City Of Desert Hot Springs
Personnel Rules & Policy Page

PERSONNEL RULES AND REGULATIONS DRAFT

GENERAL PROVISIONS

A. PURPOSE

It is the purpose of these personnel rules to facilitate efficient and economical services to the public and to provide for a defined system of personnel management in the City of Desert Hot Springs.

Unless otherwise stated herein, these rules are applicable to all employees of the City.

B. VIOLATION OF RULES

Violation of the provisions of these rules shall be grounds for disciplinary action.

C. DEPARTMENTAL RULES AND REGULATIONS

These rules do not preclude individual City department heads and/or the City Manager from developing and administering supplemental personnel regulations as long as they do not conflict with these rules or other council resolutions and ordinances.

. CONFLICT OF INTEREST CQ~E

Certain designated employees are required to file statements of economic interest.

EMPLOYMENT POLICIES

A. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT

The City of Desert Hot Springs is an Equal Opportunity Employer; and as such, provides equal employment opportunities to all applicants and employees without regard to race, sex, color, religion, national origin, age, handicap, marital status, veteran status as a Vietnam era or special disabled veterans, or political affiliation in accordance with applicable state and federal laws. These forms of discrimination are prohibited in all terms and conditions of employment including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.

B. EMPLOYEE HARASSMENT POLICY (Resolution 95-9)

Policy Statement

The City of Desert Hot Springs (the "City") is proud of the City’’’’s tradition of maintaining a work environment in which all individuals are treated with respect and dignity. The City recognizes that each employee has an equal right to enjoy the privileges and benefits of employment which include freedom from sexual harassment, whether verbal, physical or environmental. Accordingly, the City strictly prohibits unlawful harassment. This includes harassment on the basis of sex, race, color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), marital status, or any other protected class under applicable law.

2. Application

a. This policy applies to all phases of the employment relationship, including recruitment, testing, hiring, upgrading, promotion! demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training.

b. This policy applies to all officers and employees of the City, including, but not limited to, full and part-time employees, per diem employees, temporary employees, and persons working under contract for the City.

3. Protected Classifications

The City strictly prohibits unlawful harassment. This includes harassment on the basis of sex, race, color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), marital status, or any other protected classification under applicable law.

4. Harassment Defined

a. Harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual’’’’s sex and/or membership in one of the above-described protected classifications, and;

1. Submission to the offensive conduct is an explicit or implicit term or condition of employment;

2. Submission to, or rejection of, the offensive conduct forms the basis for an employment decision affecting the employee; or

3. The offensive conduct has the purpose or effect of unreasonable interfering with an individual’’’’s work performance or creates an intimidating, hostile, or offensive working environment.

b. Examples of what may constitute prohibited harassment include, but are not limited to, the following:

1. Kidding or joking about sex or membership in one of the protected classifications;

2. Hugs, pats, and similar physical contact;

3. Assault, impending or blocking movement, or any physical interference with normal work or movement;

4, Cartoons, posters, and other maternal referring to sex or membership in one of the protected classifications;

5. Threats intended to induce sexual favors;

6. Continued suggestions or invitations to social events outside the workplace after being told such suggestions

are unwelcome;

7. Degrading words or offensive terms of sexual nature or based on the individual’’’’s membership in one of the

protected classifications;

8. Prolonged staring or leering at a person;

9. Similar conduct directed at an individual on the basis of race, color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), marital status, or any other protected classification under applicable law.

5. Procedure

a. Internal Reporting Procedure

1. Any employee who believes that he or she has been the victim of sexual or other prohibited harassment by coworkers, supervisors, visitors, vendors, or others, should immediately notify any department head or, in the alternative, the City Manager, depending on which individual the employee feels most comfortable in contacting.

2. Additionally, department heads who observe, or otherwise become aware of harassment that violates this policy, have city of Desert Hot Springs

a duty to take steps to investigate and remedy harassment and prevent its recurrence.

b. External Reporting Procedures

Any employee who believes that he or she has been the victim of sexual or other prohibited harassment by coworkers, supervisors, visitors, vendors, or others, may file a complaint with the California Department of Fair Employment and Housing (DFEH).

telephone book.

6.~ Investigation

a. Upon the filing of a complaint with the City, the complainant will be provided with a copy of this policy. The City Manager is the person designed by the City to investigate complaints of harassment. The City Manager may, however, delegate the investigation at his or her discretion. In the event the harassment complaint is against the City Manager, an investigator shall be appointed by the Mayor of the City of Desert Hot Springs, or his or her designee.

b. Charges filed with the DFEH are investigated by the DFEH.

7. Internal Documentation Procedure

a. When an allegation of harassment is made by an employee, the person to whom the complaint is made shall immediately prepare a report of the complaint according to the preceding section and submit it to the City Manager.

b. The investigator shall made and keep a written record of the investigation, including notes of verbal responses made to the investigator by the person complaining of harassment, witnesses interviewed during the investigation, the person against whom the complaint of harassment was made, and any other person contacted by the investigator in connection with the investigation. The investigator’’’’s notes shall be made at the time the verbal interview is in progress.

Any other documentary evidence shall be retained as part of the record of the investigation. Upon completion of the investigation, the results shall be given to the complainant, the alleged harasser, and the City Manager (or the Mayor, in the event the harassment complaint is against the City Manager.)

c. Based on the report and any other relevant information, the City Manager shall, within a reasonable period of time, determine whether the conduct of the person against whom a complaint has been made constitutes harassment. In making that determination, the City Manager shall look at the record as a whole and at the totality of circumstances, including the nature of the conduct in question, the context in which the conduct, if any, occurred, and the conduct of the person complaining of harassment. The determination of whether harassment occurred will be made on a case-by-case basis by the City Manager.

8. Confidentiality

All records and information relating to the investigation of any alleged harassment and resulting disciplinary action shall be confidential, except to the extent disclosure is required by law, as part of the investigatory or disciplinary process, or as otherwise reasonably necessary.

9. Remedies

a. Disciplinary Action

1. If the City Manager determines that the complaint of harassment is founded, the City Manager shall take immediate and appropriate disciplinary action consistent with the requirements of law and any personnel rules or regulations pertaining to employee discipline. Other steps may be taken to the extent reasonably necessary to prevent recurrence of the harassment and to remedy the complainant’’’’s loss, if any.

2. Disciplinary action shall be consistent with the nature and severity of the offense, the rank of the harasser, and any other factors relating to the fair and efficient administration of the City’’’’s operations.

b. In the event a complaint is filed with the DFEH, and the DFEH finds that the complaint has merit, the DFEH will attempt to negotiate a settlement between the parties. If not settled, the DFEH may issue a determination on the merits of the case.

1. Where a case is not settled and the DFEH finds the violation to exist, it can prosecute the charging party’’’’s case before the Fair Employment and Housing Commission (FEHC). Legal remedies available through the DFEH and FEHC for a successful claim by an applicant, employee, or former employee include possible reinstatement to a former job; award of a job applied for; back pay; front pay; attorneys’’’’ fees; and under appropriate circumstances, actual damages and/or administrative fines.

2. In the alternative, the DFEH may grant the employee permission to withdraw the case and pursue a private lawsuit seeking similar remedies.

10. Retaliation

Retaliation against anyone for opposing conduct prohibited by this policy, or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by the City, DFEH or FEHC, is strictly prohibited and may subject the offending person to, among other things, disciplinary action, up to and including termination of employment.

11.Employee Obligation

a. Employees are not only encouraged to report instances of harassment, they are obligated to report instances of harassment.

b. Employees are obligated to cooperate in every investigation of harassment, including but not necessarily limited to:

1. Coming forward with evidence, both favorable and unfavorable, to a person accused of harassment; and

2. Fully and truthfully making a written report or verbally answering questions when required to do so during the

course of a City investigation of alleged harassment.

c. Knowingly, falsely accusing someone of harassment or otherwise knowingly giving false information in any investigation of harassment shall be grounds for disciplinary action, up to and including termination of employment.

12. Right to Appeal Findings

A party disputing a finding or conclusion of the City Manager may appeal to the City Council in a closed session pursuant to Government Code Section 54957.

C. MEDICAL EXAMINATIONS

The City of Desert Hot Springs requires that any new employee undergo a medical examination which includes a mandatory urinalysis drug and alcohol test as a condition of employment. The examinations are performed by a physician designated by the City, at the City’’’’s expense, and the City is responsible for securing the appointment for the employee. The examination will be limited to establishing the applicant’’’’s ability to perform essential job functions. In continued employment with the City, employees may be required to undergo medical or psychological tests to insure that they are capable of performing the responsibilities of their position.

0. DRUG AND ALCOHOL USE POLICY

Job-related drug or alcohol use by City employees will not be tolerated as it creates a risk of danger to the employee and others, and it tends to harm the employee’’’’s productivity and efficiency. Accordingly, job-related use, possession, being under the influence of, selling or giving, or purchasing or receiving drugs or alcohol is strictly prohibited:

1. During working hours (including rest breaks);

2, While on City property;

3. While subject to call for duty;

4. In such other circumstances which tend to directly harm City interest.

For the purpose of this Policy, the term "drugs" means over-the-counter drugs; substances controlled by statute or regulation, such as those available only by prescription of a licensed physician, dentist, or other licensed practitioner; and so-called illegal or "street" drugs, which, when taken, impair the employee’’’’s ability to work without risk or harm to persons, property, or work efficiency. If an employee is using an over-the-counter or prescription drug which may impair his/her ability to perform work safely and efficiently, he/she must report such use to his/her supervisor. The supervisor will place the employee in an alternate position, if available, or on leave of absence until the employee is no longer using that drug.

When a supervisor or manager has reasonable basis to suspect that any employee is using or is under the influence of drugs or alcohol in violation of this policy, that employee may be required to submit to a blood, urine, or other testing or examination designed to detect such use. If the employee refuses to consent and submit to, or fail to otherwise cooperate in the testing/examination process where job-related drug or alcohol use is reasonably suspected, the employee will be subject to discipline, up to and including dismissal.

Finally, the employee should be aware that the City reserves the right to search lockers, storage areas, furniture, City vehicles and other places under the common control of the City and employees, and to enlist the assistance of law enforcement personnel in connection with the enforcement of this policy.

If it is determined by a test, examination, or by other means, that an employee is using or is under the influence of drugs or alcohol while on duty, or otherwise in violation of terms of this policy, the employee will be subject to discipline, up to and including termination of employment.

E. ACCESS TO SUMMARY CRIMINAL HISTORY INFORMATION

The City Manager, and/or appropriate designee, is authorized to have access to state and local summary criminal history information in order to enable him/her to city of Desert Hot Springs

fulfill his/her duties in the employment, supervision and termination of City employees.

Delete Section F as it is covered in VII (C)

F. EMPLOYMENT OF RELATIVES

Close relatives of current employees may be hired~ but the City reserves the right to exercise judgment in cases where close relatives may work together, supervise one another, or have access to sensitive or confidential information. For purposes of this policy, close relative is defined to be mother, father, sister, brother, spouse, child, stepchild, and all in laws within these categories.

This policy does not apply to existing employees who might marry, nor to employees who are already closely related according to the above definition. However, if one such employee is supervised by the other, or is in a position which might potentially create a problem to the City, one or the other may be asked to transfer or resign to comply with this policy.

FG. ELECTED OFFICIALS

A person holding elective office in the City of Desert Hot Springs shall not be employed by the City in any capacity, including but not limited to, regular, reserve, or volunteer status.

GM. TRAVEL AND REIMBURSEMENT POLICY

Travel and business expense policies, rules, regulations, and procedures for the Mayor, City Council, and staff members.

1. Purpose

To establish official rules, regulations and procedures pertaining to the advance payment and/or reimbursement of travel and business expenses incurred by the Mayor, City Council, and other City staff members during the course of their respective participation in, or attendance at, an official City-related function.

2. Policy

a. All City officials shall, to the extent practicable and feasible, make all travel and lodging arrangements pertaining to official City-related functions in a manner that results in the least cost to the City.

b. All City officials are encouraged to make reservations for City-related travel in sufficient time to take advantage of reduced advance airfare and/or reservation rates.

c. All City officials shall, to the extent practicable and feasible, travel by the means most economical to the City. In selecting a particular method of transportation, consideration should be given to the total cost to the City, including overtime, lost work, and actual transportation costs.

d. All City officials shall, to the extent practicable and feasible, take advantage of available travel and lodging discounts, such as governmental rates and special fares when such discounts and special fares present significant savings to the City.

e. All City officials shall, to the extent practicable and feasible, make travel and lodging arrangements that are competitively priced and present significant savings to the City.

f. All City officials shall, to the extent practicable and feasible, carpool and/or travel together, if such travel arrangements present significant savings to the City.

g. For those instances where the City official has combined travel on official City-related business with personal business, only that mileage which directly relates to travel to an official City-related function will be reimbursed.

h. All City officials shall, to the extent practicable and feasible, attend all official City-related functions if they received advanced payment or expect reimbursement for any travel and business expenses pursuant to the policies, rules, regulations, and procedures set forth herein.

I. Any expense for which a City official requests reimbursement shall directly and clearly relate to an official City-related function, and in the event of an audit subsequent to reimbursement, shall leave no question that such expenditure, in fact, did relate and was necessary to the City official’’’’s participation in, or attendance at, an official City-related function.

j. In the event the City official mixes an official City-related function with a personal vacation, personal business, or other personal occasion, the City shall reimburse the respective City official for only that portion of the incurred expenses directly related to the City official’’’’s participation in, or attendance at, the official City-related function.

k. All City officials are encouraged to seek the advice of the City Attorney’’’’s Office prior to accepting any gift of travel or lodging on behalf of the City official in his or her individual or official capacity or on behalf of the City.

I. The City shall only pay for those approved expenses for which budget provisions have been made, or for which special city of Desert Hot Springs provisions have been made by the City Council during the budget year.

m. The City shall only pay for those travel and business expenses which are actual and can be clearly documented. The City shall not pay for any travel expenses to a political event.

3. Application

The rules, regulations and procedures set forth herein shall apply to the Mayor, City Council and all staff members.

4. Definitions

a. "Associated agencies" shall mean the Redevelopment Agency of the City of Desert Hot Springs, The Desert Hot Springs Public Finance Authority, Desert Hot Springs Public Improvement Corporation, and any other entity the City Council may designate as such from time to time.

"City" shall mean the City of Desert Hot Springs.

c. "City official" shall mean the Mayor, City Council members, and all City staff members.

d. "Local travel" shall mean travel to an official City-related function that is within the Coachella Valley.

e. "Non-local travel" shall mean travel to a City-related function outside the Coachella Valley.

f. "Official City-related function" shall mean any event, ceremony, meeting, conference, convention, workshop, class, course, or similar activity which the Mayor has deemed attendance by a City official(s) will be in the best interest of the City or its associated agencies.

g. "Political event" shall mean travel to any event of an overt political activity, whether for a specific political party or person.

5. Implementation Responsibility

The implementation of the policies, rules, regulations, and procedures contained herein shall be the responsibility of the Mayor.

6. Travel Authorization

a. Travel to and/or participation in and/or attendance at an official City-related function by a City official shall be approved by the Mayor or City Manager prior to such travel or attendance in order for such expenses to be reimbursable.

b. Travel to and/or participation at an official City-related function of an ongoing basis, such as periodic meetings of CVAG, CVEP, etc., shall be approved by the Mayor on an annual basis and is implicit with the appointment.

Budget

Each City official shall not incur travel and/or business expenses in an amount that exceeds any applicable City Council-approved itemized budget limits.

8. Reimbursable Expenses

a. Transportation Costs: The following costs are reimbursable.

1. Personal Automobile Mileage for Non-local Travel. Reimbursement shall be at the established Internal

Revenue Service reimbursement mileage rate for the applicable tax year, provided that the total reimbursement amount does not exceed the sum of the round-trip cost of coach air travel between a local airport and the destination of the official City-related function and the cost of transportation to and from the respective airports.

2. Personal Automobile Mileage for Local Travel. The Mayor and each Council member shall receive a monthly automobile allowance for alt travel within the Coachella Valley (Mayor $350.00; Council $250.00). Staff will be reimbursed at the mileage rate established by the Internal Revenue Service.

3. Coach Class Air Travel. Reimbursement shall be made for coach air travel provided that the cost of such air travel is competitive with other passenger airlines’’’’ coach air fares.

4. Rail Travel. Reimbursement shall be made for coach rail travel provided that the cost of such rail travel is competitive with other coach rail travel fares.

5. Taxi Service. Charges for taxi service are reimbursable provided that such transportation is the most economical, practicable, and efficient mode of transportation available under the circumstances.

6. Shuttle Service. Charges for shuttle service are reimbursable provided that such transportation is the most economical, practicable, and efficient mode of transportation available under the circumstances.

7. Bus Fare. Charges for bus service are reimbursable provided that such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances.

8. Vehicle Rental. Charges for vehicle rental are reimbursable provided that such transportation is the most economical, practicable, and efficient mode of transportation available under the circumstances.

9. Limousine and Other Luxury Transportation Services. Charges for limousine and other luxury transportation services are reimbursable provided that such transportation is the most economical, practicable and efficient mode of transportation available under the circumstances.

i. Out of Pocket Expenses Related to Use of City-Owned Vehicles. Reimbursement for fuel and other out-of-pocket expenses incurred as a result of the use of a City-owned vehicle is permissible provided that use of a City-owned vehicle is the most economical, practicable~ and efficient mode of transportation available under the circumstances.

ii. Chartered Travel. Use of chartered travel shall be reimbursable provided that such transportation is the most economical, practicable, and efficient mode of transportation available under the circumstances.

b. Vehicle Parking and/or Vehicle Storage Expenses. Reasonable charges for parking and/or storing shall be reimbursable parked or stored in connection with the City official’’’’s participation in and/or attendance at an official City-related function.

c. Lodging Costs. Lodging shall be obtained at the most economical rate available for safe, clean, and convenient accommodations. Cost for lodging shall be reimbursable provided that such lodging is within the general area of the site of the official City-related function and such costs do not exceed any available governmental rates at the same facility of 15% of the cost of other comparable available lodging within the general area of the site of the official City-related function.

d. Meals. City Council and management employees will be given a daily allowance of $70.00 for meals (breakfast $15, lunch $20, dinner $35) consumed in connection with the City official’’’’s participation in and/or attendance at an official City-related function, and any reasonable gratuities related thereto. Except that, if meals are included in courses, seminars and conferences, the daily rate should be adjusted accordingly.

e. Telephone and Other Communication Charges. Additional expenses incurred as a result of necessary communication with City of Desert Hot Springs

family, friends and/or business associates by telephone or facsimile whether for business or personal purposes from a location remote from the City official’’’’s residence or business, shall be reimbursable provided that such expenses are deemed reasonable under the circumstances.

f. Materials. Reasonable expenses for materials needed in connection with the City official’’’’s participation in and/or attendance at an official City-related function shall be reimbursable.

g. Travel Incidentals. Reasonable expenses for travel incidentals, such as travel-size toothpaste, grooming essentials in reasonable quantities, maps, travel guides, etc., shall be reimbursable.

h. Tips. Reasonable expenses for tips and gratuities for services, other than food service, shall be reimbursable if paid in connection with hotel and/or transportation services. Registration Fees. Fees charged for a City official’’’’s participation in and/or attendance at any official City-related function shall be reimbursable.

j. Entertainment. Reasonable expenses for entertainment incurred during participation in and/or attendance at an official City-related function shall be reimbursable.

9. Non- Reimbursable Expenses

a. Spouse or Guest Travel and/or Attendance. Expenses incurred by a spouse or guest of a City official in connection with the City official’’’’s travel to and from and/or participation in and/or attendance at an official City function shall not be reimbursable

b Non-Official City-related Functions Expenses incurred in connection with travel to and from and/or participation and/or attendance at a function that does not qualify as an "official City related function" as described herein shall not be reimbursable

c Unreasonable Lodging Costs That portion of expenses for lodging at a motel, hotel, bed and breakfast, or other such type of establishment that exceed the governmental rate available at the same establishment, or 15% of the average cost of comparable available lodging within the general area of the site of the official City-related function shall not be reimbursable

d Traffic Violations and Parking Tickets The City shall not pay for any traffic violation fines or parking fines.

e  Local Meals. No meal expenses shall be reimbursed for local participation unless expressly authorized by the Mayor.

10. Advanced Funds

a. All City officials may submit a request for "advanced funds" in such amounts as may be approved by the Mayor to cover the costs of travel, lodging or any other goods or services described herein in connection with the City official’’’’s anticipated participation in and/or attendance at an official City-related function.

b. All requests for advance payments must be submitted at least five (5) days prior to the intended date of departure.

c. Advance payments do not constitute approval to spend the entire amount advanced.

. An expense report must be submitted to reconcile advances after any travel is completed.

Reimbursement & Payment Procedures

a. Within ten (10) business days commencing with the first full business day after the City official returns home from the respective official City-related function, he or she must reconcile all amounts pursuant to 10 on the forms provided by the Finance Department.

b. If the actual costs and expenses incurred by the City official exceed the amount advanced pursuant to 10, the City official must submit a reimbursement request on the form provided by the Finance Department in order to receive reimbursement for the difference.

c. If the actual costs and expenses incurred by the City official are less than the amount advanced pursuant to 10, the City official must render payment to the Finance Department by check, money order, or cashier’’’’s check payable to the City of Desert Hot Springs.

d. No City official shall be entitled to any interest on any outstanding amount which the City may owe to such City official if the City official fails to submit a reimbursement request within the requisite time period set forth herein.

e. All expense reports and reimbursement requests must be accompanied by receipts or other such documentation explaining the absence of such.

12. Credit Card Expenditures

a. City officials shall not use the City’’’’s credit cards for any non-City related purpose.

b. City officials shall reconcile all City credit card accounts, which they have charged expenditures against, within 10 days after receipt of billing statement by City official.

13. Cancellations

Cancellations of advance reservations that result in the expenditure of City funds will be reviewed on a case-by-case basis to determine whether the City official will be held responsible for reimbursement of that cost to the City.

14. Gifts

a. All gifts of travel, lodging, or other services described herein shall be reported to the City office which maintains the records of the City’’’’s statements of economic interests.

b. All "free" travel (i.e., "bonus miles", "frequent flyer miles", "friends fly free", other promotional items, etc.) lodging (i.e., "free weekend pass", "next night free", other promotional items, etc.) and/or other services received as additional consideration for payment of such travel, lodging or other services at their normal prices shall be the property of the City.

15. Exemptions

Disputed expenditures may be brought to the City Council for resolution.

16. Interpretation

The Mayor shall decide all questions of interpretation of the policies, rules, regulations, and procedures set forth herein as they relate to City Council travel. The City Manager shall decide all questions of interpretation of the policies, rules, regulations and procedures set forth herein as they relate to City staff.

HI. RECRUITMENT AND SELECTION

A. ANNOUNCEMENT

The City normally publicizes examinations for open positions in the classified service using the method or methods deemed appropriate. However, the City Manager, or designee, may direct the use of special recruiting techniques if deemed to be in the City’’’’s best interests. Recruiting announcements specify the title and pay of the announced position, the nature of the position’’’’s work, essential job functions, desirable qualifications, and other information the City deems important. The Director of Human Resources has the discretion to begin open recruitment outside City employ when he/she knows that the City does not have employees with the required knowledge or skills.

B. APPLICATION FORMS

The application form requires information covering the applicant’’’’s training, experience, and other pertinent information to the position applied for. The application may require physical examination certificates, references, and fingerprints. The applicant must sign all forms and verify the validity of the application, and must also complete all the forms required by the Immigration Reform Act of 1986. The City Manager may require additional information to be submitted, including, but not limited to, a resume.

C. DISQUALIFICATION

The City Manager can reject any application which indicates that the applicant does not possess the desirable qualifications required for that position. Applications may be disqualified if the applicant lacks the physical or psychological ability to perform the job applied for and no reasonable accommodation can be made for the disability. Applicants may be disqualified for other legitimate reasons including, but not limited to, the applicant abuses drugs or alcohol such that workplace safety or efficiency are threatened, or the applicant has made false statements of any material fact, or practiced any deception or fraud in the recruitment application process.

D. CRIMINAL CONDUCT-INELIGIBILITY FOR EMPLOYMENT

The applicant may be le disqualified if he or she has been convicted of a felony, or has pleaded guilty or "nolo- contendere" to a felony, but the City Manager may choose to disregard this if certain mitigating circumstances exist. These circumstances surrounding the classification of work for which the person is applying; the nature and seriousness of the offense; the circumstances surrounding the conviction; the length of time elapsed since the conviction; the age of the applicant at the time of the offense; and the presence or absence of efforts to rehabilitation; and any contributing social or environmental conditions.

E. EXAMINATION PROCESS

The selection techniques used in the examination process are impartial and are intended to measure the abilities of the persons examined to execute the duties and responsibilities of the position applied for. The examinations may include, but are not limited to, achievement and aptitude, written, oral, physical performance, medical and psychological tests, personal interviews, work samples, completion of training, and evaluations of daily work performance. The probationary period is considered part of the examination process.

EMPLOYMENT LISTS

After completion of an examination, the Director of Human Resources City Manager will may prepare and maintain an active employment list consisting of the names of the candidates who qualified in the examination including their ranking. Employment lists will remain in effect for a period of up to six (6) months, unless the City Manager can declares an active list "exhausted".

G. PROBATIONARY PERIOD

A charged during the probationary period from a position he or she was promoted to may be reinstated to his or her old position or a comparable position provided a vacancy exists. If one does not, the employee will be placed on a re-employment list. If, however, an employee is released during this period for cause, the employee has no right to reinstatement. The probationary period will be considered part of the selection process, and is a time when the employee’’’’s supervisor is able to closely observe the employee’’’’s work for securing the most effective adjustment to his or her new position. An employee who successfully completes the probationary period achieves regular status in his/her class and is known as a regular employee.

IV. TYPES OF APPOINTMENTS

The following types of appointments may be made:

A. REGULAR EMPLOYEES

A regular employee is one who has completed a probation period and is employed full-time. Full-time employment is forty (40) hours per week.

1. Exempt Employees: This category represents employees whose positions meet specific tests established by state or federal law and who are exempt from overtime.

2. Non Exempt Employees: This category refers to employees whose job classifications do not meet federal or state tests fm exemption and therefore are eligible for overtime.

B. EXEMPT REGULAR EMPLOYEES (revised 5i1i93)

The following positions are classified as Exempt Regular Employees:

1. City Manager

2. City Clerk

3. Director of Finance

4. Director of Public Works

5. Director of Community Safety

6. Director of Planning Director of Senior Services

Other positions may be added by due to level recommendations of the City Manager. These positions are of responsibility, management duties, and degree of confidentiality of the at the will and pleasure of the its Manager who serves shall at the will and Other positions may be added by due to level recommendations of the City Manager. procedure.

BC. SEASONAL EMPLOYEES

Seasonal employees are appointed in the same manner and are subject to the same procedure as regular employees, except that they serve at the will and pleasure of the City Manager and may be terminated without cause or justification, right of appeal, hearing, or grievance procedure. Seasonal employees do not participate in the City’s benefits programs. shall not be entitled to any fringe benefits other than Workers’’’’ Compensation Insurance, Social SecUnty (F.l.C.A.) and Unemployment lnsurance7CD. STUDENT APPOINTMENTS

Student appointments have the purpose of affording students of public administration and other professional areas of opportunity to gain actual work experience. Such appointments require the approval of the City Manager and do not participate in the City’’’’s benefits programs. shall not be eligible for fringe benefits ether than Workers’’’’ Compensation Insurance, Social Security (F.I.C.A.) and Unemployment Insurance. Student employees serve at the will and pleasure of the City Manager and may be terminated without cause or justification, right of appeal, hearing, or grievance procedure.

DE. TEMPORARY APPOINTMENTS

In order to prevent stoppage of public business or serious inconvenience to the public, appointments may be made temporarily for a definite period of time, to be established by the City Manager, at time of appointment, and can be either full-time or part-time, exempt or non-exempt. The full-time (exempt or non-exempt) temporary employees do are not participate in the City’’’’s benefits programs. eligible for fringe benefits other than Workers’’’’ Compensation Insurance, Social Security (F.l.C.A.) and Unemployment Insurance. Part time Temporary employees serve at the will and pleasure of the City Manager and may be terminated without cause or justification, right of appeal, hearing, or grievance procedure.

EG. PROMOTIONAL PROBATIONARY EMPLOYEES

1. Duration Promotional Appointments

Promotional appointments shall be tentative and subject to a probationary period of six (6) months. This probationary period is for the new position only and distinct from the probationary period served during the first six (6) or twelve (12) months of employment with the City. The City Manager may extend a promotional probationary period for up to six (8) months. During this time, all benefits accrue as of the time the promotion was offered. The probationary period is a period of assessment of capabilities for the position to which the employee was promoted.

2. Promotion Rescission

At any time during the probationary period of the promotional appointment, the City Manager may reinstate the employee to a position in the class occupied by the employee immediately prior to his/her promotion without cause and without right of appeal or hearing.

FM. BENEFITS

Except as otherwise provided in these personnel rules, during the first six months of employment, full-time employees shall accrue, but may not take, annual leave vacation pay and shall asrue, but may not take, sick leave. Otherwise, full-time employees shall be entitled to holidays and all fringe benefits from the date of hire.

V. COMPENSATION POLICY

A. COMPENSATION

The compensation plan includes the basic salary schedule as adopted by the City Council and subsequent amendments thereto, and the assignment of the various classes of positions to the appropriate ranges in the salary schedule.

B. MAINTENANCE OF THE COMPENSATION PLAN

The compensation plan is intended to provide fair compensation for all classes of employees. Adjustments to the compensation plan shall be recommended by the City Manager and approved by the City Council.

C. SETTING SALARIES

All salaries and compensation of officials and employees of the City shall consist of their regular salary and compensation as set forth in the City’s adopted annual fiscal budget or as approved by the City Council by separate resolution. The City will meet and confer regarding changes to salary rates or ranges affecting employees represented by a recognized employee organization.

D. PAYMENT OF SALARIES

Salaries shall be paid upon demands audited and allowed by the City Manager, with the exception of the City Attorney, who will be paid monthly upon demands regularly audited and allowed by the City Manager. Salaries can be adjusted and amended in excess of that shown in the budget throughout the fiscal year upon recommendation of the City Manager and approval of the City Council.

E. PAY PROCEDURE

Check disbursement for City employees occurs on a biweekly basis will be biweekly on Fnday's of the month. No advance disbursement of checks will be~ allowed without the City Manager’’’’s approval. Checks are given out only to employees unless they authorize verbally and in writing that it can be given to another individual. If employees are unable to pick up their checks, they may make arrangements with the payroll department to have the checks deposited in their bank accounts. Employees who work overtime must have prior approval by their department head and the City Manager. Such approval shall be documented on a Personnel Action Form. This form must accompany all overtime payments to employees.

F. WORK HOURS

Employee’’’’s standard work week consists of forty (40) hours in a seven (7) consecutive day period for all departments. Employee paid leave vacation sick leave will be at the actual time not worked in the eight (8) hour work day. The standard work day for City employees represents the time of duty that they are regularly scheduled to work during a twenty-four (24) hour period commencing from the start of the employee’’’’s assigned shifts.

G. OVERTIME

The City of Desert Hot Springs discourages overtime except when it is necessary under abnormal or unanticipated work load situations. All overtime must be approved by the department head and City Manager. Such approval must be documented by using a Personnel Action Form. Payment for overtime will be made on the first regular payday following the pay period in which the overtime was worked. Overtime is defined as actual hours or increments of not less than fifteen (15) minute increments and shall be non-accumulative and non-payable when incurred in increments of less than fifteen (15) minutes. Compensatory time off at time-and -one-half used in lieu of cash payment may be allowed for all authorized overtime upon mutual agreement of the department head and the employee. Compensatory time cannot be accrued beyond the end of the Fiscal Year in which the compensatory time was earned. Compensatory time will be allowed by the department head only if the absence of the employee does not cause a hardship to the operations of the City. The compensatory time off and overtime provisions of this section shall not apply to exempt positions which regularly require attendance at numerous extra-hour meetings and conferences. Upon approval of the City Manager, these employees shall be granted a maximum of eighty (80) hours of administrative leave per year. The City may agree to buy back any time exceeding forty (40) hours at the end of the fiscal year. The City Manager may grant compensatory time off to any City employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration.

H. ANNIVERSARY DATE

The anniversary date shall be the date of hire. When an employee is promoted, the effective date of that action is the new anniversary date for the purpose of performance reviews and compensation.

IV. PERFORMANCE EVALUATIONS

A. Every employee of the City shall receive an annual evaluation of their job performance on their anniversary date or reasonably soon thereafter. Every probationary employee shall receive an evaluation of their job performance at the end of their probationary period or reasonably soon thereafter. Results of the employee’’’’s current performance review will be used to determine salary-adjustments on the employee’’’’s anniversary date. Employees whose work performance is satisfactory will be eligible for advancement to the next higher step (not to exceed the maximum) of the assigned salary range. Employees who receive a less than satisfactory rating may no be eligible for salary advancement. For any less than satisfactory evaluation it will be the responsibility of the department head to prepare an employee performance improvement plan as part of the evaluation. Beth the regular employee and the employee completing a probationary period are eligible for a step increase in their payroll range. A step increase is not considered automatic at the time of an evaluation-Performance evaluations shall be used for the following purposes:

1. For commending the employee for work well done, or particularly strong performance, and for pointing out areas of job performance that need improvement.

2. For identification of training needs and career aspirations, for identifying what additional training employees believe they need for their present job and for the next job, and for providing an opportunity for supervisors to discuss with employees areas where they think additional training would be helpful.

3. For establishing performance goals and objectives so that employees have a clear understanding as to what is expected of them and so that performance can be objectively evaluated.

4. For future promotions and job transfers where the competition for a promotion or transfer is between two or more qualified individuals.

5. For disciplinary documentation to record failure to meet established performance objectives or behavioral standards (chronic tardiness, excess absenteeism, etc.).

6. For eliciting employee suggestions for improvements to the work environment, work flow, productivity, etc.

VII. EMPLOYEE RESPONSIBILITIES

A. CONDUCT

All employees are expected to conduct themselves in an appropriate and pofessional manner for the circumstances in which they are working. Misconduct wilt not be tolerated and may lead to discipline and/or termination. While it is impossible to identify every type of misconduct, infraction, or performance problem that can result in discipline, the following is a list of typical violations of City rules and regulations, but these are only examples:

1. Unauthorized, unexcused and/or repeated absence or tardiness.

2. Failure to report absences from work or failure to return immediately from authorized leave.

3. Failure to follow the instruction of a supervisor, manager, or other proper authority.

4. Disorderly conduct on City premises or while on duty elsewhere, such as, but not limited to, fighting and use of abusive or threatening language.

5. Possession, use, receiving, distributing, or being under the influence of alcoholic beverage, or drugs.

6. Falsifying or altering City records, including, but not limited to, employment, medical, paycheck, job cards, request for employee benefits, and permitting one’’’’s timecard to be recorded by another employee.

7. Thefts of, or harm to, City or personal property.

8. Dishonesty of any type.

9. Violation of safety rules.

10. Unauthorized removal of City documents, records, or other property.

11. Immoral or indecent conduct.

12. Negligent or careless performance of duties.

13. Failure to maintain proper standards of efficiency, quality, workmanship or production.

14. Unauthorized posting of literature, poster, handbills, petitions or any other notices on City premises.

15. Failure to observe work schedules or assignments.

16. Unauthorized personal use of City phone or other City property.

17. Unauthorized departure from job, department or City premises.

18. Engaging in or failure to withdraw from outside activities or interests which conflict with, detract from, or adversely affect the interest of the City.

19. Loitering or sleeping on the job.

20. Gambling on City premises or while on duty elsewhere.

21. A personal appearance or mode of dress that is unconventional to the point of being a determent to the business environment of the City.

22. Allowing unauthorized individuals to ride in City vehicles.

B. POSITION RECLASSIFICATION

If the scope or type of duties which a regularly classified employee is performing is classified higher for the position involved, then the City Manager may approve of a change in an employee’’’’s classifications without examination.

C. CONFLICT OF INTEREST (Resolution =95-30)

1. Purpose of the Policy

The City desires to avoid situations in which actual or potential conflict of interest may exist. Further, in order to promote the efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security and morale, and possible claims of sexual harassment, the City has developed the following policy and establishes guidelines to implement these goals.

a. Employment of Relatives

Relatives of current employees will not be eligible for employment with the City in any situation where potential problems of supervision, safety, security or morale exist or where close personal relationships may create an actual or potential conflict of interest, cause disruption, or create a negative or unprofessional work environment. For purposes of this policy, relatives include an employee’’’’s parent, child, spouse, brother or sister, or a stepparent, stepchild, stepbrother or stepsister. Relatives also include any parent, child, brother or sister of an employee’’’’s spouse. If two employees become subject to the restrictions of this policy after they are hired, one or both of the employees must seek a transfer or reassignment that eliminates the actual or potential conflict of interest as specified in this policy. For example, if two employees marry, or become related, and the potential problems noted above exist, only one of the employees will be permitted to stay within the same department or shift. The decision as to which of the individuals will remain within the department and/or with the City must be made by the two employees within two (2) months. The City will assist in attempting to resolve the conflict by transfer or reassignment; however, if there is no practical resolution duning this time, the least senior employee will be terminated.

b. Actual or Potential Conflicts

Situations of actual or potential conflicts of interest are to be avoided by all employees. Personal or romantic involvement with a competitor, supplier, or subordinate employee of the City, which impairs an employee’s ability to exercise good judgment on behalf of the City, creates an actual or potential conflict of interest.

c. Supervisory Personnel

Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possibly claims of sexual harassment and morale problems. The City desires to avoid misunderstandings, complaints of favoritism, security problems, and employee dissension problems that can potentially result from personal or social relationships involving managerial and supervisory employees of the City. Accordingly, managers, supervisors and department heads need to be aware that becoming romantically involved with any subordinate employee in their chain-of-command is strictly prohibited.

d. Other Conflicts and Potential Conflicts

The City reserves the right to determine that other relationships that are not specifically delineated in this policy represent actual or potential conflicts of interest as well.

2. Avoiding Actual or Potential Conflicts

In any case where the City determines that a relationship between two employees presents an actual or potential conflict of interest, the City, after consultation with the City’’’’s Legal Counsel, may take any action it determines to be appropriate to avoid the actual or potential conflict of interest. Such action may include, but is not necessarily limited to, transfers, reassignments, changing shifts, or where it deems such action appropriate, disciplinary action up to and including termination.

3. Disclosure

An employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his/her immediate supervisor or department head. The supervisor or department head will notify the City Manager and they will evaluate the situation and make a determination as to whether a potential or actual conflict exists. If an actual or potential conflict is determined, the City may take whatever corrective action appears appropriate according to the circumstances.

4. Questions Concerning the Policy

Any questions regarding this Conflict of Interest Policy should be directed to the City Manager and/or Director of Human Resources.. All employees should also remember that the City maintains a strict policy against unlawful harassment of any kind, including sexual harassment.

0. RECORDING OF WORK HOURS

All employees are responsible for assuring that their time sheets are completed for each day worked and are signed and returned to their department heads for review and processing for the time requested for each pay period. All entries on the time sheets will be in ink. Time sheets that are not received by the designated deadline, or time sheets that have been improperly completed and signed, will not be processed.

E. SAFETY AND INJURY

The City of Desert Hot Springs provides a safe and effective working environment for each of its employees, but it does also recognize that accidents may occur. Because of this possibility, it is the City’’’’s policy to inform employees that they are responsible for notifying all accidents to the proper personnel. Accidents involving City equipment, vehicles, or any accident causing damage to any personal property involving City personnel must be reported by filing a written statement with the City Manager within twenty-four (24) hours of the accident, or the next work day if the accident occurs on a weekend or holiday. The statement must include date, time, what happened, location, parties involved (if known) and all other pertinent information. Employees should report any job related injuries to their immediate supervisor within 24 hours, so that the necessary Workers’’’’ Compensation forms may be completed within 24 hours in accordance with Workers’’’’ Compensation timelines.

F. ATTENDANCE

All City employees have the responsibility to be at work in accordance with the rules regarding hours of work, leaves of absence and holidays. Each department is responsible for keeping daily attendance records and completion of appropriate documentation each department reports employee absence to -the City Manager. If any employee is absent without leave, he or she shall be subject to the disciplinary process. 

Immediate termination.

Tardiness and absenteeism are problems for any city because when an employee is late or absent, he or she cannot share his or her part of the work load. While some tardiness or absences may be unavoidable, unjustified or excessive tardiness or absence will not be tolerated. If an employee will be late or absent, the employee must contact his or her supervisor directly no later than 30 minutes before the employee is to report to work. By giving at least a 30 minute notice, the City is better able to compensate for the employee’’’’s absence. Absences on Monday, Friday, or work days immediately before or after a holiday will be closely scrutinized by management.

G. CITY VEHICLES

In order to insure all City employees’’’’ safety and the safety of others, the City of Desert Hot Springs requires that all employees are prohibited from smoking while operating or while riding in City vehicles, and each person in the vehicle must wear seat belts at all times while operating or riding in City vehicles. Employees who drive City vehicles are, under separate policy, required to follow the City’’’’s Cellular Phone and Vehicle Usage policies. Acknowledgments of these policies will be maintained in the employee’’’’s personnel file. Failing to adhere to these requirements will result in disciplinary action against the employee or employees in queestion. The driver of the vehicle in which a passenger is violating City policy may be held responsible and may be subject to disciplinary action. Use of City vehicles are for City business only. Personal use of any City vehicle is prohibited.

All City employees who operate a City vehicle during the course of their work duties must obtain, or already have in their possession, a valid California drivers license and must maintain a good driving record and eligibility for insurance coverage under terms acceptable to the City.

. SMOKING POLICY

The City of Desert Hot Springs has adopted a policy prohibiting smoking in certain City-owned facilities in order to better provide a healthy, productive work environment for its employees. The act of smoking has been defined for employees which will help them better understand provisions of the City Council’s action. Smoking is defined as the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Smoking is prohibited in all City buildings which includes the City Council’’’’s chambers, City Hall/Police Department, the Senior Center, all park and recreation buildings, and alt buildings at the corporation yard. "No Smoking" signs, the International "No Smoking" symbol, and the citing of Desert Hot Springs City Ordinance 86-5 will be clearly posted in every building or places where smoking is prohibited by this policy. The City Manager, or his or her designees, will serve as the administrators of this policy. Any complaint must be registered with the City Manager or the designee. Any violation of this policy will result in disciplinary action.

OUTSIDE EMPLOYMENT

An individual’’’’s employment with the City of Desert Hot Springs is considered their primary source of employment. As such, the City disallows the performance of any outside employment that requires:

1. Employment with the City of Desert Hot Springs as a prerequisite.

2. Any employment where the nature of work to be performed poses a conflict of interest.

3. Any employment that renders an employee less able, actually or potentially, to perform his or her duties for the City effectively and efficiently. All outside employment shall be submitted to the City Manager, or designee, for his/her determination.

J. APPEARANCE AND DEMEANOR

All City employees have the responsibility to look their best at all times and to dress according to their job duties and in a manner that will not cause them or other employees to be unable to perform up to department specifications. All employees are expected to use responsible judgment when choosing appropriate work- athire. Behavior towards cc workers and the general public is an essential component of successful job performance. It is necessary to always behave in a manner that reflects the authority and trust of a City employee.

Dress Standards:

Employees are asked to use good sense with regard to their dress and appearance. Clothes that can be stunning in one setting can be totally inappropriate for the workplace.

Office Personnel are expected to wear clothing which may, on occasion, be casual, but should still retain a business-like look. Examples if inappropriate attire include:

T-shirts Tank tops, halter tops, midriff or tube tops, spaghetti straps Sweatshirts, sweat pants, jogging clothes or leggings Clothing that is too tight, too revealing, low necklines and low cut pants which expose midriff skin. Slippers, bare feet, flip-flops, any shoes that prohibit safe movement Ripped or dirty appearing clothing (even if it is in "fashion") Field Personnel are expected to be neat, clean, and give full attention to appropriate safety and appearance of clothing. Uniformed Personnel will wear City supplied uniforms while on duty only and will present a clean and professional image.

K. POLITICAL ACTIVITY

City employees are prohibited by the City of Desert Hot Springs from undertaking any unlawful political activity. These employees, when dressed in the required uniform of any City department, while conducting City business, or during their regular working hours, are prohibited from:

1. Seeking or accepting election, nomination, or appointment as an officer of a political club or organization.

2. Serve as a member of a committee of such a club, organization, or circle.

3. Taking an active part in any political campaign.

4. Seeking signatures to any petition provided for by law.

5. Acting as a worker at the polls.

6. Distributing badges, pamphlets, dodgers, handbills, or items of any kind favoring or opposing any candidate for election or nomination to any public office.

City employees may be limited on their ability to serve on any political body or advisory commission or board that has or may have negotiations, transactions, or agreements with the City of Desert Hot Springs. Therefore, before accepting such position, the employee shall discuss the matter with the City Manager. Employees should be reminded that these provisions are not intended to prevent employees from practicing their political freedoms, and that their status as an applicant or employee will not be discriminated against because of their political opinions or affiliations. Any violation of this section may lead to disciplinary action.

L. CITY EQUIPMENT

Personal use of City equipment is strictly prohibited without the express written approval of the City Manager or his/her designee. Failure to secure this written approval may result in disciplinary action.

M. DISCIPLINARY ACTION

1. Standards of Conduct: All employees are expected to adhere to the standards of conduct set forth in these Rules and Regulations, including but not limited to, those set forth in Section A of Rule VII of these Rules and Regulations. Each department also may establish standards required by department operations, provided such standards do not conflict with rules established by the City Council and/or City Manager.

2. Applicability of these Procedures. These procedures apply to regular employees as that term is defined by Section A of Rule IV of these Rules and Regulations. The rules for disciplinary action, including dismissal of other classifications of employees are set forth in Sections B-G of Rule IV of these Rules and Regulations.

3. Non-applicability of Grievance Procedures. The grievance procedures set forth in Rule IX of these Rules and Regulations shall not apply to employee discipline matters.

4. Discretion in Disciplinary Action's). The City Manager, department head and/or supervisor may exercise his or her discretion in applying discipline appropriate to the employee’’’’s conduct and employment record.

5. Permitted Disciplinary Actio_n11). Any one or combination of the following disciplinary actions may be taken against an employee for conduct described in Section A of Rule VII of these Rules and Regulations, violations of standards set pursuant to Section 1 above, or any other just cause:

Oral Admonishment Reduction of Salary

Written Reprimand Demotion

Restitution Dismissal

Suspension Without Pay

6. Oral Admonishment. When necessary, oral admonishment's) should be given in private. The supervisor should include in the admonishment a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. An employee may not appeal an oral admonishment. A supervisor may retain a written record of an oral admonishment, but any such record shall not be a part of an employee’’’’s personnel file.

7. Written Reprimand. A written reprimand may be given to an employee for a continuing or serious problem. The reprimand should take the form of a memorandum and should include a factual statement of the reason for the reprimand. The memorandum should be given to the employee in private. The supervisor should explain appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A copy of the reprimand shall be sent to the City’’’’s Human Resources Department for placement in the employee’’’’s personnel file. The employee may respond to the reprimand in writing and have the response placed in his or her personnel file. Such a response must be submitted to the City’’’’s Human Resources Department within ten (10) working days of the employee’’’’s receipt of the reprimand. An employee may not otherwise appeal a written reprimand.

8. Restitution. Any employee who willfully, maliciously, recklessly or wantonly destroys or cause or permits damage to City property may be required to make restitution to the City for the expense and costs sustained by the City from such action's). An order of restitution which imposes restitution in an amount greater than two days pay may be appealed pursuant to Paragraph 15 below. An employee who refuses to make restitution when ordered to do so under this provision may be subject to additional disciplinary action(s).

9. Compensation Without Pay for Five (5) Days or Less. When, in the opinion of a department head, circumstances warranty a suspension of five (5) days or less may be imposed informally, with the City complying with the formal, pre-disciplinary procedures set forth in Paragraph 14 below. Prior to the imposition of such discipline, the department head shall explain appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A written record of the discipline shall be prepared not later than five (5) working days after the discipline is imposed and shall be provided to the employee as soon as practicable. The written record of the discipline should take the form of a memorandum and should include a factual statement of the reason for the suspension. A copy of the written record of the discipline shall be sent to the City’’’’s Human Resources Department for placement in the employee’’’’s personnel file.

a. The employee may respond to the suspension in writing and have the response placed in his or her personnel file. Such a response must be submitted to the City’’’’s Human Resources Department within ten (10) working days of the employee’’’’s receipt of the reprimand.

b. In lieu of submitting a written response to the City’’’’s Human Resources Department, the employee may submit a written appeal to the City Manager. Such an appeal must be submitted to the City Manger’’’’s office within ten (10) working days of the employee’’’’s receipt of the written record of the suspension. The City Manager shall review the suspension and, in his or her sole discretion, may meet with the employee and/or department head in the course of the review. The City Manager shall issue a written determination regarding his or her review not later than fifteen (15) working days after his or her receipt of the employee’’’’s appeal. An employee may not otherwise appeal a suspension of five (5) days or less.

10. Suspension Without Pay for Six (6) or More Days. When an employee’’’’s conduct has been continuous and repeated, or lesser penalties have proven ineffective, or a lesser penalty would be inadequate, a department head may impose a suspension without pay of six (6) days or more. In such a case, the department head must comply with the pre-discipline notice requirements set forth in Paragraph 14 below. Thereafter, the employee may appeal the suspension in accordance with the procedures set forth in Paragraph 15 below.

11. Reduction in Salary. In lieu of, or in addition to other forms of discipline when the circumstances warrant it, a department head may impose upon an employee a reduction in his or her salary which may take the form of movement to a lower step on the employee’’’’s present salary range or to a lower salary range. The reduction in salary may be for a limited duration or permanent, as specified by the department head. In such a case, the department head must comply with the pre-discipline notice requirements set forth in Paragraph 14 below. Thereafter, the employee may appeal the reduction in salary in accordance with the procedures set forth in Paragraph 15 below.

12. Demotion. In lieu of, or in addition to, other forms of discipline, when the circumstances warrant it, a department head may demote an employee to a lower classification. In such a case, the department head must comply with the pre-discipline notice requirements set forth in Paragraph 14 below. Thereafter, the employee may appeal the demotion in accordance with the procedures set forth in Paragraph 15 below.

13. Dismissal. When an employee’’’’s conduct has been of a continuous nature, uncorrected by previous discipline, or is of such a nature as to render further employment not in the City’’’’s interest(s), or for other good cause, a department head may dismiss an employee to a lower classification. In such a case, the department head must comply with the pre-discipline notice requirements set for in Paragraph 14 below. Thereafter, the employee may appeal the dismissal in accordance with the procedures set forth in Paragraph 15 below.

14. Pre-Disciplinary Procedures for Certain Disciplinary Actions. A regular employee being considered for a suspension of six (6) days or more, a reduction in salary, a demotion or dismissal shall be provided the following due process prior to the imposition of such disciplinary action.

a. Written Notice. The employee shall be given written notice of the proposed disciplinary action, which should occur in private. The notice shall include the proposed action, the intended effective date, the specific reason(s) for such action, the charges upon which the action is based and the grounds and/or factual circumstances that support the charges. The notice also shall include copies of all supporting documentation upon which the department expects to rely. The employee also is entitled to access to and, if practicable, copies of any other materials on which the charges are based. The employee’’’’s right to respond orally or in writing, the right to respond in person or through a designated representative, the time period in which the response should be made, and to whom and where it should be made, shall be specified in the notice.

b. Employee Response. An employee is entitled to a reasonable amount of time, not to exceed ten (10) days, to respond to the notice of proposed disciplinary action. An extension of time may be granted to the employee within the aforementioned ten (10) day period if the employee can demonstrate the need for such an extension to the department head. Should an employee respond, the department head, or his or her designee, shall consider the response in reaching a decision regarding the discipline to be imposed. The employee is entitled to respond in writing or orally, or through a designated representative or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be an adversarial proceeding. The employee may not cross-examine the department’’’’s witnesses, nor present a formal case to support his or her response. The employee shall be given an opportunity to make any representations which he or she believes might affect the decision regarding disciplinary action. Any time extension(s) must be mutually agreed upon. If the employee fails to respond within the specified time, the department head, or his or her designee, may announce his or her decision in accordance with the provisions set forth below.

c. Additional Investigation. The department head, or his or her designee, has the right to conduct further investigation. If new charges result from such an investigation, the employee shall be given another opportunity to respond.

d. Department Head’’’’s Decision. No later than ten (10) working days after the employee’’’’s response or failure to respond, the department head, or his or her designee, shall provide the employee with written notice regarding the disciplinary action. Any time extension(s) must be mutually agreed upon. The notice shall state specifically the disciplinary action being imposed, if any. The notice shall be delivered to the employee at or before the time when the disciplinary action will be effective. The notice shall be dated and signed by the department head or his or her designee. The notice shall inform the employee which of the reasons and grounds the notice of proposed disciplinary action were sustained. The notice also shall inform the employee of his or her right to appeal the discipline, as provided in Paragraph 15 below, if and only if, the disciplinary action results in a suspension of six (6) or more days, a reduction in salary, a demotion, or dismissal. In such a case, the notice also shall state the time limit for the employee to appeal under Paragraph 15 below. If the department head, or his or her designee, determines that discipline should not be imposed, the notice to the employee should include a directive to the Human Resource Department to delete all references to the proposed discipline from the employee’’’’s personnel file.

e. Employee Status During the Pre-Discipline Period. Except as otherwise provided, an employee against whom disciplinary action is proposed is entitled to be retained in active status during the pre-disciplinary period, until the department head, or his or her designee, issues a notice imposing disciplinary action, as set forth in Section 14(d) above. The department head may place the employee on paid administrative leave, subject to approval by the City Manager.

If the department head, or his or her designee, determines that disciplinary action should be imposed, the disciplinary shall be effective on the date set forth in the notice, regardless of whether the employee appeals the discipline under Paragraph 15 below.

15. Appeal of Certain Disciplinary Actions. A regular employee shall have the right to appeal the determination of a department head, or his or her designee, made pursuant to Paragraph 14(d) above which imposes any of the following disciplinary actions, a suspension of six (6) days or more, a reduction in salary, a demotion, or a dismissal. An employee desiring to appeal such disciplinary action shall submit his or her written appeal and request for hearing to the City Manager within ten (10) working days of his or her receipt of the notice of disciplinary action described in Paragraph 14(d) above. If an employee appeals and requests a hearing concerning a suspension of six days or more, a reduction in salary, a demotion, or a dismissal, the hearing shall be conducted as follows:

a. Hearing Officer. The hearing shall be presided over and conducted by a Hearing Officer designated by the City Manager. The City shall be solely responsible for paying the costs for Hearing Officer’’’’s services. The identity of the person designated by the City Manager to serve as Hearing Officer shall be communicated to the employee in writing by the City Manager within thirty (30) calendar days of the City Manager’’’’s receipt of the employee’’’’s appeal and request for a hearing.

b. Hearing Procedure. Each party shall have these rights to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direction examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. If the employee does testify in his or her own behalf, he or she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. The Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the provability that its admission will necessitate undue consumption of time. Unless the employee requests a public hearing, the hearing shall be closed to the public. The hearing shall be recorded by a court reporter or tape recorded.

c. Decision. The Hearing Officer shall render a written decision which shall include findings of fact and conclusions of law based on the evidence presented at the hearing. The Hearing Officer shall transmit his or her written decision to the City Manager, together with the administrative record of the hearing. Thereafter, the Hearing Officer shall play no further role in the matter. The Hearing Officer’’’’s decision shall not be binding on the City Manager The City Manager may adopt the Hearing Officer’’’’s decision without modification. He or she shall notify the employee in writing regarding this determination. If the City Manager modifies or rejects the Hearing Officer’’’’s decision, he or she shall render a written decision, setting forth the reasons for his or her action, and cause the decision to be transmitted to the employee. The City Manager’’’’s decision shall be final and binding.

VIII EMPLOYEE BENEFITS

A. ANNUAL LEAVE VACATIONS (Revised 1105/93 Resolution 93 1.1)

The City of Desert Hot Springs recognizes that it is important to allow employees time off after long periods of uninterrupted employment. The City has established an annual leave vacation policy that combines entitles regular vacation and sick leave accrual amounts to regular employees. Annual leave to accrues vacation time based upon number of years of employment and hours worked per month and is Vacation accrues, prorated, and based upon the following schedule and a 40 hour work week:

1. Less than 2 years of continuous service 12 days per year

8.31 hours per pay period/216 hours per year

2. 2 to 6 years of continuous service 15 days per year

9.84 hours per pay period/256 hours per year

3. 6 to 10 years of continuous service 18 days per year

11.39 hours per pay period/296 hours per year

4. 10 or more years of continuous service ————21 days per year

12.92 hours per pay period/336 hours per year

Employees cannot accumulate unused more than seven hundred fifty hours (750) of annual leave, vacation time beyond thirty (30) days (210 hours) vacation leave. Annual leave Vacation time may not be used during the first six (6) months of thirteen (13) pay periods of employment. If an employee retires, resigns or is terminated for any reason, any unused annual vacation leave time will be paid to him or her in one lump sum. Employees are encouraged to use annual leave for vacation. Any employee who fails to submit a vacation request to his or her supervisor, or to sign up for vacation time, during any twelve (12) month period may be will be assigned by the City Manager department head for any vacation that may be remaining. Employees covered by a Memorandum of Understanding should consult their applicable sections.

B. Use for Illness or Injury

Employees may use annual leave to receive their regular pay when they are absent from work due to an illness or injury. An employee who is absent because of an illness or injury and who seeks to use accrued annual leave may be required to submit a written statement describing his/her illness or injury, within applicable limits, which then must be approved by the City Manager or designee before the employee is eligible to use annual leave.

SICK LEAVE

In order to protect employees for lost wages for sudden short-term illness, the City of Desert Hot Springs grants sick leave to regular full time employees and pact-time employees who work ever 30 hours a week (hours are prorated)-. Though sick leave may be used during times that are necessary, the City stresses that sick leave is not considered a privilege to be used at the employee’’’’s discretion. Sick leave is accrued at the rate of one (1) day for each -month of service and sick leave may not exceed 30 days (2’’’’lQ hours) of accumulation. The-City may agree to buy back at one half (¼¼¼¼) the rate of regular time, any time exceeding 30 days (240 hours) of accumulation. However, to encourage attendance at work and discourage the frivolous use of excess sick leave, an employee with continuous employment of five (5) years or more may receive a payment in cash of twenty five percent (25%) of unused sick leave when they resign or retire. An employee with continuous employment over ten (10) years may receive in cash fifty percent (50%) of the unused sick leave when they resign or retire. The compensation in cash shall be at straight time rate-If requested to do so by the department head or City Manager, employees must submit proof of illness from a doctor. Annual leave Sick leave will be denied if evidence substantiating improper use is found. Such evidence shall be construed as grounds for disciplinary action, including dismissal. Improper uses of annual sick leave includes, but is not limited to, use of leave for willful injury, gross negligence, intemperance, trivial indispositions, misrepresentation, or violation of the rules defined herein. No employee shall be charged annual sick leave for time absent from the work place in order to make physician or other medical-related appointments for injuries occurring on the job which are unchallenged by the City as "Work Related." In these cases, the City shall consider such absence from the workplace as Worker’s Compensation leave.ae time at work and pay the employee full compensation and benefits during the period of absonoe.

C. FAMILY