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HomeMy WebLinkAbout8679CITY OF REDLANDS PERSONNEL RULES AND REGULATIONS JUNE 2025 Adopted by Resolution of the City Council on: June 17, 2025 2 It is the purpose of these policies to establish a uniform and equitable system of personnel administra- tion for employees of the City of Redlands. Their provisions do not establish terms and shall not be construed as contractual provisions. They are not intended to be all-inclusive, interfere with MOU’s or to cover every situation that may arise. If a departmental standard operating procedure (SOP) is ever in conflict with the Personnel Rules and Regulations, the Personnel Rules and Regulations will apply. These policies may be amended at any time and will supersede all previous personnel policies. Revisions and amendments shall become effective upon approval by the City Council. 3 Table of Contents INTRODUCTION .............................................................................................................................. 9 A. ADOPTION OF PERSONNEL SYSTEM ............................................................................................ 9 B. EQUAL OPPORTUNITY EMPLOYMENT ......................................................................................... 9 C. APPLICABILITY OF RULES ............................................................................................................ 9 D. DEFINITION OF TERMS ............................................................................................................. 10 E. ASSISTANT CITY MANAGER ....................................................................................................... 12 II. CLASSIFICATION PLAN AND SELECTION PROCESS ....................................................................... 13 A. CLASSIFICATION PLAN .............................................................................................................. 13 1. Implementation of the Classification Plan ..................................................................................... 13 2. Periodic Updates ............................................................................................................................ 13 3. Adoption by City Council ................................................................................................................ 13 4. Assignment of Classifications to Bargaining Units ......................................................................... 13 B. NEW POSITIONS AND VACANCIES ............................................................................................. 13 C. JOB ANNOUNCEMENTS ............................................................................................................ 13 D. APPLICATIONS ......................................................................................................................... 14 E. DISQUALIFICATION ................................................................................................................... 14 F. SUBJECT AND METHODS OF RECRUITMENT AND SELECTION ..................................................... 14 G. QUALIFYING GRADE AND RATING EXAMINATIONS ................................................................... 15 H. ELIGIBILITY LISTS ...................................................................................................................... 15 I. REMOVAL OF NAMES FROM ELIGIBILITY LIST .............................................................................. 15 J. NOTIFICATION OF RESULTS ....................................................................................................... 15 K. NEPOTISM AND FRATERNIZATION POLICY ................................................................................. 16 1. Fraternization .............................................................................................................................. 16 2. Enforcement ................................................................................................................................ 16 3. Nepotism...................................................................................................................................... 18 4. Effect of Post-Employment Marriage or Creation of Other “Relative” Status ............................ 18 III. APPOINTMENTS ....................................................................................................................... 20 A. OFFERS OF APPOINTMENT ....................................................................................................... 20 B. PRE-EMPLOYMENT MEDICAL EXAMINATIONS .......................................................................... 20 C. PROBATIONARY APPOINTMENTS ............................................................................................. 20 D. REGULAR APPOINTMENTS ....................................................................................................... 21 E. TEMPORARY APPOINTMENTS ................................................................................................... 21 F. INTERIM APPOINTMENTS ......................................................................................................... 21 G. PROMOTIONAL APPOINTMENTS .............................................................................................. 22 H. EMERGENCY APPOINTMENTS .................................................................................................. 22 I. LIMITED-TERM APPOINTMENTS ................................................................................................ 22 IV. CHANGES TO POSITIONS .......................................................................................................... 23 A. TRANSFERS ............................................................................................................................... 23 B. RECLASSIFICATION ................................................................................................................... 23 4 C. DEMOTIONS ............................................................................................................................. 24 D. LAY-OFFS ................................................................................................................................. 24 E. BUMPING ................................................................................................................................. 25 F. SEPARATIONS ........................................................................................................................... 25 G. REINSTATEMENT ...................................................................................................................... 26 V. COMPENSATION ....................................................................................................................... 26 A. COMPENSATION PLAN ............................................................................................................. 26 B. SALARY UPON APPOINTMENT .................................................................................................. 26 C. SALARY UPON INTERIM APPOINTMENT .................................................................................... 27 D. SALARY UPON PROMOTION ..................................................................................................... 27 E. SALARY UPON TRANSFER ......................................................................................................... 27 F. SALARY UPON RECLASSIFICATION ............................................................................................. 27 1. Upward Reclassification .................................................................................................................. 27 2. Downward Reclassification ............................................................................................................. 27 G. SALARY RANGE CHANGE .......................................................................................................... 28 H. SALARY UPON DEMOTION ....................................................................................................... 28 I. MERIT SALARY INCREASES ......................................................................................................... 28 J. BILINGUAL COMPENSATION ...................................................................................................... 29 K. OVERTIME COMPENSATION ..................................................................................................... 29 L. COMPENSATORY TIME OFF ....................................................................................................... 29 M. DEDUCTIONS FROM EXEMPT EMPLOYEE’S PAY ....................................................................... 29 N. ERRORS IN COMPENSATION..................................................................................................... 30 VI. GENERAL EMPLOYMENT MATTERS ........................................................................................... 30 A. HOURS OF WORK ...................................................................................................................... 30 B. TIMEKEEPING ........................................................................................................................... 30 C. ATTENDANCE ........................................................................................................................... 31 D. EMPLOYEE PERFORMANCE EVALUATION................................................................................. 31 E. DISCRIMINATION, HARASSMENT & RETALIATION ...................................................................... 32 1. Discrimination ................................................................................................................................. 33 2. Harassment ..................................................................................................................................... 33 3. Sexual Harassment .......................................................................................................................... 33 4. Retaliation ....................................................................................................................................... 34 5. Complaint Procedure: ..................................................................................................................... 34 6. Confidentiality ................................................................................................................................. 35 F. BULLYING ................................................................................................................................. 35 G. WORKPLACE VIOLENCE ............................................................................................................ 37 1. Examples of Prohibited Behaviors ............................................................................................... 37 2. Management Actions................................................................................................................... 38 H. REASONABLE ACCOMMODATION ............................................................................................ 38 1. Procedures ................................................................................................................................... 39 I. FITNESS FOR DUTY EXAMINATIONS ........................................................................................... 40 J. EMPLOYEE DRESS STANDARDS .................................................................................................. 40 5 K. UNIFORMS ............................................................................................................................... 41 L. IDENTIFICATION BADGES/CARDS .............................................................................................. 43 M. USE OF CITY VEHICLES AND AUTOMOTIVE EQUIPMENT ........................................................... 43 1. Licenses ........................................................................................................................................... 43 2. Assignment of Vehicles and Equipment ......................................................................................... 43 3. Safe Operation of Vehicles and Equipment .................................................................................... 44 4. Use of Seat Belts ............................................................................................................................. 44 5. Use of Cellular Phones and Radios .................................................................................................. 44 6. Inspection of Vehicles and Equipment: .......................................................................................... 44 7. Maintenance of Vehicles and Equipment ....................................................................................... 45 8. Accidents Involving Vehicles and Equipment ................................................................................. 45 9. Use of Vehicles and Equipment ...................................................................................................... 46 10. Use of Private Vehicles .................................................................................................................. 46 11. Personal Use of Vehicles and Equipment ..................................................................................... 46 12. Regular Take Home Authorization and Assignment ..................................................................... 47 13. Temporary Take Home Authorization and Assignment ............................................................... 47 14. Miscellaneous ............................................................................................................................... 48 N. TRAVEL AND EXPENSE REIMBURSEMENT POLICY ...................................................................... 48 1. Overview ......................................................................................................................................... 48 2. Compensation While Traveling ....................................................................................................... 48 3. Authorization and Responsibility .................................................................................................... 49 4. Vacation in conjunction with business travel ................................................................................. 49 O. CREDIT CARD POLICY ................................................................................................................ 54 1. Roles and responsibilities ................................................................................................................ 54 2. Authorized Cards ........................................................................................................................... 55 3. Card Eligibility ................................................................................................................................ 55 4. Card Issuance ................................................................................................................................. 55 6. Card Usage ..................................................................................................................................... 56 7. Reconciliation ................................................................................................................................ 57 P. RIDESHARE POLICY ................................................................................................................... 58 1. Provisions ........................................................................................................................................ 58 2. Incentives ........................................................................................................................................ 58 3. Required Forms ............................................................................................................................... 59 Q. RECEIPT OF GIFTS ..................................................................................................................... 59 1. Donation of Gifts ............................................................................................................................. 59 2. Return of Gifts ................................................................................................................................. 59 3. Exclusions ........................................................................................................................................ 59 R. DRUG AND ALCHOHOL ABUSE .................................................................................................. 59 1. Definitions ....................................................................................................................................... 60 2. Provisions ........................................................................................................................................ 60 3. Prohibitions: .................................................................................................................................... 60 4. Off Duty Cannabis Use .................................................................................................................... 61 5. Alcohol and Drug Testing ................................................................................................................ 62 6. Post-Accident Testing ...................................................................................................................... 63 6 7. Random Testing .............................................................................................................................. 63 8. Testing Procedures .......................................................................................................................... 63 9. Consequences of Failing an Alcohol and/or Drug Screen ............................................................... 64 S. SMOKING ................................................................................................................................. 64 1. Definitions ....................................................................................................................................... 65 2. Provisions ........................................................................................................................................ 65 T. OFF-DUTY CONDUCT ................................................................................................................ 65 1. General Considerations ................................................................................................................... 65 2. Outside Employment ...................................................................................................................... 65 3. Prohibited Off-Duty Conduct .......................................................................................................... 65 VII. INFORMATION TECHNOLOGY .................................................................................................. 66 A. COMPUTER AND ELECTRONIC COMMUNICATIONS .................................................................... 66 1. Scope ............................................................................................................................................... 66 2. Usage Rules ..................................................................................................................................... 66 3. Prohibited Activities ........................................................................................................................ 68 4. Monitoring, Auditing and Access .................................................................................................... 69 5.Email Acceptable use Policy ............................................................................................................. 71 B. MOBILE DEVICE POLICY FOR CITY OWNED DEVICES................................................................... 74 1. Policy Application ............................................................................................................................ 74 2. Definitions ....................................................................................................................................... 75 3. User Roles and Responsibilities ...................................................................................................... 75 4. Prohibited Uses ............................................................................................................................... 78 5. Data and System Security ............................................................................................................... 78 C. INFORMATION SECURITY POLICY .............................................................................................. 79 1. General Policy ................................................................................................................................. 80 2. Cyber Hygiene Practices .................................................................................................................. 80 3. Email Hygiene Practices .................................................................................................................. 81 4. Remote Access ................................................................................................................................ 81 5. Security Awareness ......................................................................................................................... 82 VIII. DISCIPLINARY ACTION ............................................................................................................ 82 A. POLICY ON DISCIPLINE .............................................................................................................. 82 B. NOTICE OF PROPOSED DISCIPLINE ............................................................................................ 83 C. APPEAL OF DISCIPLINARY ACTION ............................................................................................ 83 D. CAUSES FOR DISCIPLINE ........................................................................................................... 84 IX. GRIEVANCE PROCEDURE .......................................................................................................... 84 A. DEFINITIONS ............................................................................................................................. 84 B. ELIGIBILITY TO FILE A GRIEVANCE ............................................................................................. 84 C. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ..................................................................... 85 D. GRIEVANCE PROCEDURE .......................................................................................................... 85 1. Informal Grievance Procedure .................................................................................................... 85 7 2. Formal Grievance Procedure ....................................................................................................... 85 E. REPRESENTATION ..................................................................................................................... 86 F. SETTLEMENT OF GRIEVANCE ..................................................................................................... 86 G. NO RETALIATION ..................................................................................................................... 86 X. LEAVES OF ABSENCE .................................................................................................................. 87 A. ELIGIBILITY FOR PAID LEAVE OF ABSENCE .................................................................................. 87 B. VACATION ................................................................................................................................ 87 2. Scheduling Vacation ........................................................................................................................ 87 3. Effects of Holidays on Vacation Leave ............................................................................................ 87 4. Effects of Sick Leave on Vacation Leave ......................................................................................... 88 5. Compensation for City Work During Vacation is Prohibited .......................................................... 88 6. Vacation Pay Upon Termination ..................................................................................................... 88 C. HOLIDAYS ................................................................................................................................ 88 1. Authorized Holidays ........................................................................................................................ 88 2.Holiday Worked Pay ......................................................................................................................... 89 3. Floating Holidays ............................................................................................................................. 89 4. Banked Holidays .............................................................................................................................. 89 D. SICK LEAVE ............................................................................................................................... 89 1. Accrual of Sick Leave ....................................................................................................................... 89 2. Return to Work from Sick Leave ..................................................................................................... 90 3. Use of Sick Leave for Family ............................................................................................................ 90 4. State Disability Insurance (SDI) and Paid Family Leave .................................................................. 90 E. FAMILY AND MEDICAL LEAVE ................................................................................................... 90 1. Eligibility .......................................................................................................................................... 91 2. Reasons for Leave ........................................................................................................................... 91 3. Definitions ....................................................................................................................................... 92 4. 12-Month Measurement Period ..................................................................................................... 92 5. Intermittent and Reduced-Schedule Leave .................................................................................... 92 6. Interaction with Paid Leave ............................................................................................................ 93 7. Maintenance of Health Benefits ..................................................................................................... 93 8. Procedures ...................................................................................................................................... 94 9. Employer Responsibilities ............................................................................................................... 94 10.Reinstatement upon Return from Leave ....................................................................................... 95 11.Military Caregiver Leave ................................................................................................................ 95 12.Qualifying Exigency Leave .............................................................................................................. 95 F. PREGNANCY DISABILITY LEAVE .......................................................................................................... 97 1. Eligibility ......................................................................................................................................... 97 2. Reasons for Leave ........................................................................................................................... 97 3. Amount of Leave ............................................................................................................................. 97 4. Benefits While on Leave .................................................................................................................. 97 5. Substitution of Paid Accrued Leaves ............................................................................................... 98 6. Employee Notice of Leave ............................................................................................................... 98 8 7. Medical Certification ....................................................................................................................... 98 8. Reinstatement Upon Return from Leave ........................................................................................ 98 9. Pregnancy Disability Accommodation ............................................................................................ 98 10.Lactation Accommodation ............................................................................................................. 99 G.REPRODUCTIVE LOSS LEAVE....................................................................................................... 99 H.CATASTROPHIC LEAVE ............................................................................................................... 99 1. Provisions ........................................................................................................................................ 99 I. JURY DUTY AND WITNESS LEAVE ............................................................................................. 100 J. MILITARY LEAVE...................................................................................................................... 100 K. PERSONAL LEAVE ................................................................................................................... 101 1. Authorization ................................................................................................................................ 101 2. Length of Leave and Extension ..................................................................................................... 101 3. Return from Leave ........................................................................................................................ 101 4. Adjustments to Accrual of Benefits .............................................................................................. 101 XI. RISK MANAGEMENT ............................................................................................................... 102 A. WORKERS’ COMPENSATION .................................................................................................... 102 1. Reporting Procedure ..................................................................................................................... 102 B. CIVILIAN EMPLOYEES .............................................................................................................. 102 1. Use of Paid Accrued Leaves .......................................................................................................... 102 2. Benefits ......................................................................................................................................... 102 C. SWORN EMPLOYEES ................................................................................................................ 103 D. LONG-TERM ILLNESS AND LABOR CODE SECTION 4850 APPOINTMENTS .................................. 103 E. MODIFIED DUTY ..................................................................................................................... 103 F. CHECK IN PROCEDURES .......................................................................................................... 104 G. ACCIDENT REPORTING, RECORDING AND ANALYSIS ............................................................... 104 1. Definition ....................................................................................................................................... 104 2. Procedures for reporting accidents/injuries/incidents ................................................................. 104 3. Supervisors’ Responsibilities ......................................................................................................... 104 4. Employee Responsibilities ............................................................................................................. 104 5. Risk Management Responsibilities ............................................................................................... 104 6. Accident Reports and Records ...................................................................................................... 105 7. Accident Investigation ................................................................................................................... 105 8. Disciplinary Action ......................................................................................................................... 105 9 INTRODUCTION A. ADOPTION OF PERSONNEL SYSTEM In order to establish a uniform procedure for dealing with personnel matters, the personnel system set forth in these Rules and Regulations (hereinafter “Rules”) is hereby adopted. These Rules supersede any prior rules and regulations and may be changed only upon approval of the City Council. Where an applicable Memorandum of Understanding between the City and a recognized employee organization contains provisions that are inconsistent with those contained in these Rules, the lan- guage contained in the Memorandum of Understanding will govern. In the event of an emergency, any part or all of these Rules and Regulations may be suspended by order of the City Manager and such suspension shall remain in effect until the City Manager’s order is withdrawn. B. EQUAL OPPORTUNITY EMPLOYMENT This Equal Employment Opportunity policy applies to all applicants, volunteers, and employees without exception. The City will not discriminate against qualified employees or applicants for employment on the basis of actual or perceived age, color, disability, ethnicity, family or marital status, sex (including pregnancy), gender identity, or sexual orientation, genetic information, language, national origin, phys- ical and mental ability, political affiliation, race, religion, sexual orientation, socio-economic status, veteran status, any combination of protected characteristics, or any other basis protected by law, or on the basis of a perception that an individual is associated with a person who has, or is perceived to have, any of these characteristics. The City will afford equal employment opportunities for all qualified applicants or employees with respect to compensation and all terms and conditions of employment, including hiring, training, promotion, transfer, discipline, and termination. Employees who believe they have been subjected to any kind of discrimination that conflicts with the City’s policy should report this experience immediately to their supervisor or the Division of Human Resources. The City will promptly investigate the report under the Complaint Procedure for Discrimi- nation, Harassment and Retaliation at Rule VI. Section E., of these Rules. Any employee found to have exhibited any inappropriate conduct or behavior against others may be subject to disciplinary action. C. APPLICABILITY OF RULES The provisions of these Rules shall apply to all offices, positions and employees in the competitive ser- vice of the City, except as otherwise indicated within a specific provision of these Rules. With the exception of the City’s EEO policy at Rule I. Section B., Complaint Procedure at Rule VI. Section E., Reasonable Accommodation Policy at Rule VI. Section H., or as otherwise stated, these Rules do not apply to the following offices and positions outside the competitive service: • Elected Officers • Members of appointed boards, commissions and committees; 10 • Persons engaged under contract to supply expert, professional, or technical services for a definite period of time; • Volunteer personnel; • City Manager; • City Attorney; • Department Directors • Part Time Employees • Hourly Employees D. DEFINITION OF TERMS Words and terms used in these Rules and in any ordinance or resolution dealing with these Rules and any other personnel policies or procedures are defined in the Rule to which they apply or as follows: • “Actual hours worked” means all hours in which the employee actually performed work and does not include any paid or unpaid leave time (excluding jury duty), including but not limited to vacation and sick leave. • "Advancement" means a salary increase within the limits of the pay range established for clas- sifications provided by resolution. • "Appointing Authority" means the City Manager or the City Manager's designee. • "Appointment" means the employment of a person in a position. • “At-will employee” means an employee that can be dismissed without just cause and without warning. • “Base salary” means the salary range and step established in the Compensation Plan, exclusive of any overtime, shift-differential, incentive or other excludable pay an employee may receive. • "Classification" means a group of positions substantially similar in duties, authority, responsi- bilities, and minimum qualifications for employment to permit combining them under a single title and the application of common standards of selection and compensation. • "Classification plan" means the designation by resolution of the City Council of a title for each classification together with the specifications for each classification as prepared and maintained by the Division of Human Resources. • "Compensatory time off" means paid time off from work in lieu of overtime pay. • “Competitive service” means employment in all positions in the City service except those spe- cifically excluded by the Rules. • "Day" means calendar day unless otherwise noted. • "Demotion" means the voluntary or involuntary reduction of an employee from a position in one classification to a position in a lower classification. • "Discharge" means the involuntary separation of an employee from the City service. • “Eligibility list” means a list of names of persons who have successfully completed the examina- tion process for a position in the competitive service, pursuant to Rule II (Classification Plan and Selection Process). • “FLSA” stands for the Fair Labor Standards Act. • “FLSA-exempt” refers to all employees who meet one or more of the duties test exemptions from overtime under the FLSA (e.g. executive, administrative, professional) and who is paid on a salary basis, as defined below. 11 • "Full-time position" means employment in which the employee normally works at least forty (40) hours per week. Employees working less than forty (40) hours per week in a job share of a full-time position will receive pro-rated benefits. • “Hourly basis” means compensation paid according to the number of hours that employee actually works. • "Hourly position" means employment in which the employee normally works less than 40 hours per week or no more than one thousand (1,000) hours per fiscal year. • “Interim Appointment” means the appointment of an employee or individual to a classification in the City service on an interim basis. • "Lay-off" means the termination of an employee from City service for reasons of economy, ef- ficiency, or other non-disciplinary reasons, pursuant to Rule IV.D. (Lay-Offs) of these Rules. • “Limited-Term Employee” means an employee that is not part of any bargaining unit, has a limited appointment, and is an at-will employee. All limited term employees must have City Council approval before being hired. Limited-Term employees may or may not be listed on the salary resolution. Limited-term employees are not guaranteed benefits, but benefits may be awarded on a case-by-case basis. Limited term employees should only be hired for short-term (less than 2 years) project-based work. • “Merit salary increase” means the performance-based advancement of an employee's salary to a higher salary level within the established salary range for the employee's classification. • “Non-exempt” refers to employees who are entitled to FLSA overtime, regardless of whether paid on a salary or hourly basis. Non-exempt does not include employees performing exempt duties on a primary basis under a temporary or acting appointment to an exempt-designated position. • “Overtime” means all actual hours worked by a non-exempt employee in excess of forty (40) hours in the employee’s designated workweek, except as otherwise designated by an applicable MOU, or as otherwise designated for employees on a flexible work schedule, or as designated under the FLSA. • “Position” means a combination of duties and responsibilities assigned to a single employee and performed on either a full-time or part-time basis. • "Probationary appointment" means employment for a working test period that is part of the selection process, during which a new or promoted employee is required to demonstrate satis- factory or better performance of the position’s duties. • "Promotional appointment" means the advancement of an employee from a position in one classification to a position in a higher classification. • “Reclassification” means the reassignment of a position to another classification due to the ma- terial change of the job duties of a position, pursuant to Rule II.A. (Classification Plan) of these Rules. • “Regular appointment” means the employment of a person in an authorized full-time position following successful completion of a probationary period in a full-time authorized position. • "Rejection" means the discharge from the competitive service of an employee who has not suc- cessfully completed the initial probationary period. 12 • "Reinstatement" means the reappointment of an employee to a position in the same or a com- parable classification within twelve (12) months of their separation in "good standing" pursuant to Rule IV.G. (Reinstatement) of these Rules. • "Resignation" means the voluntary separation of an employee from the City service. • “Safety sensitive” means a position or duty of a position that the City has designated as “safety sensitive” for purposes of implementing its Drug and Alcohol policy at Rule VI.H. of these Rules. • “Salary basis” means compensation in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as required by the City’s principles of public accountability for partial-day absences, or as otherwise set forth by FLSA. • "Salary evaluation date" means the date on which a probationary or regular employee’s perfor- mance is evaluated and the date upon which the employee is eligible, on the basis of job performance for a prescribed period, for a merit salary increase within the established salary range. • “Seniority” means the employee’s number of continuous years in competitive service from the employee’s service anniversary date. Seniority in classification means the number of continuous years of service in the present or higher classification. • "Separation" means the voluntary or involuntary termination of employment from City service. • "Service anniversary date" means the original date of hire as a full-time employee for purposes of accruing benefits and determining years of service with the City. • “Supervisor” may include coordinator, supervisor, manager, or director. • "Suspension" means the temporary separation without pay of an employee from the competi- tive service for disciplinary purposes. • “Temporary appointment” means an appointment to a regular position for a period of no more than six (6) months, unless extended, in writing, by the City Manager. • "Transfer" means the reassignment of an employee from one position to another position in the same classification or another classification having the same maximum salary range, involv- ing the performance of basically similar duties, and requiring substantially the same minimum qualifications. • “Workweek” means, for purposes of overtime determination, a consecutive, seven-day period that begins at 12:00 a.m. on Monday and ends at 11:59 p.m. on Sunday, except as otherwise designated by an applicable MOU, or as otherwise designated for employees on a flexible work schedule, or as designated under the FLSA for safety employees. For employees working a 9/80 work schedule, their designated FLSA work week (168 hours in length) shall begin exactly four hours after the start time of the employee’s eight-hour shift on the day of the week that corre- sponds with the employee’s alternating regular day off. • "Y-Rated" means the employee’s existing salary is frozen until adjustments to the employee’s salary cause it to fall within the new salary range. E. ASSISTANT CITY MANAGER The City Manager shall appoint the Assistant City Manager. The City Manager may delegate to the Assistant City Manager any of the powers and duties conferred upon him/her under these or other City rules, regulations, resolutions or ordinances. The Assistant City Manager, or their designee, shall be responsible for administration of these Personnel Rules. 13 II. CLASSIFICATION PLAN AND SELECTION PROCESS A. CLASSIFICATION PLAN 1. Implementation of the Classification Plan The Division of Human Resources, after consultation with directors of affected departments shall recommend a classification plan for all classifications in the competitive service that in- cludes but is not limited to the following for each classification: a. the classification title; b. a description of typical duties and responsibilities; c. the functions of the classification; d. a statement of the desirable training, experience and other qualifications of appli- cants for the classification; and e. whether the classification or any of its duties are safety-sensitive. The Division of Human Resources shall ensure that all positions within the same classification are substantially similar with respect to duties, authority, character of work, and schedules of compensation. 2. Periodic Updates From time to time, and not less than once every two years, the Division of Human Resources will review the classification plan to ensure that it is accurate and make amendments to reclas- sify or add positions or classifications or to make other changes as necessary or appropriate. 3. Adoption by City Council The classification plan or any amendment thereto will become effective only upon adoption by resolution of the City Council. Upon adoption the classification plan or any amendment will take immediate effect. 4. Assignment of Classifications to Bargaining Units Assignment of classifications to employee units of representation will be at the sole discretion of the City Manager and in accordance with the Employer-Employee Relations Resolution. B. NEW POSITIONS AND VACANCIES New positions and permanent vacancies of regular positions in the competitive service may be filled by internal recruitments, appointments, interim appointments, promotions, reinstatement, transfer, demotion, or from an eligibility or promotional list, as deemed appropriate within the discretion of the Division of Human Resources. C. JOB ANNOUNCEMENTS Positions to be filled in the competitive service will be publicized electronically on the City Website. The position may be advertised on additional sites and publications as deemed appropriate by the 14 Division of Human Resources and the Department Director. When distribution of a job announcement would detrimentally delay the filling of a position the City, in its sole discretion, may instead opt to fill the position temporarily from immediately available sources. In the event a job announcement is distributed, it will specify the following: • Title and pay range of the classification for which the examination is announced; • Nature of the work performed • Desired skills and experience; • Dates, time, place and manner of taking applications; • Closing date for receiving applications; • Minimum requirements for the position; and • Other pertinent information in the discretion of the City. D. APPLICATIONS Applications are accepted electronically through an online applicant tracking system. E. DISQUALIFICATION The Division of Human Resources may reject any application for a position in the competitive service for reasons including, but not limited to, the following: • The applicant did not properly complete the application; • The application indicates on its face that the applicant does not possess the minimum qualifi- cations for the position; • The applicant is unable to perform the essential functions of the position sought, with or with- out reasonable accommodations; • The applicant is currently using illegal drugs; • The applicant has been convicted of a crime that may have an adverse impact on the applicant's ability to perform the job for which the applicant is applying; • The applicant is not legally permitted to work within the United States; • The applicant has made a false statement of any material fact or practiced or attempted to practice deception or fraud in making application for employment; or • For any material cause which in the judgment of the Assistant City Manager or their designee would render the applicant unsuitable for the position, including a prior resignation from City service, termination from City service, or significant disciplinary action. The Division of Human Resources will notify candidates of the status of their application. F. SUBJECT AND METHODS OF RECRUITMENT AND SELECTION The Division of Human Resources, in consultation with the Department Director, will determine the process, manner, methods, applicant pool, and examinations that shall be given for all recruitments. All examinations and background checks will be job-related and consistent with a business necessity. Examinations shall be competitive and may consist of written tests, oral tests, performance tests, eval- uations of prior training and performance, experience and education, interviews, style assessments, file review, or any combination thereof. 15 All positions require a background check. In the case of employees handling money or other valuables in the course of their duties, a credit check may be done in accordance with the provisions of the Fair Credit Reporting Act (FCRA), Government Code Section 3308 and/or Labor Code Section 1024.5. G. QUALIFYING GRADE AND RATING EXAMINATIONS In all examinations the minimum grade or standing for which eligibility may be earned shall be based upon all factors in the examination, including educational requirements, experience, and other quali- fying elements as shown in the application of the candidate or other verified information. Failure in one part of the examination may be grounds for declaring the applicant as failing in the entire exami- nation, or as disqualified for subsequent parts of an examination. H. ELIGIBILITY LISTS Eligibility lists will be established and certified by the Division of Human Resources or their designee following all applicable examinations. The eligibility list will consist of names of applicants with compo- site scores of at least seventy (70) percent. When a vacancy exists for a position that has a current eligibility list, the Office of Human Resources will forward the eligible candidates to the hiring manager for consideration. Eligibility lists shall be valid and in effect for a period of one year. An eligibility list may be extended upon the recommendation of the Department Director and by action of the Division of Human Resources for additional six-month periods, but in no event shall a list remain in effect for more than two years. The Division of Human Resources may declare a list invalid and announce a new recruitment and ex- amination period. In the alternative, the Division of Human Resources may make a temporary appointment until eligible candidates can be certified after appropriate examination. I. REMOVAL OF NAMES FROM ELIGIBILITY LIST Names may be removed from an eligibility list for any of the following reasons: • If an eligible candidate requests orally or in writing that their name be removed; • If an eligible candidate fails to accept an offer of employment within ten (10) days following the forwarding of such offer; • If an eligible candidate on a promotional list resigns from the service; • If an eligible candidate is physically or mentally unable to perform the essential functions of the job, with or without reasonable accommodation; • If a person on the eligibility list leaves no forwarding address; or • Other lawful reasons. J. NOTIFICATION OF RESULTS Every applicant taking part in the examination process shall be given written notice of their results. Any claim of error in rating or grading, must be submitted to the Division of Human Resources no later than ten (10) days after the date of notification, to be considered for correction. Applicants shall be provided with timely access to all information reasonably necessary to determine if an error in rating or grading has occurred. 16 K. NEPOTISM AND FRATERNIZATION POLICY The purpose of this policy is to establish the nepotism and fraternization policy for the City of Redlands. This policy is intended to avoid conflicts of interest between work-related and personal/family obliga- tions; reduce favoritism or even the appearance of favoritism; prevent personal/family conflicts from affecting the workplace; and decrease the likelihood of sexual harassment and/or gender discrimina- tion in the workplace and promote safety, security, effective supervision and morale. The following definitions apply under this policy. (a) A "romantic and/or sexual relationship" exists when two City employees become per- sonally involved with each other to the point that there is dating, exchange of personal affection, sexual or physical intimacy and/or cohabitation. (b) “Dating” exists when two City employees engage in one or more social meetings under circumstances that may lead to exchange of personal affection, and sexual or physical intimacy. (c) “Cohabitation” applies to those employees who live together in a romantic relationship without being married to one another. (d) A “significant other” means an individual in a relationship between an employee of the City and another individual as defined herein in (a), (b), (c) and/or (d) and elsewhere in this policy. 1. Fraternization • Romantic Relationships Between Supervisors and Subordinate Employees Are Prohib- ited. Public trust, safety and City morale require that employees avoid the appearance of a conflict between their professional responsibilities and any involvement that they may have in a romantic or sexual relationship with other City employees. In order to promote efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible claims of sexual harass- ment and/or gender-based discrimination, romantic and/or sexual relations between supervisors and subordinate employees are prohibited unless specifically permitted un- der this policy. • Romantic Relationships Between Co-Employees Romantic and/or sexual relationships between co-employees may be prohibited should the City Manager or their designee determine that the circumstances potentially create an adverse impact on supervision, safety, security, or morale, or a conflict of interest. 2. Enforcement The City reserves the right to investigate situations in the workplace to determine whether a romantic and/or sexual relationship exists and therefore presents a possible violation of this policy. If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or 17 dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy. The City retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where the City has determined that the circumstances potentially create an adverse impact on supervision, safety, security, morale or conflict of interest. In order to implement such policies, and where the above circumstances exist and mandate that employees shall not work in a prohibited relationship, the City will attempt to transfer one party in the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qual- ifications necessary to perform the essential duties of the position. Although the wishes of the parties involved as to which individual will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable due process procedures shall be applied. In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City department subject to approval by the Department Director and the City Manager or their designee. However, any such continuing employment is predicated upon both subject employees not reporting to the same immediate supervisor; not being supervised by each other; not working the same shift at the same work site; or, otherwise, becoming involved in a work environment that potentially creates an adverse im- pact on supervision, safety, security or morale or a conflict of interest. If continuing employment of employees in a relationship prohibited by this policy cannot be accommodated consistent with the City’s interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ- ment. Absent resignation by one affected employee, the less senior, in terms of overall City service, of the employees involved shall be subject to separation. In the event of separation, applicable due process procedures shall be applied. The provisions of this fraternization policy are not applicable to individuals married and em- ployed by the City on or before the effective date of the initial adoption of this policy in their current state of marriage. As such, a change in marital status/cohabitation, etc. of any current employee, will result in the applicability of this policy. Furthermore, those employees are sub- ject to any and all employment-related actions by the City, that are permissible pursuant to existing City policies and procedures to address conduct that is negatively impacting the work environment. 18 3. Nepotism The City regulates the employment of relatives as that term is defined herein, so as to avoid potential conflicts of interest and to promote safety, security, efficiency and morale. The pur- pose of this section is to define those specific circumstances and to delineate the manner in which such employment issues will be addressed. For purposes of this policy, “relative” means spouse, domestic partner, child, step-child, parent, step-parent, grandparent, grandchild, brother, sister, step-brother, step-sister, aunt, uncle, niece, nephew, in-laws of those enumerated by marriage or domestic partnership, legal guard- ian, significant other as defined herein, and/or any other individual related by blood or marriage living in the same household as the City employee. An employee is defined as any person who receives a City payroll check for services, full or part time, rendered by the City of Redlands. As of the effective date of the initial adoption of this policy, City employees who are relatives (as defined herein) shall not be affected in their current position except when the City Manager or their designee in consultation with the Department Director determines that the circum- stances potentially create an adverse impact on supervision, safety, security or morale or a conflict of interest. A business purpose exists and dictates that a prohibition on employment of relatives within City departments is essential to safety and efficiency when such employment results in any of the following: • a supervisor-subordinate relationship; • the employees having job duties, which authorize performance of shared duties on the same or related work assignment; • both employees being under the jurisdiction of the same immediate supervisor; or • an adverse impact on supervision, safety, security, morale, or conflict of interest. 4. Effect of Post-Employment Marriage or Creation of Other “Relative” Status In determining rules and regulations governing the employment of City employees who become relatives, as defined herein, after commencement of City employment, the City is guided by the principles enunciated in the California Fair Employment and Housing Act (FEHA) which prohibits discrimination on the grounds of marital status. However, FEHA and its Regulations defining the same authorize restrictions being placed upon married City employees (or upon people deemed related as a result of marriage [i.e., in-laws]) where for business reasons of supervision, safety, security or morale, the employer may refuse to place one spouse or other relative under the direct supervision of another spouse or other relative and refuse to place both spouses or other relatives in the same department, division or facility if the work involves potential con- flicts of interest or other hazards greater for married couples or other relatives than for other persons. (Cal. Code Reg., tit. 2, section 11057 Government Code section 12940(a)(3)). 19 Recognizing the principles stated above, the City determines that “marital status” is defined as an individual’s state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for purpose of this policy. Further, a “spouse” is defined as a partner in marriage. The City retains the right to refuse to place one spouse or other relative under the direct super- vision of the other spouse where the City determines that there is a potential to create an adverse impact on supervision, safety, security, morale, or a conflict of interest. The City retains the right to refuse to place spouses or other relatives in the same department where doing so has the potential for creating adverse impact on supervision, safety, security, morale or involves potential conflicts of interest. In order to implement these policies, and where the above circumstances exist and mandate that two spouses or other relatives shall not work in a prohibited relationship, the City will attempt to do any of the following: attempt to redefine the job responsibilities of the related employees within the Department to minimize the conflict, if the redefinition of job status is not feasible, attempt to transfer one spouse or other relative to a similar classified position in another City department. Although the wishes of the parties involved as to which spouse or other relative is to be transferred will be given considera- tion by the City, the controlling factor in determining who is to be transferred shall be the positive and efficient operation of the City. If any such transfer results in a reduction in salary or compen- sation, the transfer shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal. In lieu of a transfer from one department to another, or in situations where no similar counter- part classification exists to which a spouse or other relative can be transferred, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the employee with the least employment experience/service with the City may be discharged by the City Manager. Married or other related employees may continue to be employed within the same City department subject to approval by the Department Direc- tor and the City Manager or their designee. However, any such continuing employment is predicated upon both spouses or other similarly situated relative as defined in this policy not reporting to the same immediate supervisor, not being supervised by each other, not working the same shift at the same work site; or, otherwise becoming involved in a work environment that has the potential for adverse impact on supervision, safety, security, morale, or a conflict of interest. It is the duty of all involved employees who are in a situation prohibited under this policy to immediately notify their supervisor either in person or through the chain of command that a situation exists in which the involved employee may be in violation of this policy. The City re- serves the right to reasonably investigate the situation and determine whether the employee has violated this policy. 20 III. APPOINTMENTS A. OFFERS OF APPOINTMENT The City Manager or their designee shall effect an appointment by extending a conditional offer of appointment to an applicant. If the applicant accepts the offer of appointment, the appointment shall be deemed complete, subject to a medical examination as set out in Rule III.B. If the applicant does not accept the offer of appointment within the time period designated by the Division of Human Resources, the offer will expire and the offer of appointment shall be deemed to have been declined by applicant. B. PRE-EMPLOYMENT MEDICAL EXAMINATIONS All offers for appointment to a position in the competitive service will be contingent upon the appoin- tee passing a medical and/or psychological examination and testing to determine whether the appointee can perform the essential functions of the job, with or without reasonable accommodation. Such pre-employment medical examinations shall also include illegal drug screening in accordance with the provisions of California Government Code Section 12954. If the examination reveals that the ap- pointee cannot perform the essential functions of the job, with or without reasonable accommodations, or that the person uses illegal drugs, the person may be disqualified from consider- ation for employment. C. PROBATIONARY APPOINTMENTS All original and promotional appointments shall be tentative and subject to successful completion of a probationary period of not less than one year of actual and continuous service. The probationary period for safety employees (sworn police and fire personnel) shall not be less than one year of actual and continuous service after completion of safety academy training. The probationary period will be auto- matically extended for all approved unpaid leaves of absence of thirty (30) days or more taken during the period for the time equivalent to the length of the leave of absence. The probationary period may be extended for time periods in which an employee is placed on modified or light duty. The probationary period shall be part of the testing process and shall be utilized for observing the em- ployee's work. Probationary employees are at-will employees who do not have property or vested rights in their positions with the City. During the probationary period, an employee may be rejected at any time without cause and without right of appeal, or grievance or hearing. If the service of the probationary employee has been satisfactory to the Department Director, the ap- pointing authority, prior to expiration of the probationary period, shall submit a satisfactory performance evaluation to the Division of Human Resources. Upon consultation with the Division of Human Resources, the Department Director may also opt to extend an employee's probationary period by a maximum period of six (6) months past the end of the initial probationary period. The Depart- ment Director recommending an extension must file their recommendation in writing with the Division of Human Resources prior to expiration of the probationary period. The Department Director will notify an employee of either recommendation prior to the expiration of their probationary period. 21 An employee shall be granted regular status unless he/she is notified in writing of an extension of pro- bation or rejection prior to the end of probation. D. REGULAR APPOINTMENTS Following successful completion of a probationary period in a full-time authorized position, an em- ployee shall be classified as a regular appointee. E. TEMPORARY APPOINTMENTS When the service demands of the City are such that an open competitive recruitment process is not practical and/or in the absence of an eligibility list, the appointing authority may make a temporary appointment. All temporary appointments are subject to the following requirements: • Any person appointed to temporary status must meet the minimum qualifications for the posi- tion to which he/she is being appointed. • No temporary appointment may exceed a period of 960 hours. • Temporary appointees will be compensated at the hourly equivalent of the salary range as- signed to a regular employee in the same classification. Temporary employees who are regular City employees at the time of temporary appointment continue to accrue leave time and any additional benefits in accordance with their regular assignment. However, temporary appoin- tees who are new City employees at the time of temporary appointment will not accrue leave time or any additional benefits except those required by law, i.e. workers' compensation and Social Security, and are also not eligible for salary increases. • Prior to being appointed to regular status, a temporary appointee shall successfully complete the competitive recruitment process, if any. F. INTERIM APPOINTMENTS Whenever the needs of the City require, due to the vacancy or extended illness of a member of the management or director group, or other extenuating circumstances, the Division of Human Resources may appoint on an interim basis, a regular employee from the lower classification to perform the duties of the vacant higher position. The affected Department Director shall indicate in writing to the Division of Human Resources the need for the interim appointment and any recommended employee(s) to serve in the appointment. An employee appointed to an interim assignment does not have due process rights. The City Manager, in their sole discretion, may terminate the assignment at any time without any due process. To be eligible for an interim appointment, the appointee must possess the minimum qualifications of the higher classification in the judgment of the Division of Human Resources and as recommended by the affected Department Director. The employee assigned to perform the duties of a higher classification, shall not serve for more than 960 hours in a higher classification that is vacant without the position subject to the announcement and selection process set forth in Rule II. 22 If the person is subsequently promoted from interim capacity into the same position in a regular ca- pacity, the period of time of service in the interim capacity may be credited to the required period of probation for regular appointment. G. PROMOTIONAL APPOINTMENTS Promotional appointees are subject to the same application and probationary employment require- ments as all other regular applicants. In the event that a promotional appointee does not pass probation, the Division of Human Resources, in consultation with the Department Director, may return the employee to their previous position or another position in the same classification or lower classifi- cation for which he/she is qualified. Reinstatement to another position is not guaranteed. The employee does not have property interest in the previous position and waives the right to be reinstated upon acceptance of a promotional appointment. The employee shall not serve a new probationary period in a lower classification. The effective date of a promotional appointment shall determine the employee’s new performance evaluation date. Promoted employees shall be evaluated after six (6) months’ service and shall be eval- uated annually thereafter. H. EMERGENCY APPOINTMENTS To meet the immediate requirement of an emergency condition, such as major fire, flood, earthquake, or other public calamity that threatens public life or property, a Department Director, in consultation with the Division of Human Resources, may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance, these Rules, or other rules and regulation affecting appointments. As soon as possible, such appointments shall be reported to the City Manager. Such employees serve at the will of the City Manager and may be dismissed without cause and without any right of appeal, grievance or hearing. I. LIMITED-TERM APPOINTMENTS To meet the immediate emergency need or the immediate project-based staffing need, Department Directors may request to fill a limited-term appointment. Upon approval of the Human Resources Di- rector and the City Manager, the requesting Department Director should request permission to fill a limited-term appointment through City Council action. Limited-term appointments should be allowed for no more than two years from the date of council approval. Approval to hire and recruit a limited- term employees is provided through Council action and limited-term employees may or may not be listed on the Salary Resolution. Limited-term employees are at-will employees and are not subject to the personnel rules and regula- tions and are not a member of a recognized City bargaining group. Benefit eligibility will be determined by the number of hours per week that the limited-term employee works, and any benefit-eligible, lim- ited term employee will be notified of their eligibility of benefits in writing at the time of hire. Limited- term employee’s employment can be ended without reason or notice at any time. 23 IV. CHANGES TO POSITIONS A. TRANSFERS An employee must be in his or her position for a minimum of 6 months before he or she may request a transfer. A transfer means the reassignment of an employee from one position to another position in the same classification or another classification having the same salary range, involving the perfor- mance of basically the same or similar duties, and requiring substantially the same minimum qualifications. The employee must make a written request to the Department Director for considera- tion and the position to which the transfer is requested must be vacant. The employee’s current Department Director may deny the transfer request in their sole discretion. A transfer may be granted only on the approval of any affected Department Director, in consultation with the Division of Human Resources. If an employee voluntarily transfers to another position in the same or comparable classification and is not successful, the Division of Human Resources, in consultation with the affected Department Direc- tor, may return the employee to their former position. There is no guarantee of placement back into the previous position or to another position. The employee does not have property interest in the previous position and waives the right to be reinstated upon acceptance of a transfer. The employee’s salary evaluation date shall remain the same as it was before the transfer. Based on the needs of each department, the City reserves the right to transfer employees to other positions in the same classification or comparable classification to maintain efficient and productive workflows. B. RECLASSIFICATION Should the Division of Human Resources determine that the job duties of a position in the competitive service have materially changed at the direction of the City, and not because the employee voluntarily assumed or declined duties, the Division of Human Resources, in its discretion, may reassign the posi- tion to another classification. Upon receipt of the request for reclassification, the Division of Human Resources will review the re- quest and determine if a classification study is warranted. The following criteria are generally applied in determining whether or not reclassification is warranted: • Clear evidence of working out of classification on a full-time basis for a minimum of nine months; • The change in duties performed or the knowledge, skills, and abilities required must be clearly above the highest level required in the employee’s current classification; • The change in duties must not be temporary or transitional; • The Department Director or designee must have assigned the change in duties; • The employee must meet the minimum qualifications of the higher-level position including any required licenses/certificates, experience, and educational requirements; • An assignment of additional duties that are similar in scope to those duties already within the classification would not constitute a reclassification; • Workload issues are not indicative of a reclassification; 24 • The personal qualities or performance of an employee occupying a position shall not be a crite- rion for reclassification. In the case of an upward reclassification, an employee may be reclassified without competitive exam if the Division of Human Resources determines that the employee has met the minimum qualifications of the new classification and has performed the duties of the reclassified position for a minimum period of nine (9) months and is expected to continue performing the duties. The employee shall be placed at the closest step within the new salary range that would provide a minimum of a five percent (5%) increase. Reclassification shall not be used for the purpose of avoiding the competitive selection processes. Employees may submit a request for reclassification no more than once a year. The employee’s salary evaluation date shall not change and there will be no new probationary period as a result of a reclassification. C. DEMOTIONS An employee may be involuntarily demoted for cause pursuant to the Disciplinary Action policy or for organizational reasons, pursuant to Layoffs. Employees may seek voluntary demotion through the competitive selection process. A demoted employee shall be required to serve a probationary period in the lower classification unless the lower classification is in the same job series, or the employee previously completed probation in the lower classification. The salary of a demoted employee may not exceed the maximum salary of the new classification. In the event the demoted employee does not pass probation, the employee will be terminated from employment. The effective date of a demotion shall establish a new salary evaluation date. D. LAY-OFFS Should the City Manager determine reductions in force to be necessary due to lack of work or for fi- nancial reasons, he/she may initiate lay-offs. In determining the order of lay-offs, a combination of factors shall be considered, including, but not limited to: qualifications, productivity, general perfor- mance, seniority with the City of Redlands and needs of the City. Variations from the order of lay-offs and recall from lay-off may occur when the City deems such variations appropriate under the circum- stances. The factors the City, in its discretion, may use to determine the order of layoff include, but are not limited to, the following: • An employee’s last four performance evaluations, if any; • Any history of employee commendations, awards, etc.; • Any history of employee disciplinary action; • Attendance record, including tardiness and unexcused absences; • Safety record, including personal injury and damage to city property; • Probationary and temporary employees shall be laid off before a regular employee in the same classification; 25 • Between two regular appointees in the same classification with the same skills, abilities, quali- fications, merit and/or record, the employee with lesser seniority may be laid off first; • Between two regular appointees in the same classification, the employee with lesser skills, abil- ities, qualifications, merit and/or record may be laid off first, without regard to seniority; • Memoranda of Understanding between the City and effected bargaining units. • E. BUMPING Bumping means the displacement of an employee from their position by an employee in a higher clas- sification who formerly held the same position, or a position in the same job family. A laid off employee shall be entitled to bump an employee in the same position previously held by the laid off employee. The laid off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified in the job classifi- cation specification. Laid off employees may also be placed in a vacant lower classification for which they meet the minimum qualifications. Employees must utilize the option that places them in the high- est position. The City will notify laid off employees of any positions available for bumping. Following such notifications, the employee must notify the Division of Human Resources in writing of their intent to exercise the bumping rights within seven (7) days, and the position and classification into which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee. Where there is more than one employee in a position available for bumping, the factors in Section D – Lay-offs, or the conditions set forth in a council approved Memorandum of Understanding, will be used to determine which employee, if any will be bumped. Any displaced employee shall be considered laid off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specific in Section D – Lay-offs. F. SEPARATIONS All employees who separate from the City, that is, whose employment with the City terminated through separation for cause, layoff, resignation, or retirement must: • Return all City property to the Division of Human Resources, immediate supervisor, or depart- ment designee prior to receiving the final paycheck; • Clear any existing financial obligations to the City; In addition, employees who resign or retire must also adhere to the following procedures before they will be deemed to have terminated in good standing: • Submit a written notification stating your intent to terminate, and the proposed effective date to your immediate supervisor or the Division of Human Resources. 26 • Provide a minimum notice of two weeks. The City encourages employees who become aware of their pending termination from the City to let the Division of Human Resources know as far in advance as possible. Once the City has accepted the resignation, it is irrevocable. G. REINSTATEMENT At the recommendation of the Department Director, and with the approval of the Division of Human Resources, employees who resigned, retired, or were laid off and were in good standing at the time of separation, may be reinstated within twelve (12) months to their former position, if vacant, or to a vacant position in the same classification without being subject to the application and selection process. A reinstated employee shall serve a probationary period, unless otherwise approved by the City Man- ager. An individual requesting reinstatement shall be required to pass a medical and/or psychological examination and any other qualifying tests or procedures as in the case of a new employee. If rein- stated, credit may be granted for prior service in terms of benefit accrual rates and seniority in the discretion of the Division of Human Resources and the Department Director; provided, however, that employees reinstated after layoff shall receive credit for prior service with the City. V. COMPENSATION A. COMPENSATION PLAN 1. Compensation Principles The City of Redlands is committed to maintaining fiscal integrity and high standards of account- ability to the public in the expenditure of funds provided by taxpayers. Accordingly, the City establishes its compensation system in accordance with the principles of public accountability. 2. Compensation Plan The Division of Human Resources shall prepare a compensation plan that includes the following: a. Salary ranges for all classifications in the competitive service, showing the minimum and maximum rates of pay; b. A designation of the position as full-time, hourly, or temporary; c. A designation of the position as paid on an hourly or salary basis. 3. Review of Compensation Plan The compensation plan will be reviewed periodically, but not less than every two years. The Division of Human Resources shall determine whether any modifications are necessary due to changes to positions or classifications, including changes to exempt or non-exempt status. The City Manager shall submit any modified compensation plan in the proposed form to the City Council for adoption. B. SALARY UPON APPOINTMENT Initial appointments shall be normally made at the first step of the salary range for the particular classification in which the appointment is made. When, in the judgment of the Department Director, 27 the education, training, and/or experience of a proposed employee are such that a salary in excess of the first step is justified, the City Manager may authorize an appointment to a position at a higher step in the salary range. C. SALARY UPON INTERIM APPOINTMENT An employee appointed to an interim assignment shall receive the salary rate of the higher classifica- tion in which the employee is performing the required duties. If the employee’s current salary is above the starting salary of the interim classification, the employee shall be placed on the new salary range at the closest step that will provide a minimum increase of five percent (5%). A person appointed in an interim capacity shall be eligible to receive merit increases in their regular position during the acting appointment but shall not be entitled to merit increases in the position which is held in the interim capacity. Additionally, the employee will remain in their current bargaining unit and receive the bene- fits of that unit. D. SALARY UPON PROMOTION An employee who is appointed to a position in a classification allocated to a higher salary range that the employee’s present classification shall receive the next highest monthly salary which is at least five percent (5%) higher than the employee’s current base salary, but in no case more than the top step of the new salary range. Payment in such new salary range shall commence at the beginning of the pay period in which the appointment becomes effective. E. SALARY UPON TRANSFER An employee who is transferred from one position to another in the same classification or to another position having the same salary range shall be compensated at the same step in the salary range as previously received. The performance evaluation date shall remain unchanged. F. SALARY UPON RECLASSIFICATION 1. Upward Reclassification An employee whose position is reclassified to a job classification with a higher salary range, and who meets the qualifications and requirements for the new classification, shall be compensated at the closest step within the new salary range that will provide a minimum increase of five percent (5%). A new probationary period is not required, and the performance review date shall not change. 2. Downward Reclassification An employee whose position is reclassified to a job classification with a lower salary range shall: a. Retain their current salary if the current salary is the same as a step within the salary range of the new classification; b. Be placed at the closest step within the salary range of the new classification that ap- proximates the current salary if the current salary is between steps within the new salary range; c. Be placed at the maximum step of the new range if the current salary is above the new range; or 28 d. Be assigned a Y-rate designation to hold the employee at the current salary rate, without increases, until such time as the salary range for the new classification is the same or exceeds the amount of the Y-rating. A Y-rating requires approval of the City Council. G. SALARY RANGE CHANGE Periodically, in order to maintain competitive salaries, a compensation study may be conducted on positions within the compensation plan. Based on the study, positions may be placed in a new range in the salary schedule. Employees affected by a salary range change will be placed in the new salary range at the step closest to their current salary that does not result in a reduction in pay for the em- ployee. H. SALARY UPON DEMOTION The salary of an employee who is demoted for cause or voluntarily to a position in a classification allo- cated to a lower salary range than the employee’s current classification shall be reduced to a step in the salary range for the classification to which the employees has been demoted. The Department Director, with the approval of the City Manager, shall determine the step within the range on which the demoted employee will be placed. An employee demoted pursuant to a lay-off shall be compen- sated at the nearest lower monthly salary rate in the salary range for the classification to which he/she has been demoted to the employee’s salary rate prior to layoff. The effective date of the demotion shall establish a new salary evaluation date. I. MERIT SALARY INCREASES 1. Eligibility for a Merit Increase Merit increases are based solely upon job performance, they are not automatic, and there is no annual entitlement to them. Employees are eligible for a merit increase each year based upon the evaluation of their performance. Only regular appointees are eligible for merit increases, and no employees will receive an advancement that exceeds the maximum rate established for their classification. In order to receive a merit increase, employees must receive both a rating of “meets expectations” or above on their job performance evaluation and a recommendation for a merit increase by the Department Director. Any such merit increases will be applied to the employee’s most recent evaluation date. In the event an employee’s overall rating is not at a “meets expectations” or above, they will not be eligible for a merit increase until the next evaluation period. The employee shall also be placed on a performance improvement plan for a period of no less than 90 days. 2. Merit Increases for Exceptional Circumstances Upon written recommendation of a Department Director, the City Manager, in their sole dis- cretion, may authorize a merit increase outside of a regularly scheduled performance evaluation if exceptional performance or other appropriate circumstances warrant advance- ment. An increase for exceptional performance shall not exceed the highest step in the employee’s current salary range. The evaluation date will not change due to an increase outside of the regular performance schedule. 29 J. BILINGUAL COMPENSATION The City shall provide additional compensation to employees for the performance of bilingual skills. Compensation for bilingual pay shall be established by a Memorandum of Understanding approved by the City Council. The Department Director may recommend that an employee be considered for bilin- gual pay based on the needs of the department. The employee must demonstrate their bilingual skills through a verbal competency exam created and administered by the Division of Human Resources. The City shall determine the number of employees to receive bilingual pay and the languages for which testing shall be conducted. If an employee receiving bilingual pay receives a change in assignment, classification, job duties, or is transferred or promoted, the Department Director may determine that bilingual skills are no longer required for the position and the compensation will be removed from the employee with no right of appeal. K. OVERTIME COMPENSATION If circumstances warrant, employees may be required, and are expected to perform, overtime work. All overtime work must have the approval of the appropriate supervisor prior to actual performance of the work. Failure to obtain such approval in advance shall be justification for discipline up to, and including, termination. All overtime work shall be compensated at one and one-half times the em- ployee’s regular rate of pay under the Fair Labor Standards Act for overtime hours worked. Only actual hours worked shall be considered as hours worked for purposes of calculating overtime pay, unless authorized in a Memorandum of Understanding adopted by the City Council. No overtime shall be recorded for less than 6 minutes of work. L. COMPENSATORY TIME OFF Employees may opt to accrue Compensatory Time Off (CTO) in lieu of cash payment for overtime worked if the requirements of this policy have been met. CTO shall accrue at the rate of one and one-half time hours for each overtime hour worked in accord- ance with the Fair Labor Standards Act. No employee may accumulate CTO in excess of eighty hours unless provided by a City Council approved Memorandum of Understanding. Overtime will be com- pensated in pay only after 80 hours of CTO have accumulated. Use of compensatory time off earned shall be granted provided that: 1) its use does not unduly disrupt the operations of the City; and 2) the request is made to the employee’s Department Director or designee no later than five days prior to the time when the employee desires to the use the leave. Employees working in more than one depart- ment must submit the CTO request to the Head of each affected department. If the employee does not provide five (5) calendar days’ notice, or if the City can document that the use of CTO would unduly disrupt City operations, the City will cash out the CTO requested at the end of the current pay period in the regular paycheck. M. DEDUCTIONS FROM EXEMPT EMPLOYEE’S PAY Exempt employees may not have their pay reduced for variations in the quantity or quality of work performed. Exempt employees must normally receive their full salary for any week in which they per- form work, without regard to the number of days or hours worked. However, exempt employees need not be paid for any work week in which they perform no work at all for the City. Exempt employees 30 who are absent from work for personal reasons or because of illness may be required to utilize available leave balances toward the absence. Deductions from an exempt employee’s pay cannot be made as a result of the following circumstances: • Jury Duty • Attendance as a witness; • Temporary military leave; • Disciplinary action other than a major safety violation, except when the employee does not work any hours for an entire week; or • Partial days. N. ERRORS IN COMPENSATION In the event of any underpayment of which the City becomes aware, the employee shall receive any amount due him/her on the next regular pay period. In extenuating circumstances, an additional check may be processed prior to the next pay period. In the event of an overpayment the City will recoup the overpayment as agreed upon by the City and the employee. Employees shall review each of their paychecks to ensure the employee was paid correctly. If the employee believes an error or irregularity has occurred, the employee must immediately bring the error to the attention of their supervisor, the Finance Office, or the Division of Human Resources. VI. GENERAL EMPLOYMENT MATTERS A. HOURS OF WORK Daily hours of work (or shifts) for employees within departments shall be assigned by the employees’ applicable Memorandum of Understanding (MOU) or by Department Directors as required to meet operational requirements. The Department Director may change an employee’s work period, week, or hours at any time to meet the requirements of the City. Changes shall be made in accordance with applicable MOU. Any foreseeable absence or deviation from regular working hours desired by an employee shall be cleared in advance through the employee’s supervisor, and such absences shall be noted on the em- ployee’s time sheet. With the approval of the Department Director and concurrence of the employee association, an em- ployee may be assigned a flexible work schedule so long as the employee’s work schedule totals forty (40) hours within the employee’s designated work week and so long as the needs of the public and City are being met. The start and stop of the work week for employees on a flexible work schedule will be designated at the time the flexible work schedule is assigned to the employee. B. TIMEKEEPING All employees must sign and accurately record all hours worked and any leave taken on their time- sheets. Employees must submit their timesheets on a bi-weekly basis to their supervisor. Employees must immediately report any errors on a timesheet that has already been submitted to their supervi- sor. 31 C. ATTENDANCE Employees are expected to report to work as scheduled, on time, and prepared to start work. Unau- thorized tardiness and absence cause disruptions in coverage of assignment and City operations. Employees are also expected to remain at work for their entire work schedule, except when required to leave on authorized city business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported to the Finance Director on the employees’ timesheet. Employees who anticipate an absence from all or a portion of their regular work schedule and wish to request a form of accrued leave time or unpaid leave time should follow the procedures provided in these Rules or Memorandum of Understanding for the particular type of leave that they are requesting. Employees who are unexpectedly unable to report to work as scheduled on any particular day must call/text their immediate supervisor no later than their scheduled time to begin work for that day, or as otherwise required by the Department. If the employee’s immediate supervisor is not available, then the employee must notify the Department Director or their designee. Employees must inform their supervisor of the expected duration of any late arrival or absence. Employees must report their ab- sence each day. Failure to do so is considered an unreported absence. Employees who call later then their scheduled time to begin work for their assigned shift will be deemed to have an unreported ab- sence. Failure to contact the department at all to report an absence will be considered a no call/no show. Employees who are absent for three (3) or more consecutive days without notifying their de- partment will be presumed to have abandoned/resigned their position. The Division of Human Resources will provide a notice of separation to the employee’s last known address. If within ten (10) days of said notice, the employee can show good cause for the failure to report to duty, the Assistant City Manager or their designee, in their discretion may, after consultation with the Department Direc- tor, reverse the resignation. Any reported absence that is three (3) or more consecutive days will be considered a leave of absence, subject to approval. Please refer to Section X, Leave of Absence. Abuse or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline. Failure on the part of an employee who is absent without notification or authorization to return to duty within twenty-four (24) hours after a notice to return to duty has been delivered to their last known telephone number and or address will constitute an automatic resignation effective as of the last day an employee worked if, within ten (10) calendar days of said notice, the employee can show good cause for the failure to return to duty, The Division of Human Resources, in their discretion may, after consultation with the Department Director, reverse the resignation. D. EMPLOYEE PERFORMANCE EVALUATION A report on the performance of each employee shall be made by respective Department Directors or their designees after completion of a probationary period and annually thereafter. Unless changed in accordance with these Rules and Regulations, these evaluation dates shall constitute the employee’s salary evaluation date for purposes of eligibility for a merit salary increase; provided, however, the employee shall continue to receive performance evaluations on said date even after the employee has 32 reached the top of the applicable salary range. In addition, a performance evaluation may be prepared at any other time at the discretion of the employee’s supervisor. Each department is responsible for the timely evaluation of their employees. Each performance eval- uation shall be discussed with the employee. The Division of Human Resources will track and report the annual performance evaluations and will maintain a copy of each evaluation in the employee’s official personnel file. The performance evaluation will address areas of successful performance and areas that need improve- ment. Within the evaluation any area that falls below a “Meets Standard” will result in a Performance Improvement Plan (PIP) for a minimum period of sixty (60) days at the discretion of the Division of Human Resources. Employees receiving an overall rating below “Meets Expectations” are not eligible to receive a merit increase. The employee will have the opportunity to comment regarding work per- formance, either in written statement attached to the report or orally. Comments must be submitted within fifteen (15) days of receipt of the evaluation. In the case of a public safety officer, they shall have thirty (30) days from receipt of evaluation to respond. The employee shall sign the performance report to acknowledge that the employee is aware of its contents and has discussed the report with the evaluator. The employee’s signature does not necessarily indicate agreement with the contents of the report. In the event that an employee refuses to sign the evaluation following their review of the evaluation, such refusal will be so noted by the evaluator on the evaluation form. The employee will receive a copy of the performance evaluation. The original, along with any written comments submitted by the employee, will be placed in the employee’s official personnel file. E. DISCRIMINATION, HARASSMENT & RETALIATION The City of Redlands strives to create and maintain a work environment in which people are treated with dignity, decency, and respect. The environment of the City should be characterized by mutual trust and the absence of intimidation, oppression, and exploitation. Employees should be able to work and learn in a safe environment. For that reason, the City will not tolerate unlawful discrimination or harassment of any kind. The City has zero tolerance for conduct that violates this policy. Conduct need not arise to the level of a violation of the law to violate this policy. Through enforcement of this policy and by education of employees, the City will seek to prevent, correct, and discipline behavior that vio- lates this policy. All employees, regardless of their positions, are covered by and are expected to comply with this policy and ensure that prohibited conduct does not occur. This includes applicants, City employees, and con- tractors of the City. Disciplinary action, up to and including termination, will be taken against any employee or officer who is found to have violated this policy. Any contractor who has been found to have violated this policy will be subject to appropriate sanctions. The City of Redlands, in compliance with all applicable federal, state, and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines: 33 1. Discrimination It is a violation of policy to discriminate in the provision of employment opportunities, benefits, or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of the discriminatory treatment is, in whole or in part, the person’s race, color, national origin, age, religion, disability, sex including reproductive health decision-making, pregnancy, gender, sexual orientation, gender identity, gender expression, ge- netic information, veteran status, ancestry, marital status, off-duty cannabis use, results of employer-required drug test finding “nonpsychoactive cannabis metabolites”, any combination of protected characteristics or any other protected classification under state and federal law. Discrimination of this kind may also be strictly prohibited by a variety of federal, state, and local laws, including Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination Act of 1975, the Genetic Information Nondiscrimination Act of 2008 (GINA), the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws. Discrimination in violation of this policy will be subject to disciplinary measures up to and in- cluding termination. 2. Harassment The City prohibits harassment, including sexual harassment, of any kind and will take appropri- ate and immediate action in response to complaints or knowledge of the violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate, or coerce an employee, co-worker, or any person working for or on behalf of the City. The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy: • Verbal harassment includes comments that are offensive or unwelcome regarding a per- son’s nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability, or any other protected status, including epithets, slurs, and negative stereo- typing; • Nonverbal harassment includes distribution, display, or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion, or disrespect toward an individual or group because of national origin, race, color, reli- gion, age, gender, sexual orientation, pregnancy, disability, gender identity, marital status, veteran status, or any other protected status. • Physical harassment includes assault, impeding or blocking movement, physically inter- fering with normal work or movement, pinching, grabbing, patting, propositioning, leering, making expressed or implied job threats or promises in return for submission of physical acts, or stalking. 3. Sexual Harassment Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964, as amended, and is prohibited under the City’s harassment policy. According to the U.S. Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical con- duct of a sexual nature when this conduct explicitly or implicitly affects an individual’s 34 employment, unreasonably interferes with an individual’s work performance, or creates an in- timidating, hostile, or offensive work environment.” There are two types of sexual harassment: (1) quid pro quo and (2) hostile work environment. Sexual harassment can be physical and psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing. Employees are prohibited from harassing other employees whether or not the incidents of harassment occur on employer premises and whether or not the incidents occur during working hours. Though sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include the following: • Physical assaults of a sexual nature, such as rape, sexual batter, molestation or attempts to commit these assaults, and intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body or poking another employee’s body; • Unwelcome sexual advances, propositions or other sexual comments, such as sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience; • Preferential treatment or promises of preferential treatment to an employee for sub- mitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward; or • Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or con- duct or intentionally making performance of the employee’s job more difficult because of that person’s sex. 4. Retaliation No hardship, loss, benefit, threat or penalty may be imposed on an employee in response to: • Filing or responding to a bona fide complaint of discrimination or harassment; • Appearing as a witness in the investigation of a complaint of discrimination or harass- ment; • Serving as an investigator of a complaint of discrimination or harassment; or • Refusing to follow an order or directive that is discriminatory or harassing in nature. 5. Complaint Procedure: If an applicant, employee, officer, or contractor feels he/she has been discriminated against, harassed or retaliated against in violation of these rules, he/she should report the conduct im- mediately and according to the following procedure so that the complaint can be resolved quickly and fairly. a. Report to Management: Inappropriate conduct should be reported to any supervisor, Department Director, the City Manager, or the Division of Human Resources. The indi- vidual should provide all details of the incident or incidents, names of individuals involved, and the names of any witnesses. The supervisor or manager must take all complaints of alleged or possible harassment or discrimination seriously, ensure that 35 harassment or inappropriate sexually oriented conduct is immediately reported to Hu- man Resources so that a prompt investigation may occur, and take any appropriate action to prevent retaliation or prohibited conduct from recurring during and after any investigations or complaints. Managers and supervisors who knowingly allow or toler- ate harassment or retaliation including the failure to immediately report such misconduct to Human Resources are in violation of this policy and subject to discipline. b. Investigation: The City Manager or their designee will immediately undertake an effec- tive, discrete, thorough, and objective investigation of the allegations at issue. All complaints will be investigated to the extent that the City deems appropriate. The in- vestigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the alle- gations. The investigator will remind all witnesses to maintain the confidentiality of the content of the interview, and that retaliation against those who report alleged conduct or participate in the complaint procedure is prohibited. c. Investigation of Unreported Potential Violations: The City takes a proactive approach to the problem of discriminatory, harassing, or retaliatory conduct and will conduct an in- vestigation if its officers, officials, supervisors or managers become aware that discrimination, harassment or retaliatory conduct may be occurring, regardless of whether the recipient or a third party reports a potential violation. d. Remedial and Disciplinary Action: If the investigation concludes that conduct in violation of this policy has occurred, the City will notify the offended and offending parties of the general conclusions of the investigation and will take effective remedial action that is designed to end the violation. Any employee or officer determined to be responsible for violating this policy will be subject to appropriate disciplinary action up to and in- cluding termination. Any official or contractor found to be responsible for violating this policy will be subject to appropriate sanctions. 6. Confidentiality The City recognizes that confidentiality is important to all parties involved in an investigation. Complete confidentiality cannot occur due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from dis- cussing the investigation or its subject matter with other employees of the City, with the exception of their union representative, legal counsel, or as otherwise directed by the Division of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline up to, and including, termination. The City will not disclose a completed investigation report except as it deems necessary to sup- port a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. F. BULLYING The City of Redlands defines bullying as “repeated inappropriate behavior, either direct or indirect, whether verbal, physical, or otherwise, conducted by one or more persons against another or others, 36 at the place of work and/or in the course of employment.” Types and examples of such behavior are listed below. Such behavior violates the City of Redlands values and the City of Redlands Code of Ethics. The purpose of this policy is to communicate to all employees, including supervisor, managers, and executives that the City of Redlands will not in any instance tolerate bullying behavior. Anyone found in violation of this policy will be disciplined, up to and including termination. Bullying may be intentional or unintentional. However, when an allegation of bullying is made, the intention of the alleged bully is irrelevant and will not be given consideration when determining appro- priate discipline. The City of Redlands considers the following types of behavior examples of bullying: • Verbal Bullying: slandering, ridiculing, or maligning a person or their family; persistent name calling which is hurtful, insulting, or humiliating, using a person as the subject of jokes; abusive and offensive remarks; • Physical Bullying: pushing, shoving, kicking, poking, tripping, assault, or threat of physical as- sault, damage to a person’s work area or property; • Gesture Bullying: non-verbal threatening gestures, glances which can convey threatening mes- sages; and • Exclusion: socially or physically excluding or disregarding a person in work-related activities. In addition, the following examples may constitute or contribute to evidence of bullying in the work- place: • Personal insults and use of offensive nicknames; • Using verbal or obscene gestures; • Unwanted physical contact, physical abuse or threats of abuse to an individual or an individual’s property (defacing or marking up property); • Spreading rumors and gossip regarding individuals; • Persistent singling out of one person in a negative manner; • Shouting, raising voice at an individual in public and/or in private; Public humiliation in any form; • Demeaning comments and public reprimands; • Not allowing the person to speak or express him/herself, one on one or in groups/meetings (i.e., ignoring or interrupting); • Deliberately excluding an individual or isolating them from work-related activities (meetings, etc.); • Constant criticism on matters unrelated or minimally related to the person’s job performance or description; • Repeatedly accusing someone of errors which cannot be documented; • Deliberately interfering with mail and other communications; • Encouraging others to disregard a supervisor’s instructions; • Manipulating the ability of someone to do their work (e.g., overloading, underloading, withhold- ing information, setting meaningless tasks, setting deadlines that cannot be met, giving deliberately ambiguous instructions); and • Repeatedly inflicting menial tasks not in keeping with the normal responsibilities of the job. 37 All City staff will be held accountable for their actions as well as their response to any such actions. Anyone with knowledge of such actions is required to report such information immediately to their super- visor or to the Division of Human Resources immediately. Failure to report or respond immediately to such actions may result in disciplinary action. G. WORKPLACE VIOLENCE The purpose of this policy is to ensure a safe workplace, reduce the risk of violence and provide guid- ance to employees, supervisors, and managers in the event that they encounter a situation that they believe could result in workplace violence. 1. Examples of Prohibited Behaviors The City does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. The following list provides examples of conduct that is prohibited: • Causing physical injury to another person; • Making threatening remarks; • Displaying aggressive or hostile behavior that creates a reasonable fear of injury to an- other person or subjects another individual to emotional distress; • Intentionally damaging employer property or property of another employee; • Committing acts motivated by, or related to, sexual harassment or domestic violence; or • Possessing a weapon while on company property or while on company business. Non-sworn employees are prohibited from possessing or using dangerous weapons and fire- arms at any time while on duty, on standby and while on City premises. Exceptions to this policy shall only be granted upon prior approval by the Chief of Police and the City Manager. Sworn employees in the Police and Fire Departments will follow their respective departmental policies regarding firearms and weapons. Any potentially dangerous situations must be immediately reported to a supervisor or the Divi- sion of Human Resources. Reports can be made anonymously, and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need to know basis. The following procedures should be used in dealing with potential violence: a. On the Job – there are situations where relationships between employees or between an employee and the supervisor result in strong negative feelings by the individuals in- volved. Any persons involved in situations where they fear that physical retaliation may occur, or where someone has made verbal threats of physical violence, should immedi- ately discuss it with their supervisor (or with management, if the supervisor is involved). b. Dealing with the Public – Similar situations could occur in employee contacts with the public. While the City has a strong commitment to customer service, the City does not intend for employees to be subjected to continuous verbal or physical abuse by custom- ers. As in item number 1 above, any persons involved in situations where they fear that 38 physical retaliation may occur, or where someone has made verbal threats of physical violence, should immediately discuss it with their supervisor. Further concern over the possibility of physical violence should be immediately discussed with management and reported to the Police Department. 2. Management Actions When any of the above situations is brought to the attention of department management, an evaluation of the severity of the situation must be made immediately. If it is concluded that there is a likelihood that violence could result, management shall: • Discuss the situation with employees who are likely to come in contact with the subject. Provide a description of the subject and instructions on actions to be taken if the subject comes to the work site. • Contact the Division of Human Resources and provide information on steps being taken. If the subject is scheduled to be at the work site and the department feels that security is required, the Division of Human Resources will make arrangements with the Police Department. • In all cases, if there is an immediate need for Police Department intervention, call 911. If an employee has made a threat of violence, has initiated a violent act, or has violated the policy regarding firearms and weapons, management will take disciplinary action, up to and including, termination. H. REASONABLE ACCOMMODATION The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) are federal laws that prohibits employers with 15 or more employees from discriminating against applicants and individuals with disabilities and, when needed, to provide reasonable accom- modations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. The California Fair Employment and Housing Act (FEHA) is a state law that makes in unlawful for an employer with five (5) or more employees to discriminate against individuals with disabilities by engaging in prohibiting em- ployment practices and requires employers to provide reasonable accommodation for individuals with known disabilities. A reasonable accommodation includes any changes to the work environment and may include making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, telecommuting, reassignment to a vacant po- sition, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. It is the policy of the City to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the City’s policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. 39 1. Procedures When an individual with a disability requests accommodation and can be reasonably accom- modated without creating an undue hardship or causing a direct threat to workplace safety, he or she will be given the same consideration for employment as any other applicant. Applicants who pose a direct threat to the health, safety and well-being of themselves or others in the workplace and the threat cannot be eliminated by reasonable accommodation, will be found unqualified and will not be hired. The City will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job, unless doing so causes a direct threat to these individ- uals or others in the workplace and the threat cannot be eliminated by reasonable accommodation, or if the accommodation creates an undue hardship to the City. An undue hardship is an action requiring significant difficulty or expense by the employer. In determining whether an accommodation would impose an undue hardship on a covered entity, the follow- ing factors should be considered: • The nature and cost of the accommodation; • The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of people employed at such facility, the effect on expenses and resources, or the impact of such accommodation on the operation of the facility; • The overall financial resources of the employer including the size, number, type and lo- cation of facilities; and • The type of operations of the company, including the composition, structure and func- tions of the workforce; administrative or fiscal relationship of the particular facility involved in making the accommodation to the employer. • The geographic separateness, administrative or fiscal relationship of the facility or facil- ities involved. (California Government Code Section 12926 (u).) The Division of Human Resources is responsible for implementing this policy, including the resolution of reasonable accommodation, safety/direct threat and undue hardship issues. An employee or applicant who desires a reasonable accommodation should make such a request in writing to the Division of Human Resources. The request must include: 1) the job-related functions that need accommodation; and 2) the desired reasonable accommodation. Following receipt of the request, the Division of Human Resources will respond to the individual and schedule a meeting with the individual. The Division of Human Resources may require that the indi- vidual undergo a fitness for duty examination to determine whether the individual can perform the essential functions of the job with or without accommodation. The Division of Human Resources may require that this examination be conducted by a city-approved physician. Whether a reasonable ac- commodation can be made and the type of accommodation provided shall be determined by the 40 Division of Human Resources after engaging in the interactive process with the employee and the ap- propriate supervisor, manager, or Department Director. The outcome of the interactive process and any accommodations made will be provided to the employee in writing. An employee or applicant who believes he/she has been denied a reasonable accommodation may file a complaint with the City Manager. The City Manager’s determination will be final with respect to the City. I. FITNESS FOR DUTY EXAMINATIONS The City is committed to maintaining a safe and productive workplace. In order to provide a safe work environment, employees must be able to perform their jobs in a safe, secure, productive, and effective manner and remain able to do so throughout the entire course of their employment. Employees who are not fit for duty may present a safety hazard to themselves, to other employees, the City, or the public. The purpose of this policy is to establish procedures by which the City will evaluate an employee’s fitness for duty. A fitness for duty examination may be required when: • An employee’s conduct creates a reasonable belief that a threat to the health or safety of the employee or others exists; or • There is objective evidence that the employee cannot perform the essential job functions. The City may require that the fitness for duty exam be conducted by a City approved physician. The City will pay for an exam that it initiates under this policy and the exam will take place while the em- ployee is in paid status. Any information obtained from a fitness for duty examination will be kept confidential in accordance with applicable law. J. EMPLOYEE DRESS STANDARDS The City strives to maintain a workplace environment that is well functioning, free from unnecessary distractions and conveys a high degree of professionalism. All employees are expected to present a professional, businesslike image to customers and the public. Clothing and appearance shall be neat, clean, and in good taste. Employees shall dress in accordance with general standards and guidelines designed to promote professionalism in the workplace. Dress shall be suitable for both the work loca- tion and the job duties. Clothing Business casual attire is expected of all employees. Basic elements of appropriate and professional business attire include clothing that is in neat and clean condition. Business casual dress is defined as the following: • Casual shirts: all shirts with collars, business casual crewneck or V-neck shirts, blouses, sweaters, golf and polo shirts. Examples of inappropriate shirts include t-shirts, shirts with inappropriate slogans or graphics, tank tops, muscle shirts, halter tops, spaghetti straps or strapless shirts. 41 • Pants: khakis, slacks, trousers and jeans without holes or frays. Examples of inappropriate pants include shorts, sweatpants, or exercise wear. • Shoes: slip on or tie shoes, deck shoes, dress sandals, clean athletic shoes, heels. Examples of inappropriate shoes include flip flops or thongs or crocs. Appropriate workplace attire does not include clothing that is too tight or revealing, clothing with rips or tears, or any extreme style or fashion in dress, footwear, accessories, or fragrances. At times, employees may be required to dress in professional business attire which would include dress shirts with ties, suits, slacks, skirts, or dresses. Jewelry and Tattoos The City recognizes that personal appearance is an important element of self-expression and strives not to control or dictate employee appearance. The city expects all employees to exercise appropriate judgment with regard to personal appearance, dress, and grooming. The City allows reasonable self- expression through personal appearance, such as jewelry and tattoos, unless it conflicts with an em- ployee’s ability to perform their job effectively or it is regarded as offensive or harassing towards others. Factors that management may consider when determining whether jewelry or tattoos pose a conflict with the employee’s job or work environment include: • Personal safety of self or others or damage to public property; • Productivity or work performance; • Offensiveness to co-workers, customers, vendors, or others in the workplace; • Customer complaints; Reasonable Accommodation of Religious Beliefs The City recognizes the importance of individually held religious beliefs. The City will reasonably accommodate an employee’s religious beliefs in terms of workplace attire unless the accommodation creates an undue hardship. Accommodation of religious beliefs in terms of attire may be difficult in light of safety issues. Employees seeking an accommodation for workplace attire based on religious beliefs should contact the Division of Human Resources. Exceptions in the dress standards may be made to accommodate special assignments and/or work conditions. All exceptions shall be approved in advance by the Department Director. Employees who do not meet dress standards may be sent home to change and will be required to use accruals or not be paid for that time off. K. UNIFORMS Uniforms shall be required for designated field personnel to ensure City employees may be easily iden- tified and recognized as such. Employees designated to wear a uniform represent the City of Redlands. In order to present an exemplary image to the public, employees shall follow these general guidelines: • Uniforms shall be neat, clean and properly maintained. • Faded, worn and/or stained uniforms shall not be worn on duty and shall be replaced. • Uniform shirts shall be tucked into pants. 42 • Outer garments shall bear City identification, such as City patches or lettering. Temporary cloth- ing such as disposable coveralls and raingear are exempt from the identification requirement. • Hats shall be City of Redlands uniform hats and shall be worn with the bill facing the front. • The use of headbands, bandanas and other head gear shall be approved by the supervisor prior to being worn. Generally, supervisors shall approve items that are clean, neat and in a neutral color. • Short pants may be worn at any time during the year, provided that wearing them does not present a safety hazard. Short pants shall be uniform shorts only. Jean shorts, exercise shorts or any other type of non-uniform shorts are unacceptable. Boxer shorts, spandex exercise pants and/or other clothing items shall not be seen extending above or below the short pants. • When short pants are worn, socks shall be white or a color which matches the City uniform. Socks shall not extend above the boot more than two inches. • Long sleeved shirts shall not be worn under short sleeved uniform shirts. Tee shirts may be worn under uniform shirts however, the sleeve cannot extend beyond the sleeve of the uniform shirt. • Upon separation of employment with the City, the employee shall return all City-owned uni- forms in their possession to their supervisor in a clean condition, ready to wear, prior to receipt of their final paycheck. • Any modifications to the uniform must be approved by the Department Director and reviewed by the Division of Human Resources for consistency purposes. 1. Wear Departments Heads shall determine which job classifications and/or divisions are designated to wear City uniforms. Employees in these job classifications and divisions shall wear City uniforms during standard working hours. Uniforms shall be worn if an employee is called back to work from their off-duty period. If a full uniform is not available at the time the employee is called out, the employee shall wear some other type of identification such as a badge, jacket or hat with City patches, etc. City uniforms and any recognizable portion of a City uniform (i.e., anything with a badge, patch, or City of Redlands designation) shall not be worn for anything other than official City business. Em- ployees shall be aware of public perception and the assumption that uniformed personnel are on duty. 2. Responsibility It is the responsibility of the Department Director to ensure the Uniform Policy is understood and adhered to by all department employees required to wear uniforms. This Uniform Policy shall be made available to all civilian employees required to wear a uniform. It is the responsibility of the employee to ensure the items issued and worn are in compliance with this policy. Employees who do not adhere to the provisions contained in this policy may be subject to discipli- nary action. Any proposed disciplinary action related to this policy for non-sworn employees must be reviewed by the Division of Human Resources prior to the action being taken to ensure con- sistency. Modifications to the uniform which are requested by the employee and approved by the Department Director must be paid for by the employee. 43 3. Safety Department Directors may establish standards which are stricter than those contained within this policy for safety reasons. An example of this would be the requirement of steel-toed boots or hard- soled shoes for specific classifications. Department Directors and their designees may also require that safety gear or equipment be worn, such as hard hats or reflective arm bands. Purchase: All uniforms shall be ordered and/or purchased through the City. 4. Allowance Any uniform or boot allowance shall be paid in accordance with the appropriate employee’s Mem- orandum of Understanding. L. IDENTIFICATION BADGES/CARDS The City of Redlands believes it is important to maintain a safe and professional work environment. For this reason, all employees will be provided and shall carry a City-issued badge or identification card at all times while on duty. Human Resources shall issue identification cards to employees on or before the first day of employment. Safety employees may be provided their badges and/or identification cards by the Police or Fire department. If part of a uniform, badges shall be worn in accordance with department policy. Part time, temporary and intern employees may be required to display City identi- fication at all times when on duty. Employees shall be responsible for lost or misplaced badges and identification cards. The employee shall reimburse the City for the cost of replacement. Badges and identification cards shall be returned to the Division of Human Resources upon separation of employ- ment with the City. M. USE OF CITY VEHICLES AND AUTOMOTIVE EQUIPMENT The purpose of this policy is to establish procedures for the use, care and non-emergency operation of City-owned vehicles and automotive equipment. City vehicles and equipment shall only be operated by authorized City employees and volunteers. 1. Licenses Authorized City employees and volunteers must possess an appropriate and valid California driver’s license for the designated vehicle and/or equipment they operate. Supervisors shall be responsible for ensuring that their employees have a current license. 2. Assignment of Vehicles and Equipment The City Manager or their designee shall assign vehicles and equipment to departments based upon City and department needs. New vehicles and equipment shall be approved by the City Council through the budget process or during a regular City Council meeting. If more than one department requests an available vehicle or piece of equipment, each Depart- ment Director shall justify their need in writing to the City Manager. The City Manager shall make the final determination. If the City Manager decides that a vehicle or piece of equipment no longer meets the needs of the assigned department but may be of use to another depart- ment, a transfer may be made. 44 The transfer of vehicles and/or equipment from one department to another shall be coordi- nated through the Facilities and Community Services Department and approved by the City Manager. The City Manager may dispose of vehicles and equipment no longer meeting the needs of the City. 3. Safe Operation of Vehicles and Equipment Employees/volunteers using City vehicles and automotive equipment shall be held individually responsible for the safe operation of the vehicles and equipment which they are using. Employees and volunteers operating City vehicles and equipment shall do so in a reasonable and prudent manner, having due regard for street surfaces and other conditions which may affect safe operation. Employees and volunteers shall operate vehicles and equipment in ac- cordance with City and department policies and provisions of the California Vehicle Code. Employees shall accept full responsibility for fines incurred as a result of any driving, parking and/or other traffic violations. 4. Use of Seat Belts It is the intent of the City of Redlands to provide the safest environment possible for employees and/or volunteers using vehicles and equipment in the course of their employment. No em- ployee or volunteer shall operate or ride in any vehicle or equipment without being properly secured in a seat belt. Employees and/or volunteers shall adjust safety restraint devices so they are comfortable yet provide maximum protection in the event of an accident. Police, Fire, and Solid Waste employees shall use seat belts in accordance with the California Vehicle Code, department standard operating procedures, and other legislation pertaining to the use of seat belts. 5. Use of Cellular Phones and Radios Employees shall refrain from talking or texting on hand-held cellular phones and radios while operating vehicles and equipment. When communication is necessary due to emergency or other work-related circumstances, employees shall park and stop the vehicle/equipment prior to using the communication device. Exceptions may be made for Police and Fire personnel. 6. Inspection of Vehicles and Equipment: The procedure for ensuring proper operation and maintenance of vehicles and equipment is as follows: a. The Department Director shall designate supervisory personnel to be accountable for all vehicles and equipment assigned to the department. The supervisor(s) shall be responsible for assigning the vehicles and equipment to a job site, project or em- ployee. Non-supervisory employees do not have authorization to assign equipment and vehicles to others. b. Supervisors shall instruct employees on the safe operation and preventive mainte- nance requirements for the vehicle or equipment to be utilized. c. Supervisors shall ensure that employees have the proper training and certification required for assigned vehicles and equipment. 45 d. Employees shall conduct daily inspections of assigned vehicles and equipment as re- quired by the Department of Transportation regulations. Inspections shall occur at the beginning of each shift when vehicles and equipment will be utilized. e. Employees shall complete a department inspection report documenting the follow- ing: visible damage, safety items, service needs and maintenance requirements. These inspection reports shall be submitted to the supervisor immediately following the inspection. f. The supervisor shall be responsible for reviewing the inspection reports and taking appropriate action. 7. Maintenance of Vehicles and Equipment Employees shall be responsible for the care, cleanliness (exterior and interior) and general maintenance of assigned vehicles and equipment. • The City shall provide supplies necessary for the care, cleaning and maintenance of ve- hicles and equipment. • Supervisors shall allow employees to perform care, cleaning and minor maintenance tasks while on duty. • Employees shall make periodic inspections of all fluid levels and correct any deficiencies. • Supervisors shall make weekly inspections of the vehicles and equipment assigned to subordinates to ensure they are being maintained according to policy. • Supervisors shall ensure employees adhere to the routine service and maintenance schedules established by the Equipment Maintenance Division. • Employees shall complete the appropriate Equipment Maintenance forms to describe service needs and requested repairs when leaving vehicles and equipment for service at the City Garage. Forms shall be submitted to a supervising mechanic. • Vehicles and equipment requiring warranty service shall be taken to the City Garage where authorized personnel shall arrange appropriate service. • No modifications shall be made, or accessories added, to City vehicles and/or equipment without the express authorization from the department supervisor, Equipment Mainte- nance Superintendent and City Manager. • All vehicles and equipment shall be secured by removing keys, closing windows, and locking doors prior to storing at the Corporate Yard and other facilities. 8. Accidents Involving Vehicles and Equipment Accidents involving City vehicles and equipment shall be reported as follows: a. Accidents shall be reported to the appropriate law enforcement agency, if neces- sary, to Human Resources/Risk Management and to the department supervisor immediately. b. Employees shall complete the City’s Incident, Accident, and Injury Form and submit it to the supervisor. c. The supervisor, upon receipt of the employee’s accident report, shall review the re- port, investigate the facts, and complete the Supervisor’s Accident Investigation Form, and submit a recommendation along with the completed employee’s Inci- dent, Accident, and Injury Form to Human Resources/Risk Management within twenty-four (24) hours. 46 d. Any damage resulting to vehicles and equipment, other than an accident, shall be reported to the department supervisor immediately and shall be subject to the same procedure as accidents. e. Damage to City vehicles and equipment due to negligence, unsafe driving or opera- tion, or damage due to willful misconduct by an employee may be cause for disciplinary action up to, and including, termination. 9. Use of Vehicles and Equipment Employees may be assigned vehicles and/or equipment for use during standard business hours to conduct official City business. Employees may need to utilize vehicles to attend official functions inside and outside of the city limits. Employees shall not use City vehicles and equipment outside the City without prior au- thorization from the Department Director. Vehicles and equipment may be used after hours to conduct official City business. After hours employees may use City vehicles as transportation from their residence to the assigned work site and back to the residence. 10. Use of Private Vehicles Private vehicles shall not be used for work-related activities without the permission of the De- partment Director or designee. 11. Personal Use of Vehicles and Equipment City vehicles and equipment shall only be used for work-related purposes and shall not be used for personal errands or transport. Exceptions may be made by the City Manager or through an approved and fully executed Memorandum of Understanding. City vehicles and equipment may be authorized for take-home use in accordance with the fol- lowing criteria: a. The authorization for the take-home use of City vehicles and equipment shall be based on operational need. b. The City Manager shall authorize all take home use of City vehicles and equipment not otherwise permitted by an approved and fully executed Memorandum of Un- derstanding. c. Safety personnel and other employees responding to emergencies may be pro- vided with City vehicles that have specific equipment. Such take home assignments are regarded as a requirement of the job and shall be identified by the Department Director and City Manager. d. The City Manager may discontinue the use of a take home vehicle assignment upon finding that the position and responsibility of the position no longer requires such usage, or that such usage is not in the best interest of the City, including that the employee is not complying with the requirements of this policy. e. An employee who is authorized to take home a City vehicle and/or equipment shall make reasonable efforts to protect the vehicle and/or equipment against 47 loss and/or damage. This may include the removal of portable equipment from the interior of the vehicle. f. Employees must account to the City for the authorized personal use of City vehi- cles. The usage must be substantiated (for example, mileage), the time and place of the travel, and the purpose of the travel. Written records made at the time of each use are the best evidence. All personal use of a City-provided vehicle will be included in employee wages per Internal Revenue Code Sections 123 and 611. This paragraph is not applicable to sworn safety units. 12. Regular Take Home Authorization and Assignment Regular or permanent take-home authorization of City vehicles and equipment, not otherwise per- mitted by an approved and fully executed Memorandum of Understanding, shall be approved by the City Manager and based on the following criteria: a. The employee resides within forty (40) miles of the Redlands City Limits. Em- ployees currently assigned a take home vehicle will be grandfathered at the time of adoption of these rules and regulations. b. The employee is regularly and frequently subject to call for emergency response, has specific expertise and must respond with a specially equipped vehicle. c. The employee provides regular and frequent off duty supervision where no sub- ordinate has been designated to act. d. An employee who, on an average of fifty (50%) of the standard work week, is required to begin or end daily work activities at sites other than the permanent work station. e. There is a specialized assignment, approved by the City Manager and Depart- ment Director, requiring the use of City vehicles and/or equipment. f. Employees may not use City-provided vehicles for personal purposes, other than commuting or de minimis personal use. Employees shall be responsible for use of the vehicle in compliance with City and department policies and procedures. g. Employees must account to the City for the regular take home of City vehicles. The usage must be substantiated (for example, mileage), the time and place of the travel, and the purpose of the travel. Written records made at the time of each use are the best evidence. All personal use of a City-provided vehicle will be included in employee wages per Internal Revenue Code Sections 123 and 611. This paragraph not applicable to sworn safety units. 13. Temporary Take Home Authorization and Assignment Temporary take home authorization of City vehicles and equipment shall be approved by the De- partment Director in accordance with the following criteria: a. The temporary assignment of City vehicles and equipment for take home use shall not exceed thirty (30) days. b. The employee resides within forty (40) miles of the City Limits of Redlands. c. The employee is assigned to “Stand By” or “On Call” status, as defined in respec- tive Memoranda of Understanding, for emergency response, has specific expertise and must respond with a specially equipped vehicle. d. There is a temporary or specialized assignment, approved by the Department Director, requiring the use of City vehicles and/or equipment. 48 14. Miscellaneous This policy does not preclude departments from implementing additional, department-specific pol- icies and procedures related to the use of City vehicles and equipment. The use of tobacco products, in all forms, is prohibited in City vehicles and equipment. Any violation of this policy is subject to disciplinary action, up to and including termination. N. TRAVEL AND EXPENSE REIMBURSEMENT POLICY 1. Overview It is the policy of the City of Redlands to reimburse staff for reasonable and necessary expenses incurred in connection with approved travel on behalf of the City. The City strongly encourages employees to book travel in advance and to utilize travel discounts when making travel arrange- ments. Employees seeking reimbursement should incur the lowest reasonable travel expenses and ex- ercise care to avoid impropriety or the appearance of impropriety. Reimbursement is allowed only when reimbursement has not been, or will not be, received from other sources. If a cir- cumstance arises that is not specifically covered in this travel policy, then the most conservative course of action should be taken. Travel Includes: • Attendance at workshops, seminars, conventions, conferences, or other meetings of interest to the City and/or authorized travel for any purpose in connection with of- ficial City responsibilities. Approval: • All travel must be approved in advance by the employee’s Department Director or their designee. This process must be documented by completing a Training/Travel Request Form if the cost of training/travel is estimated to exceed $500. • When the Employee is a Department Director, City Attorney, City Clerk, or City Treasurer, the travel must be approved by the City Manager or their designee. City Manager or Council Member travel must be approved by a member of the City Council. • All out of country travel by City employees, including Department Directors, ap- pointed, and elected officials, requires the approval of the City Council in an open meeting. 2. Compensation While Traveling Non-exempt employees shall be paid their hourly rate as hours worked while they are traveling (whether by automobile, airplane, train, etc.) for City-approved, job-related purposes. Non- exempt employees will be paid their hourly rate for actual hours spent in training and for travel time. When a non-exempt employee is not required to report to their regular employment site on a day he/she attends City-approved training, paid travel time shall be calculated as the lesser 49 of the time spent travelling from the non-exempt employee’s residence to the training site and back or the time spent traveling from their regular employment site to the training site and back. If the non-exempt employee is required to report to their regular employment site on a day he/she attends City-approved training, paid travel time shall be calculated as the time spent traveling from their regular employment site to the training site and back, regardless of where the non-exempt employee resides. 3. Authorization and Responsibility Employee travel must be authorized, and employees should verify that their travel is eligible for reimbursement before making travel arrangements. Employees should utilize the Training and Travel Request Form. Within sixty (60) calendar days of travel completion, employees must submit an Expense Reim- bursement Claim Form with original receipts and supporting documentation. The Expense Reimbursement Claim Form must be signed by the Department Director or desig- nated authority. Designated approval authorities are required to review expenditures and withhold reimbursement if there is a reason to believe that the expenditures are inappropriate or extravagant. Employees should review this policy before spending personal funds for City travel to determine if such expenses are reimbursable. The City reserves the right to deny reimbursement of travel- related expenses for failure to comply with this policy. 4. Vacation in conjunction with business travel In cases where an employee is utilizing vacation time in conjunction with City-related travel, any cost variance in airfare, car rental or lodging must be clearly identified on the Expense Re- imbursement Claim Form. The City will not prepay any personal expenses with the intention of being “repaid” at a later time, nor will any personal expenses be reimbursed; only expenses incurred during the dates of City-related travel will be reimbursed. 5. Permissible prepaid travel expenses Before leaving on travel, the City may issue prepayments for the following expenses: • airfare • rail transportation • conference registration fees Employee may also request advance per diem allowance to cover meals and incidental ex- penses during travel as defined in Section H. The request must be submitted to Finance for processing no earlier than four (4) weeks prior to departure date. If the employee has received a prepayment and is unable to attend the event, they are required to request a refund of all prepaid expenses. The Department Director or designated authority are responsible for ensuring that employees request refunds for all prepaid expenses. The City reserves the right to request reimbursement from employees for all non-refundable prepaid expenses. Employees have a minimum of thirty (30) calendar days to reimburse the City for any non-refundable prepaid expenses. 50 If the employee has received an advance per diem allowance but is unable to attend or complete the event, he/she should refund the City for the unused portion of the per diem allowance within thirty (30) days after the event date or his/her return. The Department Director or designated authority are responsible for informing Finance Department in writing of the impending refund and the amount owed to the City. Failure of the City employee to refund the unused portion within thirty (30) days after the event date or his/her return will cause the City to recover the amount via payroll deduction on the employee’s next paycheck. If a City employee who received a prepayment attends the event or completes the required travel for work and there is any unused portion of the prepayment remaining, the employee will refund to the City the unused portion within thirty (30) days after the event date or his/her return. Failure to do so will cause the City to recover the amount via payroll deduction on the employee’s next paycheck. Permissible prepaid travel expenses must be reconciled within 30 days upon the conclusion of the event or the employee’s return, whichever is sooner. 6. Reimbursable Expenses Reimbursement requests for travel expenses are submitted on an Expense Reimbursement Claim form signed by the designated approval authority and accompanied by the following (if applicable): • Approved Training and Travel Request Form; • Itemized expense receipts; • Internet map showing route and miles traveled; • Event brochure or flyer; • GSA Meals & Incidentals Breakdown for destination; and • Listing of prepaid travel expenses; All original itemized receipts must be attached, with the exception of per diem allowances, as well as a copy of the event schedule (if applicable). If a City employee has lost a receipt or unable to obtain an itemized receipt for a travel-related expense, a memo signed by their de- partment head is required. These forms must be submitted to the Finance Division within sixty (60) calendar days after the travel is completed. Forms not submitted within this time frame require exception approval from the Management Service Director or City Manager or their designee. Reimbursement of travel expenses is based on documentation of reasonable and actual ex- penses supported by the original, itemized receipts. The City will reimburse travel expenses for the most efficient and economical mode of transportation. Reimbursements that may be paid by the City are shown below. 51 Airfare. An original itemized airline receipt, an e-ticket receipt/statement or an Internet re- ceipt/statement is required. The receipt must show the method of payment and indicate that payment was made. Employees are expected to obtain the lowest available airfare that reasonably meets business travel needs. Airfare should be booked for economy/coach class only; Business or First class is not reimbursable. Upgrades are not reimbursable. Employees are encouraged to book flights at least 30 days in advance to avoid premium pricing. If the airline charges additional charges for checked luggage, only the cost of the first checked bag will be reimbursed. Rail transportation. The City will pay for rail transportation provided that the cost does not exceed the cost of the least expensive airfare. An original itemized receipt, original e-ticket receipt/statement or Internet receipt/statement is required. The receipt must show the method of payment and indicate that payment was made. Mileage. Reimbursement for use of a personal automobile is based on the current reimburse- ment rate determined by the Internal Revenue Service. Mileage reimbursement is granted only when employees are required to use their personal vehicle in connection with their assignment and in the performance of their duties. An Expense Reimbursement Claim Form must be sub- mitted to the Finance Department to receive mileage reimbursement. Attached should be a copy of an internet map showing the route and mileage traveled. Reimbursable mileage will be based on the estimated most direct or fastest google map route and shall be calculated from the primary worksite of the employee to the various destinations and return to the primary worksite. In the event an employee does not visit the regular place of work on their scheduled workday, mileage shall be reimbursed for any miles that exceed the employee’s normal commute. Employee must then submit an internet map showing route and miles from home to work, point of origin to point of destination, and return trip to point of origin. A valid driver’s license issued within the United States and personal automobile insurance are required for expenses to be reimbursed. Drivers should be aware of the extent of coverage (if any) provided by his or her automobile insurance company for travel that is business or not personal in nature. Automobile Rental. Reimbursement for a commercial rental vehicle as a primary mode of trans- portation is authorized only if the rental vehicle is more economical than any other type of public transportation, or if the destination is not otherwise accessible. The City authorizes reimbursement for the most economic vehicles available (economy or midsize). The itemized rental agreement must clearly show the date and the points of depar- ture/arrival, as well as the total cost. Drivers must adhere to the rental requirements, and restrictions must be followed. Original receipts are required. 52 When vehicle rentals are necessary, the City encourages Employees to purchase collision dam- age waiver (CDW) and loss damage waiver (LDW) coverage. The City will reimburse the cost of CDW and LDW coverage; all other insurance reimbursements will be denied. Drivers should be aware of the extent of a coverage (if any) provided by his or her automobile insurance company for travel that is business or not personal in nature. Employees are strongly encouraged to fill the gas tank before returning the vehicle to the rental agency to avoid service fees and more expensive fuel rates. Conference registration fees. The City will reimburse these fees, including business-related banquets or meals that are part of the conference registration. Original receipts to support the payment are required. If the conference does not provide a receipt, then a brochure along with a cancelled check, credit card slip/statement or documentation that the amount was paid is required for reimbursement. A prorated amount for the meals provided must be deducted from the Employee’s per diem. See Meals (per diem) for more detail. Entertainment activities such as golf outings and sight- seeing tours will not be reimbursed. Lodging. The cost of overnight lodging (room rate and tax only) will be reimbursed to the em- ployee if the authorized travel is 50 miles or more from the employee’s home or primary worksite. Exceptions to this restriction may be approved in writing by the Department Director, City Manager, or his/he designee. The City will reimburse lodging expenses at reasonable, single occupancy or standard business room rates. Only single room rates are authorized for payment or reimbursement unless the second party represents the agency in an authorized capacity. If the lodging receipt shows more than a single occupancy, the single room rate must be noted. If reimbursement for more than the single room rate is requested, the name of the second person must be included. The lodging receipt must be itemized listing all expenses. Meals and Incidentals (Per Diem). Per Diem reimbursement will be issued for meals and inci- dentals for travel that is fifty (50) miles or more from the employee’s primary worksite. For one day travel in excess of fifty (50) miles, seventy-five (75%) of the applicable GSA daily per diem rate will be provided. The City’s per diem rates are based on the U.S. General Services Administration Guidelines, which vary by location. The rates are listed online at www.gsa.gov. In addition to meals these rates include incidental expenses such as service tips (e.g., housekeeping or porter tips). Inci- dental expenses, unless specifically cited in this policy, will not be reimbursed. The maximum reimbursable gratuity for meals is twenty percent (20%) of allowable meal ex- penses and taxes. For the first and last days of travel, seventy-five percent (75%) of the applicable GSA daily per diem rates will apply. This will also apply to all multi-day travels not requiring an overnight stay. If meal is provided on the first and/or last day of travel, the City will deduct the entire allocated meal cost from the decreased per diem rate in accordance with the GSA requirement and Code of Federal Regulations (CFR) 41.301-11.18. 53 Receipts are not required for per diem allowances. Business Meals and Expenses. Employees are allowed reimbursement for meals and various business expenses when the opportunity to discuss the City’s concern with state and federal officials, participating in regional, state and national organizations whose activities affect the City, or promoting public service and morale by recognizing such service. Business expense reimbursements must be an authorized expense in benefit of the City. Parking and Tolls. Original receipts are required for parking fees and tolls (including airport parking). The lodging bill can be used as a receipt when charges are included as part of the overnight stay. If, in lieu of parking at the airport, the City employee obtains a ride to and from the airport, the cost of the mileage for both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long-term parking for the required travel period. Miscellaneous transportation. Original itemized receipts are required for taxi, bus, subway, metro, ferry, rideshare, and other modes of transportation. Visa, passport fees and immunizations. If these items are required for international travel, their reimbursement is left to the discretion of the Department Director. If approved by the desig- nated authority, original itemized receipts are required. 7. Non-reimbursable Travel Expenses The following items that may be associated with business travel will not be reimbursed by the City: • Airline club memberships; • Airline upgrades and excess baggage; • Alcohol; • Business or First Class airfare; • Childcare, babysitting, house-sitting, or pet-sitting/kennel charges; • Commuting between home and the primary work location; • Costs incurred by employee’s failure to cancel travel or hotel reservations in a timely fashion; • Evening or formal wear expenses; • General use clothing; • Haircuts and personal grooming; • Laundry and dry cleaning; • Lost luggage and personal items; • Passports, vaccinations and visas when not required as a specific and necessary condition of the travel assignment; • Personal entertainment expenses, including in-flight movies, headsets, health club facilities, hotel pay-per-view movies, in-theater movies, social activities and related incidental costs; • Repairs to personal vehicles; • Travel accident insurance premiums or purchase of additional travel insurance; • Valet parking, unless the hotel or venue prohibits guests from parking their own vehicles; • Traffic and/or parking violation fines; or • Other expenses not directly related to City related travel. 54 8. Travel for Non-Employees Additional costs for travel, lodging, meals or other travel expenses for spouses or other family members will not be reimbursed. O. CREDIT CARD POLICY The City of Redlands uses a variety of methods for the purchase of goods and services, including petty cash, purchase orders, and disbursement vouchers, along with credit cards, which are overseen by ei- ther the City Manager’s Office or purchasing depending on the type of card. Processing purchase orders is not cost effective for low dollar value goods. Occasionally suppliers will not accept a purchase order which makes the use of a credit card more efficient. In addition, credit cards will allow Cardholders to take advantage of short-term sale discounts and to make purchases and/or reservations by phone and the internet. The purpose of this policy is to identify which employees would be eligible to be Card- holders to make these types of purchases for the City, as well as the proper use and documentation required when the City-issued credit cards and gas cards are used for City business. A City of Redlands credit card will only be issued to specifically identified employees who, because of their job duties, have been approved to be Cardholders by their Department Directors. Only those em- ployees who make specific purchases allowable under this policy for their Department will be issued credit cards. The City credit card program is overseen by the City Manager’s office and purchasing, and allows oversight of such purchases by Department Directors and reconciliation by the Finance Division. Verification of all purchases is required by each Cardholder, with signature approval performed by the Cardholder's Supervisor and/or Department Director. All credit card purchases are reviewed monthly by the applicable Department Director and the Management Services Department's Finance Division. 1. Roles and responsibilities City Manager’s office • Authorizes and issues new credit cards to approved city employees. • Arranges credit or transaction-level limits for individual cards. • Serves as liaison between department contacts and issuing bank. Purchasing • Oversee the issuance and use of store cards • Serves as liaison between department contacts and approves stores Department Directors/Authorized Cardholder • Ensures City issued credit card is used only for its intended purpose after obtaining proper authorization. • Retains receipts and provides explanation for all City Credit card transactions.  Maintains card in secure location and limits the use to employees who require a card for City business. • Authorizes and submits receipts and itemized monthly reconciliation to finance by specified due date. • Notifies the City Manager’s office of any fraudulent activity. Management services/Finance Division • Process payment for credit card invoices on a timely basis to avoid late payment charges. 55 • Distributes monthly credit card statements to department contacts for charge recon- ciliation and approval. • Ensures that all credit card transactions are properly authorized with adequate receipt documentation and signatures. 2. Authorized Cards a. Credit Cards/Store Cards Redlands City Manager’s office and purchasing are designated as the City’s credit card co- ordinators. They contract with a Card Issuer in connection with the City’s Purchasing Guidelines to acquire the credit cards for specifically identified employees. The Card Issuer will have no individual Cardholder information other than the Cardholder's work address. No credit records, social security numbers, etc., are maintained by Card Issuer, and will not have any impact on the Cardholder's personal credit. City-issued Credit Cards can only be used by the individual to whom it has been issued. b. Gas Cards Gas cards will be issued to authorized employees in the Facilities and Community Services and Police Departments. Depending on the vendor, these cards may be issued in the City's name or in the specific name of an employee. Use by anyone other than the authorized Cardholder is prohibited. 3. Card Eligibility Under the guidance of the City Manager, Department Directors are responsible for identifying which employees should be issued a credit card or gas cards. The number of employees iden- tified to receive cards should be minimized and should be strictly limited to those who are required as part of their job duties to make purchases for their department pursuant to this policy. Limited-service temporary employees cannot be assigned a credit card, but may be authorized to use a gas card by their Supervisors and Department Director if necessitated by their job duties. 4. Card Issuance Department Directors shall make a request to the City Manager’s office/purchasing for the issu- ance of credit cards for an authorized employee. The City Manager's office will request a credit card for the approved employee and will ensure the employee reads and signs the City of Redlands Cardholder Agreement prior to taking possession of the credit card. Protection of credit cards. It is the authorized cardholder's responsibility to always safeguard the card and credit card number. If a cardholder suspects the loss, theft, or possibility of unauthorized use of the card, they should notify the appropriate card liaison as soon as possible. If a card is reported as lost or stolen, the City Manager's office, or designee, will contact the card issuer and may cancel or replace the credit card. 5. Cancellation An employee must return the assigned credit card to the City Manager's office/purchasing upon termination from employment, submitting their notice of separation from the City of Redlands, notice of transfer to another department, or loss of credit card privileges. 56 6. Card Usage City credit cards can be used for purchases of supplies, services, materials, or equipment. Card- holders must ensure that all purchases are budgeted and abide by the city purchasing guidelines. Allowable purchases include: • Supplies, services, materials, and goods up to the cardholder’s approved cycle credit limit for vendors that require payment prior to delivery of goods or services. • Gas, oil, and supplies for city vehicles. • Restaurants/meals- the maximum gratuity for meals is 20% of the meal expense and taxes. • Memberships for professional organizations that support a city employee’s assigned job duties. Receipts must also reflect the start and end date of membership. • Airline tickets, lodging, and vehicle rental for City personnel (City council, City Manager, other city employees) traveling on official City business for which they are not being reimbursed through the Travel and Expense Reimbursement Policy • Conference registrations fees • Incidental computer replacement parts such as keyboards, mouse, power strips etc. • Annual fees/ subscriptions that are broken down into a monthly charge and there is no monthly invoice. • Emergency purchases in accordance with the city’s purchasing guidelines Prohibited Purchases: The following types of purchases are prohibited by City policy: • Personal purchases of any kind including those for the personal benefit of another in- dividual • Gift cards, without prior approval of a Department Director • Entertainment • Cash advances • Weapons and ammunition • Alcoholic beverages • Capital Equipment (any 1 item over $5,000 limit per city Policy) coded to 8000 object code series. • Invoices for supplies, goods, and services from vendors that have been set up through accounts payable and may require 1099 at the end of the year. • Unauthorized computer equipment including all printers, cell phones, tablets, laptop computers, computer memory, external hard drives, or software of any kind that is li- censed or requires installation by the IT department. Purchases of this nature, that have been previously approved by the IT Division, may be made by credit card but should be coordinated through that division ahead of time. 57 Misuse of card. Under no circumstances is a cardholder permitted to use the city credit card for personal purchases. Personal purchases are defined as the purchase of goods or services intended for non-work-related use or for uses other than official City business. Cardholders that uninten- tionally violate this rule shall notify the finance division, complete the required documentation, and reimburse the City immediately. Cardholders who consistently violate the prohibited purchases section of the credit card policy intentionally or unintentionally shall be subject to disciplinary action, up to and including losing credit card privileges and other appropriate measures. 7. Reconciliation At the end of each credit card statement cycle, the Finance Division will forward the credit card statement and expense reconciliation form to all cardholders and their appointed staff. Cardholders must provide to the Finance Division a reconciliation of their credit card charges, including all original receipts and signature approval by their Department Director. • Itemized receipts required -Every purchase must have a detailed itemized receipt. A credit card signature slip with only the amount charged is not considered sufficient documentation. Business meal receipts must also include the name(s) of the person(s) attending and the business objective. • Sales tax -The city is obligated to pay sales tax on all eligible (tangible property) pur- chases. Items purchased online using a credit card for which the city does not pay sales tax must be tracked and reported to the finance division on a quarterly basis. • Missing Receipt- In the event of a missing receipt, the cardholder must attempt to ob- tain a duplicate copy from the vendor. If a duplicate copy cannot be obtained, a memo with the director’s signature documenting the nature of the charge should be submit- ted in place of the missing receipt. • Credits- If the cardholder returns merchandise a credit should be issued to the card- holder’s credit card and a credit receipt must be obtained. Under no circumstances should a cardholder receive cash or a credit voucher. • Disputes-A cardholder should attempt to resolve a dispute or billing error directly with the vendor. If the vendor agrees to issue a credit, the cardholder must ensure that the credit for the reported disputed item(s) or billing error appears on the current or sub- sequent credit card statement cycle. Examples of transactions that should be disputed include: • Unauthorized charges • Differences between the amount authorized and the amount charged. • Duplicate charges • Failure to receive goods. • Returned goods that were not credited. • Fraudulent Charges- If a cardholder determines possible fraudulent charges on their card, they must promptly notify the credit card coordinator. The authorized individuals will report the fraudulent incident(s) to the credit card issuer. The card may be can- celed, and a new card and number may be issued to the cardholder. 58 P. RIDESHARE POLICY The City of Redlands developed a rideshare program in an effort to reduce the number of vehicles used for employee commutes to and from work. Reducing vehicle trips and mileage positively effects our air quality and traffic congestion. Rideshare includes carpool, vanpool, riding public transportation such as the bus or train, walking, cy- cling, and telecommuting. “Carpool” shall mean two or more City employees sharing a ride to and from a City facility. Rideshare shall also include commuting in a vehicle recognized by the State of California as being allowed access to high-occupancy vehicle (HOV) lanes. Employees utilizing this form of rideshare must provide proof of eligibility as requested by the Program Coordinator. 1. Provisions • Participation in the City Rideshare Program is voluntary. • This program is an honor system program. Once a participation form has been verified and approved, the Program Coordinator shall rely on the employee and their supervisor to accurately report all rideshare days on the employee’s time sheet. The Program Co- ordinator shall monitor, and audit rideshare reporting to ensure accuracy and compliance with program rules. • Enrollment shall be approved and processed by the Program Coordinator in order to receive rideshare benefits. All changes in participation shall be approved and updated by the Program Coordinator prior to recording and compensation on the time sheet. • Employees commuting in a City-provided and/or assigned vehicle are not eligible for rideshare incentives. • Reporting rideshare days on a timesheet is no different from reporting any other type of regular work hours or utilization of leave balances. Any false information reported on a timesheet for rideshare hours shall be treated in the same manner as any other falsification reported on a time sheet. • Failure to accurately record rideshare credit and use may result in the loss of rideshare privileges. In addition, intentional abuse of rideshare program rules and reporting re- quirements may result in disciplinary action up to and including, termination. • In order to be eligible for rideshare incentives, carpooling employees shall: • Rideshare to and from work for the workday in which incentives are being claimed; • Rideshare with another City employee; • The final destination of the carpool vehicle shall be a City facility for the commute to work, and the final destination of the carpool vehicle for the commute from work shall be a designated “park and ride” site or the ridesharing employee’s home. An em- ployee’s home may be designated as a rideshare site with approval by the Program Coordinator. • The total number of miles traveled by the carpool vehicle shall not exceed the total number of miles that would have been traveled had the employees commuted sepa- rately. 2. Incentives Employees will be eligible for incentives as determined by the City. 59 Employees who rideshare a designated number of times per quarter shall be eligible for quar- terly and/or annual drawings for additional incentives. 3. Required Forms All employees who wish to participate in this program and claim incentives shall complete the required forms with the Division of Human Resources. Q. RECEIPT OF GIFTS The City of Redlands recognizes that gifts or entertainment to employees may be viewed by the public as intending to influence judgment and could possibly cause an employee to be placed in a compro- mising situation. Therefore, it is the policy of the City to prohibit acceptance of gifts by City employees. While common sense on the part of employees regarding the acceptance of gifts is the most realistic control, it is helpful to have some specific guidelines to follow which interpret the City’s policy. The guidelines listed below are supplemental and in addition to the requirements of the Political Reform Act. 1. Donation of Gifts Gifts that are consumable or useable on the work premises should be returned to the donor in the spirit in which they were given with a thank you and explanation of why the employee can- not accept the gift as detailed in this policy. If it is not feasible to personally return the gift at the time it is given, the recipient employee may accept the gift upon the condition that the gift shall be donated to a Bonafide charitable organization by the employee. Examples of items which fall under this category include plants, candy, baked goods and similar items. An em- ployee who accepts a gift for subsequent donation must complete a gift receipt form within 15 working days. The form identifies the gift, its value, the date received, the donor, and the char- itable organization to which the gift was donated by the employee. For gifts which are accepted on the condition that they will subsequently be donated to a charitable organization, the em- ployee should keep one copy, and forward one copy, of the form to the City Manager’s Office for recording to ensure consistency for reporting purposes. 2. Return of Gifts All alcoholic beverages and other gifts which are not consumable or useable on work premises shall not be accepted and shall be returned to the donor in the spirit in which they were given. If the employee is given a prohibited gift, the employee should respectfully give the gift back with a thank you and an explanation of why the employee cannot accept the gift as detailed in this Policy. If it is not feasible to personally return the gift at the time it is given, the recipient employee shall send the gift back to the donor with a note explaining why it is being returned. 3. Exclusions This Policy does not pertain to meals or events, although disclosure requirements under the Political Reform Act will still apply. Nor does this Policy prohibit an employee from accepting gifts that are consumable or useable on the work premises, as authorized by the City Manager or their designee, from the City or from another employee in recognition of exemplary service or performance of duties. R. DRUG AND ALCHOHOL ABUSE The City of Redlands, its employees and their representatives, and prospective employees have a vital interest in maintaining safe, healthy, and efficient working conditions. Being under the influence of 60 drugs or alcohol on the job may pose serious safety and health risk, not only to the user, but to co- workers and the public. 1. Definitions a. Alcohol is defined as any alcoholic beverage or substance, including any medication or food containing alcohol such that it is present in the body at a level in excess of that stated in the guidelines by the Department of Transportation. b. Drugs or controlled substances are defined as any substance which impairs an em- ployee’s ability to perform job duties, poses a threat to the safety of the employee or others and their property, or otherwise creates a risk of harm to the City. c. Tetrahydrocannabinol (THC) is defined as the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. d. Safety-Sensitive Employee is defined as an employee who holds a commercial driver’s license and who operates a commercial motor vehicle, on a full-time, part- time or intermittent basis. e. Commercial Drivers’ License is defined as a Class A or Class B vehicle license. f. Reasonable Suspicion is defined as objective facts sufficient to lead a reasonably pru- dent manager or supervisor to suspect that an employee is under the influence of alcohol and/or drugs so that the employee’s ability to perform their job functions is impaired or so that the employee’s ability to perform their job safely is reduced. g. Substance Abuse Professional is defined as a licensed physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of clinical experience in the diagnosis and treatment of alcohol and substance abuse. h. City Property – any facilities that are owned and/or operated by the City of Redlands. 2. Provisions This policy applies to all City employees and prospective employees, hereinafter referred to collectively as “employees.” Where indicated, some of the policies apply only to safety-sensitive employees. Employees who violate this policy may be subject to disciplinary action, up to and including termination. 3. Prohibitions: All employees are prohibited from: a. Reporting to work, including standby or call-back time, or performing any job duties while their ability to perform job duties are impaired due to on or off-duty alcohol or drug use; b. Possessing, manufacturing, or using alcohol or impairing drugs, including prescrip- tion drugs without a prescription, during working hours, on breaks, during meal periods or at any time while on City property; c. Directly or through a third party selling, manufacturing, or providing drugs or alcohol to any person, including any employee, while either or both employees are on duty, or on City property; d. Failing to notify their supervisor, before beginning work, when taking any medica- tions or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of their duties or operation of City vehicles or equipment; 61 e. Failing to provide, within 24 hours of request, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee’s name; f. Refusing to immediately submit to any aspect of an alcohol, drug, or controlled sub- stance test required by this Policy, or any tampering, obstruction of or interference with testing procedures; g. Consuming alcohol, drugs, or controlled substances during the eight hours immedi- ately following an accident in which the employee was involved, or until the employee undergoes a post-accident alcohol or drug test, whichever comes first; h. Refusing to submit to a search of personal properties when directed by the City, upon reasonable suspicion and in accordance with the Public Safety Officers Proce- dural Bill of Rights, The Firefighters Bill of Rights and any other applicable laws. i. Refusing to notify the City of any criminal drug statute conviction, in accordance with the Drug-Free Workplace Act of 1988, of a violation that occurred in the workplace no later than five days after such conviction; j. Purchasing drugs, excluding prescription and over the counter, and/or alcoholic bev- erages while in a City uniform or while driving a City vehicle; and Employees shall report any violations of this policy by a City employee to a supervisor, Department Director or Division of Human Resources. Such reports shall be confidential with no reprisals. 4. Off Duty Cannabis Use The Fair Employment and Housing Act (FEHA) AB 2188, and Section 12954 of the Government Code, makes it unlawful for an employer to adverse action against an individual in hiring, termination or any term or condition of employment, or otherwise penalize a person based on their recreational cannabis use outside of work, except for scientifically valid preemployment drug screening con- ducted through methods that do not screen for non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. AB2188 notes that THC, the chemical compound most commonly associated with cannabis’ psy- choactive and intoxicating effects, remains stored in the body as a non-psychoactive cannabis metabolite well after a period of impairment. CBD (cannabidiol) products are non-intoxicating and are considered non-psychoactive cannabis metabolites. Although the regulations prohibit employment decisions based upon the presence of non-psycho- active cannabis metabolites in a drug screen, it does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalizing a person based on sci- entifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites. In addition, employees and applicants in positions requiring a federal background investigation or clearance and employees in the building and construction trades are exempt from this bill. The City continues its obligation to maintain a drug and alcohol-free workplace. Employees do not have the right to possess, use, or be impaired by cannabis on the job. This law does not preempt state or federal laws requiring applicants and employees to be tested 62 for controlled substances, or requiring a specific method of testing as a condition of employment, or as a condition of receiving federal funding or federal licensing-related benefits or entering into a federal contract. 5. Alcohol and Drug Testing In carrying out and enforcing this policy, the City may require the following types of testing: a. Pre-employment Testing. Following a written offer of employment, the City will re- quire all candidates to submit to a test for alcohol and illegal drug use as a condition of employment. Any applicant who refuses to provide consent for this test, or who receives a verified positive result will be disqualified from City employment. b. Reasonable Suspicion Testing and Search. If a manager or supervisor reasonably suspects that an employee is under the influence of alcohol, drugs or controlled sub- stances while performing their job duties or operating City equipment, an employee may be required to submit to an alcohol and/or drug test. Observation shall be based on indicators. Examples of indicators which can form a reasonable suspicion that an employee is under the influence of alcohol, drugs, or controlled substances include, but not limited to, direct observation of the following: • Changes in appearance or odors (smell of alcohol, body odor, or urine) • Suspicious movements (unsteady, fidgety, dizzy, clumsiness) • Eyes (dilated, constricted or watery, or involuntary eye movements) • Face (flushed, sweating, confused, or blank look) • Emotions (argumentative, agitated, irritated, drowsy) • Actions (yawning, twitching) • Inactions (sleeping, unconscious, no reaction to questions) Steps to take when there is reasonable suspicion: • If the employee is working around machinery or heavy equipment or is in any other type of safety-sensitive job or is acting out in a way that appears to be a safety concern for the employee or others, remove the employee from the area and ask them to wait in a conference room or an office. • The observer should document their observations, including any abnormal behaviors. The observer should be as specific as possible in their descriptions but not attempt to diagnose the situation. • Notify the Division of Human Resources and the Department Director. Hu- man Resources staff shall assess what is known and observed after meeting with the employee. If reasonable suspicion is warranted the employee may be required to submit to an alcohol and/or drug test. • The Division of Human Resources shall meet with the employee and clearly explain what has been observed and documented and that the employee will be sent for a drug and alcohol test. An employee’s refusal to submit to such a test is cause for discipline, up to and including termination. • Employee will be sent home while the Division of Human Resources waits for test results. 63 Moreover, the City reserves the authority to search, without employee consent, and subject to Section 3309 of the Public Safety Officers Procedural Bill of Rights where applicable, all areas of City property. 6. Post-Accident Testing All employees involved in a vehicle collision may be required to be drug and alcohol tested fol- lowing a vehicle collision while on City business. Not only may the operator of any vehicle involved be tested, but so may any other employee whose performance may have contributed to the accident, such as the employee who maintains the vehicle or work-site where the acci- dent occurred. For commercial drivers, post-accident controlled testing, pursuant to this policy, must occur under the following circumstances: a. A fatality or serious injury; b. If the driver received a citation under the State of local law for a moving traffic violation; c. Bodily injury to any person, as a result of the injury, receives immediate treatment away from the scene; or d. One or more motor vehicles incur disabling damage as a result of the occurrence and such vehicle(s) are towed away from the scene. If required, drug testing shall occur as soon as practical, but no later than 32 hours after the accident. If the controlled substances test cannot be performed within this time period, the reason shall be documented. If required, alcohol testing shall occur within two (2) hours of the accident. If the alcohol test cannot be performed within this time period, the reason shall be documented. In no case shall an alcohol test be administered later than eight (8) hours past the time of the accident and the reason for the delay shall be documented. Refusal by an employee will be treated as a positive test result and will result in discipline, up to and including termination. 7. Random Testing All City employees in Safety-Sensitive positions will be subject to random alcohol and drug testing. Depending on the random selection, some employees may be tested more than once a year, while other are not tested at all. 8. Testing Procedures a. Testing administrators. The drug or alcohol testing of applicants or employees shall be performed only by a laboratory, a physician or health care professional qualified and authorized to administer and determine the meaning of any test results; b. Once a reasonable suspicion determination is made the employee shall be trans- ported to the medical facility for testing. After testing the employee shall be transported home. Under no circumstances shall the employee operate a motor vehicle; c. Random testing will be completed on City property. Employees will be transported to the City location, designated by Human Resources, by their manager; 64 d. The Division of Human Resources shall inform the medical facility when supervisors are transporting an employee for a drug and/or alcohol test and the approximate time of arrival. 9. Consequences of Failing an Alcohol and/or Drug Screen An employee whose alcohol test indicates an alcohol concentration level of 0.02% or greater will be removed from their duties and will be subject to disciplinary action, up to and including termi- nation. The employee will also be given information to contact a Substance Abuse Professional (SAP). The SAP will evaluate the employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substances abuse. Assessment by an SAP does not shield an employee from disciplinary action or termination. If an employee is allowed to return to duty following a positive test result, he/she must follow the rehabilitation program prescribed by the SAP, pass return-to-duty drug and alcohol tests, and are subject to unannounced follow-up tests for a period of one (1) to five (5) years. The cost of any treatment or rehabilitation services will be the responsibility of the employee. Employees will be required to use all accruals prior to taking unpaid leave time while participating in the prescribed rehabilitation program and or any suspension that may result due to a positive test. Employees who are allowed to re-enter the workforce must agree to a re-entry contract. That contract may include, but is not limited to: • A release to work statement from an approved Substance Abuse Professional (SAP); • A negative test result for drugs and/or alcohol; • An agreement to unannounced frequent follow-up testing, as recommended by the SAP; • A statement of expected work-related behaviors; and • An agreement to follow specified after-care requirements with the understanding that any vio- lation of the re-entry contract is grounds for termination. After the City has complied with any legal obligation to reasonably accommodate an employee’s pro- tected disability, if any, the City may terminate an employee who is unable to perform the essential functions of the job. S. SMOKING The City is committed to providing a healthy and safe working environment for employees. To maintain this commitment, the City prohibits smoking, including electronic cigarettes, and the use of smokeless tobacco products: • In areas where fire and/or safety hazards exist; • As prohibited by law; • Inside any enclosed facilities that are owned and/or operated by the City of Redlands; • In City-owned, leased and/or rented vehicles; and • Within 20 feet of any enclosed facilities that are owned and/or operated by the City of Redlands. 65 The City Council adopted Chapter 8.54 of the Redlands Municipal Code, regulating smoking in public places and places of employment. This policy is consistent with the City’s smoking prohibitions and the California Labor Code governing smoking in the workplace. 1. Definitions • Smoking includes smoking cigarettes, electronic cigarettes, pipes, cigars, all tobacco prod- ucts and weed or plants of any kind; • Smokeless Tobacco Products include chewing tobacco, snuff or oral snuff. 2. Provisions All employees, officials, volunteers and visitors shall be subject to prohibition of smoking and the use of smokeless tobacco products. Employees who smoke and/or use smokeless tobacco products shall not exceed the number of breaks allotted for each break as defined in appropriate MOU and/or applicable state and/or fed- eral law. T. OFF-DUTY CONDUCT 1. General Considerations Full-time employees are expected to devote their full time to assigned duties as a City employee. An employee shall not engage in any employment, activity or enterprise which is inconsistent, incompatible or in conflict with City job duties, functions or responsibilities, nor shall an employee engage in any outside activity which will directly or indirectly contribute to the lessening of effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these Rules, MOU or by law. 2. Outside Employment Employees who hold or wish to hold jobs outside their normal City employment must complete a Request to Engage in Outside Employment Authorization Form with all required signatures and submit the form to their Department Director. Any outside employment will not be permitted if it conflicts in any manner with the employee’s duties and responsibilities to the City or is prohibited by law. Each authorization is valid for one year or as indicated on the authorization form. 3. Prohibited Off-Duty Conduct Employees may not engage in any employment or activities that create a conflict of interest, is unethical, or otherwise interferes with their City employment. In making a determination as to whether an activity creates a conflict or ethical question, the appointing authority shall consider, among other pertinent factors, whether the activity involves: a. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act that the employee would be required or expected to render in the regular course of City employment; b. The performance of an act or work which may later be directly or indirectly subject to the control, inspection, review, audit or enforcement by such employee or other City employ- ees; c. Conditions or factors which might directly or indirectly lessen the efficiency of the employee in regular City employment or conditions in which there is a substantial danger of injury or illness to the employee; 66 d. The use for private gain or advantage of City time, facilities, equipment and supplies, pres- tige, influence, or information obtained through one’s city office or employment. No city- owned facilities, equipment or supplies, including 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 for personal or non-City business reasons except upon ap- proval of the City Manager; e. The solicitation of future employment with a firm or individual doing business with the city over which the employee has some control or influence in the course of performing official duties. VII. INFORMATION TECHNOLOGY A. COMPUTER AND ELECTRONIC COMMUNICATIONS The Computer and Electronic Communications Policy ("policy") outlines the policies and guidelines that must be followed at all times to minimize business risks and maximize the benefits of the use of com- puting and electronic communications resources owned, leased, or controlled by the City of Redlands. Acceptable use standards form a critical component of enterprise security. This policy establishes standards for the acceptable use of the electronic communications systems of the City. 1. Scope The City owns, has a property interest in, and has a right to specify the use of: • All information processing and communications resources used to conduct its business, in- cluding hardware, computers, laptops, fax machines, telephones, cellular phones, smart phones, tablets, printers, copiers, storage media and all other hardware; and non-physical resources, such as: software, applications, online accounts, email, texts, pings, Internet/In- tranet/Extranet access, storage media, network accounts, voice mail and instant messaging files other messages and all other non-physical assets used or stored in its offices and facil- ities; and, • All such information processing and communications resources employed in its business that are connected to or able to be connected to its facilities from locations outside of the City's premises, including personal information processing hosted services, and communi- cations equipment and/or software owned or leased by the City or supplied by the City to City personnel for their use. All such resources are collectively referred to in this policy as "computing and electronic com- munications resources" or "resources." All data processing hardware, software, licenses, and any other physical equipment, electronic accounts, applications, and/or appurtenances re- quired to transact City business electronically not expressly mentioned above also constitute the computing and electronic communications resources at City facilities. 2. Usage Rules a. Ownership The City of Redlands owns, leases and has the right to specify the use of all computers and electronic communications resources. No employee has any property interest in the 67 City’s electronic communications resources. Examples of electronic communications re- sources are given in the Computer and Electronic Communications section of the policy. No user should have an expectation of privacy in the use of any city computing and elec- tronic communications resource. The City of Redlands reserves the right to audit networks and systems as necessary to ensure compliance with this policy. b. Authorized Users Employees, interns, volunteers, agency temporary workers, consultants, vendors, and all other individuals (collectively referred to as “user” or “users”) conducting business on behalf of the City of Redlands are eligible to use computing and electronic communi- cations resources but may do so only in accordance with this policy. c. Acceptable Use During an employee’s designated working hours or working schedule, Authorized Users may only use City-owned or authorized non-City-owned computers and/or electronic communications resources to conduct City business. Examples of legitimate City busi- ness use are: • Performing essential job functions; • Participating in job-related conferences and discussions or collaborating via re- sources such as web sites, newsgroups, chats, and bulletin boards; • Performing research, obtaining information or support, or pursuing approved job- related education; • Promoting and communicating city business or related information. Usage must also comply with any and all other terms established by the Personnel Rules and Regulations; Employees requiring remote access to City systems and data will be given access using a virtual private network (VPN) established by the City’s Division of Innovation and Technology. VPN connections will only be installed after written authorization from the em- ployee’s Department Director and approval by the Division of Human Resources and only on City-owned computing equipment. No requests to use personal devices will be granted. d. Personal Use The City understands that personal use of certain resources (i.e., cell phones, smart phones) is anticipated to varying extents, however such personal use must adhere to the terms contained in this policy. Employees are responsible for exercising good judg- ment regarding the reasonableness of personal use. The City's computing and electronic communications resources are an asset that must be used primarily for legitimate City business purposes. Significant investments have been made and are expended to provide these resources to users for conducting City business. Personal use is not forbidden, but such use: • Must be limited to non-working hours, 68 • The exception to this rule is if a mobile phone is assigned to an employee and that employee authorizes a payroll deduction for their personal use. The extent of use depends upon features selected and is clarified by the City Cell Phone Program/De- vice Acknowledgment Receipt required for all mobile phones assigned to users. • Must not affect work performance and normal business activities. • Must not directly or indirectly interfere with the City's operation of computer sys- tems and electronic communications resources or the securing thereof. • Must not compromise the physical security or reputation of the City. • Must not burden the City with noticeable costs, or excessively drain network re- sources (i.e., bandwidth). • Must not violate any provision of this policy, any other City policy, practice, resolu- tion, ordinance, or any other legal requirement. • Personal use is not permissible if the use requires substantial expenditures of time, uses for profit or uses that would otherwise violate City policy with regard to em- ployee time commitments or use of City equipment. e. Account Ownership The safety and security of the City’s computer system must be considered at all times when using computers or electronic communications resources. Authorized users are responsible for their own computer network and software accounts. Authorized users are prohibited from providing their account and password information to any unauthor- ized person, and from obtaining another user’s password by any unauthorized means. Management shall not require or keep lists of usernames or passwords. Please refer- ence the City of Redlands Password Policy for further clarification. f. Proprietary or Confidential Information If a user employs City of Redlands computer or electronic communications resources to subscribe or make postings to any Internet newsgroup, social networking site, public forum, blog or mailing list he or she shall not discuss or disclose proprietary or confiden- tial information in any of those places, nor shall he or she disseminate such information through any other means. g. Disclaimers If a user employs City of Redlands computers or electronic communications resources to subscribe or make postings to any Internet newsgroup, social networking site, public forum, blog or mailing list he or she must include a disclaimer stating that views ex- pressed are strictly their own and not necessarily those of the City, unless otherwise authorized. 3. Prohibited Activities The following uses of the City of Redlands’ computing and electronic communication resources are strictly prohibited (certain exceptions may be permitted for legitimate job duties with ap- proval of a supervisor): a. Sending, receiving, downloading, displaying, printing, or otherwise disseminating material that is sexually explicit, profane, obscene, harassing, discriminatory, fraud- ulent, racially offensive, defamatory or otherwise unlawful or contrary to City policy. 69 b. Sending, receiving, downloading, displaying, printing or otherwise disseminating confidential information, documents or materials that are not authorized for dis- semination. c. Misrepresenting an individual’s opinion as City policy or the City’s position. d. Disseminating or storing commercial or personal advertisements, solicitations, pro- motions, political information or any other unauthorized material. e. Promoting private enterprise of any kind or for solicitations unrelated to City business. f. Wasting computing and electronic communication resources by, among other things, sending mass mailings or chain letters, forwarding unauthorized attach- ments, unnecessary printing of email messages, excessive personal use or otherwise creating unnecessary network traffic. g. Sending or forwarding email with attachments known or suspected to contain mali- cious software code, e.g., viruses and worms. h. Sending unsolicited email messages, e.g., spam. i. Employing a false identity (the name or electronic identification of another) or forg- ing or attempting to forge any portion of email or instant messages. Authorized users may not send email anonymously, e.g., when the sender's name or electronic iden- tification is hidden. j. Sending email messages using another person’s email account. k. Downloading files and/or software that contain malicious software code and may contaminate City information systems and databases. l. Using work time to access non-work related information or to “surf” the Internet. m. Accessing the Internet through an anonymous proxy server or engaging in any activity that attempts to conceal web surfing or otherwise conceals actions that are prohibited by this policy. n. Copying, installing, or using any software or data files that are in violation of appli- cable copyrights or license agreements. o. Copying, installing, or using any software or data files that are not authorized for use by the City. p. Use of electronic communications resources by any person who is not an authorized user. q. Engaging in any activity that is illegal under local, state, federal, or international law while utilizing City-owned resources. r. Revealing your network passwords to others or allowing use of your account by others. s. Storing excessive amounts of personal data (music, video files, photos, etc.) on any City-owned device. 4. Monitoring, Auditing and Access The City retains the right to monitor and audit all use of its computing and electronic commu- nications resources, regardless of where such use is initiated. Additionally, the City retains the right to access all data, files and messages stored on, or processed through, its systems. Alt- hough the use of passwords and other forms of security are provided for confidentiality, no employee should expect, nor do they have any personal right of privacy with respect to any file 70 or message contained within or processed through the City’s computing and electronic com- munications resources. This policy distinguishes between access and monitoring. Access involves opening and review- ing the content of files. Monitoring focuses on traffic patterns, general and individual levels of usage, file subjects and types, file origins and destinations, and network efficiency and security. Without providing prior notice, the City reserves the right to review any material created, stored, sent, or received in its computer systems. a. Purposes • Computing and electronic communications resources may be monitored and audited, and computer files may be accessed, by authorized personnel for a number of purposes including: • Maintaining and protecting the resources for the benefit of City compliance with law. • Undertaking the professional and statutory obligations of the City, • Ascertaining and helping to ensure compliance with City policies, • Ensuring the proper operation of the resources, and • Investigating suspicious circumstances. Monitoring is used only to obtain information that is relevant to the workplace and is not used to obtain confidential personal information about employees. The City may engage in monitoring of electronic communications resources or other electronic files created by employees only in specific instances in which it has a legitimate business in- terest for such monitoring or some legal obligation to do so. In such cases, the City shall limit monitoring to actions reasonably required under the circumstances. b. Surveillance Software The City may use system software and software utilities, collectively, "surveillance soft- ware," to log, analyze and document use of the resources. Supervisors may receive reports generated by such software. Surveillance software may also be applied to trans- missions from the City network between remote locations and from portable devices. c. Telephone Conversations In compliance with federal law, audio or video telephone conversations shall not be rec- orded or monitored without advising the participants unless a court has explicitly approved such monitoring or recording. d. Monitoring of the Workplace In order to promote the safety of employees, visitors, and the public in and around City facilities, as well as the security of such facilities, the City reserves the right to monitor any portion of these premises at any time. Monitoring devices may be positioned in appropriate places within and around City buildings and public areas. Exceptions to this policy include private restrooms, showers and dressing rooms. e. Litigation Hold Notice The City has established a procedure for the Notice of Mandatory Preservation of all documents, records, email, and electronic data. As a part of this process, users are to 71 preserve and safeguard, and must not alter, delete, destroy, or discard any electronic documents or data in his or her possession related to such a notice. Certain instances of such a notice may require access to user files relating to the notice for the relevant time period. f. Employee Location Monitoring The City reserves the right to monitor the location of City equipment. Locations may be determined within City buildings and along City streets. City-owned vehicles and equip- ment may be equipped with GPS or similar technology at any time. Such monitoring technologies assist in maintaining productivity and providing an addi- tionally secure and safe workplace. The City will ensure all location monitoring is for business-related purposes only. 5.Email Acceptable use Policy This policy outlines the guidelines and responsibilities for City employees regarding email use and cybersecurity practices to protect sensitive information and maintain the security and integrity of the City’s networks and data. The City of Redlands’ email system is intended to be used as a method of communication for the sending and receiving of correspondence. To the extent that any correspondence including email may, in and of itself, contain information relating to the conduct of the public’s business, such correspondence is subject to retention as a Public Record and must comply with the City’s Records Retention Schedule. For this reason, the City’s email system will retain all communications system- wide for a period of two years by default, which is consistent with Government Code Section 34090. The purpose of this policy is to: a. Ensure the secure and responsible use of City email systems. b. Educate government employees on recognizing and preventing phishing attacks. c. Mitigate the risks associated with email-based security threats. Email Use Guidelines a. Authorized Use • City email accounts should be used for official City business only. Personal use of City email accounts should be limited and in compliance with Section 1.2-D. b. Privacy • Employees should have no expectation of privacy in their use of City email systems. All email communications may be monitored and reviewed for security, compli- ance, and legal purposes. c. Data Classification • Employees must adhere to data classification policies when sending sensitive or classified information via email. Encrypt sensitive information when sending it via email if required by policy or regulation. d. Email Attachments • Only open attachments from known and trusted sources. If an attachment appears suspicious, do not open it, and report it to the Division of Information Technology. e. Citywide Distribution Lists 72 • The email system is capable of simultaneously sending messages to every member of City staff. City staff should never send messages citywide unless there is a need to do so and the message contents have been reviewed and authorized by a super- visor. The Division of Innovation & Technology will restrict user access to such email distribution lists pending one-time authorizations from supervisors. f. Phishing Prevention • Recognizing Phishing o Employees must be vigilant in recognizing phishing attempts. Phishing emails often exhibit the following characteristics: o Unknown sender or suspicious sender address. o Unexpected or unsolicited attachments or links. o Urgent or threatening language. o Requests for sensitive information, such as passwords or Social Security num- bers. g. Report Phishing • If an employee receives an email they suspect to be a phishing attempt, they must: o Not click on any links or download any attachments. o Immediately report the email to the Division of Information and Technology o Delete the suspicious email. h. Training and Awareness • Regular training and awareness programs will be conducted to educate employees about the risks of phishing and how to identify and respond to phishing emails. 6.Generative Artificial Intelligence (AI) Acceptable Use Policy Generative AI is a technology that creates original content, such as images, videos, or text, without being explicitly programmed to do so. While still an emerging technology, it necessitates its own acceptable use policy because of the data transmission aspect. Examples of Generative AI technol- ogies include: ChatGPT, DALL-E and various other platforms. The City recognizes the opportunity for a controlled and responsible approach that acknowledges the benefits to efficiency while minimizing the risks around AI bias, privacy, and cybersecurity. The purpose of this policy is to ensure that City employees use AI technologies in a manner that promotes transparency, fairness, and respect for individual privacy, while also maximizing the ben- efits AI can provide in City operations. The policy applies to all government employees, contractors, and third-party users granted access to City systems or utilizing Generative AI tools while representing the government and during the course of their official duties. It covers the use of Generative AI in all forms, including but not limited to machine learning, natural language processing, and computer vision. a. Policy Guidelines: • Ethical Use: City employees must use Generative AI technologies in a manner that upholds ethical standards. AI should not be used for any purpose that is illegal, dis- criminatory, or unethical. • Transparency: When utilizing Generative AI for decision-making processes, employ- ees must ensure that the rationale and basis for AI-generated outcomes are 73 transparent and understandable. • Data Privacy and Security: o Users are responsible for safeguarding confidential, sensitive, and personal data when using AI platforms and generative AI tools. Compliance with data protection and privacy regulations is mandatory. o Staff must never provide organization-specific names, personally identifiable information, information protected by the Health Insurance Portability and Accountability Act (HIPPA), crime data, locations, etc. when using Generative AI. o Privacy-first: Only provide information to Generative AI tools that are suitable for public disclosure. This includes any text, photos, videos, or voice record- ings you share with the Generative AI platform. o Be mindful that Generative AI output may include unexpected results. Never share Generative AI output with the public until and unless it has been re- viewed, edited and finalized by staff. • Bias Mitigation: Be aware of the potential for bias in Generative AI systems and take steps to mitigate and address any biases that may arise. Ensure fairness in Genera- tive AI decision-making. • Accuracy and Accountability: Validate the accuracy of Generative AI-generated re- sults and take responsibility for decisions based on AI output. Human judgement should always be a part of the decision-making process. • Compliance: Comply with all relevant laws, regulations, and City policies when using Generative AI technologies. Report any concerns or violations to the appropriate authorities. When using third-party Generative AI services or tools, ensure they meet government security and privacy standards and obtain necessary approvals. • Transparency and Accountability: Users should be transparent about the use of AI- generated content and clearly identify it as such, especially when interacting with the public. b. Acceptable Uses: • Generative AI may be used for research purposes, such as generating new ideas or prototypes • Generative AI may be used for developing draft documents and content for further refinement and curation by City staff • Generative AI may be used for artistic or creative purposes, such as drafting original content for educational or promotional purposes • Generative AI may be used for training and development purposes • City staff agree to use Generative AI for ideation and creative content generation, not as a replacement for human judgement Use Case Examples Do… Do Not… Ask ChatGPT to create draft interview ques- tions for a position Ask ChatGPT to evaluate the answers from specific candidates 74 Ask ChatGPT to draft a memo with specific content at a specific grade reading level Ask ChatGPT to compose a reply to questions from another employee or member of the pub- lic Ask ChatGPT for examples of a strategic plan at your type of organization Ask ChatGPT to draft policies specifically for the City of Redlands that you will not later re- vise with feedback from appropriate stakeholders c. Prohibited Uses: The following actions are strictly prohibited when using AI platforms and generative AI tools: i. Creating or sharing misleading, false, or deceptive content. ii. Engaging in activities that violate laws, regulations, or the City's policies. iii. Generating content that infringes upon copyright, trademark, or other intellectual property rights. iv. Using AI tools for malicious purposes, such as phishing, hacking, or im- personation. v. Generating content that is discriminatory, offensive, or harmful to indi- viduals or groups vi. Any use that jeopardizes the City's reputation or violates its values. d. Reporting Misuse: Users who suspect or observe the misuse of AI platforms or generative AI tools are en- couraged to report such incidents to their supervisor or the Division of Innovation & Technology. B. MOBILE DEVICE POLICY FOR CITY OWNED DEVICES Both City-owned and personally-owned mobile devices present additional security challenges to pro- tecting City information. The intent of this policy is to provide a framework and requirements for the use of mobile devices and to establish minimum security criteria for accessing City information assets from them. This policy defines accepted practices and responsibilities for use of City of Redlands-owned mobile devices and any personally-owned cell phone/device for which authorization is given to connect to enterprise systems and the city’ network. This policy defines user eligibility and commitment require- ments, provides guidance for the secure use of mobile devices. This policy applies to and provides guidelines for all mobile devices, including mobile phones, smart phones and tablets. This policy is in- tended to be used as a supplement to the Computer and Electronic Communications Policy. This policy is operationalized through Mobile Device Management (MDM) software used by the Infor- mation Technology Division for the management and administration of mobile devices owned by the city. Software is installed prior to deployment. Use of mobile devices supplied by, or funded by, the City shall be primarily for City business. 1. Policy Application This policy applies to all City of Redlands employees, interns, volunteers, temporary em- ployees, and affiliates that are considered authorized users of the City’s systems as defined 75 in the Computer and Electronic Communications Policy. . The presence or absence of any stipend from the City to the owner of a personally-owned device does not affect the ap- plicability of this policy. Personnel device use for access to City information systems, notably email, is available as a convenience to staff, and the City is not responsible for any costs incurred. 2. Definitions • Tablet: a tablet is an open-face wireless device with a touch screen display and with or without physical keyboards. The primary use is the consumption of media; it also has messaging, scheduling, email, and Internet capabilities. Diagonal screen dimensions are typically between five (5) inches and eighteen (18) inches. Media tablets may have open- source operating systems (such as Android) or a closed operating system under the con- trol of the operating system vendor and/or device make (such as Apple's iOS and Windows). Media tablets may or may not support an application store. • Mobile Device: This refers to any mobile phone, cellular modem, Smartphone, laptop or tablet. • Mobile Applications: This refers to software designed for any or all the mobile devices defined in this policy. 3. User Roles and Responsibilities a. Responsibilities • Users must ensure that they comply with all sections in this policy. • Users must agree to take responsibility for the security of their mobile devices and the information they contain. • Acceptable forms of security for mobile devices include: configuring a passcode to gain access to and use the device. This helps prevent unauthorized individuals from gaining access to the City’s systems and data. • An idle timeout that will automatically lock the device when not in use is required. This also helps prevent unauthorized individuals from gaining access to the device. • Mobile devices are issued for business purposes and remain the property of the City. • When the mobile phone, laptop or portable computing device is allocated, the user assumes responsibility for the physical security of the equipment and information contained within. • Users are not permitted to authorize purchases or services for their mobile devices, unless such purchases are for City oriented purposes; or if for personal use, the pur- chases must be made from and linked to a private, non-city account. • Users must notify The Division of Information Technology Division and their respective department immediately of loss, theft or damage to a City-owned mobile device. • Users consent that if the device is lost/stolen the Division of Information Technology (DoIT) may wipe and completely erase all data from the mobile device so as to not jeopardize the security of City data and systems that are accessed from the device. This applies to all City-owned mobile devices, whether or not they are password and lockout protected. 76 b. Condition Users must take proper care of their mobile device(s). Each device must be physically protected from loss, theft, and compromise. c. Cost Control Users should support efforts to manage device operation costs by ensuring that call minutes, text messages and data usage do not exceed usage plan limits. When traveling abroad, users should avoid using mobile phones. If mobile phones are used abroad users should: • Contact The Division of Information Technology prior to travel, if use of the device is essential during their trip. • Exercise caution to avoid incurring excessive charges and roaming fees when us- ing the mobile device. • Connect to mobile data networks only when essential. • Choose Wi-Fi hot spots as the preferred manner of connecting to data networks. • Note: If you have a choice, select those hot spots that use some form of encryp- tion. Be sure and set the location to “Public Network.” • When connected to public Wi-Fi hot spots, be cognizant of the fact that any data transferred can easily be intercepted by other Wi-Fi hotspot patrons. • Use a soft phone or other voice over Internet Protocol (VoIP) solutions when pos- sible. d. Loss or Theft It is the user's responsibility to take appropriate precautions to prevent damage to or loss/theft of the device. If the device is lost, stolen or suspected to be compromised in any way, the user must notify the City’s Division of Information Technology (DoIT)and the carrier for telecom services within 12 hours. The Division of Information Technology then has the authority to wipe the device so as to not jeopardize the security of City data and systems. The Redlands Police Department must be notified in cases of theft. e. Applications and Downloads Users must take all reasonable steps to protect against the installation of unlicensed or malicious applications. All software on the device must either be provided and installed by The Division of In- formation Technology or approved for installation by the employee’s supervisor. Unmanaged or unapproved installations can constitute a security risk, including the in- tentional or unintentional spreading of software viruses and other malicious software. If for personal use, as allowed under the Mobile Device Management software and Com- puter and Electronic Communications Policy, user will perform due diligence to verify downloads are not malicious in nature or would not otherwise expose the City’s systems to a security risk. Downloading applications from the platform's (e.g., Apple's, Android's) general applica- tion store is acceptable, insofar as the application complies with this policy, The 77 Information Technology Division protocols and the Computer and Electronic Communi- cations Policy. Unless approved for work-related use, City procurement credit cards shall not be used for app store purchases nor entered into an app store account. In most cases, work- related apps will be provided under a volume purchase to City employees using an App Store Front for the City. Should a work-related app not be contained in the storefront, the user should contact The Division of Information Technology to make the purchase. f. Backup and File Sharing or Synchronization Users are required to use approved software for backing up all devices. The use of a non-City authorized cloud-based service, such as Apple iCloud, is not per- mitted for backing up or sharing any City data. g. Functionality and Feature Management The device operating system shall not be modified, unless required or recommended by the City. The use of devices that are jailbroken, "rooted" or have been subjected to any other method of changing built-in protections is not permitted and constitutes a breach of this policy. At the City’s request, users are responsible for delivering the mobile device to The Divi- sion of Information Technology if and when the device is selected for a physical security audit or is needed for purposes outlined in Section VII. 4 of the Computer and Electronic Communications Policy h. User Safety Users should comply with the safety guidelines defined in the City Employee Policy Man- ual when using mobile phones in their vehicles. i. Security and Privacy Obligations for City Data Users should recognize that their use of, or access to, data provided by or through the City may be monitored by the City. If personal information is stored on a City device, users should presume that that information may also be monitored, but every attempt will be made to compartmentalize personal data. The City will only use mobile device location information in accordance with Section VII.4 of the Computer and Electronic Communications Policy. Users must take appropriate precautions to prevent others from obtaining access to their mobile devices. • Users should not share passwords, PINs or other credentials with anyone. • Users should not share City-issued mobile devices with anyone, unless the de- partment has explicitly intended those devices to be shared among multiple staff. j. Requirements for Personally-Owned Mobile Devices • Access to City information systems, including email, from a personal mobile de- vice is provided as a convenience to staff. The City retains the right to deny mobile device access to City data information systems to individual staff, or all staff, with or without notice, and at its sole discretion. • Any personally-owned device not in compliance with the policy may be denied from accessing City data and information resources. 78 • Any personally-owned device which has been used to access, store, or manipu- late City data or information “relating to the conduct of the public’s business” may be subject to disclosure pursuant to the California Public Records Act re- quests, subpoenas, court orders, litigation requests, or other actions against the City. It is the responsibility of the device owner to respond appropriately to any such action k. Exit Obligations for Employees Taking Absence or Separating from the City Any employee who will be taking leave from the City for a period of four (4) or more consecutive weeks shall be notified in writing by the Division of Human Resources of the need to surrender to the City any and all City-owned mobile devices in their possession. Any employee separating from the City permanently is responsible for surrendering any City-owned mobile device in their possession before the end of their last day of service to the City. 4. Prohibited Uses Users are strictly prohibited from using the City of Redlands’s information technology and electronic communications systems to transmit, receive, download, view or copy any com- munication that is fraudulent, harassing, discriminatory, racially offensive, sexually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate. Em- ployees encountering or receiving this type of material should immediately report the incident to the user’s supervisor. The City of Redlands recognizes, however, that certain employees may have valid City business reason to use the Internet to access otherwise inap- propriate materials in the course of performing their duties. The Mobile Device Management software used by the City may be used to track the use of prohibited content on mobile devices. The City reserves the right to deploy industry standard Mobile Device Management (MDM) software for the express purpose of monitoring and managing city owned devices to ensure the integrity of the city’s network and data resources. 5. Data and System Security a. Data Security All mobile devices connecting to the City’s network or accessing City information must meet the following security requirements: • All City mobile devices must be secured with a PIN, password or a pattern-screen lock when powering on the device or when left unattended, unless this practice is incompatible with operational workflow. • Device users must comply with The Division of Information Technology directives regarding updating or upgrading system software and must otherwise act to en- sure security and system functionality. b. Physical Security Mobile device users must comply with physical security requirements when equipment is at the user's workstation, when traveling, or when working in the field or at a job site. Users must take the following preventative measures defined in this policy to protect City data and systems: 79 • Mobile devices must not be left in plain view in an unattended vehicle, even for a short period of time. • Mobile devices must not be left in a vehicle overnight. • A mobile device displaying sensitive information being used in a public place must be positioned so that the screen cannot be viewed by others. • The device must be physically secured when it is left unattended outside the im- mediate work area for any extended period. • In vulnerable situations (e.g., public areas), the mobile device must not be left unattended under any circumstance. • Mobile devices should be carried as hand luggage when traveling and never checked as baggage. • The employee will be responsible for the replacement or repair of the City-owned mobile device if it is damaged or lost as a result of the employee’s negligent or intentional conduct. The employee’s department will be financially responsible for the replacement or repair of the City-owned mobile device if it is damaged, stolen or lost. C. INFORMATION SECURITY POLICY Technology is a critical component to the advancement of the City’s mission, but also exposes the City to risk. Choices that protect the City from risk of loss associated with information security are not primarily a function of IT staff – it is an essential responsibility of ALL City of Redlands staff. This policy defines that responsibility and seeks to make information security an established prac- tice within City culture. Staff are required to follow these practices when using City technology systems and when accessing and using City data and information. It is the policy of the City of Redlands to maintain responsible behaviors and vigilance in all areas of technology and information security. City employees and affiliates must not circumvent the policies, procedures, and safeguards implemented that protect the City, its information and em- ployees. City employees and affiliates must promptly report technology-related security incidents or concerns to the Information and Technology Division. This policy has been established in order to: • Establish the minimum expectations to which all City staff will be held accountable • Protect the City’s critical infrastructure • Protect sensitive information entrusted to the City • Continuously improve the City’s ability to detect and respond to cyber/information security events • Ensure risk management is sufficient and in alignment with the City’s operations and mission • Facilitate cyber/information security awareness of risks to City operations and services • Comply with external and regulatory data protection requirements 80 1. General Policy All parties with access to City data or resources must safeguard the City's confidential infor- mation, as well as that of vendors and others from disclosure. This policy applies to all City of Redlands employees, interns, volunteers, temporary contract employees, and affiliates that are considered authorized users of the City’s systems as defined in the Computer and Electronic Communications Policy. Under this policy, all staff are expected to adhere to the following principles to maintain the security and integrity of the City of Redlands' information systems. 1) Confidentiality - Ensuring that information is accessible only to those authorized to have access. Examples include: (a) Safeguarding personal data of the public and City employees. (b) Ensuring restricted, sensitive or otherwise protected information is safe from un- authorized disclosure. 2) Integrity - Safeguarding the accuracy and completeness of information and processing methods. Examples include: (a) Verifying the source of information before trusting it. (b) Not altering records without proper authorization. (c) Validating sources of external emails for authenticity and safe handling 3) Accountability - Ensuring that actions taken on the City’s systems or networks can be at- tributed to identified individuals, promoting responsible behavior. (a) End user activities may be tracked and monitored in an effort to safeguard network security and prevent unauthorized access. (b) End users are accountable for their activities using City resources and should be aware of the consequences of information security violations. 2. Cyber Hygiene Practices To support the general principles outlined above, city staff must undertake the following cyber hygiene practices: 1. Securing data and access • Departments should limit the access of their staff to the least privileges necessary to perform their duties • Multifactor authentication should be in use on devices and applications, as en- forced by DoIT. • Password policies will be enforced by DoIT. Users are expected to keep their pass- words confidential, not to share passwords for their individual user account with others, and to adhere to best practices concerning password construction and safe- guarding contained in the HR trainings assigned in NeoGov. • Do not email or transmit in any nonsecure manner, confidential or personally iden- tifiable information. If there is a need to transmit confidential information, please contact DoIT for guidance on secure transmission. 2. Safe Internet Use • Practicing safe browsing habits to avoid downloading malware or falling victim to phishing attacks. 81 • Do not click on suspicious links. • Verify website URLs before entering sensitive information. 3. Physical Security • When away from their desk computer, laptop or mobile device, employees should lock or log off such devices, as applicable. • Do not leave City-owned devices unattended in public places. • City files and original documents must be kept on the network; and sensitive, re- stricted or otherwise protected documents and information may never be transferred to, or saved on, a personal, non-City computer. 3. Email Hygiene Practices • DO NOT open any suspicious email based on the Subject or Sender—delete it before you open it. • DO NOT reply to, open attachments from, or click on URLs from unknown and untrusted sources. • DO NOT use your City email address for personal communications. • DO NOT ever send personal/sensitive information via email—e.g., passwords, credit card number, social security number, or account numbers. • DO check emails from the outside world for misspellings, grammatical errors, and abnor- mal spacing that may be indicative of a phishing email. • DO check links in external emails by using your mouse to hover over the hyperlink to de- termine if the URL makes sense with the sender—e.g., matching the sender’s name to the URL; whether there's a foreign name or location in the URL. • DO report any suspicious emails if you’re not sure if they are valid to helpdesk@cityofred- lands.org for further review and investigation. • DO attempt to contact the original sender by phone or by method other than to verify the authenticity of the message sent to you • DO use common sense—if it doesn't look right, trust your judgment. It is critical that you remain vigilant and knowledgeable about email authenticity. Phishing scams are the largest attack surface for cyberthreats. A password must be made up of:  Twelve (12) or more characters.  At least one uppercase letter.  At least one lowercase letter.  At least one number (0 through 9). At least one special character ($, @. # and so on). 4. Remote Access Remote access connections may be used by authorized City employees. All staff connecting to City resources from outside of the City network must follow the same requirements for secure remote access, including: 1. Only the City’s existing VPN solution may be used to connect to City resources. 2. All users must obtain permission from the IT Division and the appropriate Department Head(s). 82 3. All VPN users must authenticate using multifactor authentication (MFA), when enforced by the IT Division. 4. City employees may only connect to City resources from an IT-approved, City issued device. Non-City issued devices are not permitted. 5. Any contractor or vendor-owned device connecting to City resources must be approved beforehand and have updated antivirus and fully patched, up-to-date operating system. 5. Security Awareness The City of Redlands requires that all individuals with access to the City’s technology including, but not limited to, employees, interns, and certain elected officials participate in efforts to safe- guard the City against information security threats. This includes successful completion of mandatory security training upon hire and at least annually thereafter. Certain staff may be required to complete additional training modules depending on specific job requirements. Staff will be given a reasonable amount of time to complete each course so as not to disrupt City operations. The City will also conduct periodic simulated social engineering exercises including but not lim- ited to: phishing (e-mail), vishing (voice), smishing (SMS), USB testing, and physical assessments. These tests will be conducted at random throughout the year with no set schedule or frequency. Targeted exercises may be conducted against specific departments or individuals based on a risk determination. Failure of any of these simulated tests will be tracked, reported to manage- ment, and may automatically trigger a mandatory remedial training module that must be completed in a timely manner. VIII. DISCIPLINARY ACTION A. POLICY ON DISCIPLINE No full-time employee in a regular appointment shall be disciplined without cause. Probationary em- ployees are subject to termination without cause. For the purpose of this Article, disciplinary action shall be defined to include one or more and the following: oral warning, written reprimands, suspen- sions, demotions, reductions in pay and discharge. Oral and written reprimands may be initiated at supervisor/division manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Director level. All discipline above an oral warning must have approval by the Division of Human Resources. Nothing in this section is designed to negate any protections set for in the Public Safety Officers Procedural Bill of Rights Act or the Firefighters Procedural Bill of Rights Act. Definition of disciplinary action: a. Oral warning. A supervisor may provide an employee an oral warning for cause. b. Written Reprimand. A supervisor may issue a written reprimand to an employee for disci- plinary purposes. Such reprimand shall be in writing and shall be provided to the employee, and employee shall acknowledge receipt of such reprimand. A copy of the reprimand shall be placed in the employee’s personnel file. 83 c. Suspension. A suspension is a temporary “without pay” status imposed as a penalty for an offense where the cause is not severe for dismissal. A suspension may be issued by the De- partment Director. Suspensions shall be handled in conformance with Article VIII. Disciplinary Action, Section C. Appeal of Disciplinary Action. A copy of the suspension shall be placed in the employee’s personnel file. d. Demotion/Reduction in pay. The Department Director, after review with Human Resources, may demote or reduce the salary of an employee whose ability to perform the required duties for the position falls below minimum performance requirements or for disciplinary purposes. Demotions shall be handled in conformance with Article VIII. Disciplinary Action, Section C. Appeal of Disciplinary Action. A copy of the demotion shall be placed in the em- ployee’s personnel file. e. Discharge. The Department Director, after review with Human Resources, may discharge an employee from a position for disciplinary purposes. A discharge shall be handled in con- formance with Article VIII. Disciplinary Action, Section C. Appeal of Disciplinary Action. A copy of the demotion shall be placed in the employee’s personnel file. B. NOTICE OF PROPOSED DISCIPLINE Except in emergencies, or as authorized by law, Skelly-level suspensions, demotions, reductions in pay, or discharge, shall not be put in effect until the employee has received written notice advising the employee of the proposed action, the reason(s) therefore, the facts giving rise thereto, the proposed effective date, access to written material that formed a basis of the proposed action, and the oppor- tunity to respond to the Department Director orally or in writing within five (5) working days, or other response deadline as specified in a Council approved Memorandum of Understanding, of receipt of such notice. If deemed necessary by the Department Director or the Division of Human Resources, an employee may be placed on administrative leave with pay pending investigation of allegations that may lead to discipline. C. APPEAL OF DISCIPLINARY ACTION If a disciplinary action of suspension of forty hours (40) or more, reduction in pay (equal to a forty- eight-hour or more suspension), demotion or discharge is imposed, the employee may then appeal, prior to implementing such action to the Department Director. Any such appeal must be filed within 5 working days of the notice of the disciplinary action, or in accordance with a Council approved Memo- randum of Understanding as it relates only to the timing of filing an appeal. Upon unresolved consensus concerning the disciplinary action, an appeal may be made to the City Manager as the second step. However, execution of the notice of intent will be implemented after the first step (Department Director level). Should the disciplinary action still be unresolved after the second step, the discipline can be appealed to one final step. The third and final step is a hearing in front of the City Council. The City Council’s decision on the disciplinary action is final and binding. Any appeal of disciplinary action not resolved at Level 2 may be submitted to the City Council no later than 10 working days after the date of the City Manager’s written reply. The employee shall provide the City Council with a copy of the Level 2 response. Within ten (10) working days thereafter, the City Council or its designee, shall schedule a hearing before the City Council or designee in which the parties to the notice of disciplinary action may present evidence. The City Council shall give the grievant a written decision within thirty (30) days after the hearing and shall file a copy with the Division of Human 84 Resources. The decision shall be based upon the oral and written evidence submitted at the hearing. The decision of the City Council shall be final and binding. D. CAUSES FOR DISCIPLINE Examples of causes for disciplinary action include, but are not limited to: a. Dishonesty; b. Incompetence; c. Inefficiency; d. Neglect of duty; e. Negligence which affects the safety of the employee or of others; f. Violation of any City policy, rule or requirement; g. Unauthorized absences (including tardiness) or abuse of sick leave or any other leaves; h. Violation of these Rules, or other rules, regulations or orders established by a supervisor, department or City Council. i. Conviction of a crime that interferes with employment; j. Discourtesy to the public or fellow employees; k. Misuse or abuse of City property or equipment; l. Substandard job performance; m. Insubordination; n. Any activities, including outside employment that create a conflict of interest with City em- ployment and are not specifically authorized by the Department Director; o. Falsification of any City report or record (including job application); p. Other acts which are incompatible with service to the public including, but not limited to, any conduct or behavior, either on or off duty, which cause discredit or would reasonably tend to cause discredit to fall upon the City, its officers, agents or departments. IX. GRIEVANCE PROCEDURE This grievance procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin. A. DEFINITIONS Grievance is defined as any dispute involving the interpretation, application, or alleged violation of: a. The specific express terms of a current MOU, between the City and a recognized employee organization representing employees in the competitive service, to which the grieving em- ployee is subject to; b. A specific express term of these Rules; c. A violation of any rule, policy, or regulation. B. ELIGIBILITY TO FILE A GRIEVANCE A grievant is a full-time employee in a regular appointment who is adversely affected by an act or omis- sion of the City. No other individuals are eligible to file a grievance under this rule. A grievant may also be a recognized employee organization representing employees. 85 C. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE The following matters are excluded from the definition of a grievance: a. Request for changes in wages, hours, or working conditions; b. The content of employee evaluations or performance reviews, except those that result in a loss of benefits to the employee; c. Challenges to reclassification, layoff, transfer, denial of reinstatement; d. Challenges to examinations or appointment to positions; and e. Challenges to these grievance procedures. D. GRIEVANCE PROCEDURE The grievance procedure shall consist of the following steps: 1. Informal Grievance Procedure Within ten (10) working days of the act(s) or omission(s) giving rise to the grievance, the grievant must discuss the grievance with his or her immediate supervisor, who will investigate and at- tempt to resolve the matter. The supervisor shall give the grievant an oral or written reply within ten (10) working days after the discussion. If the grievant is not satisfied with the reply, he or she may proceed with the Formal Grievance Procedure. 2. Formal Grievance Procedure a. First Level Review – Supervisor Review Any grievance not resolved by the Informal Grievance Procedure, may be submitted in writ- ing by the grievant to their immediate supervisor or Department Director along with a copy to the HR Director, no later than ten (10) working days after the date of the oral or written reply. A grievance may be submitted directly to the HR Director or, if the grievance started at a level above the supervisor or department, the grievance may be submitted at the higher level. The written grievance must contain the following information: i. Name of grievant and job title; ii. Department in which grievant works; iii. The specific act or omission which gave rise to the alleged violation, misinterpretation, or misapplication and the date or dates of the alleged act or omission; iv. The specific provision(s) of the MOU, the City Policy or Personnel Rules alleged to have been violated, misinterpreted, or misapplied; v. A list of the documents, witnesses or other evidence that support the grievance; vi. Desired solution or remedy; vii. Name of the grievant’s representative, if any; viii. Signature of the grievant or representative and date signed. Within ten (10) working days thereafter, the responder shall schedule a meeting with the grievant to work at resolving the grievance. The supervisor shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the HR Direc- tor. If the grievant is not satisfied with the response, he/she may proceed to Level 2. b. Second Level – Department Director Review Any grievance not resolved at Level 1 may be submitted to the Department Director no later than ten (10) working days after the date of the supervisor’s written reply. The grievant shall provide the Department Director with a copy of the Level 1 response. Within the (10) working days thereafter, the Department Director shall schedule a meeting with the 86 grievant to work on resolving the grievance. The Department Director shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the HR Director. If the grievant is not satisfied with the response, he/she may proceed to Level 3. If the grievant’s immediate supervisor is a Department Director, then the second level is skipped. The grievant will move to level three upon an unresolved grievance at the first level. c. Third Level – City Manager Any grievance not resolved at Level 2 may be submitted to the City Manager no later than ten (10) working days after the date of the Department Director’s written reply. The grievant shall provide the City Manager with a copy of the Level 2 response. Within ten (10) working days thereafter, the City Manager shall schedule a meeting with the grievant to work at resolving the grievance. The City Manager shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the HR Director. If the grievant is not satisfied with the response, he/she may proceed to Level 4. d. Fourth Level – City Council Any grievance not resolved at Level 3 may be submitted to the City Council no later than ten (10) working days after the date of the City Manager’s written reply. The grievant shall provide the City Council with a copy of the Level 3 response. Within ten (10) working days thereafter, the City Council, or its Designee, shall schedule a hearing before the City Council or Designee in which the parties to the grievance may present evidence. The City Council shall give the grievant a written decision within 30 days after the hearing and shall file a copy with the HR Director. The decision shall be based upon the oral and written evidence submitted at the hearing. The decision of the City Council shall be final and binding. E. REPRESENTATION The grievant is entitled to representation of their choice at any point in the grievance procedure. If the representative is a fellow employee, that employee will receive time off from their work assignment for the time of the grievance meeting(s) or hearing plus reasonable travel time. The grievant must inform the Division of Human Resources whether he/she will be represented at the grievance meeting, along with the identity of the representative, at least 48 hours prior to the grievance meeting. F. SETTLEMENT OF GRIEVANCE Failure by the grievant to appeal his or her grievance to the next step within the specified time limits of this rule shall constitute a settlement of the grievance, unless the Parties have granted an extension of time to a definite date. Failure by the City to meet any of the specified timelines shall entitle the grievant to appeal to the next level of review. Additionally, failure on the part of an employee or his representative to appear for any scheduled meet- ing without notification may, in the City’s discretion, be deemed a settlement of the grievance. G. NO RETALIATION Employees will not be penalized or retaliated against in any way for using the grievance procedures, testifying as a witness or assisting with a grievance. 87 X. LEAVES OF ABSENCE A. ELIGIBILITY FOR PAID LEAVE OF ABSENCE In order to be eligible for City payment of the paid leaves of absence outlined herein or subsequently granted by the City, an employee must be a full-time employee and either a regular or probationary appointee, except as required by law. Any leave of absence, outside of pre-approved vacation or holi- day time, by an employee that exceeds thirty (30) consecutive days will result in a proportionate adjustment to the employee’s performance evaluation date for all purposes, including consideration of a merit salary increase as allowed by law. B. VACATION 1. Rate of Accrual Every full-time probationary and regular employee shall earn vacation as follows unless oth- erwise specified by an applicable M.O.U.: Years Hours 0 – 5 80 6 – 7 120 8 – 9 128 10 – 11 136 12 – 13 144 14 – 15 152 16 – 20 160 21 168 22 176 23 184 24 192 25 200 Vacation accrues daily on a pro-rata basis. 2. Scheduling Vacation After completion of six months of continuous service, an employee may take vacation leave at any time, subject to approval by the employee’s Department Director or their designee. Approval will be based upon work load, staffing coverage, seniority, timing of the request, and any other work-related factors appropriate for consideration by the Department Direc- tor. Vacation must be taken in increments of one-half hour or more, unless otherwise approved. 3. Effects of Holidays on Vacation Leave In the event that an authorized city holiday falls during an authorized vacation leave, the employee shall receive holiday pay and not be charged vacation leave for that day. 88 4. Effects of Sick Leave on Vacation Leave In the event an employee becomes ill during a vacation period, such time shall not be charged as vacation leave if either of the following conditions is met: a. The employee complies with the same notice requirements in Rule X.D (Sick Leave) as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the em- ployee becomes ill after the start of the work shift, then the employee must promptly provide notice on the same day the illness begins. Sick leave will only be granted for those days on which notice is given pursuant to this policy; or b. The employee, upon return to work, submits a doctor’s note for each day requested to be paid as sick leave. 5. Compensation for City Work During Vacation is Prohibited No employee shall be permitted to work for compensation for the City in any capacity ex- cept compensation for mandated court appearance or special duty assignments during paid vacation time. 6. Vacation Pay Upon Termination Any employee terminating from the City will be paid at their regular rate of pay on a pro- rata basis for all earned vacation, if any, accrued up through the date of termination. C. HOLIDAYS 1. Authorized Holidays Every full-time probationary and regular employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action of the City Council: • January 1 (New Year’s Day) • The third Monday in January (Martin Luther King Day) • The third Monday in February (President’s Day) • March 31 (Cesar Chavez Day) • The last Monday in May (Memorial Day) • June 19 (Juneteenth) • July 4 (Independence Day) • The first Monday in September (Labor Day) • The second Monday in October (Indigenous Peoples Day) • November 11 (Veteran’s Day) • Thanksgiving Day • Friday after Thanksgiving Day • December 24 (Christmas Eve) • December 25 (Christmas Day) If a holiday falls on Saturday, Friday shall be designated as the holiday, and if the holiday falls on Sunday, Monday shall be designated as the holiday. 89 Employees who are absent from work on a holiday due to unpaid leave of any form will not be paid for the holiday. Employees who are required to work on a holiday will receive holi- day pay in addition to any hours worked. 2.Holiday Worked Pay Non-exempt employees who actually work on an above-listed holiday will receive holiday worked pay at one half times their normal hourly rate for all hours worked. Holiday worked pay will only be paid on the actual calendar holiday and not for observed holidays if the holiday falls on a weekend. For example, if Independence Day falls on a Saturday, only those employees actually working on that Saturday will receive holiday worked pay. If Friday is the recognized holiday that year, those working on Friday will not receive holiday worked pay. If an employee’s shift extends beyond midnight of the actual holiday, holiday worked pay will only apply to those hours worked on the actual holiday. For Sworn Fire personnel, holiday worked pay will be paid for the entire 24-hour shift that begins on the actual holiday. 3. Floating Holidays Full time probationary and regular employees shall receive floating holidays each calendar year as granted in a Council approved Memorandum of Understanding and pro-rated to the date of hire. Floating holiday hours that are not used will not carry over to the following year. No employee may accrue any more than four floating holidays at any one time. The floating holidays may be used at any time subject to two days advance approval unless waived by the Department Director. In the event of termination, employees will receive payment for all unused floating holiday hours. 4. Banked Holidays Non-exempt employees who are normally scheduled off on a day in which a holiday is ob- served have the option to bank their holiday pay for future paid time off. Exempt employees who are normally scheduled off on a day in which the holiday is observed, shall bank their holiday hours for future paid time off. D. SICK LEAVE 1. Accrual of Sick Leave Full-time probationary and regular employees only are eligible to accrue eight (8) hours of sick leave with pay for each calendar month of actual continuous service dating from the employee’s most recent date of hire. Part time employees will accrue sick leave as required by state or federal law. An employee shall not receive payment for unused accumulated sick leave upon termina- tion of employment or retirement (either disability or service retirement) unless specifically provided for in an applicable Memorandum of Understanding. An employee may not use sick leave to extend a retirement or termination date, unless specifically provided for in an applicable Memorandum of Understanding, State, or Federal law. 90 2. Return to Work from Sick Leave If an employee misses three (3) or more days of work due to illness, the employee will be required to provide a return-to-work certification from a licensed physician to the Division of Human Resources before returning to work. The City may require the employee to see a physician chosen by the city to conduct a fit for duty examination at the City’s expense. 3. Use of Sick Leave for Family In cases of illness of a family member, an employee may use up to one-half of their sick leave entitlement for the year to attend to the illness of a spouse, domestic partner, parent, or child. Additional family sick leave may be used for qualifying acts of violence, and usage for special circumstances may be granted on a case-by-case basis in the discretion of the Department Director with the concurrence of the City Manager. 4. State Disability Insurance (SDI) and Paid Family Leave SDI and Paid Family Leave provide benefits to eligible employees but do not provide job protection or return to work rights. Eligible employees as determined by the State will re- ceive a percentage of their regular pay under both SDI and Paid Family Leave. Payroll shall, when contacted by the State in determining eligibility, verify an employee’s salary and last day worked. Benefits begin the day after a mandatory seven (7) day waiting period for SDI only. With eligibility established, an employee may: a. Receive benefits for up to fifty-two (52) weeks for SDI; receive benefits for up to eight (8) weeks for Paid Family Leave. b. Receive benefits based on the wages paid during a twelve (12) month base period. c. Receive full pay as long as accrued leave is available to supplement SDI payments. An employee with sick leave accruals available must use their accruals in conjunction with SDI benefits until exhausted. When sick leave is exhausted, an employee shall be required to use all other available leaves such as vacation, CTO, or executive leave until such time is exhausted. State law prohibits an employee from receiving more than 100% of salary in combined sick/vacation leave and SDI/Paid Family Leave benefits. The employee must provide verifi- cation of such payment from the State Employment Development Department (EDD) to the payroll section of Finance. When all available leave balances are exhausted, the employee shall be placed in “inactive” status. Should any discrepancy exist between this policy and the State Unemployment Insurance Code, the State Unemployment Insurance Code will prevail. E. FAMILY AND MEDICAL LEAVE The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees the opportunity to take unpaid, job-protected leave for certain medical and non- medical needs for themselves and certain family members. Although these laws are summarized below, any conflict between those laws and the summary below shall be resolved in favor of said laws. 91 The maximum amount of leave available under these laws is twelve (12) weeks of CFRA leave in a 12- month period and twenty-six (26) weeks of FMLA leave in a 12-month period may be allowable in the case of miliary caregiver leave as detailed below. Some or all available leave may run concurrently as allowed by law. Employees with any questions or requests for information about family and medical leave should consult with the Division of Human Resources. 1. Eligibility To be eligible for leave under FMLA/CFRA, employees must meet all of the following re- quirements: a. Have worked at least twelve (12) months for the City. Separate periods of employ- ment will be counted, provided that the break in service does not exceed seven years. b. Have worked at least 1,250 hours in the twelve (12) months preceding the date the leave would commence. The 1,250 hours do not include time spent on paid or un- paid leave and will not be counted in determining the 1,250 hours requirement. All periods of absence from work due to or necessitated by service in the uniformed services are counted as hours worked in determining eligibility. c. FMLA only: Currently work at a location where there are at least fifty (50) employees within seventy-five (75) miles. All periods of absence from work due to or necessi- tated by service in the uniformed services are counted as hours worked in determining eligibility. 2. Reasons for Leave Employees may take up to twelve (12) weeks of FMLA/CFRA leave within a twelve (12) month period for any of the following reasons: a. The birth of a child and to bond with or provide care for the child. b. The placement of a child with the employee for adoption or foster care and to bond with or care for the new child. c. To care for a spouse, domestic partner, child of the employee, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or designated per- son with a serious health condition as defined in this policy. d. For the employee’s own serious health condition that renders them unable to per- form the functions of their position. e. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency op- eration may use their twelve (12) week FMLA entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal ar- rangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. Leave for this reason is referred to in this policy as “qualify- ing exigency leave” and is not covered under the leave provisions of the CFRA. 92 f. Eligible employees may take up to twenty-six (26) weeks of FMLA leave to care for a covered servicemember during a single twelve (12) month period. Leave for this rea- son is referred to in this policy as “military caregiver leave” and is not covered under the leave provisions of the CFRA. FMLA and CFRA leave will run concurrently when the reason for leave is covered by both laws. If both parents are employed by the City, they each receive twelve (12) weeks of CFRA leave for the birth, adoption, or foster care placement of a child. 3. Definitions a. “Serious health condition” means an illness, injury, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. This includes treatment for substance abuse. b. “Family member” for the purposes of CFRA means a spouse, domestic partner, child of employee or domestic partner of any age, parent, parent-in-law, grandparent, grand- child, or sibling. c. “Designated person” for the purposes of CFRA leave means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The employee must identify the designated person at the time the leave is requested, and only one designated person is permitted per twelve (12) month period. d. “Covered servicemember” means a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty or active duty that may render the servicemember medically unfit to perform their duties for which the servicemember is undergoing medical treatment, re- cuperation, or therapy; or is in an outpatient status, or is on the temporary disability retired list. 4. 12-Month Measurement Period. The City measures the period of twelve (12) months in which leave is taken by a rolling 12- month period measured back from the date leave is taken. Each time an employee takes eligi- ble leave; the remaining leave entitlement is based on the amount of leave taken during the immediate preceding twelve (12) months. For military caregiver leave, an eligible employee may take up to twenty-six (26) workweeks of leave in a single twelve (12) month period. The single twelve (12) month period begins on the first day leave is taken to care for a covered service member and ends twelve (12) months thereafter, regardless of the method used to determine leave availability for other CFRA/FMLA- qualifying reasons. 5. Intermittent and Reduced-Schedule Leave Eligible employees may take leave in a single block of time, intermittently (in separate blocks of time) or by reducing the normal work schedule. Intermittent leave to bond with a new child must be taken in two (2) week increments, with a shorter duration allowed on two (2)occasions. 93 Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt City operations. 6. Interaction with Paid Leave Depending on the purpose of the leave request, the City may require that employees use ac- crued paid leave (such as sick leave, vacation or other paid time off) concurrently with some or all of the leave taken under this policy. To use paid leave for FMLA/CFRA leave, eligible employ- ees must comply with the City’s normal procedures (e.g., call-in procedures, advance notice) for the applicable paid-leave policy. When the leave request is for the serious health condition of a covered family member, employees will only be required to exhaust up to one half of their annual sick leave entitlement. Employee paid-leave accruals (paid time off, vacation, sick leave) will continue while paid leave is being used during periods of FMLA/CFRA absence and in accordance with those individual policies. Employee paid-leave accruals will not continue during unpaid periods of leave or when only disability payments are being received. 7. Maintenance of Health Benefits If employees and/or their families participate in the City’s group health plan, the City will main- tain coverage during FMLA/CFRA leave on the same terms as if the employee had continued to work. If applicable, employees must make arrangements to pay their share of health plan pre- miums while on leave. In some instances, the City may recover the premiums it paid to maintain health coverage or other benefits for employees and/or their families while employees were absent. While on unpaid leave, employees do not accrue vacation, sick, or other paid leave time, unless they are substituting accrued leaves for compensation. Performance evaluation dates may be adjusted to the same extent as any other unpaid leaves. While on leave, employees may participate in life insurance, short term or long-term disability insurance and supplemental benefits plans to the same extent as any other unpaid leaves. The employee is responsible for paying the required premiums. Failure to pay premiums may result in cancellation of coverage. Employees may continue coverage on their own by payroll deductions or direct payments made to these plans. The City will inform employees whether the premiums should be paid to the carrier or to the City. Coverage by a plan may be dropped if the employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before 94 coverage will cease. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his or her leave entitlement is exhausted or expires, the City will have the right to recover premiums through deduction from any sums due the employee (e.g. unpaid wages, vacation pay, etc.) 8. Procedures When seeking leave under this policy, employees must provide the following to the Division of Human Resources: A. Thirty (30) days' notice of the need to take FMLA/CFRA leave if the need for leave is foreseeable. In the case of unforeseeable leave, notice must be provided as soon as practicable and in compliance with the City’s normal call-in procedures, absent unusual circumstances. B. Certification by a health care provider supporting the need for leave due to a serious health condition affecting the requesting employee or a covered family member or ser- vice member within fifteen (15) days of the City’s request for the certification. If the City has reason to doubt the validity of the certification provided, the City may require, at the City’s expense, that the employee obtains the opinion of a second health care pro- vider, designated and approved by the City. If the second opinion differs from the original certification, the City may, at the City’s expense, require that the employee ob- tain a third opinion of a health care provider, designated and approved jointly by the employer and the employee. The opinion of the third health care provider shall be con- sidered final. C. For qualifying exigency leave: Within fifteen (15) days of the request, an employee re- questing qualifying exigency leave may be required to provide appropriate supporting documentation in the form of a copy of the covered military member's active duty or- ders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the employee's relationship to the military member. D. Periodic reports as deemed appropriate during the leave regarding the employee's sta- tus and intent to return to work, not more than every thirty (30) days. E. A return-to-work release before returning to work if the leave was due to the employee's serious health condition and the leave was three days or more. Failure to comply with these requirements may result in delay or denial of leave or dis- ciplinary action, up to and including termination. Leave under this policy will be governed by and handled in accordance with FMLA/CFRA applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations. 9. Employer Responsibilities To the extent required by law, the Division of Human Resources will inform employees whether they are eligible for leave under the FMLA/CFRA. Should employees be eligible for FMLA/CFRA 95 leave, the Division of Human Resources will provide eligible employees with a notice that spec- ifies any additional information required, as well as their rights and responsibilities. Under CFRA, if the employee’s leave is approved, it will be retroactive to the first day requested. The Division of Human Resources will also inform employees if leave will be designated as FMLA/CFRA-protected and, to the extent possible, note the amount of leave counted against employees' leave entitlement. If employees are not eligible for FMLA/CFRA leave, a reason for the ineligibility will be provided to the employee. 10. Reinstatement upon Return from Leave Upon returning from FMLA/CFRA leave, employees will be restored to their original position or to an equivalent position, subject to the defenses permitted under the law, with equivalent pay, benefits, shift, schedule, geographic location, privileges, status, and other employment terms and working conditions and involve the same or substantially similar duties and respon- sibilities and must require substantially equivalent skill, effort, and authority. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously working during the FMLA/CFRA period. Leave approved un- der FMLA/CFRA will not constitute a break in service or cause an employee to lose seniority based on the amount of time the employee was away from work. 11.Military Caregiver Leave Military caregiver leave is designed to allow eligible employees to care for certain family members who have sustained serious injuries or illness while on active duty. Within the single twelve (12) month period described above, an eligible employee may take a total of twenty- six (26) weeks of CFRA/FMLA leave, including up to twelve (12) weeks of leave for any other CFRA/FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition of the employee or close family member, or a qualifying exigency). For example, during the single twelve (12) month period, an eligible employee may take up to sixteen (16) weeks of CFRA/FMLA leave to care for a covered service member when combined with up to ten (10) weeks of CFRA/FMLA leave to care for a newborn child. Military caregiver leave applies on a per-injury basis for each service member. Consequently, an eligible employee may take separate periods of caregiver leave for each covered service member and/or for each serious injury or illness of the same covered service member. A total of no more than twenty-six (26) workweeks of military caregiver leave, however, may be taken within any single twelve (12) month period. 12.Qualifying Exigency Leave Employees who meet the eligibility standards set forth above are eligible to request qualifying exigency leave. Although qualifying exigency leave may be combined with leave for other FMLA-qualifying reasons, under no circumstances may the total leave exceed twelve (12) weeks in any twelve (12) month period (with the exception of military caregiver leave as set forth above). 96 Eligible employees may take unpaid qualifying exigency leave to tend to certain exigencies arising out of the duty under a call or order to active duty of a covered military member (i.e., the employee's spouse, child or parent). Up to twelve (12) weeks of qualifying exigency leave is available in any twelve (12) month period, as measured by the same method that governs measurement of other forms of leave within this policy, with the exception of military care- giver leave, which is subject to a maximum of twenty-six (26) weeks of leave in a single twelve (12) month period. The maximum amount of qualifying exigency leave an employee may use to bond with a military member on short-term, temporary rest and recuperation during de- ployment is fifteen (15) days. Persons who can be ordered to active duty include active and retired members of the armed forces, certain members of the retired Reserve and various other Reserve members, including in the Ready Reserve, Selected Reserve, Individual Ready Reserve, National Guard, state mili- tary, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve and Coast Guard Reserve. A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the president of the United States pursuant to certain laws. Qualifying exigency leave is available under the following circumstances: A. Short-notice deployment: To address any issue that arises out of short notice (within seven (7) days or less) of an impending call or order to active duty. B. Military events and related activities: To attend any official military ceremony, pro- gram or event related to active duty or a call to active-duty status, or to attend certain family-support or assistance programs and informational briefings. C. Childcare and school activities: To arrange for alternative childcare; to provide child care on an urgent, immediate-need basis; to enroll a child in or transfer a child to a new school or day care facility; or to attend meetings with staff at a school or day care facility. D. Financial and legal arrangements: To make or update various financial or legal ar- rangements or to act as the covered military member's representative before a federal, state or local agency in connection with service benefits. E. Counseling: To attend counseling (provided by someone other than a health care provider) for the employee, the covered military member, or a child or dependent when necessary, as a result of duty under a call or order to active duty. F. Temporary rest and recuperation: To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation. G. Post-deployment activities: To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the covered military member's active-duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active-duty status. 97 H. Mutually agreed leave: Other events that arise from the close family member's call or order to active duty, provided that the City and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. I. 13. Exhaustion of Leave If an employee’s illness or injury requires a leave of absence for more than twelve (12) weeks, the City will, with satisfactory medical evidence, extend the employee’s leave for an additional fourteen (14) weeks for a total of twenty-six (26) weeks in a twelve (12) month period. The city will extend the employee’s reinstatement rights through the end of the 26 week period as long as the employee can perform the job with or without reasonable accommodation. At the end of the twenty-six (26) week period, the city may extend the leave for an additional twenty-six (26) weeks for a total of fifty-two (52) weeks of leave; however, the employee will not retain reinstatement rights. The City may at this time fill the employee’s position. Typically, at the end of the fifty-two (52) week period, if the employee is unable to return to work with or with- out reasonable accommodation or if there is not a position available the employee’s employment will be terminated. F. PREGNANCY DISABILITY LEAVE AND ACCOMMODATIONS 1. Eligibility Any employee who is disabled because of pregnancy, childbirth, or a related medical condi- tion may be entitled to pregnancy disability leave (PDL). For employees who are also eligible for FMLA/CFRA leave, PDL is not counted as time used for CFRA leave but does run concur- rently with available FMLA leave. 2. Reasons for Leave PDL is for any period of actual disability caused by your pregnancy, childbirth, or related medical conditions up to four (4) months per pregnancy. PDL does not need to be taken in one continuous period of time but can be taken on an as needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth are all covered by PDL. 3. Amount of Leave Employees may take up to four (4) months of PDL. Employees affected by pregnancy or a related medical condition may also be eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable. 4. Benefits While on Leave a. Benefits. PDL is an unpaid leave. However, will receive benefits pursuant to FMLA up through exhaustion of the employee’s available FMLA and PDL leave. b. Accrued Leaves. While on unpaid leave, employees do not accrue vacation, sick, or other paid leave time, and their performance evaluation dates may be adjusted to the same extent as any other unpaid leave. 98 5. Substitution of Paid Accrued Leaves Employees taking PDL shall concurrently use any available sick leave. Employees shall also use any accrued vacation or other accrued time off as part of their PDL before taking the remainder of their leave as unpaid leave. 6. Employee Notice of Leave To the extent possible, employees requesting PDL should follow the same authorization process for FMLA as outlined in Section E (Family and Medical Leave Act). 7. Medical Certification The City may require employees requesting PDL or a related accommodation to obtain a certification from a health care provider of their pregnancy disability or the medical advisa- bility of a need for accommodation. The certification should include: a. The date on which the employee became disabled due to the pregnancy or the date of the medical need for an accommodation; b. The probable duration of the period of disability or accommodation; and c. A statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of their position without undue risk to the employee, the successful completion of the pregnancy, or to other per- sons. 8. Reinstatement Upon Return from Leave a. Reinstatement to Position. Upon expiration of leave, an employee is entitled to be re- instated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, seniority, and other terms and conditions of employment. Employees have no greater rights to reinstate- ment, benefits, and other conditions of employment than if the employee had been continuously employed during the PDL period. b. Fitness for Duty Certification. As a condition of reinstatement, the employee must ob- tain and present a fitness for duty certification from the health care provider that the employee is able to resume work in the position sought. Failure to provide such certifi- cation will result in denial of reinstatement. 9.Pregnancy Disability Accommodation The Pregnant Workers Fairness Act (PWFA) is enforced by the Equal Employment Oppor- tunity Commission and requires covered employers to provide “reasonable accommodations” to employees who have known limitations related to pregnancy, child- birth, or a related medical condition, unless the accommodation will cause the City an undue hardship. Examples of possible accommodations include: • Allow a stool or chair during workshift; • Receive closer parking; • Have flexible hours; • Receive appropriately sized uniforms and safety apparel; • Receive additional break time to use the bathroom, eat, and rest; • Take leave or time off to recover from childbirth; 99 • Be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. 10. Lactation Accommodation The City recognizes the importance of breastfeeding and supports employees who need additional time and space in order to express milk. The City will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run con- currently with the regular break time shall not be paid. The City will provide the employee with a room, other than a bathroom, or other location in close proximity to the employee’s work area, shielded from view, for the employee to express milk in private as well as access to a sink with running water, and a refrigerator or cooler for storing breast milk. A room provided for this purpose: • Will be safe, clean, and free of hazardous materials • Will be free from intrusion • Contain a surface to place a breast pump and personal items • Contain a place to sit • Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery- powered breast pump An employee may request an accommodation for lactation breaks by submitting a request to the Division of Human Resources. G.REPRODUCTIVE LOSS LEAVE California law allows eligible employees who experience a reproductive loss event to take up to 5 days of unpaid time off work. A reproductive loss event is defined as the day or for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. Employees who have been employed with the City for 30 days are eligible. Employees may utilize other paid leave accruals during this leave. Eligible employees are entitled to up to 5 days for each reproductive loss event during each 12-month period up to a maximum of 20 days. H.CATASTROPHIC LEAVE It is the policy of the City of Redlands to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on approved leave of absence due to a veri- fiable illness or injury. 1. Provisions Participation in the plan is voluntary. For the purposes of this leave program, “catastrophic” shall be interpreted to include an illness or event which is devastating, unexpected, immediate in nature, and which is ex- pected to preclude the employee from returning to work for an extended period of time. The City reserves the right to request supporting documentation. 100 The receiving employee must be or have been absent from work due to injury or illness and have exhausted all earned leave credits, including but not limited to, sick leave, vacation leave, holiday leave, comp time, executive leave, etc., and is, therefore, facing financial hardship. A determination on sick leave accruals shall be made on a case-by-case basis in accordance with the Family Medical Leave Act (FMLA). The hours shall be deducted from the donor’s leave balance, converted to dollars and used to compensate the recipient at the recipient’s regular rate of pay. Donations shall be listed in the order in which they are received by the Division of Human Resources. Each pay pe- riod, a sufficient number of donor hours shall be converted and used to compensate the recipient. Unconverted donations shall revert to the donor. If sick leave is contributed: a. The donor’s balance cannot drop below two-hundred (200) hours; and, b. Sick leave hours donated shall not count as hours used for the purposes of sick leave buy back. c. Donations shall be made in whole hour increments. d. Donated hours are irrevocable. e. The recipient must have been employed with the City for at least six months of con- tinuous service. f. Requests may be initiated by the employee or on behalf of the employee, recom- mended by the Department Director with the agreement of the Human Resources Director and final approval by the City Manager. g. The total number of hours donated to an employee shall not exceed the length of the approved leave of absence. I. JURY DUTY AND WITNESS LEAVE All employees in the competitive service who are required to serve on a jury shall be entitled to regular compensation. Employees released early from jury duty shall immediately report back to their normal work assignment. An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which he or she perceived or investigated in the course of his or her employment with the City shall be al- lowed to do so without loss of compensation, unless it is the employee’s own lawsuit. An employee subpoenaed to appear in court in a matter unrelated to his or her official capacity, or who is appearing in court in a matter initiated by the employee, shall be permitted time off without pay, or if the employee chooses, to use accrued vacation for this purpose. J. MILITARY LEAVE Military leave will be granted as required by law. Prior to taking such leave, an employee shall present a copy of their military orders to the Department Director. Benefits shall continue to accrue to the extent required by law. 101 K. PERSONAL LEAVE At the sole discretion of the City, an employee may be granted a personal leave of absence upon the recommendation of the Department Director and the approval of the City Manager. The City may fill the position with a temporary or provisional employee during the term of the leave of absence or un- dertake any other appropriate measures to address workload needs. The employee shall take any available accrued leaves as compensation during a personal leave of absence. 1. Authorization Employees requesting a personal leave of absence must submit the request in writing to their Department Director. The request should state the reason for the leave and the an- ticipated beginning and ending dates of the leave. The Department Director will submit the request along with his or her recommendation to the City Manager. The City Manager will make a decision in writing and transmit the decision to the employee. The decision of the City Manager shall be final and is not subject to grievance or appeal. The City Manager’s determination will include, but is not limited to, the following factors: a. Any history of excessive unauthorized absences or leave abuse; b. Any detrimental effect on the operation of the department/division; and c. The reason for the leave of absence. Examples of reasons that may be considered are: i. To take a course of study that will increase the employee’s usefulness or effec- tiveness to the city ii. Other personal or family related reasons. Use of the leave for a purpose other than that requested may be cause for forfeiture of reinstatement rights or disciplinary action, up to and including termination. 2. Length of Leave and Extension Leaves of absence shall not exceed thirty (30) days, however, the City Manager reserves the right to extend the leave at their sole discretion for an additional period, not to exceed six (6) months. Employees requesting a leave extension must submit a written request no later than fourteen (14) days prior to the approved expiration of the original leave. Employees that are granted an extended leave will be responsible for full payment of any benefit pre- miums. 3. Return from Leave When an employee intends to return from an authorized leave of absence, either before or upon the expiration of such leave, the employee shall contact the Department Director at least fourteen (14) days prior to the planned day of return. The Department Director shall promptly notify the Division of Human Resources of the employees’ intention. Failure of an employee to abide by this notification procedure or to report for work promptly on the date of leave expiration shall be grounds for discipline up to and including termination. 4. Adjustments to Accrual of Benefits Sick leave, holidays, and vacation leave will not accrue during any unpaid leave time, unless otherwise expressly provided for in an applicable MOU. Employees on unpaid leave will be responsible for any benefit premiums during their leave of absence. 102 XI. RISK MANAGEMENT A. WORKERS’ COMPENSATION 1. Reporting Procedure a. Any employee who is injured while on duty must immediately report the injury or illness to their immediate supervisor. The supervisor will provide the employee with the appropriate forms and turn the completed forms into Human Resources within 24 hours of the injury. In the event the employee is physically incapacitated, the supervisor shall complete and forward all forms and reports to Human Resources within 24 hours following the injury. b. The Division of Human Resources shall authorize medical treatment for the em- ployee at the City’s occupational medical clinic. An employee may seek medical treatment from his or her own physician if they have been previously designated and on file in Human Resources. B. CIVILIAN EMPLOYEES 1. Use of Paid Accrued Leaves If an employee is directed by the City’s physician or the employee’s physician to be absent from work due to the work-related injury the employee will be required to use their accrued leave time for compensation for the first three days of time off from work. If it is determined that the employee is temporarily disabled and is ordered to be off work for more than fourteen (14) days, or has restrictions that the City cannot accommodate, the temporary disability payment, as required by the Workers’ Compensation Act, will go back to the date of injury. An employee shall apply pro-rated accrued sick leave, vacation leave or comp time to an absence and to receive compensation equal to the difference between the compensation which the employee is entitled under the Workers’ Compensation Act and their regular City salary, not to exceed the amount of earned leave time. If the employee does so elect and has applied accrued leave to such absence, then he/she shall be entitled to receive com- pensation for absences following and related to the occurrence of a specific injury until sick leave is exhausted. 2. Benefits Any employee shall continue to accrue vacation, holidays and sick leave and to earn eligibil- ity for consideration for merit salary increases during an absence resulting from a work- related injury so long as the employee receives compensation payments under the provi- sions of the Workers’ Compensation Act. A probationary employee shall be entitled to the same benefits as a regular employee, except the probationary employee shall not continue to earn eligibility for consideration for merit salary increases or regular status. Medical care and payment for permanent disabilities incurred in the course of employment shall be as prescribed by the Workers’ Compensation Act. 103 C. SWORN EMPLOYEES Whenever a sworn peace officer or firefighter, or other employee eligible under Labor Code Section 4850, sustains a work related or industrial injury while actively engaged in law enforcement he/she shall receive compensation as provided under the Workers’ Compensation Act and/or Labor Code pro- vided under State Law. Such employee shall be placed on leave of absence at full salary and shall be paid by the City as long as required by Section 4850 and related Sections of the Labor Code. During the time the City is required to pay and actually pays, the employee shall not be entitled to receive any temporary disability payment under the Workers’ Compensation Act, and the City shall be entitled to receive all payment which would otherwise be payable to such employee for such temporary disability or upon retirement. D. LONG-TERM ILLNESS AND LABOR CODE SECTION 4850 APPOINTMENTS The Division of Human Resources may declare a position temporarily vacant due to the absence of an employee on leave pursuant to Labor Code Section 4850 or on long-term illness leave and the position may be filled by a temporary or interim appointment. A person appointed to the position shall sign a statement acknowledging that: • The appointment is temporary only, with no attainment of regular status; and • If already employed by the City, the appointment will revert to their original position and salary range upon notice from the HR Director. E. MODIFIED DUTY When a City employee is being treated for a work or non-work related injury or illness and is deter- mined fit by the City approved treating physician to return to work on a temporary basis with modified duties or tasks, the City will make every attempt to return the employee to work in a modified duty status. All such modified duty work assignments are to be within the limitations as described by the City approved physician who is qualified to render an opinion on the worker’s physical abilities. Mod- ified duty assignments for miscellaneous employees typically will not exceed sixty (60) days. For safety employees only, modified duty assignments typically will not exceed twelve (12) months. Due to staff- ing restrictions in some areas, light or modified duty may not be available. The determination of the availability of light or modified duty assignments will be made by the Department Director and the Division of Human Resources. In the event an employee refuses the modified duty offered, and the employee satisfies the restrictions and ability to perform the modified duty, the City is not obligated to provide an alternative position. In such cases, Human Resources will notify the insurance carrier of the employee’s refusal of the modified duty. Any employee returning to modified duty must not exceed the duties of the position or go beyond the doctor’s restrictions. If any medical restrictions change, the employee must immediately notify his or her supervisor and provide Human Resources with a copy of the new medical release within twenty- four (24) hours. Supervisors will monitor work performance to ensure the employee does not exceed the requirements set by the attending physician. 104 F. CHECK IN PROCEDURES During the period of time that an employee is off work due to an industrial injury, the department may require the employee to check in with the Division of Human Resources on a regular basis. G. ACCIDENT REPORTING, RECORDING AND ANALYSIS The elimination of incidents, accidents, and injuries is a goal of the City of Redlands. In order to achieve this goal, a well- established system of reporting and recording vehicle and equipment accidents has been developed. 1. Definition An accident is an unplanned event that results in personal injury or property damage. An incident is an unplanned event that does not result in a personal injury but may result in property damage or is wortyh of recording. 2. Procedures for reporting accidents/injuries/incidents a. If life threatening, call 911 immediately; b. Notify the Division of Human Resources immediately; c. Notify supervisor; d. Complete all forms required by the City’s safety policies and Injury and Illness Pre- vention Program. Forms must be submitted to the Division of Human Resources within twenty-four (24) hours; Employees using personal vehicles while on duty shall follow this policy and comply with these reporting procedures. 3. Supervisors’ Responsibilities If the employee is not able to complete the above information, the supervisor or their de- signee shall be dispatched to the accident to obtain the above information and complete the forms. In addition, the supervisor shall: a. Notify HR and arrange transportation for employees required to submit to a drug and alcohol screening immediately after an accident; b. Consult with Risk Management to determine whether a drug and alcohol screening is necessary; c. Consult with Risk Management for all accidents involving moving violations and re- quire a full police report. 11. Employee Responsibilities a. Submit to a drug and alcohol screening for all accidents involving a moving violation. Safety personnel may be exempt from drug testing requirements of this policy; and b. Comply with the instructions issued by the supervisor, Risk Management, and/or safety personnel. 12. Risk Management Responsibilities a. Ensure all relevant information is received; b. Conduct a thorough investigation to provide recommendations; and c. Complete forms as required by the Department of Motor Vehicles, Department of Transportation, and/or any other agency. 105 13. Accident Reports and Records All accidents shall be reported to provide the City with an overall summary of events. A Report of Incident, Accident, or Injury Form shall be used to record pertinent information. The report shall include the following information: a. Date and time of accident b. Name of employee(s) c. Department d. Vehicle identification number e. Location of accident f. Brief description of accident g. Fatalities and/or injuries h. Property damage i. Physical damage to City property j. Photographs If a Report of Incident, Accident or Injury form is not available the employee or supervisor is required to gather and record the above information using an alternative format. 7. Accident Investigation A thorough investigation shall be conducted to determine the primary cause of any injury, accidents, or incidents involving city vehicles and equipment. The investigator shall deter- mine how the accident occurred, what physical evidence might be available, and obtain witness statements. The investigator shall gather information to reconstruct the events leading to the accident and should record those facts for future reference. Contributing factors shall also be identified. Such an investigation helps to show the basic conditions responsible and point out the area(s) in which either specific or general correc- tive action should be taken. The information derived from the accident analysis should be used constructively to educate employees or change procedures in an effort to prevent fu- ture occurrences. This information may also be used to identify remedial training needs. 8. Disciplinary Action Any driver involved in an accident involving a City owned vehicle or piece of equipment and found to be negligent may be required to complete a driver safety training course and sub- ject to disciplinary action, up to and including termination.