HomeMy WebLinkAbout93-38 employee disciplineRESOLUTION NO. 93-°~ ~-~g
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING PERSONNEL POLICY PROCEDURES
AND RULES GOVERNING EMPLOYEE DISCIPLINE
WHEREAS, the City of Ukiah desires to keep its employees informed of
current personnel policies and benefits; and
WHEREAS, it is important for every employee to have in written form
all new policies and laws that are updated and revised due to current
legislation and court decisions; and
WHEREAS, the procedures for handling problems an employee may be
encountering on the job or with their performance has been established and
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approved by the employee units; and
WHEREAS, the City desires to revise and update its personnel policies
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on a continual basis; and
WHEREAS, the City has met with all of the employee units who have
approved the personnel policies and rules governing employee discipline;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts
the Employees' Manual containing the personnel policies for the City of
Ukiah, which is attached as Exhibit "A", and the rules governing employee
discipline, which are included in the Employees' Manual as Exhibit "E",
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and are incorporated herein.
PASSED AND ADOPTED this 2nd day of December , 1992.
AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker
and Mayor Schneiter
NOES: None
ABSENT: None
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ABSTAIN: None
ATTEST,:
CAXT~IY ~McK~Y' CI RK
R: PER6
Res Personnel
CITY OF UKIAH
EMPLOYEES' MANUAL
Effective
CITY OF UKIAH
EMPLOYEES' MANUAL
TABLE OF CONTENTS
1.00 INTRODUCTION
1.01 CITY MANAGER'S WELCOME
1.02 MISSION STATEMENT
2.00 GENERAL CONDITIONS OF EMPLOYMENT
2.01 INTRODUCTION
2.02 EQUAL EMPLOYMENT OPPORTUNITY
2.02.1 Immigration Regulations
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11-
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
PRE-EMPLOYMENT PHYSICAL
INTRODUCTORY PERIOD
GENERAL EMPLOYMENT POLICY
ATTENDANCE AND TARDINESS
WORKING HOURS
STANDBY DUTY AND CALL BACK DUTY
OVERTIME
PAYROLL/TIME SHEETS
ACTING PAY
PERSONNEL RECORDS
JOB DESCRIPTIONS
PERFORMANCE EVALUATIONS AND SALARY INCREASES
EMPLOYEE ORGANIZATIONS
JOB VACANCIES
OUTSIDE EMPLOYMENT
EMPLOYMENT OF RELATIVES
LAYOFF
RESIGNATION
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TABLE OF CONTENTS, cont'd.
3.00 CONDUCT AND CONSEQUENCES
3.01 INTRODUCTION
3.02 OPEN DOOR POLICY
3.03 GRIEVANCE PROCEDURE
3.04 HARASSMENT POLICY
3.05 GENERAL STANDARDS OF CONDUCT
3.05.1 Safety
3.05.2 Fire Prevention, Sanitation, and Housekeeping
3.05.3 Attendance and Work
3.05.4 Behavior at Work
3.06 DISCIPLINE GUIDELINES
3.07 SOLICITATIONS AND DISTRIBUTION
4.00 BENEFITS
4.01 INTRODUCTION
4.02 HOLIDAYS
4.03 VACATION
4.04 INSURANCE BENEFITS
4.05 LEAVES OF ABSENCE
4.05.1
4.05.2
4.05.3
4.05.4
4.05.5
4.05.6
4.05.7
Sick Leave
Jury/Witness Duty
Bereavement Leave
Disability/Pregnancy Leave
Unpaid Leave of Absence
Military Leave
Workers Compensation
4.06 RETIREMENT PLAN AND DEFERRED COMPENSATION
4.07 TRAINING
4.08 CREDIT UNION
4.09 EMPLOYEE ASSOCIATION
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TABLE OF CONTENTS, cont'd.
5.00 OTHER CITY POLICIES
5.01 TRAVEL REIMBURSEMENT
5.02
5.03
5.04
5.05
5.06
5.07
5.08
5.09
CASH ADVANCES
SAFETY PROGRAM
SERVICE CLUB POLICY
RESIDENCY
SMOKING POLICY
PERSONAL PHONE CALLS
BUILDING KEYS
HEALTH CLUB
6.00 RECEIPT AND ACKNOWLEDGEMENT
7.00 UNIT SECTIONS
7.01 ELECTRIC UNIT
7.02 FIREFIGHTERS/FIRE ENGINEERS AND SUPERVISORY UNITS
7.03 MANAGEMENT UNIT
7.05 POLICE OFFICER AND SUPERVISORY UNITS
7.06 MISCELLANEOUS UNIT
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1.00 INTRODUCTION
WELCOME TO THE CITY OF UKIAH. As a newly hired employee, you have become an
integral and valued member of one of the most progressive and dynamic public service
organizations in this region, and state. "
The City of Ukiah prides itself on attracting the most skilled and talented individuals to its
organization. You were hired as a City of Ukiah employee because you were determined, after
an extensive recruitment and selection process, to be the most qualified for the position you now
occupy, and because you exemplify the professional dedication and commitment to excellence
that we value in this organization.
We believe very importantly in our primary mission being to provide our citizens with the most
efficient, effective, and responsive service possible. Therefore, the role you play in contributing
to and carrying out our mission is central to the overall success of this municipal government.
We must be forever mindful that all of our positions as public service professionals are
temporary positions of public trust; and as such, honesty, integrity, mutual respect and high
ethical standards are the hallmarks by which we conduct ourselves with our fellow employees,
and by which we serve our community at all times.
As a new employee, you will find that the management and rank-and-file employees enjoy an
informal, cooperative working relationship that is very much a team-oriented approach to the
issues and challenges we face as an organization. It is this positive spirit of working together,
and communicating with each other that is so essential to our serving our citizens in the most
effective manner possible.
As a new employee, you will understandably have many questions about your position and work
with the City. We have prepared this Employees' Manual to assist you. It should answer
questions you are likely to have and serve as a useful reference in the future.
Best wishes and welcome aboard!
Charles L. Rough, Jr.
City Manager
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1.02 MISSION STATEMENT
The City of Ukiah believes that serving the citizens of this community in the most efficient,
effective and responsive manner possible is our primary mission, purpose and value as a public
service organization.
Within that spirit, the City of Ukiah is continually striving to improve and to perfect the quality
and efficiency of our municipal programs, projects and services; and to insure the financial
solvency and stability of those programs and services.
The City of Ukiah is dedicated to the principle of citizen democracy, and to the participation and
involvement of all citizens in the governing process of our City and community. We view the
open exchange of ideas, opinions and perspective as enriching our community and the
development of public policy. We believe that the openness, accessibility and responsiveness
of our public officials, staff and employees is directly related to guaranteeing that government
in a free society serves rather than dictates to our citizens, and that our citizens are treated with
the respect they deserve.
The City of Ukiah is a public service organization that takes pride in the team spirit and
atmosphere of mutual respect that exists between the Mayor and City Council, and the City
Council, staff and employees. We believe these characteristics of our organization are
fundamental to the proactive, progressive and results-oriented nature of this City government.
The City of Ukiah believes that experienced, well-trained, well-informed and service-oriented
employees are fundamental to our mission and purpose as a public service organization. We
view our employees, full and part-time, as our most important resource in the quality and
effectiveness of the services we provide. As such, they deserve our continuous respect,
admiration and support as public service professionals making government work for our citizens.
"We are here to serve you" is more than a slogan. It is the very core of everything we stand
for and represent in carrying out our mission on behalf of the citizens of Ukiah.
Adopted by the City Council, June, 1991.
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2.00 GENERAL CONDITIONS OF EMPLOYMENT
2.01 INTRODUCTION
Basic employment policies are outlined below. They explain how your work day is scheduled,
how the City will address specific areas of activity, and what you can do to make your time with
the City both enjoyable and productive.
The policies contained in this Manual apply to all City employees except elected officials, the
City Manager and City Attorney. Sections relating to the selection and discipline of employees
do not apply to Department Heads. Certain policies do not apply to Temporary and Part Time
employees unless specifically indicated. Volunteers and independent contractors are not
employees and are not covered under the policies of this Manual, except that certain designated
volunteers are considered employees for purposes of workers compensation.
2.02 EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of the City to provide equal employment opportunities to all employees and
applicants for employment without regard for race, color, ancestry, religious creed, national
origin, sex, age, physical or mental handicap, medical condition, or marital status. This policy
applies to all employment decisions, including hire, discharge, recruitment, promotion, transfer
and compensation.
2.02~ 1 Immigration Regulations
In compliance with the Immigration Law (IRCA) passed in 1986, all employees hired on
or after November 6, 1986, are required to provide documentation verifying their identity
and authorization to work in the United States. The Immigration and Naturalization
Services 1-9 Form must be completed and signed at the time of hire by every new
employee and by the Personnel Director.
IRCA does not compromise the City of Ukiah's policy regarding equal employment
opportunity.
2.03 PRE-EMPLOYMENT PHYSICAL
All job offers with the City are conditional upon successfully passing a pre-employment physical.
The purpose of the exam is to assure that the applicant is physically capable of performing the
duties of the job.
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2.04 INTRODUCTORY PERIOD
There is an introductory period of six months for new appointments and promotions, except for
police officers and dispatchers who have a twelve month initial employment period. During this
period you and the City can evaluate each other to determine if employment should continue.
This introductory employment period is used to closely observe your work. It may be extended
by your Department Head for up to six months if your performance warrants it. You may be
terminated during the introductory period any time without approval of the Civil Service Board,
without cause, and without the right of appeal.
A promoted employee may be reassigned to his/her original position during the introductory
period.
Within four weeks of the conclusion of this introductory period you will, and at any time during
the introductory period, you may receive a performance evaluation. These evaluations will give
you and your supervisor or manager an opportunity to assess your performance to date, evaluate
your on-the-job skills, and determine your on-going relationship with the City.
Regardless of classification status or length of service, you are expected to meet and maintain
City standards for job performance and behavior throughout your employment with the City.
2.05 GENERAL EMPLOYMENT POLICY
There are several categories for employment with City of Ukiah, depending on the nature of
your position. They are as follows:
Regular Full-Time Employees Those employees, whether exempt or non-exempt, who have
been hired to work on a regular, full time basis. Regular full time employees are entitled to all
City sponsored benefits for which they qualify.
As a regular full time employee, the position you hold has been determined to be exempt or
non-exempt in status. At the time of hire, your supervisor or manager will inform you
regarding the status of your position. The following explanations are for your information.
Exempt Employees Exempt employees are exempt from the overtime requirements of federal
and state law, and City personnel policies.
Non-Exempt Employees Non-exempt employees are entitled to overtime pay for all hours
worked in excess of the number of hours they are normally expected to work, in accordance
with applicable federal and state law and City policy.
Part Time Employee Those employees who have been hired to work on a regular part time (less
than thirty five (35) hours per week) basis. PERS retirement benefits are available to part-time
employees who work over 20 hours/week on a yearly average. Insurance benefits are not
available to part time employees.
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Temporary Employees Those employees who have been appointed to work for a limited period
of time or on a specific project not to exceed twelve consecutive months in a fiscal year.
Temporary employees are not eligible for City sponsored benefits. Temporary employees
working through temporary personnel agencies are not considered City employees.
Emergency Appointed Employees Those employees: who have been appointed to meet the
immediate requirements of an emergency condition such as fire, flood or earthquake, which
threatens public life or property. These employees may be appointed without regard to
personnel policies, and retained for the duration of the emergency only. They are not eligible
for City sponsored benefits.
Volunteers These persons are individuals who volunteer for unpaid service with the City. They
are employees only for purposes of Workers Compensation. They are deemed covered by
Workers Compensation while performing services for the City if they have been so designated
by the City Manager in accordance with Resolution No. 91-33. Examples are volunteer fire
fighters or museum docents. Contact the Personnel Director for more information.
Refer to Civil Service Ordinance (Addendum A) for discussion of Civil Service employees.
Classified service includes all appointive positions of employment with the City of Ukiah except
for (1) all City Department Heads, (2) all uncompensated positions, (3) all part time or
temporary positions, (4).all personnel hired for a State or Federally funded program or project
of definite duration, and (5) all persons employed to render professional, scientific, or expert
service of an occasional or exceptional character for a limited time period.
2.06 ATI'ENDANCE AND TARDINESS
For the City to run efficiently, we need you to be at your job on time. Your good attendance
and punctuality indicate a conscientious regard for the City and a real effort to fulfill its needs
each day. Your absence or tardiness will increase the workload of your fellow employees or
create a backlog of work in your own job.
Excessive absenteeism, failing to report your absence to your supervisor at or prior to the
beginning of your shift, or excessive tardiness, may lead to disciplinary action, up to and
including termination.
You must have the approval of your supervisor prior to leaving work for other than regularly
scheduled departures.
2.07 WORKING HOURS
You are expected to work the hours set for your department. Upon hire, each employee will
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be informed of their work period.
hours a week.
Refer to Unit Sections for details on shifts other than 40
You will receive a ten minute paid break for each four hours of work, and an unpaid meal break
of at least 30 minutes for each eight hours of work.
2.08 STANDBY DUTY AND CALL BACK DUTY
Refer to Unit Sections for information on call back and standby duty.
set forth in the employee job descriptions.
Standby obligations are
2.09 OVERTIME
Occasionally, the needs of the City may require that employees work overtime.
For non-exempt employees working an eight hour shift, overtime is defined as actually working
more than 40 hours in your designated seven (7) day work week. For non-exempt employees
working other than an eight hour shift, refer to Unit Sections for overtime definitions. Overtime
will be calculated in increments of one-half hour.
Some Unit Sections have details on overtime compensation and compensatory time off (CTO).
All overtime must be authorized by your supervisor.
If you are required to work four or more consecutive hours outside your standard work day due
to an emergency, the City will reimburse you if you purchase a meal during this time.
2.10 PAYROLL/TIME SHEETS
The pay period is Sunday through the second Saturday. Paychecks are issued every other
Friday, reflecting the two week pay period ending the previous Saturday. Time cards must be
turned in to your supervisor no later than the end of your workday on pay week Monday.
Deductions will be taken for the required federal and state taxes, employee authorized
deductions, or court ordered garnishments.
Checks will be distributed on Friday to the employees or to the Department Heads or their
designated representative, who will, in turn, distribute checks to all employees. No exceptions
can be made to this policy. No checks will be issued to anyone other than the designated
employee, unless prior authorization has been given by the employee.
If payday falls on a holiday, checks will be distributed on the working daY immediately before
the holiday.
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2.11 ACTING PAY
If you are assigned duties in a higher classification, you may receive a higher rate of pay, called
Acting Pay. In order for Acting Pay to be implemented, you must have the advance approval
of your Department Head, indicating both your current position, the position you will be
performing, and the anticipated length of time this Acting Pay will remain in effect.
Refer to Unit Sections for further details.
2.12 PERSONNEL RECORDS
Records of important events in your work with the City, such as performance evaluations, are
kept in your Personnel' File. It is important that the City have accurate and current employee
information. Please inform the Personnel Department of any changes to your name, address,
home telephone number, marital status, dependents, emergency telephone number, beneficiary,
or tax withholding status.
You may review your Personnel file, at a reasonable time, in the Personnel Department.
Personnel will arrange for you to review your file upon request. You will receive a copy of any
record initiated by the City regarding your specific employment. No documents will be removed
from Personnel files by or for employees. If you identify an error in your file, you may submit
a memo to correct it.
Credit or employment verification are provided by Personnel only. Salary information will be
confirmed only with written approval of the employee. Verification without specific written
instructions and a release from the employee will be limited to dates of hire (and separation, if
applicable) and most recent job title.
2.13 JOB DESCRIPTIONS
All jobs are documented by position descriptions and are classified according to salary ranges.
Each position description includes the job title, job definition, typical tasks and responsibilities,
and requirements for training, education, and other applicable qualifications. Contact the
Personnel Director for more information on position classifications and salary ranges.
2.14 EMPLOYEE PERFORMANCE EVALUATIONS AND SALARY INCREASES
Performance Evaluations You will receive a written performance'evaluation at the conclusion
of your introductory employment period and at least annually thereafter. Special evaluations
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may be given when deemed appropriate by your supervisor. The evaluation will consider your
attendance and overall performance on the job. The performance evaluation is intended to
encourage discussion and communication between you and your supervisor regarding your
performance. The goal is to achieve improved performance and job satisfaction.
If you are dissatisfied with your evaluation, you have the right to a conference with your
supervisor and Department Head, and the right to haVe your written comments attached to the
evaluation.
Salary Increases Salary ranges have been developed for each position class in the classified
service. Each salary range consists of a schedule of steps. These steps provide increases based
on time in the position and on level of performance. Upon being hired at Step A of a pay range,
the City will consider an increase to Step B on or after the first six months, if your performance
is satisfactory. Employees may be hired at steps higher than A, based on prior experience.
Employees must serve at least one year in each of Steps B through D before they may be
considered for a higher step. Each year, until you reach the top of the pay range for your
classification, your performance will be evaluated and a step increase considered by your
supervisor. Step increases are not automatic but are based on satisfactory service, performance
rating and recommendation by your Department Head. The City Manager may grant an increase
to a higher step based on exceptional performance. Refer to Unit Sections for any variations
to this Policy.
Employees promoted from one classification to another shall receive at least the next higher pay
step than that which the employee was earning. If the employee would have received a step
increase in their previous position within six months of the promotion, they will receive at least
5 % higher than that step increase upon promotion.
The City Council will adopt and revise as necessary the Classification and Pay Plans as
recommended by the City Manager. The City Manager may make revisions to job descriptions
that do not significantly change the nature of the job without City Council approval.
2.15 EMPLOYEE ORGANIZATIONS
Eight employee organizations have been given official recognition as representing employees
within units for representation purposes. The Operating Engineers Local Union No 3 represents
the miscellaneous and electric employee units; the Management Unit represents management
employees; the Directors Unit represents the Department Directors; the Police Officers Unit
represents police officers and dispatchers; the Police Supervisory Unit represents police
sergeants; the Fire Supervisory Unit represents fire captains; and the Fire Fighter/Fire Engineer
Unit represents fire fighters and fire engineers. Whether you join or do not join any employee
union or association is your decision and in no way affects your employment status. You will
be covered under the appropriate unit MOU in any case. Refer to Resolution No. 73-55 for
details on rules respecting employee Organizations and employer-employee relations.
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2.16 JOB VACANCIES
Vacancies in the classified service are generally filled by re-employment, transfer, demotion,
promotional list, or from eligible applicants, certified by the Personnel Director, from an
appropriate eligibility list. In the absence of a sufficient number of qualified eligible persons
for appointment in these ways, or if a job requires special skills or expertise, the Personnel
Director will obtain applications for the position and conduct appropriate examinations to
establish a list of persons with eligible qualifications for appointment.
Reasonable prior notice of all tests for positions in the classified service shall be published by
posting announcements in City Hall and, in the case of non-promotional recruitment, by a "want
ad" in a local newspaper. Announcements shall consist of the applicable job description with
other pertinent information such as the deadline date for receiving applications and ADA
requirements.
Applications may be rejected for failure to meet the minimum job requirements for experience
and/or education.
All acceptable applicants will be tested by verbal, written, practical demonstration, or any other
testing technique, or combination of testing techniques, which would establish a relative ability
of the applicant to perform the duties of the position. Failure in one part of the test may be
grounds for declaring such applicants as failing in the entire test or as disqualified for subsequent
parts of a test. Any candidate who has taken and failed the exam twice within a three year
period shall be ineligible to take the test for a period of two years from the date he/she last took
the test.
Any applicant has the right to inspect his/her own test results. An error in grading or rating,
if called to the attention of the Personnel Director within one month after posting the
employment lists resulting from the examination, will be corrected. However, correction will
not invalidate certification or appointments made before the error was brought to the attention
of the Personnel Director.
As soon as possible after the conclusion of the tests, the Personnel Director will prepare and
keep available an employment list consisting of the names of persons successfully passing the
tests. Whenever identical grades exist, they will receive the same ranking order on the list.
Eligible and promotional lists will become effective upon the approval by the City Manager and
the lists will remain in effect for six months. Eligible lists may be extended by the City
Manager for additional six month periods but, in no event, will these lists remain in effect for
more than eighteen months. At any time after an eligible list has been used, and if the
remaining names have been passed over previously for valid reasons, the City Manager may
cancel the entire list and order another examination when an eligible list is requested.
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Whenever a Department Head wishes to fill a vacancy, he/she will consult with the Personnel
Director, to determine if the position will be filled through a closed promotional, from existing
City employees, or by open recruitment. If sufficient applications are not received from
qualified applicants to conduct a closed promotional examination, the vacancy may be advertised
as an open recruitment vacancy. In the case of an open recruitment vacancy, the Department
Head may initially interview up to the top five eligibles on the list. If unable to appoint from
the top five, the Department Head may continue to interview from the list according to ranking.
If a promotional applicant is in the top five on an open recruitment eligible list and is, in the
opinion of the Department Head, at least as capable of performing the job duties as the non-
promotional applicants, then the Department Head may give preference in selection to the
promotional candidate.
2.17 OUTSIDE EMPLOYMENT
The City does not encourage outside employment (second jobs). However, if there is no conflict
of interest involved, as determined by the City, and the employment will not adversely affect
your performance or your attendance, the City may grant approval for you to hold outside
employment. Before undertaking a second job, you must meet and discuss the job with your
Department Head or Supervisor. If the Department Head feels that there is a conflict of interest,
a meeting will be held with the Department Head, City Manager, Personnel Director, and the
employee to discuss the possible conflict and if the outside employment is appropriate. This
section is subject to the grievance procedure.
2.18 EMPLOYMENT OF RELATIVES
The City has no general prohibition against hiring relatives. However, a few restrictions have
been established to help assure the fair treatment of all employees. While we will accept and
consider applications for employment from relatives, close family members such as parents,
children, spouses, or in-laws will not be hired into positions where they directly or indirectly
supervise or are supervised by another close family member. Further, such relatives will not
be placed in positions where they work with or have access to sensitive information regarding
an immediate family member. (Effective 1/87)
2.19 LAYOFF
Certain budgetary conditions and the efficient operation of the City may require that we
reorganize, reduce staffing or eliminate positions. Although the City hopes to avoid layoffs, this
isn't always possible.
If a reduction of personnel becomes necessary, the City Manager will prepare a written analysis
of the reduction necessary and submit it to the City Council.
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The first employees to be laid off will be temporary employees; resulting vacancies will be filled
by transfer of qualified regular full time employees.
A reorganization may also require demotions, in which case employees in higher classifications
who have more seniority than employees in lower classifications within the same department may
replace these employees. If you are demoted as a result of a reorganization, you will not lose
eligibility to go back to your original position with all prior employment status, accrued benefits,
and tenure rights if you are capable to perform the duties and if a vacancy occurs for that
position within five years of the demotion.
If a layoff of some but not all employees in a position occurs, the City will normally retain some
employees and lay off others on the basis of length of service with the City. Length of service
is calculated from the employees' date of hire as a full time regular employee within the
Department affected and does not include any unpaid leave time of any kind. Promoted
employees with up to five years of service in their new position may have bumping rights in
their previous position. Refer to the Civil Service Ordinance (attached) for more details.
After a layoff, you will have the right to be rehired with prior employment status in your
previous position if a vacancy occurs within a period of two years from the termination date.
2.20 RESIGNATION/REEMPLOYMENT
Employment with the City of Ukiah is not for any specific period of time and can be terminated
at any time by you or by the City, in accordance with applicable disciplinary rules.
Notice of Intent to Leave If you intend to leave your employment for any reason, you are
requested to give at least one week's notice to your Department Head. The Department Head's
acceptance of your resignation indicates your resignation is final and irrevocable.
Exit Forms and Interviews If you terminate, either voluntarily or involuntarily, you may be
asked to attend an exit interview, where you may state your reasons for leaving (in the case of
a voluntary resignation) and offer any comments you may have about your Department or the
City. The exit interview will also provide an opportunity to ask any questions you may have.
An employee who has left employment with the City by means of resignation can apply for
reinstatement within one year. Upon consideration of the circumstances, the Department may
reemploy the applicant if there is a vacancy with the same position classification as occupied
upon resignation without an eligible list being required. The applicant shall receive the same
salary step as when he/she resigned but there will be no prior accrued benefit rights or privileges
from the previous employment' period.
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3.00 CONDUCT AND CONSEQUENCES
3.01 INTRODUCTION
Your on-the-job professional behavior, appearance, and attitude do much to ensure high morale,
effective employee and departmental working relationships, and ongoing positive interactions in
all departments of the City. We are always striving to create and maintain an atmosphere of
professional behavior that allows all individuals to be proud to be associated with the City and
with their co-workers.
3.02 OPEN DOOR POLICY
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If you feel you have a problem at work or a personal problem that affects your work, you should
discuss it first with your supervisor. If that discussion fails to resolve the problem or you think
it is inappropriate to discuss it with your supervisor, you should contact your Department Head
or Personnel. If you are not satisfied with these results, you may appeal to the City Manager
under the appropriate procedures. Through this process, we hope to solve any problem you may
have quickly and satisfactorily.
3.03 GRIEVANCE PROCEDURE
GrieVance procedures have been developed for each Unit. There are both formal and informal
levels for filing a grievance. Please refer to Addendum B for Procedure for Processing
Grievances.
3.04 HARASSMENT POLICY
It is the City's policy to provide a work environment in which employees are treated with
respect and dignity and which is free from discrimination and harassment. The City does not
condone and will not tolerate any harassment because of race, sex, sexual orientation, national
origin, color, age, religion, marital status, physical or mental handicap, or medical condition.
Disciplinary action up to and including dismissal will be taken promptly against any employee
engaging in harassment practices.
Harassment includes but is not limited to:
o
2.
3.
4.
Verbal harassment;
Written harassment;
Physical harassment;
Visual harassment;
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.
Sexual harassment: Sexual harassment may include all harassment listed above
but specifically is defined as unwelcome sexual advances, request for sexual
favors and other verbal or physical conduct of a sexual nature when:
a.
b.
c.
Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment or;
Submission to or rejection of such conduct by an individual is used as a
basis for employment decisions effecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile or
offensive working environment.
Please refer to Addendum C for the City's Policy Against Harassment in the Workplace and for
complaint processing and other procedures.
3.05 GENERAL STANDARDS OF CONDUCT
Being a City of Ukiah employee carries certain responsibilities for good conduct. The following
examples are types of conduct which are not acceptable and may be grounds for disciplinary
action, including dismissal.
3.05.1 Situations Relating to Safety
Violating Department and City safety rules, regulations, and instructions. Note:
your Department has a safety manual which you are responsible for reading and
reviewing.
.
Failure to report an accident to your immediate supervisor or a member of
management.
.
Failure to give full and truthful testimony regarding an accident that you have
knowledge of, or have been witness to, if asked to give testimony.
3.05.2 Standards Related to Fire Prevention, Sanitation and Housekeeping
.
Failure to observe all fire prevention and sanitary rules, regulations and
instructions.
5. Failure to observe No Smoking signs and areas on City property.
6. Failure to place refuse and waste in containers provided for the purpose.
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13
3.05.3 Standards Relating to Attendance and Work
.
Repetitive failure to be in your assigned places and ready for work at your
designated starting time, or to remain at your respective places of work during
working hours.
o
Failure to notify your immediate supergisor prior to the normal starting time, if
you are absent, giving reason for such absence, and keeping the supervisor
advised as to the probable date and time you will return to work.
9. Abuse of sick leave.
10. Use of City vehicles, tools, or equipment for a personal purpose.
3.05.4 Rules Relating to Behavior at Work
11.
Inability or unwillingness to perform work duties properly, or disregard of
working directions or instructions.
12.
Neglect of duty, including neglect, misuse and waste of City materials, property,
tools, or equipment, or willful damage to, or failure to properly safeguard and
protect City property.
13.
Reporting for duty under the influence of an alcoholic beverage, or carrying onto
City property, or consuming intOxicating beverages on City premises. Drinking
an alcoholic beverage during working hours is prohibited. (Refer to
Addendum D, City of Ukiah Alcohol and Drug Free Workplace Policy.)
14.
Disorderly conduct, horseplay or participation in fights or brawls on City
property or while on duty.
15.
Dishonesty or theft, including deliberate destruction, damage (including
defacing/writing/drawing), or removal bf City or other employee's property.
16.
Falsifying any City records or giving false information as to previous record or
experience, including altering time cards of yourself or another employee.
17. Inviting, conducting, or permitting unauthorized persons on City premises.
18.
Bringing onto City premises, or having possession of, being under the influence
of, or using, transferring, selling or attempting to sell on city premises or while
on City business, at any time, any form of narCotic, depressant, stimulant,
hallucinogen, or other dangerous or illegal drug, excepting only the taking of a
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14
prescribed drug under the direction of a physician, or medications lawfully
purchased without a prescription, when used according to manufacturer's
directions. (Refer to Addendum D, City of Ukiah Alcohol and Drug Free
Workplace Policy.)
19.
20.
Excessive or unexcused absenteeism and/or tardiness.
Failure to notify your immediate supervisor when leaving your work area due to
illness or any other reason except in the event of a traffic accident or an
emergency requiring immediate medical attention.
21.
Use of profanity or verbiage that is disruptive to the work environment or violates
the City's harassment policy.
22.
Bringing to work or possessing while at work any firearm, hunting knife, club or
any other weapon not specifically assigned to you for authorized duty.
23.
Conduct outside working hours that directly and adversely affects your ability to
perform your duties or the City's legitimate interests as an employer.
24.
Conduct which the employee knows or has reason to know will cause conflict,
poor morale, or dissension among the employees or undermines the ability of the
City to properly manage the workplace.
25.
Engaging in such other practices or behavior as may be inconsistent with the
ordinary, reasonable and common sense rules of conduct necessary to the mutual
welfare of the City and its employees.
A violation of any of these rules and regulations may lead to disciplinary action up to and
including termination.
It is the City's intention to take a constructive approach to disciplinary matters to ensure that
actions which would interfere with operations or an employee's job are not continued.
3.06 DISCIPLINE GUIDELINES
The rules governing employee discipline for the City of Ukiah apply to full time regular City
employees in the classified service who have successfully completed their introductory period.
All other City employees may be disciplined without reference to these provisions. Such
employees have no property interest in their employment, express or implied.
The normal disciplinary progression consists of the following steps:
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a,,
verbal reprimand
written reprimand
suspension with or without pay
demotion
termination
Discipline may be imposed whenever good cause exists, including but not limited to violations
of City policies, misconduct, or poor job performance. Not every case warranting discipline
will utilize each type of penalty in the sequence. The penalty and its severity will depend on
such factors as the nature of the employee's duties, the conduct warranting discipline, previous
conduct and disciplinary record, the employee's length of service with the City, and the
employee's willingness and ability to change his/her behavior.
Refer to Addendum E for a more detailed description of the Disciplinary Policy.
3.07 SOLICITATIONS AND DISTRIBUTION
Often, employees have outside interests that they would like to promote in the workplace. These
interests may range from charitable groups and activities, the sale of various products and/or
services, political interests and social causes. Although it is tempting to think of the workplace
as a kind of captive audience, it really isn't the appropriate environment for promoting an
individual's outside interests.
The City Manager may limit employee solicitations and announcements to scheduled breaks and
may curtail them entirely if it becomes disruptiVe to work or working relationships.
Any requests from employees, outside persons or organizations to sell merchandise, solicit
contributions, distribute literature, arrange displays or utilize City facilities are to be referred
to the City Manager. Also, before posting any notices on City bulletin boards, you must obtain
permission from the City Manager or his/her designee.
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4.00 BENEFITS
4.01 INTRODUCTION
After the introductory period, regular employees receive certain benefits, determined by their
position and category of employment. Refer to Unit Sections for details.
4.02 HOLIDAYS
The City observes paid holidays. Payment for holidays is available to all regular full time
employees regardless of length of employment. An employee must receive the approval of
his/her Department Head prior to taking off the day before or after a holiday.
Refer to Unit Sections"for details and holiday schedules.
4.03 VACATION
Vacations are designed to provide time away from work for rest and relaxation. Therefore, you
are urged to use vacation benefits each year that they accrue. The maximum accrual is twice
the annual rate. Once this maximum is reached, no additional time will be accrued until you
have used enough of your vacation to stay within the maximum. As you use your time, you will
accrue additional hours until the maximum is once again reached.
:
Refer to Unit Sections for details on rate of vacation accrual.
During vacation, salary and other benefits will continue without interruption. If a holiday occurs
during a vacation period, that day will not be charged to vacation time. If an employee
becomes sick during his/her vacation, he/she may charge accrued sick leave credits for the days
of illness. Vacation accrual will be suspended during unpaid leaves of absence.
Vacation requests must be submitted in written form and approved by your supervisor in
advance, with due regards to the needs of your Department. No vacation will be granted until
the time is actually accrued.
Introductory employees do not accrue annual vacation leave. Upon satisfactory completion of
the introductory period and promotion to regular status, an employee will be credited with the
equivalent of the amount of vacation leave accrued over a six month period.
Employees who terminate their employment with the City will be paid for any unused accrued
vacation. Salary will not be paid in lieu of time off from work due to any other type of paid
leave, except as otherwise allowed by Unit agreements.
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4.04 INSURANCE BENEFITS
All regular full time employees are eligible to be enrolled in the following insurance programs.
Major Medical (choice of an indemnity or HMO plan)
Dental
Life Insurance '.
Vision Care
Prescription Drug Plan
Effective date of coverage depends on the health plan you choose. During certain designated
months, you may change from one plan to another. At retirement, employees with ten or more
years of service with the City may continue health coverage by pre-paying the monthly premium
to the City payroll office.
Workers Compensation Insurance is provided to all employees, regardless of status, immediately
upon hire.
The plan specifics and carriers will change from time to time. If you have any questions
regarding insurance, please contact the Personnel Department.
4.05 LEAVES OF ABSENCE
The City understands that there are certain pressing circumstances for which you may need to
be away from work. Accordingly, leaves of absence are granted for regular full time
employees, in the following circumstances.
4.05.1 Sick Leave
Sick leave benefits are to be used for medical and dental appointments and absences due
to mental or physical illness, or personal injury only. These benefits are not to be used
for any other purpose. Every regular, full time employee will accrue one sick day for
each month of service. After completion of the introductory period, you will be credited
with sick leave and begin to accrue sick leave benefits.
Sick leave usage is computed in one-half hour increments. On half-hour increments shall
be computed by rounding to zero for less than 15 minutes and rounding to 1/2 hour for
15 minutes or more. During or after an absence due to illness, you may be required to
furnish a doctor's written statement indicating the nature of your illness and your
expected recovery time. If you have been ill for longer than five (5) consecutive days,
you may be asked to obtain a doctor's release before returning to work.
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18
When all sick leave benefits have been used, you may use your accrued vacation
benefits. If you have used both the sick and vacation accrual, you may submit a request
to the City Manager for up to a thirty day unpaid leave of absence in special
consideration for extended serious illness or injury. Sick leave benefits will not be
accumulated during unpaid leaves of absence.
There is no maximum on the accumulation of unused sick leave. Upon retirement from
City service, your unused sick leave will be converted to additional service credits at the
rate of .004 years of service credit for each day of unused sick leave. The City converts
from total accrued sick hours to days by dividing by the same rate at which the hours
were originally credited. For 40 hour employees, the City divides by eight; for fire
fighting shift employees, the City divides by 24; for police officers and sergeants, the
City divides by 8 lA.
If you are going to be absent, you must notify your supervisor as soon as possible of
your inability to work, normally no later than the start of your shift.
Sick leave is a privilege. Violations or abuse will result in disciplinary action.
4.05.2 Jury/Witness Duty
If you are called 'to serve on a jury for ten days or less, or are compelled to appear by
legal process as a witness for the City in court, you will receive your base pay. You are
required to furnish your Department Head with a copy of your official notice and to let
us know the expected duration of your absence. If you are released from jury duty
before the end of your working shift, you are expected to return to work for the
remainder of the day. Court Payment Checks for jury duty, excluding travel expenses,
must be turned in to the City cashiers in order to be eligible for this paid leave. You
need to inform the Judge of the City's ten-day paid leave policy so that you will not be
appointed to trials of longer duration.
4.05.3 Bereavement Leave
Employees who lose an immediate family member are allowed three days paid
bereavement leave. An additional two days may be granted for travel exceeding 350
miles one way. Immediate family is defined as father, mother, grandfather,
grandmother, or grandchild of the employee or the employee's spouse, and. the spouse,
son, stepson, foster-son, son-in-law, daughter, stepdaughter, foster-daughter, daughter-in-
law, brother or sister of the employee and the relative living in the immediate household
of the employee or employee's spouse.
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4.05.4 Disability/Pregnancy Leave
Accrued sick and vacation time may be taken to provide income during a
disability/pregnancy leave of absence. A leave of absence without pay for a disability
due to pregnancy may be requested for the duration of the disability, up to a maximum
of four months upon a doctor's written statement. You may keep your insurance in
effect during the disability (over 30 days) by pre-paying the full premium.
If you are seeking such a leave, you must provide a written statement from a physician
that briefly states the need for the leave and the expected duration of the absence. This
statement should be provided at least four weeks prior to the effective date of the leave.
Within 5 days of the end of the disability, you must notify Personnel that you are
available to return to work.
..
Employees returning from disability leave will be required to submit a doctor's release
to return to work. During a leave of absence, employees must notify the City of any
changes in the duration of leave or the estimated date of return.
Any employee who takes a pregnancy disability leave of four (4) months or less will be
returned to her present position or to a substantially similar position upon her return.
If no position is available due to staff reductions, the employee will be placed on layoff.
Employees on disability leave for longer than four (4) months who have exhausted sick
leave benefits, may be administratively terminated. "Administratively terminated" as
used in these policies means your employment as a City employee is terminated by action
of the City Manager without any right of further notice or appeal.
Please note that the City does not contribute nor is part of the State Disability Insurance
System.
4.05.5 Unpaid Leave of Absence
You may request an unpaid leave of absence for periods of thirty days. Any unpaid
leave may be granted with approval of the City Manager. In deciding whether to grant
the request the City Manager may consider the reason for the leave (ex: extend
pregnancy leave beyond disability; extended illness due to injury where accumulated sick
and vacation leave, CTO, and any other accrued paid leave have been used), the
department's work load, and the availability of qualified staff to handle the work load.
If you are seeking an unpaid leave, you must submit a written request to your supervisor,
stating the reason for and duration of the leave. Sick or vacation accrual, retirement,
uniform allowance, medical coverage or related benefits are not paid or credited while
an employee is on unpaid leave of absence. You will begin to receive these benefits
again when you return to work. You may keep your medical insurance in effect by pre-
paying the full monthly premium.
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20
An employee who takes a personal leave of 30 days or less will be returned to his/her
present position or to a substantially similar position. If no position is available due to
staff reduction, the employee will be placed on layoff. Employees who do not report to
work on the next working day, without prior authorization of the City, may be
administratively terminated upon expiration of the leave.
4.05.6 Military Leave
If you are a member of the Armed Forces National Guard or Military Reserve, you will
be allowed time off without pay for 180 days for temporary active military duty or
training in accordance with the California Military and Veterans Code. After one year
of service with the City, you are allowed thirty days paid leave for these purposes. If
called upon in a declared emergency, members of the National Guard will be given paid
leave for up to 30 calendar days, regardless of length of service with the City. If you
receive orders to report for military duty, provide a copy of your orders to your
supervisor.
4.05.7 Workers Compensation
Employees who suffer an injury or illness due to work are generally covered under
Workers Compensation Insurance. If you are injured or become ill due to work-related
causes, you must notify your supervisor immediately. You will be given a form to
complete and, if necessary, referred to the Ukiah Valley Medical Center (unless you have
a note previously placed in your Personnel file, stating the name, address and phone
number of your physician of choice). Covered doctor bills and hospital expense are paid
directly by the City's Workers Comp Carder.
After three consecutive days off, Workers Comp pays 66% of your pay. up to a
maximum determined by state law. If you are hospitalized, or if you are disabled for
longer than 14 days, the three day waiting period is waived. Accumulated sick leave
and, upon its exhaustion, vacation leave may be combined with workers comp pay up to
a maximum of your regular pay. If an employee chooses not to supplement his/her
workers compensation pay with available leave credits, he/she must notify Payroll with
a Personnel Action Form (PAF) within 15 calendar days from the time the injury was
reported.
4.06 RETIREMENT PLAN AND DEFERRED COMPENSATION
All full time and qualified part time employees are included in a retirement benefit program.
The plan is an integration of Federal Social Security and California Public Employees Retirement
System. Descriptive bulletins and related information are available from the City Personnel
Department.
Deferred Compensation Plans are available as supplemental savings programs tbr retirement.
Effective 21
A percentage of your salary, as determined by you, can be deferred tax flee until you retire or
terminate employment. The City has several deferred compensation plans available to you.
Contact Payroll for more information.
4.07 TRAINING
Training may be developed for employees by the Department Head or Personnel Department.
Training may include on-site programs, formal correspondence courses, adult education classes,
outside college courses, etc.
If you participate in and successfully complete special formalized courses, you will have the
accomplishment noted in your personnel file.
If you plan to take a class not required by the City, but which would enhance your abilities on
the job, you may be eligible for tuition and book reimbursement based on a determination by
the City Manager, Personnel Director, and your Department Head. You must request
reimbursement in advance of taking the class. Contact your supervisor for more information.
Refer to Unit Sections for information on Career Incentive Programs.
4.08 CREDIT UNION
All City employees who have completed their introductory period are eligible to join the City
of Ukiah Employees Credit Union. Benefits include automatic payroll deductions, perSOnalized
service, competitive rates, rapid loan processing, and insured accounts. For more information,
contact the Payroll office.
4.09 EMPLOYEE ASSOCIATION
You can join the Employee Association for only $5.00 semi annually. The Association provides
special discounts to members for activities such as the Christmas Party, Golf Tournaments, Reno
bus trips, and special drawings. Contact the Payroll office for a sign-up form.
Effective 22
5.00 OTHER CITY POLICIES
5.01 TRAVEL REIMBURSEMENT
The City will reimburse reasonable expenses incurred by you in performance of your job, in
accordance with Policy Resolution No. 25. Contact your supervisor if you incur, or anticipate
incurring, any work related expenses. Travel expense forms must be returned to the Finance
Department within a month of the trip or the advanced amount will be taken out of your
paycheck until the form is returned and reconciled.
Employees who must travel on City business should, whenever possible, use City vehicles. If
you must use your own car, authorized travel will be reimbursed at a rate of $.25 per mile.
Additionally, tolls, parking, and similar items will be reimbursed. You are required to wear
your seat belt and have a valid California driver's license. If your license is restricted or
suspended, notify your. supervisor immediately.
The City will not reimburse you for any traffic citations, including parking tickets, that you
receive; nor may any private automobile receive gasoline, oil or service from City facilities.
If you are involved in an accident involving a city vehicle, you must report the accident
immediately to the Police Department (Police Officers should contact an outside agency), and
have a copy of the written report and your Departmental Incident Report submitted to your
supervisor and the Personnel Department.
5.02 CASH ADVANCES
The City as a general rule does not allow employees payroll advances. However, the City
recognizes that an extenuating personal emergency could necessitate an employee to request a
payroll advance as the only means available to address an emergency. The emergency must be
a serious life or death matter involving the health or welfare of the employee, or a member of
the employee's immediate family.
Such a request must be documented, independently confirmed, and approved by the Department
Head, Director of Finance, and City Manager. The amount of the payroll advance cannot
exceed the net amount the employee receives in any one payroll check. Prior to the employee
receiving the advance, the employee will agree in writing that his or her payroll advance will
be automatically deducted from his or her next payroll check.
5.03 SAFETY PROGRAM
Safety is the responsibility of every employee. You can help by repOrting any safety hazard you
notice to your supervisor. You should always notify your supervisor immediately of any injury,
Effective 23
whether or not medical treatment is required. Every employee is responsible for reading and
adhering to the City's Safety Manual and Department safety rules, and for assisting the Safety
and Health Committee in implementation of their duties.
It's part of your job to keep safety in mind and to practice safety procedures that apply to your
job. Further information regarding the City's safety program can be obtained from your
supervisor.
5.04 SERVICE CLUB POLICY
The City recognizes the importance of City Officers and Supervisors participating in the
community through service clubs and other community organizations. Reimbursement for
appropriate expenses is available in accordance with the criteria as outlined in Policy Resolution
No. 17.
5.05 RESIDENCY
Certain designated employees are required to comply with residency regulations. Refer to Unit
Sections for details.
5.06 SMOKING POLICY
Because of the potential health risks to both smokers and non-smokers and potential damage to
equipment, it is the City's policy that there will be no smoking anywhere in our buildings
(including stairwells), and smoking will be limited to areas outside the buildings.
5.07 PERSONAL PHONE CALLS
Personal telephone calls should be kept to a minimum, and no more than two minutes in length.
If you must make a personal toll or long distance call for which the City would otherwise be
billed, you should use a telephone credit card, call collect or write down the number, date, and
time you made the call and give to Finance for billing you later.
5.08 BUILDING KEYS
As needed, employees will be issued a building key and other types of keys as needed by the
City. Employees are required to return their keys to their Supervisor upon termination of
employment. Duplication of any City key is strictly prohibited.
E f fect ire 24
5.09 HEALTH CLUB
The Redwood Health Club offers special discounts on initiation and monthly rates to employees
of the City of Ukiah (known as the Municipal Group). The Health Club provides two pools,
life cycles and Nautilus equipment, racquetball, saunas, and jacuzzis. Contact the Payroll office
for an application. Dues (other than initial payment) will collated by electronic transfer on a
monthly basis. :
Effective 25
6.00 RECEIPT AND-ACKNOWLEDGEMENT
I acknowledge that I have received a copy of the City of Ukiah Employment Manual. I agree
to familiarize myself with the information in the Manual and to observe the procedures set forth
in it.
I understand that the contents of the Manual are presented as a matter of information only and
are not to be construed as a contract between the City and myself. I also understand that none
of the policies or practices described in this Manual can be amended or altered in any way by
oral statements, but can only be altered by a written amendment authorized by the City
Manager.
I further understand that my employment is not for a specified term and that it. may be
terminated by myself or the City at any time, in accordance with these Personnel policies. I
understand that no agreement contrary to the foregoing has been made with me and that no
person other than the City Manager has authority to enter into any agreement for employment
for a specified period of time or to make any agreement contrary to the foregoing.
I have received and carefully read the foregoing Receipt and Acknowledgement and I know and
understand its contents, and I sign the same of my own free will.
Employee's Signature
Date
EffectiVe 26
6.00 RECEIPT AND ACKNOWLEDGEMENT
BY DEPARTMENT HEADS
I acknowledge that I have received a copy of the City of Ukiah Employment Manual. I agree
to familiarize myself with the information in the Manual and to observe the procedures set forth
in it.
I understand that the contents of the Manual are presented as a matter of information only and
are not to be construed as a contract between the City and myself. I also understand that none
of the policies or practices described in this Manual can be amended or altered in any way by
oral statements, but can only be altered by a written amendment authorized by the City
Manager.
I further understand that my employment is not for a specified term and that it may be
terminated by myself or the City at any time, in accordance with these Personnel policies. I
understand that no agreement contrary to the foregoing has been made with me and that no
person other than the City Manager has authority to enter into any agreement for employment
for a specified period of time or to make any agreement contrary to the foregoing. I understand
that the only employment contract which exists between the City and myself is one of "at will"
or voluntary employment.
I have received and carefully read the foregoing Receipt and Acknowledgement and I know and
understand its contents, and I sign the same of my own free will.
Employee's Signature
Date
Effective 27
7.00 UNIT SECTIONS
Following are sections which apply to specific units. Each section contains a brief synopsis of the
benefits and provisions which differ from the provisions of other bargaining units recognized by the
City of Ukiah. For more complete information, refer in each case to the original MOU. The most
recent reference to each item is indicated in parenthesis following that item.
..
Unit Section
7.01
7.02
7.03
7.04
7.05
Bargaining Unit
Electric
Fire Fighters/Fire Engineers and Fire Supervisory
Management and Directors
Police Officers and Supervisory
Miscellaneous
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28
ELECTRIC UNIT CLASSIFICATION LIST
Apprentice Lineman
Electric Engineering Technician
Electrical Field Technician
Electrical Sub-Supervisor
Lineman
Groundman
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7.01
Term
ELECTRIC UNIT
The term of the current agreement is through June 30, 1994 (92-94)
P.E.R.S.
a.
The City pays 7.0% of the employee's contribution to the Public Employees' Retirement
System (90-92).
bo
Effective July 1, 1992, the PERS retirement contract is amended to a 2% at 55 program.
Refer to the 1992-94 MOU for more details.
Income Supplement
$50.00 will be allocated by the employee on designation forms towards the monthly health and
welfare premium or as a cash income supplement. Designations may be made in the first pay period
of July of each year (92-94).
Health Payment
The City pays a maximum of $280.60 per employee toward health and welfare insurance (90-92).
Retiree Insurance
An employee retiring with ten or more years of City of Ukiah service may purchase at his/her own
expense, City group insurance if offered by the carrier and subject to the carrier's requirements.
(Misc 84-86)
Holidays
Employees are provided with the following paid holidays (90-92):
DATE
December 31
January 1
3rd Monday, January
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
September 9
HOLIDAY
¼ day afternoon, New Year's Eve
New Year's Day
Martin Luther King Birthday
Washington's Day
Memorial Day
Independence Day
Labor Day
Admission Day
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30
2nd Monday, October
November 11
4th Thursday, November
4th Friday, November
December 24
December 25
Any
Columbus Day
Veterans' Day
Thanksgiving Day
Day following Thanksgiving
IA day afternoon, Christmas Eve
Christmas Day
8 hfs floating Holiday credit (added to
vac. credit)
Vacation Schedule
Vacation is earned and accrued hourly each pay period according to the following schedule (73-54):
Years Hourly Factor
Maximum Accrual
0-3 yrs 4.0 hours/pay period 224 hours
4-8 yrs 4.7 hours/pay period 260.4 hours
9-15 yrs 6.2 hours/pay period 338.4 hours
16 plus 6.8 hours/pay period 369.6 hours
Personal Leave
The City grants two days of personal leave annually. These days are for purposes such as
emergencies, family illness, or other personal situations. These days are credited in full on July 1
of each year. They are non-accumulative and, if not used within the year, will be deleted from the
employee's paid leave time on the following June 30. This leave may not be used as an extension
of vacation leave.
Approval of each request for use of Personal Leave depends on the departmental workload and
scheduling restraints. Personal Leave may be used during an employee's introductory period.
Bereavement Leave
An employee is entitled to three days bereavement leave for the death of any member of his/her
immediate family. An additional two days may be granted for travel exceeding 350 miles one way.
(Misc 84-86)
Working Out of Class
The City pays 5 % or Step A, whichever is greater, for properly and formally assigned working out
of classification for one or more shifts. (90-92)
Effective 31
Call-Back
Call-backs are paid at a two hour minimum at time and one half pay. The second call-back is paid
at actual time worked with a one hour minimum at time and one-half pay, as long as the second call-
back is not within the first call-back timeframe. (82-84)
Standby
Standby pay is at the rate of two hours pay at straight time on weekdays and four hours pay at
straight time on weekends and holidays. (Synopsis 1/89)
Residency
Employees shall establish residency within a 25 minute notification to respond zone from the
corporation yard. (90-92)
Longevity
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the rate of 1% of
salary after seven years and 3 % of salary after fourteen years. (90-92)
Overtime
Non-exempt employees receive one and one-half times their regular hourly rate of pay- for time
actually worked in excess of 40 hours in their designated work week. The hourly rate of pay shall
be determined by dividing the regular weekly salary by 40. Overtime is charged in one-half hour
increments, with any time worked from 1 to 30 minutes credited as one-half hour of overtime. (90-
92)
Salary Supplement
Employees shall receive a salary supplement of $388.24 payable with the first pay warrant in
December.
Salary Steps
Effective July 1, 1990, the Line Attendant, Electrical Field Technician and Electrical Sub-Supervisor
position classifications shall spend only six months at Steps A, C, and D before being eligible for
step advancement. Step B has been eliminated. Advancement is dependent upon successful and
satisfactory performance evaluations and upon recommendation by the Department Director.
Effective 32
Store Stops
Employees may make store stops, at the nearest convenient store, during their breaks for the
purchase of refreshments, snacks, and medicine during their normal and overtime work hours upon
express consent of their immediate supervisor. Loitering or consumption of the purchased items on
the premises is not permitted, and employees are responsible, along with their supervisors, for
policing this policy. Continued abuse will be reported to the supervisor; an employee with more than
two violations may lose the store stop privilege for six months, along with additional disciplinary
action for continued violations. Failure to properly control this privilege may result in the
withdrawal of this policy to all employees in this Unit. (Addendum 4/91)
REMIF Life Insurance
The City pays the employee's portion of REMIF life insurance at the rate of $3.60 per month per
employee. (90-92)
Effective 33
FIREFIGHTER/FIRE ENGINEER AND FIRE SUPERVISORY
UNIT CLASSIFICATION LIST
Fire Captain
Fire Engineer
Firefighter
Effective
34
7.02 FIRE FIGHTERS/FIRE ENGINEERS AND SUPERVISORY UNITS
Term
The term of the current agreement is through June 30, 1994. (92-94)
Employee P.E.R.S. Payment
ao
The City pays 8% of the employee's contribution to the Public Employees' Retirement
System (92-94).
b. Effective July 1992, the City will pay 10% of the employees contribution to PERS.
Health Payment
The City pays a maximum of $241 per employee toward health and welfare insurance.
Retiree Insurance
An employee retiring with ten or more years of City of Ukiah service may purchase at his/her own
expense, City group insurance if offered by the carrier and subject to the carrier's requirements.
(Misc 84-86)
Holidays
Employees are provided with the following paid holidays (Memo 12/1/80, updated 7/1/90):
DATE
December 31
January 1
3rd Monday, January
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
September 9
2nd Monday, October
November 11
4th Thursday, November
4th Friday, November
December 24
December 25
HOLIDAY
¼ day afternoon, New Year's Eve
New Year's Day
Martin Luther King Birthday
Washington's Day
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day following Thanksgiving
'A day afternoon, Christmas Eve
Christmas Day
Effective
35
Any
11.2 hours floating Holiday credit
(added to vacation credit)(82-84 MOU)
NOTE: Due to the nature of the fire shift schedule, actual holiday hours are factored into the
vacation credit received by the employee.
Vacation Schedule
Vacation is earned and accrued hourly each pay period according to the following schedule (Note:
this accrual includes credit for holiday hours indicated above)
Years Hourly Factor
Maximum Accrual
0-3 yrs 11.2 hours/pay period 604.8 hours
4-8 yrs 12.1 hours/pay period 651.6 hours
9-15 yrs 14.2 hours/pay period 760.8 hours
16 plus 15.1 hours/pay period 807.6 hours
Hours
Fire employee hours are assigned in 24 hour shifts and 56 hour work weeks. (76-78)
Bereavement Leave
An employee is entitled to three next regularly scheduled shifts (Ref to Memo dated 5/17/90)
bereavement leave for the death of any member of his/her immediate family. An additional two
shifts may be granted for travel exceeding 350 miles one way. (Misc 84-86)
Working Out of Class
a. Firefighters will receive $15 per shift for performing the duties of acting Fire Engineer.
Fire Engineers will receive $25 per shift for performing the duties of Acting Fire Captain.
Fire Captains will receive $25 per shift in a Stand By Duty Chief capacity as assigned by the
Deputy Fire Chief.
bo
Co
Call-Back
Call-backs are paid at a two hour minimum at time and one-half pay. The second call-back is paid
at actual time worked with a one hour minimum at time and one-half pay, as long as the second call-
Effective 36
back is not within the first call-back timeframe.
(Misc 82-84)
Residency
Employees shall establish residency within a 25 minute response time zone from the Civic Center.
(92-94)
Longevity
Employees are eligible for longevity at the rate of 1% salary after seven years and 3 % salary after
fourteen years service with the City of Ukiah. Any employee hired after November 1, 1991, shall
not be eligible for longevity. (Fire 91-92)
Uniform Allowance
Fire employees receive a $600 uniform allowance annually. (Fire 91-92). By January 1 of each
year, each employee will supply receipts for the cost of uniform replacement to the Personnel
Department.
Overtime
Shift employees shall receive overtime as follows:
.
For work between 204 and 218.25 hours in a designated 27 day work period, in accordance
with FLSA regulations, non-exempt employees shall receive in addition to the regular rate
of pay, one half times the regular hourly rate of pay, for each such hour actually worked.
.
For work in excess of 24 hours in a designated work shift, the employee shall receive one
and one half times the regular rate of pay, for each such hour actually worked.
b.
For work between 24 hours and 30 hours in a workshift, the hourly rate for any
hours worked over 56 hours shall be determined by dividing the employee's regular
weekly salary by 40.
For work in excess of 30 hours in a designated workshift, the hourly rate for any
hours worked shall be determined by dividing the employee's regular weekly salary
by 56. (Misc 82-84)
3. Overtime will be charged in increments of one-half hour. (Fire 91-92)
Effective 37
Salary Supplement
Employees shall receive $388.24 payable with the first pay warrant in December. (Misc 84-86).
Any employee hired after November 1, 1991, shall not be eligible for the Salary Supplement
payment (Fire 91-92)
Educational Incentive
The City pays 2.5 % for an IFC or 7.5 % for an AFC or EMT II. The EMT I certificate is required
and no longer qualifies for premium pay, with the exception of employees hired prior to July 1, 1988
holding an EMT I certificate. These employees will continue to receive educational incentive pay
as long as they obtain 3 semester units every 2 years of approved course work, at no expense to the
City. (Misc 88-90)
Specialty Pay
ao
bo
Volunteer coordinator: The authorized Volunteer Coordinator shall receive $100 per month.
(Fire 91-92)
EMT-II: Unit members with EMT-II Certificates shall receive $200 per month. (92-94)
Advanced Certificate: (92-94)
1. Any unit member who holds an advanced Certificate and an EMT-II Certificate will
receive $100 for the advanced certificate.
2. Any unit member who holds only an Advanced Certificate and does not have an
EMT-II Certificate shall receive 7 1/2% of salary for the advanced certificate.
Health and Fitness Program
The City agrees to put $1,000 towards physical fitness equipment in the Fire Department training
room.
Effective 38
MANAGEMENT UNIT CLASSIFICATION LIST
Accounting Supervisor
Airport Manager
Associate Planner
Electrical Distribution Engineer
Building Official
Community Services Supervisor
Cultural Arts Director
Electrical Supervisor
Equipment Maintenance Supervisor
Executive Assistant
Fire Marshal
Fire Operations Commander
Park Maintenance Supervisor
Golf and Parks Superintendent
Payroll Officer
Police Captain
Principal Planner
Public Works Supervisor.
Purchasing/Warehouse Supervisor
Supervising Secretary
Treatment Plant Supervisor
DEPARTMENT HEAD CLASSIFICATION LIST
Assistant City Manager/Director of Community Services
City Engineer
Director of Community Development
Director of Electric Utility
Director of Finance
Director of Public Safety
Director of Public Works
Effective 39
7.03 MANAGEMENT UNIT
Term
The term of the current agreement is through June 30, 1994 (92-94).
Employee P.E.R.S. Payment
a,
The City pays 7% of the miscellaneous employees' and 10% of the public safety employees'
contribution to the Public Employees' Retirement System. (89-91; 92-94)
bo
Effective July 1, 1992, the PERS retirement contract is amended to a 2 % at 55 prOgram for
the miscellaneous unit members. Refer to the 1992-94 MOU for more details.
Retiree Insurance
An employee retiring with ten or more years of City of Ukiah service may purchase at his/her own
expense, City group insurance if offered by the carrier and subject to the carrier's requirements. (84-
85)
Holidays
Employees are provided with the following paid holidays (Memo 7/1/90):
DATE
December 31
January 1
3rd Monday, January
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
September 9
2nd Monday, October
November 11
4th Thursday, November
4th Friday, November
December 24
December 25
Any
HOLIDAY
~A day afternoon, New Year's Eve
New Year's Day
Martin Luther King Birthday
Washington's Day
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day following Thanksgiving
'A day afternoon, Christmas Eve
Christmas Day
8 hours floating Holiday credit
Effective
40
Vacation Schedule
Vacation is earned and accrued hourly each pay period according to the following schedule (Payroll
computer printout):
Years Hourly Factor.
Maximum Accrual
0-3 yrs 5.6 hours/pay period 307.2 hours
4-8 yrs 6.2 hours/pay period 338.4 hours
9-15 yrs 7.7 hours/pay period 416.4 hours
16 plus 8.4 hours/pay period 452.8 hours
Administrative Leave
The City grants 13 days of administrative leave annually to Department Heads and Police Captains;
all other management personnel receive 10 days on July 1, on a non-accruing basis. This may be
utilized in time off or cash payment at straight time, or a combination thereof. (Memo 5/18/90; 92-
94)
Bereavement Leave
An employee is entitled to three days bereavement leave for the death of any member of his/her
immediate family. An additional two days may be granted for travel exceeding 350 miles one way
(84-85, 91)
Working Out of Class
No additional payment is made to a management employee assigned to work out of classification
unless the assignment amounts to five or more consecutive work days. For assignments of five or
more consecutive days, the City pays 5 % or Step A, whichever is greater, retroactive to the first day
of the assignment. (84-85)
Flex Plan
This City is willing to provide the employees a Flex-Plan System whereby they may determine how
certain benefit dollars will be spent on their behalf. These dollars may be designated by the
employee towards the following .three options:
a.
Payment towards monthly health premium.
Payment into Deferred Compensation Program.
eliminated).
(The savings bond option is
Effective
41
c. Cash -- which is taxable and is not counted for purposes of reporting to PERS.
Those employees who choose not to have any dollars designated towards the health plan must show
proof of health coverage on another Plan. An employee who is covered under a non-City health plan
cannot enter a City plan until the regular open enrollment period of the health plan.
Choice of designations may be made twice a year in January and July by the second Friday of the
month on a Management Flex Plan Designation Form. The designations are not retroactive options.
They will be effective as of the next pay period. Each employee will be given a Management Flex
Plan Individual Account form showing their total dollars available for the Flex Plan at the start of
the Program and whenever there is a change in salary.
Retiree's Medical
Employees may contribute every pay period towards a Retiree's Health Plan Trust Fund. The
amount to be contributed is determined by the employee. All contributions will be lumped into a
trust fund for highest interest rate earning possibility. An annual report on contribution and interest
accumulation will be made available to all employees in this program. Employees may withdraw
their funds at any time, but once the funds have been withdrawn, the employee cannot reenter the
Program. Upon retirement the employee may take out all funds from their individual employee
retirement trust account or designate how much per month they would like to retrieve from the fund
per month until the individual's account is depleted. The City is willing to handle the administration,
investment procedures, annual statements, and payment processing at no charge to the employee.
Details on the trust fund and method of investment will be completed and contributions may be made
before July 1, 1992.
Excess Hours Worked
Management employees normally work a 40-hour work week. Under existing City policy they
receive no overtime pay or compensating time off for hours worked over the 40-hour work week.
Management employees shall accrue compensating time off when they work over 50 hours per week
which can be used hour for hour to take compensating time off. All unused accumulated hours not
used by December 31 of each year, or upon termination of employment, shall be forfeited. The City
Manager and Department Head must approve all hours accumulated and .any corresponding time
taken. Nothing in this paragraph shall be construed as entitling any Unit member to additional salary
or other cash payments for hours accrued or forfeited under this paragraph.
Service Credit
New employees will receive credit of up to 50% for prior comparable government entity service
toward vacation accrual. The applicable service experience will be determined by the City Manager.
(Synopsis 1/89)
Effective 42
Introductory Period
There is a six month introductory period for new and promotional employees.
serve as "at will" employees. (Personnel Policies, FLSA)
Department Heads
Longevity
Only employees hired prior to July 1, 1987, shall be eligible and grandfathered at the rate of 1%
salary after 7 years and 3 % salary after 14 years. (87-89)
Uniform Allowance
The Public Safety Director, Police Captains, Fire Marshal, and Fire Operations Chief receive a $600
uniform allowance annually. (Memo 7/2/90)
Service Clubs
Upon approval by the City Manager, service club expenses (ex: Kiwanis, Soroptimists) will be
reimbursed. Each employee may receive reimbursement for only one service club, and only two
members of each category (City Council, exempt employees, Department Heads, and
Management/Supervisory personnel) may belong to any one club.
Reimbursement is limited to annual dues, fines, meals, and special assessments to specified
maximums. (Policy Resolution//17)
Educational Incentive
Water and sewer classification employees are eligible for an educational incentive of 2'h % for Grade
III or 7% % for Grade IV certificates. (78)
EffectiVe 43
POLICE OFFICER AND POLICE SUPERVISORY UNIT CLASSIFICATION LIST
Police Officer
Police Sergeant
Public Safety Dispatcher
Records Clerk
Effective
44
7.05 POLICE OFFICERS AND SUPERVISORY UNITS
Term
The term of the current agreement is through June 30, 1994. (92-94)
Salary
Effective the closest pay period to July 1, 1993, the Police Officers and Sergeants will
receive a 4% salary increase. Dispatchers will receive the 2 % at 55 PERS benefit. (92-94)
b.
Step A1 of the Police Officer salary range is for entry level officers. Step A2 is for new
hires with a P.O.S.T. graduation certificate. (92-94)
c. Effective July 1993, the salary range of Police Sergeants will increase by 5 %. (92-94)
Employee P.E.R.S Payment
The City pays 10% of the Police Officer and Sergeant employees' contribution and 7% of the
Dispatcher employees contribution to the Public Employees' Retirement System. (90-92)
Health Payment
The City pays a maximum of $280.60 per emploYee toward health and welfare insurance.' (92-94)
Retiree Insurance
An employee retiring with ten or more years of City of Ukiah service may purchase at his/her own
expense, City group insurance if offered by the carrier and subject to the carrier's requirements.
(Misc 84-85)
Holidays
Employees are provided with the following paid holidays (Memo 7/1/90):
DATE
December 31
January 1
3rd Monday, January
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
HOLIDAY
IA day afternoon, New Year's Eve
New Year's Day
Martin Luther King Birthday
Washington's Day
Memorial Day .
Independence Day
Labor Day
Effective
45
September 9
2nd Monday, October
November 11
4th Thursday, November
4th Friday, November
December 24
December 25
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day following Thanksgiving
'h day afternoon, Christmas Eve
Christmas Day
Vacation Schedule
Police Officer/Sergeant vacation is earned and accrued hourly each pay period according to the
following schedule (Memo 8/10/84): .
Years Hourly Factor
Maximum Accrual
0-3 yrs 4.2 hours/pay period 234.9 hours
4-8 yrs 4.8 hours/pay period 266.1 hours
9-15 yrs 6.3 hours/pay period 344.1 hours
16 plus 7.0 hours/pay period 380.5 hours
Public Safety Dispatcher vacation is earned and accrued hourly each pay period according to the
Miscellaneous Unit vacation schedule.
Work Week
Police Officers and Sergeants are assigned a 41 lA hour work week. Public Safety Dispatchers are
assigned a 40 hour work week. (85-87)
Bereavement'Leave
Employees are entitled to three days bereavement leave for the death of any member of his/her
immediate family. An additional two days may be granted for travel exceeding 350 miles one way.
(84-85)
Working Out of Class
Any Police Officer properly and formally assigned to perform the duties of Police Sergeant twenty
(20) or more consecutive working days shall be paid retroactively at the rate of 5 % or Step A of the
classification, whichever is higher, after the 20th day.
Court Overtime/Call-Back
A Detective working court overtime or responding to the first call back of a shift receives payment
of a three hour minimum at time and one-half pay. (90-92)
Effective 46
Introductory Period
There is a twelve month introductory period for non-promotional Police Officers and Sergeants, and
a six month introductory period for Public Safety Dispatcher. (85-87)
Residency
Police Officers and Sergeants shall establish residency within a 45 minute response time zone from
the Civic Center. (92-94)
Longevity
Only employees hired prior to July 1, 1990 are eligible and grandfathered at the rate of 1% salary
after seven years and 3 % salary after, fourteen years service with the City of Ukiah. (90-92)
Uniform Allowance
Police Officers and Sergeants receive a $600 uniform allowance annually, paid on the first pay day
in July. (87-90)
Overtime
Shift employees in the police department shall receive overtime, if they work more than 41 'A hours
in a designated seven day work week. They shall receive in addition to their regular pay, one and
one half times their regular hourly rate of pay, for each such hour actually worked. The regular
hourly rate of pay shall be determined by dividing the regular weekly salaries by 41 ~A. Overtime
is charged in one-half hour increments, with any time from 1 to 30 minutes credited as one-half hour
of overtime.
C.T.O.
Unit members may accrue a maximum of 50 CTO hours. Twice a year, a maximum of 40 CTO
hours may be cashed in through payroll. (92-94)
Salary Supplement
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the existing
schedule of $325 annually, payable with the first pay warrant in December. (90-92)
Educational Incentive
The City pays 5% for an IPC or 10% for an Advanced P.O.S.T. Certificate, both of which are
already rolled into the base rate monthly salary. (90-92)
Effective 47
Meal Break
Police Officers and Sergeants have a 45 minute meal break, subject to call. (84-85)
Equipment Provision
The following safety equipment will be provided in addition to the uniform allowance if requested
by the employee: ammunition pouch, baton and ring, rain gear including cap and boots, helmet,
mace and holder, sam browne belt with four keepers, handcuff and case, and key ring. Police
Officers and Sergeants shall be responsible for replacement of the following items: uniform patches,
police jumpsuit, baseball cap, mace holder, flashlight and batteries, rain gear and boots, name tags,
dress hats and chin straps, uniforms and accoutrements, and whistle. (87-90)
Specialty Pay
ao
A proficient Spanish/English bilingual PoliCe Officer or Sergeant or Clerk Dispatcher
receives a flat rate, per month, pay differential of $75.00 per month. (92-94)
bo
A Police Officer or Sergeant assigned as a FTO receives a flat rate per month pay differential
of $85.00 per month. (92-94)
c. A Police Officer or Sergeant assigned as a Detective receives a 5 % pay differential. (90-92)
Physical Fitness Program
A physical fitness program is available for the benefit of the unit members. See the 1992-94 MOU
for details.
Effective 48
MISCELLANEOUS UNIT CLASSIFICATION LIST
Accounts Payable Specialist
Administrative Analyst
Administrative Secretary
Airport Attendant
Civil Engineering Assistant
Customer Service Representative I and II
Engineering Technician I and II
Equipment Mechanic
Heavy Equipment Operator
Maintenance Custodian
Maintenance Worker
Meter Reader
Museum Assistant
Museum Curator
Park Maintenance Attendant
Parking Enforcement Officer
Planning Analyst
Pumping Plant Operator, Mechanic
Purchasing Assistant
Senior Account Clerk
Senior Treatment Plant Operator
Sports Coordinator
Street Attendant
Street Maintenance Supervisor
Street Sweeper Operator
Treatment Plant Operator
Typist Clerk
Utility Service Attendant
Water and Sewer Attendant I and II
Water and Sewer Lead Worker
Water and Sewer Maintenance Supervisor
Water and Sewer Service Attendant
Effective
49
7.05 MISCELLANEOUS UNIT
Term
The term of the current agreement is through June 30, 1994. (92-94)
Employee P.E.R.S. Payment
ao
The City pays 7.0% of the employee's contribution to the Public Employees' Retirement
System (90-92).
b.
Effective July 1, 1992, the PERS retirement contract is amended to a 2% at 55 program.
Refer to the 1992-94 MOU for details.
Health Payment
The City pays a maximum of $280.60 per employee toward health and welfare insurance (90-92).
Income Supplement
$50.00 will be allocated by the employee on designation forms towards the monthly health and
welfare premium or as a cash income supplement. Designations may be made in the first pay period
of July of each year. (92-94)
Retiree Insurance
An employee retiring with ten or more years of City of Ukiah service may purchase at his/her own
expense, City group insurance if offered by the carrier and subject to the carrier's requirements. (84-
86)
Holidays
Employees are provided with the following paid holidays (90-92)'
DATE
December 31
January 1
3rd Monday, January
HOLIDAY
¼ day afternoon, New Year's Eve
New Year's Day
Martin Luther King Birthday
Effective
50
3rd Monday, February
Last Monday, May
July 4
1st Monday, September
September 9
2nd Monday, October
November 11
4th Thursday, November
4th Friday, November
December 24
December 25
Any
Washington's Day
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day following Thanksgiving
~A day afternoon, Christmas Eve
Christmas Day
8 hours floating Holiday credit
Vacation Schedule
..
Vacation is earned and accrued hourly each pay period according to the following schedule
(Resolution 73-54):
Years Hourly Factor
Maximum Accrual
0-3 yrs 4.0 hours/pay period 224 hours
4-8 yrs 4.7 hours/pay period 260.4 hours
9-15 yrs 6.2 hours/pay period 338.4 hours
16 plus 6.8 hours/pay period 369.6 hours
Personal Leave
The City grants three days of personal leave annually. These days are for purposes such as
emergencies, family illness, or other personal situations for which the employee needs time off.
These days are credited in full on July 1 of each year. They are non-accumulative and, if not used
within the year, will be deleted from the employee's paid leave time on the following June 30. This
leave may not be used as an extension of vacation leave.
Approval of each request for use of Personal Leave depends on the departmental workload and
scheduling restraints. Personal Leave may be used during an employee's introductory period.
Bereavement Leave
An employee is entitled to three days bereavement leave for the death of any member of his/her
immediate family. An additional two days may be granted for travel exceeding 350 miles one way.
(84-86)
Effective 51
Working Out of Class
The City pays 5 % or Step A, whichever is greater, for properly and formally assigned working out
of classification for one or more shifts. (90-92)
Call-Back
An employee working over two hours on the first call back is immediately eligible for an additional
two hours pay at time and one-half for the first call back. The second call-back after the first call
back is at a one hour minimum. (90-92)
C.T.O.
CTO may be accrued up to a maximum of 32 hours at time and one-half. Employees may choose
to take off time during the work week at straight time for time worked over 40 hours upon
department approval. (90-92)
Residency
Water and sewer employees shall establish residency within a 20 minute notification to respond zone.
(84-86)
Longevity
Only employees hired prior to July 1, 1990 shall be eligible and grandfathered at the rate of 1%
salary after seven years and 3 % salary after fourteen years. (90-92)
Uniform Allowance
Parking Enforcement Officers receive a uniform alloWance of $300 annually. (84-86)
Overtime
All non-exempt employees shall' receive one and one half times the regular hourly rate of pay, for
each hour actually worked in excess of 40 hours in a designated seven day work week. The hourly
rate of pay shall be determined by dividing the regular weekly salary by 40.
Overtime is charged in one-half hour increments, with any time worked from one to thirty minutes
Effective 52
credited as one-half hour of overtime. (90-92)
Salary Supplement
The Miscellaneous Salary Supplement will be eliminated effective July 1, 1991. (90-92)
.,
Certificate Pay/Educational Incentive
The City pays an additional $1.00 per hour for each hour of applying pesticides which require a
County ID#, or Restricted Permit for purchase, by an employee holding a qualified Applicator
Certificate or License. Water and sewer classification employees are eligible for an educational
incentive of 2'/2 % for Grade II or 7'A % for Grade III Certificates. (90-92)(78)
Store Stops
Employees may make store stops, at the nearest convenient store, during their breaks for the
purchase of refreshments, snacks, and medicine during their normal and overtime work hours upon
express consent of their immediate supervisor. Loitering or consumption of the purchased items on
the premises is not permitted, and employees are responsible, along with their supervisors, for
policing this policy. Continued abuse will be reported to the supervisor; an employee with more than
two violations may lose the store stop privilege for six months, along with additional disciplinary
action for continued violations. Failure to properly control this privilege may result in the
withdrawal of this policy to all employees in this Unit. (Addendum 4/91)
REMIF Life Insurance
The City pays the employee's portion of REMIF life insurance at the rate of $3.60 per month per
employee. (90-92)
Effective 53
ADDENDUM A
ADDENDUM B
ADDENDUM C
ADDENDUM D
ADDENDUM E
ADDENDUM LIST
CIVIL SERVICE ORDINANCE
PROCEDURES FOR PROCESSING
GRIEVANCES
POLICY AGAINST HARASSMENT
IN THE WORKPLACE
ALCOHOL AND DRUG FREE
WORKPLACE POLICY
DISCIPLINARY POLICY
2: C: \WP51/PER/MAN UAL
Effective
54
ORD?NANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH AMENDING CHAPTER 5 OF DIVISION i OF THE
UKIAH CITY CODE, PERTAINING..TO THE CIVIL SERV-
ICE OF THE CITY OF UKIAH.
Pursuant to Section 1317 of the Ukiah City Code the City
Council of the City of Ukiah hereby ordains as follows.
Section One.
Chapter 5, Division 1 of the Ukiah City Code is hereby
amended by repealing sections 1311-1316 thereof and amending sec-
tions 1300-1310 to read as follows:
1300 - Classified Service
There is hereby created in the City of Ukiah a classified
service which shall include all appointive positions of employ-
ment with the City of Ukiah, except:
a. Ail City Department heads, including, but not
limited to, the City Attorney, City Manager, Assistant City
Manager, Public Works Director, City Engineer, Director of Com-
munity Development, Finance Director, Director of Community Serv-
ices, Director of the Electric Utility, Police Chief, Fire
Chief, Director of Public Safety, and any other similar Depart-
ment head position;
b. Ail uncompensated positions;
c. Ail part-time or temporary positions;
d. Ail personnel hired for a State or Federally funded
program or other specially funded project of definite duration;
and
e. Ail persons or entities employed to render profes-
sional, scientific or expert service of an occasional or excep-
tional character for a limited time period. Nothing in this sec-
tion shall be construed to make such person or entity a city
emplOyee for any purpose, if hired as an independent contractor.
Section 1301 - Department of Personnel
There is hereby established in the City'of Ukiah a Person-
nel Department, consisting of a Civil Service Board and a Person-
nel Officer.
Section 1302 - Civil Service Board, membership
a. Number. The Civil Service Board shall consist of three
members. One shall be appointed by the City Council, one shall
be appointed by the employees, and one shall be appointed by
other two members. "
b. Qualifications. The members of the Civil Service Board
shall be residents of the City of Ukiah for a continuous period
of at least one year immediately preceding appointment to said
Board, shall be qualified electors of said City, and shall serve
without compensation. No officer or employee of the City of
Ukiah shall be appointed to said Board, nor shall any member,
while a member of the Board or for a period of one year after he
or she has ceased for any reason to be a member, be eligible for
appointment to any salaried office or employment in the service
of the City or to any City elective office.
c. Term of office. Terms of office shall be of an in-
definite term, but not less than four years. After serving the
first four years of the term, the nonemployee members may be
removed without cause and replaced by the persons who made the
appointment in the same manner as for an appointment. After
serving the first four years of the term, the employee member
of the Board may be removed by majority vote of the bargaining
agents for each recognized employee collective bargaining unit.
The employee member of the Board shall be appointed or replaced
by the highest number of votes Cast by all employees voting in
an election based on secret ballots from among candidates
nominated by recognized employee collective bargaining units.
Each unit shall have the right to appoint one nominee. The elec-
tion of the member appointed by employees shall be conducted by
the Personnel Officer in accordance with procedures that comply
with this ordinance and are approved by the Civil Service Board.
The term of a Board member may terminate at any time after
appointment for the following causes: 1) death, resignation or
incapacity, 2) no longer meeting the eligibility requirements
for membership, or 3) failure to attend three scheduled meetings
without prior approval of the other Board members. A Board mem-
ber shall be removed under this paragraph by unanimous vote of
the other board members.
d. Temporary vacancies. If any Board member is unable for
any cause to hear a matter pending before the Board, the remain-
ing Board members, in accordance with rules adopted by the Board,
may select a temporary member to hear and decide that matter.
Such a temporary inability or disqualification to hear a par-
ticular matter shall not constitute grounds to declare a per-
manent vacancy on the Board and the temporary member so selected
shall serve only to hear and decide that matter.
e. Permanent vacancies. Permanent vacancies on the Civil
Service Board, from whatever cause, shall be filled by appoint-
ment by the persons who made the original appointment. Each
newly appointed member shall commence a new term of office. Each
member of the Board shall serve until his or her successor is
appointed and qualified.
Section 1303 - Civil Service Board, powers and duties
The Civil Service Board shall have the following powers and
duties:
To hear and decide for the City appeals by employees under
Section 1306. In exercising this authority the civil Service
Board shall have:the following powers:
(a) To examine witnesses under oath and exercising the
authority of the City Council under Government Code sections
37104-37109 compel the attendance of witnesses or the production
of evidence before it by subpoenas signed by the Mayor and at-
tested by the City Clerk. The Chief of Police shall cause all
such subpoenas to be served. The subpoenas shall be enforced in
the same manner as subpoenas issued by the City Council;
(b) To adopt rules of procedure, consistent with this
Chapter, for the conduct of its proceedings, including, but not
limited to, rules governing the appointment of a hearing officer
to conduct hearings, make findings and recommend decisions to the
full Board; and
(c) Subject to the availability of funds and procure-
ment rules adopted by the City Council employ independent legal
counsel to advise it in performing its duties under this Chapter.
To be valid and binding on the City, any contract for legal serv-
ices under this subsection must be signed by the City Manager.
1304 - Personnel Officer
The City Council shall appoint a personnel officer among
whose duties it shall be to act in the capacity of a secretary
and clerk to the Civil Service Board. The Personnel Officer
shall be the custodian of all personnel records and shall be the
offiCial upon or with whom all notices, requests for hearings,
complaints and other official documents shall be served or filed.
Said personnel officer shall establish and maintain a roster
of officers and employees in the classified service. He or she
shall also prepare a record of the length of service of each
employee in the classified service, together with a concise
statement of all duties being performed by said employee, the
salary being paid, and the hours of work of said employee. He or
she shall render such additional service in connection with such
Civil Service System as may be requested by the City Council or
the City Manager.
The duties of the office of Personnel officer may be com-
bined with those of any other office in the event the work in-
volved does not warrant, in the discretion of the City Council,
the creation of a special position.
1305 - Appointments to positions in the classified service:
a. Reqular appointments: Ail appointments to posi-
tions or employments in the classified service shall be made by
the City Manager from eligible persons on the eligible lists,
which lists have been established pursuant to the rules and
regulations adopted under the authority of this ordinance. All
employees in the classified service shall serve an introductory
period as specified for their positions by the City Council, com-
mencing on the date of their appointment. During the introduc-
tory period employees may be terminated with or without cause and
without prior notice or opportunity for a hearing. If good cause
exists, the introductory period may be extended by the City
Manager for not to exceed six (6) months.
b. Temporary appointments: The City Manager may make
temporary appointments to positions of employment with the City
without being required to hire from eligible lists, in the fol-
lowing circumstances: 1) in the event that no eligible list has
been prepared for a position that must be filled immediately, 2)
all those on the eligible list are not available to fill a posi-
tion that must be filled immediately, 3) during suspension of any
officer or employee, or pending final action on proceedings to
review a suspension, demotion or dismissal of an employee or of-
ficer, or 4) to perform duties for a time period of definite
duration. The City may not fill any position by temporary ap-
pointment for longer than twelve consecutive months or fourteen
total months in any two year period. No credit shall be allowed
in the giving of examinations for service rendered under a tem-
porary appointment.
1306 - Removal or suspension of employees:
Every officer and employee in the classified service shall
retain his office or employment, so long as it exists under the
same or a different title, during good behavior, and shall not be~
suspended, fined, demoted, removed, reduced in compensation as a
punishment or otherwise penalized, except as in this paragraph
provided. No person who has served the introductory period in a
regular, full-time office, or employment, as hereinabove provided
for, shall be removed therefrom or penalized therein except for
good cause shown and in accordance with rules adopted by resolu-
tion of the City Council. Such rules shall provide such
employees subject to suspension without pay for more than 10
working days, demotion or termination of employment with a right
to a hearing before the Civil Service Board in accordance with
rules adopted by resolution of the City Council.
1307 - Elimination of positions and reductions in force
Notwithstanding the provisions of section 1306, employees in
the classified service shall be subject to layoff due to the
elimination of their positions or for lack of work or lack of
funds. Whenever a classified employee is laid off pursuant to
this section, the order of layoff within a class of employees
shall be determined by length of service, provided employees with
more seniority are qualified to fill the remaining positions in
the department where the position or positions were eliminated.
Except as otherwise provided in this section, the employee who
has been employed the shortest time in that department shall be
laid off first, unless employees with more seniority are not
qualified to serve in the positions remaining in the department
where the positions were eliminated. A special rule applies to an
employee who was promoted to the department from another depart-
ment within five (5) years from the date when the lay-off would
occur and who would otherwise be laid off under this section.
Such an employee shall not be laid off, if the employee has more
seniority with the City than an employee in the department of
origin. In such a case the employee in the department of origin
who has been employed by the City the shortest time in that
department shall be laid off first, provided the promoted
employee is qualified for the resulting vacancy. Promoted
employees who are transferred back to their department of origin
under these rules shall receive the salary and benefits payable
for the position into which they are transferred. Temporary
employees not in positions of definite duration shall be laid off
before any regular employee, if regular employees are qualified
to fill the positions occupied by temporary employees.
Re-employment into the same or a similar position within a
period of two years shall be in the reverse order of layoff.
Such positions shall be filled as otherwise provided in this
Chapter, if no qualified laid off employee is available to fill
the position.
1308 - Solicitation of contributions:
No City officer, agent, clerk or employee shall directly or
indirectly solicit or receive, or be in any manner concerned with
soliciting or receiving any assessment, subscription, contribu-
tion or political service, whether voluntary or involuntary, for
any political purpose whatever, from any one on eligible lists
or holding any position under the provisions of this ordinance.
1309 - Penalty for violation:
Any person, persons, firm or corporation violating any sec-
tion of this ordinance or the whole or any part thereof, shall be
guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not more than Three Hundred ($300.00) or by
imprisonment in the County Jail of Mendocino County, California,
as the committing magistrate may direct, for a period of not more
than three (3) months or by both such fine and imprisonment in
the discretion of the Court.
1310 - Constitutionality:
If any section, subsection, subdivision, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitu-
tional or invalid for any other reason, such decision shall not
affect the validity of the remaining portions of the ordinance.
The City Council hereby declares that it would have passed this
ordinance and each section, sub-section, subdivision, sentence,
clause and phrase thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses
or phrases be declared unconstitutional or invalid.
Section Two.
This Ordinance shall be published as required by law and
shall become effective 30 days after its adoption.
Introduced by title only on
lowing roll call vote:
, 1991, by the fol-
AYES:
NOES:
ABSENT:
Adopted on
vote:
, 1991, by the following roll call
AYES:
NOES:
ABSENT:
ATTEST:
Mayor
City Clerk
(S:\FROMLISA\U\ORDS\CIVSER)
ADDENDUM "B"
PROCEDURE FOR PROCESSING GRIEVANCES
1. Definitions:
1.1 A "grievance" is a formal written allegation by a grievant that
he/she has been adversely affected by a violation of the specific
provisions of this Agreement. Actions to challenge or change the
provisions of this Agreement or the policies of the City as set
forth in City policies or undertaken through separate legal
processes. Matters for which a specific method of review is
provided by law, by the rules and regulations of the City Council or
by the administrative regulations and procedures of the City are not
within the scope of this procedure.
1.2 A "grievant" is an employee of the City covered by the terms of this
Agreement.
1.3 A "day" is any day in which City Hall of the City is open for
business.
1.4 The "immediate supervisor" is the lowest level supervisor having
immediate jurisdiction over the grievant who has been designated to
adjust grievances.
1.5 A "conferee" is a person who is not a party to a grievance, who is
asked by either party to serve as that party's advisor or
representative.
2. Informal Level:
Before filing a formal written grievance, the grievant shall attempt to
resolve it by an informal conference with his/her immediate supervisor.
3. Formal Level:
3.1 Level I:
Within fifteen (15) days after the occurrence of the act or omission
giving rise to the grievance, the grievant must present the
grievance in writing on the appropriate form to his/her immediate
supervisor. No grievance shall be entertained or processed unless
it is submitted at Level I within the fifteen (15) days time limit.
If a grievance is not presented within the time limit set forth
above it shall be considered waived.
This statement shall be a clear, concise statement of the grievance,
the specific provision of the Agreement~ alleged to have been
violated, the circumstances involved, the decision rendered at the
informal conference and the specific remedy sought.
Within the specified time limits, the grievant or the immediate
supervisor may request a personal conference.
The immediate supervisor shall communicate his/her decisions to the
employee in writing within ten (10) days after receiving the
grievance. If the immediate supervisor does not respond within the
time limits, the grievant may appeal to the next level.
3.2 Level II:
In the event the grievant is not satisfied with the decision at
Level I, he/she must appeal the decision on the appropriate form to
the Department Head within ten (10) days.
This statement shall include a copy of the original grievance, the
decision rendered, and a clear, concise statement of the reasons for
the appeal.
The Department Head shall communicate his/her decision within ten
(10) days after receiving the appeal. Either the grievant or the
Department Head may request a personal conference within the above
time limits. If the Department Head does not respond within the
time limits, the grievant may appeal to the next level.
3.3 Level III:
If the grievant is not satisfied with the decision at Level II,
he/she must, within ten (10) days, appeal the decision on the
appropriate form to the Personnel Officer.
This statement shall include a copy of the original grievance and
appeal the decisions rendered and a clear, concise statement of the
reasons for the appeal.
The Personnel Officer shall communicate a decision to the grievant
within ten (10) days. Either the grievant or the Personnel Officer
may request a personal conference within the above time limits. If
the Personnel Officer does not respond within the time limits, the
grievant may appeal to the next level.
3.4 Level IV:
In the event that the grievant is not satisfied with the decision at
Level III, he/she must appeal the decision in writing within ten
(10) days to the City Manager. The City Manager alone has the power
to render a final and binding determination of a grievance, subject
to right of established judicial review.
General Provisions:
a. Any party to a grievance may, at any step in the formal level, request
one other person to serve as a conferee and to be present during the
proceeding.
-2-
b. A decision rendered at any step in these procedures becomes final unless
appealed within the time limits specified.
c. Time limits given in these procedures may be modified by written
agreement of the parties involved.
d. If the same complaint or substantially the same complaint is made by more
than one employee against one party,- only one employee on behalf of
himself/herself and the other complainants, may process the grievance or
complaint through the grievance procedure. Names of all aggrieved
parties shall appear on all documents related to the processing of the
grievance. This provision may be waived by all parties concerned.
e. Any unit member may present grievances in accordance with this Article
without intervention of the Unit, so long as the adjustment is not
inconsistent with the terms of this Agreement.
f. Ail documents resulting from the processing of a grievance shall be kept
in a separate grievance file and will not be kept in an employee's
personnel file.
R:EMPLOY
Procedure Grievances
-3-
. ADDENDUM "C"
CITY OF UKIAH
POLICY AGAINST HARASSMENT IN THE WORKPLACE
A. POLICY STATEMENT
It is the City's policy to provide a work environment in which employees are
treated with respect and dignity and which is free from discrimination and
harassment. The City does not condone and,' will not tolerate any harassment
because of race, sex, sexual orientation, national origin, color, age,
religion, marital status, physical or mental handicap, or medical condition.
Disciplinary action up to and including dismissal will be taken promptly
against any employee engaging in harassment practices. In addition we will
endeavor to protect employees to the extent possible from reported harassment
by non-employees in the work place. Each Department Head and Supervisor is
responsible for implementing this policy within their areas of responsibility.
B. DEFINITION OF HARASSMENT
Harassment includes but is not limited to:
1. Verbal harassment: derogatory comments, slurs, jokes, ridicule.
2. Written harassment:
invitations.
suggestive or obscene letters, notes,
3. Physical harassment: assault, offensive touching, impeding or
blocking movements, or any physical interference with normal work or
movement when directed at an· individual on the basis of those
characteristics or conditions listed above.
4. Visual harassment: leering, derogatory posters, objects, pictures or
cartoons.
5. Sexual harassment: may include all harassment listed above but
specifically is defined as unwelcome sexual advances, request for
sexual favors and other verbal or physical conduct of the sexual
nature when:
a~
Submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment
or;
be
Submission to or rejection of such conduct by an individual is
used as a basis for employment decisions effecting such
individual or;
C ·
Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating
an intimidating, hostile or offensive working environment.
The City recognizes the seriousness of a charge of sexual harassment and
the impact it can have on innocent men or women. Therefore, making an
allegation of sexual harassment knowing the allegation to be false is
subject to disciplinary action.
C. PROCEDURES
Prevention is the best tool for the elimination of harassment. The City of
Ukiah will take all steps necessary to prevent harassment from occurring.
These steps include affirmatively raising the subject through training and
this written policy, expressing strong disapproval, developing appropriate
sanctions and informing all employees of their right to an environment free of
harassment. Each Department Head shall be responsible for following these
steps. The City will respond to complaints of harassment or violations of
this policy in accordance with the following procedures:
1. Employees
a. Employees encountering harassment should tell the person that
their actions are unwelcome and offensive or inappropriate.
The employee should document all incidents of harassment in
order to provide the fullest basis for investigation.
b. Any employee who believes that he or she is being harassed
should notify his/her supervisor within 30 days of the incident
so that steps may be taken to protect the employee from further
harassment and appropriate disciplinary measures may be
initiated. Where this is not practical or if the employee
prefers, he/she may directly file a complaint with the
Department Head or the Personnel Director. The employee may
consult their employee representative at any time for
assistance.
Ce
Every employee is responsible for and shall assist in the
prevention of harassment by:
1. Refraining from participation in, or encouragement of,
actions that could be perceived as harassment;
2. Reporting acts of harassment to a supervisor;
3. Assisting any employee who confides that he or she is
being harassed by encouraging him or her to report it to a
supervisor.
2. .Supervisor
a. Each supervisor will be responsible and accountable for
preventing acts of harassment. This includes monitoring the
working environment on a daily basis for signs of harassment;
counseling employees on the types of behavior prohibited and
the complaint procedures; stopping any observed acts of
harassment and taking appropriate steps; and taking immediate
action to limit the work contact between the two employees
where there has been a complaint of harassment pending
investigation.
bo
Each supervisor has the responsibility to assist any employee
who comes to that supervisor with a complaint of harassment in
documenting and filing a complaint under the correct
procedures.
c. Upon receiving a complaint, the supervisor shall meet with the
employee and document the incidents complained of, the persons
doing or participating in the harassment, and the dates on
which they occurred.
d. The supervisor will notify the Department Head of all
harassment complaints.
e. A formal harassment complaint will be a signed written account
of what has occurred including a description of the incidents
and the names of all persons who were present. Ail such
information will be kept in as strict confidence as possible
between the parties. "Strict confidence" means that no
information concerning the complaint, the investigation, or the
disciplinary process shall be disclosed to any person who does
not need the information. Any knowing or wreckless breach of
confidentiality by an employee shall constitute grounds for
disciplinary action.
3. Investigation and Determination
a. The Department Head, in consultation with and subject to the
approval of the Personnel Director, shall determine whether
sufficient grounds exist to further investigate. If warranted,
an investigation of the complaint will be held within 30 days.
This will include a thorough review of the circumstances under
which the alleged act of harassment occurred, questioning the
complainant thoroughly to get his/her side of the story,
questioning the accused thoroughly to get his/her side of the
story, and interviewing witnesses as confidentially as
possible.
b. After conducting the investigation a determination regarding
what occurred shall be made. Both the complainant and the
accused shall be informed of the results after a conclusion is
reached. There are three (3) possible conclusions: The
evidence showed no violation of the harassment policy occurred;
the evidence is inconclusive; or the evidence shows that
harassment did occur.
1. No Harassment Found:
If the conclusion is that the complaint lacks merit both
parties shall be informed in writing. The complainant
will also be informed that he/she may provide any
additional information to support the accusation. An
investigation of any further evidence will be conducted
and the initial conclusion may be altered if appropriate.
2. Inconclusive Findings:
If the result of the investigation is inconclusive, both
parties should be informed in writing. This harassment
policy will be reviewed with the accused and the
complainant will be informed that this has been done.
Depending on the severity of the charges counseling and
training regarding the harassment policy may be
considered.
3. Harassment Found:
If it is the conclusion that a violation occurred several
options should be considered depending on the nature and
seriousness of the harassment. These options include:
corrective counseling, disciplinary actions, leave of
absence and reassignment or termination of employment.
c. Complainants or employees accused of harassment may file a
grievance appeal directly to the City Manager in accordance
with the last step of the grievance procedures when they
disagree with the investigation or disposition of a harassment
claim.
d. This policy does not preclude any employees from filing a
complaint or grievance with an appropriate outside agency.
The key to proper handling of harassment complaints include: objectivity,
procedural fairness, prompt investigation, confidentiality,
documentation, and thoroughness. DO NOT ignore any complaint. There
will be no retaliation against any' employee for filing a harassment
complaint or assisting, testifying or participating in the investigation
of such a complaint.
R: SPER2
POLICIES
ADDENDUM "D"
CITY OF UKIAH
ALCOHOL AND DRUG FREE WORK PLACE POLICY
NOVEMBER, 1992
I. PURPOSE
It is the intention of this policy to ..eliminate substance abuse and its
effects in the workplace. While the City of Ukiah has no intention of
intruding into the private lives of its employees, involvement with drugs
and alcohol can take its toll on job performance and employee safety. We
want employees to perform their duties safely and efficiently, in the
interests of their fellow workers and the public as well as themselves.
The presence of drugs and alcohol on the job, and the influence of these
substances on employees during working hours, are inconsistent with this
objective.
This policy applies to all employees and to all applicants for positions
with the City. This policy applies to alcohol and to all substances,
drugs, or medications, legal or illegal, which could impair an employee's
ability to effectively and safely perform the functions of the job.
Possession of these substances for use (except for medication) or sale on
City premises is prohibited, and constitutes grounds for discipline
including termination.
Employees who think they may have an alcohol or drug usage problem are
urged to voluntarily seek confidential assistance. Ail employees are
encouraged to go to the Personnel Director to discuss possible problems
the employee may be having and to find solutions. The County Division of
Alcohol and Other Drug Programs has counseling services available for
anyone seeking assistance. While the City will be supportive of those
who seek help voluntarily, the City will be equally firm in identifying
and disciplining those who continue to be substance abusers and do not
seek help. Disclosures made by employees to the City concerning their
use of drugs and/or alcohol and their participation in any drug or
alcohol rehabilitation program will be treated confidentially and will
not be revealed to others.
This policy provides guidelines for the detection and deterrence of
alcohol and drug abuse. It also outlines the responsibilities of the
City's managers and employees. To that end, the. City will act to
eliminate any substance abuse which increased the potential for
accidents, absenteeism, substandard performance, poor employee morale, or
damage to the City's reputation.
II. POLICY
It is the City of Ukiah's policy that employees shall not be under the
influence of or in possession of alcohol or drugs; nor possess alcohol or
drugs while on City property, at work locations, or while on duty, or
become intoxicated while on standby duty; shall not utilize such
substances while they are subject to City duty, sell or provide drugs or
alcohol to any other employee or to any person while employee is on duty,
nor have their ability to work impaired as a result of the use of alcohol
or drugs.
There may be occasions when the consumption of alcohol will be permitted
during working hours for a specific event, if permission is given by the
Department Head or City Manager.-
While use of medically prescribed medication and drugs is not per se a
violation of this policy, the employee must notify his/her supervisor,
before beginning work, when taking medications which could foreseeably
interfere with the safe and effective performance of duties or operation
of City equipment. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties
while using such medication or drugs, clearance from a. qualified
physician may be required.
Where there is a reasonable suspicion that an employee is under the
influence of alcohol or drugs, the employee shall be prevented from
engaging in further work and shall be detained for a reasonable time
until he or she can be safely transported from the work site.
"Reasonable suspicion" is a belief based on objective facts sufficient to
lead a reasonably prudent supervisor to suspect that an employee is under
the influence of drugs or alcohol so that the employee's ability to
perform the functions of the job is impaired or so that the employee's
ability to perform his/her job safely is reduced.
For example, any of the following, alone or in combination, may
constitute reasonable suspicion:
1. Slurred speech.
2. Alcohol odor on breath.
3. Unsteady walking and movement.
An accident involving City property (in combination with any other
factor).
5. Physical altercation.
6. Verbal altercation.
7. Unusual behavior.
8. Possession of alcohol or drugs.
9. Information obtained from a reliable person with personal knowledge.
If there is reasonable suspicion and an employee is confronted regarding
this policy, the employee shall have the right to have a bargaining unit
member be present as a witness. As soon as possible, the City shall
contact the recognized bargaining representative indicating the incident
and circumstances.
The City is committed to providing reasonable accommodation to those
employees whose drug or alcohol problem classifies them as handicapped
under federal and/or state law.
III. EMPLOYEE RESPONSIBIIiITIES
An employee must:
A. Not report to work or be subject to duty while his/her ability to
perform job duties is impaired due to on or off duty alcohol or drug
use.
- 2 -
B. Not possess or use alcohol or impairing drugs (illegal drugs and
prescription drugs without a prescription) during working hours or
while subject to duty, on breaks, during meal periods, at any time
while on City property.
C. Not directly or through a third party sell or provide drugs or
alcohol to any person, including any employee, while either employee
or both employees are on duty or subject to being called.
D. Notify his/her supervisor, before beginning work, when taking any
medication or drugs, prescription or nonprescription, which may
interfere with the safe and effective performance of duties or
operation of City equipment. The employee may be asked to provide a
bona fide verification of a current valid prescription for any
potentially impairing drug or medication.
E. Federal law requires that any employee working on a project funded
by a federal grant must notify the employer of any criminal drug
statute conviction for a violation occurring in the workplace no
later than 5 days after such conviction.
IV. MANAGEmeNT RESPONSIBILITIES AND GUIDELINES
A. Managers and supervisors are responsible for reasonable enforcement
of this policy.
B. The City shall provide training for management and supervisors to
recognize the symptoms of drug abuse.
C. Any Manager or Supervisor encountering an employee where there is
reasonable suspicion that the employee is under the influence of
alcohol or drugs, should detain the employee for a reasonable time
until the employee can be safely transported home. Observations
should be verified by a higher level Supervisor or by the Department
Head.
D. Managers and Supervisors shall not physically search the person of
employees, nor shall they search the personal possession of
employees without the freely given consent of, and in the presence
of, the employee. Note: Ail searches must be cleared with the
Personnel Department. (This section does not apply to Police
investigations.)
E. Managers and Supervisors shall notify their Department Head or
Designee when they have reasonable suspicion to believe that an
employee may have illegal drugs in his or her possession or in an
area not jointly or fully controlled by the City. If the.Department
Head or Designee concurs that there is reasonable suspicion of
illegal drug possession, the Department Head shall notify the
appropriate ]aw enforcement agency.
R:PER6
Policy
-3 -
CITY OF UKIAH
RULES GOVERNING EMPLOYEE DISCIPLINE
I. GENERAL RULES
A. Application
These rules apply to full-time, regular City employees in the classified service who have
successfully completed their introductory period.
All other city employees may be disciplined without reference to these provisions. Such
employees have no property interest in their employment, express or imphed.
B. Types of Discipline
Discipline may be imposed in one of the following ways:
g/oral reprimand.
written reprimand.
c) suspension with or without pay.
ed/ demotion.
termination.
C. Grounds for Discipline
Discipline may be imposed whenever good cause exists. It is not possible to define all the
factors which constitute good cause. The following are examples of circumstances where
discipline may be imposed.
a) Theft.
b) Insubordination.
c) Substance abuse affecting job performance.
ed Failure to report to work without proper excuse.
Incompetence or other failure to properly discharge
duties.
f) Abuse of sick leave.
g) Conduct outside working hours that directly and
adversely affects the employee's ability to perform
his duties or the City's legitimate interests as
an employer.
h) Falsification of records, either the application
for employment or other records after employment.
i/Fighting or horseplay between employees.
Violation of any City or departmental rules govern-
ing employee conduct.
k) Intentional misconduct or gross negligence or
recklessness causing personal injury or property
damage.
-1-
D. Progressive Discipline
The City will endeavor, where appropriate in the judg.ment of management, to use progres-
sive discipline. A typical progressive sequence of disciplinary actions by the City may in-
clude oral reprimand, written reprimand, suspension without pay, demotion and discharge.
Not every case warranting, discipline will utihze each type of penalty, in the sequence. The
penalty and its severity will depend on such factors ..as the nature otthe employee's duties,
the conduct warranting discipline, the employee's length of service with the City, the
employee's previous conduct and disciplinary record and the employee's willingness and
ability to change his or her behavior.
E. Types of Discipline Explained
1. Oral Reprimand
An oral reprimand is a verbal statement to the employee that certain conduct is in-
appropriate. A written record of the date and circumstances of the reprimand will
be kept by the'person ~giving the reprimand. This record will not be included in the
employee's personnel file.
2. Written Reprimand
A written reprimand is a formal written communication to the employee describing
improper conduct. When the employee has received one or more oral reprimands,
that fact may be stated in the written reprimand.
A copy of the written reprimand shall be placed in the employee's personnel file.
3. Suspension without Pay
An .employee may be suspended without pay. Absent unusual circumstances, the
mammum suspension will be sixty (60) working days. Misconduct warranting dis-
ciI?lin.e exceeding a sixty (60) working day suspension will normally result in ter-
Imnatlon.
During suspension an employee will not accrue sick or other paid leave or vacation.
The employee will continue to receive other benefits not related to salary, e.g.,
health and life insurance coverage.
4. Demotion
A "demotion" is the movement of an employee from one class or step to another
class or step having a lower maximum base rate of pay.
5. Termination
Termination is the most severe form of discipline. An employee discharged for
cause will be afforded an opportunity for one hearing before the Civil Service Board
before the effective date of the discharge.
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II. DISCIPLINARY PROCEDURE
A. Reprimand
An employee shall have the right to meet with the Department Head prior to the issuance
of a verbal or written reprimand. The Department Head shall meet with an employee
rega.rding the reprimand after it is issued. If the reprimand is in writing, the employee shall
recmve a copy thereof from the Department Head or his or her designee. The Department
Head or his or her designee shall insure that a copy of the reprimand is placed in the
employee's personnel file, and the employee shall be notified of such action. The
employee shall be given a reasonable opportunity not to exceed 14 calendar days to
prepare a written response to such reprimand which shall be maintained in the employee's
personnel file. For good cause shown, an employee response may be filed after the four-
teenth (14th) day following the employee's receipt of the written reprimand. Other than
such written response, there shall be no right to appeal or contest a reprimand.
B. Suspensions and Terminations
1. Short-term suspension of 5 days of less.
Department Heads or their designees shall have the authority to impose suspensions
of 5 working days (three 24-hour shifts for shift employees in the fire department') or less
on employees w~thin their department. All employees subject to such suspensions shall be
entitled to notice and an opportunity for a heanng as described in this section II.B.1.
a. Notice;
Prior to the effective date of the suspension the employee shall be personally served
with a written notice containing the following information:
(1) a copy or statement of charges upon which the suspension is based;
(2) a description of the facts supporting the suspension;
(3) the length of the suspension;
(4) the proposed effective and termination dates of the suspension;
(5) copies of any documents or other writings upon which the Department Head or
his or her designee relies in imposing the discipline.
(6) a statement that the employee may respond to the Department Head, either
orally or in writing within fourteen (14) calendar days of the date that the notice is served
upon him or her.
In emergencies the Department Head may provide the notice required by Section
II.B.l.a. after the effective date of the suspension. An "emergency" shall exist if the Depart,
ment Head concludes that harmful consequences may result if an employee is not
suspended immediately. In the event of an emergency suspension, the notice to the
employee shall state the facts upon which a finding of emergency was based.
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b. Hearing before Department Head.
(i) Consideration of response,
The Department Head shall consider any written or oral response from an
employee in determining whether to revoke or reduce the suspension or to impose a lesser
discipline such as a written reprimand..~
(ii) Report of consideration.
Within seven (7) calendar days of receiving the employee's response the Depart-
ment Head shall personally serve the employee with a written report of his or her decision,
or if the employee is not available at the Civic Center, he or she shall within said seven (7)
calendar days, send by certified mail a copy of the decision to the employee's home ad-
dress. A copy of the decision, including all notices and other documents served on the
employee and all documents submitted by the employee or otherwise considered by the
Department Head in reaching his or her decision, shall be delivered to the Personnel
Director. The written decision shall include a notice that if the employee is still subject to
suspension and remains dissatisfied with the decision, he or she can appeal the decision to
the City Manager who shall have the authority to uphold, reverse or modif), the decision of
the Department Head and impose such discipline as he or she determines is justified by the
evidence presented. The employee must submit the request in writing to the City
Manager's office within fourteen (14) calendar days of the date the notice is personally
served on or mailed to the employee. The employee's notice of appeal must state the
reasons for the appeal and the justification for changing the Department Head's decision.
The City Manager shall not consider any appeal that does not satisfy the requirements of
this section or any reason for changing the Department Head's decision not described
specifically in the employee's written request for an appeal.
c. Appeal to the City Manager.
The City Manager shall conduct an informal hearing within fourteen (14)'calendar
days of the date he or she receives the written request therefor. Orally or in writing he or
she shall notify the Department Head and the employee of the date, time and place of the
hearing. By agreement of the City Manager and the employee the hearing may be con-
tinued for no more than thirty (30) calendar days. The employee may be represented at
the hearing. He or she may produce any evidence or argument he or she desires, as long as
such evidence or argument addresses grounds for appeal set forth in the written request for
an appeal. The City Manager shall maintain a written record of the hearing, and may, but
need not, electronically or stenographically record it. At his or her own exp. ense the
employee may arrange to stenographically or electronically record the hearing, if the City
Manager does not do so. At the conclusion of the hearing the City Manager shall either
announce his or her decision orally or take the matter under submission. In either case, he
or she shall have personally served on the employee or mail by certified mail to the
employee's home address his or her written decision. That decision shall be final for the
City of Ukiah. The decision shall state the date on which it becomes final and shall notify
the employee that under Code of Civil Procedure Section 1094.6 the employee has a right
to challenge the decision in Superior Court, if that challenge is filed within ninety (90) days
of the date the decision becomes final.
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2. Suspensions of between six (6) and ten days.
The procedures in this section govern suspensions without pay of any officer or
employee for not more than ten (10) working days (five (5) 24-hour shifts for shift
employees in the fire department) in any consecutive 12 month period.
a. Notice..
Not less than fourteen (14) calendar days prior to the effective date proposed for a
suspension of between six (6) and ten (10) working days (between four and five 24-hour
shifts for shift employees in the fire department), the Department Head shall have per-
sonally served on or mail by certified mail to the employee's home address a notice that
complies with the requirements of section II.B.l.a, except as to item (6). Instead, the
notice shall include the date, time and place of the hearing before the Department Head as
provided in section II.B.2.b.
b. Hearing before department head.
Not less than seven (7) nor more than ten (10) calendar days after service or mailing
of the notice described in section II.B.2.a, the Department Head shall conduct a hearing at
which the employee may appear and be heard. By agreement of the employee and the
Department head, the hearing may be continued for a period not to exceed thirty (30)
calendar days. The Department Head shall maintain a written record of the hearing and
may, but need not, record the hearing electronically or stenographically. The employee
and/or his representative may present at such hearing such arguments and evidence as he
or she deems appropriate. At the conclusion of the hearing or within fourteen (14) calen-
dar days thereafter, the Department Head shall make a final determination of the charges
against the employee, the factual basis for imposing discipline, the length of the suspension,
the proposed effective and termination dates of the suspension and the identity of any writ-
ings not previously identified upon which the Department Head relies in ~mp°sing the
suspension. A copy of the decision, including all documents served on the employee, sub-
mitted by the employee or otherwise considered by the Department Head in reaching his
decision shall be filed with the Personnel Director.
c. Notice of hearing.
Within fourteen (14) calendar days after the conclusion of the hearing conducted
under II.B.2.b, but in any case prior to the effective date of the discipline, the Department
Head shall have personally served on the employee or mailed by certified mail to the
employee's home address a notice setting forth the Department Head's final determina-
tions as described in section II.B.2.b. In addition to notifying the employee of any changes
in the initial Notice of Suspension issued under section II.B.2.a, the Department Head's
final decision and/or Notice of Suspension shall notify the employee that he or she is en-
titled to appeal the decision of the Department Head to the City Manager, if the employee
files a written request therefor with the City Manager's office w~thin fourteen (14) calendar
days of the date of service or mailing of the decision. The employee's written request for
an appeal must state the reasons for the appeal and the grounds or justification for chang-
ing the Department Head's decision. The City Manager shall not consider any appeal that
does not satisfy the requirements of this section or any reason for changing the Department
ltead s decision not described m the employee s request for an appeal. If the employee
files a timely and adequate notice of appeal, the effective date of the suspension shall be
delayed until the City Manager issues h~s decision as provided in section II.B.2.d.
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d. Hearing before City Manager.
Within fourteen (14) calendar days of the request therefor, the City Manager shall
conduct an evidentiary hearing at which the claimant may appear personally with represen-
tation of his or her choice. The employee and the City Manager may agree to extend the
hearing date a maximum of thirty (30) calendar days. At his or her option the City
Manager may assign a hearing officer to conduct the hearing.
(i) The Hearing.
The City Manager or his or her designee shall conduct the hearing as follows:
A) Testimony shall be taken under oath, but the oath need not be administered by
a notary public.
B) The person imposing discipline has the burden of proof. That burden is to show
by a preponderance of the evidence that the act(s) for which discipline was imposed
were, in fact, committed.
C) The normal order of proof, unless varied by the person conducting the hearing
or by agreement of the parties, shall be:
a) Opening statement(s), if desired. (The employee may reserve until his or
her rebuttal).
b) Management case.
i/direct testim°ny
cross examination.
redirect.
c) Employee rebuttal.
i/direct testimony·
cross examination.
redirect.
ed/Management rebuttal.
Closing arguments.
D) The rules of evidence do not apply. Any relevant evidence, including hearsay,
may be admitted if it is the type of evidence upon which reasonable men and women
may rely in the conduct of serious affairs. Hearsay, standing alone, may not be used
to prove a material fact. The City Manager or hearing officer may exclude ir-
relevant .or cumulative evidence. He or she may exclude any document not
reasonably shown to be authentic.
Objections to evidence may be made by either party and ruled on by the person con-
ducting the hearing.
E) A hearing shall be electronically recorded and/or stenographically reported.
F) No witness, except rebuttal witnesses, shall be alloWed to testify and no evidence,
except rebuttal evidence, shall be admitted in evidence, unless the opposing party
has been furnished with the witness's name, address and telephone number, if
known, and a copy of the document or other evidence at least, five (5) working days
prior to the hearing. For ~3ood cause shown, the hearing officer or City Manager
may determine that the tesmnony or evidence should be admitted.
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(ii) Decision in hearing conducted by City Manager
After the conclusion of the hearing conducted by the City Manager, the City
Manager shall have personally served on or mail by certified mail to the employee a writ-
ten decision. The decision shall make findings of fact based exclusively on the evidence
presented at the hearing, and specify the discipline.imposed and the date(s) when the dis-
cipline will become effective. The decision shall state the date on which it becomes final
and shall notify the employee that under Code of Civil Procedure Section 1094.6 the
employee has a right to challenge the decision in Superior Court, if that challenge is filed
within ninety (90) days of the date the decision becomes final.
(iii) Decision in hearing 'conducted by hearing officer.
If the hearing is conducted by a hearing officer assigned by the City Manager, the
hearing officer shall prepare a recommended decision for the City Manager within four-
teen (14) calendar days after the conclusion of the hearing. The City Manager shall adopt,
modify or reject the recommended decision. If he or she rejects the decision, he or she may
prepare a new decision based on the record or he or she may conduct such new or addi-
tional hearings as he or she deems appropriate. The final decision adopted by the City
Manager shall comply with the requirements of subsection ii.
3. Suspensions of more than ten (10) days, terminations and other disciplinary ac-
tions.
The rules in this section shall apply to suspensions of more than ten (10) working
days (five 24-hour shifts for shift employees in the fire department) in a period of 12 con-
secutive months, demotions, terminations or other disciplinary actions not subject to proce-
dures specifically provided in other sections of these regulations.
a. Notice and hearing prior to appearance before Civil Service Board.
Prior to imposing discipline under this section II.B.3, the City shall follow the proce-
dures set forth in sections II.B.2.a - II.B.2.c, except that:
(i) the City Manager shall preside at the hearing conducted under section
II.B.2.b. The Department Head may pamcipate, but the City Manager shall conduct the
hearing and render the decision. The decision shall specify the effective date or dates of
the discipline, including the effective date of the employee's termination, if applicable;
{ii) the employee shall have a right to appeal the City Manager's decision to
the Civil Service Board, but the City Manager's decision shall remain in effect, unless
modified or reversed by the Board;
(iii) the notice as described in section II.B.2.c shall:
(1) provide all of the information required by section II.B.2.a;
(2) notify the employee that he or she has a right to appeal the City
Manager's decision to the Civil Service Board within fourteen (14) calendar days of the
date the City Manager's decision is served upon the employee by filing a written Notice of
Appeal with the Personnel Officer. The employee's Notice of Appeal must state the
reasons for the appeal. The Civil Service Boardshall not consider an appeal that does not
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state the specific grounds for appeal and shall not consider any reason for reducing or
eliminating the discipline imposed by the City Manager not set forth in the Notice of Ap-
peal.
(3) be personally served on the employee or mailed to him or her by
certified mail at his or her last known address by the CivilService Board;
(iv) The City Manager shall prepare "the notice described in subsection (iii)
hereof and deliver said notice to the Personnel Officer for scheduling the hearing and
delivering the notice to the employee.
(v) At least 10 calendar days in advance, the Personnel Officer shall have
personally served on the employee or mail by certified mail to the employee's home ad-
dress notice of the time, date and place of the hearing before the Civil Service Board.
(vi) Prior to the hearing before the Civil Service Board, the Personnel Of-
ficer shall furnish to each member of the Board a copy of the City Manager's decision, in-
cluding copies of all documents served on the employee.
b. Hearing before the Civil Service Board.
The Civil Service Board shall conduct the hearing according to the procedures set
forth in section II.B.2.d, or according to such other procedures, consistent with this resolu-
tion, as may be adopted from time to time by the Civil Service Board. The Civil Service
Board may employ independent legal counsel (subject to budget appropriations therefor)
to advise it in the course of conducting hearings under these rules. Any contract for legal
services must be approved in accordance with City procurement rules and signed by the
.City Manager. Upon application to the Personnel Officer the Civil Service Board shall
Issue such subpenas, signed by the Mayor and attested by the City Clerk as the employee or
the employee's representative or the City Attorney request to compel the attendance of
witnesses or the production of documents at the hearing before the Civil Service Board,
provided the Personnel Officer receives the request at least 5 calendar days prior to the
scheduled hearing date. The City Attorney shall represent the decision of the City
Manager at the hearing, and shall present evidence and'argument in support of that posi-
tion. Based upon the evidence presented at the hearing, the Board may uphold, reverse or
modify the City Manager's decision and impose such discipline as the Board determines is
appropriate. It shall only reverse or modify the City Manager's decision, if the Board deter-
mines that the City Manager's decision is not supported by the evidence or is contrary to
law. If the Board reduces or reverses the discipline imposed on the employee by the City
Manager, the employee shall receive as soon as is administratively feasible that portion of
his or her compensation lost prior to the effective date of the Board's decision, if any.
The decision of the Civil Service Board shall comply with the requirements set forth
in section II.B.2.d (ii) and be final for the City.
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