CC 2014-03-25_08.d. Resolution Revised and Amended Personnel RegulationsMEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER #
SUBJECT: CONSIDERATION OF RESOLUTION APPROVING REVISED AND
AMENDED PERSONNEL REGULATIONS
DATE: MARCH 25, 2014
RECOMMENDATION:
It is recommended City Council adopt a Resolution approving revised and amended
Personnel Regulations.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact from the proposed action. There was a significant
amount of personnel time required to prepare the update, but no additional impact on
staff resources from the recommended action is anticipated.
BACKGROUND:
The Personnel Regulations set forth the City's personnel related rules, including the
classification system, compensation, equal employment opportunity, harassment,
recruitment and selection, probation, performance evaluation, changes in position,
discipline, grievances, layoffs, separation, and benefits. The Personnel Regulations
were last adopted in 1995. Therefore, an update has been a goal and in process for
the past several years.
Given the complexity of updating the Personnel Regulations, staff determined it
would be most feasible to accomplish in two phases. Phase I amendments have
been limited to those designed to clarify language, correct technical errors, and to
bring the Personnel Regulations into conformance with current Federal and State
regulations, provisions of MOU's with the City's labor groups, and City policies and
practices. Phase II will consist of identifying potential policy changes the City may
want to propose in the future, which will be pursued after other necessary
administrative policy updates are completed.
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF RESOLUTION APPROVING NEW PERSONNEL
REGULATIONS
MARCH 25, 2014
PAGE 2of3
ANALYSIS OF ISSUES:
Update of the Personnel Regulations is particularly important to ensure they comply
with current law and are consistent with existing practices. As a result, the City
Attorney's Office reviewed the entire document and drafted recommendations to
achieve legal compliance. It was then reviewed by the Department Directors, who
made recommendations. Follow-up meetings were held with the City Manager,
Human Resources Manager, Police Chief and Assistant City Attorney to address
specialized personnel policy needs impacting the Police Department. Lastly, the
draft was sent to each labor union for review, along with an invitation to meet to
address any potential questions and concerns. A meeting was held at the request of
SEIU, whose input was addressed and incorporated. If approved, a copy of the new
Personnel Regulations will be distributed to all employees. A redlined copy of the
recommended Personnel Regulations is attached, which identifies all the proposed
changes.
In drafting the changes, one challenge identified was to establish regulations
applicable to all employees given that specialized labor rights and regulations have
been established by the State with regard to public safety personnel. To
accommodate this, language has been included that applies any protections and
procedures provided by the Public Safety Officers Bill of Rights Act, the Firefighters
Procedural Bill of Rights Act, or other statutes to public safety personnel.
The proposed amendments also remove all references to specific management
benefits. Those are now established in a separate management salary and benefit
resolution, which is updated on an annual basis.
An additional substantive change impacts how part-time positions will be treated.
Currently, there are temporary part-time positions and permanent part-time positions.
Permanent part-time positions are granted sick leave benefits and many rights
applied to full-time positions, which exceed those granted to part-time positions in
many cities. These classifications have not been applied consistently, which has
resulted in application of benefits that appear to be unfair and increase costs. As a
result, it is recommended that any employees currently serving in a position that is
considered permanent part time will be "grandfathered" in and they will continue to
receive those benefits. All new employees in these classifications will simply be
identified as part-time and will all be "at will" employees with no benefits. The term
temporary part-time employee will only refer to those positions that are hired for a
defined temporary term, such as seasonal workers.
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF RESOLUTION APPROVING NEW PERSONNEL
REGULATIONS
MARCH 25, 2014
PAGE 3of3
ALTERNATIVES:
The following alternatives are presented for consideration:
• Adopt the Resolution approving the revised and amended Personnel
Regulations;
• Modify the proposed changes and approve the Resolution, but if substantive
changes are desired that potentially impact working conditions or employment
rights, it is recommended they be proposed separately in order to avoid delay of
the update by requiring the City to meet and confer with the City's labor unions;
• Do not adopt the Resolution approving the Personnel Regulations; or
• Provide staff other direction.
ADVANTAGES:
Adoption of the Resolution will provide the City with revised and amended Personnel
Regulations compliant with current law, practices, labor agreements and policies.
DISADVANTAGES:
There will be a negative impact to future employees serving in some part-time
positions, but staff believes these changes will be more fair and benefit the City.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The agenda was posted in front of City Hall on Thursday, March 20, 2014, and on the
City's website on Friday, March 21, 2014. No comments were received.
Attachments:
1. Redline Copy of Proposed Changes
Item 8.d. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AND ADOPTING
REVISED AND AMENDED PERSONNEL REGULATIONS
WHEREAS, Section 2.44.020 of the Arroyo Grande Municipal Code provides that the
City Manager is to prepare and recommend to the City Council revisions and
amendments to the City's Personnel Regulations and the City Attorney is to approve the
legality of such revisions and amendments prior to their submission to the City Council;
and
WHEREAS, Section 2.44.040 of the Arroyo _Grande Municipal Code further provides
that Personnel Regulations that are prepared by the City Manager, and as revised by
the City Council, are to be adopted by resolution of the City Council; and
WHEREAS, the City Manager has prepared proposed revisions and amendments to the
City's Personnel Regulations that are necessary to meet the requirements of law and
has recommended that they be approved by the City Council, and they have been
reviewed and approved by the City Attorney as to their legality; and
WHEREAS, in accordance with the requirements of the Meyers-Milias-Brown Act
(Government Code Section 3500 et seq.), the City has sent copies of the proposed
revisions and amendments to the recognized employee organizations, the AGPOA,
Internationals Association of Firefighters 4403 and SEIU Local 620, and to the extent
requested, has met and conferred with each organization about the proposed Personnel
Regulation revisions and amendments as required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts the revised and amended City of Arroyo Grande Personnel
Regulations, a copy of which is on file in the Administrative Services Department and
incorporated herein by this reference as though set forth in full.
On motion of Council Member , seconded by Council Member
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2014.
Item 8.d. - Page 4
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.d. - Page 5
CITY OF ARROYO GRANDE
PERSONNEL REGULATIONS
SECTION I – GENERAL PROVISIONS
A. PURPOSE
The purpose of the regulations shall be to establish a system of uniform
personnel policies and procedures to maintain and improve the quality of City
personnel practices consistent with such merit principles as:
1.Recruitment, appointments, and promotion of individuals on the basis
of their relative ability, knowledge and skills, and the needs of the City.
2.Retention of employees on the basis of the adequacy of their
performance.
3.Assurance of impartial treatment of applicants and employees in all
aspects of personnel administration, including but not limited to all
terms and conditions of employment such as compensation, hiring,
training, promotion, transfer, discipline and termination; without regard
to political affiliation, perceived or actual race, color, religion, sex
(gender), sexual orientation, marital status, national origin (including
language use restrictions), ancestry, disability (mental and physical,
including HIV and AIDS), medical condition (cancer/genetic
characteristics), age (40 and above), request for family care leave,
request for leave for an employee’s own serious health problem,
request for pregnancy disability leave, color, gender, gender identity,
gender expression, genetic information, sex, marital status, national
origin, ancestry, citizenship, age, or physical disability, medical
disability, medical condition (including pregnancy, child birth and
cancer related conditions or genetic characteristics), sexual orientation
or any basis protected by law; and with proper regard for their privacy
and constitutional rights as citizens.
4.Assurance that employees are protected against coercion for partisan
political purposes and are prohibited from using their official authority
for the purpose of interfering with or affecting the result of an election
or a nomination for office.
B. ADMINISTRATION
The City Manager shall manage the City’s personnel system and may
delegate any of the powers and duties to any other officer or employee of the
City. Duties shall include:
1.Administer all provisions of the personnel regulations not specifically
reserved to the Council, and review these provisions annually.
ATTACHMENT 1
Item 8.d. - Page 6
CITY OF ARROYO GRANDE PAGE 2
PERSONNEL REGULATIONS
2. Recommend any revisions and amendments to the rules and
regulations and the employer-employee relations resolution.
3. Prepare and maintain a job classification plan, including job
descriptions; and make periodic revisions of the plan as needed,
including development of new job classifications.
4. Provide for the administration of the recruitment and selection process
as outlined in the personnel regulations.
5. Supervise and coordinate employee training programs.
6. Conduct employee meet-and-confer sessions and related labor
relations functions.
7. Administer the compensation plan of the City.
8. Administer an affirmative action program, and promote equal
opportunity employment in all City departments.
C. APPLICATION
The provisions of these regulations shall apply to offices, positions, and
employees in the service of the City, except:
1. Elected officials.
2. City Manager and City Attorney.
3. Members of appointive boards, commissions, and committees.
4. Executive management, which includes all Departments Directors and
the City Clerk.
5. Person engaged under contract to supply expert, professional, or
technical services.
6. Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as fire, flood, or
earthquake, which threatens life and property.
7. Any positions primarily funded under a state or federal employment
program.
8. Part-time and temporary employees, including volunteers and paid part-
time employees. Part-time and temporary employees, including
volunteers of the Police Department and Fire Department, shall be
governed by the rules and regulations of their respective department,
Item 8.d. - Page 7
CITY OF ARROYO GRANDE PAGE 3
PERSONNEL REGULATIONS
including but not limited to: hiring, rules of conduct, discipline,
performance evaluation, and other administrative review so long as the
Department regulations do not conflict with adopted City regulations.
D. EXCLUSIONS
All employees excluded from the regulations, as listed in Section C –
Application, shall serve at the pleasure of their appointing authority.
E. In administering these regulations employees shall be afforded any and all
protections and procedures provided by applicable provisions of law, including
but not limited to the Public Safety Officers Procedural Bill of Rights Act
(Government Code Sections 3300 et seq.) and the Firefighters Procedural Bill
of Rights Act (Government Code Sections 3250 et seq.).
F. PROVISION FOR DEPARTMENTAL POLICIES
The personnel regulations shall not preclude the development of internal rules,
policies, and operating procedures within specific departments of the City nor
the development of personnel or administrative policies and procedures
governing the implementation of these regulations, rules, policies, and
procedures. Departmental policies may be more strict, butHowever, no
departmental regulation, rule, policy, or procedure shall be in conflict with
these Personnel Rules and Regulations.
G. SEVERABILITY
If any provision of these regulations or the application of such provision to any
person or circumstance shall be held invalid, the remainder of the rules, or the
application of such provision or circumstances other than those as to which
are held invalid, shall not be affected.
H. DEFERRAL
In cases where these regulations conflict with the Memorandum of
Understanding (MOU) with a recognized employee organization, the
provisions of the Memorandum of Understanding shall govern. In all other
cases, the regulations shall apply.
I. EQUAL EMPLOYMENT OPPORTUNITY
1. AFFIRMATIVE ACTION Equal Employment Opportunity Policy
The City is committed to providing equal employment opportunity to all
persons. All persons seeking employment with the City and City
employees shall be treated equitably and without discrimination.
Item 8.d. - Page 8
CITY OF ARROYO GRANDE PAGE 4
PERSONNEL REGULATIONS
All City recruiting, hiring, training, promoting, and transferring shall be
done without regard to perceived and actual race, religion, sex
(gender), sexual orientation, marital status, national origin (including
language use restrictions), ancestry, disability (mental and physical,
including HIV and AIDS), medical condition (cancer/genetic
characteristics), age (40 and above), request for family care leave,
request for leave for an employee’s own serious health problem,
request for pregnancy disability leave or any basis protected by
lawrace, color, religion, national origin, sex, political affiliation, age, or
physical or mental disabilities not constituting bona fide occupational
qualifications; and all personnel policies, procedures, and practices
shall be administered accordingly. Exception may be made for bona
fide occupational qualifications as permitted by law.
The City of Arroyo Grande’s EEO policy prohibits any form of unlawful
conduct and the City shall take appropriate steps to prevent
discrimination and harassment from occurring in the workplace. The
EEO policy shall apply to applicants, independent contractors,
volunteers, and employees. When such discrimination or harassment
is detected in the workplace, the City shall take appropriate, prompt,
and fair measures to eradicate the misconduct. To this end, the City
upon confirming the existence of discrimination or harassment
prohibited by this Policy, shall take disciplinary action against those
responsible up to and including termination of employment. Employees
who believe they have experienced any form of employment
discrimination are encouraged to report this immediately, using the
EEO Complaint Procedure provided in Section IH. 4 below, of these
personnel rules.
The City recognizes its responsibility to provide equal employment opportunity,
to take affirmative and direct action al all levels of City government regarding job
classifications, salaries, training, fringe benefits and other personnel policies, and to
improve employment and career opportunities for minority group persons and women
according to affirmative action principles.
The City Manager and management staff are responsible for implementation of all
equal employment opportunity and affirmative action programs adopted
by the City. Appointing authorities are required to assure that equal
employment opportunities are supported by their organizations.
Employee organizations must support and comply with adopted
programs. The City Manager or designated representative shall
maintain appropriate records and prepare reports on implementation.
Employees shall not be discriminated against because of the exercise
of their rights under the Meyers Milias Brown Act (Government Code
Sections 3500 et seq) 2 of the California Government Code or under
the City’s Employer-Employee Relations resolutions.
Item 8.d. - Page 9
CITY OF ARROYO GRANDE PAGE 5
PERSONNEL REGULATIONS
The City shall be committed to meeting the requirements of the
Americans with Disability Act (ADA). All physical and mental
qualifications shall be reviewed to ensure that requirements are job-
related and consistent with job performance. Functional requirements
will be reviewed as job openings occur, and disabled individuals will be
considered for those jobs. The City will make any and all reasonable
accommodations to the physical and mental limitations of disabled
individuals.
2. Reasonable Accommodation
The City shall comply with employment-related reasonable
accommodation requirements of the Americans with Disability Act
(ADA) and the California Fair Employment and Housing Act (FEHA).
An employee or applicant who alleges a denial of a reasonable
accommodation may file a complaint pursuant to the City’s Complaint
Procedures in these Personnel Rules.
3. Harassment Prevention Policy
The City is committed to creating a work environment free from
discriminatory harassment. This policy defines discriminatory
harassment, and sets forth a procedure for the investigation and
resolution of complaints of such harassment by or against any
employee, volunteer, or applicant or a person providing services
pursuant to a contract. This policy also applies to elected and
appointed officials.
Discriminatory harassment violates this policy, and will not be tolerated.
Discriminatory harassment of an applicant, employee, volunteer or
person providing services pursuant to a contract, is harassment based
on actual or perceived race, color, religion, sex (gender), sexual
orientation, marital status, national origin (including language use
restrictions), ancestry, disability (mental and physical, including HIV and
AIDS), medical condition (cancer/genetic characteristics), age (40 and
above), pregnancy, child birth, or any basis protected by law (protected
characteristics). It is improper to retaliate against any individual for
making a complaint of discriminatory harassment or for participating in
a harassment investigation. Retaliation constitutes a violation of this
Policy.
This policy applies to all terms and conditions of employment, including
but not limited to hiring, placement, promotion, disciplinary action,
layoff, recall, transfer, leave of absence, training opportunities and
Item 8.d. - Page 10
CITY OF ARROYO GRANDE PAGE 6
PERSONNEL REGULATIONS
compensation. Employees who violate this Policy may be subject to
disciplinary action up to and including termination.
a. Definition
Harassment can consist of virtually any form or combination of
verbal, physical, visual or environmental conduct. It need not be
explicit, nor even specifically directed at the victim. Sexually
harassing conduct can occur between people of the same or
different genders.
Harassment includes but is not limited to the following
misconduct:
Verbal:
Inappropriate or offensive remarks, slurs, jokes or innuendoes
based on actual or perceived race, color, religion, gender,
gender identity, gender expression, genetic information, marital
status, national origin, ancestry, citizenship, age, or physical
disability, medical disability, medical condition (including
pregnancy, child birth and cancer related conditions or genetic
characteristics), sexual orientation or any basis protected by law.
This may include, but is not limited to inappropriate comments
regarding a individual’s body, physical appearance, attire, sexual
prowess, marital status, pregnancy or sexual orientation,
unwelcome flirting or propositions; demands for sexual favors;
verbal abuse, threats or intimidation of a sexual nature; or sexist,
patronizing or ridiculing statements that convey derogatory
attitudes about a particular gender.
Physical:
Inappropriate or offensive touching, assault, or physical
interference with free movement when directed at an individual
on the basis of actual or perceived gender, race, religious creed,
national origin, ancestry, disability, medical condition, marital
status, age, sexual orientation or any basis protected by law.
This may include, but is not limited to, kissing, hugging, patting,
lingering or intimate touches, grabbing, massaging, pinching,
leering, staring, unnecessarily brushing against or blocking
another person, whistling or sexual gestures.
Visual or Written:
The display or circulation of offensive or derogatory visual or
written material related to race, religion, color, gender, gender
identity, gender expression, genetic information, marital status,
national origin, ancestry, citizenship, age, or physical disability,
medical disability, medical condition (including pregnancy, child
birth and cancer related conditions or genetic characteristics),
Item 8.d. - Page 11
CITY OF ARROYO GRANDE PAGE 7
PERSONNEL REGULATIONS
sexual orientation or any basis protected by law. This may
include, but is not limited to, posters, cartoons, drawings, graffiti,
reading materials, computer graphics or electronic media
transmissions.
Hostile Environment:
A work environment that is permeated with racially or sexually-
oriented talk, innuendo, insults or abuse not relevant to the
subject matter of the job. A hostile environment can arise from
an unwarranted focus on topics or statements related to
protected characteristics. An environment may be hostile if
unwelcome behavior is directed specifically at an individual
based on the person’s protected characteristics or if the
individual merely witnesses unlawful harassment in his or her
immediate surroundings. The determination of whether an
environment is hostile is based on the totality of the
circumstances, including such factors as the frequency of the
conduct, the severity of the conduct, whether the conduct is
humiliating or physically threatening, and whether the conduct
unreasonably interferes with an individual’s work.
By definition, sexual harassment is not within the scope of an
individual’s employment with the City. If an employee of the City
is found guilty of sexual harassment, they may be personally
liable for monetary damages.
b. Prohibited Supervisory or Managerial Behavior
No one employed by the City may condition any employment,
employee benefit or continued employment in the City on an
applicant’s or employee’s acquiescence to the behavior defined
above.
No one employed by the City may create a hostile or offensive
work environment for or retaliate against any applicant,
employee or person providing services to the City pursuant to a
contract, because that person has opposed a practice prohibited
by this policy or has filed a complaint, testified, assisted or
participated in any manner in any investigation, proceeding or
hearing conducted by an authorized person related to a violation
of this policy.
No one employed by the City shall assist any individual in doing
any act which constitutes harassment against any employee,
applicant or person providing services for the City pursuant to a
contract.
Item 8.d. - Page 12
CITY OF ARROYO GRANDE PAGE 8
PERSONNEL REGULATIONS
No one employed by the City shall tamper with or destroy
evidence relevant to an investigation of harassment
discrimination.
c. Behavior Prohibited by All Persons
No employee or any other person in the City shall create a
hostile or offensive work environment for any other person by
engaging in any discriminatory harassment.
No employee or any other person in the City shall assist any
individual in doing any act which constitutes discriminatory
harassment against any employee of the City.
No employee or any person in the City may retaliate against any
employee because that person has opposed a practice
prohibited by this policy or has filed a complaint, testified,
assisted, or participated in any manner in a harassment
investigation proceeding or hearing conducted by an authorized
investigator.
d. Obligations of Supervisors/Managers
A copy of the Harassment Prevention Policy shall be provided to
all employees of the City upon hire and periodically as part of
City-wide training.
The information sheet regarding sexual harassment prepared by
the Department of Fair Employment and Housing shall be made
available to all City employees at hire and upon request.
The City will periodically notify employees of the procedures for
registering a complaint as well as available redress. Such
notification shall occur through the normal channels of
communication.
Information from the Department of Fair Employment and
Housing and Equal Employment Opportunity Commission about
filing claims of harassment shall be made available upon request
from the Human Resources Office.
Any supervisor or manager who receives a complaint of alleged
discrimination or harassment must report the complaint to the
Human Resources Manager, or if the Human Resources
Manager is the alleged harasser, to the City Manager. City
employees shall receive periodic training on the policy.
e. Obligation of All Employees
Item 8.d. - Page 13
CITY OF ARROYO GRANDE PAGE 9
PERSONNEL REGULATIONS
All employees shall report any conduct believed to fit the
definition of harassment pursuant to the Procedures provided in
Section 4 below. This includes the conduct of non-employees,
such as sales representatives or service vendors or harassing
conduct toward such contractors.
In the event that the Human Resources Manager is considered
the perpetrator of the alleged harassment, employees shall
report such alleged harassing conduct to the City Manager or
his/her designee.
All employees shall cooperate in any investigation of any alleged
act of harassment conducted by the City or its agents.
4. Complaint & Investigation Procedure for Discrimination or Harassment
The following complaint procedure is available to any employee,
applicant, or person providing services to the City pursuant to a contract
who feels he/she has been the victim of employment discrimination or
harassment.
When possible, comments, gestures or actions that are perceived as
discriminatory or harassing should be immediately communicated and
discussed with the person who is perceived as engaging in harassing
conduct.
a. Filing a Complaint
Complaints and evidence of discrimination or harassment should
be immediately reported to one of the following:
1) an employee’s immediate supervisor;
2) the Department Director;
3) any manager outside the department;
4) or the Human Resources Manager or his/her designee.
Under no circumstances shall a City employee who believes that
he or she has been the victim of harassment be required to first
report that harassment to a supervisor or person in authority if
that person or person in authority is the perpetrator of the alleged
harassment. “Immediately reported” shall mean within 30 days
of the discriminatory or harassing conduct.
Any City of Arroyo Grande supervisor, manager or Department
Director who receives a discrimination/harassment complaint
shall notify the Human Resources Manager as soon as possible
after receiving the complaint. Complaints may be presented
orally, but are preferred in writing.
Item 8.d. - Page 14
CITY OF ARROYO GRANDE PAGE 10
PERSONNEL REGULATIONS
If possible, written complaints should include the following
information:
1) The name, address and telephone number of the
complainant.
2) The basis of the alleged discrimination or harassment (i.e.
race, color, religion, age, sex, etc.)
3) The specific discriminatory practice(s) or incident(s) that
have occurred.
4) The dates the incident(s) occurred.
5) Identification of any witness to the incident(s).
6) The names of any persons thought to be responsible for
the discrimination/harassment.
7) The remedy the complainant is seeking as a result of the
complaint.
8) The name, address, and telephone number of the
complainant’s representative, if any.
If complainants wish to file the complaint in person and receive
assistance, they should contact the Human Resources Manager
to schedule an appointment.
b. Investigation and Resolution
All complaints shall be forwarded to the Human Resources
Manager for review. After reviewing the
discrimination/harassment complaint, the Human Resources
Manager shall determine if an investigation is necessary to
resolve the issues of the complaint and, if so, authorize and
supervise the investigation of the complaint. The complainant
will be contacted by the investigator assigned by the Human
Resources Manager and be kept apprised of the status of the
investigation. Every effort will be made to conclude the
investigation within one-hundred and twenty (120) calendar days
of receipt of the complaint.
The investigator will not proceed with the investigation of a
complaint if the complaint contains no assertion that the alleged
acts occurred based on harassment, or one or more of the
discriminatory bases; or if a nexus cannot be established
between the alleged act(s) and harassment or discrimination
based on one of the protected categories.
If the investigation proceeds, it will be conducted in a prompt and
thorough manner and in a way which ensures, to the extent
feasible, the privacy of the involved parties.
When the investigation is completed, the investigator will
determine if there is sufficient evidence to substantiate a
violation of the City’s Harassment Prevention Policy. The
Item 8.d. - Page 15
CITY OF ARROYO GRANDE PAGE 11
PERSONNEL REGULATIONS
complainant, perpetrator/harasser, and Department Director will
be notified of the conclusions. If discipline is imposed, the
discipline will not be communicated to the complainant.
If it would present a conflict (or the appearance of such) for the
review and investigation of a complaint to be conducted under
the direction of the Human Resources Manager, then an
alternative City Department Director will be selected by the City
Manager and be responsible for this process.
Complainants who are not satisfied with the Human Resources
Manager’s determination may request a review by the City
Manager (or his/her designee, in writing, within ten (10) business
days following receipt of the Human Resources Manager’s
determination. The City Manager (or his/her representative)
shall review the complainant’s written appeal and the
investigative findings, and shall render a decision within thirty
(30) business days following the review.
c. Human Resources Manager Responsibility
The Human Resources Manager is responsible for administering
the complaint procedure and coordinating the investigation
process., and in consultation with the Department Director and
City Manager, recommending disciplinary action as may be
appropriate.
d. Confidentiality
(1) To the extent feasible and practical, proceedings under this policy and
all reports and records filed shall be confidential to the parties involved; and efforts
shall be made to protect the privacy interests of the parties and anonymity of
reporting when possible. The City will share information regarding an investigation of
alleged harassment on a need-to-know basis only. AFFIRMATIVE ACTION
COMPLAINT PROCEDURE
Any employee who feels he/she has been the victim of employment discrimination
shall contact either his/her supervisor, department director, City Manager, or the
designated representative immediately. The initial report may be oral or written;
however, a written and signed statement of the complaint must be submitted by the
complainant within five (5) working days of the initial report for investigation
purposes. The written statement must cite the specific incident(s) and may include
the desired resolution.
Upon receipt of the written complaint, an investigation of the charges will be
conducted, including contacting the person(s) who allegedly engaged in the
employment discrimination, informing him/her of the basis of the complaint and
providing an opportunity to respond. The City Manager or the designated
Item 8.d. - Page 16
CITY OF ARROYO GRANDE PAGE 12
PERSONNEL REGULATIONS
representative will report in writing to the complainant within ten (10) working days of
the progress and future course of the investigation. Updates will be provided monthly
thereafter.
SECTION I – GENERAL PROVISIONS (continued)
If it is determined that employment discrimination has occurred,
disciplinary action will be taken in accordance with the procedures set
forth in this document. No retaliatory action shall be taken by either
party involved in a complaint.
SECTION II – DEFINITIONS
The terms used in this manual shall have the meaning indicated as follows, unless
the context indicates otherwise:
A. ACTING APPOINTMENT / INTERIM
An acting appointment / interim is one in which a probationary or permanent
City employee is appointed to an available vacant position of a higher level
than currently held by the employee for a temporary period of time. Such
appointment may also include the use of a person under a specific contract
with the City to provide the necessary services.
B. ADVANCEMENT
A salary increase within the limits of a pay range established for a class.
C. ALLOCATION
Item 8.d. - Page 17
CITY OF ARROYO GRANDE PAGE 13
PERSONNEL REGULATIONS
The assignment of a position to its proper job classification in accordance with
its duties and levels of responsibility.
D. ANNIVERSARY DATE
The date recurring yearly upon an employee’s date of hire for initial City
service without changing the date or anniversary of an employee’s initial City
service appointment. An employee’s promotion date will become their
anniversary date for the purposes of performance evaluations and step
increasesFor the purposes of salary administration and related personnel
actions, such as promotions, an employee will retain his/her date of hire as the
anniversary date unless otherwise dictated by a current Memorandum of
Understanding (MOU).
E. APPOINTING AUTHORITY
Shall be the City Manager or the designated representative.
F. CLASS
All positions sufficiently similar in duties, authority, and responsibility to permit
grouping under a common title and the application with equity of common
standards of selection, transfer, promotion, and salary.
G. CLASSIFICATION PLAN
The arrangement of positions in classes, together with the title and
specification for describing each class.
H. COMPENSATION
Direct or indirect salary, wages, fees, allowances, and other monies paid to or
on behalf of an employee for services.
I. COMPETITIVE SERVICE
The service shall be comprised of all positions, with the exception of the City
Manager, City Attorney, City Clerk, City Treasurer, Department Directors,
elected officials, members of appointive boards, commissions, committees,
confidential employees, volunteer personnel, and temporary personnel
whether employed directly by the City or retained under contract for services.
J. DEMOTION
Item 8.d. - Page 18
CITY OF ARROYO GRANDE PAGE 14
PERSONNEL REGULATIONS
The movement of an employee from one class to another class having a lower
maximum rate of pay.
K. DISCIPLINARY ACTION
Any action taken against an employee that results in termination, involuntary
demotion, suspension, reduction in pay, oral reprimand, or written reprimand.
L. EMPLOYMENT DATE
The date on which the employee began employment with the City.
M. ELIGIBILITYMPLOYMENT LIST
A list of names of person who may be considered for employment with the City
under specified conditions.
N. EXAMINATION
Examination shall include all selection procedures used to make employment
decisions, including job requirements (physical, education, experience) and
evaluation of applicants or candidates on the basis of one or more of the
following: application forms; interview; performance tests; paper and pencil
tests; fingerprinting; background examinations; performance and training
programs or probationary periods, and any other procedures used to make an
employment decision.
O. FULL-TIME EMPLOYEE
An employee who works 40 hours per week or as otherwise provided for
public safety full-time employees in accordance with the Fair Labor Standards
Acton a full-time basis on a daily, weekly, monthly, or annual basis, as defined
by departmental working schedules.
P. IMMEDIATE FAMILY
Employee’s spouse, domestic partner, parent, child, sister, brother,
grandparent or grandchild, aunt, uncle, and the corresponding relative by
marriage.
Q. LAYOFF
The separation of an employee from the Competitive Service, which has been
made necessary by lack of work, insufficient appropriations of monies, or other
reasons not related to fault, delinquency or misconduct on the part of the
employee.
Item 8.d. - Page 19
CITY OF ARROYO GRANDE PAGE 15
PERSONNEL REGULATIONS
R. LEAVE OF ABSENCE
Permission to be absent from duty for a specified purpose, with the right to
return before or upon the expiration of the leave period.
S. MEMORANDUM OF UNDERSTANDING
Written agreement on matters within the scope of representation as defined by
the Meyers-Milas-Brown Act, as amended.
T. OVERFILL POSITION / EMPLOYEE
A full-time, limited term, position created when a full-time, budgeted,
permanent position is vacant for an extended period of time, due to employee
injury, illness, or other unforeseen circumstances. The full-time, budgeted
position may be temporarily filled with an Overfill Employee. An Overfill
Employee receives all benefits of the full-time position; however, employment
with the City is terminated upon the return of the permanent employee.
U. PART-TIME EMPLOYEE
An employee who works less than full time on a daily, weekly, monthly, or
annual basis.
a. Permanent Part-time Employee – Employees designated as permanent
part-time employees prior to April 1, 2014 shall continue to be deemed
to have property rights related to their employment and receive vacation
and sick leave benefits. A part-time employee whose position is
specified in the City Budget and is intended to be in place for more than
one (1) fiscal year.
b. All other part-time employees shall be deemed to be at will employees.
related to their continued employmentTemporary Part-time Employee –
A part-time employee with a term of appointment of less than one (1)
fiscal year, and for thirty-nine (39) hours or less a pay period.
V. PEACE OFFICER
An employee who is assigned to the Police Department and who exercises
Police Officer powers as defined in either Section 830.1 of the California Penal
Code or an employee who is assigned to the Fire AuthorityDepartment and
exercises Peace Officer powers pursuant to Section 830.31(a) of the California
Penal Code and Section 13103 of the California Health and Safety Code.
Item 8.d. - Page 20
CITY OF ARROYO GRANDE PAGE 16
PERSONNEL REGULATIONS
W. PERMANENT EMPLOYEE
A full-time employee who has completed the prescribed probationary period
for his/her classification.
X. PERSONNEL OFFICER
The City Manager or designated representative.
Y. POSITION
A group of duties and responsibilities in the Competitive Service requiring the
permanent or part-time employment of one person.
Z. PROBATIONARY EMPLOYEE/PROBATIONER
An employee whose permanent status under an original or promotional
appointment is contingent upon successfully completion of a prescribed period
of observation to determine fitness for the work being performed.
AA. PROBATIONARY PERIOD
A working test period during which an employee is required to demonstrate
his/her fitness for the position to which he/she is appointed by actual
performance of the duties of the position.
BB. PROMOTION
The movement of an employee from one class to another class having a
higher maximum rate of pay.
CC. PROVISIONAL APPOINTMENT
In the absence of there being names of individuals willing to accept
appointment from appropriate employment lists, a provisional appointment
may be made by the appointing authority upon approval of the City Manager.
DD. RECLASSIFICATION
A change in allocation of an individual position by raising it to a higher class,
reducing it to a lower class, or moving it to another class at the same level on
the basis of substantial changes in the kind, difficulty, and/or responsibility of
duties performed in such positions.
EE. REINSTATEMENT
Item 8.d. - Page 21
CITY OF ARROYO GRANDE PAGE 17
PERSONNEL REGULATIONS
The reinstatement without examination of a former permanent employee or
probationary employee.
FF. RESIGNATION
A voluntary termination of employment by the employee.
GG. RETIREMENT
The termination of employment at an age when the person terminating
employment would qualify for an allowance under the Public Employment
Retirement System program and the City’s regulations.
HH. SEPARATION
Any termination of employment.
II. SUSPENSION
The temporary separation from the Competitive Service of an employee
without pay, for disciplinary purposes.
JJ. TEMPORARY EMPLOYEE
An employee appointed either full-time or part-time for a limitedindefinite
period of time that receives no fringe benefits.
KK. TRANSFER
A change of an employee from one position to another position in the same
class or in a comparable class.
LL. VACANCY
Any unfilled position in the Competitive Service.
MM. WORK WEEK
The work week shall normally consist of five (5) days with eight (8) hours per
day for a maximum of 40 hours per week. The work week begins at 12:00
a.m. on Friday and ends at 12:00 a.m. the following Friday. Public safety
personnel may be assigned to alternative work schedules as permitted by the
Fair Labor Standards Act (FLSA). Such alternative work schedules shall be
established through the “meet and confer” process.
Item 8.d. - Page 22
CITY OF ARROYO GRANDE PAGE 18
PERSONNEL REGULATIONS
NN. Y-RATE
In cases of changes in pay structure or demotion, some employees may be
receiving rates of pay higher than the maximum of the assigned pay grades.
Pay policies may state that the employees should receive no further increases
until their rates of pay are within the adopted pay structure. Employees
receiving these above-maximum rates of pay are called y-rated employees, or
their rates of pay are y-rated.
SECTION III – CLASSIFICATION AND COMPENSATION
A. CLASSIFICATION
1. Position Classification
Item 8.d. - Page 23
CITY OF ARROYO GRANDE PAGE 19
PERSONNEL REGULATIONS
Position Classification shall provide an accurate class specification/job
description of job duties, characteristics, and requirements of positions
for those governed by these regulations. Additionally, the classification
shall ensure that every position is allocated to the appropriate
classification and that a complete and continuous inventory of all
classifications is kept.
2. Preparation and Content of Class Specifications
The City Manager/designee is responsible for preparing and
maintaining class specifications for classified positions. The
specifications include, but are not limited to, a list of typical duties, a
summary of characteristics that distinguish it from, and place it in
relation to, other classifications, and a statement of qualifications
required to perform job duties.
3. Interpretation of Class Specifications
All class specifications describe typical duties that employees
occupying positions in the class may properly be required to perform.
Class specifications are explanatory but not restrictive. The listing of
particular tasks does not preclude the assignment of other tasks of
related kind or character or requiring different skills.
4. Adoption, Amendment, and Revision of Plan
The classification plan shall be adopted by the City Council and may be
amended from time to time by the City Manager. The City Manager
shall inform the City Council of all changes to the Rules. During the
process of consideration, any recognized employee organization
affected shall be advised. Amendments and revisions of the plan may
be suggested by any interested party, including any recognized
employee organization, and shall be submitted to the City
Manager/designee.
5. Allocation of Positions
Following the adoption of the classification plan and consultation with
any recognized employee organization affected, the City
Manager/designee shall allocate every position to one of the classes
established by the plan.
6. Reclassification
Positions, the assigned duties to which have been materially changed
by the City so as to necessitate reclassification, whether new or already
created, shall be allocated by the City Manager/designee as a new or
more appropriate class. Reclassification shall not be used for the
Item 8.d. - Page 24
CITY OF ARROYO GRANDE PAGE 20
PERSONNEL REGULATIONS
purpose of avoiding restrictions concerning demotions and promotions,
nor to effect a change in salary in the absence of a significant change in
assigned duties and responsibilities.
Reclassification may be initiated by an employee for his/her own
position, by the City Manager, or by a Supervisor or Department
Director. Requests for reclassifications shall be made as part of the
Annual Budget Process.
The procedure for a reclassification initiated by an employee shall be as
follows:
a. An employee may submit a written request for a classification
review to his/her supervisor. The request shall provide written
justification and a proposed job description to support the
request. The supervisor and Department Director shall each
independently review the request, determine its appropriateness;
prepare recommendation for action; and forward to the City
Manager/designee, who will acknowledge receipt of the request
in writing to the employee and will consider the matter as
specified in the preceding paragraph.
b. The City Manager/designee may review requests for
reclassification at any time but may/will defer recommendation (if
any) to implement, and/or actual implementation if recommended
to and approved by the City Manager, until annual budget
matters are addressed or finalized.
B. COMPENSATION
1. Definition
Compensation is the established wage reimbursement and benefits
paid/provided for services rendered in the City service on an hourly or
monthly basis. The City’s compensation policy is to structure wage
rates, benefits, and salary administration systems that are competitive,
equitable, and adequate.
2. Preparation of Compensation Plan
The City Council may periodically modify the City’s compensation plan.
The compensation plan includes, for each class, a minimum and
maximum salary rate and such intermediate rates as are considered
necessary, as well as supplemental, retirement, insurance, and related
fringe benefit provisions and additional authorized pay. Flat rates may
be used instead of salary ranges where appropriate.
Item 8.d. - Page 25
CITY OF ARROYO GRANDE PAGE 21
PERSONNEL REGULATIONS
The rate or pay range assigned to each class shall reflect the
differences in the duties and responsibilities among classes, the City’s
policies and financial condition, usual problems of recruitment and turn-
over, competitive posture within the appropriate market(s), and any
other factors deemed relevant.
3. Administration of Plan
a. Rates of Pay
Each employee is paid a rate of pay within the salary range
established for the class in which employed except in cases of
reclassification or demotion to a lower salary range when a Y-
rate may be used.
b. Entrance Salary
An employee normally shall be appointed at the minimum rate
for the class, except when the appointing authority believes it is
necessary to make an appointment, reinstatement, or rehire
above the minimum rate. Authorization for appointment above
the entrance rate must be obtained in advance from the City
Manager.
c. Salary Adjustments
Employees may receive or be denied salary adjustments within
the salary range applicable to their class. The purpose of the
salary adjustment is to recognize individual employee
performance.
1) Merit Increases / Full-Time Employees
Full-time employees are eligible, based upon merit at a
satisfactory level or higher, as evaluated on the annual
performance evaluation, for a compensation advancement
to the next step upon becoming a regular employee or
after the completion of a minimum of six (6) months of
service in the new position. Eligibility for subsequent step
advancement may occur based upon satisfactory or
higher performance annually thereafter until reaching the
top step. This period may be modified in conjunction with
performance appraisal recommendations. Merit increases
are not automatic and are to be based upon performance
and are awarded at the discretion of the Department
Director.
Item 8.d. - Page 26
CITY OF ARROYO GRANDE PAGE 22
PERSONNEL REGULATIONS
An employee reaching the top step (level “E”) is required
to sustain performance at a level of satisfactory or greater
to remain at the top step. Failure to perform at that level
may result in placement at Step “D” until performance
improves.
2) Merit Increases – Exceptional Performance
An employee may be eligible for step advancement
sooner than the normal progression if the employee’s
performance has been exceptional. This recommendation
shall be made by the Department Director and approved
by the City Manager.
3) Denial of Step Increases
A step increase may be denied if a written performance
evaluation indicates less than satisfactory performance.
At the time of step denial, the evaluator shall prepare a
specific written program of development designed to
address the areas of less than satisfactory performance.
Performance shall be re-evaluated quarterly or more
frequently until an acceptable, satisfactory level of
performance is achieved or the employee is otherwise
disciplined or terminated. The duration of the
development program may be as determined by the
evaluator, appointing authority, and City Manager, but will
not normally be less than three (3) months. If the
employee’s performance reaches an acceptable level,
his/her step increase may then be granted, as approved
by the Department Director.
4) Downward Pay Adjustment
An employee’s pay may be reduced to a lower step or
range as a disciplinary action or based upon a change in
pay ranges as needed for the overall interest of the City.
For represented employee’s, such reductions shall be
governed by procedures established in current
Memorandum of Understanding (MOU) of the respective
employee organization(s). Reductions of pay or
downward pay adjustments may also occur in cases of
demotion.
d. Movement to a Higher Classification
Item 8.d. - Page 27
CITY OF ARROYO GRANDE PAGE 23
PERSONNEL REGULATIONS
Movement to a class having a higher salary range shall normally
require assignment to the entrance step of the higher range. If
the entrance step is lower than the employee’s current salary, or
the employee possesses unusually high qualifications and was
previously granted an advanced step appointment, the employee
may be paid at an intermediate or advanced rate within the
range.
e. Movement to a Lower Classification
When an employee moves to a class having a lower salary
range, the following shall hold:
1) Appointment
Placement in the step of the lower range nearest the
employee’s current rate of pay.
2) Reclassification
Retain current rate of pay (if higher than the top step of
the new class) until such time that the assigned class has
a salary rate that is equal to or higher than the Y-rate; if
the current rate is less than the assigned class salary rate
maximum, the appointment rule shall be followed; or in
accordance with the current Memorandum of
Understanding (MOU) of the respective employee
organization(s).
3) Demotion
Placement at any step in the assigned salary range is
permissible; or in accordance with the current
Memorandum of Understanding (MOU) of the respective
employee organization(s). The City Manager is
authorized to assign pay steps to demoted employees.
4) Anniversary Date
Employee demoted, appointed, or reclassified to a lower
position shall have no change made in their anniversary
date; or in accordance with the current Memorandum of
Understanding (MOU) of the respective employee
organization(s).
f. Transfer
Item 8.d. - Page 28
CITY OF ARROYO GRANDE PAGE 24
PERSONNEL REGULATIONS
When an employee is transferred from one position to another,
the employee’s pay and anniversary date shall remain
unchanged; or in accordance with the current Memorandum of
Understanding (MOU) of the respective employee
organization(s).
g. Acting Pay
When an employee is appointed to an acting position (working
out of classification), he/she will receive acting pay within the
range of the higher classification after five (5) consecutive
working days of assignment.
h. Retroactive Pay
No retroactive pay is provided to employees unless specifically
authorized by the City Manager or City Council.
i. Provisional Employees
Provisional employees shall be paid salary pursuant to their
assigned position’s classification as outlined in the
Compensation Plan and may receive benefits as determined by
the City Manager.
4. Salary Range Adjustments
Salary range adjustments are distinguished from merit salary increases,
as they do not give recognition to length and quality of service. The
review shall be conducted on an annual basis, and adjustments may be
awarded by the Council based upon the financial condition of the City or
other criterion considered appropriate by the City Council.
Compensation Plan and/or salary range adjustments are effective on
the date specified by the City Council.
5. Partial Pay-Period Pay
Pay for employees working less than a complete schedule in a pay
period shall be compensated by multiplying the number of compensable
hours recorded during the pay period by the employee’s hourly pay
rate.
6. Overtime
a. Authorization
Item 8.d. - Page 29
CITY OF ARROYO GRANDE PAGE 25
PERSONNEL REGULATIONS
All overtime must be authorized by the appropriate Supervisor
and recorded on the employee’s payroll record.
b. Eligibility for Overtime Compensation
The City Manager shall determine which classifications are
considered eligible for overtime compensation within the
parameters of applicable federal, state, current Memorandum of
Understanding (MOU) of the respective employee
organization(s), and City policy.
c. Overtime Compensation
Overtime shall be compensated in accordance with current
Memorandum of Understanding (MOU) of the respective
employee organization(s).
Overtime shall not apply to those employees exempt under the
Fair Labor Standards Act (FLSA). The City Manager shall
determine the categories of exemption pursuant to FLSA.
d. Use of Compensatory Time Off
Compensatory time off may be accrued in accordance with
current Memorandum of Understanding (MOU) of the respective
employee organization(s) and Fair Labor Standards Act (FLSA).
Pursuant to the requirements of the FLSA, the following criteria
must be followed:
1) Compensatory time off must be provided at a premium
rate equal to at least one and one-half hours for each hour
of overtime compensation earned under the overtime
provisions of Section 7 of the FLSA.
2) Compensatory time off must be provided in accordance
with a collective bargaining agreement or some other
agreement or understanding with employees.
3) Section 7 (o) of the FLSA limits the number of the comp-
time hours that may be accumulated in an employee’s
comp-time “band” at any particular time. The limits are
480 hours for public safety, emergency response, and
seasonal employees, and 240 hours for all other state and
local employees.
34) The employee has the right to request the use of
accumulated comp-time. Use of compensatory time-off
earned shall be granted provided that: 1) its use does not
Item 8.d. - Page 30
CITY OF ARROYO GRANDE PAGE 26
PERSONNEL REGULATIONS
unduly disrupt the operation of the City; and 2) the request
is made to the employee’s department not later than five
days prior to the time when the employee desires to use
the leave. The City must allow for the use of the comp-
time within a reasonable period following the employee’s
request to take time off unless the operation of the
government would be unduly disrupted by the employee’s
absence from work. If the employee does not provide five
days of notice, or the City can document that the use of
compensatory time-off would unduly disrupt City
operations, the City will cash out the compensatory time-
off requested at the end of the current pay period in the
regular pay check.
45) An employee shall receive cash at the employee’s
terminal salary rate for unused accumulated comp-time
when employment is terminated.
e. Special Compensation Provisions
Standby, on-call pay provisions are addressed in the appropriate
current Memorandum of Understanding (MOU) of the respective
employee organization(s) and/or Salary Resolution.
Item 8.d. - Page 31
CITY OF ARROYO GRANDE PAGE 27
PERSONNEL REGULATIONS
SECTION IV – RECRUITMENT AND SELECTION PROCESS
A. EXAMINATIONS
1. Employment Testing
a. Nature and Types of Examination
Examinations will be designed to test factors related to the
requirements of a specific position within a class specification.
The selection techniques used in the examination process shall
be impartial and related to those subjects that, in the opinion of
the City, fairly measure the relative capacities of the persons
examined to execute the duties and responsibilities of the
class/position to which they seek to be appointed. Examinations
may consist of a variety of testing/selection techniques.
The probationary period shall be considered a part of the
examination process.
b. Promotional Examinations
Promotional examinations may be conducted whenever, in the
opinion of the City Manager or designated representative or
appointing authority, the needs of the City require. Promotional
examinations may include any appropriate selection technique(s)
as discussed in these rules.
c. Continuous Examination
Open competitive examinations may be administered
periodically for a single class as the needs of the City require.
Names may be placed on eligibilityemployment lists, and shall
remain on such lists, as prescribed herein.
d. Conduct of Examination
The City may contract, at its discretion, with any competent
agency or individual for the preparation of administration of
examinations. In the absence of such a contract, the City
Manager or designated representative shall see that such duties
are performed.
e. Scoring Examinations and Qualifying Scores
Item 8.d. - Page 32
CITY OF ARROYO GRANDE PAGE 28
PERSONNEL REGULATIONS
An applicant’s score in a given recruitment shall be the average
of his/her scores on each part of the examination, weighted in a
manner consistent with the requirements of the position and
class specification as set forth in the Administrative Policy
Manual.
The City Manager or designated representative or appointing
authority may, at his/her discretion, include, as a part of the
examination, tests that are qualifying only.
f. Notification and Review of Examination Results
Each applicant shall be given written notice of the success or
failure of his/her examination effort.
Any applicant may inspect his/her own written examination
papers within ten (10) working days after the notice or
examination results are mailed. Oral interview rating sheets, test
booklets, and related examination materials are not open to
candidate inspection. Any error in computation, if called to the
attention of the City Manager or designated representative or
appointing authority within this period, shall be corrected. Such
corrections shall not, however, invalidate or delay recruitment
selection or appointment in process or previously made.
Note:
This section is not applicable to written examinations given to
peace officer candidates when such examinations are obtained
through State Cooperative Personnel Services or the
Commission on Peace Officer Standards and Training (POST).
g. Other Testing
Post offer medical evaluationsFingerprinting, pre-employment
substance and drug and alcohol testing, and other testing shall
be completed if they are required in accordance with these
Regulations will be done as deemed appropriate.
2. Background
Candidates testing for police department positions are subject to all
California Peace Officer Standards and Training (POST) requirements
and guidelinesCandidates testing for police department positions are
subject to an extensive background investigation. The background
investigation may involve a polygraph evaluation. Candidates will also
be required to pass a psychological examination and complete medical
examination. Peace officer candidates will be required to successfully
complete a physical agility evaluation. Reserve Police Officer
Item 8.d. - Page 33
CITY OF ARROYO GRANDE PAGE 29
PERSONNEL REGULATIONS
candidates and part-time dispatcher candidates will also be required to
complete the same background investigation and testing procedures as
full-time candidates.
Other positions within the City may also require the applicant to pass an
extensive background investigation. Whether or not background
investigation will be conducted is at the discretion of the City Manager,
and subject to the requirements of state and federal law.
All background investigations shall comply with all requirements of the
Federal Fair Credit Reporting Act, as applicable, California Labor Code
Section 1024.5 (which limits the categories of jobs or which an
employer may request consumer reports) and the notice requirements
contained in California Civil Code Section 1785.20.05. Candidates must
execute an authorization and release form as part of their application.
3. Medical
Offers of employment are contingent upon the results of a uniformly
applied job related pre-employment medical evaluation, consistent with
business necessity. Offers of employment for some positions may also
be contingent upon the results of a psychological examination. Such
examinations shall be consistent with the requirements of Government
Code Section 12940 and California POST requirements and guidelines.
The request and receipt of medical information shall be limited to
functional limitations only. The job-offer may be withdrawn if it is
determined that:
a. There is no reasonable accommodation that would enable the
candidate to perform the essential functions of the job;
b. Any accommodation for the candidate imposes an undue
hardship on the City; or
The employee would pose a direct threat to his or her own health or
safety or the health and safety of others. The results of medical
examinations shall not be used as a basis for selection of the
employee. Medical exams shall be permitted for positions
authorized under the Americans with Disabilities Act (ADA).
Medical examinations may be required under the following
circumstances:
a) In order to meet state and federal safety standards for the
performance of job duties.
b) Whenever it is determined by the City Manager that reasonable
cause exists to believe that work impairment or medical condition
(s) may exist that may affect the candidate’s ability to perform
the essential job duties.
Item 8.d. - Page 34
CITY OF ARROYO GRANDE PAGE 30
PERSONNEL REGULATIONS
a.c.
All medical examinations will be performed by a licensed
physician approved by the City Manager. All reports,
examination results, or other information belong to the City, but
shall be retained by the examining physician. Any such
information shall be treated as confidential insofar as public law
and these rules and regulations require.
Psychological testing is required for designated Police
Department positions. Additionally, psychological testing may be
required for other positions.
Before disqualifying an applicant on the basis of a medical exam or
inquiry, the applicant is entitled to submit an independent medical
opinion to the City before a final decision is made. Further, pursuant to
state and federal law, the City must determine through an interactive
process with the applicant whether the disabled candidate can perform
the essential functions of the job with or without reasonable
accommodation.
The City will pay the cost of any medical examinations required under
this Section.
4. Eligibility List
a. Preparation and Availability
The City Manager shall prepare an eligibilitymployment list
consisting of the names of applicants who qualified in the
examination, with the final scores determining those candidates
who are “Qualified” and “Non-Qualified”. Only those “Qualified”
shall be maintained on the Eligibility List. Once interviewed by
the appointing authority and determined to be unacceptable for
the position, the applicant may be removed from the eligibility
list.
b. Duration of List
Eligibility lists, other than those resulting from a continuous
examination, shall remain in effect for six (6) months, unless
sooner exhausted or abolished by the City Manager or
designated representative. Such lists may be extended, by
action of the City Manager or designated representative. Such
lists may be extended by action of the City Manager or
designated representative, for additional periods; but in no event
shall an Employment List remain in effect for more than eighteen
Item 8.d. - Page 35
CITY OF ARROYO GRANDE PAGE 31
PERSONNEL REGULATIONS
(18) months. A Department Director may request the
decertification of an Eligibility List when it contains less than
three (3) names; or in accordance with current Memorandum of
Understanding (MOU) of the respective employee
organization(s).
c. Reinstatement List
The names of probationary and regular employees who have
been laid off shall be placed on a reinstatement list in
accordance with Section IX-D of the personnel regulations for a
period one (1) year. This list will be considered first for the filling
of any vacancy; or in accordance with current Memorandum of
Understanding (MOU) of the respective employee
organization(s).
d. Removal of Names from List
The names of any person appearing on any eligibility list may be
removed by the City Manager or designated representative if:
1) the eligible person requests removal;
2) the applicant fails to respond to the notice of examination
results mailed to the last known address within the time
limit specified; or
3) for any of the reason specified under these regulations.
The person affected shall be notified of the removal of his/her
name by notice mailed to his/her last known address. The
names of persons on promotional employment lists who resigned
from service shall automatically be removed from such lists.
5. Method of Filling Vacancies
a. Types of Appointment
Vacancies may be filled by transfer, promotion, demotion,
reinstatement, rehire, or from eligibles certified by the City
Manager or designated representative or appointing authority,
from an appropriate list, when available. In the absence of
persons eligible for appointment, provisional or acting/interim
appointments may be made.
b. Notice of City Manager
Whenever a vacancy is to be filled, the appointing authority shall
so notify the City Manager and request authorization to proceed.
c. Certificate of Eligibles
Item 8.d. - Page 36
CITY OF ARROYO GRANDE PAGE 32
PERSONNEL REGULATIONS
If there is no eligibility or reinstatement lists available for the
class, the appointing authority may recommend to the City
Manager to fill the vacancy by another method.
d. Regular Appointment
After interview and background investigation, the appointing
authority makes the appointment(s) from among those certified.
The appointed candidate shall present himself/herself to the City
Manager for processing on or before the date of appointment. If
applicable, the applicant must successfully pass a medical
examination (including a pre-employment drug and alcohol
screening if a determination has been made that such testing is
necessary due to the special needs and specific nature of the
position), present documentation of the right to work in the
United States, and provide proof of a valid California
Department of Motor Vehicles driver’s license (when required in
the job specification). Once these requirements, and
confirmation of all other specialized requirements for a particular
position, are satisfied, and the candidate is present for duty
within such period of time as the appointing authority shall
prescribe, he/she shall be deemed to be appointed; otherwise,
he/she shall be deemed to have declined the appointment.
e. Provisional Appointment
In the absence of there being names of individuals willing to
accept appointment from appropriate employment lists, a
provisional appointment may be made by the appointing
authority upon approval of the City Manager.
A provisional employee may be removed at any time without the
right of appeal or hearing. A provisional appointee may receive
similar fringe/compensation benefits as a probationary employee
if approved by the City Manager. If a provisional appointee is
selected for a full-time position with the City, the time served as a
provisional appointee may be counted toward fulfillment of the
required probationary period.
No special credit shall be allowed in meeting any qualifications or
in the giving of any test or the establishment of any employment
list(s) for service under a provisional appointment.
f. Acting/Interim Appointments
Acting/Interim appointments can be made under the same
conditions as provisional appointments. Upon removal, the
Item 8.d. - Page 37
CITY OF ARROYO GRANDE PAGE 33
PERSONNEL REGULATIONS
individual returns to his/her regular position and pay. Further an
acting/interim appointee shall continue to receiveaccrue benefits
as though still in his/her regular position.
SECTION V – PROBATIONARY PERIOD
The probationary period shall be regarded as a part of the testing process and shall
be used for closely observing the employee’s work and for securing the most
effective adjustment of a candidate to his/her position. Initial and promotional
appointments shall be tentative and subject to a probationary period of not less than
six (6) months actual service for Non-Police Department personnel and twelve (12)
months for Police Department personnel.
Item 8.d. - Page 38
CITY OF ARROYO GRANDE PAGE 34
PERSONNEL REGULATIONS
Probation shall commence from the date of hire or promotion. In the event of work-
related illness or injury requiring extended absence from work (more than five days),
the number of days absent may be added to the length of the probationary period.
The probationary period may be extended in individual cases. The appointing
authority may extend probation up to six (6) additional months. In such cases, the
probationer will be informed in writing of the extension.
A performance evaluation is required upon completion of the probationary period
prior to advancement to regular status. The appointing authority may conduct
evaluations more frequently to address any performance issues during the
probationary period.
A. REGULAR APPOINTMENT FOLLOWING PROBATIONARY PERIOD
The Department Director shall file a completed performance evaluation and a
request for personnel action to advance the probationary employee to
permanent status. If an unsatisfactory performance statement is filed,
employment may be immediately terminated.
B. RELEASE OF PROBATION
During the probationary period, a probationer may be rejected at any time and
without the right of appeal. Notification of rejection, in writing, shall be served
by the appointing authority or City Manager.
C. RELEASE FOLLOWING APPOINTMENT TO ANOTHER CITY POSITION
Any probationer released during the probationary period, who previously held
a regular position in regular non-probationary status and has been
continuously employed since holding said position and status, may be
reinstated to the previous position or a comparable one from which he/she
came, unless there is no available position for the employee or unless charges
are filed and the employee is discharged in the manner provided in these
rules.
SECTION VI – PERFORMANCE EVALUATION
A Performance Evaluation System is essential to measure and record an employee’s
performance in his/her assigned duties in relation to (1) the City’s mission, goals, and
objectives; and (2) other performance criteria as prescribed for the employee’s
assigned position. In addition, the program is intended to assist in facilitating the
professional development of the employee.
Item 8.d. - Page 39
CITY OF ARROYO GRANDE PAGE 35
PERSONNEL REGULATIONS
A. PURPOSE
The purpose of the Performance Evaluation Program is as follows:
1. Maintain and improve performance.
2. Provide an objective and fair means for measurement and recognition
of individual performance.
3. Provide feedback regarding performance to the employee.
4. Provide a medium for personnel and career counseling.
5. Foster fair and impartial personnel decisions.
6. Facilitate proper decisions regarding probationary employees.
7. Identify training needs.
B. PROCEDURE
1. Performance evaluations will normally be completed by the employee’s
assigned supervisor.
a. It is incumbent upon the rating supervisor to discuss the
employee’s performance with each supervisor that the employee
may have worked under during the rating period. He/she should
incorporate that input into the present performance evaluation.
b. Should the employee’s assigned supervisor be absent from duty
for an extended period of time when the Performance Evaluation
Report is due, another supervisor who has knowledge of the
employee’s performance during the rating period may be
assigned to conduct the performance evaluation review.
2. Performance evaluations shall be based only on the employee’s
performance during the designated rating period.
3. Criteria used for a performance evaluation are to be specific to the
position(s) held by the employee during the rating period.
4. Information from performance evaluation reports may be used as
follows:
a. To determine the effectiveness of an employee in an assigned
position.
Item 8.d. - Page 40
CITY OF ARROYO GRANDE PAGE 36
PERSONNEL REGULATIONS
b. To assist in evaluating an employee’s suitability for a new
assignment, to assume increased responsibilities, and/or for
promotion.
c. To assist in establishing mitigating or aggravating criteria related
to disciplinary issues.
d. To identify substandard performance requiring alternative
performance improvement measures.
e. To assist in evaluating the effectiveness of Department
operations, policies, and/or procedures.
f. To aid in conducting training needs assessments.
5. Frequency of Evaluations
a. Probationary Employees
Employees on probation will have performance appraisals
completed every four monthsbimonthly. The final evaluation
report will summarize the entire probationary period and will
include a recommendation as to granting permanent status.
b. Permanent Employees
1) Employees who have completed probation will be
evaluated yearly on their anniversary date or their
promotion date.
2) Employees off probation, who are placed on a
“Performance Improvement Plan”, will be evaluated
pursuant to the criteria established for the Performance
Improvement Plan.
6. Notification of Evaluations
a. It is the responsibility of the City Manager’s Office to notify
Department Directors regarding the due dates for employee
evaluations.
7. Department Responsibilities
Each City department will establish a procedure to ensure performance
evaluations are conducted for employees assigned to that department.
8. Evaluation of Department Directors
Item 8.d. - Page 41
CITY OF ARROYO GRANDE PAGE 37
PERSONNEL REGULATIONS
The City Manager is responsible for the annual evaluation of
Department Directors. The evaluation shall be due on the anniversary
for the Department Director.
9. Employee Response
The employee may comment on or explain any facet of the evaluation
with which he/she may agree or dissent. The employee may discuss
any disagreement he/she has with the evaluating supervisor or the
department administrator. In addition, the employee may comment on
any job-related performance issue that he/she felt was left out of the
evaluation. An employee’s written comment shall be a part of the final
evaluation report. The employee’s signature on the evaluation for does
not imply concurrence. If indicated only that the report has been
discussed with the employee.
10. Contested Performance Evaluation
Should an employee disagree with a Performance Evaluation Report,
he/she may contest the evaluation through the grievance procedure as
stated in the current Memorandum of Understanding (MOU) of the
respective employee organization(s).
SECTION VII – CHANGES IN POSITION
A. TRANSFERS
An employee shall not be transferred to a position for which he/she does not
possess the minimum qualifications. An employee may be transferred from
one position to another position in a comparable class. For transfer purposes,
Item 8.d. - Page 42
CITY OF ARROYO GRANDE PAGE 38
PERSONNEL REGULATIONS
a comparable class is one with the same maximum salary, involves the
performance of similar duties, and requires substantially the same basic
qualifications.
If the transfer involves a change from one department to another, both
Department Directors must consent thereto unless the City Manager orders
the transfer for purposes of economy and efficiency. A transfer shall not be
used to effect a promotion or demotion.
B. PROMOTION
Insofar as is consistent with the best interest of the City, vacancies in the
classified services may be filled by promotion from within the classified
service.
If, in the opinion of the City Manager and Department Director, a vacancy
could be filled better by an open, competitive examination, then arrangements
will be made for the preparation and certification of an open, competitive
employment list.
Transfer of an employee to a higher range shall result in an increase in salary.
The employee’s salary shall be placed at a step in the new pay range that
represents a minimum of a five percent (5%) pay increase unless dictated
otherwise by the current Memorandum of Understanding (MOU). Promotion of
an employee may be made with the approval of the City Manager or
designated representative without testing or opening the position for
consideration of all non-employees. All current employees shall be given
consideration for a position opening that will be filled by promotion. An
employee promoted to a new position shall serve a twelvesix (126) month
probationary period in that position (safety employees shall serve a one (1)
year probationary period). In the event the promoted employee is removed
from the position to which promoted, the employee shall not be considered
demoted but shall be returned to the range from which promoted. No changes
in step shall occur as a result of an employee probationary period. A
promoted employee shall retain his/her salary anniversary date held prior to
promotion.An employee’s promotion date will become their anniversary date
for the purposes of performance evaluations and step and merit increases.
C. TEMPORARY PROMOTION
A temporary appointment, without examination, of an employee to a vacant
position, or a position open for a limited period of time for emergency or
interim conditions, may be made by the City Manager or in accordance with
the current Memorandum of Understanding (MOU) of the respective employee
organization(s).
D. DEMOTION
Item 8.d. - Page 43
CITY OF ARROYO GRANDE PAGE 39
PERSONNEL REGULATIONS
The appointing authority may recommend demotion of an employee whose
ability to perform his/her required duties falls below satisfactory performance,
or for disciplinary purposes. Upon request of the employee, and with the
consent of the appointing authority, voluntary demotion may be made to a
vacant position.
E. RESIGNATION & JOB ABANDONMENT
A resignation becomes final when accepted by the appointing authority. Once
a resignation has been accepted by the appointing authority, it cannot be
withdrawn.
An employee is deemed to have resigned if the employee is absent for five (5)
consecutive workdays without prior authorization and without notification
during the period of absence. On the third working day of unauthorized
absence, the supervisor shall send an overnight letter to the employee’s last
known address, providing the employee with an opportunity to be heard and
explain his or her absence, and informing the employee that if he or she fails
to respond or otherwise report to work within two (2) workdays, or receive
authorization for such absence, the employee will be deemed to have
resigned. Employees separated from employment for job abandonment will
be reinstated with such charge removed from the employee’s record upon
presentation of justification for absence such as severe accident, severe
illness, false arrest, or mental or physical impairment which prevented
notification. Except for the opportunity to be heard and to provide an
explanation as to the reasons for the absence, employees have no right to
appeal if deemed to have resigned as result of job abandonment.
F. REINSTATEMENT AND REHIRE
A regular or probationary employee who has resigned with a good record may
be rehired, or a laid-off employee reinstated, within one (1) year of the
effective date of resignation/layoff, to a vacant position in the same or
comparable class. Upon rehire or reinstatement, the employee shall be
subject to the probationary period prescribed for the class. No credit for
former employment shall be granted in computing salary, vacation, sick leave,
or other benefits except on the specific recommendation of the appointing
authority and approval of the City Manager.
Any employee promoted to a new position whose performance is
unsatisfactory may be reinstated in the position from which he/she was
promoted provided the position or a comparable one from which he/she came
is vacant and provided that the employee has not been dismissed from City
service; or in accordance with the current Memorandum of Understanding
(MOU) of the respective employee organization(s).
Item 8.d. - Page 44
CITY OF ARROYO GRANDE PAGE 40
PERSONNEL REGULATIONS
SECTION VIII – DISCIPLINARY ACTION
A. In administering these disciplinary procedures employees shall be afforded
any and all protections and procedures provided by applicable provisions of
law, including but not limited to the Public Safety Officers Procedural Bill of
Item 8.d. - Page 45
CITY OF ARROYO GRANDE PAGE 41
PERSONNEL REGULATIONS
Rights Act (Government Code Sections 3300 et seq.) and the Firefighters
Procedural Bill of Rights Act (Government Code Sections 3250 et seq.).
These procedures shall only apply to the following disciplinary actions:
suspensions, demotions, a reduction in pay or dismissal
B. NOTICE OF DISCIPLINE
Except in cases where public health or safety are threatened, notice of
recommended disciplinary action shall be given by the Supervisor to the
Department Director or his or her designee to and the affected employee not
less than five (5) working days in advance of the date of a proposed
suspension, demotion, or dismissal. Notice shall be served by personal
delivery or first class mail and shall be deemed served when actually served or
deposited with the U.S. Mail, with proper postage prepaid and addressed to
the employee at his/her last known address; or in accordance with the current
Memorandum of Understanding (MOU) of the respective employee
organization(s). The notice shall contain the following information:
1. The action proposed and effective date intended.
2. A statement of the rule(s) and/or regulation(s) allegedly violated.
3. The specific charges against the employee and reason(s) for the
proposed action.
4. Availability of records and documentation on which the proposed action
is based.
5. The employee’s right to respond to the charges in writing or orally within
five (5) days of receiving the notice; the employee’s right to request that
a pre-disciplinary hearing be held; and the employee’s right to have a
representative of the employee’s choice present at the pre-disciplinary
hearing; or in accordance with the current Memorandum of
Understanding (MOU) of the respective employee organization(s).
C. PRE-DISCIPLINARY HEARING
The pre-disciplinary hearing is an information meeting at which the employee
has an opportunity to rebut the charges against him/her or to state any
mitigating circumstances. Usually the Department Director or his/her designee
will hear and consider the employee’s response. The Department Director
shall have the discretion to decide who shall conduct the hearing depending
upon the severity of the proposed discipline and circumstances involved. The
above hearing will also be in accordance with the current Memorandum of
Understanding (MOU) of the respective employee organization(s).
Item 8.d. - Page 46
CITY OF ARROYO GRANDE PAGE 42
PERSONNEL REGULATIONS
D. NOTICE OF DISCIPLINARY ACTION
Within ten (10) days of the pre-disciplinary hearing, the Department Director or
his/her designee, who held the pre-disciplinary hearing, shall forward a notice
of the action to be taken and effective date to the employee according to
Subsection A above; or in accordance with the current Memorandum of
Understanding (MOU) of the respective employee organization(s).
E. APPEAL OF DISCIPLINARY ACTION
1. Method of Appeal
Appeals shall be in writing by the employee appealing and containing a
brief statement about the action being appealed and the reason(s) the
employee believes the disciplinary action is not appropriate. The letter
of appeal shall be filled with the City Manager within five (5) business
days of receiving the notice of disciplinary action.
Upon the filing of an appeal, the City Manager shall set a date for a
hearing on the appeal not less than ten (10) days nor more than sixty
(60) days from the date of filing. The City Manager or designated
representative shall notify all interested parties of the date, time, and
place of hearing. The City Manager will also designate a Hearing
Officer, who may be either the City Manager or another individual
selected by the City Manager.
Upon the filing of an appeal, the Hearing Officer may make such
independent investigation of the matter, as he/she may deem
necessary. The results of such investigation shall be made a part of the
record of the proceedings, and the appellant shall have the right to have
a reasonable time, which shall be within ten (10) business days, within
which to answer or to present evidence in opposition to the findings of
this independent investigation.
F. HEARING
The appellant shall appear personally, unless physically unable to do so, at
the time and place of the hearings. The appellant may be represented by any
person or attorney as may be arranged for by the appellant and may at the
hearing produce relevant oral and/or documentary evidence.
The hearing shall proceed in the following order, unless the Hearing Officer for
special reason otherwise directs:
1. The appellant shall state the issue being appealed in the form of an
opening statement.
Item 8.d. - Page 47
CITY OF ARROYO GRANDE PAGE 43
PERSONNEL REGULATIONS
2. The party imposing such disciplinary action shall be permitted to make
an opening statement and shall present the evidence supporting the
action.
3. The appellant may then open his/her defense and offer his/her
evidence in support of his/her position.
4. The parties may then, in order, respectively offer rebutting evidence
only, unless the Hearing Officer for good reason permits them to offer
evidence upon their original case.
5. Arguments shall be permitted at the discretion of the Hearing Officer.
6. Cross-examination of witnesses shall be permitted. The conduct and
decorum of the hearing shall be under the control of the Hearing
Officer, with due regard to the rights and privileges of the parties
appearing before it.
7. Hearings need not be conducted according to technical rules relating to
evidence and witnesses. Hearings shall be closed unless the appellant,
in writing, requests an open hearing and the Hearing Officer agrees.
8. The Hearing Officer shall determine relevancy, weight, and credibility of
testimony and evidence and shall base his/her findings on the evidence
presented.
The hearing shall be recorded, and a copy of the tape of proceedings
shall be made available to the appellant.
During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either party.
G. FINDINGS OF THE HEARING OFFICER
1. Timetable for Recommendations
The Hearing Officer shall render his/her findings and recommendations
as soon after the conclusion of the hearing as possible, but no later
than fifteen (15) working days after conducting the hearing unless
otherwise stipulated by the parties. His/her decision shall set forth the
recommendations as to each of the charges and the reasons therefore.
2. Findings of the Hearing Officer
The Hearing Officer may recommend the sustaining or rejecting of any
or all of the charges filed against the employee(s). He/she may
recommend sustaining, or rejecting, or modifying the disciplinary action
invoked against the employee(s).
Item 8.d. - Page 48
CITY OF ARROYO GRANDE PAGE 44
PERSONNEL REGULATIONS
3. Final Decision
The findings of the Hearing Officer shall be advisory only to the City
Manager if the Hearing Officer is someone other than the City Manager.
If the Hearing Officer is the City Manager, the findings shall be final.
4. Notification
The Hearing Officer shall send a notice of his/her findings to the
employee(s) that is (are) being disciplined within ten (10) business days
of his/her findings in accordance with the notification procedures in
Subsection A of this section.
H. APPEAL OF FINDINGS BY HEARING OFFICER OTHER THAN CITY
MANAGER
1. Filing an Appeal
Either the appellant or the appointing authority of the affected
employee(s) may file a written appeal to the proposed decision, finding,
and conclusions of the Hearing Officer, when the Hearing Officer was
someone other than the City Manager, within ten (10) business days of
the Hearing Officer’s decision by filing exceptions thereto.
2. Timetable for Appeal
The appeal shall be filed in writing to the City Manager within ten (10)
business days of the Hearing Officer’s decision.
3. Timetable for Appeal Response
Within ten (10) working days of receiving an appeal to the Hearing
Officer’s findings, the City Manager shall review the decision of the
Hearing Officer; any information presented by the appellant; and the
record of the meeting. The City Manager may ratify, modify, or
reverse the proposed decision of the Hearing Officer. The decision of
the City Manager shall be final.
I. RETRIBUTION FOR APPEAL
No employee shall be penalized in any way for availing him/herself of the
disciplinary appeal process.
J. ASSISTANCE FOR DISCIPLINING DEPARTMENT
Item 8.d. - Page 49
CITY OF ARROYO GRANDE PAGE 45
PERSONNEL REGULATIONS
The appointing authority may seek the assistance of the City Manager or a
Department Director throughout the disciplinary process. The City Manager or
assisting Department Director may be present at any of the disciplinary
meetings.
K. DISCIPLINARY ACTION
The following are approved disciplinary actions for City employees:
1. Reprimand:
The censure of a member for a violation.
a. Oral Reprimand – A reprimand that is documented on a
Disciplinary Action Memorandum and/or Supervisor’s Report.
b. Letter of Reprimand – A reprimand reduced to writing and made
a part of the employee’s personnel file.
2. Suspension:
A relief from duty, without pay, for a period not exceeding thirty (30)
working days.
Suspensions of FLSA-exempt employees shall be in accordance with
the requirements of applicable Department of Labor (DOL) regulations,
and may include suspensions for violations of “workplace conduct”
policies as set forth in these Regulations that are applicable to all
employees, such as violations of sexual harassment, drug and alcohol,
and workplace violence prohibitions or violations of state or federal
laws. DOL regulations do not permit suspensions for less than a pay
period for attendance or performance related violations, and such
suspensions may only be in one week work increments.
3. Reduction in Pay:
Loss of pay for a specified period of time.
4. Demotion:
A reduction to a position of lower class or rank.
5. Dismissal:
A termination of employment.
SECTION IX – GRIEVANCE PROCEDURE
Item 8.d. - Page 50
CITY OF ARROYO GRANDE PAGE 46
PERSONNEL REGULATIONS
A. PROCEDURE
The Grievance Procedure affords employees a systematic means of obtaining
consideration of concerns or problems, provides settlement as near as
possible to the point of origin; and appeals are as informal as possible.
B. MATTERS SUBJECT TO GRIEVANCE
(Also refer to the current Memorandum of Understanding (MOU) of the
respective employee organization(s)).
Only a full-time employee, governed by these regulations, may file a grievance
regarding matters of alleged violation of these rules, alleged improper
treatment of an employee, or decisions affecting an employee’s employment.
However, disciplinary matter, or matters previously appealed through the
appropriate Memorandum of Understanding (MOU) grievance procedure are
not subject to this procedure.
C. GRIEVANCE PROCEDURE PROCESS
(Also refer to the current Memorandum of Understanding (MOU) of the
respective employee organization(s)).
Any employee who has a grievance shall first try to resolve it through a
discussion with his/her immediate supervisor within ten (10) business days of
the incident leading to the grievance. Every effort shall be made to find an
acceptable solution at the lowest possible level of supervision.
If, after such discussion, the employee does not believe the grievance has
been satisfactorily resolved, he/she may file a formal appeal in writing to the
Department Director within seven (7) business days after receiving the
informal decision of the immediate supervisor.
The Department Director receiving the formal appeal shall render a written
decision and comment to the employee within seven (7) business days after
receiving the appeal.
If, after receipt of the written decision of the Department Director, the
employee is still dissatisfied, he/she may appeal the decision of the
Department Director to the City Manager. Such appeal shall be made by filing
a written appeal to the City Manager within seven (7) days after receipt of the
written decision of the Department Director, and his/her decision shall be
rendered in writing within twenty (20) days after the appeal is made. If the
employee is not satisfied with the decision of the City Manager, he/she shall
have the right to further action if so stipulated by the current Memorandum of
Understanding (MOU).
Item 8.d. - Page 51
CITY OF ARROYO GRANDE PAGE 47
PERSONNEL REGULATIONS
Grievance appeals, or the circumstances or allegations that prompted them,
are not subject to additional action under any other grievance or disciplinary
appeal procedures within these rules or the applicable Memorandum of
Understanding (MOU) of the respective employee organization(s).
D. CONDUCT OF GRIEVANCE PROCEDURE
(Also refer to the current Memorandum of Understanding (MOU) of the
respective employee organization(s)).
Time limits specified above may be extended by written mutual agreement of
the employee and the reviewer concerned.
The employee may request the assistance of another person of his/her choice
appeal to any level of review.
The employee and his/her representative may be privileged to use a
reasonable amount of work time as determined by the appropriate appointing
authority or supervisor in conferring about and presenting the appeal.
The employee is assured freedom from reprisal for using the grievance
procedure.
SECTION X – LAYOFF PROCEDURE
Item 8.d. - Page 52
CITY OF ARROYO GRANDE PAGE 48
PERSONNEL REGULATIONS
A. DEFINITION
A layoff means a separation resulting from lack of work, lack of funds,
abolishment of a position, or elimination or reduction in service level as
considered necessary by the City Council. The employee holding such a
position or employment may be laid off without right of appeal.
Whenever, in the judgment of the City, it becomes necessary to make a
reduction in force, whenever possible, said reduction shall be accomplished
through attrition.
No regular or probationary employee shall be laid off while a temporary
employee is serving in the same classification in that department; or in
accordance with the current Memorandum of Understanding (MOU) of the
respective employee organization(s).
B. NOTIFICATION
Employees subject to a reduction in force shall be given, whenever possible,
at least thirty (30) calendar days prior to notice. The respective employee
unions shall receive concurrent notice and may be granted an opportunity to
meet and consult with the City to discuss proposed alternatives to a reduction
in force. The notice for reduction in force shall include the reason for layoff,
effective date of the action, and an explanation of how the seniority was
determined.
Layoffs that result from a reduction in force shall be made without regard to an
employee’s political affiliation, perceived or actual religion, sex (gender),
sexual orientation, marital status, national origin (including language use
restrictions), ancestry, disability (mental and physical, including HIV and
AIDS), medical condition (cancer/genetic characteristics), age (40 and above),
request for family care leave, request for leave for an employee’s own serious
health problem, request for pregnancy disability leave, or any basis protected
by law race, religion, color, gender, gender identity, gender expression,
genetic information, marital status, national origin, ancestry, citizenship, age,
or physical disability, medical disability, medical condition (including
pregnancy, child birth and cancer related conditions or genetic characteristics),
sexual orientation or any basis protected by lawrace, color, religion, national
origin, sex, age, or disability.
C. ORDER OF LAYOFF
Temporary employees within a certain classification and/or department shall
be the first subject to layoff, followed by probationary employees. For regular
permanent employees, layoffs shall be governed by skills and capabilities, job
performance, seniority , and general needs of the City within a particular
department and/or job classification; or in accordance with the current
Item 8.d. - Page 53
CITY OF ARROYO GRANDE PAGE 49
PERSONNEL REGULATIONS
Memorandum of Understanding (MOU) of the respective employee
organization(s).
In cases where there are two or more permanent employees in the
classification from which the layoff is to be made, such permanent employees
shall be laid off in inverse order of seniority; or in accordance with the current
Memorandum of Understanding (MOU) of the respective employee
organization(s). In cases where two or more employees in the classification
from which the layoff is to be made who have the same seniority date, such
employees shall be laid off on the basis of the skills, capabilities, job
performance and general needs of the City, as determined by the City
Manager.
D. REINSTATEMENT
If a laid-off employee’s position, or similar position to which the City
determines the former employee is suited, becomes available within nine (9) to
twelve (12) months of layoff, said former employee shall be reinstated; or in
accordance with the current Memorandum of Understanding (MOU) of the
respective employee organization(s). If a job in a lower classification becomes
available and a former employee is qualified, in the judgment of the City,
he/she may be rehired in the lower classification’s position opening; or in
accordance with the current Memorandum of Understanding (MOU) of the
respective employee organization(s).
Item 8.d. - Page 54
CITY OF ARROYO GRANDE PAGE 50
PERSONNEL REGULATIONS
SECTION XI – SEPARATION
A. SEPARATION
An employee may be separated at any time with advance approval from the
City Manager as provided for in the personnel regulations; or in accordance
with the current Memorandum of Understanding (MOU) of the respective
employee organization(s). Separation may occur due to resignation,
termination, or retirementremoval., retirement, or medical reasons.
1. Resignation
An employee wishing to leave City employment in good standing shall
file, with his/her Department Director and the City Manager, a written
resignation stating the effective date and reason for leaving. The
written resignation should be submitted at least two (2) weeks before
leaving, unless such time limit is waived by the City Manager. The
employee shall report to the City Manager or designated representative
for an exit interview prior to leaving employment; or in accordance with
the current Memorandum of Understanding (MOU) of the respective
employee organization(s).
2. MEDICAL SEPARATION
An employee may be separated for medical reasons when a chronic or
frequently recurring mental or physical condition renders the employee
inefficient or incapable of performing the essential job duties of this position.
At the request of the appointing authority, the City Manager may require an
employee to submit to an examination by one or more medical examiners. If
the results of the examination indicate that the employee is incapacitated for
performance of essential job duties, the employee may be placed on sick
leave or other leave as accrued as a preliminary to restoration of adequate
mental or physical fitness or disability retirement or disability separation. A
reasonable effort shall be made to accommodate any employee that becomes
disabled; or in accordance with the current Memorandum of Understanding
(MOU) of the respective employee organization(s).
2. Dismissal
The involuntary separation with cause of a non-probation, full-time
employee from City service.
3. Probationary Termination
Item 8.d. - Page 55
CITY OF ARROYO GRANDE PAGE 51
PERSONNEL REGULATIONS
During the probationary period, an employee may be terminated at
anytime by the appointing authority without cause and without the right
of appeal or hearing.
5. The termination of an employee due to physical or mental inability to
perform assigned duties after an employee has become eligible for
benefits under the Public Employee’s Retirement System is the basis
for a disability retirement.
SECTION XII – EMPLOYEE RESPONSIBILITIES AND BENEFITS
A. LEAVE OF ABSENCE
1. Annual Leave
a. Accrual and Conversion
Regular, full-time management employees shall accrue annual
leave with pay to be used as leave for vacation, illnesses, and
other personal purposes. Management employees shall accrue,
use and be able to convert such paid leave as provided by this
provision to be used in the future or may convert annual leave to
salary compensation as set forth in the Management Salary and
Benefit Resolution.
under the conditions contained in these regulations.
a. Accumulation Rates:
Management employees shall accrue annual based upon the following
schedule:
1) Management employees with less than five (5) years of service shall
earn annual leave at the rate of 29 days (232 hours) per year;
Item 8.d. - Page 56
CITY OF ARROYO GRANDE PAGE 52
PERSONNEL REGULATIONS
2) Management employees with five (5) to ten (10) years of service shall
earn annual leave at the rate of 31 days (248 hours) per year;
3) Management employees with ten (10) to fifteen (15) years of service
shall earn annual leave at the rate of 33 days (264 hours) per year; and
4) Management employees with over fifteen (15) years of service shall
earn annual leave at the rate of 34 days (272 hours) per year.
5) New full-time management employees shall be granted fifty-six (56)
hours of Annual Leave upon hiring. However, additional Annual Leave shall not be
accumulated until after completion of three (3) months of continuous service. If a
new management employee terminates during the first three months of employment,
the Annual Leave balance shall reflect the actual amount that would have been
accumulated at the established rate per pay period, less any usage. If the
employee’s usage of Annual Leave exceeds the adjust accumulation amount, the
employee shall refund the excess amount used. The refund to the City shall be
equal to excess hours used times the employee’s hourly salary compensation rate.
b. Maximum Accumulation:
The maximum accumulation of annual leave shall be 750 hours. If an
employee has accumulated the maximum number of hours, accumulation of annual
leave will be discontinued. Accumulation shall resume on the first day of the pay
period following a reduction in accumulations below the maximum allowed.
c. Conversion to Salary:
A management employee may convert a maximum of 100 hours of
annual leave to salary compensation per year. Such conversions shall be allowed at
the first pay period in July and at the first pay period in December of each year. In
order to be eligible to convert annual leave to salary compensation, the employee
must: a) convert a minimum of sixteen (16) hours to pay; and b) upon making the
conversion to pay, the employee must be left with a minimum of 160 hours of annual
leave.
1) Employees who are promoted or reclassified into a management
position and were not subject to the annual leave program for the entire twelve (12)
month period shall be allowed to include previous vacation and sick leave use as
annual leave for the purpose of this provision.
b. Notification and Approval
Annual leave shall be scheduled in advance by the employee
whenever possible, subject to the approval of the department
director. It is the responsibility of the employee to provide the
supervisor or Department Director with reasonable notice of an
absence. The Department Director shall have the authority to
Item 8.d. - Page 57
CITY OF ARROYO GRANDE PAGE 53
PERSONNEL REGULATIONS
approve or deny the use of annual leave for any period of
absence. The scheduling of the use of annual leave shall be by
the department director with due regard to the wishes of the
employee and particular regard for the needs of the City.
Employees who are off for over three (3) days extended periods
due to illness or injury may be required to provide a physician’s
statement authorizing their return to work.
Reasonable absences of less than eight (8) hours shall not be
debited against annual leave. Such absences should have the
prior approval of the employee’s supervisor and/or City Manager.
e. Separation from Employment:
Management employees who separate their employment from the City
shall have all annual leave accumulations converted to salary compensation at the
employee’s current rate. Compensation shall be paid in one lump sum. Annual
leave shall not be used to extend an employee’s actual date of separation. When
notice is given by an employee that he/she is terminating, the use of annual leave
shall be suspended. The only exception to this provision is that with the approval of
the employee’s supervisor, the employee may be granted short-term leave (one (1) to
three (3) days) to attend to personal business. However, such short-term leaves may
be conducted consecutively and with a frequency to create in effect, a long-term
leave.
f. Service Credit Conversion:
1) Upon retirement an employee may have unused annual
leave converted to Service Credit with the Public Employee’s Retirement System
(PERS).
2) Annual leave will be converted to sick leave for PERS at
he rate of one (1) hour of annual leave equals one (1) hour of sick leave.
3) When unused annual leave is converted to sick leave, for
a service credit conversion, an employee may not receive additional cash
compensation for the unused leave.
g. Conversion of Sick leave and Vacation Leave to Annual leave;
Employees who are promoted or reclassified into a management
position shall convert their sick leave and vacation leave accumulation to annual
leave.
1) Sick leave accumulations shall be converted to
annual leave at the rate of one (1) hour of sick leave equals .5 hours of annual leave.
Item 8.d. - Page 58
CITY OF ARROYO GRANDE PAGE 54
PERSONNEL REGULATIONS
2) Vacation leave accumulations shall be converted to
annual leave at the rate of one (1) hour of vacation leave equals one (1) hour of
annual leave.
2. Military Leave
It is the City’s policy to compensate permanent, full-time employees
required to serve in an active duty military camp as the result of
membership in the National Guard or Reserves. All full-time employees
taking military leave will be entitled to full City pay and benefits as
required by state statute. The employee will also continue to accrue
vacation and sick leave at his/her normal rate, provided the period of
active duty does not exceed thirty (30) days per year.
All military leave in excess thirty (30) calendar days per
year, if granted by the City, shall be without City pay or City-paid
benefits and shall be for a period not to exceed forty-eight (48)
working days per calendar year.
Every employee of the City shall be granted military leaves of absence
and other benefits in accordance with the provisions of state and
federal law. An employee requesting leave for this purpose shall
provide the Department Director, whenever possible, with a copy of the
military orders specifying the dates, site and purpose of the activity or
mission. Within the limits of such orders, the Department Director may
determine when the leave is to be taken and may modify the
employee’s work scheduled to accommodate. The employee may
retain his/her City benefits, such as medical insurance, by paying all
premiums.
The City may elect to replace the employee in his/her position in the event the
employee takes more than forty-eight (48) working days per calendar year.
3. Jury Duty
The City desires that its employees perform their duty as jurors when
called upon. To ensure that this may be done without disrupting normal
City business, the following procedure has been adopted:
Full-time employees shall be granted leave with full pay and no loss in
benefits when called for jury duty if the employee remits jury fees
received for such jury duty. The employee may retain all travel pay or
subsistence pay granted by the court because of the employee’s
participation in jury duty. The employee shall be responsible for
notifying his/her supervisor as soon as possible upon receiving notice to
appear for jury duty, make every reasonable effort to keep his/her
supervisor advised as to the anticipated length of service, and return to
work immediately following the end of jury duty service.
Item 8.d. - Page 59
CITY OF ARROYO GRANDE PAGE 55
PERSONNEL REGULATIONS
4. Family Care Leave
To the extent not already provided for under current leave policies and
provisions, the City will provide family and medical care leave for
eligible employees as required by state and federal law, and as set forth
in the City’s administrative policies.
Pursuant to the federal Family and Medical Leave Act (FMLA) and the
California Family Rights Act (CFRA), employees who have worked at
least 1,250 actual hours during the 12 months prior to the requested
leave, are covered by the provisions of FMLA and CFRA.
FMLA and CFRA provide up to 12 work weeks for the following
reasons:
An employee's own serious health condition;
Care of a newborn child, newly adopted child, or care of a child newly
placed in foster care;
The care of a spouse, child, or parent with a serious health condition;
Time taken to care for a domestic partner is covered by CFRA, but not
FMLA;
Any qualifying exigency arising out of the fact that the employee’s
spouse, son, daughter, or parent is a covered military member on
“covered active duty; or
Disabilities due to pregnancy or pregnancy-related conditions are
covered under FMLA, but not the CFRA. In California pregnancy and
pregnancy-related disabilities are covered under the Pregnancy
Disability Leave Act (PDL).
Pursuant to the State and Federal Leave Acts, the following is provided
for all employees who have been employee a minimum of 12 months
and have worked at least 1,250 hours during the 12-month period
preceding leave:
1. Up to 4 months (88 workdays) unpaid leave in a 24-month
period. Intermittent leave is allowed.
2. Leave may be taken for: 1) birth of and care of newborn child; 2) placement of child
with employee for adoption or foster care; 3) to care for spouse, child, or parent
having serious health condition; and 4) employee’s own serious health condition.
Item 8.d. - Page 60
CITY OF ARROYO GRANDE PAGE 56
PERSONNEL REGULATIONS
a. The City may require certification from a licensed health-care provider of the
employee’s child, spouse, or parent who has a serious health condition before
approving a family-care leave.
3. The employee’s insurance including medical, dental, vision, and life insurance, will be
maintained under the same conditions as if the employee were still working.
4. Request for leave must be made 30 days prior to leave, if foreseeable.
5. Employee may use accrued vacation, holiday, or personal leave during family leave.
Sick leave may be used for employee and/or immediate family illness or disability.
6. Upon return to work, employee will be restored to same or equivalent position with
equivalent benefits.
All other provisions of the State FCLA and Federal FMLA apply. There are certain
exceptions and family-care leave, and the City is legally permitted to deny a request
for such leave under certain conditions.
5. Pregnancy Disability Leave
a. Pursuant to California law, Pregnancy Disability Leave (“PDL”)
will be granted for up to four (4) months, or the working days in
one-third of a year or 17 1/3 weeks, depending on the period(s)
of actual disability, providing unpaid leave for an employee
disabled as a result of pregnancy, childbirth, or a related medical
condition. Time off needed for prenatal or postnatal care, doctor-
ordered bed rest, gestational diabetes, pregnancy-induced
hypertension, preeclampsia, childbirth, postpartum depression,
loss or end of pregnancy, or recovery from childbirth or loss or
end of pregnancy would all be covered by PDL. An employee is
considered disabled if she is unable to perform one or more
essential functions of her job due to her pregnancy or a related
health condition.
An employee applying for PDL must provide medical verification from her doctor.
Advance notice of thirty (30) days is required if the need for taking PDL is
foreseeable. Notice must be given as soon as practicable if the need for PDL arises
suddenly and without time to give thirty (30) days’ notice.
During PDL, the employee’s insurance through the City, including medical, dental,
vision and life insurance, will be maintained under the same conditions as if the
employee were still working.
An employee on PDL shall use any accrued sick leave during the otherwise unpaid
portion of her PDL. An employee may elect, at her option, to use any vacation time
or other accrued personal time off that the employee is otherwise eligible to take
during the otherwise unpaid portion of her PDL.
Item 8.d. - Page 61
CITY OF ARROYO GRANDE PAGE 57
PERSONNEL REGULATIONS
After the period of PDL, an employee is generally guaranteed a return to the same
position. If the employee cannot be placed in the same job, the employee must
generally be offered a comparable position.
An employee on PDL shall retain employee status during the
period of PDL. PDL shall not constitute a break in service for
purposes of longevity and/or seniority under any employee
benefit plan. Benefits will be resumed upon the employee’s
reinstatement in the same manner and at the same levels as
provided when the leave began, without any new qualification
period or physical exam.
6. Sick Leave
a. Definition
Sick leave is defined as leave from duty which may be granted
by the City to an employee because of illness, injury, exposure to
contagious disease, illness or injury of the employee’s immediate
family requiring the employee’s attendance, and medical, dental
and optical appointments to the extent that such appointments
cannot be scheduled outside of the workday. time off with pay
when it is occasioned by genuine illness, physical injury,
necessary medical appointment, or physical disability to the
employee and An immediate family member shall consist of the
employee’s child, domestic partner’s child, step-child, parent,
spouse, or domestic partner of the employee, or other members
of the employee’s family residing in the employee’s home or
primarily dependent upon the employee.
who is a child, parent, or spouse of the employee.
b. Accrual and Conversion
Eligible full-time employee(s) in City service shall accrue, use
and be able to convert sick leave as set forth in the current
Memorandum of Understanding (MOU) of the respective
employee organization(s). covered under rules accrues one (1)
day of sick leave with pay for each month of service, with
unlimited accumulations. Management employees who receive
annual leave as prescribed in Section XII.A.1 of these
regulations are not eligible to receive sick leave.
Employees designated as permanent part-time employees prior
to ________, 2014 shall continue to earn sick leave at the rate of
one (1) hour of sick leave for every twenty-two (22) hours
worked. The maximum accumulation of sick leave for a
permanent part-time employee is eighty (80) hours. All other
part-time employees shall not receive sick leave benefits.
Item 8.d. - Page 62
CITY OF ARROYO GRANDE PAGE 58
PERSONNEL REGULATIONS
Permanent part-time employees shall earn sick leave at the rate of one
(1) hour of sick leave for every 22 hours worked. The maximum accumulation of sick
leave for a permanent part-time employee is 80 hours.
c. Notification
Any employee who is absent because of sickness or other
physical disability shall notify the immediate supervisor or
Department Director as soon as possible, but in any event, within
two (2) hours from the start of his/her shift. Department
Directors may specify select positions that are required to
provide such notice prior to the start of the work shift. Any
employee who fails to comply with this provision without having a
valid reason will be placed on leave of absence without pay
during the unexcused absence and be subject to disciplinary
action in accordance with established procedures.
The Department Director may require written proof of illness from
an authorized medical authority at the employee’s expense for
sick leave use in excess of three (3) consecutive working days.
In the event an employee is absent due to disability incurred on
duty, the employee may use a portion or all of his/her
accumulated sick leave to supplement compensation received
under the Workers’ Compensation Act of California in an amount
not to exceed the employee’s regular rate of pay. This shall not
apply to public safety personnel who are receiving benefits under
Section 4850 of the Labor Code.
Upon retirement a full-time employee may choose to be paid for 50% of
unused sick leave, to a maximum of 360 hours at his/her current rate of
pay, or all hours or a portion of the foregoing entitlement, to his/her
Public Employee’s Retirement System (PERS) program.
On December 1st of each year, a full-time employee has the option of
being paid straight time for 25% credit to vacation or leaving the 25%
credit in sick leave. Such pay shall be paid the second Friday in
December.
6. Holiday Leave
All full-time permanent employees of the City shall receive holiday pay
as set forth in the Management Salary and Benefit Resolution or the
current Memorandum of Understanding (MOU) of the respective
employee organization(s)., except designated police personnel who
receive holiday pay in lieu thereof, shall receive the following paid
holidays:
Item 8.d. - Page 63
CITY OF ARROYO GRANDE PAGE 59
PERSONNEL REGULATIONS
New Year’s Eve, December 31, half day
New Year’s Day, January 1
Martin Luther King Day, third Monday of January
Lincoln’s Birthday, February 12 (or day of observance)
Washington’s Birthday, third Monday of February
Memorial Day, the last Monday in May
Independence Day, July 4
Labor Day, November 11 (or day of observance)
Thanksgiving Day, fourth Thursday in November (or day of observance)
Day following Thanksgiving
Christmas Eve, December 24, half day
Christmas Day, December 25
One Floating Day per Fiscal Year (employee choice with Supervisor
approval)
Every day designated by the President, Governor, or Mayor for public
observance as a special nonrecurring single event, such as the death of
a national leader or end of war.
Designated police personnel may be provided pay per month in lieu of
holiday leave, in accordance with the current Memorandum of
Understanding (MOU).
All holidays in the above schedule that fall on a Saturday will be
observed on the preceding Friday; all holidays in the above schedule
that fall on a Sunday will be observed on the following Monday; or in
accordance with the current Memorandum of Understanding (MOU) of
the respective employee organization(s).
7. Bereavement Leave
Each full-time City employee is entitled to a paid bereavement leave of
absence, not to exceed five (5) days or forty (40) hours, in the event of
the death of a member of the employee’s immediate family, to include
an employee’s or spouse’s or domestic partner’s parents, spouse,
children, brother, sister, stepchildren, grandparents, grandchildren,
aunt, uncle, son-in-law, daughter-in-law, step relatives described above,
or any other person residing in the same household, for the purpose of
attending the funeral and making other arrangements at the time the
loss occurs. Such leave is independent of sick leave or vacation leave.
8. Catastrophic Leave
Upon request of an employee eligible for sick leave accrual and
approval from the City Manager, sick leave credits may be transferred
from one or more employee(s) to another, under the following
conditions:
Item 8.d. - Page 64
CITY OF ARROYO GRANDE PAGE 60
PERSONNEL REGULATIONS
a. The receiving employee faces financial hardship due to injury,
prolonged illness, or medical condition of the employee, spouse,
domestic partner or child.
b. The receiving employee has exhausted all paid sick and vacation
leave credits.
c. Vacation leave, compensatory time, and holiday credits cannot
be transferred.
d. Donations must be in whole-hour increments and may not
exceed twenty-four (24) hours by donating employee.
e. Provisions of this catastrophic leave program are not subject to
any grievance or arbitration article to the Personnel Regulations
or any current Memorandum of Understanding.
f. Annual Leave may be converted to sick leave under the
provisions of this section. Such conversion will be based on one
(1) hour of sick leave for each hour of contributed annual leave.
9. Leave Without Pay
The City Manager may grant a permanent employee leave of absence
without pay or seniority upon written request to the City Manager in
which employee demonstrates the leave is necessary for personal
reasons beyond his/her control or will serve to improve his/her ability as
an employee of the City. Such leave may be granted up to a maximum
of one (1) year. Upon expiration of a regular approved leave of
absence without pay, the employee shall be reinstated in the position
held at the time the leave was granted.
Failure on the part of an employee to report promptly at leave expiration
shall be cause for discharge; or in accordance with the current
Memorandum of Understanding (MOU) of the respective employee
organization(s).
During the leave period the City will not pay employee benefits;
however, the employee may elect to maintain City medical insurance
coverage for the employee and dependents at the employee’s sole
expense if such coverage of all individuals is in effect sixty (60) days
prior to leave application to the City Manager.
The exception to this provision are those leaves pursuant to the Federal
and State Family Leave Acts that allows the employee to receive City-
paid benefits for twelve (12) weeks.
Item 8.d. - Page 65
CITY OF ARROYO GRANDE PAGE 61
PERSONNEL REGULATIONS
In the event the absence is requested for medical reasons, the
employee shall provide a medical certification by a licensed health care
practitioner, recommending the absence, and shall provide such
medical progress reports as deemed necessary by the City Manager.
The decision by the City Manager to grant such leave shall be based
upon recommendation by the Department Director and shall include
consideration of the staffing levels and the impact upon services and
the employee’s department during the absence, if granted.
Department Directors may grant a permanent employee leave of
absence without pay for a period not to exceed one (1) calendar week.
All leaves of absence without pay shall be reported to the City Manager.
10. School Leave
Pursuant to Section 230.8 of the Labor Code, any City employee who is
a parent, guardian or grandparent having custody of one or more
children in kindergarten or grades 1 through 12 or attending a licensed
day care facility shall be allowed up to forty (40) hours each school
year, not to exceed eight (8) hours in any calendar month of the school
year, to participate in activities of the school of their child.
Such employee must provide advance notice of the planned absence.
The employee shall use vacation and/or compensatory time off during
the absence. The employee may also take time off without pay for such
absences. The City may require the employee to provide
documentation from the school as verification that the employee
participated in school activities on a specific date and at a particular
time. If both parents, guardians or grandparents having custody, are
employed by the city, only the first parent requesting shall be entitled to
leave under this provision.
11. Time Off to Vote
Pursuant to Elections Code Sections 14000 et seq, if an employee does
not have sufficient time outside of working hours to vote at a statewide
election, the employee may take up to two (2) hours off without loss of
pay at the beginning or end of the day. Prior approval for this time off
by the employee’s supervisor is required.
B. VACATION
The purpose of annual vacation leave is to enable each eligible employee to
annually return to his/her work mentally and physically refreshed. City
employees become eligible to use accumulated vacation time upon accrual.
Management employees who receive annual leave as prescribed in Section
XII A.1. of these regulations are not eligible to receive vacation time.
Item 8.d. - Page 66
CITY OF ARROYO GRANDE PAGE 62
PERSONNEL REGULATIONS
Employees cannot accumulate vacation time while on a Leave of Absence or
an Off-Duty status. Vacation time will not be charged to holidays falling within
a vacation period. If for any reason an employee becomes ill during a
vacation, the affected employee shall be entitled to utilize such available sick
leave in lieu of vacation leave. The vacation period may be appropriately
extended upon approval of the supervisor and/or Department Director or in
accordance with the current Memorandum of Understanding (MOU) of the
respective employee organization(s).
Each eligible employee shall be required to have served the equivalent of one
(1) year of continuous service in the City in order to be eligible for his/her
annual vacation leave. However, in the event an employee so chooses,
he/she may, after six (6) continuous months of service, take vacation leave not
to exceed five (5) working days, with the supervisor and/or Department
Director’s approval; or in accordance with the current Memorandum of
Understanding (MOU) of the respective employee organization(s).
The City’s procedure for scheduling vacations is to submit a request in
advance for a specific time. This request will be subject to the approval of the
employee’s Department Director.
Vacation time is accrued monthly. Full-time employees shall accrue, use and
be able to convert vacation time as set forth in the current Memorandum of
Understanding (MOU) of the respective employee organization(s). Employees
designated as permanent part-time employees prior to April 1, 2014 shall
continue to earn vacation leave at the rate of one (1) hour of vacation leave for
every twenty-six (26) hours worked. The maximum accumulation of vacation
leave for a permanent part-time employee is 80 hours. All other part-time
employees shall not receive vacation leave benefits.
based on the following schedule:
0 – 1 Year Ten (10) days per year
2 Years Twelve (12) days per year
3 Years Thirteen (13) days per year
4 Years Fourteen (14) days per year
5 – 6 Years Fifteen (15) days per year
7 – 8 Years Sixteen (16) days per year
9 – 10 Years Seventeen (17) days per year
11 – 12 Years Eighteen (18) days per year
13 – 14 Years Nineteen (19) days per year
15 + Years Twenty (20) days per year
Permanent part-time employees shall earn vacation leave at the rate of one (1) hour
of vacation leave for every 26 hours worked. The maximum accumulation of
vacation leave for a permanent part-time employee is 80 hours. Temporary
part-time employees do not earn vacation leave.
Item 8.d. - Page 67
CITY OF ARROYO GRANDE PAGE 63
PERSONNEL REGULATIONS
An employee should use a minimum of 50% vacation leave earned each calendar
year during that same calendar year. The balance of the vacation leave
remaining unused during that same calendar year may be accrued. Exception
is made to this paragraph for all new employees commencing City
employment after December 31st of each year so that there is no requirement
upon a new employee to use a minimum of 50% of vacation leave earned by
the first December 31st after employment commences. In the event an
employee’s shall be paid at his/her December 31st hourly wage rate for those
hours accrued in excess of the maximum allowed, as depicted on the following
chart; or in accordance with the current Memorandum of Understanding
(MOU) of the respective employee organization(s).
Years of Service Maximum Vacation Hours That
on January 1st Can be Accrued on January 1st
1 – 5 80
5+ – 10 120
10 + –15 160
15+ 200
Employees who leave City service, and upon return of all City-owned property
in good condition, shall be reimbursed for the accumulated amount of vacation
leave as part of their final paycheck.
C. WORKERS’ COMPENSATION
Employees are insured by the City against illness or injury occurring in the
course of employment.
In the event a work-related illness or injury occurs, the Department Director
shall provide the necessary claim forms to the employee and insure the
employee receives immediate medical attention, if other than first aid is
necessary, at a City-authorized medical facility. The Department Director shall
insure the necessary forms are completed and returned within the required
time frame.
Claim forms must be forwarded to the City Manager or designated
representative for review. The City Manager or designated representative
shall immediately transmit the forms to the City’s Claims Administrator for
processing and investigation.
Non-safety employees required to be absent from work due to a work-related
illness or injury may use sick leave, vacation, or other compensatory time off
during their absence. Any compensation received under the
Worker’s Compensation Act of California shall be considered part of the salary
to be paid to the employee. The employee may use a portion of or all of
accumulated paid leave to supplement compensation received under the
Item 8.d. - Page 68
CITY OF ARROYO GRANDE PAGE 64
PERSONNEL REGULATIONS
Workers’ Compensation Act of California in an amount not to exceed the
employer’s regular rate of pay.
Safety employees who receive compensation under Section 4850 of the Labor
Code shall not utilize sick leave until such time as they are no longer eligible to
receive said compensation (one year).
The City Manager or designated representative shall continually monitor all
active Workers’ Compensation claims and assist the employee and Claims
Administrator as necessary.
D. BEHAVIOR
It is expected that all City employees shall render the best possible service
and present the best possible appearance to reflect pride in the performance
of their duties and pride in the community they serve.
1. Improper Employee Conduct
The term “improper conduct” means not only any improper action by an
employee in the employee’s official capacity, but also conduct by an
employee not connected with the employee’s official duties that brings a
discredit to the City or that affects the ability to perform the employee’s
duties officially or any improper use of the position as an employee for
personal advantage. Improper conduct may be cause for disciplinary
action up to, and including, termination. In addition, any employee
engaging in criminal activity shall be reported to the Police Department.
Improper conduct includes, but is not limited to, the following:
a. Violation of federal, state, or local law.
b. Consumption of intoxicating beverages or unprescribed narcotics
or while in uniform and/or being under the influence of
intoxicating beverages or unprescribed narcotics or drugs while
on duty, in uniform or while utilizing a City vehicle.
c. Failure or refusal to comply with a lawful order or to accept a
reasonable and proper assignment from an authorized
supervisor.
d. Inefficiency, incompetence, carelessness, or negligence in the
performance of duties.
e. Inattention to duty, tardiness, indolence, carelessness, or
damage to or negligence in the care of handling of City property.
Item 8.d. - Page 69
CITY OF ARROYO GRANDE PAGE 65
PERSONNEL REGULATIONS
f. Improper or unauthorized use of City vehicles or equipment or
misappropriation of supplies.
g. Claim of sick leave under false pretence or misuse of sick leave.
h. Furnishing false information to secure appointment.
i. Absence from duty without leave, failure to report after leave of
absence has expired or after such leave of absence has been
disapproved, revoked, or cancelled. This may include absence
without notice for three (3) consecutive work days.
j. Willful violation of these rules and regulations, departmental
rules and policies, or any written policies that may be prescribed
by the City.
k. Acceptance by an employee of any bribe, gratuity, kickback, or
other form of remuneration in addition to regular compensation
with an attempt to influence the action or opinion of an employee
in the performance of his/her duties.
l. Any action, including negative attitude or behavior, that is a
direct hindrance to the effective performance of City functions.
m. Outside work that creates a conflict of interest with City work or
detracts from the efficiency of the employee in the employee’s
City work.
n. Sexual or other illegal, improper, or inappropriate harassment of
another employee.
Department Directors may establish additional rules of conduct that are
applicable to their specific areas of responsibility, provided such rules
do not conflict with those included in this manual.
2. Conflict of Personal Interest
The City expects every employee to be vigilant to perceive and avoid
situations that might give rise to a conflict of personal interest(s) with
those of the City or that might do harm to City operations. In particular,
City funds, materials, supplies, information, or other resources shall not
be used or promised in any way to advance an employee’s personal
business, financial, political, or other interests.
An official or employee of the City shall not engage in conduct that
would tend to discredit or dishonor his/her position with the City. Such
elected or appointed officials and employees must avoid conflicts of
Item 8.d. - Page 70
CITY OF ARROYO GRANDE PAGE 66
PERSONNEL REGULATIONS
private interest with public duties and responsibilities and shall not do
indirectly what may not be done directly.
3. Outside Employment
Employees may engage in employment outside of their regular working
hours if such employment is approved in advance by the Department
Director and the City Manager; or in accordance with the current
Memorandum of Understanding (MOU) of the respective employee
organization(s). The City Manager may establish a maximum time
period worked on such outside employment and a maximum number of
hours of outside work per week so as to not interfere with the
employee’s work duties.
Incompatible employment includes, but is not limited to:
a. Work that tends to impair mental or physical capacity to perform
City duties efficiently and effectively.
b. Work that takes the employee’s time and attention during his/her
official working hours.
c. Activities that create a conflict of responsibility or duty between
the employee’s City work responsibility and the proposed outside
employment. This includes work that would, by its nature, tend
to reduce the ability of the employee to exercise completely,
independent and unfettered judgment with respect to effectively
discharging City work responsibility.
Any employee who engages in employment outside regular working
hours shall be subject to perform regular City duties first.
4. Training
It is the policy of the City to encourage and promote training
opportunities for employees and to develop maximum efficiency in the
performance of duties and responsibilities.
It shall be the responsibility of the supervisor to familiarize a new
employee with the employee’s obligations and rights and also inform
the employee about the functions and operations of his/her particular
job and the City. The City Manager may assist in this new employee
orientation process if requested.
Training may be conducted either during or after regular working hours.
Attendance of non-exempt employees at mandatory training sessions
conducted after regular working hours will be compensated in
accordance with the overtime provisions established in these rules or in
Item 8.d. - Page 71
CITY OF ARROYO GRANDE PAGE 67
PERSONNEL REGULATIONS
accordance with the current Memorandum of Understanding (MOU) of
the respective employee organization(s).
In-service training is any formal training or development program that is
directly sponsored and offered by the City. Out-service training is any
formal training or development program that is sponsored and
conducted by any agency or organization other than the City.
Department Directors may authorize participation in approved out-
service training courses and attendance at meetings of professional
organizations and other groups where such attendance will benefit the
City.
No out-service training may be authorized or expenses paid without
recommendation by the supervisor and approval of the Department
Director and City Manager or his/her designee.
When attending a required out-service training during normal working
hours, the employee receives his/her regular salary and is reimbursed
for tuition, travel, and miscellaneous required expenses.
When authorizing an employee to attend voluntary career-related out-
service training, the Department Directors may request reimbursement
for the employee for tuition and other necessary expenses, such as
books and required materials, to the limits established in the
Educational Reimbursement Policy and/or in accordance with the
current Memorandum of Understanding (MOU) of the respective
employee organization(s).
In the event training funds are not available for a specific course or
training, an employee may pay for his/her costs and may attend during
work time, if approved by the Department Director.
5. Safety
It is the policy of the City to maintain a safe and healthful work
environment. A Safety Committee of managerial, supervisorial, and
general employees shall meet on a regular basis to evaluate
occupational safety problems and to discuss and institute appropriate
remedies where unsafe working conditions are identified. The City will
also establish and maintain a Risk Management Program.
Safety-training sessions shall be conducted regularly to ensure
employees are properly educated informed of safe practices and
procedures.
6. Nepotism and Conflicting Relationships
Relatives of a Council Member, City Manager, or Department
Director, including spouse, child, stepchild, parent, grandparent, grandchild, brother,
Item 8.d. - Page 72
CITY OF ARROYO GRANDE PAGE 68
PERSONNEL REGULATIONS
sister, half brother, half sister, uncle, aunt, niece, nephew, parent-in-law, brother-in-
law, sister-in-law, or other individual related by blood or marriage, may not be
employed by the on a full-time basis. Relatives of other City employees may decline
to hire such a person if it would create supervision, safety, security, or morale
problems or concerns. In the event two (2) employees marry or cohabitate, neither
employee shall be allowed to supervise the other.
Based upon the inherent conflict of interest and impact such
employment would have on supervision and morale, relatives of a
Council Member or the City Manager may not be employed with the
City on a full-time basis. As to other City employees, no person shall
be appointed or promoted to a position in any department in which such
person’s relative, or any other employee with whom they are involved in
a personal or business relationship, already holds a position with the
City when such employment would result in any of the following:
a. A supervisor-subordinate relationship;
b. Any other specific facts and circumstances relating to the
operations of the City that would adversely impact supervision,
security or morale, or create potential conflicts of interest or other
hazards greater for the related family members, or employee
with whom they have a personal or business relationship,
For purposes of this section, “relative” means spouse, domestic partner,
child, step-child, parent, grandparent, grandchild, brother, sister, half-
brother, half-sister, aunt, uncle, niece, nephew, first cousin, parent-in-
law, brother-in-law or sister-in law. “Personal relationship” includes
cohabitation, dating or any other intimate relationship beyond mere
friendship. “Business relationship” shall include serving as an
employee, independent contractor, compensated consultant, owner,
board member, shareholder, investor in an outside business, company,
partnership, corporation, venture or other transaction where the
employee’s annual interest, compensation, investment, or obligation is
greater than $250.
If a City employee marries another person employed by the City within
the same department, both employees shall be allowed to retain their
respective positions provided that a supervisorial relationship does not
exist between the couple. During the period of employment, no
supervisory position shall exist between the two employees. For the
purpose of this section, a supervisorial relationship shall be defined as
one in which one person exercises the right to control, direct, reward or
punish another person by virtue of the duties and responsibilities
assigned to his or her position.
The City also retains the right to refuse to place both spouses in the
same department, division or facility where such has the potential for
Item 8.d. - Page 73
CITY OF ARROYO GRANDE PAGE 69
PERSONNEL REGULATIONS
creating adverse impact on supervision, safety, security or morale or
involves potential conflicts of interest.
Where the circumstances mandate that the two spouses shall not work
together, the Human Resources Manager or his or her designee shall
attempt to transfer one spouse to a similar position in another City
department. Although the wishes of the involved parties as to which
spouse is transferred will be given consideration by the City, the
controlling factor is determining which spouse is to be transferred shall
be the positive operation and efficiency of the City.
If continuing employment of two spouses cannot be accommodated
consistent with the City’s interest in promotion to safety, security,
morale, and efficiency, the City retains sole discretion to separate one
spouse from City employment. Absent resignation by one affected
spouse, the less senior of the involved spouses will be subject to
separation from the City.
Any transfers that result in a reduction in salary or any separation from
the City as a result of the operation the Regulations contained in this
Section shall be subject to providing the employee with the procedural
due process that applies to any disciplinary action, provided, however
that the inquiry shall be limited to whether or not the provisions of this
Section have been violated.
7. Drug-Free Workplace
It is the policy of the City that a drug-free work place shall be
maintained at all times. The illegal manufacture, use, sale, distribution,
or possession of alcohol or a controlled substance while on duty,
subject to being called to duty, on City property or at a City work site is
strictly prohibited and grounds for disciplinary action up to and including
dismissal.
a. Prescribed Treatment
Any employee who may be undergoing medically-prescribed
treatment with a controlled substance that may limit the
employee’s ability to perform the job must report this treatment to
his/her supervisor prior to beginning work. Failure to report this
to the supervisor may be grounds for disciplinary action.
b. Law Enforcement Intervention
Any employee suspected of manufacturing, selling, distributing,
or otherwise possessing alcohol and/or a controlled substance
Item 8.d. - Page 74
CITY OF ARROYO GRANDE PAGE 70
PERSONNEL REGULATIONS
on City property or at a City work site shall, after the observer’s
consultation with and approval by the City Manager, be reported
to the appropriate law enforcement agency. Nothing in this
section shall preclude an employee from reporting a crime to an
enforcement agency in a timely manner.
c. Criminal Conviction
Employees will notify the City Manager of any criminal
drug/alcohol statute arrest and/or conviction occurring in the
work place no later than five (5) days after such conviction.
d. Employee-Assistance Programs
Employees requiring assistance may be referred to employee
assistance, drug abuse, and/or rehabilitation programs.
e. Confidentiality
To the extent feasible and practical, proceedings under this
policy and all reports and records filed shall be confidential to the
parties and agencies involved or requiring notification; and all
reasonable effort shall be made to protect the privacy of the
parties.
f. Discipline/Sanctions
In its enforcement of this policy, the City may invoke disciplinary
action(s) up to and including dismissal.
8. HARASSMENT-FREE WORKPLACE
The City is committed to providing a work environment free of
harassment. Any employee who believes he/she has been harassed
by a co-worker, supervisor or agent of the City, or a member of the
public should promptly report the facts of the incident(s) and the names
of the individuals involved to his/her Supervisor, Department Director,
or the City Manager. The Supervisor and/or City Manager will
investigate all such claims and take appropriate action.
9. SEXUAL HARASSMENT
The City is committed to creating a work environment free from sexual
harassment. Therefore, acts of sexual harassment by employees are prohibited
employment practices and are subject to disciplinary measures up to and including
dismissal.
a. Definition
Item 8.d. - Page 75
CITY OF ARROYO GRANDE PAGE 71
PERSONNEL REGULATIONS
Sexual harassment is defined as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature when:
1) submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment;
2) submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting such individual; or
3) such conduct has the purpose or effect of unreasonably and substantially
interfering with a person’s work performance or creating an intimidating, hostile, or
offensive work environment.
b. Forms of Sexual Harassment
Prohibited acts of sexual harassment can take a variety of forms ranging from
subtle pressure for sexual activity to physical assault. Examples of the kinds of
conduct included in the definition of sexual harassment are:
1) Verbal harassment such as epithets, derogatory comments, or slurs
that are belittling, sexually explicit, or degrading words to describe an individual,
sexually explicit jokes, comments about an employee’s anatomy and/or dress,
sexually oriented noises or remarks, questions about a person’s sexual practices,
use of patronizing terms or remarks, verbal abuse, or graphic verbal commentaries
about the body.
2) Physical harassment, such as assault, impeding or blocking movement,
or any physical interference with normal work or movement when directed at an
individual.
SECTION XII – EMPLOYEE RESPONSIBILITIES AND BENEFITS (continued)
3) Visual harassment, such as derogatory posters, cartoons or drawings
that display sexual pictures, writings, or objects; obscene letters or invitations; staring
at an employee’s anatomy; leering; sexually-oriented gestures; or unwanted love
letters and notes are forms of visual harassment.
4) Sexual favors are unwanted sexual advances that condition an
employment benefit upon an exchange of sexual favors, such as continued requests
for dates, any threat of demotion, termination, etc., if requested sexual favors are not
given.
c. If Sexual Harassment Occurs
1) When possible, confront the harasser and persuade him/her to stop.
The harasser may not realize the advances or behaviors are offensive. Sometimes a
simple confrontation will end the situation.
Item 8.d. - Page 76
CITY OF ARROYO GRANDE PAGE 72
PERSONNEL REGULATIONS
2) To report sexual harassment, contact your immediate supervisor,
Department Director, or City’s Affirmative Action Officer. Sexual harassment or
retaliation should be reported in writing or verbally. The employee may report such
activities even though they were not the target of the harassment.
3) An investigation will be conducted and appropriate action taken. The
City will investigate, in confidence, all reported incidents of sexual harassment and
retaliation.
d. Sexual Harassment Can Be Costly
If you, as an employee of the City, are found guilty of sexual harassment, you
may be personally liable for monetary damages. The City will not pay damages
assessed against you personally.
SECTION XII – EMPLOYEE RESPONSIBILITIES AND BENEFITS (continued)
e. Protection Against Retaliation
City policy and California state law forbid retaliation against any employee who
opposes sexual harassment, files a complaint, testifies, assists, or participated in any
manner in an investigation, proceeding, or hearing conducted by the Department of
Fair Employment and Housing or the Fair Employment and Housing Commission.
Prohibited retaliation includes, but is not limited to:
1) Demotion.
2) Suspension.
3) Failure to hire or consider for hire.
4) Failure to give equal consideration in making employment decisions.
5) Failure to make impartial employment recommendations.
6) Adversely affecting working conditions or otherwise denying any
employment benefit to an individual.
f. Employee Responsibility
City employees are to report any sort of sexual harassment to their immediate
Supervisor, Department Director, or the City’s Affirmative Action Officer.
g. Management and Supervisor Responsibility
Item 8.d. - Page 77
CITY OF ARROYO GRANDE PAGE 73
PERSONNEL REGULATIONS
Management and supervisory personnel are responsible for ensuring that the
work environment is free of sexual harassment by:
1) Informing all employees under their direction of the City policy and the
complaint procedure.
2) Reporting any instances of sexual harassment to their Department
Director and the City’s Affirmative Action Officer for investigation.
3) Based on the findings of the investigation, taking appropriate
disciplinary action.
SECTION XII – EMPLOYEE RESPONSIBILITIES AND BENEFITS (continued)
h. Affirmative Action Officer Responsibility
The Affirmative Action Officer is responsible for administering the complaint
procedure, coordinating the investigation process, and in consultation with the
Department Director and City Manager, recommending disciplinary action as may be
appropriate.
i. Confidentiality
To the extent feasible and practical, proceedings under this policy and all
reports and records filed shall be confidential to the parties involved; and all
reasonable effort shall be made to protect the privacy interests of the parties and
anonymity of reporting when possible.
j. Discipline
To remedy instances of sexual harassment, the City may invoke disciplinary
action(s) up to and including dismissal.
E. DEPARTMENT RULES
Each Department Director has the authority and responsibility to adopt such
rules and regulations for his/her department as are necessary for the efficient
operation of the department and shall submit them to the City Manager for
approval. The formulation of department rules and regulations by each
Department Director shall be consistent with state law governing Meet and
Confer.
Department rules and regulations are equally as binding on the employee as
the rules, regulations, and policies contained in this document. Personnel
regulations take precedence over departmental rules and regulations. No
Item 8.d. - Page 78
CITY OF ARROYO GRANDE PAGE 74
PERSONNEL REGULATIONS
departmental rule, policy or operating procedure(s), or any personnel or
administrative policy or procedure(s) shall be in conflict with these personnel
regulations.
F. ADMINISTRATIVE POLICIES
The City Manager may issue administrative polices as needed to establish
rules or directives that apply to more than one department. The Department
Directors shall have responsibility for distributing the policies.
Administrative policies are equally as binding on the employees as the rules,
regulations, and policies contained in this document. Personnel regulations
take precedence over administrative policies. No administrative policy or
procedure(s) shall be in conflict with these personnel regulations.
G. PERSONNEL FILES – EXAMINATION BY CITY EMPLOYEES
1. A City employee may request to inspect his/her personnel file.
a. An employee desiring to inspect his/her personnel file will make an
appointment to do so with the City Manager’s Office.
b. Such appointments will normally be made during regular business
hours. Should the appointment take place during the employee’s
off-duty hours, no overtime compensation will be permitted.
2. Subject to the limitations and requirements of Labor Code Section
1098.5, Aan employee will be permitted to examine and/or obtain
copies of all information contained in his/her personnel file, except
background information regarding references, information derived from
former employees, and/or criminal history information; or in accordance
with the current Memorandum of Understanding (MOU) of the
respective employee organization(s).
SECTION XIII – VIOLATIONS
Item 8.d. - Page 79
CITY OF ARROYO GRANDE PAGE 75
PERSONNEL REGULATIONS
Violations of the provisions of these rules shall be grounds for rejection, suspension,
demotion, dismissal, or other disciplinary action.
Item 8.d. - Page 80