2023/06/13 City Council Resolution 2023-046 RESOLUTION NO. 2023-046
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING UPDATES TO THE CITY MANAGER
ADMINISTRATIVE POLICY NUMBER 1 "PERSONNEL RULES AND REGULATIONS"
WHEREAS, the City Council initially approved Personnel Rules and Regulations on April
11, 1966 with the rules being presented as the City Manager's Administrative Policy No. 1; and
WHEREAS, the City Council approved revisions to the Personnel Rules and Regulations
on April 25, 1983; and
WHEREAS, the City Council approved further revisions to the Personnel Rules and
Regulations on November 12, 1991 and November 9, 2004; and
WHEREAS, the existing Personnel Rules and Regulations require updating to be in
compliance with current state and federal law; and
WHEREAS, the City consulted with Burke, Williams, and Sorensen, the law firm
representing the City's legal interests, to provide recommendations on drafting revised Personnel
Rules and Regulations compliant with existing state and federal laws; and
WHEREAS, the revisions have been discussed with the employee organizations as require
by the Meyer-Milas Brown Act and the revisions have received approval by the employee
organizations; and
WHEREAS, the City Council has been presented the revisions to the Personnel Rules and
Regulations and has found them satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the Personnel Rules and Regulations, attached hereto and incorporated herein as Exhibit
1, presented as revised and dated June 13, 2023 are hereby approved.
DULY AND REGULARLY ADOPTED this 13th day of June 2023.
CITY OF ROHNERT PARK
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Allifj •: 'odriguez, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
Attachment: Exhibit 1
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CITY MANAGER’S
ADMINISTRATIVE POLICY NO. 1:
PERSONNEL RULES AND REGULATIONS
JUNE 13, 2023
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TABLE OF CONTENTS
SECTION 1 – INTRODUCTION ................................................................................................. PAGES 2 – 5
SECTION 2 – PAY PLANS AND COMPENSATION ................................................................ PAGES 5 – 8
SECTION 3 – BENEFITS ........................................................................................................... PAGES 8 – 21
SECTION 4 – RECRUITMENT AND SELECTION PROCESS ................................................. PAGES 22 – 28
SECTION 5 – SEPARATION AND REINSTATEMENT ............................................................ PAGES 28 – 31
SECTION 6 – INCOMPATIBLE ACTIVITY/CONFLICTS OF INTEREST ................................. PAGES 31 – 32
SECTION 7 – DISCIPLINARY ACTION .................................................................................... PAGES 32 – 37
GLOSSARY – DEFINITION OF TERMS ................................................................................... PAGES 38 – 41
SECTION 1 - INTRODUCTION
A. Purpose - The Director of Human Resources, as Personnel Officer for the City or their designee, is
charged with the responsibility of the City’s personnel practices. In order to establish an equitable and
uniform procedure for dealing with personnel matters and to attract to municipal service the best and most
competent persons available, to assure that appointment and promotions of persons will be based on merit
and fitness and to provide a reasonable degree of security for qualified employees, the following rules and
regulations are established.
All of the rules, policies, provisions, and procedures may not be set forth here. Other pertinent rules that
apply to the City’s employment and personnel matters may be found in other documents including City
ordinances, resolutions, contracts and employee bargaining unit memorandums of agreement (MOA).
B. Coverage - These rules and regulations apply to all regular full-time employees, regular part- time
employees, and all positions and employments in the service of the City, except;
1. Elective officers in the performance of their elective duties and Members of appointed boards,
commissions and committees.
2. Persons engaged under contract to supply expert, professional, technical or other services (e.g.:
Independent Contractors).
3. Volunteer personnel City Manager and City Attorney.
4. Probationary employees, except as expressly provided herein.
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5. Limited Service Personnel (i.e. temporary or seasonal employees employed by the City not more than
six (6) months during the fiscal year for special purposes).
6. Part-time temporary employees paid by the hour or day who do not meet the definition of regular part-
time employees.
7. Department Directors who have entered into an at-will employment agreement with the City.
C. General Provisions -
1. The City expressly prohibits discrimination in employment on the basis of actual or perceived race,
religious creed, color, national or ethnic origin, ancestry, mental or physical disability, pregnancy,
childbirth, medical conditions, marital status, sex, sexual preference, gender, gender identity, gender
expression, transgender status, reproductive health decision making, military service and veteran
status, pregnancy, political opinion, political affiliation or on the basis that an individual is age forty (40)
or over, or any other basis protected by federal, state or local law.
2. An employee's work performance will be evaluated by their immediate supervisor or the supervisor’s
designee at least once a year on a form prescribed by the Personnel Officer. Supervisors will discuss
their evaluations in full with each employee, outline goals and expectations, and address where the
employee has done an outstanding job and suggest ways in which job performance can be enhanced.
3. Employees must be physically and mentally able to perform the essential functions of the job, with or
without reasonable accommodation.
4. The City retains full and exclusive authority and discretion to modify these rules and agrees to meet
and confer with representatives of recognized employee organizations on those changes that are
within the scope of representation.
5. Nothing herein prevents or restricts the City’s right to contract for performance of expert, professional,
technical, construction, maintenance, or any other services.
6. Nothing herein prevents or restricts a Supervisor from issuing departmental rules, policies or
regulations needed for the efficient operation of a City department.
7. These Personnel Rules and Regulations do not create any contractual rights, or any express or
implied employment contract between the City and the individuals covered by these Policies.
8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby
incorporated by reference.
D. Bargaining Units - If any outline of conditions of employment or memorandum of agreement between a
recognized employee organization and the City conflicts with the provisions of these rules, then the
provisions of the outline of conditions of employment or memorandum of agreement will prevail.
E. Personnel Records - In the case of personnel records, the term “personnel records” means any file
maintained under the individual’s name by their employing agency containing records relating to personal
data, including marital status, family members, educational and employment history, or similar information,
medical history, election of employee benefits, and employment advancement, appraisal, or discipline.
1. The City maintains personnel files for all employees which contain all records, files and documentation
used to determine the employee’s qualifications, performance, promotion, additional compensation,
termination or other disciplinary action.
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a. Each employee must promptly notify the Human Resources Department of any changes in
relevant personal information, including but not limited to; mailing address; telephone number;
name(s) of dependent(s); and persons to contact in an emergency, along with contact
information.
b. Personnel files are deemed confidential unless the employee consents to a disclosure in writing
or the City is required to disclose such material by law. City personnel have access to
confidential personnel files only on a "need to know" basis for legitimate business reasons.
2. The City maintains a confidential file for all employees which contains all medical information about an
employee or applicant. Information in this confidential file is obtained and maintained in accordance
with state and federal law (e.g. the California Confidentiality of Medical Information Act and the federal
Health Insurance Portability and Accountability Act ("HIPAA"). City personnel have access to
confidential medical files only on a "need to know" basis for legitimate business reasons.
3. All inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the
Human Resources Department for handling and response. This includes, but is not limited to,
inquiries concerning employee performance or evaluation in connection with new employment
opportunities and employment verification checks for financing purposes. This procedure applies to
both former and present employees.
a. Absent a written release from the employee, the Human Resources Department provides only
dates of hire and termination, position title, and pay range.
b. Information disseminated to inquiring parties will be extracted from the personnel files in the
Human Resources Department, as permitted by law. The City's written response to inquiries will
be made a part of the employee's personnel file and will be available for their scrutiny.
4. Any employee who wishes to review their personnel records should contact the Human Resources
Department and set up an appointment at a mutually agreed upon time. The review must be done in
the presence of a Human Resources employee at the location where the file is stored and at no loss
of compensation to the employee. An employee may request a copy of any employment-related
document that he/she has signed. This subsection does not apply to those employees covered by the
Public Safety Officers' Procedural Bill of Rights (Government Code §3300 et seq.)
a. An employee is not entitled to inspect records set forth in Labor Code section 1198.5(d) as it may,
from time to time, be amended, impact records relating to the investigation of a criminal offense
or letters of reference.
b. An employee is not entitled to inspect complaints, or investigation of complaints, concerning an
event or transaction in which the employee was involved or participated to the extent that the
disclosure of such information would constitute an unwarranted invasion of personal privacy.
5. Employees have the right to respond in writing to any evaluation report placed in their personnel file.
Such responses must be submitted within thirty (30) calendar days of the evaluation interview and will
be included in the personnel file records.
F. Destruction of Records - The employee personnel records are considered a permanent record and all
personnel file documents are retained by the City for the duration of the employee’s period of employment
and for any subsequent period required by law.
a. The records of former employees are retained in accordance with the City’s Records Retention
Schedule adopted by City Council Resolution. .
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b. Records eligible for destruction will be destroyed in accordance with the City’s Records Retention
Schedule adopted by City Council Resolution and the City’s Records Management Policy,
adopted by Resolution.
SECTION 2 - PAY PLANS AND COMPENSATION
A. Classification Plan -
1. Creation of classifications. The City Council, upon recommendation by the Personnel Officer, shall
create a classification plan for City employees. Each position shall be allocated to a class identified by
class title. Positions shall have the same class title when they conform to the same specification or
when the positions’ descriptions are sufficiently similar as to qualifications, educational requirements,
responsibilities, level of supervision, and other characteristics.
2. Specification of classes. A class may include more than one position. Each class will have a
specification, which includes: a concise, descriptive title, a brief definition, a description of the essential
job duties and responsibilities, the physical job requirements, a statement of special requirements, and
a statement of desirable qualifications.
3. Reclassification. The Personnel Officer is responsible for reviewing the duties and responsibilities of
positions and recommending to the City Council the creation of new classes and the abolition of
existing classes. The Personnel Officer shall review classifications and make determinations in the
following situations:
a. Upon the recommendation of the supervisor or upon the request of an employee, the Personnel
Officer has the right to reallocate a position to a different class whenever its duties change
materially, provided the reclassification can be accomplished within budget limitations. The
Personnel Officer has the discretion to determine when the duties have materially changed which
warrant a reclassification. To process reclassifications in a timely manner, the following process
will be followed:
i. Supervisor or employee submits a request of reclassification to the Human Resources
Department.
ii. Within thirty (30) working days, the Human Resources Department makes an initial
determination whether the employee’s ongoing job duties and responsibilities warrant a
position reclassification. Once completed, the Human Resources Department forwards its
recommendations to the City Manager.
iii. Within fifteen (15) working days the City Manager affirms or modifies the Human Resource
Department’s recommendations. As a general guideline, the Personnel Officer will provide
the following conclusions to the employee and their supervisor: re-assign work duties so the
employee is no longer working outside of classification, appoint employee to existing
classification with greater responsibility, or create a new classification that more accurately
reflects the employee’s ongoing job duties and responsibilities.
iv. Any changes to the City’s Classification Plan will be placed on the next practical City Council
Agenda for formal adoption.
b. When the duties of a position so change that no appropriate class for it exists, the Personnel
Officer must prepare an appropriate class specification for it and submit it to the City Council for
approval.
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c. Reclassification of a position may not be used to circumvent the rules and regulations concerning
demotion, promotion or compensation.
4. Reorganization. The City Manager shall maintain the authority to modify and reorganize City
divisions and departments, pursuant to City interests and needs.
B. Salary Ranges, Plans and Compensation -
1. Meet and confer. The City will meet and confer regarding changes to salary rates or salary ranges
affecting existing employees represented by a recognized employee organization. After meeting and
conferring, the Personnel Officer will prepare the pay plan, which establishes a flat rate or salary range
for each class.
2. Changes to salary ranges. When the City Council changes a salary range for a class, all employees’
salaries in the class will be adjusted to the corresponding step in the new range.
3. Transfer to another class. An employee whose position is moved from one class to another class
that has the same salary range does not receive a change in salary. When an employee is moved
from one class to a class with a higher maximum salary, the employee’s salary in the higher class will
be the minimum salary for that class, unless that minimum is lower than, or the same as, the
employee’s salary at the time of the move. In that event, the employee will receive the next higher step
within the pay range of the higher class. Employees receiving a promotion will receive at least a 5%
increase in salary unless limited by the salary range maximum. Any promotional pay increases in
excess of 5% shall be approved by the Personnel Officer and the City Manager, pursuant to the Equity
Pay Adjustments Policy (3.02.022). The new review date for promoted employees is the date of
promotion or in six (6) months if the employee in placed at Step 1.
4. Demotions. When an employee is demoted, (moved from one class to a class with a lower maximum
salary), the Personnel Officer will set the employee’s salary within the range of the class to which the
employee has been demoted. In this event, the employee’s anniversary date will be the same as the
effective date of demotion for purposes of conducting performance reviews and making corresponding
salary adjustments. The employee's original hire date will continue to determine their eligibility for
other types of benefits and leave accruals.
5. Reclassifications. An employee whose position is reclassified from one class to a class with a lower
maximum salary retains their original anniversary date. A reclassified employee retains the salary of
the higher class if the employee’s salary at the time of reclassification does not exceed the maximum
salary for positions of the lower class. If that salary does exceed that maximum, the employee will
continue to receive their present salary (e.g.: Y-Rated) until such time as the maximum salary for the
class exceeds their rate of pay.
C. Employee Performance Review and/or Evaluation - The performance evaluation process is intended to
improve productivity and foster communication between supervisors and employees. Evaluations should be
conducted at least annually in accordance with the schedule set forth for that employee's job classification
and should be based upon position-specific performance elements and work standards. The evaluation
must indicate clearly whether overall performance is superior, satisfactory, or substandard (categories of
performance shall be identified in the performance review program). The review process must provide for
employee feedback and face-to-face communication. Results of the performance review will be utilized to
determine employee's training and development needs.
1. Timelines. Probationary Employees shall be evaluated at least twice during their probationary period,
the first evaluation occurring within the first six months of appointment. Prior to the completion of
probation, a final probationary evaluation shall be completed for the employee. Permanent
Employees shall be evaluated annually on their anniversary date.
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2. Salary adjustments. Results of the employee's current performance review, or the completion of a
Step Increase Authorization form, will be used to determine salary adjustments on the employee's
anniversary date. Employees whose work performance is satisfactory will be eligible for advancement
to the next higher step (not to exceed the maximum) of the salary range. Employees who receive a
less than satisfactory rating may not be eligible for a salary advancement on their anniversary date.
Probationary employees either hired or promoted at Step 1 shall advance to Step 2 of the salary range
after six months of service, contingent upon a satisfactory performance evaluation.
3. Employee review and response. Employee will be provided with a copy of their draft performance
evaluation twenty-four (24) hours prior to the evaluation interview. Employees have the right to
respond in writing to the evaluation report should they so desire. Said responses should be submitted
to the reviewer no later than thirty (30) days after the evaluation interview. Contents of an employee’s
performance evaluation are not subject to the grievance procedure.
4. Copies kept in personnel file. The employee’s complete, original, and signed performance
evaluation – including any written comments provided by the employee - is filed in the employee’s
official personnel file, or electronic performance management platform, maintained by the Human
Resource Department.
D. Pay Period – The pay period for all employees is bi-weekly.
1. Time cards. All employees are required to keep a timecard and accurately record all hours worked.
2. Direct deposit. Any employee wishing to have their paycheck directly deposited may do so by
contacting the Human Resources Department and filling out the required documents. All employees
are strongly encouraged to participate in payroll direct deposit.
E. Overtime - Overtime hours must be approved in advance by the employee’s direct supervisor or
Department Head. Overtime is to be kept to a minimum consistent with maintenance of essential City
services. All non-exempt employees will be paid overtime as required by applicable law and in accordance
with any provisions in applicable memoranda of agreement.
1. Declared Emergency Situations – Exempt Employees. Exempt employees, when working as
disaster service workers, shall be eligible for overtime for hours worked beyond forty (40) in a work
week due to a City Council declared emergency. Such pay is non-pensionable compensation.
Overtime shall be equivalent to the employee’s straight time pay at the time of accrual, and shall not
be accrued as compensatory time. Under no circumstances shall an exempt employee be paid
overtime except under the circumstances set forth in this provision, or as may be set forth by the
Rohnert Park City Council.
F. Compensatory Time Off - Subject to applicable memorandum(s) of agreement or the outline of certain
employment conditions for non-represented employees, compensatory time off may be granted in lieu of
overtime pay for overtime work performed by eligible employees. Compensatory time off is subject to the
accrual cap in the relevant memorandum of agreement.
1. Approval of overtime. Employees must obtain pre-approval before working any overtime. The
Supervisor will authorize such overtime work and will notify the Personnel Officer upon such
authorization. The Supervisor is responsible for arranging their department so that compensatory time
off can be taken.
2. CTO for exempt employees. Management employees and any bona fide exempt personnel will
receive administrative leave, as qualified under FLSA, in-lieu of the compensatory time off. All exempt
personnel must record leaves of four hours or more using the prescribed absence reporting process
and submit it to the appropriate immediate supervisor.
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3. City reserves the right to pay overtime in lieu of accruing CTO. At the discretion of the City,
certain personnel may be paid for all or a portion of overtime worked in lieu of accruing CTO. The City
can elect to pay employees for overtime worked if it is determined that an employee cannot
reasonably take the CTO without hindering the performance of essential City functions.
4. Pay-out of accrued CTO. The City retains the right to pay out unused CTO at all times selected by
the City. The current memorandum(s) of agreement or outline of certain conditions of employment will
reflect accrual information, time, and manner in which any payment for unused compensatory time will
be made. An employee who promotes to an exempt position will be paid out their accrued CTO
effective on their appointment date.
5. Payment upon separation. Upon separation, all employees will be paid a lump sum for all
outstanding approved and accrued compensatory time and/or administrative leave.
6. Use of CTO. Employees who wish to use CTO must obtain prior authorization of their Supervisor or
Department Head. The City's policy is to permit the use of CTO within a reasonable period after the
request for use is made. Use of CTO on the specific dates requested by an employee will be
permitted as much as reasonably practicable taking into account the operational needs of the
department. CTO time may not be used in the same pay period in which it was earned. To facilitate
scheduling, employees are encouraged to provide as much advance notice as possible of the dates
they desire to use CTO.
SECTION 3 - BENEFITS
A. Holidays -
1. Scheduled holidays. The City Council establishes the holidays to be observed by the City for each
calendar year, subject to modification by any applicable MOA. Generally, the City observes as
holidays those days proclaimed by the President of the United States, the Governor of the State of
California, and/or the City Council of Rohnert Park to be public holidays. Additionally, the City usually
observes any day declared by the Governor to be a day of mourning or special observance for State
employees.
2. Weekend holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the
preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday. If
a holiday falls on an employee's regularly scheduled day off, the applicable memorandum of
agreement or outline of conditions of employment will determine whether the employee is paid holiday
pay or given compensatory time off. If any outline of conditions of employment or memorandum of
agreement conflicts with this subsection, the provision of the outline of conditions of employment or
memorandum of agreement will prevail.
3. Holiday pay. Regular full-time and regular part-time employees are entitled to receive time off with
pay at their regular rate of pay for the holiday. Regular part-time employees receive a pro-rated
amount of the holiday pay as determined by the number of hours per week the employee is normally
scheduled to work (e.g., 20 hours per week receives 50% of the holiday; 30 hours per week receives
75% of the holiday. An employee who resigns may not select a holiday as the employee's last day of
employment.
4. Required work on holiday. An employee whose job performance is essential to maintain public
services may be required to work on a holiday. In such cases, the applicable MOA will specify the pay
and/or benefits received for the work performed on holidays.
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B. Annual Leave – Vacation Purposes
1. Annual Leave policy. All regular full-time and regular part-time employees are entitled to annual
leave time off work with pay. Eligible regular part-time employees shall accrue annual leave at a
percentage of full-time based on the total hours the employee is regularly scheduled to work. Annual
Leave accrual. Annual Leave accrues for regular full-time employees according to the schedules
established in the applicable MOA’s or Outline of Conditions of Employment for the Management and
Confidential Units.
2. Use of Annual Leave. An employee's pre-scheduled annual leave must be approved by their
supervisor. The smallest amount of annual leave that may be used is ¼ hour (15 minutes). An
individual may have unused annual leave carried over to the following calendar year. If maximum
accrual is reached, further annual leave accrual will stop. When the employee uses paid annual leave
and brings the available amount below the cap, annual leave accrual will resume at the regular
monthly accrual. The City may make an exception to the annual leave accrual cap in extraordinary
circumstances where, due to the requirements of City service, an employee is required to forego a
vacation during the particular calendar year. In such cases, the affected employee may apply to the
Personnel Officer to increase their annual leave cap by the number of days the employee was not
permitted to take as vacation days. The Personnel Officer may, in their sole discretion and with the
concurrence of the City Manager, grant such requests from time to time
3. Annual Leave at termination. Upon termination, an employee shall receive a lump sum payment for
the balance of accrued annual leave hours. Payment for unused annual leave shall be made at the
rate of pay in effect for such employees at the time of termination. When termination is caused by the
death of the employee, pay for unused annual leave shall be paid to the same beneficiary the
employee has designated for Life Insurance benefits. Beneficiary designation otherwise, shall be in
writing, signed by the employee and filed with the Human Resources Department. Terminating
employees shall be limited to utilizing a maximum of two (2) weeks (80 hours) of combined leave
accruals prior to the last day of employment.
4. Holidays falling during annual leave. When a day designated and observed by the City as a holiday
occurs on a day on which an employee is taking annual leave, such employee shall not be charged as
using annual leave for that day. The employee's compensation for that day shall be holiday pay and
he/she shall not be paid or charged for annual leave. This holiday policy is subject to modification
through an applicable MOA for represented employees.
5. Annual Leave accrual during leave of absence. Employees who are off work on a paid leave shall
continue to accrue annual leave during the leave period. Employees who are off work on an unpaid
leave shall no longer accrue annual leave after ninety (90) calendar days.
C. Annual Leave – Illness/Sick Purposes -
1. Annual Leave may be used for the following purposes:
a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for
the employee themselves or any of the following family members of the employee: a child
of any age or dependency status; a parent; a parent-in-law; a spouse; a registered
domestic partner; a grandparent; grandchildren; a designated person (A designated
person means any individual related by blood or whose association with the employee is
the equivalent of a family relationship) or a sibling; or
i. For the purposes of utilizing Annual Leave for illness/sick leave purposes – the
employee may only identify one “designated person” per rolling 12-month period.
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b. For an employee who is a victim of domestic violence, sexual assault, stalking, or other
crime in order for the employee to engage in any of the following activities: (1) obtain or
attempt to obtain a temporary restraining order or other court assistance to help ensure
the health safety or welfare of the employee or their child; or (2) obtain medical attention
or psychological counseling, services from a shelter, program or crisis center, or (3)
participate in safety planning or other actions to increase safety.
2. Procedure for use of Annual leave for Illness.
a. To qualify for the use of annual leave for illness, the employee must report their or their
family member’s (as defined in section 1.a. above) illness, injury, or medical appointment
to their supervisor at the beginning of any leave period and daily thereafter unless
otherwise arranged. The supervisor may require a written statement from the employee's
health care provider verifying that the employee is or was incapacitated and unable to
perform their duties. Any absence of five (5) days or more for the use of Annual Leave
for an illness may require a certification from a health care provider.
D. Bereavement Leave -
1. In the case of death within the Immediate Family of an employee, the employee shall be entitled to
three (3) days of paid leave. An additional two (2) days of unpaid leave may be taken, unless an
employee elects to use Annual Leave. Leave under this section may be intermittent but must be taken
within three months of date of death, unless otherwise approved by the Personnel Officer. Immediate
Family in this case means: spouse, domestic partner, father, father-in-law, mother, mother-in-law,
brother, brother-in-law, sister, sister-in-law, child (including stepchildren), stepparents, aunts, uncles,
grandparents, grandparent-in-law, grandchildren and relationships in loco-parentis and close personal
relationships, with the approval of the Personnel Officer or their designee.
The employee's supervisor may require proof of death of the person(s) for whom the employee is
taking bereavement leave.
E. Military Leave -
1. Eligibility. The City grants military leave to all employees for service in the uniformed services in
accordance with federal and state law.
2. Notice. The employee must notify their supervisor of upcoming military duty at soon as they become
aware of the obligation and provide a copy of their military orders.
3. Compensation. Employees on temporary military leave will be paid their normal salary for the first
thirty (30) calendar days while engaged in the performance of ordered military duty. Pay for such
purposes shall not exceed 30 days in each fiscal year. If the employee's military leave exceeds thirty
days, the City will continue to pay the difference between the employee's normal salary and the total of
their military compensation if the employee is called to active duty as a result of a declaration of
emergency, war, or as necessary for homeland security as declared by the President of the United
States, Secretary of Defense, Secretary of Homeland Security or the Governor of California. In such
cases, the employee shall submit their military earning statement to the Finance Department, Payroll
Office to assist in calculating the employee's salary. In no event will the employee be compensated in
excess of their normal City salary. All other military leave is unpaid except where necessary to
maintain exempt status under the Fair Labor Standards Act. Employees may elect to use any other
accrued paid leave time (e.g. annual leave) during unpaid military leave.
Employees will receive any merit and/or general salary increases for which they become eligible
during military leave.
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4. Benefits.
a. Health insurance. All health insurance benefits will remain in place while the employee is in a
paid military leave status as indicated in Section 3 above. For employees in a non-pay status, all
health insurance benefits will continue for a period of 12 workweeks on the same terms and
conditions as if the employee were not on a leave of absence. The 12 workweeks would be
calculated based on the beginning of non-pay status. Thereafter, the employee has the option to
continue their health plan benefits, at the employee's expense, for up to twenty-four months.
For employees both in a paid and unpaid status, the benefits shall be provided in accordance with
the City’s applicable agreements, outlines, rules, policies and procedures and all state and
federal laws. Such benefits may be subject to individual plan provisions.
b. Pension plan benefits. During any period of paid leave, the City will pay the employer and
employee contributions to CalPERS. Additionally, employees returning from military leave are
entitled to pension benefits that accrued during military service and to any CalPERS contributions
that would have been made if the employee had not been absent due to military leave. Military
leave is not considered a break in service for purposes of pension benefits.
c. Annual Leave Accruals. Annual Leave shall continue to accrue during paid military leave.
Employees returning from military leave are entitled to begin accruing annual leave at the rate the
employee would have attained if the employee had not taken military leave.
d. Seniority. Employees returning from military leave are entitled to the seniority and other rights
and benefits determined by seniority that they would have attained with reasonable certainty had
the employee not taken a military leave.
5. Reinstatement. Employees will be reinstated in accordance with all applicable laws. Upon
completion of military leave, the employee is required to furnish the Human Resources Department a
copy of their military separation document. Reinstatement will not be denied or delayed if the
information does not yet exist or is not readily available, however, the employee is required to provide
the information as soon as it is available. Reinstatement will be denied only when legally permissible.
Federal law provides for the following reinstatement period:
a. For military leave of less than 31 days, the employee must report for reemployment at the
beginning of the first regularly scheduled workday that would fall eight hours after they returns
home, unless reporting within such time frame is impossible and then the employee must report
as soon as possible.
b. For military leave of more than 30 days but less than 181 days, the employee must report for
reemployment within 14 calendar days following completion of service, unless reporting within
such time frame is impossible and then the employee must report as soon as possible.
c. For military leave greater than 181 days, the employee must apply for reemployment within 90
days of completion of the service.
F. Family And Medical Leave Act -
1. Eligibility. Family and Medical Leave Act ("FMLA") shall be granted in accordance with the provisions
of federal law. All employees who meet the eligibility criteria stated in this policy are entitled to take an
unpaid FMLA leave of absence.
To qualify for FMLA, an employee must have been employed by the City for a period of twelve months
and have worked for at least 1250 hours during the 12-month period immediately preceding the leave.
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FMLA may be granted for the following reasons: (1) the birth of a child to an employee or placement
of a child with an employee in connection with the adoption or foster care; (2) to care for a child,
parent, spouse or domestic partner who has a serious health condition; or (3) for the employee's own
serious health condition that makes the employee either unable to work at all or unable to perform one
or more of the essential functions of the position assigned; or (4) a qualifying military exigency related
to the covered active duty or call to covered active duty of an employee’s spouse, child (of any age) or
parent who is a member of the United States Armed Forces; or (5) to care for a family member who is
a current service member or veteran with a serious illness or injury (26 weeks).
2. Amount of FMLA. Eligible employees are entitled to FMLA totaling twelve (12) weeks within a 12-
month period. The 12-month period within which the leave must be taken begins on the date the
employee's leave begins and concludes 12 months after that date. This leave shall run concurrently
with any disability leave associated with non-sworn industrial leaves of absence, California Family
Rights Act (when not related to pregnancy and/or childbirth, etc.), pregnancy, childbirth, or related
pregnancy conditions as provided in the City's Pregnancy Disability Leave (PDL) Policy.
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave may be
taken on an intermittent or reduced leave schedule. "Intermittent leave" is leave taken in separate
blocks of time due to a single event, rather than for one continuous period of time, and may include
periods of not less than 1/4 of an hour and up to several weeks. The City may require an employee
who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative
position, with the same pay and benefits, if the alternative position better accommodates the required
work schedule than the employee's usual position.
4. Notice of leave. An employee must provide at least thirty (30) days advance written notice of the
need for FMLA whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. If the employee fails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for the delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a health care
provider must provide written certification to support the request for leave. The statement for an
employee's serious health condition shall specify the commencement date of the event which prevents
the employee from performing the functions of their position, the anticipated duration of the leave, and
a statement that the employee is unable to perform the essential functions of their position. The
statement for the employee to attend to a family member shall state the date of commencement of the
serious health condition; the probable duration of the condition; an estimate of the amount of time that
the health care provider believes the employee needs to take in order to care for the family member;
and that the serious health condition warrants the participation of the employee.
If the FMLA request is for the employee's own serious health condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City will not be one who is employed on a regular basis by the City. If the
second opinion differs from the first opinion, the City may require, at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from the
employee.
6. Pay during leave. FMLA is unpaid except to the extent the employee elects to substitute accrued
paid leave time. An employee may use accrued annual leave to remain in a paid status. The
substitution of paid leave time does not extend the 12-week maximum leave time.
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7. Insurance benefit premiums during FMLA. An employee is eligible for the same insurance benefits
and premium payments for each benefit during FMLA as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no
longer considered on FMLA and; therefore, is subject to the provisions of the Affordable Care Act and
that employee’s assigned “stability period”. Employees shall be responsible for their portion of their
health benefit premiums for the duration of their leave of absence. Other benefits during FMLA.
During any portion of FMLA for which an employee substitutes other paid leave benefits, and remains
in a paid status, the employee will continue to accrue paid annual leave benefits, seniority, and other
benefits to the same extent that the employee would accrue those benefits if not on FMLA.
8. Reinstatement. Except as provided in Section 5.B., an employee who takes FMLA shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, if the position
is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties. An employee retains the same right to employment as if not
on FMLA.
If an employee fails to report to work promptly at the end of FMLA, the employee will be assumed to
have abandoned their employment unless additional leave has been approved.
If an employee fails to return to work after their leave entitlement has been exhausted or expires, the
City shall have the right to recover its share of health benefit premiums for the entire leave period,
unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or their eligible family member which could entitle the employee to
leave, or because of circumstances beyond the employee’s control. The City shall have the right to
recover premiums through deduction from any sums due the City (e.g.: unpaid wages, annual leave,
etc.)
9. Reinstatement for key employees. If reinstatement of a key employee causes a substantial and
grievous economic hardship to the City, the City may deny reinstatement of the key employee to the
position held at the time FMLA leave was requested. A key employee is defined as an employee who
is paid on a salary basis and is among the highest paid 10 percent (10%) of all City employees as
determined at the time of the request for leave.
10. Statement regarding return to work. If the employee takes FMLA leave for their own serious health
condition, the City requires a statement by the employee's health care provider that the employee is fit
to return to their job.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a FMLA leave that is inconsistent with the employee's use of FMLA.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
G. California Family Rights Act -
1. Eligibility. California Family Rights Act (“CFRA”) shall be granted in accordance with the provisions
of state law. All employees who meet the eligibility criteria stated in this policy are entitled to take an
unpaid CFRA leave of absence.
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To qualify for CFRA, an employee must have been employed by the City for a period of twelve months
and have worked for at least 1250 hours during the 12-month period immediately preceding the leave.
CFRA may be granted for the following reasons: (1) the birth of a child to an employee or placement
of a child with an employee in connection with the adoption or foster care; (2) to care for a child,
parent, parent-in-law, spouse, registered domestic partner, sibling, grandparent or grandchild, or
designated person (see Annual Leave provisions specific to Designated Persons) who has a serious
health condition; or (3) for the employee's own serious health condition (excluding pregnancy) that
makes the employee either unable to work at all or unable to perform one or more of the essential
functions of the position assigned; or (4) a qualifying military exigency related to the call to active duty
of an employee’s spouse, domestic partner, child, or parent in the United States Armed Forces.
2. Amount of CFRA. Eligible employees are entitled to CFRA totaling twelve (12) weeks within a 12-
month period. The 12-month period within which the leave must be taken begins on the date the
employee's leave begins and concludes 12 months after that date. This leave shall run concurrently
with any disability leave associated with non-sworn industrial leaves of absence, FMLA (when not due
to a pregnancy, childbirth, or related pregnancy conditions as provided in the City's Pregnancy
Disability Leave (PDL) Policy).
3. Intermittent leave. When medically necessary (as certified by a health care provider), leave may be
taken on an intermittent or reduced leave schedule. "Intermittent leave" is leave taken in separate
blocks of time due to a single event, rather than for one continuous period of time, and may include
periods of not less than 1/4 of an hour and up to several weeks. Intermittent leave for baby bonding
may be required to be utilized in two –week minimum increments, with an exception for shorter
increments on at least two occasions. The City may require an employee who is on a reduced work
schedule or intermittent leave to temporarily transfer to an alternative position, with the same pay and
benefits, if the alternative position better accommodates the required work schedule than the
employee's usual position.
4. Notice of leave. An employee must provide at least thirty (30) days advance written notice of the
need for CFRA whenever possible. If thirty (30) days notice is not possible, the employee must give
notice as soon as possible. If the employee fails to give thirty (30) days advance notice for
foreseeable events without any reasonable excuse for the delay, the City reserves the right to
postpone the leave until at least thirty (30) days after the written notice was received.
5. Statement of health care provider. When the leave is for a serious health condition, a health care
provider must provide written certification to support the request for leave. The statement for an
employee's serious health condition shall specify the commencement date of the event which prevents
the employee from performing the functions of their position, the anticipated duration of the leave, and
a statement that the employee is unable to perform the essential functions of their position. The
statement for the employee to attend to a family member shall state the date of commencement of the
serious health condition; the probable duration of the condition; an estimate of the amount of time that
the health care provider believes the employee needs to take in order to care for the family member;
and that the serious health condition warrants the participation of the employee.
If the CFRA request is for the employee's own serious health condition, the City may require, at its
expense, a second opinion from a health care provider designated by the City. The health care
provider designated by the City will not be one who is employed on a regular basis by the City. If the
second opinion differs from the first opinion, the City may require, at its expense, that the employee
obtain a third opinion by a health care provider approved jointly by the City and the employee. The
third opinion shall be considered final and binding on the City and the employee.
A new statement from a health care provider may be required if the employee requests an extension
to the leave requested in the original statement.
The City does not require the certification disclose the underlying diagnosis without consent from the
employee.
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6. Pay during leave. CFRA is unpaid except to the extent the employee elects to substitute accrued
paid leave time. An employee may use accrued annual leave to remain in a paid status. The
substitution of paid leave time does not extend the 12-week maximum leave time.
7. Insurance benefit premiums during CFRA. An employee is eligible for the same insurance benefits
and premium payments for each benefit during CFRA as if the employee were not on leave, for a
maximum of twelve (12) weeks. An employee on unpaid leave beyond the twelve (12) weeks is no
longer considered on CFRA and; therefore, is subject to the provisions of the Affordable Care Act and
that employee’s assigned “stability period”. Employees shall be responsible for their portion of their
health benefit premiums for the duration of their leave of absence.
8. Other benefits during CFRA. During any portion of CFRA for which an employee substitutes other
paid leave benefits and remains in a paid status, the employee will continue to accrue paid annual
leave benefits, seniority, and other benefits to the same extent that the employee would accrue those
benefits if not on CFRA.
9. Reinstatement. Except as provided in Section 5.B., an employee who takes CFRA shall be eligible
for reinstatement to the employee's former position at the former rate of pay. However, if the position
is not available due to business necessity, the City may instead offer the employee a job that is
comparable in terms of pay and duties. An employee retains the same right to employment as if not
on CFRA.
If an employee fails to report to work promptly at the end of CFRA, the employee will be assumed to
have abandoned their employment unless additional leave has been approved.
If an employee fails to return to work after their leave entitlement has been exhausted or expires, the
City shall have the right to recover its share of health benefit premiums for the entire leave period,
unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or their eligible family member which could entitle the employee to
leave, or because of circumstances beyond the employee’s control. The City shall have the right to
recover premiums through deduction from any sums due the City (e.g.: unpaid wages, annual leave,
etc.)
10. Statement regarding return to work. If the employee takes CFRA leave for their own serious health
condition, the City requires a statement by the employee's health care provider that the employee is fit
to return to their job.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a CFRA that is inconsistent with the employee's use of CFRA.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the California
Family Rights Act and its implementing regulations.
H. Pregnancy Disability Leave -
1. Eligibility. Any employee who is disabled from working due to pregnancy, childbirth or related
medical conditions is eligible for Pregnancy Disability Leave (PDL).
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2. Amount of PDL. PDL will be allowed for the period of disability but not to exceed four (4) months (88
working days for full-time employees and pro-rata for part-time employees). PDL may be taken on an
intermittent or reduced hour basis when determined medically advisable by the employee's health care
provider, e.g., for morning sickness, prenatal doctor's appointments. The smallest increment of time
that can be used for such leave is 1/4 of an hour. The City may require an employee who is on a
reduced schedule or intermittent leave to temporarily transfer to an alternative position if the
alternative position better accommodates the required work schedule. If eligible for a Family Medical
Leave Act (FMLA) absence, PDL shall run concurrently with an approved FMLA absence.
3. Notice of PDL. Whenever possible, an employee must provide at least thirty (30) days advance
written notice of the need for PDL. If thirty (30) days notice is not possible, notice must be provided as
soon as possible.
4. Transfer privileges. Employees who are pregnant or have a pregnancy-related medical condition
may request a transfer to a less strenuous or hazardous position or to less strenuous or hazardous
duties, if such a transfer is medically advisable and can be reasonably accommodated. Where
transfers are made based on the employee's health needs, the employee will receive the pay specified
for the alternate position and/or duties.
5. Statement by health care provider. An employee requesting PDL shall provide the Human
Resources Department with certification from the employee’s health care provider stating the
anticipated delivery date and estimated dates and duration of the disability. If there is a change in
diagnosis, and the dates are either accelerated or delayed, notification from the health care provider is
required.
A health care provider's statement must be submitted verifying the need for pregnancy disability leave
or for transfer, stating the following:
a. The date on which the employee became disabled due to pregnancy, childbirth or related medical
condition or the date on which the need for a transfer became medically advisable;
b. The probable duration of the period or periods of disability or the need for transfer; and
c. A statement that, due to the disability, the employee is unable to perform one or more of the
essential functions of the employee’s position without undue risk to the employee, the successful
completion of the employee’s pregnancy, or that transfer is medically advisable.
A new statement may be required if the employee requests an extension of time beyond that
specified in the original statement.
Any changes in the information contained in the health care provider's statement must be
promptly reported by the employee to the Human Resources Department.
6. Use of accrued leave while on pregnancy disability leave. An employee may use any combination
of accrued paid leave during the duration of PDL. The substitution of paid leave does not extend the
maximum length of a PDL.
7. Insurance benefit premiums during PDL. An employee will receive the same insurance benefits
and premium payments during PDL as if the employee were not on leave, for a maximum of sixteen
(16) workweeks. An employee on unpaid PDL beyond this period may continue health insurance or
other benefit coverage at the employee’s own expense, at the City's group rates. The employee must
arrange for payment of the premium contribution in advance. A lapse in insurance coverage will occur
if a premium payment is more than 30 days late.
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If an employee fails to return to work after their leave entitlement has been exhausted or expires, the
City shall have the right to recover its share of health benefit premiums for the entire leave period,
unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or their eligible family member which could entitle the employee to
leave, or because of circumstances beyond the employee’s control. The City shall have the right to
recover premiums through deduction from any sums due the City (e.g.: unpaid wages, annual leave,
etc.)
8. Other benefits during PDL. During any portion of PDL for which an employee substitutes other paid
leave benefits, the employee will continue to accrue paid leave benefits (i.e., annual leave), seniority,
and other benefits to the same extent that the employee would accrue those benefits if not on PDL.
9. Reinstatement. An employee who takes PDL shall be eligible for reinstatement to the employee’s
former position at their former rate of pay. However, if the same position is no longer available due to
business necessity, the City may instead offer a job that is comparable in terms of pay and duties.
If an employee fails to report to work promptly at the end of PDL, the employee will be assumed to
have abandoned their employment unless additional leave has been approved.
10. Statement regarding return to work. The City requires an employee returning from PDL to provide
a statement from a health care provider that certifies the employee's fitness for duty.
11. Other work. The City shall take appropriate disciplinary action if it determines that an employee has
engaged in other work during a PDL that is inconsistent with the employee's use of PDL.
12. Definition of health care provider. A health care provider as used herein means a person holding
either a physician's and surgeon's certificate under applicable California law or an osteopathic
physician's and surgeon's certificate under applicable California law or any other individual duly
licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction
who directly treats or supervises the treatment of serious health conditions or any other person who
meets the definition of others "capable of providing health care services" as set forth in the federal
Family and Medical Leave Act and its implementing regulations.
I. Paid Parental Leave –
1. Employees shall be eligible for paid parental leave pursuant to their memorandum of agreement
and/or terms and conditions of employment. Paid Parental Leave shall run concurrently with an
approved leave of absence (e.g.: FMLA and/or CFRA).
J. Work-Related Injury And Illness Leave -
1. Eligibility. All City employees are covered by Workers' Compensation Insurance. All regular
employees are eligible for an industrial leave of absence, as provided in the current applicable
memorandum(s) of agreement.
2. Reporting accidents and injuries. An employee who is injured or becomes ill in the course of
employment must immediately report the incident to the employee's supervisor. The supervisor must
provide an Employee's Claim for Workers' Compensation Benefits form to the injured/ill employee for
completion as soon as possible. Within 24 hours of receipt from the employee, the supervisor must
submit the completed supervisor’s report of injury to the Human Resources Department. An employee
who fails to promptly report a work-incurred injury or illness to their supervisor may be subject to
discipline, up to and including termination.
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3. Temporary disability benefits. An employee eligible for temporary disability payments under the
Workers' Compensation Law will receive the amount as provided by that law.
4. Salary continuation integration with accrued leave. Employees receiving temporary disability
payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the
same time they are receiving temporary disability, but only up to an amount which, when combined
with temporary disability payments, does not exceed one hundred (100%) percent of the employee's
normal salary. Accrued leave hours shall be charged to the extent of wages paid by the City to the
employee. Employees shall remain eligible for Holiday Pay while on a work-related injury or illness, so
long as the employee remains in a paid status.
5. Termination after work-related injury or illness. Unless otherwise prohibited by law, an employee
may be terminated after the treating physician's finding that the employee's condition is "permanent
and stationary" and that the disability precludes the employee from doing the essential functions of the
job.
6. Anniversary date. A regular employee who is absent from work as the result of a work-incurred injury
or illness shall retain their anniversary date. An employee who has not completed the probationary
period is ineligible for certification to regular status during leave for a work-related injury or illness and
the date for completion of the probationary period will be extended to reflect the amount of time absent
on such leave.
K. Witness Duty -
An employee who is required to appear as a witness or to otherwise participate on behalf of the City in any
judicial or administrative proceeding shall receive pay as though at work for time spent in the proceeding.
The employee must remit any witness fees received to the Finance Department.
An employee subpoenaed to appear in a proceeding in which the City is not a party shall be granted leave
without pay during the time required for that appearance, except where necessary to maintain the
employee's exempt status under the Fair Labor Standards Act. The employee may use accrued annual
leave , administrative leave or compensatory time for this purpose.
L. Jury Duty -
All regular and probationary employees called to jury duty will be granted a paid leave. A copy of the jury
summons must be given to the Human Resources Department. The employee shall receive full pay for the
time served on jury duty, provided the employee remits to the City all fees as soon as received by the
employee for such duties. Compensation for mileage or subsistence allowances shall not be considered as
a fee and shall be retained by the employee.
All other employees will be granted leave without pay except where necessary to maintain the employee's
exempt status under the Fair Labor Standards Act.
If an employee is required to report to jury duty within 2 hours of the scheduled start of the workday, the
employee is not required to report to work at the start of the workday, but shall report directly to jury duty. If
an employee is released from jury duty with more than one-half of their workday remaining, the employee is
required to report to work to complete the regularly scheduled workday.
M. Unpaid Administrative Leave -
1. Eligibility. Upon written request of an employee, the Personnel Officer may approve in writing an
unpaid leave of absence without pay for a period not to exceed six (6) months.
2. Reason for leave. Unpaid Administrative Leave will be granted for the following purposes:
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a. School visit leave. An employee who is a parent, grandparent, or duly appointed guardian with
custody of a child in a licensed day care facility or in kindergarten through 12th grade will be
granted up to 40 hours in a 12-month period (not to exceed 8 hours in one month) to visit the
school site, if reasonable prior notice is given to the Personnel Officer. Additionally, a parent,
grandparent, or guardian of a child may take time off to appear at a school in connection with the
suspension of a child. The employee may use accrued leave for school visits. If accrued leave is
exhausted, the Personnel Officer may allow the employee to work an alternative schedule to
accommodate the leave or provide leave without pay.
Written proof of the date and time of the visit signed by an appropriate school official may be
required to be provided to the Personnel Officer on return to the job.
b. Voting leave. Any employee, if they do not have sufficient time outside of working hours to vote,
may request up to two (2) hours of accrued paid leave either at the beginning or end of scheduled
working hours to enable the employee to vote. If the employee has no accrued paid leave, time
off shall be granted without pay except where necessary to maintain exemptions under applicable
state and federal wage and hour laws.
c. Domestic violence leave. An employee who is the victim of domestic violence may take unpaid
leave or use any available paid time off benefits to ensure their health, safety or welfare, or of that
of their child/children, by obtaining a temporary restraining order, a restraining order, or other
court assistance. Additionally, an employee may take leave to seek medical or psychological
treatment, to obtain necessary social services, and/or to participate in safety planning or take
other actions to increase safety. The employee must provide reasonable notice of the need for
such leave and shall provide evidence satisfactory to the Personnel Officer of participation in one
or more of the activities specified in the preceding sentence. The amount of leave provided shall
be in accordance with Labor Code section 230.1.
d. Crime victim assistance leave. An employee who is the victim of a crime, the immediate family
member of a victim, a registered domestic partner of a victim, or the child of a registered domestic
partner of a victim may take an unpaid leave or any available paid time off benefits to attend
judicial proceedings related to that crime.
e. Emergency duty and training leave. Volunteer firefighters and other emergency personnel may
take an unpaid leave or use accrued leave to perform emergency duty. Volunteer firefighters
may take up to 14 days leave per calendar year to engage in training. The employee must
provide reasonable notice to the Personnel Officer of the need for such leave and shall provide to
the Personnel Officer satisfactory evidence of participation in the emergency duty or training.
f. Miscellaneous leave. In addition to the leaves described above, the Personnel Officer may
approve other requests for unpaid leave at their discretion. An employee on a miscellaneous
leave of absence without pay (e.g.: in the absence of sufficient leave accruals), who is otherwise
not covered under any other protected leave, shall not accrue annual leave and shall not be
eligible for holiday pay. An employee on such a leave shall be eligible to continue health
insurance benefits, pursuant to their Affordable Care Act Stability Period.
N. Health Insurance Benefits -
1. Benefits. The City provides group medical, dental, and vision insurance to eligible employees and
their dependents and domestic partners (effective January 1, 2005) as detailed in the applicable
MOAs and City Council resolutions outlining conditions of employment and benefits. The Personnel
Officer shall maintain records of the terms and conditions of the health insurance and other benefit
contracts, benefit levels, and administration procedures. More detailed information regarding these
benefits is set forth in the official plan documents and insurance policies that govern the plans. If there
is any actual or apparent conflict between the brief summaries contained in this policy and the terms or
limitations of official plan documents, the provisions of the official plan documents will prevail.
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Employees who wish to inspect those documents may make an appointment with the Personnel
Officer for that purpose. Due to changes in MOAs and outlines, terms, conditions, benefit levels and
administration requirements may be adjusted from time to time.
2. Commencement of benefits. The benefits described in this section shall begin the first of the month
following the first day of employment or on the date-of-hire if it occurs on the first of the month.
3. Health insurance waived by certain employees. The City provides eligible employees alternative
medical benefits when the employee has coverage from another source and the employee waives
benefits under the City's plan. These alternative benefits are described in Policy 3.02.016.
4. C.O.B.R.A. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires the City
to offer employees and their eligible dependents an opportunity for a temporary extension of health
coverage upon separation of employment or loss of dependency status. The specific provisions and
restrictions of the Act are available from the Human Resources Department.
O. Miscellaneous Employee Benefits -
1. Short-term disability insurance. The City provides short-term disability insurance to regular full time
and part-time employees. The terms of the plan can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits.
2. Long-term disability insurance. City provides long-term disability insurance to regular full-time and
regular part-time employees. The purpose of LTD insurance is to provide eligible employees with a
percentage of normal income when an injury or illness occurs on or off the job. The City provides two
different LTD plans. The terms of the specific plans can be found in the applicable MOA or applicable
resolution outlining conditions of work and benefits. The terms and conditions of this benefit may be
modified from time to time in the event that the City changes carriers.
When an employee is receiving benefits from other sources, the total amount of compensation
received by the employee, including LTD benefits, shall not exceed one hundred percent (100%) of
the employee's normal monthly income.
3. Catastrophic leave program. The catastrophic leave program provides additional paid leave time to
eligible employees suffering from financial hardship and who otherwise meet the criteria of the
program. Please refer to Policy 3.02.009 for the details of this program.
4. Employee Assistance Program (EAP). The City provides, at no cost to all regular full-time, regular
part-time, and year round hourly part-time employees, their legal dependents, and domestic partners
(per AB 205 effective January 1, 2005) an employee assistance program. The program provides
access to professional counselors and therapists to assist employees in resolving stress resulting from
personal issues, substance abuse, grief or work-related issues. Any information provided to a
counselor or therapist is confidential. No information is provided to the City regarding an eligible
member’s use of the EAP. Additional information can be found on the City’s intranet site.
5. Health Care Tax-free dollar account program (Health Care Flexible Spending Account). This
program allows permanent full-time or part-time employees to set aside a maximum dollar amount per
calendar year, as designed by the Internal Revenue Service, of before tax wages for medical
premiums, co-payments, or out of pocket medical costs, as authorized by the Internal Revenue
Service and the California Franchise Tax Board. A regular employee becomes eligible on date of hire.
Employee participation in this program is coordinated through the Finance Department. The tax
deferral limits are subject to change due to changes in federal and/or state law.
6. Dependent Care Assistance program (Dependent Care Flexible Spending Account). This
program allows eligible full-time or part-time employees to set aside a maximum dollar amount per
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calendar year, as designated by the Internal Revenue Service, before tax wages for child care
expenses as authorized by the Internal Revenue Services and the California Franchise Tax Board. A
regular employee becomes eligible on date of hire. Employee participation in this program is
coordinated through the Finance Department. The tax deferral limits are subject to change due to
changes in federal and/or state law.
7. Deferred income program. The City participates in a deferred income program now being
administered by Nationwide Retirement Solutions and Mission Square Retirement. This program
allows eligible full-time or part-time employees to set aside a maximum dollar amount, as designed by
the Internal Revenue Service, per calendar year (the annual amount increases each year) of before
tax wages for post-retirement income as authorized by the Internal Revenue Services and the
California Franchise Tax Board. A regular employee becomes eligible on date-of-hire. Employee
participation in this program is coordinated through the Human Resources Department. The tax
deferral limits are subject to change due to changes in federal and/or state law.
8. Hepatitis B program. Below is an explanation of the City’s Hepatitis B Program.
Employees who may have to perform first aid as a regular job duty or are in positions which might
expose them to bodily fluids shall be offered the Hepatitis B Immunization Program per the City's
Blood-borne Pathogens Program.
These job classifications included, but are not limited to:
Public Safety Officer
Public Safety Sergeant
Public Safety Lieutenant
Public Safety Deputy Chief
Director of Public Safety
Community Services Officer
Community Services Supervisor
Property Technician
PT Seasonal Maintenance Assistant
Landscape Maintenance Worker
Lifeguard
Utilities Service Representative
Maintenance Worker and Maintenance Supervisor (Facilities, Parks, Streets)
Collection System Operator and Supervisor
Water Distribution Operator and Supervisor
Water System Operator and Supervisor
Arborist
At the time of the pre-employment physical, the candidate has a blood test that lets the City know if
they have the Hepatitis B antibody. At the employment orientation, Human Resources Department
provides the new employee (if they are in one of the jobs classes listed above) information on what
Hepatitis B is and a check-off form, which indicates whether or not they wish the 3-shot immunization
program. Human Resources (HR) logs in the employee’s response in its safety records.
Employees who wish the 3-shot Hepatitis B series go get their shots, inform HR when they received
each shot, and turn in their receipt for reimbursement. Employees with Kaiser insurance can get
them free of charge through Kaiser as preventative care and necessary due to their job class.
Employees with other insurance are instructed to get their shots through their provider and submit
their receipt for reimbursement. It is important that the employees not miss an appt. for a shot as
they might have to repeat the series. There are specific timeframes for each shot.
If an exposure incident occurs at work, under workers' compensation, the City has the employee
tested and if necessary they are given a Hep. B booster shot for additional protection.
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SECTION 4 - RECRUITMENT AND SELECTION PROCESS
The City is an equal opportunity employer. Pursuant to this and in accordance with applicable State and
Federal law, the City bases all employment-related decision on principals of equal employment opportunity
pursuant to Policy 3.01.007.
Vacancies may be filled, at the discretion of the Department Director, by transfer, reemployment,
reinstatement, demotion, promotion, or from an eligibility list. In all circumstances, appointment from a
Layoff Reinstatement List takes precedence before any other appointment.
A. Transfer - If an employee is qualified, the Personnel Officer, upon recommendation from the Department
Director, may approve the transfer of an employee from one position in the City to another position in the
same class or to another position in a different class with the same maximum salary.
1. Types of transfers.
a. Voluntary request for transfer initiated by department supervisor and/or employee.
b. Involuntary transfer initiated by the Personnel Officer to better serve the needs of the City.
c. Transfers for disciplinary reasons are subject to the provisions of Section 7.
d. The Personnel Officer, upon recommendation from the Department Director, may transfer an
employee to a class with a lower maximum salary with the consent of the employee, provided the
employee possesses the desirable qualifications for the position to which he/she is reassigned.
2. Process for transfers. Transfer process and approval is made as follows:
a. At least two weeks prior to the transfer, a notice will be sent to the affected employee(s) and
bargaining unit(s) stating the nature of the transfer and an explanation as to why the transfer is
necessary.
b. The employee has a right to respond in writing within five (5) workdays from date of notice.
c. The employee has a right, through their bargaining unit, to file a complaint within the time limits
established in the Employee Complaint Resolution Procedure.
B. Promotion –
1. Qualifications. A person may be moved to a class with a higher maximum salary only if they have
the desirable qualifications for the higher class. These desirable qualifications are ascertained on the
basis of information obtained from application forms, tests, examinations, interviews, past performance
reviews or evaluations, and/or input from an employee’s supervisor.
2. Internal/external recruitment. In filling vacancies for positions above entry-level, consideration may
first be given to existing City employees. However, the Personnel Officer may recruit from outside
when the Personnel Officer determines that appropriately qualified City employees are not available to
fill the vacancy. The City reserves the right to conduct an open recruitment process to fill a vacancy in
a higher-level position or to fill the vacancy by advancement of a qualified employee that currently
occupies a lower-level position.
3. Determining pay for promoted employees. Refer to Section 2 – Pay Plans and Compensation, Part
B, Section 3.
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C. Trainee Program - In an effort to provide upward mobility opportunities for current City employees and to
provide employment opportunities to the general public, the Personnel Officer can add the word “Trainee”
to any classification, within the financial ability of the City, except those represented by a bargaining unit,
employed by the City and to recruit and select individuals to fill positions as deemed appropriate.
1. The training program provides an opportunity for a current employee to gain additional skills by:
a. additional experience in a different classification;
b. additional schooling;
c. completion of an appropriate examination;
d. obtaining a State certificate or license in a specific classification.
2. Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel
Officer and the Initial salary would be up to thirty percent (30%) below the beginning of the established
salary range.
3. Transition from trainee classification may occur as early as six (6) months but no later than two (2)
years from the date of appointment. Minimum qualifications for the position must be attained prior to
transition. Transition may occur upon recommendation of the Supervisor and approval of the
Personnel Officer.
D. Apprenticeship Program - The City may establish an apprenticeship program in partnership with a local
school district, Sonoma State University, Santa Rosa Junior College, or an accredited trade school. This
program would be conducted in cooperation with the applicable bargaining units.
E. Interim/Acting Appointments. Employees may be assigned to a temporary acting or interim role, as
determined by the Department Director and confirmed by the City Manager.
1. If the employee is fully assuming the function of the Interim or Acting position, employees shall be paid
within the salary range of the Interim or Acting position. Said compensation shall equate to at least
five percent (5%) more than the employee’s current pay rate. In some cases, depending upon the
employee’s CalPERS classification, said compensation shall be pensionable, pursuant to the Public
Employees’ Retirement Law.
2. If the employee is only assuming some of the additional duties and/or responsibility of a higher level
position, the employee shall be eligible for a stipend of five percent (5%) “acting pay”. In some cases,
such as when an employee is assigned additional higher level duties outside of the scope of their
current classification, and such duties are not currently identified in any classification, management
may recommend, at their discretion, a ten percent (10%) stipend for “acting pay”, subject to
confirmation from the City Manager. Such compensation shall not be pensionable, pursuant to the
Public Employees’ Retirement Law.
3. Requests for Interim/Acting Pay will be evaluated when the employee is temporarily assuming
additional duties outside the scope of their current classification under any of the following
circumstances:
a. The temporary absence of an incumbent in a higher level classification;
b. During the period of a recruitment and selection to fill a vacant higher level classification;
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c. When an employee is assigned additional higher level duties outside the scope of their current
classification and such duties are not currently identified in any classification.
4. Interim or Acting Pay assignments shall be made for a period of not less than one (1) pay period and
shall not exceed three (3) months (six pay periods). Extensions may be permitted upon request of the
Department head and the approval of the Personnel Officer.
5. The assignment of additional duties for less than one (1) pay period shall not constitute an Acting or
Interim assignment. The assignment of Interim or Acting pay shall not be used as the sole basis for
reclassification of the employee.
6. All Interim or Acting pay assignments shall be recommended by the Personnel Officer and approved
by the City Manager.
F. Announcement of Vacancies - Notices of employment opportunities in the City will be first announced in
house, via electronic mail, allowing current employees the opportunity to apply for the position. The
announcement will also be posted in the City offices and publicized in any other ways necessary to attract
the best qualified candidates.
1. Open recruitment. The Personnel Officer has the discretion to begin open recruitment outside of City
employ when he/she knows that the City does not have employees with the required knowledge or
skills.
2. Notices. Such notices list the classes in which vacancies are anticipated, specify the class title, salary
range, fringe benefits, the nature of work performed and the qualifications required for employment in
the class, tell when and where to file applications for employment, and give information about the
testing, scoring and selection procedure to be used.
G. Applications – Every applicant responding to a City recruitment shall file an official City application form.
Applications shall be processed via an electronic format, such as the Neogov Insight platform. Applications
and supporting documentation filed with the City are the property of the City. Any information on the
application will not be made public.
1. Application form. The form by which a person applies for a position with the city is prescribed by the
Personnel Officer and requires information about the applicant’s training, experience, qualifications
and any additional information the Personnel Officer deems pertinent to an evaluation of the
applicant’s fitness for a position.
2. Deadline for filing applications. Applications and all required documents must be filed via the
Neogov Insight platform on or before the final filing date and time specified in the position
announcement.
3. Rejection of applications. The Personnel Officer may disapprove an application, disqualify an
applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed:
a. lacks any of the requirements established for the examination or position for which application
has been made;
b. excessively uses narcotics and/or intoxicating liquors to the extent that they are unable to perform
the essential functions of the position;
c. an employee that is not physically and/or mentally able to perform the essential functions of the
job, with or without reasonable accommodation;
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d. has made any false statement or omission of any significant fact, or has practiced or attempted to
practice deception or fraud in the application, in declarations, or in securing eligibility or
appointment;
e. has directly or indirectly obtained information regarding the content of an examination to which an
applicant is not entitled;
f. previously been dismissed for cause from any public or private employment or resigned to avoid
such dismissal;
g. has failed to submit a complete application within the specific time limits;
h. has failed to reply within five (5) working days from the date mailing, to communications
concerning availability for employment;
i. has made themselves unavailable for employment by requesting that their name be withheld from
consideration.
j. for any material cause which, in the judgment of the Personnel Officer, would render the applicant
unfit for the particular position, including a prior resignation from City services accepted with
prejudice.
4. Criminal convictions. After the City makes a conditional offer of employment, the Personnel Officer
may then request information about criminal convictions, except for misdemeanor marijuana-related
convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or
expunged. Unless required by the law the City will not deny employment to any applicant solely
because they have been convicted of a crime. The City may, however, consider the nature, date, and
circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to
the duties of the position. This policy does not apply to applicants for public safety jobs.
5. Employment of relatives. A position within the City will not be filled by an individual, where that
individual would be subject to supervision, evaluation, discipline, or decisions regarding compensation
by a close relative. No person will serve in a department where the Supervisor is a close relative or in
a division where the division head is a close relative. For a definition of “close relative,” see the
glossary of terms at the conclusion of these rules.
6. Notification of disqualification. If an applicant is deemed disqualified for any of the above reasons,
the Personnel Officer will notify the applicant in writing at their at their last known electronic mail
address, of the action taken. An applicant has the right to respond orally or in writing within five (5)
working days from the date of mailing to the Personnel Officer, with no further right to appeal.
H. Selection Procedure – The method used to select employees shall be impartial and shall relate to those
subjects which fairly measure the abilities to execute the duties and responsibilities of the classification in
which the vacancy exists. Selection procedures consist of one or more of the methods listed below. The
same method shall be applied equally in a single examination.
1. Application. Information the applicant supplies on the City’s application form, and any attachments
thereto will be reviewed under the supervision of the Human Resources Department. The same
criteria and point system is utilized for all applicants for the same position.
2. Examinations. The selection techniques used in the examination process will be impartial, practical,
and related to those subjects which fairly measure the relative capabilities of the applicant examined to
execute the duties and responsibilities of the class to which they seek to be appointed. Examinations
may consist of, but are not limited to, such techniques as written tests, personal interviews, skills and
performance tests, assessment centers, review of performance evaluations, evaluation of daily work
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performance, evaluation of work samples. Such examinations shall be determined prior to reviewing
the applicant list and shall be assessed via an objective rating process.
3. Documentary evidence. Applicants for positions are required to provide documentary evidence of
education, training, or experience. The City reserves the right to re-test the skill level of any applicant.
I. Interview Process -
1. Interview boards. The Personnel Officer, or designee, will assemble and appoint interview boards.
These boards may be comprised of private citizens, experts in the field, members of another agency,
City officers, City employees, and/or bargaining unit representatives.
2. Interviewers remarks. Interviewers will provide remarks on forms provided indicating the degree to
which, in their judgment, each candidate possesses the desired qualifications, along with an overall
numerical score. Scoring sheet and interviewers’ remarks are confidential.
J. Eligibility Lists - After each selection procedure has been completed, the Personnel Officer or their
designee will prepare an eligibility list containing the names of applicants who qualify for appointment to
positions in a particular class.
1. Ranking. Place the names of the qualified applicants ("eligibles") on the eligibility list in the order of
their final ranking, as determined by the selection process, with the highest rated eligible at the top of
the list. If more than one person has the same score, the names will be placed in alphabetical order.
2. Duration of list. The eligibility list remains in effect for a period of six (6) months, unless the
Personnel Officer extends this period, for a period not to exceed (1) year. The Personnel Officer can
reduce the period if the list contains less than 5 names. In the event of early cancellation of an eligible
list, the Personnel Officer will notify each person whose name appears on such list to this effect via
mail to their last known address. This notice is to include an explanation as to why the time frame has
been changed.
3. Removal from list. An applicant may be removed from a given eligibility list by the Personnel Officer
for any of the following reasons:
a. appointment to the classification for which the eligible list was originally established;
b. request by the applicant for removal from the list;
c. failure to continue to meet any of the minimum standards established for the position for which
the eligible list was prepared;
d. failure to contact the Personnel Officer within five (5) working days from the date of notice of an
interview or offer of appointment;
e. determination by the Personnel Officer that the applicant has violated one or more of the
provisions of Section 4.G.3
4. Vacancies. When a vacancy occurs in a class for which there is an eligibility list, the Personnel
Officer will transmit the names, and all supporting documents, of all candidates with the top five
ranking scores on the eligibility list to the Supervisor for consideration.
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K. Appointment Process – All appointments to position vacancies will be made in accordance with these
rules and regulations. The power to appoint and dismiss City employees is vested in the City Manager.
1. Vacancy. The vacancy will be filled by appointment of an eligible candidate from an appropriate
eligibility list, except as provided in 2 below. An appointing authority may select any candidate from an
approved eligibility list, regardless of ranked order.
2. Exceptions.
a. No eligibility list. The Personnel Officer may make a provisional appointment to a position if
there is no eligibility list for the class and if the needs of the service require that the position be
filled before a selection process can be completed. A provisional appointee must:
i. Meet the requirements of training and experience established for the position;
ii. Not continue for more than thirty (30) days in the provisional appointment after an eligibility
list for the position has been established unless there are no eligibles on such eligibility list
who are available for or who wish to be considered for appointment to the position;
iii. The Supervisor may submit a written request and justification to the Personnel Officer to
extend the provisional appointment in six (6) month increments. No more than two (2)
extensions may be granted for each provisional appointment.
b. Emergency. In an emergency which threatens life, property, or the operation of necessary
municipal services, the Personnel Officer may employ an individual not on the eligibility list for not
more than thirty (30) calendar days.
3. Pay. A new appointee shall receive the minimum salary for the class to which the position is
allocated, except that:
i. In hiring exceptionally qualified personnel, or for those positions that are difficult to fill, the
Personnel Officer may approve appointments at a salary above the minimum for the class.
All appointments above Step 3 shall require the approval of the City Manager.
L. Conditional Offer of Employment - An offer of employment is contingent upon the results of the following:
1. Reference checks. Prior to conducting reference inquiries a prospective employee will be required to
sign a release allowing the City to acquire information about the applicant from former employers.
2. Medical examination. Applicants who have been offered a regular position with the City are required
to participate in a pre-employment physical.
Each job classification has specific physical standards and are reasonably related to job requirements.
The city is notified only that the prospective employee is medically qualified, conditionally qualified or
disqualified; no other medical information will be released.
3. Fingerprints and criminal background check. All persons employed by the City will be
fingerprinted and law enforcement records checked for past criminal convictions. Information thus
obtained will be confidential. Employment of, and continuation of service of employees with a criminal
conviction must have the approval of the Personnel Officer as stated in Section 5.G.4.
M. Probation Period - The purpose of probation is to permit the employer to observe the employee on the job
and to evaluate performance. Probation is part of the promotional, training, testing and selection process.
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The probation period begins on the date of appointment. It is the responsibility of the supervisor to
communicate with the employee in regards to their progress.
1. Duration of period. The probationary period is not less than twelve (12) months for miscellaneous
employees, not less than eighteen (18) months for dispatchers, not less than eighteen (18) months for
sworn Public Safety employees, and not less than twenty-four (24) months for Management
employees. Employees who receive promotional appointments must serve another probationary
period of at least six (6) months for non-supervisory employees and twelve (12) months for
supervisory employees (includes management classifications).
2. Leaves of absence during probation. If an employee is absent from work for longer than five (5)
working days during the probationary period, the City may extend the probationary period an amount
of time equal to the days missed if necessary in order to properly evaluate an employee.
3. Extension of probation period. All efforts will be made to sufficiently evaluate the probationary
employee during the assigned period. An extension of the probationary period may, however, be
recommended by the supervisor and/or Personnel Officer when cause exists. If additional time is
needed to evaluate the employee, the supervisor or Personnel Officer can extend the probationary
period for an additional period not to exceed three (3) months.
a. Extension of probationary period will be based on the written performance review.
b. The performance review will take place ten (10) working days prior to the end of the initial
probationary period.
4. Rejection during probation period. During the probationary period, an employee may be rejected at
any time for any reason by the Personnel Officer. Employees who are dismissed during their
probationary period have no right to hearing or appeal. Notification of rejection must be served to the
probationary employee in writing.
5. Promoted employees. A promoted employee who does not successfully complete the probationary
period will be reinstated to their former position or to a comparable position. If, however, the employee
is discharged for cause, the employee has no right to reinstatement.
6. An employee who successfully completes a probation period achieves regular status in their class and
is known as a regular employee.
SECTION 5 - SEPARATION AND REINSTATEMENT
An employee may be separated from employment by resignation, dismissal, retirement, or layoff on account of
lack of work or lack of funds. The dismissal for cause of regular employees will be in accordance with the
provisions of Section 7. Other separation procedures and reinstatement procedures are set forth below.
A. Separation and/or Resignation – An employee wishing to resign is required to notify their supervisor in
writing at least two weeks prior to their intended leave from City employment. The supervisor shall accept
the resignation and then submit a copy of the written resignation to the Personnel Officer to be placed in
the employee’s personnel file.
1. An employee may request to rescind their written resignation to their Supervisor. Such rescission
shall be made within three (3) calendar days. Otherwise, the written resignation shall be considered
final. If approved, the withdrawal letter will also be placed in his/her personnel file.
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2. An employee who leaves employment without so filing a written resignation and giving two (2) weeks
notice, as required above, will have this fact noted in their file and may be denied future employment
by the City.
B. Reinstatement - Upon application of a former regular employee, who has properly resigned, the Personnel
Officer may, in concurrence with the Department Director, approve reinstatement of the former employee
as provided below:
1. An employee separated from the City’s employment for six (6) months or less may be reinstated
without competitive examination to the position held at date of separation, or to any other position
within the same classification for which the employee would have been eligible at time of separation.
Former regular full-time City employees returning to City service within the six (6) month period will be
granted the full benefits they were receiving at time of separation as if there was no break in service.
2. An employee separated from the City’s employment for over six (6) months who is reinstated shall be
treated as a new employee.
3. The City will reinstate the employee into the position from which they have been promoted in the event
the employee fails the promotional probationary period.
4. Any employee who resigns without proper notice or resigns during an investigation or disciplinary
action will not be eligible for reinstatement.
5. An employee who is granted an authorized leave to which they are entitled under a federal, state or
local law requiring reinstatement shall be reinstated to their former position as provided by law.
C. Layoff - Whenever it becomes necessary to reduce the number of employees due to lack of work,
economic considerations, changes in mission, technological changes, or as determined by the City
Manager based on other factors or when a position in the classified services is to be temporarily or
permanently abolished, the City Manager will notify the Human Resources Department of the number of
employees to be laid off or the names and number of positions to be abolished. The purpose of the
procedures set forth below is to establish equitable standards to regulate such layoffs. The City's decision
to reduce its work force is a management right, thus no due process or complaint procedures apply, and
the decision is not subject to "meet and confer" requirements. These procedures apply only to regular
employees (full or part time) and probationary employees (initial or promotional/transfer).
1. Identification. The City Manager on the basis of the administrative needs of the City determines the
departments and positions subject to layoff.
2. Order of layoff:
a. Within a classification, those employees who are probationary employees in their initial
probationary period will be laid off first, followed by employees in a promotional or transfer
probationary period.
b. The order of layoff for regular employees within a department will be determined by considering
business necessity, each employee’s job performance and competence, and seniority.
i. "Seniority" for purposes of this Section shall be determined by adding together all time spent
in City service, in whatever capacity, expressed in terms of years, months, and days. The
seniority calculation shall not include disciplinary time off without pay or time spent on unpaid
leave (unless federal or state law requires it to be included in the seniority calculation).
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ii. Once seniority determinations have been made, layoffs are made in reverse seniority order
(i.e. the most junior employees are laid off first).
iii. Ties in seniority shall be resolved by the Personnel Officer, taking into account the past
performance, disciplinary actions (if any), supervisor recommendations, and such other facts
as will result in the City retaining the most qualified and efficient employees.
3. Notice. Employees shall be given at least ten (10) business days' written notice prior to the effective
date of the pending layoff. A copy of the notice shall be retained in the employee's personnel file.
4. Exclusions. In certain instances, there may be exceptions made in the order of layoff outlined above.
These exclusions would be made when:
a. specialty position when qualifications for the position could not be easily obtained through a short
orientation or familiarization period.
b. transfer in lieu of layoff. Within the affected department or departments, a regular employee who
is scheduled for layoff may be offered a voluntary reduction in classification to a lower level job
classification provided he/she meets the minimum qualifications, and/or obtains proficiency
through a short orientation period.
c. a voluntary reduction by taking early retirement and/or “golden hand shake”.
5. Retreat rights/voluntary demotion in lieu of layoff.
a. An employee who would otherwise be laid off has the right to retreat to a vacant position which
they previously held, provided the employee meets the current minimum qualifications for the
position.
b. An employee who would otherwise be laid off has the right to retreat to another position in the
same classification series or to any position the employee has previously held and for which the
employee is qualified that is occupied by an employee of lesser seniority. The result is that the
more senior employee "bumps" the junior employee, who then is entitled to the retreat/demotion
rights set forth herein.
c. An employee who would otherwise be laid off may request to be temporarily demoted to any
vacant position for which the employee is qualified.
d. An employee who wishes to exercise any of the rights set forth in this subsection 5 must so notify
the Personnel Officer in writing within five (5) business days of receiving the notification of
pending layoff.
e. An employee who retreats or is demoted to a position as provided herein must serve the
probationary period applicable to the new position unless the employee previously completed the
probationary period in that position.
6. Reinstatement lists. The names of regular employees who have been laid off, including those who
have accepted a demotion or retreated to another position are to be placed on a layoff reinstatement
list by seniority within the classification from which the employees were laid off. An employee’s name
remains on this list for a period of one (1) year from date of layoff; an employee’s name may be
removed for any of the following reasons:
a. Reappointment of the employee to their former classification
b. Notification from employee that they are no longer interested in returning to the City.
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c. Inability to contact the employee by mail or phone at the employee’s last known address in the
employee’s official personnel file.
d. Rejection by the employee of an offer of employment within the same job classification. Failure to
respond within five (5) business days of the offer shall be deemed a rejection.
7. Offer of reinstatement. If the position previously held by a laid off employee becomes vacant, or if
another position within the same classification series becomes vacant, then the employee with the
most seniority on applicable reinstatement list shall be offered the vacant position.
8. Restoration of benefits upon reinstatement. When an employee is reinstated to employment after
layoff, all their prior service shall be counted toward the calculation of leave accruals and seniority. If
an employee is reinstated to a position in which they were serving a probationary period at the time of
layoff, all time on probation previously completed prior to layoff shall be counted toward determining
when the probationary period ends.
SECTION 6 - INCOMPATIBLE ACTIVITY/CONFLICTS OF
INTEREST
A. Incompatible Activity - Certain activities are incompatible with ethical, effective employment with the City.
All City employees are prohibited from:
1. Participating in improper political activity prohibited by the federal Hatch Act or pertinent provisions of
State Law including the California Government Code;
2. Using for private gain or advantage the influence of a City position or the facilities, equipment and
supplies of the City;
3. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City;
4. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have,
business contacts with the City in excess of the Conflict of Interest guidelines established in the
Rohnert Park Municipal Code Chapter 2.60 and the adopted City’s Conflict of Interest Code;
5. Divulging confidential information to anyone to whom issuance of such information has not been
authorized; or
6. Participating in any employment or other activity, which will prevent an employee from doing theirCity
job in an efficient and capable manner, is illegal pursuant to state or federal law, or which might result
in a conflict of interest between the employee’s private interests and their official duties and
responsibilities.
7. In accordance with the adopted City Council Protocols, city employees are not eligible to serve in City
Committees, Commissions, or Boards.
B. Outside Employment - City employees are expected to work for the City's bests interests and to devote
their best energies and skills to their positions. For this reason, City employees are generally prohibited
from accepting outside employment that could conflict with the best interests of the City or interfere with the
employee's ability to perform their City position. Employees shall submit a request to their supervisor on a
City approved form. No outside employment may occur prior to the approval of the employee’s supervisor.
Examples of such prohibited outside employment include, but are not limited to:
1. jobs/business conducted during the employee's work hours with the City;
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2. jobs/business that prevent the employee from being available for necessary overtime or emergency
work period outside their normal working hours when such overtime or emergency duty is a regular
part of their job;
3. business conducted using City facilities, resources or equipment (including telephones, computers,
supplies, etc.)
SECTION 7 - DISCIPLINARY ACTION
City employees are expected to meet certain standards of job performance, interpersonal interaction, and
conduct. The City may discipline any employee whose conduct or performance fails to meet reasonable City
standards, i.e. for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The
specific discipline imposed is intended to focus the attention of the employee on the performance or conduct
problem and, except in cases of discharge, to encourage changes in behavior.
Disciplinary actions include but are not limited to: counseling, oral reprimand, written reprimand, reduction in
pay, suspension without pay, reassignment, demotion, and discharge. Although the City generally applies the
concept of "progressive discipline," discipline may include any one or any combination of actions, and the
actions need not necessarily be applied in a defined order. Instead, the discipline imposed will be determined
according to the severity of the infraction(s), regardless of whether prior discipline has been imposed.
Only regular employees who have successfully completed their probationary period have the right to a Skelly
conference and appeal as described in this section. An employee not covered by this Section may be
disciplined without reference to these provisions; such an employee has no protected property interest in their
employment.
A. Causes for Disciplinary Action - Any regular employee may be disciplined for "good cause". Good cause
is defined as reasons including, but not limited to, the following:
1. Fraud in securing employment;
2. Incompetence or inefficiency;
3. Failure to maintain required licenses, credentials, certificates or other conditions for employment as
specified in assigned classification;
4. Insubordination;
5. Dishonesty;
6. Neglect of duty, or inattention to/dereliction of duties;
7. Violation of City or Department rules and regulations, policies, procedures or general orders, whether
oral or written;
8. Disclosure of confidential personal information of another employee;
9. Negligent or willful damage to or waste of public equipment, property or supplies;
10. Improper or unauthorized use of City vehicles or equipment;
11. Misappropriation, theft, or embezzlement of City property and/or funds;
12. Unlawful harassment or discrimination, or the failure to cooperate with the investigation of harassment,
discrimination or other unlawful activities;
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13. Possession of an open container, use of, or being under the influence of alcohol, non-prescription or
unauthorized narcotics or controlled substances during work hours;
14. Excessive tardiness or absences, except in the case of approved leave;
15. Absence without leave, not returning from an approved leave-of-absence or obtaining a leave-of-
absence under false pretense;
16. Soliciting any favors or gifts from persons or corporations who have, or seek to have, business
contacts with the City;
17. Accepting any favors or gifts from persons or corporations who have, or seek to have, business
contacts with the City in excess of the Conflict of Interest guidelines established in the Rohnert Park
Municipal Code Chapter 2.60;
18. Failure to observe safety regulations and practices, including the use of assigned personal protective
equipment;
19. Discourteous, unprofessional or abusive treatment of the public or other employees;
20. Use of abusive language;
21. Actual or threatened physical violence;
22. Conviction (including by plea of guilty or nolo contendere) of a felony or any crime involving moral
turpitude;
23. Conviction of a misdemeanor (including by plea of guilty or nolo contendere) that is of a nature as to
adversely affect the employee's ability to perform the duties and responsibilities of their position.
B. Minor Discipline. – All supervisors are authorized to implement minor disciplinary measures. Minor
disciplinary actions are not subject to appeal. Examples of minor discipline include the following:
1. Oral reprimand. An oral admonition to an employee whose conduct or performance must be
improved and which details the areas for improvement, the degree of improvement required, and a
notice that failure to improve could result in more serious disciplinary action. Oral reprimands are
noted by the supervisor, but are not documented in the employee's personnel file.
2. Documented counseling. A written memorandum showing that the supervisor has met with the
employee to discuss a specific problem(s) or deficiency and which sets forth the recommendations
given to the employee to address the problem(s) or deficiency in order to improve performance.
Documented counseling memoranda are typically maintained in the supervisor's file until they are
included by notation in the employee's formal performance evaluations.
3. Written reprimand. A formal written notice to an employee stating the specific details concerning the
subject of the reprimand, summarizing previous related disciplinary action, if any, and describing the
plan for improvement. A written reprimand shall include the date of the reprimand and a statement
advising the employee that continued conduct or performance at such levels may result in more
serious discipline, up to and including discharge. At the time a written reprimand is issued, the
employee is entitled to bring a representative of their choice. The employee shall review the
reprimand and sign it and then shall be given a copy of it. Written reprimands are not subject to
appeal, although an employee has three (3) working days following the date of a reprimand to submit
their own rebuttal comments, which shall accompany the reprimand in the employee's personnel file.
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4. Removal of minor discipline records. At the request of the employee, records of minor discipline
will be removed from the employee’s personnel file three (3) years after the date of the written
reprimand or documented counseling. Records will be removed provided the employee has received
satisfactory performance reviews in the subsequent three (3) year period from date of the written
reprimand/documented counseling and no further discipline has been initiated. The employee shall
initiate the request to remove records of minor discipline through their Department Head. The
employee’s Department Head shall coordinate this request through Human Resources to ensure the
appropriate criteria has been met to remove the records. Nothing in this section is intended to prevent
documentation of progressive discipline.
C. Major Discipline - Major discipline may only be implemented by Department Heads, or their designee.
Types of major discipline include the following:
1. Suspension. The temporary removal of an employee from the City service without pay for one (1) or
more working days. "Working days" shall be determined by reference to the affected employee's
normal work schedule. An employee may not use leave accruals to make up the time lost due to an
imposed suspension.
2. Merit decrease. A pay step reduction where performance falls short of the normal standards or where
performance is clearly inadequate in one or more critical job duties.
3. Demotion. The removal of an employee from one position and reassignment to one of lower grade or
classification.
4. Discharge. The removal of an employee from City service when it has been determined the
employee has been given a reasonable opportunity to conform their conduct to required behavior or
performance standards and has failed to do so, or where an employee has committed one or more
serious offenses for which no other disciplinary measure is appropriate.
D. Disciplinary Process –Major Discipline. Any imposition of major discipline must follow the procedures set
forth below.
1. Notice. A written Notice of Intent to Discipline ("Notice of Intent") shall be prepared by the Department
Head, or their designee, in consultation with the Human Resources Department. The Notice of Intent
shall state:
a. The specific type of disciplinary action proposed;
b. The effective date of the action;
c. The specific reason(s) or cause(s) for the actions;
d. A copy of all written materials upon which the action is based, and
e. Notice that, prior to the imposition of the major discipline, the employee has the right to respond
orally or in writing at a Skelly Conference to explain why the employee believes the proposed
major discipline should not be imposed. A request for such a conference must be submitted in
writing to the Personnel Officer within ten (10) working days of receipt of the Notice of Intent.
2. Skelly Conference. At the employee's request, a Skelly Conference will be held prior to the
imposition of major discipline. This conference is not an evidentiary hearing, but rather an opportunity
for the employee to present information as to why the proposed major discipline should not be
imposed. Except by stipulation of the City and the employee, the conference shall take place within
ten working (10) days of the employee's request for conference, and it may be rescheduled only once
at the employee's request. The following parameters apply to the Skelly Conference:
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a. The conference shall be conducted by a responsible person designated by the Personnel Officer.
b. The conference shall include the employee, the employee's chosen representative(s) -
(reasonable number), and others as directed by the Skelly Officer. Absent extenuating
circumstances, the employee's failure to appear waives their right to such a conference.
c. The conference shall be tape recorded or stenographically recorded, and a copy of the tape
recording or transcript shall be provided to the employee upon request.
d. At the conference, the employee shall be given an opportunity, either orally or in writing, or both,
to bring forward facts or circumstances which may cause the charges to be revised or dismissed.
If the employee's information is presented by their representative, all statements made by the
representative shall be attributed to the employee as if made by the employee personally, and it
is the employee's obligation to correct any misstatement(s) by the representative.
e. Following the conference, the Skelly Officer will make a written recommendation to the
Department Head, or designee, who issued the Notice of Intent as to whether the proposed
discipline should be imposed, modified, reduced or dismissed.
3. Notice of discipline. Following the Skelly Conference, if requested, the same Department Head, or
designee who issued the Notice of Intent shall consider the Skelly Officer's recommendation to
determine how to proceed. If they decide to dismiss the proposed discipline, written notice of the
dismissal shall be provided to the employee as soon as practicable. If the decision is to impose
discipline either as proposed or in some modified or reduced form, a written Notice of Discipline shall
be prepared. The Notice of Discipline shall state:
a. The specific type of disciplinary action that will be imposed;
b. The specific reason(s) or cause(s) for the actions, setting forth specific facts that form the basis
for the decision;
c. The effective date of the action; and
d. The applicable appeal rights available to the employee pursuant to these Personnel Rules.
Disciplinary action becomes effective on the date stated in the Notice of Disciplinary Action,
notwithstanding an employee’s timely request for an evidentiary hearing before the City Manager.
E. Appeal from Major Discipline - Any employee on whom major discipline has been imposed shall be
entitled to an appeal hearing as set forth below.
1. Timing. An employee wishing to exercise the appeal rights provided in this Section must deliver a
written Notice of Appeal to the City Manager or their designee within ten (10) working days after the
date of the Notice of Discipline.
2. Employee representation. Employees may represent themselves or be represented by legal counsel
or representative(s) of the employee's recognized employee organization.
3. Evidentiary hearing. An evidentiary hearing before a neutral hearing officer shall be arranged for by
the Personnel Officer or their designee and shall, absent extenuating circumstances, be held within
thirty (30) working days of the receiving the Notice of Appeal. The hearing shall be closed and
confidential. Prior to the hearing, the Personnel Officer or their designee shall supply the hearing
officer with (1) the Notice of Intent and any attachments, (2) the Skelly Officer's written
recommendation, and (3) the Notice of Discipline and any attachments. Other hearing procedures are
as follows:
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a. The employee's presence is required. Failure to appear at the appeal hearing unless physically
unable to do so shall be deemed a withdrawal of the appeal and a waiver of any further right of
administrative appeal.
b. The hearing shall be stenographically recorded.
c. Any and all witnesses other than the City's representative shall be excluded from the proceeding
until called to testify, except as mutually agreed to by the employee and the City's representative.
d. Order of hearing shall be:
i. The City's representative, followed by the employee, may make preliminary opening
statements.
ii. The City's representative may present oral or documentary evidence, or both, in support of
the City's position; the employee may cross-examine all witnesses called by the City.
iii. The employee may present oral or documentary evidence, or both, in support of the
employee's position; the City's representative may cross-examine all witnesses called by the
employee.
iv. The City's representative, followed by the employee, may make a closing statement.
e. The hearing shall be conducted in an efficient manner conducive to determining the issues,
however, the technical rules of evidence do not apply. Any relevant evidence may be admitted if
it is the sort of evidence on which responsible persons are accustomed to relying in the conduct
of serious affairs. Oral evidence shall be taken only upon oath or affirmation. Hearsay evidence
may be used for various purposes; however, hearsay standing alone and properly objected to
shall not be competent to prove a charge. Irrelevant and unduly repetitious evidence may be
excluded, as shall evidence that would violate other employees' rights to privacy and
confidentiality of their personal information. The hearing officer (with advice of appointed
counsel, if necessary) shall rule on any objections made to the admissibility of evidence or
otherwise relating to the conduct of the hearing.
f. Following the conclusion of the hearing, the hearing officer shall prepare written findings and
recommendations and provide them to the City Manager. The hearing officer may recommend
changes to the proposed discipline. However, if the hearing officer finds that the underlying facts
giving rise to the charge(s) are proved by a preponderance of the evidence, the hearing officer
may not recommend a reduction in discipline if reasonable minds could differ as to the proper
level of discipline. If the hearing officer recommends a reduction in discipline, they must make a
specific finding that reasonable minds could not differ as to the appropriate level of discipline and
set forth the facts upon which they based such finding. If the hearing officer finds that none of the
charges are supported by the evidence presented, the recommendation shall be that no
disciplinary action be taken.
4. City Manager's Determination. The hearing officer's findings and recommendations shall be
forwarded to the City Manager for their review. The City Manager will follow the recommendations of
the hearing officer unless they can show cause that the hearing officer abused their discretion.
a. The City Manager shall review the entire record (including the Notice of Intent, the record of
Skelly proceedings, the Skelly officer's written recommendation, the Notice of Discipline, the
evidence and record at the evidentiary hearing, and the appeal hearing officer's written findings
and recommendations).
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b. The City Manager shall issue a decision imposing the disciplinary action they deem appropriate
and in the best interests of the City.
c. The City Manager's decision shall be in writing and shall be final. It shall include a copy of the
appeal, hearing officer's findings and recommendations and shall be filed as a permanent record
in the employee's personnel file.
d. Notice of the City Manager's decision, along with a copy of both the City Manager's decision and
the appeal hearing officer's findings and recommendations, shall be served on the employee by
personal service or by registered or certified mail. The notice shall also include a statement of
the employee's right to seek judicial review within 90 days pursuant to Code of Civil Procedure
1094.6.
F. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place
an employee on non-disciplinary paid administrative leave, or in the case of a probationary employee –
non-paid administrative leave, during the investigation of circumstances that could lead to the imposition of
discipline or for any other reason that is in the City's best interests. Directors shall request approval for
paid administrative leave to the Director of Human Resources who shall then confirm with the City
Manager.
G. Disciplinary Action for specific employees of the Department of Public Safety.
Under California Government Code Section 3300, the State of California enacted the Public Safety
Officers’ Procedural Bill of Rights (POBRA). As defined under California Government Code Section 3301,
the positions within the City that are covered by the POBRA are the following: Public Safety Officer
Trainee, Public Safety Officer, Public Safety Sergeant, Public Safety Lieutenant, Public Safety Deputy
Chief, and Director of Public Safety. It shall be the policy of the City to extend these same rights and
privileges to all non-safety members of the Rohnert Park Public Safety Officers’ Association, except those
that by their very nature could only apply to peace officers and/or firefighters. All subsequent revisions to
California Code sections 3300 et seq and Court interpretations of these statutes shall also be binding on
the City with respect to non-safety members of the Rohnert Park Public Safety Officers’ Association.
For safety and non-safety employees alike, the phrase “locker, or other space for storage that may be
assigned to him” as used in Government Code Section 3309 shall include, but is not limited to, a Public
Safety employee’s assigned City vehicle and/or the enclosed spaces of an employee’s assigned desk or
office area. Nothing in this section shall preclude the City from temporarily re-assigning a departmental
asset to meet a necessary operational requirement.
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GLOSSARY – DEFINITION OF TERMS
ADMINISTRATIVE LEAVE (PAID) – Absence with full pay and benefits, ordered by a Department Head or the
City Manager, when the City's interests require the employee to be away from the job. Such leave shall be
deemed non-disciplinary.
ANNIVERSARY DATE – The date, which signifies the completion of each year of service by a regular employee
in a position and/or the date an employee starts their probationary period for either original, promotional, or
change in classification appointments.
APPLICANT – A person who has successfully completed and submitted an employment application for a
position for which the City is currently recruiting.
APPOINTMENT – The selection of, and acceptance by, an applicant to a position in the City service in
accordance with these rules.
AVERAGE SCORE - Means the combined average of all-relevant, converted, and weighted scores obtained by
a candidate for a given classification or position title.
CALENDAR DAYS – Consecutive days within a specific time frame and shall include weekends and holidays.
CANDIDATE - An applicant for City employment who meets the minimum qualifications of the position applying
for and has been selected to begin the testing process or a person on an eligibility list.
CFRA - California Family Rights Act, state law established in 1993, and is administered by the California
Department of Fair Employment and Housing.
CITY COUNCIL – The duly elected governing body of the city.
CITY MANAGER – The individual appointed by the City Council to manage all City operations, departments,
policies and rules.
CITY SERVICE - The entire employment system of the City.
CLASSIFICATION - A group of positions sufficiently similar in respect to duties and responsibilities, that the
same descriptive classification title may be used to designate each position allocated to that class. The same
minimum qualifications may be required of incumbents of positions in the class, and the same examinations
may be used to choose qualified employees.
CLASSIFICATION SERIES – A group of classifications sharing similar functions but differing as to level of
complexity, difficulty and responsibility.
CLOSE RELATIVE - Relative shall mean spouse, father, father-in-law, mother, mother-in-law, brother, brother-
in-law, sister, sister-in-law, child (including stepchildren), stepparents, aunts, uncles, grandparents, grandparent-
in-law, grandchildren and relationships in loco-parentis and close personal relationships, with the approval of the
City Manager or their designee.
COMPENSATION – Any salary, fee, or allowance paid to an employee for performing the duties and exercising
the responsibilities of a position.
DEPARTMENT DIRECTOR/HEAD – The individuals appointed by the City Manager to manage their
department specific operations, policies, and rules.
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DISCIPLINARY ACTIONS – Actions taken with the objective of obtaining employee compliance with rules,
orders, procedures, standards of conduct and/or expected job performance when non-disciplinary corrective
actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its
own.
DOMESTIC PARTNER – Two adults who have chosen to share one another's lives in an intimate and
committed relationship of mutual caring. To be eligible both parties must file a Declaration of Domestic
Partnership with the California Secretary of State.
ELIGIBLE – A person whose name is on an employment list.
ELIGIBILITY LIST – A list that contains the names of qualified candidates, for a specific classification, who have
completed all examination processes and are ranked, in order of the score or rating received.
EMPLOYEE - Any person appointed to fill an authorized employment position in the City service. Elected
officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and commissions are
not employees. The categories of employees are:
Regular: A regular employee is one who has passed probation and holds a regularly authorized position
with benefits. Regular employees may only be disciplined for cause. There are 3 types of regular
employees:
1. Regular full-time: a person who holds a budgeted (40) forty-hour per week position, with duties and
responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City
pursuant to the applicable Memorandum of Agreement or applicable Outline of Benefits for the
Management and Confidential Units.
2. Regular part-time: a person who holds a budgeted position, with duties and responsibilities that do not
end in a specific time period, works for a specific number of hours, as defined, and fills out a timecard,
receives a salary and benefit package, proportioned to their agreed fixed work ratios (e.g.: 20 hours
per week receives 50% benefits; 30 hours per week receives 75% benefits).
3. Specially-funded: a person who works in a regular full- or part-time position funded by sources other
than City revenues (e.g., federal or state grants).
Probationary: A probationary employee is someone in a regular full- or part-time position who is serving a
trial period as provided in this document.
Special: A special employee is one hired for a special purpose to meet the needs of the City. Special
employees include:
1. Provisional employees – i.e. an employee who meets the minimum qualifications for a position and
who is appointed on an interim basis until the vacancy can be filled.
2. Seasonal employees – A temporary employee appointed to positions of limited duration of not more
than six (6) months within a twelve (12) month period. Seasonal employees do not participate in the
City’s benefit programs.
3. Emergency employees – employees hired to meet the requirements of a declared emergency which
threatens life, property, or the general welfare of the City and whose position ceases when the
emergency ceases.
Probationary and Special Employees may be dismissed from such positions or disciplined with or without
cause.
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ENTRY LEVEL – The initial position in a class series.
EXAMINATION – The process utilized to evaluate the relative skills and knowledge of an applicant for
prospective employment or current employee who has applied for a change in classification and/or promotion.
Techniques utilized may consist of, but not limited to any of the following: traditional paper and pencil tests,
performance tests, skills test, or oral assessment.
EXEMPT – An employee in a specific classification who, according to the Fair Labor Standards Act (FLSA) is
exempt from the City’s overtime policies and is compensated for overtime through Administrative Leave,
accumulated per specifications outlined in the MOA’s and/or Outline of Benefits for the Management and
Confidential Units.
FAMILY AND MEDICAL LEAVE POLICY – Provides for employee leave during times of illness or family
emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave Act.
FMLA – Family Medical Leave Act, federal law established in 1993 and administered by the Department of
Labor.
COMPLAINT – A complaint by an employee relating to wages, hours, and working conditions. Disciplinary
action cannot be grieved.
LEAVE-OF-ABSENCE WITHOUT PAY – Time away from work, which the employee has requested, and the
City Manager or their designee has approved, for which the employee is not paid and has the right to return to
the same position held before the leave was granted.
MEMORANDUM OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits, and other
conditions of employment for designated classes between the bargaining units and the City that have been
adopted by the City Council.
NON-EXEMPT – An employee in specific classifications who, according to the Fair Labor Standards Act (FLSA)
is to receive overtime pay at 1 ½ times normal pay for hours worked over 8, 9, 10 in a 24 hr. period and/or any
hours worked over 40 hours in a 7 day period, as outlined in the MOA’s and/or Outline of Benefits for the
Management and Confidential Units.
PDL – Pregnancy Disability Leave, California law established in 1994, and administered by the California
Department of Fair Employment and Housing.
PERSONNEL OFFICER – Is the Director of Human Resources, and is responsible for the administration of all
Personnel Rules. Throughout these Personnel Rules, the term "Personnel Officer" denotes the Director of
Human Resources or their designee.
POSITION – A specific office or employment provided by the budget, whether occupied or vacant, calling for the
performance of certain duties. Positions may be regular full-time, regular part-time, seasonal, hourly, and/or
temporary.
PROBATIONARY PERIOD – A working test period during which an employee is required to demonstrate fitness
for the position to which appointed by actual performance in the position.
PROMOTION – The movement of a qualified employee from one class to another class with a higher maximum
rate of pay and greater job responsibilities.
REINSTATEMENT - The re-employment of an employee who has regular or probationary status in a class, who
has been laid off, is returning from an approved leave requiring reinstatement, or who has resigned in good
standing and who is entitled to preference in appointment to vacancies in that class.
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RPEA – Rohnert Park Employees’ Association. The labor bargaining and representation unit for administrative,
technical and support employees.
RPPSMA – Rohnert Park Public Safety Managers’ Association. The labor bargaining and representation unit
for Public Safety Lieutenants and Deputy Chiefs.
RPPSOA – Rohnert Park Public Safety Officers’ Association. The labor bargaining and representation unit for
Public Safety Sergeants, Public Safety Officers, Public Safety Dispatchers, Communications Supervisor,
Community Services Officers, Part-Time Dispatchers, and Public Safety Officer Trainees.
RULES - The Personnel Rules and Regulations of the City of Rohnert Park as contained in this document.
SALARY – A regular employee’s base pay as approved by the City Council in the classification and salary plan
i.e. pay rates and ranges, computed on a monthly basis.
SALARY RANGES – The rate(s) assigned to a classification in the pay rates and ranges.
SEIU – Service Employees International Union Local 1021. The labor bargaining and representation unit for
represented City employees in the Department of Public Works.
TEMPORARY APPOINTMENT - An appointment of limited duration in the absence of available eligible
employees or applicants.
TERMINATION - The ending of any employment relationship between an employee and the City.
TRANSFER - A change of an employee from one position to another position in the same class or another class
having essentially the maximum salary limits, and involving the performance of similar duties.
WORKDAY - Is a twenty-four (24) hour period beginning at the same time each calendar day.
WORKWEEK - Means any forty (40) hour period within seven (7) consecutive days starting with the same
calendar day each week.