Performance Evaluation
1. Policy: It is the policy of the City to regularly evaluate an employee regarding general
performance standards and specific aspects of his/her job. It is the responsibility of the
City Manager and department heads to insure that these evaluations are prepared in
accordance with the following procedures.
The Administrative Services Department shall prescribe and provide the forms for
performance evaluations, and monitor and amend these procedures to insure that the
system is fair and equitable to employees and that it provides reliable information
regarding the performance of employees.
When an employee begins work with the City, his/her supervisor will discuss the
responsibilities and expectations of the position with the employee.
Employees shall be evaluated at least on an annual basis.
Supervisors and managers shall be evaluated based on their timely completion of
Evaluation Reports of their subordinates.
2. Schedule for Evaluation: Each probationary employee or regular employee on probation
shall be evaluated prior to completion of the first six (6) months of employment, upon
completion of the probation period, and on the completion of any extended probationary
period.
Within a thirty (30) day period before the effective date of the above actions, a
Performance Evaluation Report should be prepared and discussed with the employee.
Also, an annual review shall be prepared for those employees who have achieved
regular status. The report should be prepared and discussed with the employee within a
thirty (30) day period preceding the employee's anniversary date.
In any event, a Performance Evaluation Report is required whenever a pay increase is
recommended. Special reports may be initiated to recognize and document exceptional
Resolution No. 13-066— Page 68 of 73
performance or to document a warning to the employee that if performance does not
improve disciplinary action could be initiated.
3. Authority to Evaluate: The department head shall have the authority to evaluate
employees under his/her supervision. Such authority may be delegated to an immediate
supervisor who is best familiar with the work of an employee. The department head
shall, however, retain a review option of the reports prepared by any employee's
immediate supervisor.
4. Review with the Employee: The most constructive purpose of the Performance
Evaluation Report is the information it provides to the employee and management, and
the opportunity it provides for an employee and his/her supervisor to discuss
expectations, responsibilities, accomplishments and ways to improve performance.
5. Objection to Evaluation Report: An employee may append to the Performance
Evaluation Report any disagreement with the performance evaluation.
6. Effects of "Improvement Needed" or "Unsatisfactory" Evaluation: In the event that an
employee receives an overall evaluation of "Improvement Needed" or "Unsatisfactory,"
he/she will be re-evaluated after a time specified in the Performance Evaluation Report.
Whenever an "Improvement Needed" or "Unsatisfactory" overall evaluation is given, the
employee shall not be eligible to participate in any promotional examination. Nor shall
he/she be granted a step increase until a satisfactory evaluation is reported.
In any event, .whenever an employee receives a second overall evaluation of
"Improvement Needed" or "Unsatisfactory," disciplinary action will be taken by the
department head as provided in these Rules and Regulations.
7. Distribution of the Reports: Performance Evaluation Reports shall be prepared in three
copies. One copy shall be retained by the department head. One copy shall be given to
the employee. And one copy shall be retained by the Personnel Officer and added to
the employee's personnel file.
RULE XIII
REPORTS AND RECORDS
SECTION 1 General
The Administrative Services Department shall maintain a personnel file for each employee in
the service of the City of Rancho Cucamonga. Said file shall include material that is necessary
and relevant to the administration of the City's Personnel Program.
SECTION 2 Reports to Administrative Services Department
Department heads shall report to the Administrative Services Department the various matters
relating to the certification, appointment, promotion, demotion, resignation, removal, leaves of
absence, vacation and other matters requiring reports relating or having reference to the status
of the various officers or employees of the City so that any and all of such records may be kept
in a proper manner. This data shall be transmitted in a manner prescribed by the Personnel
Officer.
Resolution No. 13-065— Page 64 of 73
Each employee is responsible to promptly notify the Administrative Services Department of any
changes in relevant personal information, including: (1) mailing address, (2) telephone number,
(3) persons to contact in emergency, (4) number and names of dependents, and (5) designation
of beneficiaries of certain benefits.
Each employee must designate a beneficiary and provide the address and/or telephone number
of the beneficiary so that contact can be made in the event of the death of the employee.
SECTION 3 Other Records
Other pertinent personnel records may be set up and maintained by the department that are
necessary to insure a record system that reflects good organization and management, and
accurate recording of all transactions in the City personnel program.
SECTION 4 Change of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, and any other
temporary or permanent change in the status of employees shall be reported to the
Administrative Services Department.
SECTION 5 Destruction of Records
Payroll records shall be kept permanently. All other records relating to personnel, except those
relating to disciplinary actions may be destroyed after five (5) years by the Personnel Officer
with approval from the City's Attorney and Records Manager.
SECTION 6 Personnel Files
1. There shall be a personnel file for each City employee. The personnel file shall be
maintained at the Administrative Services Department. A copy of the personnel file may
also be maintained in the employee's department.
2. Employees shall be provided with copies of any derogatory written material before it is
placed in the employee's official personnel file.
3. An employee shall have the right to examine copies of any material from his/her
personnel file, with the exception of material that includes ratings, reports or records,
which were obtained prior to the employment of the employee involved, at any
reasonable time, for a reasonable interval of time, and with sufficient notice. The review
shall be done in the presence of an employee from the Administrative Services
Department.
4. All personnel files shall be kept in confidence and shall be made available for inspection
to other employees of the City only when necessary in the proper administration of City
affairs or supervision of the employee.
5. Any person who prepares written material or drafts written material for placement in an
employee's personnel file shall sign the material and signify the date on which such
material was drafted. Any written materials placed in a personnel file shall indicate the
date of such placement.
Resolution No. 13-066 — Page 65 of 73
SECTION 7 Reference and Release of Information in Personnel Files
1. Public Information: Upon request, the City will release to the public information about
its employees as required by the Public Records Act. The City will not disclose
personnel information if it believes doing so would constitute an unwarranted invasion of
personal privacy.
2. Reference Checks: All requests from outside the City for reference checks or
verification of employment concerning any current or former employee must be referred
to the Human Resources Department. Information will be released only if the employee
signs an AUTHORIZATION FOR RELEASE OF EMPLOYMENT INFORMATION in the
form attached to these Rules and Regulations, except that without such authorization,
the following limited information will be provided: dates of employment, and current
salary or salary upon separation. Department heads and supervisors should not provide
information in response to requests for reference checks or verification of employment,
unless specifically approved by the Personnel Division.
RULE XIV
PART-TIME, SEASONAL AND TEMPORARY EMPLOYEES
SECTION 1 Compensation
1. Part-time Employees: Part-time employees hold a budgeted position, and work less
than forty (40) hours per week and typically less than 1,040 hours per year. Part time
employees shall be paid the hourly rate established by the salary resolution.
2. Seasonal Employees: Seasonal employees shall be paid the hourly rate established by
the salary resolution and are employed part-time throughout various seasons. Seasonal
employee shall not work more than 1,040 hours per year.
3. Temporary Employees: Temporary employees shall be paid the hourly rate established
by the salary resolution and are hired to perform duties for a period of time not to exceed
six (6) months of continuous full-time employment. Temporary employees shall not work
more than 1,040 hours per year.
SECTION 2 Participation in Benefit Programs
No part-time, seasonal or-temporary employee shall be eligible for participation in any benefit
program established by the City, except as required by State and/or Federal law or as may be
specifically approved by the City Manager and/or City Council.
SECTION 3 Schedules, Position Control, Wage Rates
Part-time, seasonal and temporary employees shall work on a prearranged schedule beneficial
to both the employee and the City. Part-time, seasonal and temporary positions may be
abolished and/or replaced with full-time positions by the City Council. Wage rates for part-time,
seasonal and temporary employees shall be established by the City Council.
SECTION 4 Merit Increases
Part-time, seasonal and temporary employees are eligible for merit increases as provided in
Policy Number 200-01 of the Policy and Procedures Manual.
Resolution No. 13-066—Page 66 of 73
SECTION 5 Performance Evaluation
No part-time, seasonal or temporary employee shall be eligible for a salary adjustment except
as approved by the Personnel Officer upon the recommendation of the department head
contained in a Performance Evaluation Report, or such other form as may be required by the
Personnel Officer. Said Performance Evaluation Report shall be completed in accordance with
the procedures for the completion of Performance Evaluation Reports for full-time employees.
RULE XV
POLICY AGAINST HARASSMENT, DISCRIMINATION AND RETALIATION IN THE
WORKPLACE
SECTION 1 PURPOSE
It is the City's intent and the purpose of this Policy to provide all employees, applicants and
contractors with an environment that is free from any form of discriminatory harassment,
discrimination or retaliation as defined in this Policy. This Policy prohibits harassment or
discrimination on the basis of any of the following classifications: an individual's race, religion,
color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and
bisexuality), national origin, ancestry, citizenship status, uniformed service member status,
marital status, pregnancy, age, medical condition, genetic information, and physical or mental
disability (whether perceived or actual) or any other category protected by law. It is also the
policy of the City to provide a procedure for investigating alleged harassment, discrimination and
retaliation in violation of this Policy. The protection from discrimination includes protection from
retaliation for having taken action either as a complainant, or for assisting a complainant in
taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other
proceeding to obtain a remedy for a breach of this policy.
SECTION 2 POLICY
The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to
the level of a violation of law in order to violate this Policy. Instead, a single act can violate this
Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as
to whether any particular conduct may violate this Policy, do not engage in the conduct, and
seek guidance from a supervisor or the Deputy City Manager/Administrative Services.
SECTION 3 DEFINITIONS
1. Protected Classifications: This Policy prohibits harassment or discrimination because of
an individual's protected classification(s). "Protected Classification" includes race,
religion, color, sex, gender identity, sexual orientation (including heterosexuality,
homosexuality and bisexuality), national origin, ancestry, citizenship status, uniformed
service member status, marital status, pregnancy, age, medical condition, genetic
information, and physical or mental disability (whether perceived or actual).
2. Policy Coverage: This Policy prohibits elected officials, officers, employees and
contractors from harassing or discriminating against applicants, officers, officials,
employees and contractors because: (1) of an individual's protected classification, (2) of
the perception of an individual's protected classification, or (3) the individual associates
with a person who has or is perceived to have a protected classification.
Resolution No. 13-066— Page 67 of 73
3. Discrimination: This Policy prohibits treating individuals differently because of the
individual's protected classification as defined by this Policy.
4. Harassment: Harassment means unsolicited words or conduct which subjectively and
objectively offend another person. Harassment includes, but is not limited to, the
following examples of behavior undertaken because of an individual's protected
classification:
a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or
suggestive comments, propositioning,jokes or,slurs, or graphic verbal commentaries
about an individual's body on the basis of his or her protected classification. Verbal
harassment includes comments on appearance and stories that tend to disparage
those of a protected classification.
b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons,
drawings, sexually suggestive objects or e-mails on the basis of a protected
classification. Visual harassment includes mimicking the way someone walks or
talks because of their protected classification.
c. Physical harassment, such as assault, touching, impeding or blocking movement,
grabbing, patting, leering, making express or implied job-related threats in return for
submission to physical acts, taunting, or any physical interference with normal work
or movement based on an individual's protected classification.
d. Sexual harassment, such as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature or any of the above
described conduct when:
i. Submission to such conduct is either an expressed or implied term or condition
of an individual's employment, or
ii. Submission to or rejection of such conduct is used as the basis for employment
decisions affecting such individual, or
iii. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating a hostile, intimidating or offensive work
environment.
iv. By definition, sexual harassment is not within the course and scope of an
individual's employment with the City.
SECTION 4 ROMANTIC AND SEXUAL RELATIONSHIPS BETWEEN
SUPERVISORS AND SUBORDINATES
Romantic or sexual relationships between supervisors and subordinate employees are
discouraged. There is an inherent imbalance of power and potential for exploitation in such
relationships. The relationship may create an appearance of impropriety and lead to charges of
favoritism by other employees. A welcome sexual relationship may change, with the result that
sexual conduct that was once welcome becomes unwelcome and harassing.
Resolution No. 13-066—Page 68 of 73
SECTION 5 RETALIATION
Retaliation against a person (or his or her associates) who reports or provides information about
harassment or discrimination is strictly prohibited. Any act of reprisal violates this Policy and will
result in appropriate disciplinary action. Examples of actions that might be retaliation against a
complainant, witness or other participant in the complaint process include: (1) singling a person
out for harsher treatment; {2) lowering a performance evaluation; (3) failing to hire, failing to
promote, withholding pay increases, assigning more onerous work, abolishing a position,
demotion or discharge; or (4) real or implied threats of intimidation to prevent an individual from
reporting harassment or discrimination.
Any act of retaliation will be treated as a separate and distinct incident, regardless of the
outcome of the harassment or discrimination complaint.
SECTION 6 REPORTING HARASSMENT, DISCRIMINATION OR RETALIATION
An applicant, employee, officer or contractor who feels he or she has been harassed,
discriminated against or retaliated against in violation of this Policy should report the conduct
immediately as outlined below so that the complaint can be resolved quickly and fairly.
All employees involved in the complaint process may be represented by a person of their
choosing and at their own expense.
1. Obiect to the Conduct: Sometimes an individual is unaware that his/her conduct is
offensive. The offensive behavior may be eliminated simply by informing the offender
that the conduct or language in question is unwelcome and offensive and request that it
be discontinued immediately. A person who believes he/she is being harassed is
encouraged to use this process.
When the conduct in question continues after the offending person has been informed it
is offensive, or if a person does not feel comfortable talking to the offending person
directly, the employee should make a report in accordance with Section 6, subsection 2
below or go directly to the formal reporting process.
2. Oral Report: If a person who believes that this Policy has been violated does not want to
confront the offending person, or if the supervisor is the offending person, he/she should
report the conduct to a supervisor, department head or any City management employee.
The individual may also seek the advice, assistance or consultation of a supervisor,
department head, or any City management employee. Any supervisory or management
employee who receives such a report must in turn direct it to the Deputy City
Manager/Administrative Services. The Deputy City Manager/Administrative Services will
determine what level of investigation and response is necessary.
3. Written Process: An individual who believes this Policy has been violated may provide a
written complaint to a supervisor, department head or any management employee who
in turn must direct the complaint to the Administrative Services Department. Individuals
are encouraged to use the Confidential Complaint Form for this purpose.
4. Option to Report to Outside Administrative Agencies: Applicants, employees, officers
and contractors have 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).
Resolution No. 13-066— Page 69 of 73
SECTION 7 CITY'S RESPONSE TO COMPLAINT OF HARASSMENT,
DISCRIMINATION OR RETALIATION
1. Investigation: Upon receipt of a complaint of alleged harassment, discrimination or
retaliation, the Deputy City Manager/Administrative Services will be responsible for
coordinating a thorough investigation (unless he/she is named in the complaint). The
Deputy City Manager/Administrative Services may coordinate the investigation with the
complainant's department head and may hire an outside investigator if the City deems it
appropriate. The type of investigation undertaken and the party chosen to conduct the
investigation will depend on the nature of the complaint made and will be determined by
the Deputy City Manager/Administrative Services. Deputy City Manager/Administrative
Services will report the status of investigations to the City Manager as appropriate.
The Deputy City Manager/Administrative Services, in concurrence with the City
Manager, may take interim action to diffuse volatile circumstances.
The investigator will review the complaint allegations. The investigation will normally
include interviews with the reporting individual, the accused, and any other person who
is believed to have relevant knowledge concerning the allegations. The investigator will
remind all witnesses to maintain the confidentiality of the interview and that retaliation
against those who report alleged harassment or discrimination or who participate in the
investigation is prohibited.
The City takes a proactive approach to potential Policy violations and will conduct an
investigation if its officers, supervisors, or managers become aware that harassment,
discrimination or retaliation may be occurring, regardless of whether or not the recipient
of the alleged action or a third party reports a potential violation.
2. Remedial and Disciplinary Action: If the investigation determines that the alleged
conduct occurred and that the conduct violated this Policy, the City will notify the
complainant and perpetrator of the general conclusion(s) of the investigation and take
effective remedial action that is designed to end the violation(s). Any employee or officer
determined to have violated this Policy will be subject to disciplinary action, up to and
including termination. Disciplinary action may also be taken against any supervisor or
manager who condones or ignores potential violations of this Policy, or who otherwise
fails to take appropriate action to enforce this Policy. Any official or contractor found to
have violated this Policy will be subject to appropriate sanctions.
3. Closure: At the conclusion of the investigation, the Deputy City Manager/Administrative
Services will notify the complainant in general terms of the outcome of the investigation.
4. Confidentiality: 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 investigate potential Policy violations fully and take effective remedial
action. 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/Administrative Services. Any individual
who discusses the content of an investigatory interview will be subject to discipline or
other appropriate sanction. The City will not disclose a completed investigation report
except as it deems necessary to support a disciplinary action, to take remedial action, to
defend itself in adversarial proceedings, or to comply with the law or a court order. .
Resolution No. 13-066—Page 70 of 73
SECTION 8 RESPONSIBILITIES OF EMPLOYEES, MANAGEMENT
AND SUPERVISORY EMPLOYEES
1. Employees: In order to establish and maintain a professional working environment,
while at the same time preventing harassment, discrimination, and retaliation,
employees are expected to:
a. Set an example of acceptable conduct by not participating in or provoking behavior
that violates this Policy. Try not to be angry or insulted if an individual tells you.that
your behavior is offensive. People have different ethical values and standards and
may be offended by behavior you think is proper. Tell the individual you did not
realize your behavior was offensive, and immediately cease the conduct.
b. Let fellow employees know when you consider behavior offensive. The City hires
people from a wide variety of cultural and ethnic backgrounds, and an individual may
not realize behavior he or she thinks is proper could be seen by others as offensive.
c. Report harassment, discrimination or retaliation as quickly as possible, regardless of
whether the employee is the target of the conduct or a witness.
d. If an employee witnesses harassment, he or she should tell the individual being
harassed that the City has a policy prohibiting such behavior, and that he or she can
demand that the harasser cease the behavior.
e. Maintain confidentiality as required by this Policy.
f. Fully cooperate with the City's investigation of complaints made under this Policy.
2. Managers and Supervisors: In addition to the responsibilities listed above, managers
and supervisors are responsible for the following:
a. Implementing this Policy by taking all complaints seriously and modeling behavior
that is consistent with this Policy. Direct all complaints to the Deputy City
Manager/Administrative Services.
b. Taking positive steps to eliminate any form of harassment, discrimination or
retaliation observed or brought to his/her attention.
c. Making sure no department director, supervisor or other employee retaliates
through any action of intimidation, restraint, coercion or discrimination.
d. Monitoring the work environment and taking appropriate action to stop potential
Policy violations.
e. Following up with those who have complained to ensure the behavior complained of
has ceased.
f. Informing complainants of their option to contact the EEOC or DFEH regarding a
potential Policy violation.
Resolution No. 13-066— Page 71 of 73
SECTION 9 MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from harassment and
discrimination, the City requires that all of its employees receive training on this Policy at least
once every two years. The Administrative Services Department will schedule training sessions
each year to ensure that employees are able to complete the mandatory training. Attendance at
the training will be documented.
SECTION 10 POLICY AGAINST RETALIATION
1. Policy: The City prohibits taking any adverse employment action against those who in
good faith report, oppose, or participate (as witnesses or accused) in investigations into
complaints of alleged violations of City policy or state or federal law in retaliation for that
reporting, opposition, or participation. Disciplinary action, up to and including
termination, will be taken against an employee or officer who is found to have violated
this policy. Any elected official or contractor who violates this Policy Against Retaliation
will be subject to appropriate sanctions.
2. Policy Coverage: This Policy Against Retaliation prohibits City officials, officers,
employees, or contractors from retaliating against applicants, officers, officials,
employees, or contractors because of any of the protected activity as defined herein.
3. Definitions:
a. "Protected activity" includes any of the following:
i. Filing a complaint with a federal or state enforcement or administrative agency
ii. Participating in or cooperating with a federal or state enforcement agency that
is conducting an investigation of the City regarding alleged unlawful activity
iii. Testifying as a party, witness or accused regarding alleged unlawful activity
iv. Associating with another employee who is engaged in any of the protected
activities enumerated here
V. Making or filing an internal complaint with the City regarding alleged unlawful
activity
vi. Providing informal notice to the City regarding alleged unlawful activity
vii. Calling a governmental agency's "Whistleblower hotline"
viii. Filing a written complaint under penalty of perjury that the agency has
engaged in "gross mismanagement, a significant waste of public funds, or a
substantial and specific danger to public health or safety."
b. "Adverse action" may include, but is not limited to, any of the following:
i. Real or implied threats of intimidation to attempt or prevent an individual from
reporting alleged wrongdoing or because of protected activity
ii. Refusing to hire an individual because of protected activity
Resolution No. 13-066 — Page 72 of 73
iii. Denying promotion to an individual because of protected activity
iv. Taking any form of disciplinary action because of protected activity
V. Extending a probationary period because of protected activity
vi. Altering work schedules or work assignments because of protected activity
vii. Condoning hostility and criticism of co-workers and third parties because of
protected activity
4. Complaint Procedure: An applicant, employee, officer, official or contractor who feels he
or she has been retaliated against in violation of this Policy should immediately report
the conduct according to the City's harassment complaint procedure so that the
complaint can be resolved fairly and quickly.
Resolution No. 13-066—Page 73 of 73