HomeMy WebLinkAboutContract 1967 Cathedral City
City of Cathedral City
REGULATIONS COVERING
EXECUTIVE, ADMINISTRATIVE,
PROFESSIONAL, CONFIDENTIAL, AND
OTHER PARTICULAR EMPLOYEES
1
ARTICLE 1 - GENERAL CONSIDERATIONS 4
1.1 Executive, Administrative, Professional, Confidential Provisions. 4
1.2 Employee Activities 4
1.3 Inconsistent Employee Activities 4
1.4 Improper Use of City Equipment Prohibited 5
1.5 Safety and Health 5
1.6 Political Activity 5
1.7 Criminal Conviction - Ineligibility for Employment. 6
1.8 Smoking 6
ARTICLE 2 - MANAGEMENT RIGHTS 6
2.1 Management Rights 6
ARTICLE 3 -COMPENSATION 7
3.1 Preparation and Adoption of Salary Plan 7
3.2 Salary Increases 8
3.3 Salary Plan Structure 8
3.4 Salary Advancement/Longevity- Full-time Employees 8
3.5 Salary upon Promotion 9
3.6 Salary upon Demotion 9
3.7 Salary upon Reinstatement 10
3.8 Salary upon Transfer. 10
3.9 Salary upon Position Reclassification 10
3.10 Special Salary Adjustments 10
3.11 Overtime 11
3.12 Compensation for Temporary Assignment to Higher Classification 11
3.13 Compensation for Layoff 11
3.14 Compensation During Suspension 11
3.15 Salary Upon Voluntary Demotion 12
3.16 Bilingual Services Compensation 12
3.17 Mileage 12
3.18 Car Allowance 12
3.19 Smartphone Stipend 13
3.20 Certification and Education Incentives 13
3.21 Certification Incentives for Police Chief 13
3.22 Restitution 13
3.23 Correcting Errors in Salary Rate or Other Provisions 13
ARTICLE 4- PROBATION 14
4.1 Full-Time and Part-Time Employees' Probation 14
4.2 Probation on Promotion, Reinstatement or Reclassification 14
4.3 Objective of Probationary Period 14
4.4 Satisfactory Completion of Probationary Period 14
4.5 Unsuccessful Probationary Period 15
4.6 Unsuccessful Promotion, Reinstatement or Reclassification during Probation 15
4.7 Probation Following Layoff 15
ARTICLE 5 - EMPLOYEE LAYOFF PROCEDURES 15
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5.1 Purpose for Layoffs 15
5.2 Abolishment of Position(s) 15
5.3 Layoff Appeal 15
ARTICLE 6 -ATTENDANCE AND LEAVES 16
6.1 Attendance at Work 16
6.2 Automatic Resignation 16
6.3 Hours of Work 17
6.4 Leave of Absence 17
6.5 Military Duty 18
6.6 Vacation Leave 18
6.7 Holidays/Float Hours 19
6.8 Jury Duty. 20
6.9 Bereavement Leave 21
6.10 Family Medical Leave 21
6.11 Sick Leave 21
6.12 Subpoenaed Absence 23
ARTICLE 7-GRIEVANCE PROCEDURE 24
7.1 Matters Subject to Grievance Procedures 24
7.2 Informal Grievance Procedure 24
7.3 Formal Grievance Procedure 24
7.4 Appeal to the City Manager 24
7.5 Extension of Time Limitations 24
7.6 Sexual Harassment Complaint Procedures 25
ARTICLE 8- PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES 26
8.1 Standards of Conduct 26
8.2 Applicability of Discipline 26
8.3 Discretion in Disciplinary Action 26
8.4 Permitted Disciplinary Action 26
8.5 Oral Admonishment 27
8.6 Written Reprimand 27
8.7 Restitution 27
8.8 Brief Suspension without Pay 27
8.9 Longer Suspension without Pay 27
8.10 Dismissal 28
8.11 Reduction in Salary 28
8.12 Demotion 28
8.13 Pre-Disciplinary Procedures for Certain Proposed Actions 28
8.14 Department Head Decision 29
8.15 Appeal of Certain Disciplinary Actions 30
8.16 Method of Appeal 30
8.17 Hearing Process 30
8.18 Employee Status during Pre-Disciplinary Period 31
8.19 Time Limitations 31
8.20 Causes for Disciplinary Actions 31
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ARTICLE 9- DISCIPLINE AND APPEALS PROCEDURE (AT-WILL) 33
9.1 Standards of Conduct 33
9.2 Causes for Disciplinary Actions 33
9.3 Applicability of Discipline 33
9.4 Discretion in Disciplinary Action 33
9.5 Permitted Disciplinary Action 33
9.6 Restitution 34
9.7 Appeal of Disciplinary Actions 34
ARTICLE 10-SEVERANCE PROVISIONS 34
10.1 Key Employees Serve "At Will." 34
10.2 Positions Affected 34
10.3 New Hire/Promotion 34
10.4 Additional Positions May Be Added 34
10.5 Discharge without Need for Articulable Cause 34
1 10.6 Additional Provision: Does Not Supplant Discipline 34
10.7 Procedures for Termination: Severance Benefits 35
ARTICLE 11- MISCELLANEOUS PROVISIONS 35
11.1 Enrollment in Group Insurance Plans 35
11.2 Public Employees Retirement System 37
11.3 Uniform/Equipment Allowance 38
11.4 Uniform Allowance—Police Chief, Deputy Police Chief and Fire Chief 38
11.5 Enrollment in Group Insurance Plans upon Retirement 38
11.6 Wellness Program 39
11.7 Life Insurance 39
11.8 Deferred Compensation 40
11.9 Educational Incentive 40
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ARTICLE 1 - GENERAL CONSIDERATIONS
1.1 Executive, Administrative, Professional, Confidential Provisions. The following
provisions shall apply to all employees designated as Executive, Administrative,
Supervisory, Professional and Confidential. Employees in this category will be determined
by Human Resources by applying the tests as described in the overtime provision of the
Fair Labor Standards Act (FLSA), for executives, administrators and professionals.
Except as otherwise specified herein, all provisions of the Personnel Rules shall apply.
1.2 Employee Activities. During the employee's workday, employees are expected to devote
their full time in the performance of their assigned duties as a City employee. No
employee shall engage in any outside employment, enterprise, or remunerated activity
without the prior approval of their department head or appointing power. At no time
shall any such outside employment or activity be conducted on City time. No employee
shall engage in any outside activity which will directly or indirectly contribute to the
lessening of their effectiveness as a City employee.
1.3 Inconsistent Employee Activities. In making a determination as to the consistency or
inconsistency of outside activities, the department head or appointing power shall
consider, among other pertinent factors, whether the activity:
a. Involves receipt or acceptance by the employee of any money or other consideration
from anyone other than the City for the performance of an act which the employee,
if not performing such act, would be required or expected to render in the regular
course or hours of their City employment as a part of their duties as a City employee;
or,
b. Involves conditions or factors which would be incompatible or in conflict with the
duties,functions or responsibilities of the employee in their regular City employment;
or,
c. Involves the performance of an act in other than their activity as a local agency officer
or employee which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other officer or employee or the
agency by which they are employed; or
d. Involves such time demands as would render performance of their duties as a local
agency officer or employee less efficient; or,
e. Involves the use for private gain or advantage of City time, facilities, equipment and
supplies, prestige, influence, or confidential information of one's City office or
employment; or,
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f. Involves the solicitation of future employment with a business having business
transactions with the City over which the employee has some control or influence in
their official capacity at the time of the transaction.
A decision by the department head can be appealed by submitting a written
explanation to the City Manager within ten (10) business days of a denial.
1.4 Improper Use of City Equipment Prohibited. No City-owned equipment, autos, trucks,
instruments, tools, supplies, machines, badges, identification cards, or other items which
are the property of the City shall be used by an employee except upon prior approval of
the employee's department head or appointing power or designee duly authorized to give
such approval.
An employee has the responsibility to protect and conserve City property and resources
and to use City property only for official business.
1.5 Safety and Health. Each employee shall comply with CAL/OSHA safety laws, rules and
regulations. All employees shall follow safe practices, use personal protective equipment
as required, render every possible aid to safe operations, and report all unsafe conditions
or practices.
No employee shall work, or be permitted to work, at any time when his or her ability to
work is visibly impaired by alcohol, intoxicating liquors, drugs (legal or otherwise), or any
other substance which renders the employee's condition hazardous to themselves or to
others. No employee shall have in his or her possession any intoxicating substance or
illegal drug while on duty.
1.6 Political Activity. Except as necessary to meet Federal law requirements, no restrictions
shall be placed on the political activities of any officer or employee of the City of Cathedral
City other than the following:
a. Use of office, authority or influence to obtain change in position or compensation.
No employee shall directly or indirectly, use, promise, threaten or attempt to use
his office, authority or influence, to secure, or to obstruct or prevent another
person from securing any position, nomination, confirmation, promotion, or
change in compensation or position within the City, upon the condition that his
vote or another's vote, influence or action shall be given or used on behalf of, or
withheld from any candidate, officer, or party, or upon any other corrupt
condition or consideration. (Government Code 3204)
b. Soliciting political funds or contributions from other officers or employees. No
employee shall directly or indirectly solicit political funds or contributions from
other employees of the City. The employee, however, is not prohibited from
communication through the mail or by other means, requests for political funds
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or contributions to a significant segment of the public which may include officers
or employees of the City. (Government Code 3205)
c. No employee shall engage in political activity during working hours nor engage in
political activities on the City premises. (Government Code 3207)
d. No employee of the City may engage, during working hours, in the solicitation or
receipt of 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, civil
service or other working conditions of the employees of the City; nor shall entry
be permitted into the workplace during working hours for those purposes.
(Government Code 3209)
1.7 Criminal Conviction - Ineligibility for Employment. Except as otherwise hereinafter
provided, no person convicted of a felony or misdemeanor involving moral turpitude shall
be eligible for employment in the service of the City; provided, however, that the City
Manager may disregard such conviction if they find and determine that mitigating
circumstances exist such as, but not limited to, evidence of rehabilitation, length of time
elapsed since such conviction,the age of such person at the time of conviction, or the fact
that the classification applied for is unrelated to such conviction.
The City Manager and authorized designees are hereby authorized to have access to the
"State Summary Criminal History Information" as provided for in Section 11105 of the
Penal Code of the State of California, in order to enable the City Manager to fulfill
appropriate duties in the employment, supervision and termination of City employees.
1.8 Smoking. Pursuant to Government Code 7597(a), no public employee or member of the
public shall smoke any product or substance, including electronic variations, inside a
public building, or in an outdoor area within 20 feet of a main exit, entrance, or operable
window of a public building, or in a passenger vehicle, as defined by Section 465 of the
Vehicle Code, owned by the City.
ARTICLE 2 - MANAGEMENT RIGHTS
2.1 Management Rights. The City of Cathedral City retains all its exclusive rights and
authority under State law, and expressly and exclusively retains its management rights
which include, but are not limited to:
a. the exclusive right to determine the mission of its constituent departments,
commissions, boards, etc.;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and
promotions;
d. direct its employees;
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e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack
of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers of kinds of personnel by which
government operations are to be conducted;
i. determine the content and intent of job classifications;
j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or
technology to be used;
I. determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work by
which the City operations are to be conducted;
m. determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to,the right to contract for or subcontract any work or operations of the City;
n. assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments
upon reasonable notice;
o. establish and modify productivity and performance programs and standards;
p. discharge, suspend, demote, reprimand, withhold salary increases and benefits or
otherwise discipline employees in accordance with applicable law;
q. establish employee performance standards including, but not limited to, quality and
quantity standards, and to require compliance therewith;
r. take all necessary actions to carry out its mission in emergencies; and
s. exercise complete control and discretion over its organization and the technology of
performing its work.
The exercise by the City through its Council and management representatives of its rights
shall not in any way, directly or indirectly, be subject to the grievance procedure.
ARTICLE 3 - COMPENSATION
3.1 Preparation and Adoption of Salary Plan. The Human Resources Manager/Director shall
be responsible for recommending a Salary Plan including wage rates and salary ranges
covering all classes of positions approved by the City Manager. Before the Salary Plan
shall become effective, it shall be approved by the City Council. After the Salary Plan is
adopted no position shall be assigned a salary higher than the maximum or lower than
the minimum salary provided for that class of position unless the salary range for the class
is amended in the same manner as herein provided for its adoption.
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3.2 Salary Increases. Salaries will be increased by the following amounts on the first full pay
period following the effective date:
a. No cost-of-living year 1 (July 1, 2022)
b. 3% effective the first full pay period following July 1, 2023
c. 3% effective the first full pay period following July 1, 2024
Additionally, the city will provide a $15,000 one-time, non-Persable supplemental pay on
June 28, 2022,to regular full-time employees covered by these regulations subject to the
following:
• The employee must be employed by the City at the time of ratification.
• Employees who have left the City before ratification will not receive the bonus;
• Employees on probation and/or less than 6-months of active service from their
hire date must wait to receive the bonus until after successfully completing these
requirements.
3.3 Salary Plan Structure. Where a range is assigned, each range shall consist of eight steps.
Each of the steps through Step 5 is approximately five percent (5%) higher than the
preceding step. Steps 6 through 8 are approximately two and one-half percent (2.5%)
higher than the preceding step. Each of the steps is referred to as a merit increase step.
3.4 Salary Advancement/Longevity- Full-time Employees. Except as otherwise provided in
this Article, full-time employees may be considered for an increase in salary according to
the following rules:
3.4.1 Advancement to a next higher merit increase step may be made after a 12-
month interval from the hire date or by exception approved by the City
Manager or their designee, or date of last increase in subsequent years for
continued satisfactory and efficient service.
3.4.2 Consideration for approximately 5% merit steps may occur every twelve
months until Step 5 has been reached. Thereafter, merit increase
consideration may occur every two (2) years for a total of three (3)
approximately 2.5% increases. Any such advancement shall be granted only
as a result of a written evaluation of continued meritorious and efficient
service and continued improvement by the employee in the effective
performance of the duties of their position.
3.4.3 Advancement to the next higher merit increase step shall not be automatic.
Such salary increase or denial of salary increase shall require the specific
recommendation, through a performance evaluation, of the employee's
department head and the approval of the Human Resources Manager. Merit
increase steps shall take effect on the employee's merit increase step review
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date unless the department head has prepared and notified the affected
employee of a denial of the merit increase step prior to the merit increase step
review date. When an employee is denied an increase, they may be
reconsidered for such advancement at any subsequent time with a satisfactory
performance evaluation.
3.4.4 Whenever an employee is promoted, reclassified to a higher class or receives
a special merit increase,then the next merit increase consideration shall be 12
months from the effective date of the action.
3.4.5 Longevity Increments.
A. Tier 1 - Longevity Increments. Employees Hired Prior to July 1, 2022, the
City shall provide an additional 7.5% increment to non-represented
employees after fifteen (15) years of service, 5.0% after twenty (20) years
and 2.5% after twenty-five (25) years of service with the City.
B. Tier 2 - Longevity Increments. Employees hired by the city on or after July
1, 2022,will be eligible for a one (1)time supplemental lump sum payment
of their current annualized base pay to include stipends based on the
following table:
a. 15 years of service: One-time payment of 7.5%the annual regular
rate of pay
b. 20 Years of service: One-time payment of 5%the annual regular
rate of pay
c. 25 Years of Service: One-time payment of 5%the annual regular
rate of pay
3.5 Salary upon Promotion. All employees who are promoted to an open position in a class
with a higher salary range shall be placed on Step 1 in the new higher range or placed at
the step which is a salary increase of approximately 5% base for the employee, not to
exceed the highest step of the new range. The employee's merit review date shall change
to the effective date of the promotion for consideration in subsequent years.
When economic conditions, unusual employment conditions or exceptional qualifications
of a candidate for promotion indicate that a higher step would be in the City's best
interests, upon written recommendation of the department head, the City Manager may
authorize payment of salary at a higher step in the salary range.
3.6 Salary upon Demotion. Any employee who is demoted through procedures in Article 5
or 8 may be placed at a lower step, or may be placed at a step in a lower range or may be
placed at Step "Y" which is equal to the employee's current salary step. The employee's
merit review date shall not change.
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An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position
is assigned to a salary range in which the highest step is equivalent to or higher than the
Step "Y," at which time the employee shall be placed in the next highest step. Such
employee shall not receive salary adjustments until such time as Step "Y" is less than the
highest step of the salary range of the employee's classification.
3.7 Salary upon Reinstatement. An employee who resigns in good standing may, within one
year of such resignation and upon recommendation of the department head and approval
of the City Manager, be reinstated in a position in the class in which the employee had
previously served, subject to an available budgeted position. Upon such reinstatement,
the employee shall not receive higher than the step in the salary range the employee
previously received prior to the employee's separation. The employee shall be given a
new hire date for purposes of benefits and seniority.
3.8 Salary upon Transfer. Any employee who is transferred from one position to another
position in the same class, or to another position in a class having the same salary range,
shall be compensated at the same step in the salary range as the employee previously
received. The employee's merit review date shall not change.
3.9 Salary upon Position Reclassification. When an employee is reclassified to a lower
classification, the employee shall retain their rate of pay and their merit review date or
shall be placed in the step of the lower salary range closest to the employee's salary rate.
If the top step of the lower salary range of the lower job class is lower than the employee's
salary rate,the current salary step shall be identified as Step "Y"of the lower salary range.
An employee receiving a Step "Y" because of a downward reclassification shall remain in
the Step "Y" until such time as their job is assigned to a salary range in which the highest
step is equivalent to or higher than the Step "Y," at which time the employee shall be
placed in the next higher step. Such employee shall not receive annual salary adjustments
until such time as Step "Y" is equivalent to or less than the highest step of the salary range
of the employee's reclassified position. When an employee is reclassified to an equivalent
classification,the employee shall retain their salary rate and merit review date. When an
employee is reclassified to a higher classification, the employee shall be placed on Step 1
in the new higher range or placed at the step which is a minimum 5% base salary increase
for the employee, not to exceed the top step of the new range. The employee's merit
review date shall change to the effective date of the reclassification for consideration in
subsequent years.
3.10 Special Salary Adjustments. The City Manager or a department head may recommend in
writing to raise an employee's salary step to a higher step prior to the eligibility times
specified in Article 3.4 so as to recognize meritorious service, advanced educational
achievements or other extraordinary attributes related to the employee's public service.
Such increased compensation is subject to the approval of the City Manager and the
availability of budgeted funds. The employee's merit review date shall change to the
effective date of the special increase.
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3.11 Overtime. A department head may require a non-exempt employee to work beyond the
employee's regular hours of employment. If the employee works in excess of forty (40)
hours in a work week, such employee shall be paid at one and one-half(1-1/2)times the
employee's regular rate of pay. Paid time off (vacation leave, sick leave, float, holiday
etc.) is not considered time worked for purposes of calculating overtime.
3.12 Compensation for Temporary Assignment to Higher Classification. In the event an
employee is temporarily assigned to a higher classification by a department head, with
the approval of the City Manager, may grant a five percent (5%) stipend of their base rate
of salary for working in an assignment in a higher classification. Working at a higher
classification shall mean that the employee is performing a significant part of the duties
of a position in a higher salary range. Employees will begin to receive the adjusted
compensation on the first day they work in a higher classification.
Generally, employees may not be assigned to work in a higher classification for longer
than six (6) months. However, an extension of this time may be approved in writing with
the concurrence of the Department Head and the Human Resources Manager for up to
an additional six (6) months, for a total term of twelve (12) months.
To the extent permitted by law (2 CCR section 571), compensation for working at a higher
assignment shall be reported to CaIPERS as a special compensation for Classic CaIPERS
members.
Compensation for temporary assignment to a higher classification does not extend to
cash outs.
3.13 Compensation for Layoff. An employee who is terminated from the service of the City as
a result of a layoff shall be paid for accrued leaves in compliance with Article 6.11 of these
Rules. Accrued sick leave, except sick leave cashed out as provided in Article 6.11, shall
be restored to an employee if the employee is reemployed within one year. Should an
employee be reemployed in the formerly held position, the employee shall be placed at
the same salary step as when the layoff occurred. No credit shall be received toward a
step increase or seniority during the period of layoff.
Employees who have attained regular status at the time of layoff and who are reemployed
within a period of one year shall retain their assigned anniversary dates. Regular
employees who are reemployed after a period of one year shall be given a new hire date
for purposes of benefits and seniority.
3.14 Compensation During Suspension. An employee who is suspended with pay under the
pre-disciplinary procedures of Article 8 shall be paid that salary the employee was entitled
to prior to the suspension. An employee who is suspended without pay under the
disciplinary procedures of Article 8 shall not be paid for those specific days of suspension.
Additionally, an employee suspended without pay shall not accrue sick leave, vacation,
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seniority and other benefits during a suspension of more than 15 working days, except
that health and life insurance benefits will be maintained.
3.15 Salary Upon Voluntary Demotion. At the discretion of the City Manager, any employee
who elects to take a voluntary demotion may be placed at a lower step, or may be placed
at a step in a lower range or may be placed at Step "Y" which is equal to the employee's
current salary step. The employee's merit review date shall not change.
An employee receiving Step "Y"shall remain in the Step "Y" until such time as the position
is assigned to a salary range in which the highest merit increase step is equivalent to or
higher than the Step "Y" at which time the employee shall be placed in the next higher
merit increase step. Such employee shall not receive salary adjustments until such time
as Step "Y" is equivalent or less than the highest step of the salary range of the employee's
position.
3.16 Bilingual Services Compensation. Employees who have the ability to fluently converse in
Spanish or a City-Manager-approved second language may be designated as a bilingual
employee required to use their skills as a part of their City employment. This designation
must be made by the appropriate department head and approved by the City Manager
or designee. An employee who fails the assessment test may re-take the test every six (6)
months. The basis for qualifying for such compensation, and the procedures for the
granting of the same shall be in accordance with administrative regulations approved by
the Human Resources Manager.
A. Tier 1 — Employees hired prior to July 1, 2022. Designated employees shall receive a
stipend of 2.5% per pay period.
B. Tier 2- Employees hired on or after July 1, 2022,who become eligible for bilingual pay
shall receive one hundred dollars ($100) per month for bilingual pay.
Employees on any form of leave time in excess of 30 consecutive calendar days shall be
deemed not to be using their bilingual skills on a regular basis and shall be ineligible to
receive bilingual pay until the employee returns to duty.
The parties agree that to the extent permitted by law(2 CCR section 571 and 2 CCR section
571.1) bilingual pay shall be reported to CaIPERS as special compensation or pensionable
compensation.
3.17 Mileage. Reimbursement for personal vehicle use shall be prevailing IRS rate.
3.18 Car Allowance. The decision as to which employees require use of an automobile in the
normal course of conducting City's business shall remain within the discretion of the City
Manager.
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Designated employees will be compensated two hundred dollars ($200) stipend per
month as transportation allowance. Employees shall be responsible for maintaining and
paying for liability insurance as required by law and for all their automobile's operating,
maintenance and repair costs.
Employees on any form of leave time in excess of 30 consecutive calendar days shall be
ineligible to receive car allowance pay until the employee returns to duty.
3.19 Smartphone Stipend. The decision as to which employees hold positions that include
the need for a smartphone shall remain within the discretion of the City Manager.
Employees whose job duties include the frequent need for a smartphone may receive$55
dollars a month to compensation for business-related cost incurred when using their
individually owned smartphone. Such reimbursement shall be taxable as compensation.
3.20 Certification and Education Incentives.
A. Tier 1—Employees hired prior to July 1, 2022. An employee who possesses a Master's
degree in a field related to that employee's duties and responsibilities with the City,
shall be compensated with a five percent (5%) stipend.
B. Tier 2 - Employees hired on or after July 1, 2022. An employee who possesses a
Master's degree in a field related to that employee's duties and responsibilities with
the City shall be compensated with a 2.5% stipend.
3.21 Certification Incentives for Police Chief. A Police Chief who possesses a POST Executive
Certificate shall be compensated with a five percent (5%) stipend.
3.22 Restitution. An employee may be required in a manner approved by the City Manager
under the provisions of Article 8 to provide restitution to the City of Cathedral City for
willful, reckless, wanton, malicious destruction or loss of City property.
3.23 Correcting Errors in Salary Rate or Other Provisions. Should an employee be advanced
to a higher step in the salary range for their class than that for which they were
recommended, or receive additional pay than that authorized,or accrue leaves or receive
other benefits through error, such error shall be corrected immediately following its
discovery. Reimbursement to the City by the employee of the overpayment caused by
said error shall be made by one of the following methods or a combination thereof:
a. Application of accrued compensatory time off for overtime service;
b. Application of compensatory time off for overtime service earned during the time
immediately following the date of the discovery of said error;
c. Application of the increase in the employee's salary following their next merit or
longevity merit salary increase; or
d. Any other method mutually agreed to.
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Determination of which one or combination of the above methods of reimbursement
should be used shall be made by the department head in consultation with the affected
employee, subject to the approval of the City Manager or their designee, and subject to
the grievance procedures of Section 8. Should the employee terminate before full
reimbursement to the City has been made the money required to complete
reimbursement shall be deducted from their last paycheck, if authorized by law.
However, the City shall not collect for any period earlier than an overpayment for the
preceding twelve (12) months from discovery. Other salary overpayments shall be
reimbursable under the procedures and guidelines set forth in this Article. (See California
State Employees' Assoc. v. California, 198 Cal App3rd 374 (1988))
ARTICLE 4- PROBATION
4.1 Full-Time and Part-Time Employees' Probation. The probationary period for all regular
employees covered by these Rules, except "at-will" employees as defined in Article 10,
shall be the first six (6) months of employment or 1040 working hours. Part-time
employees who work less than twenty (20) hours and non-classified employees serve at
the pleasure of the appointing authority and therefore do not have a probationary period.
4.2 Probation on Promotion, Reinstatement or Reclassification. On accepting a promotion,
reinstatement or reclassification to another class,an employee serves a new probationary
period of six (6) months or 1040 working hours. A promotion, reinstatement or
reclassification will not be considered a regular appointment until the successful
completion of this probationary period.
Employees who are reclassified or promoted prior to completing a probationary period in
a lower classification will have the time in the higher classification count for the lower
classification in order for the probationary period to be concluded in that class if at least
four (4) months have been completed at the time of the change.
Prior service with the City does not count towards the probationary period upon rehire.
4.3 Objective of Probationary Period. The work and conduct of probationary employees
shall be subject to close scrutiny and evaluation. The probationary period shall be
regarded as a part of the training and examination process and shall be used for securing
the most effective adjustment of a new employee to a position. Individuals employed
under City public employment programs, specially funded programs or contracts shall be
subject to the probationary provisions of these Rules should they be appointed to a
position in the classified service.
4.4 Satisfactory Completion of Probationary Period. If a probationary employee's probation
period has been satisfactory and advancement to regular status is warranted, the
department head shall so recommend on a performance evaluation, submitted to the
Human Resources Manager.
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4.5 Unsuccessful Probationary Period. If a probationary employee's probation period has
not been satisfactory, it shall be so stated in a performance evaluation. The City Manager,
by signing a Personnel Action Form, may authorize the dismissal of the employee. A
probationary employee may be dismissed at any time without cause and without the right
of appeal or grievance unless otherwise required by law. Notification of dismissal shall
be in writing and shall be given to the probationary employee prior to the dismissal unless
otherwise required by law.
4.6 Unsuccessful Promotion, Reinstatement or Reclassification during Probation. If a
probationary employee's performance following a promotion, reinstatement or
reclassification has not been satisfactory, it shall be so stated in a performance evaluation.
In cases involving a promotion,the employee shall return to a vacant position in the class
from which the employee was promoted unless said regular employee is otherwise
disciplined pursuant to and in accordance with the provisions of Article 8 herein. In cases
involving reinstatement, the City Manager, upon receipt of a performance evaluation,
may authorize the dismissal of the employee under the provisions of Article 4.
4.7 Probation Following Layoff. Employees laid off while on probation must serve a new
probationary period following reemployment.
ARTICLE 5 - EMPLOYEE LAYOFF PROCEDURES
5.1 Purpose for Layoffs. For reasons of economy,of efficiency,or in the interest of the public,
reductions or curtailments of City services may be required.
5.2 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a
list of those positions to be abolished in each department. For each affected department,
the City Manager shall assemble a list of those employees within the classification
designated for a position abolishment. Such list shall be forwarded to the appropriate
department head. The department head shall prepare a list establishing the order of
employee layoffs within a classification. The department head shall determine the
individual layoff ranking of each employee based upon official personnel records and/or
operational needs of the department. In this order temporary, interim and probationary
employees shall be laid off prior to the layoff of any regular employee within the same
classification in the department.
5.3 Layoff Appeal. A regular employee shall have the right to request an appeal hearing.
Such request must be made in writing to the City Manager within ten (10) calendar days
after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on
the appeal within ten (10) calendar days after receipt of the appeal.
The scope of the appeal shall not include such issues as the need for layoff, the reasons
for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of
other City prerogatives involved in layoff. The issues of such appeal shall be limited only
Non-Rep I May 2022 15 I Page
to whether or not there was substantial compliance with the procedures for layoffs and
the established order of departmental layoff within a classification.
ARTICLE 6 -ATTENDANCE AND LEAVES
6.1 Attendance at Work. Employees shall be in attendance at their work in accordance with
the rules regarding hours of work, holidays and leaves. All departments shall keep daily
attendance records of employees which shall be reported to the Finance Director in the
form and on the dates they shall specify. Failure on the part of an employee absent
without leave to return to duty within 48 hours after a due notice to return to work has
been delivered shall be cause for immediate dismissal. A letter delivered to the
employee's last known address via certified, registered, overnight or other traceable
means shall be deemed reasonable notice.
6.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary, for
five (5) consecutive working days is an automatic resignation from City employment as of
the last date on which the employee worked. Any employee who fails to report for work
within forty-eight (48) hours after delivery of a notice as specified in Section 6.1 who, by
the expiration of the forty-eight (48) hours has missed or will have missed five (5) or more
consecutive working days, shall also be deemed to have resigned from City employment
as of the last date on which the employee worked. Upon a determination by the
department head or Human Resources Manager that such an absence has occurred and
that the employee has resigned, notice of the deemed automatic resignation and of the
employee's right to request reinstatement for good cause upon timely request shall be
sent by ordinary first class mail or by certified mail, or both to the employee at his or her
last known address. An employee who has been deemed to have automatically resigned
in accordance with the terms of this Section shall have fifteen (15) calendar days after the
date of mailing of such notice within which to request reinstatement. Request for
reinstatement must be made in writing and must be received by the City within fifteen
(15) calendar days of the date of mailing of the notice. Request for reinstatement may
be made within ninety (90) calendar days after the effective date of the deemed
resignation if the notice specified above was not sent to the employee in the manner
specified in this Section. Reinstatement shall be granted only if the employee makes a
satisfactory explanation to the department head as to the cause of his or her absence and
as to the reason for his or her failure to obtain leave therefor. Evidence that the employee
reasonably believed leave had been granted shall justify reinstatement. To order
reinstatement, the department head shall find that the employee is ready, able and
willing to resume the performance of the duties of the employee's former position or, if
not able to immediately resume such duties,the department head may consent to a leave
of absence to commence upon reinstatement. An employee so reinstated shall not be
paid salary for the period of his or her absence or separation or any portion thereof.
Denial of reinstatement shall be subject to appeal under the procedures specified in
Section 9.7. In determining the employee's rights under all the circumstances, the City
Manager or hearing officer shall be guided by Government Code Section 1996.2 and case
Non-Rep I May 2022 16 I P a g e
law related thereto, including Phillips v. California State Personnel Board (1986) 184 Cal.
App. 3d 651, 229 Cal. Rptr. 502, and in such appeal the City shall have the burden to
establish that the absence was in fact unauthorized and that the department head
reasonably believed the employee had abandoned his or her employment.
6.3 Hours of Work. Daily hours of work(or shifts)for employees within departments shall be
assigned by department heads as required to meet the operational requirements of said
department. Any foreseeable absence or deviation from regularly scheduled working
hours desired by an employee shall be cleared in advance through the employee's
department head, and such absences shall be noted on the employee's time sheet.
Unless otherwise authorized by the City Manager, City Hall offices shall be kept open for
regular business on all days of the year except Saturday, Sunday and holidays approved
by Council. Employees for whom necessity requires a different regular work schedule
than that generally applied shall work according to a work schedule approved by the
employee's department head.
6.4 Leave of Absence. The City Manager, with the concurrence of the affected department
head, may grant a regular employee a leave of absence for a period not to exceed one
year. No such leave shall be granted except upon written request of the employee setting
forth the reason for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position
held at the time leave was granted, subject to the conditions of the leave or as provided
by State and/or Federal laws. Failure on the part of an employee on leave to report
promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of
a certified letter addressed to the employee's last known place of address shall be
reasonable notice of dismissal for failure to return to work.
Such a leave shall generally be without pay, provided that the City Manager shall have
discretion to grant pay for the first 15 consecutive work days. Any employee on an
approved unpaid leave of absence shall receive no vacation or sick leave accruals after 15
consecutive work days. City contributions to retirement, health and medical plans shall
be suspended until the employee is reinstated. An employee who is on unpaid leave of
absence shall be responsible for reimbursing the City for any payroll deductions that the
employee has authorized. An employee reinstated after a leave of absence shall receive
the same step in the salary range the employee received when the leave of absence
began. Time spent on such leave shall not count towards service for merit step increases
within the salary range or for benefit accruals. The employee's merit review date shall be
set forward in time one month for each thirty (30) consecutive calendar days taken. The
employee shall retain accumulated vacation credits, sick leave credits, and other similar
credits; however, such credits or seniority shall not accrue to a person granted such leave
during the period of absence. When an employee is granted a leave of absence without
pay, the City shall discontinue payment of medical, health and other similar insurance
Non-Rep I May 2022 17 I P a g e
premiums for the employee and dependents, except when continuation of these benefits
is required under Federal or State law. At the time the employee requests a leave of
absence, the employee may make satisfactory arrangements with the Finance
Department for payment of the insurance premiums, provided that such a continuation
of coverage is authorized by the City's contract for medical and other similar insurance.
6.5 Military Duty. Military leave of absence shall be granted in accordance with the state and
federal law. All employees entitled to military leave shall give the department head or
City Manager an opportunity, within the limits of military regulations,to determine when
such leave shall be taken. Compensation for such purposes shall be equal to the
difference between the employee's base City salary and their military pay together with
the employee's health benefit allowance for up to six months in any one military duty
activation.
6.6 Vacation Leave. All employees having a work week of forty (40) hours, unless otherwise
provided by the City Council, shall accrue vacation leave credits according to the following
schedule:
DEPARTMENT HEADS AND OTHER DESIGNATED AT-WILL EMPLOYEES:
Hours/ Hours/
Pay Period Year
Less than 2 years employment 7.38 192
2 years to 6 years 8.31 216
6 to 10 years 9.23 240
More than 10 years 10.15 264
ALL OTHER NON-REPRESENTED EMPLOYEES:
Hours/ Hours/
Pay Period Year
Less than 2 years employment 5.54 144
2 years to 6 years 6.46 168
6 to 10 years 7.38 192
More than 10 years 8.31 216
6.6.1 Vacation Leave Accumulation.
Employees are encouraged to use their accrued vacation leave annually.
A. Tier 1 - Employees hired prior to September 1, 2016, are allowed to
accumulate vacation leave credits. If employees do not take all their vacation
leave accrued in one calendar year,they may carry over those unused vacation
hours over to succeeding calendar years.
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B. Tier 2—Employees hired on or after September 1, 2016, shall accrue no more
than three times their annual vacation leave allotment. No additional vacation
leave hours shall be added to their vacation bank until accrued hours fall below
the three-year accrual maximum (cap).
6.6.2 Vacation Leave Cash Out. Employees may receive cash payment for accrued and
unused vacation leave. On a quarterly basis, upon a two (2)-week prior written
request, an employee may cash out unused vacation leave.
6.6.3 Part-Time Employees. Part-time regular employees shall be entitled to vacation
leave credits if they work 20 hours or more per week, in which case they shall
receive vacation credits on a pro-rata: 20 hours is 50%; 30 hours is 75%; 32 hours
is 80% basis with carry-over privileges not to exceed three times their allotment.
No additional vacation leave hours shall be added to their bank until accrued hours
are depleted below the cap.
Part-time employees working less than 20-hours a week will receive statutory
benefits only.
6.6.4 Holidays or Illness within Vacation Leave Period. Holidays falling during an
employee's vacation leave shall not be considered as part of the employee's
vacation leave and shall not be charged against vacation leave credits. Illness
during vacation leave shall not be considered as sick leave, unless confirmed by a
physician's statement and approved by the Human Resources Manager.
6.6.5 Vacation Credits When Employment Terminates. Upon termination of
employment, an employee shall be paid for unused vacation leave credits.
6.6.6 Effect of Absence on Vacation Leave Crediting. Absence due to sick leave or other
approved leave of absence will not affect computations for vacation leave credits
unless such absences exceed one (1) month, in which case the time of any unpaid
absence shall be excluded from computation.
6.7 Holidays/Float Hours.
6.7.1 Holidays: The public offices of the City of Cathedral City shall be closed on the
dates set forth in the approved Annual Holiday Council Resolution. If the holidays fall on
the employee's regular day off, the value of the holiday will be credited as a floating
holiday.
6.7.2 Floating Holiday: In addition to the holidays, employees shall be credited with
floating holiday hours with the first additional hours credited on January 1, the second
credited on July 1, and the third credited on September 1 to bring the total combined
hours of the holidays and float hours to 144 per calendar year for all employees.
Non-Rep I May 2022 19 ( P a g e
a. Effective January 1, 2023, Floating Holidays shall be credited with the
remaining holiday hours twice a year on January 1 and July 1 to bring a total
combined hours of holiday and float hours to 144 per calendar year for all
employees.
6.7.3 Floating Holiday Accrual Limit
Tier 1 — Employees hired prior to September 1, 2016, are allowed to accumulate
floating holiday hours and may carry over those unused float hours to succeeding
calendar years.
Tier 2-Employees hired on or after September 1,2016. are allowed to accumulate
floating holiday hours during a given fiscal year; however,the float hours shall not
be carried over into a subsequent fiscal year. Any float hours remaining in an
employee's bank shall be cashed out through payroll processing in the second
paycheck of June of each year.
6.7.4 Cashing Out of Float Hours. There shall be no limit on the number of times per
year an employee may cash out float hours.
6.7.5 Part-time Employees. Part-time regular employees shall be paid for holidays on a
pro-rata basis if they are employed 20 hours per week or more, 20 hours is 50%;
30 hours is 75%; 32 hours is 80%.
Part-time employees working less than 20-hours a week will receive statutory
benefits only.
6.7.6 Holidays - Time Off or Extra Pay- Generally. Employees shall be allowed time off
with pay for one work shift at the employee's straight time hourly rate for any
holiday provided in these Regulations unless required by the department head or
City Manager to work in order to maintain City services. Non-Exempt employees
required to work shall be paid extra compensation of time and one half for the
hours worked.
6.8 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of
the Summons to the department head. The employee may be absent from duty with pay
for time required to be away from the employee's regularly scheduled work hours. An
employee who is released by the court from jury duty on any regularly scheduled workday
shall return to work to complete any remaining portion of regularly scheduled work hours
unless otherwise excused by the department head. The employee shall be entitled to
retain juror fees as reimbursement for expenses associated with jury duty. Those
employees who work shifts slightly off the normal jury duty scheduled will have their
shifts adjusted to match that of jury duty.
Non-Rep I May 2022 20 1Page
6.9 Bereavement Leave. An employee is entitled to a leave of absence on account of the
death of a member of their immediate family, not to exceed three (3) workdays. No
y, y
deduction shall be made from the salary of the employee, nor shall leave be deducted
from other leaves granted by other provisions of these Rules.
a. An employee's immediate family shall consist of the employee's spouse/domestic
partner, children, the employee's or spouse/domestic partner's mother, father,
brother, sister, grandparents, grandchildren and legal guardians.
b. Employees may use up to three (3) days of sick leave due to the death of a family
member not defined above.
c. Additionally, employees may utilize sick leave or paid time off if additional leave
is needed due to the death of a family member as defined under Section (a)above.
d. Domestic partner as used in this Section is defined by law.
6.10 Family Medical Leave. Family-related medical leave shall be granted in accordance with
Federal and State law, and resulting administrative provisions developed by the City.
6.11 Sick Leave. An employee may use accrued sick leave for illness of the employee or
physical incapacity of the employee or for physical examinations, including eyes, dentist
appointments or other commonly accepted health related matters.
All regular full-time employees shall be credited with 3.69 hours of sick leave per pay
period, or major fraction thereof. Part-time regular employees who work 20 hours or
more accrue on a pro rata basis. (20 hours is 50%; 30 hours is 75%; 32 hours is 80%)
If an absence because of illness or disability extends beyond three (3) consecutive
workdays, the employee may be required to submit a physician's written certification of
illness before the employee is eligible to receive sick leave pay. Subsequently the
employee must submit a physician's return-to-work certification prior to their return to
work. If an absence because of illness or disability extends beyond one workweek, the
employee must file for a Family Care and Medical Leave.
Observed holidays occurring during sick leave shall not be charged against an employee's
accrued sick leave.
In the event that an employee uses all the sick leave they have accrued, they shall have
other paid time off they accrued deducted for each hour they are absent due to illness.
Paid time off hours shall continue to be deducted until the employee either returns to
work or all of accrued leave hours are exhausted. The employee may apply to be granted
a leave of absence without pay if the employee does not have any credited paid time off
or sick leave available.
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6.11.1 Sick Leave Accrued Limit and Payoff.
a. Tier 1 - Employees hired prior to September 1, 2016. Any unused portion of
accumulated sick leave may be carried over into the next calendar year
provided, however, that an employee's accumulated sick leave may not
exceed 960 hours of unused sick leave. Further accumulation shall not be
allowed. To encourage attendance at work and discourage the frivolous use
of sick leave, however, employees with continuous employment of three (3)
years or more may receive a cash payment for unused sick leave at the time
of separation or retirement according to the following schedule:
At 3 yrs. continuous employment 25% cash payment for unused hours;
At 5 yrs. continuous employment 50% cash payment for unused hours;
At 7 yrs. continuous employment 100% cash payment for unused hours.
Accrued sick leave hours in excess of 960 shall be cashed down to 960 hours in
November of each year.
Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee
is entitled upon request to payment for accumulated sick leave in excess of three
hundred eighty (380) hours. Payment shall be at base salary rate.
b. Tier 2 - Employees hired on or after September 1, 2016. There shall be no
limit on the number of sick leave hours employees may accrue. Upon
separation, with completion of five (5) years of service with the City,
employees may cash out up to 25% of sick leave hours. Payment shall be at
base salary rate. Such employees, upon retirement from the City, may apply
all accrued sick leave hours to CaIPERS service credit conversion, or may cash
out up to 25% of sick leave hours.
6.11.2 Conversion of Sick Leave to Vacation.
a. Tier 1 - Employees Hired Prior to September 1, 2016. Employees with at least
two (2) years employment with the City may at their option convert accrued
sick leave in excess of one hundred twenty (120) hours to vacation days
according to the following schedule:
Continuous Employment Sick Leave to Vacation Conversion
2 years 4 hours to 1 hour
5 years 2 hours to 1 hour
10 years 1 hour to 1 hour
b. Tier 2 - Employees Hired on or After September 1, 2016. There shall be no
conversion of sick leave hours to vacation leave.
Non-Rep I May 2022 22
6.11.3 Effect of Absence on Sick Leave. Absence due to sick leave or other approved
leave of absence will not affect computations of sick leave unless such absence
exceeds one (1) month in unpaid status, in which case that month or more shall
be excluded from computation.
6.11.4 Family Illness Leave. If an employee requests to be absent from duty because of
illness in the employee's immediate family, which requires the employee's
attendance, the department head may approve use of the employee's accrued
sick leave not to exceed the equivalent of one-half of the employee's annual sick
leave accrual amount (i.e., 48 hours) per Labor Code 233. When absence due to
illness in the employee's immediate family extends beyond one work week, the
employee must file for a Family Care and Medical Leave. The immediate family is
defined as mother, father, brother, sister, spouse, domestic partner, children,
grandparents, grandchildren, in-laws and legal guardians.
6.12 Subpoenaed Absence. An employee other than safety personnel who is subpoenaed or
required to appear at a deposition or in court as a witness may receive the employee's
regular pay during the absence if, in the opinion of the City Manager, the serving as a
witness is deemed to be in the best interests of the public, provided the employee remits
to the City all witness fees. Paid leave of absence shall not be granted when the time
spent in court is for personal reasons or gain.
6.12.1 Subpoenaed Absence - Sworn Public Safety Personnel. City public safety
personnel who are subpoenaed (re: G.C. 68097.1-2) to attend as a witness shall
receive the salary or other compensation to which they are normally entitled from
the City during the travel time to and from the place where the court or other
tribunal is located and the time they are required to remain at such place pursuant
to such subpoena. Travel expenses shall be reimbursed by the City for the actual,
necessary and reasonable travel by complying with such subpoena.
The party at whose request such subpoena is issued shall reimburse the City for
the full cost incurred in paying the safety personnel their salary or other
compensation and traveling expenses as provided for in this section for each day
that such safety personnel is required to remain in attendance pursuant to such
subpoena. The amount of one hundred fifty dollars($150)shall be deposited with
the clerk of the court or with the tribunal prior to the issuance of a subpoena
pursuant to this section for each day.
The City shall provide a detailed billing to the clerk of the court. If the actual
expenses should later prove to be less than the amount deposited, the excess of
the amount deposited shall be refunded. If the actual expenses should later prove
to be more than the amount deposited, the difference shall be paid to the City by
the party at whose request the subpoena is issued.
Non-Rep i May 2022 23 1 Page
If a court continues a proceeding on its own motion, no additional deposit may be
required prior to the issuance of a subpoena or the making of an order directing
such safety personnel to appear on the date to which the proceeding is continued.
ARTICLE 7 -GRIEVANCE PROCEDURE
7.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee
that the employee has been adversely affected due to a misinterpretation or
misapplication of these regulations.
7.2 Informal Grievance Procedure. Every effort shall be made to resolve a grievance through
discussion between the employee and/or the employee's designated representative, and
the employee's immediate supervisor. If, after such discussion, the employee does not
feel that the grievance has been satisfactorily resolved,the employee shall have the right
to discuss the matter with the supervisor's superior, if any, within the department
organization. Otherwise,the employee shall have the right to discuss the matter with the
department head.
7.3 Formal Grievance Procedure. If the employee is not in agreement with the decision
rendered in the informal grievance procedure, an employee shall have the right to
present a formal grievance in writing to the department head within ten (10) calendar
days after the occurrence of the incident in the grievance. The department head shall
schedule a meeting with the employee and/or the employee's designated representative
within ten (10) calendar days after the department head's receipt of the written
grievance. The department head shall review the grievance and render a decision in
writing and return it to the employee and/or the employee's designated representative
within ten (10) calendar days after meeting with the employee.
7.4 Appeal to the City Manager. If the employee does not agree with the decision reached
by the department head, the employee may present an appeal in writing to the City
Manager within ten (10) calendar days after the employee's receipt of the department
head's decision. The appeal shall be signed and delivered to the Human Resources
Manager who shall set a meeting within ten (10)calendar days with the City Manager and
the employee and/or the employee's representative to discuss the grievance. Within ten
(10) calendar days of the meeting the City Manager shall deliver a copy of the decision to
the employee and/or the employee's representative and the department head. The
decision of the City Manager shall be final and shall not be appealable to the City Council.
7.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure
may be extended by mutual written agreement between the City and the employee.
Non-Rep I May 2022 24 I P a g e
7.6 Sexual Harassment Complaint Procedures.
7.6.1 Definition of Sexual Harassment. Sexual harassment includes, but is not limited
to:
Verbal Harassment - For example, epithets, derogatory comments or slurs on the
basis of sex.
Physical Harassment - For example, assault, impeding or blocking movement or
any physical interference with normal work or movement when directed at an
individual on the basis of sex.
Visual Forms of Harassment - For example, sexual photographs, posters, notices,
bulletins, cartoons or drawings.
Sexual Favors- Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature which is conditioned upon an
employment benefit, unreasonable interference with an individual's work
performance or creates an intimidating, hostile or offensive work environment.
An employee subjected to sexual conduct he or she deems inappropriate is
expected to make clear to any person causing such concern that the conduct is
unwelcome.
7.6.2 Policy. The policy of the City is that complaints of sexual harassment be presented
through this Sexual Harassment Complaint Procedure in the interests of
protecting the reputation and privacy of the individual bringing the complaint and
of the individual(s) about whom the complaint is made.
7.6.3 Procedure. The employee should report facts dealing with an alleged incident or
incidents of sexual harassment to the Human Resources Manager/Director or to
the employee's immediate supervisor or, if the incident involves the immediate
supervisor, to the supervisor of the employee's immediate supervisor, as soon as
possible. If a satisfactory resolution is not achieved through informal means with
supervisors, the employee may pursue the sexual harassment complaint with the
Human Resources Manager/Director.
7.6.4. Supervisor's Responsibility. In the event the employee initiates discussion
concerning the sexual harassment allegations with a supervisor, that supervisor
must immediately report the facts surrounding the alleged incident to the Human
Resources Manager/Director.
Non-Rep I May 2022 25 ' Page
7.6.5 Human Resources Manager/Director's Responsibility. In the event the Human
Resources Manager/Director receives a complaint of sexual harassment, whether
directly from the complaining employee, or through a supervisor or another
source, the Human Resources Manager/Director shall immediately commence an
investigation of that complaint and, when practicable, complete the investigation
within seven (7) calendar days of receipt of the complaint.
7.6.6 City Manager's Responsibility. The Human Resources Manager/Director shall
report the results of the investigation, with recommendations, to the City
Manager. The City Manager or the City Manager's designee, who shall not be a
party to any portion of the complaint (hereinafter referred to as "designee"), shall
render a final and binding decision within five (5) business days of receiving the
recommendations or, in the discretion of the City Manager (or of the designee),
conduct an informal hearing for the purpose of further investigation. In the event
the City Manager (or designee) conducts the hearing, the City Manager (or
designee) shall render a written decision within five (5) business days after the
conclusion of the hearing. The decision of the City Manager (or designee) shall be
provided to the complainant and to the other employee or employees complained
about and shall be final and binding.
ARTICLE 8 - PRE-DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES
This Article applies to all employees except department heads and other at-will positions
identified in Article 10.
8.1 Standards of Conduct. All employees are expected to adhere to standards of reasonable
and prudent conduct. Each department may set standards required by departmental
operations provided said rules are not in conflict with rules established by the City Council
or City Manager. Employees who violate said standards shall be subject to appropriate
disciplinary actions.
8.2 Applicability of Discipline. Disciplinary action may be taken against any employee
covered by this Agreement. Only regular employees in the classified service shall have
rights to the notice and hearing requirements set forth within or to any other notice and
hearing provision whatsoever unless required by law.
8.3 Discretion in Disciplinary Action. The City Manager, department head and supervisors
may exercise their discretion in applying discipline appropriate to the employee's
offense(s) and work record.
8.4 Permitted Disciplinary Action. Any one or combination of the following disciplinary
actions may be taken against an employee for offenses stated in Section 8.20 or for any
other just cause:
Non-Rep I May 2022 26 1 P a g e
Oral admonishment Reduction in salary
Written reprimand Demotion
Restitution Dismissal
Suspension
8.5 Oral Admonishment. When necessary,oral admonishments shall be given in private. The
supervisor shall include in the admonishment a review of appropriate department
standards and policies, employee performance expected in the future and consequences
for failure to correct performance or behavior. No appeal from an oral admonishment
shall be authorized. The supervisor may retain a record of the oral admonishment, but
any such record shall not be part of the official personnel file.
8.6 Written Reprimand. A written reprimand shall be imposed for a continued or more
serious offense. The reprimand shall take the form of a memorandum to the employee
including a full, accurate and factual statement of the reason for the reprimand. The
reprimand shall be given to the employee in private. The supervisor shall explain
appropriate department standards and policies, employee performance expected in the
future and consequences for failure to correct performance or behavior. A copy of the
reprimand shall be sent to the Human Resources Manager to be placed in the employee's
personnel folder. The employee may respond to the reprimand in writing within ten (10)
business days and have such response placed in the employee's personnel folder. The
employee shall have no further right of response or appeal.
8.7 Restitution. Any employee who willfully, maliciously, recklessly or wantonly destroys or
causes or permits damage to or destruction of City property may be required to make
restitution to the City for the expense and costs sustained by the City from such actions.
An order of restitution shall be subject to the grievance procedure or, if the order imposes
restitution greater than two days' pay,the action shall be subject to appeal under Section
8.15.
8.8 Brief Suspension without Pay. When, in the opinion of the department head,
circumstances warrant, a suspension of two (2) days or less may be imposed informally,
without complying with the formal procedures commonly referred to as "Skelly
Procedures." Prior to the imposition of such discipline,the department head shall explain
appropriate department standards and policies, employee performance expected in the
future, and consequences for failure to correct performance or behavior. A written
record of the discipline, including a full, accurate and factual statement of the reason
therefor, shall be sent to the Human Resources Manager to be placed in the employee's
personnel folder. Within ten (10) calendar days after the date the discipline is imposed,
the employee may respond in writing and have such response placed in the employee's
personnel folder. The employee shall have no further right of response or appeal.
8.9 Longer Suspension without Pay. When the employee's conduct has been continuous or
repeated, and lesser penalties are inadequate or have proved ineffective the department
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in excessof two (2) days. Such longer-term
head may impose suspension without pay y
suspension shall occur only after the notice procedures specified in Section 8.13.1, and
shall be subject to appeal in accordance with Section 8.15.
8.10 Dismissal. When the employee's conduct has been of a continuous nature, uncorrected
by previous discipline, or is of such a nature as to render further employment not in the
City's interests, or for other cause, the department head shall have the right to dismiss
the employee. Dismissal shall be final termination of the employee's employment. Any
action of dismissal shall be taken only in compliance with the notice procedures specified
in Section 8.13.1, and shall be subject to appeal in accordance with Section 8.15.
8.11 Reduction in Salary. In lieu of, or in addition to, other forms of discipline, when facts
justify, a department head may impose a reduction in salary upon the employee to a
lower step in the present salary range or to a lower salary range, as may be appropriate.
The reduction may be for a limited period of time, or permanent, as specified by the
department head. Any reduction in salary shall be subject to the notice procedures
specified in Section 8.13.1 and shall be subject to appeal in accordance with Section 8.15.
8.12 Demotion. In lieu of, or in addition to, other forms of discipline, when facts justify, a
department head may demote an employee to a lower classification. The demotion shall
be subject to the notice procedures specified in Section 8.13.1 and shall be subject to
appeal in accordance with Section 8.15. Demotion shall be especially appropriate in cases
where the employee's performance level is unsatisfactory and below the standards
expected for the classification held, but would be adequate for the lower classification. A
department head may consider and accept an offer by the employee to accept voluntary
demotion in lieu of other discipline, in the department head's discretion.
8.13 Pre-Disciplinary Procedures for Certain Proposed Actions. A regular employee being
considered for suspension without pay for more than two (2) work days, restitution in
excess of two (2) days' pay, reduction in salary, demotion or dismissal shall be insured
due process through the following pre-disciplinary procedures.
8.13.1 Written Notice. Written notice of a proposed disciplinary action shall be given to
the employee in private. This notice shall include the proposed action, the
intended date and the specific reasons for such action. A written copy of the
charges and the grounds for such charges shall also be included, including a copy
of all supporting documentation upon which the department expects to rely. The
employee is entitled to copies of all materials on which the charges are based if
there are any. The employee's right to respond orally or in writing, the right to
respond in person or through a designated representative, the time period in
which the response should be made and to whom and where it should be made,
shall be specified in the notice.
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8.13.2 Employee Review. The employee shall be given an opportunity to review the
material on which the proposed action is based and which is relied on to support
the proposed action specified in the written notice, including but not limited to
statements of witnesses, documents, and investigative reports or extracts
therefrom. A copy of such documents shall be provided with the notice. Material
that is classified as confidential by the department head shall not be used to
support the proposed disciplinary action.
8.13.3 Employee Response. An employee is entitled to a reasonable time not to exceed
ten (10) business days, to answer a notice of proposed disciplinary action. An
extension of time may be granted an employee with the aforementioned 10-day
period if the employee can demonstrate the need for an extension to the
department head. Should an employee respond, the department head shall
consider the response in writing or orally, through a designated representative or
any combination thereof. If the employee requests a meeting to present a
response, the meeting shall not be conducted as an adversary hearing. The
employee may not cross-examine the department's witnesses nor present a
formal case to support the response. The employee shall be given the opportunity
to make any representations that the employee believes might affect the decision
for disciplinary action. Any time extensions shall be mutually agreed upon. If the
employee fails to respond within the time specified, the department head may
announce his or her decision which shall be in accordance with the provisions of
Section 8.14.
8.13.4 Additional Investigation Authorized. The department head has the right to
conduct further investigations. If new charges result from this investigation, the
employee shall be given another opportunity to respond.
8.14 Department Head Decision. The department head shall provide a written decision
following the employee's response (or failure to respond) at the earliest practicable date,
not to exceed ten (10) business days following the response (or failure to respond) of the
employee. The decision shall include a clear statement of the discipline being imposed.
The department head shall deliver the notice of decision to the employee at or before the
time when the disciplinary action will be effective. The decision shall be dated and signed
by the department head. The decision shall inform the employee which of the reasons
and grounds in the notice of proposed disciplinary action have been sustained. The
decision shall include a statement of the employee's right to appeal, as provided in
Section 8.15 and Section 8.16, if such disciplinary action results in suspension without pay
for more than two (2) work days, restitution affecting more than two (2) day's pay,
reduction in salary, demotion, or dismissal. Additionally, the time limit for an appeal and
the specific discipline to be imposed or the decision not to impose discipline shall be
detailed in the decision. The effective date of discipline shall be included in the decision.
Any extensions shall be mutually agreed upon.
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A decision not to impose discipline shall be accompanied by a directive from the
department head to delete all references to the pending action from the employee's
personnel file. Failure by the department to make further investigations or to provide
any additional written decision not specifically required by this Section shall not affect the
ability of the City to impose disciplinary action.
8.15 Appeal of Certain Disciplinary Actions. Any permanent employee covered by this
Agreement shall have a right to appeal a decision by the department head that results in
any of the following disciplinary or administrative actions:
a. A suspension without pay in excess of two (2) days;
b. A reduction in pay;
c. Restitution affecting more than two days' pay;
d. A demotion;
e. A dismissal;
f. Any disciplinary action which, combined with other discipline
imposed during the immediately preceding twelve (12) months,
equals or exceeds more than the loss of two (2) days' pay;
g. Denial of reinstatement
An employee desiring to appeal such action shall submit his or her written appeal to the
City Manager within ten (10) working days after receipt by the employee of the
department head's decision on imposition of discipline.
8.16 Method of Appeal. Appeals shall be in writing, signed by the appealing employee and
delivered to the Human Resources Manager.
8.17 Hearing Process. Upon request of the employee, for any matter subject to appeal as
specified in Section 8.15, the employee shall be granted the right to a hearing before an
impartial hearing officer selected in a manner mutually agreeable to the City Manager
and the employee or employee representative. If no agreement is so reached,the hearing
officer shall be selected from a list of five (5) or more possible arbitrators provided by the
State Mediation Service or from a list agreed to between the City Manager and the
employee or employee representative. By flip of a coin, a determination shall be made
as to which side shall first strike a name. Each side then shall strike one name at a time,
until only one name remains, and that one remaining person shall be the selected hearing
officer. If that person is not available for hearing within two (2) months, the name last
stricken shall be the hearing officer, unless both sides agree to agree to wait for the
availability of the selected hearing officer. The hearing shall be conducted within two (2)
weeks after selection of the hearing officer, unless both sides agree to an extension. The
hearing shall be closed to the public, and shall be recorded by a court reporter or tape
recording. Both sides shall have every reasonable opportunity to present all relevant and
material evidence and to close the hearing with argument. The hearing officer shall have
authority to limit the length of argument, and to limit the number of witnesses, if
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witnesses' testimony is merely repetitive or not material. After the close of the hearing,
the hearing officer shall prepare written findings of fact and conclusions of law based
upon the evidence presented at the hearing, and shall present his or her findings to the
City Manager and to the employee or employee representative. The City Manager shall
thereupon promptly review the findings of fact and conclusions of law, but shall not be
bound thereto. If the City Manager,for any reason, makes a tentative decision to disagree
with the hearing officer's findings of fact and/or conclusions of law,the City Manager shall
so notify the employee or employee representative of that tentative decision, and they
shall thereupon have the right to meet with the City Manager to attempt to persuade the
City Manager to follow the hearing officer's recommendations. After such meeting, or
opportunity to so meet, the City Manager shall render a decision in writing setting forth
his or her reasons for the decision,which shall be final subject only to review by the courts
under the procedures set forth in Code of Civil Procedure Section 2094.5 (writ of
mandate). The City shall pay the costs incurred for the independent hearing officer's
services and expenses.
8.18 Employee Status during Pre-Disciplinary Period. Except as otherwise provided, an
employee against whom disciplinary action is proposed is entitled to be retained in an
active status during the pre-disciplinary period, until the time the department head
imposes discipline by his or her decision under Section 8.14.
When circumstances are such that retention of the employee in active status before a
decision is made may result in damage to City property or may be detrimental to the
interests of the City or injurious to the employee, fellow employees or the public, the
department head may temporarily assign the employee to duties in which these
conditions do not exist or place the employee on paid suspension with the approval of
the City Manager.
8.19 Time Limitations. All time limitations of this Article may be extended or abbreviated by
mutual agreement of the parties.
8.20 Causes for Disciplinary Actions. All employees are expected to conduct themselves in a
reasonable and prudent manner according to City standards. Employees who violate such
standards should expect appropriate disciplinary actions. The following list of causes for
disciplinary action is not a total and complete statement of causes for discipline:
1. Tardiness.
2. Failure to observe precautions for personal safety, posted rules, signs, safety
instructions, or to use protective clothing or equipment.
3. Careless workmanship resulting in waste of materials.
4. Unsatisfactory work performance.
5. Abuse of sick leave privileges; i.e., failure to present adequate documentation of
illness when required by the City Manager or respective department head,
repeated absences before or after days off, use of sick leave for unauthorized
purposes, etc.
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6. Failure or delay in carrying out orders, work assignments, or instructions of
superiors; inattention to or dereliction of duty, including loafing or wasting time.
7. Acceptance of gifts from parties doing business with the City.
8. Unauthorized sleeping while on duty.
9. Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on
another; engaging in dangerous horseplay.
10. Being on duty under the influence of a chemical or intoxicant or reporting for
duty while so influenced. *
11. Chemical or alcohol abuse affecting work performance. *
12. Loss or destruction of City property or the property of others,through
carelessness.
13. Political activity in violation of the law.
14. Unexcused absence from duty.
15. Reckless driving on City premises, reckless operation of City vehicle, or reckless
driving while performing City business.
16. Gambling or promotion of gambling on City premises or while on duty.
17. Endangering the safety of or causing injury to any employee, including
himself/herself or the public.
18. Unauthorized disclosure of confidential information as defined by law or by
written directive of the City or respective department.
19. Disrespectful conduct, use of insulting, abusive, or vulgar language to or about
other employees or the public.
20. Unauthorized use of City vehicles or equipment.
21. Concealing or attempting to conceal defective work; removing or destroying
same without permission.
22. Knowingly making a falsification, misstatement or concealment of material fact
in connection with employment, promotion, any record, investigation, or other
proper proceeding.
23. Making false or unfounded statements which are derogatory, slanderous or
defamatory about the City, other employees, officials or the public.
24. Willful damage to City property or to the property of others.
25. Making a false confession.
26. Any on-duty violation of federal, state or local laws or any off-duty violation of
law which might bring discredit to the City.
27. Failure to adhere to these Regulations or to other City or departmental rules,
policies or procedures.
28. Sexual or other harassment.
29. Willful violation of City policies and procedures regarding media contact.
30. Other good cause.
*Federal laws recognize substance abuse (chemical dependency) as a disability and
require employers to make reasonable accommodations; e.g. medical treatment and/or
counseling.
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ARTICLE 9 - DISCIPLINE AND APPEALS PROCEDURE (AT-WILL)
This Article specifically applies to department heads and other at-will positions identified in
Article 10.
9.1 Standards of Conduct. All department heads and other at-will positions are expected to
adhere to standards of reasonable and prudent conduct. The City Manager may set
standards required for departmental operations provided said rules are not in conflict
with rules established by the City Council. Department heads and other at-will positions
who violate said standards shall be subject to appropriate disciplinary actions.
9.2 Causes for Disciplinary Actions. Department heads and other at-will positions are
expected to conduct themselves in a reasonable and prudent manner according to City
standards. Department heads and other at-will positions who violate such standards
should expect appropriate disciplinary actions. The following list of selected causes for
disciplinary action, in addition to those listed in Article 8.20, is not a total and complete
statement of causes for discipline. The City Manager may discipline a department head
and other at-will positions for other good cause.
Insubordination Conflict of interest
Criminal conduct during employment Sexual harassment
Conduct outside normal working hours Violation of rules that adversely affects the City
Misuse of City property/equipment Misuse of authority and/or position
Use of illegal substances Misrepresentation
Acceptance of gratuities Defamation
9.3 Applicability of Discipline. Disciplinary action may be taken against department heads
and other at-will positions of the City. Only regular and sworn employees shall have rights
to the notice and hearing requirements set forth herewith or to any other notice and
hearing provision whatsoever unless required by law.
9.4 Discretion in Disciplinary Action. The City Manager may exercise discretion in applying
discipline appropriate to the offense(s) and work record.
9.5 Permitted Disciplinary Action. Any one or combination of the following disciplinary
actions may be taken against a department head and other at-will positions for offenses
stated in Section 9.2 or for any other just cause, as permitted by law:
Oral admonishment Reduction in salary
Written reprimand Demotion
Restitution Dismissal
Suspension
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9.6 Restitution. An employee may be required in a manner approved by the City Manager to
provide restitution to the City for willful,wanton or malicious destruction of City property.
Restitution shall be treated as a disciplinary matter.
9.7 Appeal of Disciplinary Actions. Sworn police officers and any other employee
covered by the Public Safety Employees Bill of Rights shall have the right of appeal from
any disciplinary action whatever, under the procedures specified.
ARTICLE 10 - SEVERANCE PROVISIONS
10.1 Key Employees Serve "At Will." Designated key employees of the City, as
hereinafter set forth, shall be "at will employees," subject to termination without proof
of good cause,for any reason in the discretion of the City Manager. Such employees shall
have the protections set forth in this Article.
10.2 Positions Affected. This Article applies to the following positions:
a. Assistant City Manager
b. Chief of Police
c. Fire Chief
d. All positions officially designated as Director
e. Regular positions designated by the City Manager as "At Will" as a
condition of employment.
10.3 New Hire/Promotion. Any person newly hired or newly promoted into a position
included in the coverage of this Article shall be an "at will" employee subject to this
Article.
10.4 Additional Positions May Be Added. Any person newly hired into a position which the
City Manager determines is a key position due to its high degree of public visibility and
responsibility may be included in the provisions of this Article by an agreement in writing
executed at the time of employment.
10.5 Discharge without Need for Articulable Cause. The provisions of this Article are intended
to assure the City that the City Manager shall have the ability to release or replace certain
key employees without articulable cause upon the City Manager's determination that the
best interests of the City require such release or replacement. Such action is authorized
to assure compatibility between the City Manager and the key employees upon whom
the City Manager must rely for carrying out the mission of the City government, and yet
provide fair treatment to any employee being released or replaced under such authority.
10.6 Additional Provision: Does Not Supplant Discipline. These provisions are in addition to,
but do not supplant,the provisions of Articles 8 and 9 relating to discipline. An employee
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discharged under the provisions of Articles 8 or 9 shall not be entitled to the benefits
specified herein.
10.7 Procedures for Termination: Severance Benefits.
When the City Manager, or a Department Head with the approval of the City Manager,
determine that it is in the best interest of the City to terminate an at-will employee for
the convenience of the City or separate an employee through resignation in lieu of
termination for the convenience of the City, and the employee executes a settlement
agreement and general release between the employee and the City, that employee will
be paid severance equal to six (6) months at the rate of regular pay for the position held
by the employee at the time of separation,to include leave accruals per Article 6.
The City may choose, at the discretion of the City Manager, to consider maintaining an
employee on the City's payroll for a maximum of six (6) months after termination by
executing a settlement agreement and general release, pending the mutual agreement
of both parties.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
11.1 Enrollment in Group Insurance Plans.
City agrees to continue to enroll with and subscribe to the Public Employees' Retirement
Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act
(PEHMCA), Government Code Sections 22751 et seq., for the provision of health
insurance for members of the unit. The health insurance benefit provided through
PEMHCA shall be part of the cafeteria plan in accordance with IRS Code Section 125.
Basic City Contribution. For all employees and retirees, the City pays the PEMHCA
statutory minimum as determined by CaIPERS under Government code Section 22892.
Supplemental City Contribution. In addition to the basic City contribution, the City shall
contribute a supplemental amount toward group insurance plan premiums to active
employees and certain retirees as described below.
The City shall offer a cafeteria plan for health, dental, vision and short-term disability.
Employees may choose a medical plan less expensive than the maximum City contribution
and may use the remaining balance to pay for dental, vision and/or short-term disability
insurance. Employees selecting plans and coverage levels with premiums that exceed the
City's maximum contribution are responsible for paying the difference through automatic
bi-weekly payroll deduction. Any amount remaining stays with the City.
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Effective January 1, 2020,the City's maximum contribution toward group insurance plans,
inclusive of the CaIPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $930
Unit Member+ 1 $1800
Family $2300
Effective January 1,2024,the City's maximum contribution toward group insurance plans,
inclusive of the CaIPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $965
Unit Member+ 1 $1875
Family $2450
Effective January 1, 2025,the City's maximum contribution toward group insurance plans,
inclusive of the CaIPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $1000
Unit Member+ 1 $1950
Family $2600
Unit members who elect to purchase health insurance independent of the Plan, may
withdraw from or decline to participate in the Plan by executing, in writing, an election to
withdraw from, a declination to participate in, and/or a waiver of benefits (as
appropriate) on such form as may be required by City. For medical coverage, if an
employee elects to opt out of coverage offered by the City, they must provide proof of
"minimum essential coverage" (as defined by the Affordable Care Act) through another
source (other than coverage in the individual market, whether or not obtained through
Covered California). Unit members who elect not to participate in the Plan will be
reimbursed the sum of$250.00 per month as an in-lieu payment.
Should such other coverage subsequently be unavailable to the employee, the employee
shall have the right to seek reinstatement to coverage under the City's policy upon written
request. In such a case, the City shall reinstate the employee's coverage and cancel the
in-lieu payment if reinstatement is permitted under the provisions for reinstatement then
in effect with the City's health insurance provider.
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11.2 Public Employees Retirement System.
a. All regular employees of the City who work at least twenty(20) hours per week or
an average of 87 hours per month are automatically covered by the City's contract
with the California Public Employees Retirement System (CaIPERS). Membership
shall commence immediately upon employment.
b. Level One ("Classic") Employees. The City provides the 2%@55 retirement benefit
formula with single highest year compensation consideration for all Non-
Represented Miscellaneous employees hired prior to November 25, 2012. The
City provides the 3%@55 retirement benefit formula with single highest year
compensation for all Non-Represented Police Safety employees hired prior to
January 1, 2013. The City provides 3%@55 retirement benefit formula with single
highest year compensation for all Non-Represented Fire Safety employees hired
prior to November 25, 2012.
c. Level Two("Classic") Employees. The City provides the 2%@60 retirement benefit
formula with three-year average compensation consideration for all Non-
Represented Miscellaneous employees hired between November 25, 2012 and
December 31, 2012. The City provides the 2%@57 retirement benefit formula
with three-year average compensation consideration for all Non-Represented Fire
Safety employees hired between November 25, 2012 and December 31, 2012.
Level Two ("Classic") employees includes those employees hired on or after
January 1, 2013 who meet eligibility criteria set forth by AB 340 to "transfer"
CaIPERS membership from one CaIPERS entity to another CaIPERS entity.
d. Classic Miscellaneous Employees Cost Sharing Provisions. Effective July 5, 2015,
non-represented Miscellaneous employees who are Classic members of CaIPERS
shall participate in a cost sharing arrangement in which the City pays the 7%
member contribution (Employer Paid Member Contribution) and reports this
contribution to CaIPERS as compensation earned. In addition, each employee in
said group agrees to pay 9% of their pre-tax wages as cost sharing.
e. Classic Safety Employees Cost Sharing Provisions. Effective July 5, 2015, non-
represented Safety employees who are Classic members of CaIPERS shall
participate in a cost sharing arrangement in which the City pays 7%of the member
contribution (Employer Paid Member Contribution) and reports this contribution
to CaIPERS as compensation earned. In addition, each employee in said group
agrees to pay 12% of their pre-tax wages as cost sharing.
f. PEPRA Employees. The California Public Employees' Pension Reform Act of 2013
(PEPRA) establishes a new retirement formula of 2%@62 with three-year average
compensation for Non-Represented Miscellaneous employees, a retirement
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formula of 2%@57 with three-year average compensation for Non-Represented
Fire Safety employees, and a retirement formula of 2.7%@57 with three-year
average compensation for Non-Represented Police Safety employees hired on or
after January 1, 2013. All employees shall be subject to the provisions of PEPRA,
as appropriate.
11.3 Uniform/Equipment Allowance. Except as otherwise provided in this section, employees
shall be reimbursed for uniform and/or equipment required to perform the duties of their
position on an as-needed basis.
11.4 Uniform Allowance—Police Chief, Deputy Police Chief and Fire Chief. Uniform
allowance for Police Chief, and Fire Chief shall be $140 per month effective July 1, 2022.
11.5 Enrollment in Group Insurance Plans upon Retirement. An employee retiring from the
City, who takes a qualified retirement under the Public Employees Retirement System
(PERS), may continue their PERS health insurance benefit enrollment upon retirement,
provided the employee's effective date of retirement is within 120 days of separation.
For those retirees, except as may be provided below, the City will only contribute the
mandatory statutory minimum monthly premium employer contribution (i.e., the
statutory minimum) as may be required by CaIPERS for the particular calendar year.
All retirees will be required to comply with any of the requirements of CaIPERS as
provided by PEMHCA. This may include, but not be limited to, enrolling in Medicare when
age appropriate and becoming eligible to receive Medicare. The City will not pay for the
cost of Medicare enrollment as it will continue to pay the CaIPERS statutory minimum for
all retired annuitants.
Employees hired prior to January 1, 2013: All such retired Miscellaneous and Safety
employees covered by these Regulations shall be eligible for a supplemental City-paid
contribution equivalent to the current amount provided to active employees include to
dental and vision.
In the event of the employee's death,the City's obligation to continue making dental and
vision contributions will end. The surviving spouse/domestic partner may remain on the
dental and vision plans as a retiree at their own expense, without a City contribution to
the premium.
Employees Hired on or after January 1, 2013: After five (5) years of service with the City,
the percentage of employer contribution payable for retirement health benefits only (no
dental or vision contribution) shall be consistent with the following table:
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Credit Years of Percentage of Employer
CaIPERS Service Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
Retiring employees may, at their own expense, continue in the City's dental and vision
insurance program. The retiree shall bear the full cost.
a. For all employees hired by the City after August 1, 2019,there will be no supplemental
City contribution for retiree health benefits.The City shall contribute only the CaIPERS
statutory minimum. The City will, for these employees, make a $100.00 per month
contribution to an employee Health Reimbursement Arrangement (HRA) and
associated fixed dollar cost of administration.
b. Effective July 1, 2022,the contribution rate will increase to $150 per month.
This contribution is for active employees only and shall cease when the employee
leaves City employment.
11.6 Wellness Program. Employees shall be permitted to participate in a Wellness
Reimbursement Program intended to reduce job-related stress and improve general
physical and mental health.
Employees can be reimbursed up to $600 per calendar year. This amount is considered
taxable income unless not required by local tax rules. The wellness reimbursement
benefit does not roll over to the following year. Employees forfeit any amount not use by
the end of the calendar year. The program shall be in accordance with an approved
Wellness policy approved by the City Manager.
11.7 Life Insurance. The City shall provide life insurance in an amount equal to two (2) times
the employee's annual salary. The cost of such insurance coverage shall be borne by the
City. The City is self-insured for any amount in excess of that carried by the policy.
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11.8 Deferred Compensation.
a. 457 Plan: The City provides a joint contribution deferred compensation (457) plan for
which employees are eligible. This money cannot be withdrawn except under the
conditions set out by the plan carrier. The City will match the employee's contribution
up to a maximum of$55.00 per pay period into an approved deferred compensation
plan selected by the employee from the provider(s) offered from time to time by the
City.
b. 401(a) Plan: Employees covered by these Regulations shall participate in a 401(a) plan
from the provider(s) offered from time to time by the City with a pre-tax payroll
deduction of$50 per pay period.
11.9 Educational Incentive. The City shall adopt procedures under which an employee shall
qualify for educational assistance in an amount not to exceed $4,000 in any one (1)
calendar year, on a reimbursable basis, with a lifetime total accumulation of such
assistance not to exceed $8,000. Reimbursement shall be based upon the City
reimbursing to the employee 80% of reasonably incurred costs of education, including
tuition,fees and books. The procedures to be adopted shall not require advance approval
by the City of any specific course. Education covered by this provision must be in a
licensed public or private school or college, or a recognized training program leading to
job or professional certification and shall include academic and/or professional
certification programs. Post-graduate programs (Master's degree programs or higher)
can be covered when a determination is made that the program has some reasonable
relationship to the job performed by the employee or to preparation for a promotional
opportunity within this employment. Reimbursement shall be made at the conclusion of
a course, upon presentation of evidence of satisfactory completion thereof. This benefit
shall be available only for the acquisition of one (1) degree.
If an employee voluntary resigns their employment with the City or is terminated for
disciplinary reasons within six (6) months after receiving reimbursement under these
provisions, employee shall reimburse the City for all monies paid him/her for educational
reimbursement received dating back six (6) months from their termination date.
By authority of the City Manager
(6) C a
Charles P. McClendon Date
City Manager
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