CC - Item 6B - Rosemead Employee Handbook• 0
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER Oe C-
DATE: JANUARY 8, 2008
SUBJECT: CITY OF ROSEMEAD EMPLOYEE HANDBOOK
SUMMARY
Councilmember Taylor has requested that the City of Rosemead Employee Handbook
be agendized for discussion. Attached is a copy of the document for the City Council's
review (Attachment A).
Staff Recommendation
Staff recommends that the City Council provide further direction with regard to the City
of Rosemead Employee Handbook.
AttachmentA - City of Rosemead Employee Handbook
APPROVED FOR CITY COUNCIL AGENDA:
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CITY OF ROSEMEA
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EMPLOYEE HANDBOOK
(Version 1.0)
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The City Manager is appointed by the City Council and serves at
the pleasure of the City Council. The manager is responsible for
the efficient direction of all departments so that the entire staff
works as one team in providing the best possible service for the
City.
The annual cost of delivering municipal goods and services in
Rosemead is lower than in most cities, and considerably lower than
full service cities that provide their own police and fire services.
Rosemead is able to keep the cost for service down while
maintaining the high standards that residents demand because we
contract-out a considerable amount of City services.
The City has a population of 56,100 living in an area encompassing
5.5 square miles. Rosemead is located in the West San Gabriel
Valley, approximately ten miles east of the City of Los Angeles.
The City shares common boundaries with San Gabriel, Temple
City, El Monte, South E1 Monte, Montebello and Monterey Park.
Two major freeways, the San Bernardino (1-10) and the Pomona
(SR-60) intersect the City in an east/west direction and provide
convenient access to all areas of southern California.
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1.3 Your Place on the Team
In order to assure that the taxpayer will receive the best and most
conscientious service, everyone's cooperation is required in
providing efficient operation of the many functions of our City.
You are now a member of the team and, as such, you and your job
are important. You and every City employee, regardless of salary
or title of position, are invaluable in achieving the goal of superior
service at the most economical cost.
When you have any contact with a constituent, remember that they
see you as a representative of the City of Rosemead. Your attitude,
behavior, and performance will help determine that individual's
opinion of the City. Your job is important. It deserves the best you
can give it.
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Introduction 1-2
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• 1.4 An Equal Opportunity Employer
The City of Rosemead provides equal employment opportunities to
all employees and applicants for employment without regard to
race, color, religion, sex, national origin, age, medical condition,
marital status, sexual preference, disability, or status as a Vietnam-
era or special disabled veteran in accordance with applicable
federal laws. In addition, the City complies with applicable state
and local laws governing nondiscrimination in employment. This
policy applies to all terms and conditions of employment,
including, but not limited. to, hiring, placement, evaluation,
promotion, termination, layoff, transfer, leaves of absence,
compensation, and training.
The City expressly prohibits any form of unlawful employee
harassment based on race, color, religion, sex, national origin, age,
medical condition, marital status, sexual preference, disability, status
as a Vietnam-era or special disabled veteran, or status in any group
protected by state or local law. Improper interference with the ability
of the City's employees to perform their expected job duties is not
tolerated.
• The City will continue to make Equal Opportunity a reality at all
levels of the work force.
1.5 Coverage of Employee Handbook
These personnel policies apply to all employees of the City of
Rosemead.
These personnel policies may be revised, added to, and modified at
any time with prior notice and approval of the City Council due to
the operational needs of various components of the City of
Rosemead. Therefore, the City reserves the right to change its
policies and practices, including but not limited to those policies
and practices set forth in this Employee Handbook, from time to
time and at any time.
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This Employee Handbook is intended to give you a broad summary
of things that you should know about the City of Rosemead. The
information in this handbook is general in nature and, therefore,
should more specific questions arise, a supervisor should be
consulted for complete details.
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Introduction -3
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1.6 Employee Classifications
Employees at the City of Rosemead are classified into the
following categories:
A. REGULAR FULL-TIME EMPLOYEES: Designates full-
time employees who are regularly scheduled to work at least 40
hours per week. Regular full-time employees are eligible for the
following: all City benefits after completing one month of
employment; health, dental, vision, life, long term disability, and
retirement.
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B. REGULAR PART-TIME EMPLOYEES: Designates
hourly employees scheduled to work less than 40 hours per week.
This classification receives no benefits other than those required by
law under the provisions of Social Security, Workers'
Compensation, and State Unemployment and retirement
provisions. Regular part-time employees who are scheduled to
work 1000 hours or more annually are entitled to health coverage
by the HMO plan designated by the City and coverage under
PERS, this coverage is for employees only.
C. TEMPORARY/SEASONAL EMPLOYEES: Designates •
hourly employees hired only for a specified period of time, usually
a specified task or project. A temporary employee will not
automatically change to another status merely by working in excess
of the time expected or designated; a change in status, if any, must
be recorded in writing, and approved by the City Manager.
Regardless of hours worked, this classification is not eligible to
receive any benefits other than those required by law.
D. EXEMPT EMPLOYEES: Designates exempt employees
whose work duties exempt them from the overtime provisions of
the Federal Fair Labor Standards Act.
E. NON-EXEMPT EMPLOYEES: Designates non-exempt
employees who are covered by the overtime provisions of the
Federal Fair Labor Standards Act. Non-exempt employees are
entitled to an overtime premium in accordance with federal law.
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Introduction 1-4
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2. Employee Responsibilities & Rights
2.1 Overview
As the nature of city employment is public service, you must be
extra careful about your conduct on the job. The conduct of each
City employee reflects on the city itself, both on and off the job. It
is very important for you to be courteous and helpful to all
members of the public as well as to your fellow employees.
In addition to one's personal conduct, one's appearance is
important as well. A neat and attractive appearance, therefore,
combined with a courteous and considerate manner, will further
reflect well upon the high standards of the City and yourself.
2.2 Responsibilities
2.2.1 Attendance/Operating Hours
You are responsible for arriving at and leaving work at the times
agreed upon by your supervisor, including returning on time after
lunch and break periods. If you are unable to report to work, notify
your supervisor at the beginning of your usual workday, or as soon
as possible. If you are absent from work for more than three days
without notifying your office, you may be discharged from City
service for being absent without official leave (AWOL). Be sure
you understand your work schedule and ask your supervisor if you
have questions.
City Hall operating hours are from 7:00 a.m. to 6:00 p.m., Monday
through Thursday. All full-time employees will work either a 40-
hour workweek, or 80 hours within a two-week pay period. Work
hours may be adjusted to meet requirements of the job.
Your director or supervisor will coordinate daily lunches and breaks.
2.2.2 Courtesy/Etiquette
You are expected to behave courteously and responsibly at all
times. Remember that the image of an organization rests upon the
• behavior of the employees who represent it. You represent the City
Employee Responsibilities & Rights 2-1
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of Rosemead. It is important for you to make a positive impression
on those you serve and your coworkers. Your dress and appearance
should be appropriate for the type of work you do. Your supervisor
will let you know if there are any special dress requirements.
If your job includes the use of a telephone, do your best to make
sure it is as pleasant a contact as possible. Be gracious and
considerate under all circumstances. Speak clearly and concisely,
and most importantly, try to be helpful. Good telephone usage can
improve efficiency, save time and money, and create an
atmosphere of good will. Avoid using the City telephone for
personal business as you might prevent an important call from
being handled in a timely fashion.
2.2.3 Citizen Service Requests & Complaints
Public relations cannot be stressed enough, for the effectiveness of
many city programs is largely dependent upon public support. That
support and confidence can be earned by diligently seeking to
maintain good relations with each member of the public.
Complaints should be immediately recorded and promptly referred
to the correct department or person for action. Service requests •
should be handled promptly. In all cases, courtesy is important.
2.2.4 Safety
Each department makes every effort to provide a safe and healthy
work environment. It is your responsibility to perform your
assignment and operate equipment safely. If during the course of
your work you notice a situation that may endanger someone's
health or safety, notify your supervisor immediately. Safety is
everyone's responsibility.
2.2.5 Accident Reporting
All accidents must be reported immediately to your supervisor and
accident reports are to be submitted to the City Clerk at City Hall.
2.2.6 Use of City Vehicles & Equipment
If you are required to drive a vehicle on official City business, you
must have a valid driver's license appropriate to the type of
vehicle. w
Employee Responsibilities & Rights 2-2
2.2.7 Ethical Behavior
You are prohibited from using drugs (other than medication
prescribed by your physician). Drinking alcohol, being intoxicated,
or having open containers of alcoholic beverages of any kind on
City premises, or while conducting city business, is also prohibited.
You may not display any sign, slogan, pin, or other item containing
words or symbols offensive or insulting to any group or individual,
nor of a partisan political nature. You may not participate in
political activity that involves the use of any City resource, which
includes city property, funds, equipment, supplies, phones,
computers, vehicles, travel; and work time.
While City employees are not prohibited from engaging in political
activity as private citizens, State Govenunent Code Section 3201
does limit the political activities of City employees. The purpose of
these restrictions is to keep City employees' jobs free from political
influences.
Infractions in any of these areas could result in disciplinary actions
• ranging from an informal reprimand to dismissal.
2.2.8 Receipt of Public Gifts
Employment in municipal govermnent carries with it responsibilities
that are not ordinarily found in private employment. Occasionally, a
citizen may be so impressed with the service you render that they
may offer a gift of some kind. You are expected to courteously
decline such offers and to explain in a friendly manner that the
service you render is a normal part of your employment and that it
is against City policy for you to accept a gift.
Gifts from the public or service contractors offered to individual
employees at Christmas time should be declined in the same
manner and with the same explanation. City employees should not
become obligated to individuals or firms by the acceptance of gifts.
2.2.9 Time Records
• Certain employees record their time on time clocks and others use
time sheets as a means of accurately recording hours worked and
Employee Responsibilities & Rights 2-3
calculating pay. Care should be taken to see that your timecard •
and/or time sheet is an accurate record of your time worked.
Falsifying a timecard and/or time sheet will result in disciplinary
action, up to and including termination. Timecards and/or Time
sheets are to be turned in to your supervisor.
2.2.10 No Smoking Policy
The City of Rosemead is committed to a philosophy of good health
and a safe work place. Since tobacco smoke is a major cause of
heart, lung and respiratory diseases and causes or aggravates
allergic reactions, all of which lead to impaired performance and
increased health care cost, smoking is prohibited in and around all
buildings and public passenger vehicles. Smoking is permitted
only in designated areas. This policy applies to all City of
Rosemead employees, on-site contractors including temporary
employees, and visitors. If you have any questions regarding this
policy, you should contact your supervisor. Noncompliance with
this policy will result in disciplinary action, up to and including
termination.
2.2.11 Cellular Telephone Policy
Employees should limit their use of personal cell phones during
business hours because excessive use of personal cell phones,
whether making cell phone calls or receiving cell phone calls can
be disruptive to employees performing their jobs in an efficient
manner. Therefore, excessive cell phone usage during business
hours is discouraged. Employees may be disciplined for excessive
use of their personal cell phones for non-business purposes during
business hours.
2.2.12 Conflict Of Interest
A "conflict of interest" is when an employee is involved in activity
that for any reason is in conflict with the City of Rosemead's
governmental interests. Employees must be free of any significant
investment in or association with any present or prospective
supplier or vendor that might interfere with, or be thought to
interfere with their independent exercise of judgment in the best
interest of the City of Rosemead.
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Employee Responsibilities & Rights 2-4
• The employee may not be involved in activities constituting a
conflict of interest on the City of Rosemead's time, and during
"personal" time off duty. The employee may not use the City's
equipment, materials, resources; or "inside" information except to
further the interests of the City of Rosemead.
Employees may engage in or have outside business or personal
interests or activities that do not constitute or have the potential of
creating a conflict of interest with their employment by the City.
The City requires that these activities or interests do not adversely
affect an employee's capacity to perform his/her functions or result
in conflicting loyalties.
The City has no objections to you holding another job as long as
you can effectively meet the performance standards for your
position with the City. The City asks that you think seriously about
the effects that such extra work may have on the limits of your
endurance, your overall personal health, and your effectiveness
with the City. The City will hold all employees to the same
standards of performance and scheduling demands and cannot
make exceptions for employees who hold outside jobs.
• If the City determines that an employee's outside job interferes
with his or her performance or ability to meet the City's
requirements, the employee may be required to elect between
terminating their outside employment or terminating their
employment with the City of Rosemead.
Employees must give notice to the City before accepting outside
employment. The employee should seek an opinion from the City
Manager who may consult the City Attorney, whether any activity
engaged in would be a conflict of interest.
2.2.13 Workplace Violence
The City of Rosemead recognizes workplace violence as a growing
national problem, which needs to be addressed by all employers.
In accordance with this policy, acts or threats of physical violence,
including intimidation, harassment, and coercion, which involve or
affect the City of Rosemead or occur on City property will not be
tolerated.
Acts or threats of violence include conduct which is severe,
offensive, or intimidating enough to alter the employment
conditions at the City of Rosemead or create a hostile, abusive, or
Employee Responsibilities & Rights 2-5
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intimidating work environment for one or more employees. •
Examples of workplace violence include but are not limited to:
• Threats or acts of violence occurring on City premises,
regardless of the relationship between the City and the parties
involved in the incident.
• Threats or acts of violence occurring off City premises
involving someone who is acting as a representative of the
City.
• Threats or acts of violence occurring off City premises
involving an employee of the City if the threats or acts affect
the City's legitimate interests.
• Acts or threats resulting in the conviction of an employee or
agent of the City, or of an individual performing services for
the City on a contract or temporary basis, under any criminal
code provision relating to violence or threats of violence which
adversely affect the City's legitimate interests and goals.
Examples of conduct, which may be considered threats or acts of
violence include, but are not limited to:
• Hitting or shoving an individual. •
• Threatening an individual or his/her family, friends, associates,
or property with hann.
• The intentional destruction or threat of destruction of City
property.
• Harassing or threatening phone calls.
• Harassing surveillance or stalking.
• The suggestion or insinuation that violence is appropriate.
This policy applies to all persons involved in the City's operations,
including but not limited to the City of Rosemead's personnel,
contract and temporary workers, and anyone else on City property.
Violation of this policy by any individual on City property, by an
individual acting as a representative of the City while off City
property, or by any individual acting off City property when his/her
actions affect the City business interests, will lead to_disciplinary
action up to and including termination, and/or legal action, as
appropriate. No provision of this policy shall alter the at-pleasure
nature of the employment relationship at the City of Rosemead.
Every employee and every person on the City of Rosemead's
property should immediately report incidents of threats or acts of
physical violence of which he/she has knowledge to the City •
Manager or your supervisor. Prompt investigation and resolution
Employee Responsibilities & Rights 2-6
of any violation of this policy will be made with discretion and in
the same manner as any other infraction of the City policy.
Nothing in this policy alters any other obligation established in the
City policies or in state, federal, or other applicable law.
2.2.14 No Reasonable Expectation Of Privacy
The City of Rosemead's employees do not have a reasonable
expectation of privacy in City provided property, including but not
limited to lockers, desks, electronic communications systems,
telephones, cell phones, desk top computers, personal computers
and/or personal electronic data storage devices that are used for or
contain any City data and/or information that pertains to City
business and/or other City property under the employee's control.
Use of City property as described above must be limited to
business purposes only. Whenever the City of Rosemead has a
reasonable suspicion that an employee has used City property for
his or her own private use or for no legitimate City purposes, the
City may inspect the electronic communications systems,
telephones, cell phones, desk top computers, personal computers
and/or personal electronic data storage devices that are used for or
contain any City data and/or information that pertains to City
• business and/or other City property under the employee's control.
2.2.15 Responsibility For Items Furnished To Employees
In the course of employment, certain City of Rosemead employees
may be furnished work-related items such as office keys, entry
authorization cards, uniforms, tools, office equipment, and
vehicles. Any employee receiving such items shall return each and
all of the same to the City of Rosemead in good condition,
reasonable wear and tear excepted, at the termination of his or her
employment for any reason. If any such item is not returned within
a reasonable period of time, the reasonable value to such item may
be claimed against such employee and the employee agrees that
such reasonable value may be deducted from such employee's pay.
Please review and sign the Authorized Deduction Form attached to
this Handbook as Attachment B.
No office equipment may be removed from the office without
written permission from your supervisor.
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Employee Responsibilities & Rights 2-7
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2.2.16 Electronic Communication And Internet Access Policy •
PURPOSE:
The purpose of this policy is to establish guidelines for the use of
computer systems, electronic mail (hereinafter "E-mail") and
Internet Access on the City of Rosemead's (hereinafter "City")
computer network. The City's computer systems, E-mail and
Internet Access are business tools, which will be used in
accordance with generally accepted business practices and current
law reflected in the California Public Records Act to provide an
efficient and effective means of City communication.
APPLICATION:
This policy, shall apply to all City officials, appointees, employees,
volunteers, consultants and other non-employees utilizing general
application computer systems and electronic communications
owned, managed, supervised, controlled, or operated by the City.
PROVISIONS:
Information technology facilitates electronic communication
between staff, residents and other organizations. Computer
systems and electronic communications are for business-related
purposes only. The data created, stored on, or transmitted using
City computer systems is the property of the City, except as
otherwise required by law. City Management reserves the right to
access all data stored on or transmitted using its computer systems.
The City respects the individual privacy of its employees; however,
employees do not have the right to privacy concerning work-related
conduct, use of City-owned equipment or supplies, or electronic
communications that are sent or received from the City.
Consequently, E-mail and Internet Access users shall have no
reasonable expectation of privacy in communications sent over the
City's general application computer network as such
communications are not confidential. The City reserves the right
to lawfully inspect and service all aspects of its computer system.
The determination of those department employees who will be
provided or denied E-mail and/or Internet access shall be at the
sole discretion of the Department Director.
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Employee Responsibilities & Rights 2-8
• In addition to existing systems and- services, this Electronic
Communication and Internet Access Policy is intended to apply to
the current and future computer base systems and services.
A. PROPER USE OF COMPUTER SYSTEMS AND
ELECTRONIC COMMUNICATIONS
The use of E-mail and Internet access is for City
Business activities. Some incidental and occasional
personal use of the E-mail system is permitted as long
as such use is kept to a minimum. Personal messages
are not confidential and are subject to access and
disclosure pursuant to the provisions of this policy.
2. Users of E-mail are responsible for the management of
data and messages. Data stored on the network server
should be backed up regularly.
3. Employees shall protect all computer equipment against
viruses, physical abuse and unauthorized use.
Specifically, employees shall use and not disable virus
protection software and not willfully introduce virus-
infected files.
B. PROHIBITED USES OF E-MAIL AND INTERNET ACCESS
Unless otherwise permitted by law, the following
constitutes abuse of the City's computer systems and
electronic communications and are prohibited:
1. Messages that disrupt or threaten to disrupt the efficient
operation of City business or administration are
prohibited. Messages in this section include, but are not
limited to:
a. Messages that publicize a personal dispute,
other than to an approved grievance
procedure.
b.. Messages that constitute or . counsel
insubordination.
c. Messages that may hams close working
relationships.
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Employee Responsibilities & Rights 2-9
d. Messages that harm the integrity of the •
computer system or network.
2. Messages that violate law; violate individual rights,
create potential liability for the City or violate public
policy are prohibited. These prohibited messages
include, but are not limited to:
a. Any messages that would be in conflict with
the City's Harassment in the Workplace
Policy and/or comments or images (including
screen savers and wallpaper) that could offend
on any basis protected by law such as, but not
limited to, race, color, religion, sex, national
origin, ancestry, age, physical disability,
mental disability, medical condition, veteran
status, marital status, sexual orientation or any
other status protected by local, state or federal
law.
b. Any message or comment containing
disparaging remarks concerning elected
officials, appointed officials, employees, •
volunteers, consultants or other non-
employees of the City.
c. Any E-mail message, an Internet site or screen
saver, including wallpaper, that any reasonable
person would find defamatory, offensive,
harassing, derogatory, or disruptive.
d. Messages that may undermine the City's
ability to provide public services through its
employees.
e. Messages that are pornographic, obscene,
indecent, or sexually explicit.
f. Messages that contain the use of racial,
religious, or ethnic slurs.
g. Messages intended to harass or annoy,
including derogatory, vulgar, defamatory, or
hate messages.
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Employee Responsibilities & Rights 2-10
• h. Messages that contain threats to personal
safety.
3. Messages that contain confidential, privileged or
otherwise private information except when such
messages are transmitted for an authorized purpose and
are transmitted in an, appropriately secure manner.
These messages include, but are not limited to:
a. Personnel, payroll and medical files or
confidential information from these files.
b. Financial or account codes, numbers or
authorizations that could be misused if
intercepted by or disclosed to unauthorized
persons that may otherwise lead to
unauthorized financial obligations to the City.
c. Privileged or confidential communications or
documents from or to legal counsel.
4. Personal messages which include, but are not limited to:
• a. Messages for personal activity including
personal research or surveys.
b. Messages to promote, distribute materials, or
solicit individuals on behalf of commercial
ventures, politician causes (unless specifically
authorized), religious causes, charitable
organizations and other organizations in which
the user is involved.
c. Chain letters.
d. Junk mail sent via distribution lists that
concern non-City business related topics.
e. Participation in non-business related "chat-
room" discussions.
5. Using someone's password or code without
authorization.
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Employee Responsibilities & Rights 2-11
6. Disclosing anyone's password or code without •
authorization.
7. Use of the Internet or E-mail system for gambling.
8. Messages sent anonymously or with fictitious nannies.
C. STATUS OF ELECTRONIC DATA AND MESSAGES
1. E-mail communications are not confidential and are
subject to review by authorized personnel, as designated
by the City Manager or Department Director, and
disclosure to the public.
2. E-mail communication may be subpoenaed or requested
under the Public Records Act and/or may be used as
evidence in court or as part of an investigation. The
content of E-mail may be subject to disclosure within or
outside of the City without employee permission or
knowledge.
3. The City, through its authorized personnel, has the
authority to access communications in the E-mail is
system at any time for any lawful City business-related
reason.
4. The City has unlimited access to protect system security
or the City's property rights. However, the City does
not routinely monitor E-mail communications or
Internet usage and expects that employees will
voluntarily abide by this policy.
D. RECORDS MANAGEMENT
1. E-mail messages which are intended to be retained in
the 'ordinary course of the City's business are
recognized as official records that need
protection/retention in accordance with the California
Public Records Act.
2. The City will maintain E-mail messages designated as
official records for a minimum of two (2) years or as
otherwise designated in the City's retention schedule.
These are subject to public disclosure, even if they are
drafts or informal notes, unless the need to retain their •
Employee Responsibilities & Rights 2-12
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• confidentiality outweighs the need for disclosure, or the
E-mail message is otherwise exempt under any
provision of the Public Records Act or other state or
federal law.
3. E-mail communications that are not intended to be
retained and which serve no useful purpose to the City
should be deleted from the system.
E. E-MAIL PROCEDURES/ETIQUETTE
Employees who are granted E-mail and Internet access are
required to abide by the following procedures and etiquette.
Employees are to:
1.' Remember that they are representing the City through
their communications both internally and externally,
and it is critical that they maintain a positive image for
both themselves and the City.
2. As a good business practice, E-mail is to be checked at
least once each work day and messages responded to
promptly.
3. Be certain that their messages are addressed to the
proper person. The list of persons being E-mailed when
choosing a "REPLY ALL" function must be checked
prior to sending the E-mail message. E-mail should not
be used for broadcast purposes unless the message is of
interest to all users.
4. Capitalize words only to emphasize an important point
or to distinguish a title or heading. Capitalizing whole
words that are not titles is generally interpreted as
shouting.
5. Be professional and careful of what is said about others.
E-mail is easily forwarded and blind copied.
6. Be cautious when using sarcasm and humor. Without
face-to-face communications; humor may be viewed as
criticism. By the same token, E-mail users must
carefully read what others write. The perceived tone
• may easily be misinterpreted.
Employee Responsibilities & Rights 2-13
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7. Be aware that deleting or erasing information, •
documents, or messages maintained on the City's
network is, in many cases, ineffective. Information kept
on the City's system may be electronically recalled or
re-created regardless of whether it may have been
erased or deleted by an employee. Further, since the
City may periodically back up files and messages, and
because of the way in which computers re-use file
storage space, files and messages may exist even after a
user assumes they are deleted. Finally, information or
messages may still exist in the storage areas of other
users. Therefore, employees who delete or erase
information or messages should not assume that such
information or messages are confidential.
F. PENALTIES FOR MISUSE OF E-MAIL OR INTERNET
ACCESS
1. All E-mail and Internet Access users will be provided a
copy of this regulation, upon the granting of access to
the computer network. Each such person shall be
required to complete an "Employee Acknowledgement"
in substantially that form attached to this Handbook as •
Attachment C. One copy of the form shall be given to
the employee, and another shall be kept in the
employee`s personnel file.
2. Failure on the part of any employee to comply with the
provisions of this policy may result in suspension or
revocation of the privilege of using or accessing E-mail
and Internet Access, as well as disciplinary action up to,
and including, termination of employment.
I Failure on the part of any contractor or consultant to
comply with the provisions of this policy will constitute
grounds for termination of their contract with the City.
2.3 Rights
Employee Responsibilities & Rights 2-14
• 2.3.1 Training Period
You will be in training for the first 12 months of your job. The
length of your training depends on your particular job and time
base.
Your job description/duty statement describes your responsibilities
and the standards for accomplishing the specific tasks or set of
duties.
During your training period, your work will be evaluated by your
supervisor, who will prepare a report or reports covering your work
performance, personal conduct, and ability to handle responsibility
measured against the standards of the position. Your overall
performance will be reviewed and your supervisor will discuss any
areas that may need improvement.
You will gain regular status if you meet the required level of
performance by the end of your training period. Successful
completion of the training period does not change any employee's
at-will status. In some instances, the training period may be
extended because of borderline performance. In such cases, his/her
• supervisor will inform the employee at least 60 days prior to the
end of the training period that the training period has been
extended for an additional 60 day period rather than terminate the
employee for poor performance. The supervisor may only extend
the training period one time during an employee's training period.
2.3.2 Employee Organization
You have the right to participate in employee organization
activities on your own time or during non-working hours. Your
;,own time," or "non-working" hours, include lunch periods and
time before and after work, excluding breaks.
- You may not be discriminated against, granted preferential
treatment, or have reprisal taken against you because of
membership (or non-membership) or lawful involvement in an
employee organization or its activities.
•
Employee Responsibilities & Rights 2-15
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2.3.3 No Solicitation Policy •
The following policy is established in order to prevent disruptions
in the operation of the City of Rosemead, interference with
employees while working, and the distribution of printed or written
material which could create a litter problem.
Employees. Employees may not solicit, for any purpose, during
their working hours. Employees may not solicit other employees
during the working hours of such other employees. Employees
may not distribute literature on the City of Rosemead's premises
for any purpose, during their working hours, nor may they
distribute literature, for any purpose, in working areas at any time.
Working hours include the working hours of both the employee
doing the soliciting or distribution, and the employees to whom it
is directed. For purposes of this policy, break times and meal
periods are not considered working hours.
Non-Employees. Persons not in the employ of this City may not
solicit or distribute literature in areas that would interfere with
employees performing their City work, or solicit or distribute
literature in City employee work areas for any purpose at any time.
Non-employees may solicit or distribute in public non-work areas. •
The City of Rosemead is anxious to maintain a pleasant and
cooperative relationship with its employees in all matters.
However, no governmental agency can operate efficiently if there
are frequent work interruptions. For this reason, you should
discourage friends, relatives, and others from disturbing you at
work. In case of emergency, there is no objection to someone
calling the office and asking that a message be given to you. Only
in case of urgent necessity may any employee be called from work
to see a visitor during the employee's working hours. All such
requests require the approval of your supervisor. Under no
circumstances are sales people permitted to solicit employees on
the premises.
Employee Responsibilities & Rights 2-16
4D 3. Employee Benefits
3.1 Overview
The City of Rosemead provides a very comprehensive and
substantial package of employee benefits.
3.2 Payroll Information
All city employees are automatically covered under Social Security
and Medicare. Payroll deductions are made each pay period.
3.2.1 Payroll Periods
Payday is Thursday, and paychecks are issued biweekly. If a payday
falls on a holiday, you will receive your check on the preceding
workday. Employees are required to record their own time on
individual time sheets for each pay period; which is every two
weeks. These time sheets are to be turned in on Monday of the
• payday week. Salaries are computed on a yearly basis with a total of
twenty-six pay periods per year.
3.2.2 Overtime
Employees shall be paid for their hours worked in accordance with
all legal requirements. All non-exempt employees qualify for
overtime pay. Employees who qualify as administrative, executive,
or professional employees within the meaning of federal wage and
hour laws are exempt from overtime pay and are not subject to this
policy.
Non-exempt employees who are required to work beyond the 40
hours per workweek, shall be paid at one and one-half times the
straight time hourly rate.
3.2.3 Compensatory Time Off
Compensatory time off (CTO) is time off with pay in lieu of
overtime pay for irregular or occasional overtime work, or when
permitted under agency flexible work schedule programs.
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Employees are subject to a 240-hour limit for accrual of CTO; •
excess hours above these maximums must be paid off in cash.
Upon termination, all accumulated hours of CTO must be paid at
time-and-one-half, in cash.
Employees must first get authorization before taking accrued
compensatory time off.
3.3 Benefit Programs
3.3.1 Health Insurance
If you are a regular full-time employee or a regular part-time
employee who works 1000 hours or more during the fiscal year,
you will receive comprehensive health insurance coverage
including major medical. The City pays for the full cost of the
coverage for regular full-time employees and dependents as
defined in the program. Plans are offered through the Public
Employees' Medical and Hospital Care Act. Regular part-time
employees receive single Health Maintenance Organization (HMO) •
coverage for themselves only. The City will provide health
insurance for full-time employees and their dependents effective
the first of the month following employment.
Employees are responsible for notifying the City's personnel office
of changes in marital status, nu nber or age of dependents, etc.
This insurance is subject to an open enrollment period once a year
that allows an employee to make any changes in their choice of
coverage. The City of Rosemead reserves the absolute right, in its
discretion, at any time and from time to time, to discontinue
coverage under any health and hospitalization plan in which it or its
employees have previously been enrolled and to substitute for such
prior coverage alternate coverage which may be different in
character and amount, and either more or less comprehensive.
Employees of the City of Rosemead shall not have or gain, by reason
of their employment, any vested rights in or to any particular health
and hospitalization coverage whatsoever.
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Emulovee Benefits 3-2
• 3.3.2 Dental Insurance
If you are a regular full-time employee, the City will provide dental
insurance for you and your dependents effective the first of the
month following employment. The City of Rosemead reserves the
absolute right, in its discretion, at any time and from time to time, to
discontinue coverage under any dental plan in which it or its
employees have previously been enrolled and to substitute for such
prior coverage alternate coverage which may be different in
character and amount, and either more or less comprehensive.
Employees of the City of Rosemead shall not have or gain, by reason
of their employment, any vested rights in or to any particular dental
coverage whatsoever.
3.3.3 Life Insurance
If you are a regular full-time employee, the City will provide term
life insurance coverage of $50,000. Coverage is subject to terms and
conditions of the insurance policy given each new employee at the
time of employment. The City will provide term life insurance for
• full-time employees effective the first of the month following
employment. The City of Rosemead reserves the absolute right, in its
discretion, at any time and from time to time, to discontinue
coverage under any life insurance plan in which it or its employees
have previously been enrolled and to substitute for such prior
coverage alternate coverage which may be different in character and
amount, and either more or less comprehensive. Employees of the
City of Rosemead shall not have or gain, by reason of their
employment, any vested rights in or to any particular life insurance
coverage whatsoever.
3.3.4 Vision Care
If you are a regular full-time employee, you and your dependents are
eligible for enrollment in the City's vision care insurance program.
The City will provide vision insurance for regular full-time
employees and their dependents effective the first of the month
following employment. The City of Rosemead reserves the absolute
right, in its discretion, at any time and from time to time, to
discontinue coverage'under any vision care plan in which it or its
• employees have previously been enrolled and to substitute for such
prior coverage alternate coverage which may be different in
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character and amount, and either more or less comprehensive. •
Employees of the City of Rosemead shall not have or gain, by reason
of their employment, any vested rights in or to any particular vision
care coverage whatsoever.
3.3.5 Retirement Benefits
3.3.5.1 Public Employees Retirement System
The City of Rosemead is a member of the State of California Public
Employees' Retirement System (PERS). Employees classified as
regular full-time, or regular part-time employees who work 1000
hours or more during the fiscal year, will be enrolled in PERS, which
provides for future retirement benefits. The City will provide PERS
for employees who qualify effective the first of the month
following employment.
The City pays the employees' contribution into the fund as deferred
(non-taxed) income. The City pays 7% of the employee's share of
the normal member contributions for regular full-time and regular
part-time employees as employer paid member contributions, and •
reports this to PERS as compensation.
Upon termination, the employee's contribution (the amount
contributed by the City as the employee's portion, but not the City's
portion), plus interest, will be refunded to the regular full-time
employee or regular part-time employee if there is less than five
years of service. The employee has one year to withdraw funds.
Upon tenmination, regular full-time employees and regular part-time
employees who have been eligible for retirement system benefits
with five or more years of service may withdraw their contributions,
leave contributions with PERS until retirement, or retire (under
certain circumstances). The minimum retirement age is 55 for full
retirement benefits. To be eligible for benefits, employees must have
at least five years of credited service in PERS.
3.3.5.2 Public Agency Retirement System
The City also provides a tax-qualified governrnental defined-benefit
plan through the Public Agency Retirement System (PARS) for
regular full-time employees as defined in the Plan Document. These •
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• supplemental benefits shall be in addition to the benefits employees
will receive from the PERS plan. All contributions to fund PARS
shall be made by the City. However, the City reserves the right to
require the employee to contribute a percentage of his/her
compensation towards this plan pursuant to agreement. Please refer
to the Plan Documents for further details regarding PARS benefits.
3.3.5.3 Deferred Compensation (ICMA Retirement Corp.)
• 3.3.6 Sick Leave
•
The City of Rosemead also has a contract with the ICMA
Retirement Corporation for a Section 457 retirement plan. As a
public employee, you have a unique opportunity to supplement
your retirement income. Under this deferred compensation plan,
you can invest through automatic payroll deductions and pay with
pre-tax dollars. Pre-tax contributions are funds contributed before
federal, and state income taxes are applied. Your contributions and
your earnings on them are not taxed while you let them grow since
they are retirement savings.
You begin to accrue sick leave upon being employed, but can not
take sick leave until you have completed thirty (30) days of
employment. A regular full-time employee can accumulate up to
eight (8) hours per month of sick leave. Once an employee
accumulates over 160 hours of sick leave, they must participate in
the Sick Leave Buy-back program and sell back unused hours.
Employees with less than five years of continuous City
employment are paid back at 50% of the unused portion over 160
hours. Employees with over five years of continuous service
receive 75% of the unused portion over 160 hours. The buy-back
program occurs annually at the end of the calendar year.
Upon retirement, layoff, termination (either voluntary or non-
voluntary), or death, any unused accumulated sick leave shall be
paid to the employee, or in the event of death, to the employee's
rightful heirs.
An employee may begin to use sick leave for approved absences,
after thirty (30) days of employment, and once it has been earned.
You may be allowed reasonable time off (normally two hours) for
medical or dental appointments. This time will be deducted in
increments of two hours from your accumulated sick leave.
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• •
Additional time may be allowed when justified and approved by •
your supervisor.
You are encouraged to build a substantial reserve of sick leave to
protect yourself and your family from loss of income if you ever
suffer a lengthy illness or injury.
3.3.7 Bereavement Leave
After ninety (90) calendar days of employment, you will be entitled
to three paid (3) days for bereavement leave for the death of a
member of the immediate family, including a spouse, parent, child,
sibling, grandparent, or grandchild. To be entitled to receive paid
time off for bereavement leave, an employee will be required to
present written documentation to the City showing that the
employee attended the funeral of a spouse, parent, child, sibling,
grandparent, or grandchild.
3.3.8 Vacation Leave
City employees accumulate vacation hours that may be paid upon •
termination or retirement. A regular full-time employee
accumulates vacation time at eight days per year during the first ten
years of tenure (based on 40 hours worked per week). After ten
years, an employee can accumulate up to a maximum of 12 days
per year (based on 40 hours worked per week).
Employees may only take time off for vacation leave after one year
of continuous employment with the City.
The City allows employees who have earned vacation time an
opportunity to have the City buy-back up to two weeks of vacation
time per year. In order to participate in the Vacation Buy-back
Program, an employee must take at least forty consecutive hours of
vacation at one time during a year. The buy-back occurs annually
at the end of the calendar year.
A supervisor must first authorize vacation days before they can be
taken.
3.3.9 Parental School Leave
An regular full-time employee who is a parent, guardian, or •
grandparent having custody of one or more children in
Emolovee Benefits 3-6
• kindergarten or grades I through 12, may take off up to 40 hours
each year, not exceeding eight (8) hours in any calendar month of
the year, to participate in activities of the school or licensed child
day care facility of any of his or her children, if the employee, prior
to taking the time off, gives reasonable notice to the employer of
the planned absence.
The employee shall utilize existing vacation, personal leave, or
compensatory time off for purposes of the planned absence for
parental school leave.
The City may require documentation from the school or licensed
child day care facility as proof that he or she participated in school
or licensed child day care facility activities on a specific date and at
a particular time.
If the City employs both parents of the child, then the first parent to
give notice to the City may take the planned absence, while the
other parent may take a planned absence as well if he or she
obtains the City's approval for the requested time off.
1* 3.3.10 Holidays
The City observes eight fixed holidays a year during which normal
City services will be closed. These include:
New Year's Day (January 1)
President's Day
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (first Monday in September)
Veteran's Day
Thanksgiving Holiday (fourth Thursday)
Christmas Holiday
City facilities will be closed on the following Monday if any holiday
falls on a Sunday. If any such days fall upon a Friday, the City office
shall be closed on the proceeding Thursday. If a holiday falls on a
Saturday, the employee will not receive any additional pay for that
holiday.
•
The City provides employees with 80 paid hours per fiscal year for
holidays, and ten hours discretionary time off for regular full-time
employees as a floating holiday, which may be taken at any time
Employee Benefits 3-7
throughout the fiscal year with prior approval of the •
supervisor/director.
Holiday hours are intended for the current fiscal year and may not be
carved over to succeeding years.
3.3.11 Short-Term Disability Plan
If you are a regular-full time employee, you will be eligible for
Short-Term Disability Insurance. The plan goes into effect after
the fourteenth day of sickness for a maximum benefit period of
46 days. Short-term disability benefits end when Long-term
disability, benefits begin. The City of Rosemead reserves the
absolute right, in its discretion, at any time and from time to
time, to discontinue coverage under any short-term disability
plan in which it or is employees have previously been enrolled
and to substitute for such prior coverage alternate coverage
which may be different in character and amount, and either
more or less comprehensive. Employees of the City of
Rosemead shall not have or gain, by reason of their
employment, any vested rights in or to any particular short-terns •
disability coverage whatsoever.
3.3.12 Long-Term Disability Plan
If you are a regular-full time employee, you will be eligible for
Long-term Disability Insurance. The plan goes into effect after
sixty days of disability and continues to pay benefits during the
disability until the age of sixty-five.
The City of Rosemead reserves the absolute right, in its discretion, at
any time and from time to time, to discontinue coverage under any.
long term disability plan in which it or its employees have previously
been enrolled and to substitute for such prior coverage alternate
coverage which may be different in character and amount, and either
more or less comprehensive. Employees of the City of Rosemead
shall not have or gain, by reason of their employment, any vested
rights in or to any particular long-tern disability coverage
whatsoever.
•
Employee Benefits 3-8
CA
•
• 3.3.13 Service Recognition Plan
The City offers an Employee Recognition Policy, which recognizes
years of service. If an employee has been employed by the City for
10 years he or she will receive a City plaque. After 15 years of
service, the employee will receive a clock radio. If an employee
has been employed by the City for 20 years, he or she will receive a
watch. When an employee reaches 25 years of service, the
employee will receive a 3-Day Cruise for two with $200 for
expenses. The eligible employees will be recognized at the annual
employee appreciation luncheon.
3.3.14 Workers Compensation
Workers' Compensation is a benefit provided to you if you are
injured on the job or become ill due to your job. Workers'
Compensation is separate from personal health insurance. There is
no deductible for Workers' Compensation; all approved medical
bills will be paid. If you are injured or become ill as a direct result
of your job, report the injury to your supervisor as soon as possible.
An employee who is injured on the job, and misses more than one
• (1) day of work or requires treatment by a physician must obtain a
Workers' Compensation Claim Form from your supervisor or your
office manager. This form must be completed and returned to the
City. If an employee misses more than three (3) days of work, this
form will be mailed to his/her home. In addition, the employee
must present a medical release from his/her physician prior to
returning to work. THIS RELEASE MUST SPECIFICALLY
STATE THAT THE EMPLOYEE IS ABLE TO RETURN TO
WORK WITHOUT THE IMMEDIATE RISK OF RE-
INJURY OR FURTHER INJURY TO THE EXISTING
CONDITION, AND THAT HE/SHE CAN PERFORM THE
ESSENTIAL DUTIES OF HIS/HER JOB.
The City of Rosemead pays high premium costs for Workers'
Compensation insurance in order to protect and provide medical
treatment for employees who incur work-related injuries. The City
considers Workers' Compensation fraud to be a very serious
offense. Any employee, who knowingly makes or causes to be
made any false or fraudulent material statement or material
representation for the purpose of obtaining or denying Workers'
Compensation benefits or payments, is guilty of a felony and may
be prosecuted. The City of Rosemead will not tolerate fraudulent
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claims and will not hesitate to report fraudulent claimants to the •
proper authorities.
In the event of an employee's death caused by an injury covered by
Workers' Compensation, the employee's qualified surviving
dependent would be eligible for death-related benefits.
3.3.15 Military Leave
City employees called to active military duty may be paid their
regular City salary for up to 30 days of duty per year, if they meet
certain requirements.
3.3.16 Jury Duty
All City of Rosemead employees may attend jury duty in
accordance with their legal obligation to do so. All regular full-
time employees who have completed twelve (12) months of
continuous service may be eligible for jury duty benefits. Regular
part-time and temporary employees are not eligible for jury duty
benefits. The City will pay each regular full-time employee for •
jury duty up to a maximum of ten (10) business days during any
twelve (12) month period. Any time served beyond this ten (10)
day period shall be without pay. However, the salary of exempt
employees will not be reduced for any week in which he/she
performs any work, even if he/she misses part of the week due to
jury duty. Any benefits under this policy shall be reduced by the
amount of jury-duty pay (other than travel expenses) received by
the employee from other sources. Proper certification of jury duty
from the Court Clerk or the jury foreperson must be submitted to
the personnel office in order to receive pay for jury duty.
All employee benefits will continue for up to thirty (30) days while
you are on jury duty leave. However, you will be required to
continue payment of any required contribution for insurance and
retirement benefits during your jury duty leave. Health and welfare
insurance coverage will be discontinued after thirty (30) days,
unless other arrangements have been made.
3.3.17 COBRA Continuance Coverage
Under the federal Consolidated Omnibus Budget Reconciliation •
Act (COBRA), employees and dependents who lose their health,
Employee Benefits 3-10
•
• dental, or vision coverage due to certain "qualifying events" are
allowed to continue their coverage for a specified period of time.
Employees and/or their dependents (beneficiaries) are eligible to
continue, at their own expense, their health coverage at a premium
of 102% of the applicable group rate if the following conditions
apply:
a. Employees, who are temminated (except those terminated for
gross misconduct), or who have a reduction of hours (partial or
full layoff or an extended leave of absence of more than 30
days), are eligible to continue their health insurance benefits for
18 months, and thereafter such employees are entitled to
convert, at their own expense, their group policy to individual
policies.
•
b. Employees or beneficiaries, who are no longer eligible for
group health coverage because of (1) death of the employee,
(2) divorce or legal separation from the employee, (3) the
employee becoming eligible for Medicare, or (4) a dependent
child of an employee being no longer qualified as a dependent,
are eligible to continue their health insurance coverage for 36
months; thereafter such employees are entitled to convert at
their own expense their group policy to individual policies.
c. For plan years beginning on or after December 19, 1989,
certain disabled qualified beneficiaries of employees, who are
terminated (except those terminated for gross misconduct), or
who have a reduction of hours (partial or full layoff or an
extended leave of absence for more than 30 days), may be
eligible to continue their health insurance benefits for 29
months or even 36 months so long as the disabled qualified
beneficiaries were disabled at the time employees became
eligible for continuation coverage and the qualified
beneficiaries provide notice of their disability determinations
before the end of the original 18 month period of continuation
coverage. Disabled qualified beneficiaries may be charged
150% of the applicable group rate, after the initial 18 month
period of continuation coverage. The qualified beneficiary's
disability must be determined under either Title II (Old Age,
Survivors, and Disability Insurance) or Title XVI
(Supplemental Security Income) of the Social Security Act.
•
d. Continuation benefits are no longer available when the earlier
of the following occurs:
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1. The 18-month, 29-month, or 36-month period expires; •
2. The City ceases providing any group health plan to any
employee;
3. The premium is not paid in a timely manner by the
employee and/or the beneficiary;
4. The qualified employee and/or beneficiary becomes
covered by any other group plan or Medicare; or
5. A beneficiary remarries and becomes covered by
another health plan.
3.3.18 California Extended COBRA
The California Legislature recently passed a new law, which
expands COBRA coverage for California employees (Cal-
COBRA).
Those individuals on COBRA who have used their 18 or 29
months of federal COBRA can then be shifted to Cal-COBRA for
the additional 7 or 18 months, giving the employee a total of 36
months.
For Federal COBRA beneficiaries who elect to continue coverage •
under the new Cal-COBRA law, the additional coverage only
applies to plans that offer "core" coverage, or medical and hospital
benefits, and not to dental and vision plans.
Federal COBRA beneficiaries, who elect to extend their cover
under Cal-COBRA, could be charged more for such coverage.
Cal-COBRA allows the health plan to charge the employee 110%
of the cost of coverage, and 150% for individuals whose coverage
is extended due to disability.
3.3.19 Unemployment Insurance
In accordance with the California Labor Code, the City pays the
premium for unemployment insurance for City employees. This
insurance provides for income payments while unemployed,
according to the amount of earnings in the quarter reflecting the
highest earnings.
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• •
4. Personnel Administration
4.1 Overview
The City of Rosemead recruits and hires without regard to age,
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex,
or sexual orientation of any person except in those specific
instances whereby a bona fide occupational qualification demands
otherwise.
4.2 City Recruitment Process
The City recruitment procedures described below are intended only
as general guidelines for current employees seeking promotional
opportunities and other prospective applicants and may be
modified or revoked without prior notice or agreement.
• 4.2.1 Application Process
Application materials may be obtained from the City Manager's
Office, Rosemead City Hall, 8838 E. Valley Blvd., Rosemead, CA,
91770 or by calling the City Hall at 626-569-2110. Applications
and any accompanying materials must be filled out completely and
must show that the minimum qualifications are met. Neither
resumes nor references to a resume will be accepted in lieu of a
completed City application. Completed applications must
be received in the City Manager's Office, at the above
address, no later than 6:00 p.m. of the final filing deadline. The
City will not accept applications that are facsimiled to the City.
4.2.2 Selection Process
Applicants must be specific and complete in describing their
qualifications for this position. Based upon the information
presented on the application, those applicants who appear to
possess the most suitable qualifications will be requested to
continue in the recruitment process. Failure to state all pertinent
qualifications may lead to elimination from the recruitment
• process. All applicants will be notified by mail of the results of the
selection process.
Personnel Administration 4-1
• •
4.2.2.1 Examination Procedure
Written/Skills Inventory Examination:
A written examination will be warranted when it is necessary to
test the candidate's knowledge and/or abilities in relation to those
factors that are essential for successful performance on the job.
Candidates need a score of 70% or higher to continue in the
examination process. This examination component may comprise
between 25% and 50% of the candidate's final score, depending on
the nature of the job function. Personnel may waive the
written/skills inventory examination depending upon the number of
applicants. When this examination is waived, the oral interview
will receive a weight of 100%.
Oral Interview Examination:
•
Interviews will evaluate the candidate's knowledge, skills, and
abilities in relation to those factors that are essential for successful
performance on the job. Candidates need a score of 70% or higher
to pass this examination. Position on an eligibility list will be based
on the combined passing scores of the written and oral interview
examinations.
4.2.2.2 Eligibility List
This contains the names of the candidates that successfully
complete the written/skills inventory and/or oral interview
examinations (see Examination Procedure). Unless exhausted
sooner, eligibility lists remain active for a period of one (1) year.
The eligibility list established for each recruitment may be used to
fill future regular, and/or part-time/seasonal/temporary vacancies
for that specific job classification.
4.2.2.3 Accommodation for Disability
Individuals with disabilities who require accommodation in the
application, testing and/or interviewing process, must provide the
City Manager's Office by the application due date, documentation
from a qualified authority to confirm the disability and prescribed
accommodation. An applicant is not required to disclose
information about physical or mental limitations that he or she
believes will not interfere with his or her ability to perform the
essential requirements of the job.
Personnel Administration 4-2
•
4.2.3 Intake Process
The City of Rosemead requires a job related physical
examination, including a drug 4nd alcohol test and a complete
background investigation, as part of our selection of regular and
part-time, seasonal, and/or temporary employees. All new
employees will be fingerprinted as part of the employment
process, and a criminal history check will be conducted with the
Department of Justice. Offers of employment are conditioned
upon the successful completion of these examinations.
Additionally, all full-time employees are required to take an Oath
of Office (within thirty days). The Oath is attached to this
Handbook as Attachment D. Personnel will arrange an ap-
pointment with the City Clerk to administer the Oath of Office.
The Oath of Office is an affirmation that the employee will
support, defend, and bear truth and allegiance to the Constitution
of the United States and the State of California. It states that the
employee will take this obligation freely and will faithfully carry
out the duties upon which the employee is about to enter.
• Furthermore, the Federal Immigration Reform and Control Act of
1986 requires that an employee must be a U. S. citizen or an alien
lawfully authorized to work in the United States in order to be
eligible for hire. All new hires will be required to provide
documentation to verify their status.
4.2.4 Verification Of Right To Work
The City of Rosemead is required to verify the right to work in the
United States of America of all employees. All new employees
must verify their right to work in the United States.
Failure of any employee to provide documents proving his or her
right to work in the United States or to execute the required form
issued by the Department of Justice under penalty of perjury will
result in immediate termination.
4.2.5 Statement Of Economic Interest
The Political Reform Act (Government Code Sections 81000-
91015) requires certain state and local government employees to
• publicly disclose their personal assets and income. The City Clerk
will advise you whether your position requires filing of a Statement
Personnel Administration 4-3
• i
of Economic Interest. These forms are public documents and are
available for public review.
4.2.6 Personnel Files
Your Official Personnel File contains records relating to your
employment. An employee's personnel record will contain any
personnel actions taken, workers' compensation information, benefit
enrollment forms, educational courses taken, and all employment-
related documents, giving complete history of employment. Medical
information and Worker's Compensation files are kept separate.
This history is subject to confidentiality.
You have a right to review the content of the folder and request
copies during regular business hours. There may be nominal
duplication charges for duplications.
Confidential or restricted information contained in the Official
Personnel File may be disclosed only to persons authorized by law
and departmental policy to receive such information for official
purposes.
4.2.6.1 Record Updates
Your department personnel contact should be inforrned immediately
of any changes in name, address, telephone number, marital status,
or family status, beneficiary, or other information on file in order to
ensure that federal withholding statements, medical, dental, and life
insurance, retirement records, etc. are corrected. The employee may
be liable for any costs incurred by the City as a result of failure to
notify your department personnel contact of the changes.
4.2.7 Grievance Process
The grievance procedure is designed to give employees a process to
settle work-related problems. An employee will have the right to file
a grievance concerning an alleged violation, misinterpretation or
inequitable application of City policy, rules, regulations,
administrative orders and/or procedures. The grievance procedure is
as follows:
•
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• 4.2.7.1 Informal Process
Any employee who believes there is a problem that constitutes a
grievance shall:
Contact their immediate supervisor and arrange an appointment to
verbally settle the problem that same day. If this discussion settles
the matter, then no further action is necessary. If the employee feels
the meeting does not resolve the problem, then the employee shall:
Contact their supervisor's immediate superior to arrange an
appointment as soon as possible to discuss the problem. If no
satisfactory solution is reached, the employee has ten
working days to begin formal proceedings described below.
4.2.7.2 Formal Process
The employee shall write out their grievance formally and give three
copies to their immediate supervisor (One copy to the City
Manager's Office and one copy for their supervisor). The immediate
supervisor shall respond in writing to the employee within ten (10)
• working days of receiving the written grievance.
If no response is received, or the response is not satisfactory, the
employee may:
Send a copy of the written grievance to the supervisor's immediate
superior (department director) within ten (10) working days. The
department director shall respond in writing within ten (10) working
days of receiving the written grievance.
If no response is received, or the response is not satisfactory, the
employee may:
Send a copy of the written grievance to the City Manager within ten
(10) working days. The City Manager shall reply with a written
decision within thirty (30) calendar days, and this decision will be
final.
4.2.8 Disciplinary Action
Discipline is the enforcement of conformity to policies, rules, and
• regulations and other administrative and/or legal requirements or
practices. Discipline is designed to maintain a standard of
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•
cooperation and conduct necessary to successfully carry out the •
service mission of the City organization. Self-discipline or self-
conformity is the goal for which these policies and procedures
strive. Where self-discipline fails, disciplinary action is authorized
and shall be accomplished in such a manner as to be just, equitable,
consistent, and suited to the situation. The disciplinary action,
when taken, shall be documented in such a manner as to be
defensible on appeal and/or review.
In all instances where disciplinary action is contemplated, the
affected regular, non-probationary employee shall be afforded a
reasonable opportunity to present, in person, his/her view of the
incident(s) resulting in the discipline prior to a decision to impose
disciplinary action.
4.2.8.1 Causes For Disciplinary Action
Any one or more of the following shall constitute grounds for
disciplinary action:
(a) Fraud in securing employment or making false statements
on an application for employment or on any supporting
documents furnished with or made a part of any •
application.
(b) Incompetency, such as failure to comply with the minimum
standard of an employee's position for a significant period
of time.
(c) Inexcusable negligent of duty, such as failure to perform
duties required of an employee within his or her position.
(d) Willful disobedience and insubordination such as a willful
failure to submit to duly appointed and acting supervision
or a willful failure to conform to duly established orders or
directions of persons in a supervisory position.
(e) Dishonesty involving employment.
(f) Being under the influence of alcohol or intoxicating drugs
while on duty.
(g) Addiction or habitual use of alcoholic beverages, narcotics,
or any habit forming drug, so as to interfere with job
performance. •
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• (h) Inexcusable or unexcused absence.
(i) Conviction of a felony, or a misdemeanor involving moral
turpitude, which shall be deemed to include only crimes
involving dishonesty or character. depravity, which can be
proven to relate to the satisfactory performance of the
employee's job.
(j) Discourteous treatment of the public. Normally such
behavior is grounds for reprimand, but more serious
discipline shall be given in event of multiple reprimands.
(k) Improper or unauthorized use of City property.
(1) Violation of the rules and regulations of any department.
(in) Any willful act of conduct undertaken in bad faith which
either during or outside of duty hours is of such a nature
that it causes discredit to fall upon the City, the employee's
department or division. Willful failure to maintain proper
decorum during working hours causing discredit to the
• employee's department or division.
(n) Abuse of sick leave, such as taking sick leave without a
doctor's certificate when one is required.
(o) Inattention to duty, tardiness, indolence, carelessness or
negligence in the care and handling of City property.
(p) Acceptance from any source of a reward, gift, or other form
of remuneration in addition to regular compensation by an
employee for the performance of official duties.
(q) Falsification of any City report or record, or of any report of
record required to be, or filed by the employee.
(r) Willful violation of any of the provisions of the Rosemead
Municipal Code, lawful ordinances, resolutions, or any
rules, regulations, or policies which may be prescribed by
the City Council, City Manager or department head as
appointing authority.
(s) The political activities of City employees, which do not
conform to pertinent provisions of State Law.
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The following are activities not affected: 0
(a) Nothing in these rules and regulations shall be construed to
prevent any officer or employee from becoming or
continuing to be a member of a political club or
organization, or from attendance at a political meeting, or
from enjoying entire freedom from all interference in
casting his vote or from seeking or accepting election or
appointment to public office.
(b) No person in the employ of the City, or seeking admission
thereto shall be employed, promoted, demoted, or
discharged, or in any way favored or discriminated against
because of political opinions, except that no one shall be
eligible to hold a position with this City who is or becomes
sympathetic or affiliated with any group or movement that
advocates the overthrow of the government by force or
violence.
(c) Any employee of the City seeking election for himself or
for any other person to any public office or soliciting votes
in favor of or against any propositions to be submitted to •
the voters in any election shall not do so during working
hours or while wearing a uniform or badge identifying him
with his employment by the City; except, however, that
such prohibitions shall not be applicable to any employee
appearing before any public employees' organization for
which he is a member.
4.2.9 Layoffs And Recalls
The appointing authority may layoff or reduce an employee when
necessary for reasons of lack of funds or lack of work. At other
times, layoffs result from the reorganization of personnel to make
the City more efficient. At such times, the City of Rosemead must
retain its best and most productive employees. The City of
Rosemead will lay off employees based upon a number of factors
including job classification or status, work record, performance,
evaluations, attendance and discipline, skill; ability, qualifications,
and length of employment with the City of Rosemead. The relative
weight to be given each of these factors in determining which
employees within the classification are laid off will be determined
by the City of Rosemead. •
Personnel Administration 4-8
• 9
• An employee who has health insurance coverage, who is laid off
for lack of work, will have his or her health and life insurance
benefits continued for thirty (30) days. At that time, the employee
may choose to enroll in a COBRA plan. See Section 3.3.16 entitled
COBRA Continuance Coverage.
An employee who is laid off will have rights for six (6) calendar
months following their lay off. Thereafter, he/she will lose all
employee status with the City of Rosemead. An employee who is
entitled to recall rights will have the right to be called back to the
position they held at the time of layoff or to a lower position if
such position becomes available during the six (6) month period
after the layoff based on a number of factors including: job
classification, work load, performance evaluations, attendance and
discipline, skill, ability, qualification, and length of employment
with the City of Rosemead. The relative weight to be given to each
of these factors in determining who shall be recalled from layoff
shall be determined by the City of Rosemead.
•
•
Personnel Administration 4-9
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5. State/Federal Laws & Regulations
5.1 Overview
The City of Rosemead adheres to a number of laws and policies,
summarized below, that are designed to promote a safe,
comfortable, and professional work environment for all employees.
For details of these laws and policies, contact the City Manager's
Office.
5.2 Americans With Disabilities Act
The Federal Americans with Disabilities Act (ADA) protects
permanently disabled employees and job applicants from
discrimination based on their disabilities. The ADA requires
employers to provide reasonable accommodations to enable
individuals with disabilities to apply for and perform their job.
California's Fair Employment and Housing Act provides civil
rights protections similar to, and in some cases broader than, the
ADA.
E
5.3 Drug-free Workplace
The City of Rosemead has a formal SUBSTANCE ABUSE
POLICY STATEMENT. The purpose of this policy is to deter
substance abuse as it relates to City employees and the provision of
City services to the public by creating a program of education and
rehabilitation assistance for City employees. This policy establishes
procedures for the investigation, referral or discipline of City
employees deemed to have substance abuse related problems.
POLICY STATEMENT
For purposes of this policy, the term "controlled substances" shall
mean illegal drugs, narcotics, and hallucinogens, including but not
limited to Cocaine, THC (marijuana), opiates (codeine, heroin,
morphine), Amphetamines (i.e,"speed"), and Phencyclidine
(PCP), and prescription medications not medically prescribed to
the specific individual. "Alcohol" shall mean alcoholic beverages.
The public has a right to expect each public employee to deliver
• services in a safe and conscientious manner. The use of controlled
substances or alcohol by City employees in the workplace, or at
such time as it may impair the employee's ability to perform
State/Federal Laws & Regulations 5-1
•
•
required duties during working hours, creates a serious potential
public liability. Therefore, in order to ensure the safety of
employees, the public and the work environment, City employees •
must be free of potential impairment by controlled substances or
alcohol.
The unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance or alcohol by City employees in the
workplace or at such time as it may impair the employee's ability
to perform required duties during working hours is strictly
prohibited. Violation of this policy may result in disciplinary
action, up to and including termination of employment.
Specific actions to be taken in dealing with individual employees
will be determined on a case-by-case basis. Employees who
suspect that they may have a chemical dependency problem based
on alcohol or controlled substance abuse are encouraged to utilize
the drug/alcohol rehabilitation programs in their health plans. If
none are available, they may utilize other community-based
resources available before this dependency affects their
employment status. Such participation is voluntary and
confidential.
The City will attempt to rehabilitate an employee whenever the
individual employee's work record, length of employment with the
City, and other factors justify such an effort. Rehabilitative efforts
may include referral to community resources, detoxification or
treatment at the employee's expense, approved leave of absence, or
transfer or reassignment as the circumstances may warrant.
The City reserves the right to require employee participation in a
rehabilitative program as a condition of discipline or continued
employment if the employee has been found to be in violation of
this policy. Failure of a rehabilitative effort for a qualified
employee may result in serious discipline, up to and including
termination of employment.
CONDITIONS FOR TESTING
Supervisors and managers are charged with the responsibility to
ensure that employees are not allowed to perform hazardous duties
when there is any reasonable objective indication of impairment of
their ability to perform their required duties.
Employees may be subject to blood and/or urine testing for cause.
Cause shall be determined by employee behavior or conduct •
inappropriate to the job and symptoms indicative of controlled
substance or.alcohol use. An employee suspected of impairment
State/Federal Laws & Regulations 5-2
LJ
caused by the use of alcohol or controlled substances will be
ordered to submit to blood and/or urine testing. Refusal by an
• employee to submit to such testing as ordered, will be considered
insubordination and grounds for discipline, up to and including
termination of employment.
NOTICE OF CONVICTION
As a condition of continued employment, City employees are
required to notify the City of any criminal drug statute conviction
for a violation no later than five (5) days after such conviction.
Within thirty (30) days of receiving such notice from an employee,
the City shall take one of the following actions with respect to any
employee so convicted:
Take appropriate personnel action against such employee,
up to and including termination; or
2. Require such employee to participate satisfactorily in a
substance abuse assistance or rehabilitative program
approved for such purposes by a Federal, State, or local
health, law enforcement or other appropriate agency.
• Please review and sign the Substance Abuse Policy
Acknowledgement form attached to this Handbook as Attachment
E.
5.4 Family & Medical Leave
This policy is intended to meet the requirements of the Family and
Medical Leave Act of 1993 "FMLA" and the California Moore-
Brown-Roberti Family Rights Act.
Eligibility and terms of the leave. Family and medical leaves of
absence are available on an unpaid basis to eligible employees. In
order to qualify for a leave, an employee must (a) have been
employed for at least 12 months, (b) have worked at least 1,250
hours of service during the 12-month period immediately before
the leave would begin, and (c) work within a 75-mile radius of 50
or more employees of the City. An eligible employee may request
up to 12 weeks leave in a 12-month period to care for a newborn
child, for the placement of a child for adoption or foster care, to
care for the employee's seriously ill spouse, child or parent, or for
the employee's own serious health condition that prevents the
employee from performing his or her job.
40 A serious health condition is defined as an illness, injury,
impairment, or physical or mental condition which warrants the
State/Federal Laws & Regulations 5-3
participation of a family member to provide care during the period
of the treatment or supervision and involves either: (a) in-patient
care in the hospital, hospice, or residential health care facility; or •
(b) continuing treatment or continuing supervision by a health care
provider.
Under California law, leaves taken because of disability on account
of pregnancy, childbirth, or related medical conditions are not
included within the definition of one's own serious health
condition. Female employees are entitled to four months of
pregnancy disability leave as provided by law in addition to the
Family and Medical Leave.
When it is medically necessary, you may take your leave on an
intermittent basis or use a reduced-time schedule, that is, work
fewer hours per day or per week than your usual schedule requires.
Notice. If your leave of absence is foreseeable based on an
expected birth, placement for adoption or foster care, or planned
medical treatment for your own serious health condition or that of
a family member, you must give the City at least 30 days advance
notice. If 30 days notice is not practicable, the employee must give
notice as soon as possible. The notice must be sufficient to make
your supervisor or the City aware that you intend to take FMLA- •
qualifying leave, and the anticipated timing and duration of the
leave. In the event your leave is for a planned medical treatment,
you must consult with your supervisor and make a reasonable
effort to schedule your leave so as not to disrupt operations. If an
employee fails to give 30 days notice of a foreseeable leave with no
reasonable excuse for the delay, the City reserves the right to delay
the taking of FMLA leave until at least 30 days after the date the
employee provides notice of the need for FMLA leave.
If you are granted a leave of absence, you may be required to
provide periodic reports, as requested, that describe your status and
when you expect to return to work.
Applying for Family and Medical Leave. Any employee
applying for medical leave, must submit a Request for Leave of
Absence along with a written certification from your health care
provider containing the following information:
(1) The date on which the serious health condition began or
will begin;
(2) The probable duration of the condition;
(3) A statement that, due to the serious health condition, you
are or will be unable to perform the functions of your
position.
State/Federal Laws & Regulations 5-4
• A request for family leave to care for a child, spouse, or parent who
has a serious health condition must be accompanied by a
certification signed by a physician that includes all of the following
information:
(1) The date on which the serious health condition began;
(2) The probable duration of the condition;
(3) An estimate of the amount of time that the physician
believes the employee needs to take in order to care for the
child, parent, or spouse; and
(4) A statement that the serious health condition warrants the
participation of a family member to provide care during a
period of treatment or supervision of the child, parent, or
spouse.
If you request intermittent leave or leave on a reduced-time
schedule, you also must provide certification of the medical need
for either of these types of leave, its expected duration, and, if
applicable, the duration and date your medical treatment is to be
given.
If you need additional leave after the time stated in your original
• certification, you must submit recertification containing the
information outlined above.
Return to work. When you are ready to return to work, you must
present the City with certification from your physician that you are
able to safely perform all of the essential functions of your position
without the immediate risk of re-injury or further injury to your
current health condition, and can do so with reasonable
accommodation.
If you take 12 work weeks of leave or less in a 12-month period
due to either your own serious health condition (not including
pregnancy) or family care, you are entitled, upon return from leave,
to be reinstated in the position you held before going on leave or to
be placed in an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
Integration with other benefits. Family and medical care leaves
are unpaid. The City does not pay you during a leave of absence
for non-occupation disability and you must exhaust accrued
vacation time and personal holiday(s) prior to taking any unpaid
leave. If the leave is taken due to your own serious health
• condition, you must also exhaust all accrued sick leave. Sick leave
will not be exhausted in the case of a family leave of absence.
State/Federal Laws & Regulations 5-5
LJ
The employee must use all vacation pay while on family leave.
Sick pay, if any is provided to an employee, must be used while an
employee is on family leave, if the leave is taken due to the •
employee's own illness or injury.
The City will maintain your group health benefits during the first 3
months of any leave of absence you take during the relevant 12-
month period under the same terms and conditions of coverage
which was provided prior to the leave, so long as the employee
makes his or her contribution, if any, in the same amount as
required prior to the leave of absence. If you remain on unpaid
leave beyond 3 months, the City's contribution towards your
medical plan will be discontinued and you will need to make
arrangements to pay the premiums.
If you fail to return from family care or medical leave, for a reason
other than your own serious health condition or that of an
inunediate family member, or another reason beyond your control,
the City may recover from you the health coverage premiums paid
by the City for you while you were out on unpaid leave. The
recovery by the City of paid insurance premiums, when
appropriate, will be deducted from your final paycheck as
authorized by the necessities of life exception to the assignment of
wages pursuant to California Labor Code section 300 (g). •
For the purposes of pension and retirement plans, the City shall not
be required to make planned payments for an employee during the
leave, and the leave shall not be required to be counted for the
purposes of time accrued under the plan. However, an employee
covered by a retirement plan may continue to make contribution in
accordance with the terms of the plan during the period of the
leave.
Refusals to grant family care leave. By law, the City may refuse
to grant a request for family care leave made by an employee if the
City's refusal is necessary to prevent undue hardship to the City's
operation. The City of Rosemead may refuse to grant a request for
family care leave made by a salaried employee who, on the date the
request for family care leave is made, is either one of the five
highest-paid employees or among the top ten percent of the
employees in terms of gross salary, whichever group encompasses
the greater number of persons employed by the City at the same
location.
The City shall not be required to grant an employee family care
leave, which would allow the employee and the other parent of the
child, family care leave totaling more than the amount specified in
this policy. The City shall not be required to grant an employee
State/Federal Laws & Regulations 5-6
family care leave for a period of time in which the child's other
• parent is also taking family care leave from employment or is
unemployed.
5.5 Pregnancy Leave
Eligibility and terms of leave. A pregnant employee is entitled to
a reasonable leave of absence without pay for any temporary
disability resulting from pregnancy, miscarriage; childbirth or
recovery. Such reasonable leave of absence shall not exceed a
period of four (4) months. You may take this leave, as needed, for
all disabilities related to each pregnancy. The leave does not have
to be taken in one continuous period of time.
Applying for leave. An employee who plans to take a pregnancy
leave must give a reasonable notice (not less than four weeks)
before the date she will take the leave or as soon as you know, with
reasonable certainty, the expected date on which your leave will
begin. You should submit an Employee Leave Time
Report/Request, and you must present written certification from
your health care provider stating your anticipated delivery date and
the estimated duration of your absence, including any period of
• time before and after delivery that you are expected to be disabled,
assuming a normal delivery.
Any request for a leave of absence after your disability has ended
will be treated as a request for family care leave.
Return to work. To return to work, you must present the City
with a written release from your health care provider certifying that
you are able to perform safely all the essential functions of your
position without the immediate risk of re-injury or further injury to
your health condition, and that you can return to work with
reasonable accommodation.
The City will reinstate you to.the position you held before your
leave began, unless one of the following conditions exists:
(a) Your job has ceased to exist for legitimate business
reasons;
(b) Your job could not be kept open or filled by a temporary
employee without substantially undermining the City's
ability to operate safely and efficiently;
(c) You have directly or indirectly indicated your intention not
• to return to your job;
(d) You are no longer able to perform the essential functions of
your job with or without reasonable acconunodation; or
State/Federal Laws & Regulations 5-7
(e) You are no longer' qualified for the job.
If the City cannot reinstate you to your job, the City will offer you a
substantially similar position provided: (1) a substantially similar
position exists and is available, (2) filling the available position
would not substantially undermine the City's ability to operate
safely and efficiently, and (3) you are qualified for the position.
Integration with other benefits. The City does not pay you
during your leave of absence for pregnancy, childbirth, or other
related medical condition, but, if you choose, you may use your
sick leave, accrued vacation time, and your personal holiday time
during your leave.
The City will maintain your group health benefits during the first 3
months of any leave of absence you take in the relevant 12-month
period under the same terms and conditions of coverage which was
provided prior to the leave, so long as you make your contribution,
if any, in the same amount as required prior to the leave of absence.
5.6 Personal Leave
Employees who are temporarily unable to work for personal
reasons, and who have completed their training period, may apply •
for an unpaid leave of absence. A leave of absence without pay
may be granted at the discretion of management, for any reason it
deems adequate. A request for a leave of absence will be
considered on the basis of the employee's position, level of
responsibility, length of service; performance, the reason for the
request, and the City's ability to obtain a satisfactory replacement
during the time the employee would be absent.
The City reserves the right to require written documentation
supporting the employee's stated reason(s) for requesting an
unpaid leave of absence. Benefits are not earned during personal
leave.
Personal leaves of absence taken under any circumstance are
discouraged except in extreme personal urgent matters. Any
personal leave must be arranged with an employee's supervisor and
submitted in writing for approval. No personal leave exceeding
thirty (30) consecutive days will be granted for any reason, due to
the potential hardship such leaves may impose on fellow
employees and the City. Any employee not returning to work at
the end of an authorized leave will be subject to discharge.
Personal leaves are not granted to training period employees. The •
City requires at least one (1) year of continuous service before it
State/Federal Laws & Regulations 5-8
will consider an employee's application for a personal leave of
• absence.
The City will make a reasonable effort to place employees
returning from a personal leave of absence, in the same or similar
position. However, with the exception of family and medical,
pregnancy, and/or military leaves, the City is under no obligation to
place any employee back on the payroll in any position at any
salary level.
Personal leaves of absence are unpaid. You will not accrue
vacation or sick leave, nor will you be paid for holidays during
your leave of absence.
The City will maintain your group health benefits during the first
30 days of your personal leave of absence under the same terns
and conditions of coverage, which was provided prior to the leave,
so long as you make your contribution, if any, in the same amount
as required prior to the leave of absence. If you remain on unpaid
leave beyond 30 days, the City's contribution towards your medical
plan will be discontinued and you will need to make arrangements
to pay the premiums. If you fail to return from your personal leave
of absence, the City may recover from you the health coverage
• premiums paid by the City for you while you were out on unpaid
leave.
For the purposes of pension and retirement plans, the City shall not
be required to make planned payments for an employee during the
leave, and the leave shall not be required to be counted for the
purposes of time accrued under the plan. However, an employee
covered by a retirement plan may continue to make contributions
in accordance with the terms of the plan during the period of the
leave.
5.7 Harassment
The City has a formal policy against HARASSMENT IN THE
WORK PLACE. The following harassment in the workplace
statement is to define and issue to all employees the City's policy
on the prohibition of harassment in the work place.
POLICY:
Harassment of an applicant or employee by a supervisor,
management employee or co-worker on the basis of race, religious
• creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age will not be tolerated.
State/Federal Laws & Regulations 5-9
Disciplinary action up to, and including termination, will be
instituted for behavior described in the following definition of
harassment. •
DEFINITION:
Harassment includes, but is not limited to:
1) Verbal Harassment - For example, epithets, derogatory
comments or slurs on the basis of race, religious creed, color,
national origin, ancestry, physical handicap, medical condition,
marital status, sex or age.
2) Physical Harassment - For example, assault, impeding or
blocking movement, or any physical interference with normal
work or movement when directed at an individual on the basis
of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, sex or age.
3) Visual Forms of Harassment - For example, derogatory
posters, notices, bulletins, cartoons, or drawings on the basis of
.race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex or age.
4) Sexual Favors - Unwelcome sexual advances, requests for •
sexual favors, and other verbal or physical conduct of a sexual.
nature which is conditioned upon an employment benefit,
which unreasonably interferes with an individual's work
performance or creates an offensive work environment.
GRIEVANCE PROCESS:
An employee who has been harassed on the job should inform, as
soon as possible, the employer, its agents or supervisors of the
incident. To accommodate the unique nature of harassment
complaints, the following grievance process is provided for the
purpose of resolution of a complaint at the earliest possible date.
Elements of this process are:
Complaint Advisors - The City Manager or his/her designee will
be available to receive harassment complaints. Actions to be taken
will include, but may not be limited to:
(1) Counseling the employee and outlining the options available. •
State/Federal Laws & Regulations 5-10
• 9
(2) Obtaining a factual written statement of the complaint for the
• affected Department Head.
(3) Assisting in follow-up investigation, interviewing accused,
witnesses, and supervisors as appropriate, and recommending
disposition of the complaint.
Department Head and/or City Manager - Authorizes investigation
of the complaint, reviews factual information collected to
determine whether the alleged conduct constitutes harassment,
giving consideration to the record as a whole and the totality of
circumstances, including the nature of the verbal, physical, visual
or sexual favor aspect of the advance and the context in which the
alleged incidents occurred. Takes and/or authorizes appropriate
action, including but not limited to the following:
A. Determination that the allegations are not sustained; or
B. Discipline the employee, upon a determination that the
allegations against the employee are sustained. Such
discipline may take the form of any of, or a combination
of, the following:
• (1) Oral reprimand.
(2) Written reprimand.
(3) Imposition of probationary status.
(4) Suspension without pay.
(5) Dismissal from employment.
Confidentiality - Significant efforts will be made to protect the privacy of
parties involved in a complaint. Files pertaining to complaints handled
under the pre-grievance process will not be made available.to the general
public.
Dissemination of City Policy - All employees, supervisors and managers
shall be sent copies of this Policy and this Policy shall be posted in
appropriate places.
PLEASE NOTE: Harassment, as defined above, violates Title XII of the
Civil Rights Act of 1964, the California Government Code, regulatory
guidelines of the Equal Employment Opportunity Commission, and the
• California Fair Employment and Housing Commission.
State/Federal Laws & Regulations 5-11
9
VIOLATION OF THIS POLICY SHALL GENERALLY
CONSTITUTE JUST AND REASONABLE CAUSE FOR
DISCIPLINE, UP TO AND INCLUDING TERMINATION. •
5.8 Sexual Harassment
Sexual harassment is a form of discrimination prohibited by the
Civil Rights Act of 1964 and the California Government Code.
Sexual harassment is illegal and will not be tolerated. Unwelcome
sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment
when: (1) submission to such conduct is made either explicitly or
implicitly a term or condition of employment, (2) submission to or
rejection of such conduct by an employee is used as the basis for
employment decisions affecting such employee, or (3) such
conduct has the purpose or effect of unreasonably interfering with
an employee's work performance or creating an intimidating,
hostile, or offensive working environment.
For example, sexual harassment includes soliciting sexual favors
from an unwilling subordinate or co-worker in return for
promotions, increased wages or continuance of the job, as well as
verbal or physical conduct of a sexual nature such as off-color
jokes, crude language or initiating sexually suggestive
conversations.
Employees are requested to report any incident of harassment
immediately to their supervisor or to any member of management.
If the alleged harasser is the reporting employee's immediate
supervisor, the employee need not report their claim to the
immediate supervisor, and should report the harassment to any
member of management. All complaints will be thoroughly
investigated. The results of the investigation will be made known
to the complaining employee, and the City will take appropriate
disciplinary action against the alleged harasser, if warranted.
5.9 Equal Employment Opportunity
•
The City is an equal opportunity employer. It is the policy of the
City that its workforce be representative of California's diverse
population. All employees are entitled to a work environment free •
of discrimination based on race, color, age, religion, sex, disability,
national origin, ancestry, marital status, sexual orientation, or
State/Federal Laws & Regulations 5-12
• 9
political affiliation. It is illegal to retaliate against an employee for
• filing a discrimination complaint or participating in the complaint
process.
•
•
State/Federal Laws & Regulations 5-13
• •
• ATTACHMENT A
RECEIPT FOR EMPLOYEE HANDBOOK
Today I received a copy of The City of Rosemead's Employee Handbook. I agree to read
the Employee Handbook and to comply with the various policies and practices of the
City.
I also understand that neither this Employee Handbook nor any other communication by
a management representative, is intended to in any way create a contract of employment,
either express or implied. Rather, I understand that the City of Rosemead and I each have
the right to terminate my employment at pleasure.
DATE
• (Return to vour Supervisor)
SIGNATURE OF EMPLOYEE
0
• ATTACHMENT B
AUTHORIZED DEDUCTION FORM
I understand that upon termination, I must return to my supervisor all work-
related items, including any City keys, uniforms, gloves, hearing protection,
and/or safety glasses issued to me by the City of Rosemead. I understand that
upon termination, general office supplies are to be left in my desk. I authorize the
deduction, from my last paycheck, of the cost of all work related items that I do
not return. I also authorize my employer to deduct from my next paycheck any
funds owed for purchases from the City of Rosemead for which I have written a
check that is returned or used a credit card that is not honored by the card issuer.
I also authorize my employer to deduct from my next paycheck the cost of any
unauthorized use of the City of Rosemead's equipment or services including, but
not limited to, the cost of personal telephone calls.
EMPLOYEE'S SIGNATURE DATE
DATE TERMINATED:
Employee returned all items issued except those listed below
• (List items not returned and cost to be charged)
Total cost to be deducted from employee's last paycheck: $
SUPERVISOR'S
SIGNATURE DATE
• •
• ATTACHMENT C
ELECTRONIC COMMUNICATIONS AND INTERNET ACCESS
POLICY ACKNOWLEDGEMENT
I hereby acknowledge receiving and reading a copy of the ELECTRONIC
COMMUNICATIONS AND INTERNET ACCESS POLICY. I also understand
that any questions concerning the policy may be addressed to the Assistant City
Manager.
I understand that the City's E-mail, Internet-access system and computer network
are for City business only. I further understand that all information contained on
or communicated through the E-mail and Internet access system and computer
network is subject to monitoring, review and disclosure.
(Initial)
Consequently, I have no expectation of privacy in communications stored on, or
• communicated through, any City computer system or network as such
communications are not private or confidential.
(Initial)
Finally, I understand that violation of this Electronic Communication and Internet
Access Policy may result in disciplinary action, up to and including dismissal.
(Initial)
Name (printed or typed):
Signature:
Date:
• ATTACHMENT D
LOYALTY OATH
1, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution of the State
of California against all enemies foreign and domestic; and I will bear true faith and
allegiance to the Constitution of the United States and the Constitution of the State of
California; that I take this obligation freely; without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon which I am about to
enter.
Signature
I, The City Clerk of the City of Rosemead, of said County do hereby certify that
was duly appointed
of the City of Rosemead on
• this day of
19 . Witness my hand
City Clerk
0
• 0
• ATTACHMENT E
SUBSTANCE ABUSE POLICY ACKNOWLEDGEMENT
1, do hereby acknowledge that I received a copy
Print Full Name
of the City of Rosemead's Substance Abuse Policy and understand it to be effective
immediately and to be a part of the City's Personnel Rules and Regulations contained in
this Employee Handbook.
Signature
Title
•
Date
Department
0
0 •
• ATTACHMENT F
NEW EMPLOYEE INFORMATION SHEET
Employee's Name
Birth Date
Please list below the individual you wish to be contacted in case of an emergency:
Name:
Address:
Street City Zip
Telephone:
Work Home
Relationship:
•
0