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Home My WebLink AboutMarch 1, 2005MEETING AGENDA CA~,IPOR,y~ ^ ^ ^ Arcadia City Council and '~~~-• Arcadia Redevelopment Agency ,~, o,ry.~„°m`' TUESDAY, MARCH 1, 2005 This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each item on this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding any matter on the agenda, please call the office of the City Clerk at (626) 574-5455. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574-5401 at least three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. 6:00 p.m. in the City Council Chamber Conference Room ROLL CALL AUDIENCE PAR7ICIPATION -(5 minutes per person) CLOSED SESSION a. Public Employee Performance Evaluation (Govt. Code Section 54957) Title: City Manager 7:00 p.m. in the City Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL 1. PUBLIC HEARING a• Annual Weed Abatement Protest Hearinq Recommendation: Conduct public hearing and direct the Agricultural Commissioner/Director of Weights and Measures to abate noxious weeds, rubbish, refuse and dirt growing or occurring on various properties in the City of Arcadia. AUDIENCE PARTICIPATION -(5 minutes per person) REPORTS FROM ELECTED OFFICIALS 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a, Minutes of the February 15 2005 Reaular Meeting and Februarv 22 2005 Soecial Meetina with Temple City City Council Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the February 15 2005 Regular Meeting and Februarv 22 2005 Special Meeting with Temple City Citv Council Recommendation: Approve ~• Renewal of Local Emeraencv Proclamation for Santa Anita Canyon Road Recommendation: Approve d. Authorize the City Manager to aporove an addendum to the Professional Services Agreement with IBI Grouo in the amount of 315 000 00 for services related to the review of documents for the Gold Line Foothill Extension Recommendation: Approve e. Accept all work performed bv TDS Engineering Inc as comolete and authorize the final oavment to be made in accordance with the contract documenks subiect to a retention of ~8 620 40 for the City Signaoe and Banner Proaram Recommendation: Approve 3. CITY MANAGER a. Revised Personnel Rules and Reaulations Recommendation: Approve AD]OURNMENT The City Council will adjourn this meeting to Tuesday, March 15, 2005, 6:00 p.m. in the Arcadia City Hall Council Chamber. ANNOTATED AGENDA `"~P~'"4 Arcadia City Council ~~~ and ~=~~W Arcadia Redevelopment Agency 'm.. a~,~.m~ TUESDAY, MARCH 1, 2005 MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE APPROVED READING IN FULL 5- 0 1. PUBLIC HEARING a. Annual Weed Abatement Protest Hearina Direct the Agricultural Commissioner/Director of Weights and Measures APPROVED to abate noxious weeds, rubbish, refuse and dirt growing or occurring on 5- 0 various properties in the City of Arcadia. 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a.' Minutes of the February 15. 2005 Reaular Meeting and February 22, 2005 APPROVED Special Meeting with Temple City City Council. 4- 0; Chandler abstaining Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL b. Minutes of the Februarv 15. 2005 Regular Meeting and Februarv 22. 2005 APPROVED Soecial Meeting with Temple City Citv Council. 4- ~: Chandler abstaining Recommendation: Approve ~• Renewal of Local Emergency Proclamation for Santa Anita Canyon Road APPROVED (Resolution No. 6459) 5 - 0 Recommendation: Approve d. Authorize the City Manager to aoorove an addendum to the Professional APPROVED Services Aareement with IBI Group in the amount of ~15 000.00 for 5- 0 services related to the review of documents for the Gold Line Foothill Recommendation: Approve e. Accept all work performed by TDS Enaineering Inc as complete and APPROVED authorize the final payment to be made in accordance with the contract 5- 0 documents subiect to a retention of ~8 620 40 for the Citv Signaqe and Banner Proqram. Recommendation: Approve ~ , F ~ytYORNN p~• 0,.a~..>,,•~a• ROLL CALL MINUTES Arcadia City Council ~~~ and Arcadia Redevelopment Agency ~ , TUESDAY, MARCH 1, 2005 6:00 p.m. in the City Council Chamber Conference Room Present: ~uncil/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic Absent . None. AUDIENCE PARTICIPATION -(5 minutes per person) None. CLOSED SESSION a. Public Employee Performance Evaluation (Govt. Code Section 54957) Title: City Manager 7:00 p.m. in the City Council Chamber INVOCATION Bob Sanderson, Arcadia Police Captain PLEDGE OF ALLEGIANCE David Hinig, Arcadia Police Chief ROLL CALL Present: ~uncil/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic Absent: None. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, announced that the Cily Council took no reportable action on toniqht's Closed Session item. MOTION TO READ _ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Marshall and carried without objection to read all Ordinances/Resolutions by title only and waive reading in full. a~:ooza 1 03-01-05 A 1 1. PUBLIC HEARING a. Annual Weed Abatement Protest Hearina Staff Report Bill Kelly, City Manager, provided the report; he explained that tonight's public hearing was the forum for any weed abatement protests; he further declared that staff's recommendation was for the Council to move to direct the Agricultural Commissioner to provide weed abatement services on the declared properties list Public Testimony None. Motion to Close Public A motion was made by Council Member Chandler, seconded by Council Hearing Member Segal, and carried without objection to close the public hearing. Council Deliberation None. Motion A motion was made by Council Member Chandler, seconded by Council Member Marshall and carried on roll call vote to direct the Agricultural Commissioner/Director of Weights and Measures to abate noxious weeds, rubbish, refuse and dirt growing or occurring on various properties.in the City of Arcadia. Roll Call Ayes: Council/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic Noes: None. AUDIENCE PARTICIPATION -(5 minutes per person) Barbara Shuck, property owner in Chantry Flats, appeared to inquire regarding the road damage in Chantry Flats. The City Manager provided an update report regarding funding status for road repairs and the multijurisdictional efforts toward this project. Jackie Gibson, cabin resident in Chantry Flats, appeared to inquire regarding parking issues for property owners in the affected area. Kim Kellv, owner of pack station at Chantry Flats, appeared to inquire regarding temporary transportation access to her property. Glen Owens. property owner in Chantry Flats, appeared to request that the City Council consider de-anne~cing Arcadia's portion of Santa Anita Canyon Road back to Los Angeles County. 47:0025 Z 03-01-05 c , REPORTS FROM ELECTED OFFICIALS CHANDLER No report MARSHALL Commented on award given to Jim and Margaret Barrows for their volunteer efforts, the earrows were nominated by the City Council for the award from Waste Management; thanked the Rotary Club for their recent donation of an outdoor clock to the City; read a comment from Dorothy Denne who noted the excellent work from Public Works Services Department in filling the potholes caused by the recent rain. SEGAL Commented that he had visited Dah Len, China and noted that he was impressed with the cleanliness and beauty of the City; Wished the best to all participants in this year's Little League. WUO Wished Mrs. Chandler a speedy recovery. KOVACIC Welcomed 29 studenks from Dah Len, China, who are studying for one (1) year at California State University, Los Angeles; they each made a self introduction; commented that Valley Vista Services will be sponsoring the July 4th Extravaganza; On Saturday, March 5, 2005 the Library will host a"tile painting" ceremony as Arcadia's newest community art project; he noted that on Friday, March 25, 2005 he will host the annual Mayor's Prayer Breakfast; he enmuraged all to participate in the upcoming "State of the City" event and town hall forum to be held on March 16, 2005. Mayor Kovacic requested that the City Council consider the following two items on an upcoming agenda: 1) a plaque placed on the City's community center to honor those on the City Council who participated in the project; and 2) the naming of Arcadia's newest reservoir. 4~:0~26 The Mayor received support from the Council to discuss these items on a future agenda. , BARROWS Thanked the City Council for nominating his family for the volunteer award; Congratulated the Arcadia High School band for their recent fundraising event. 2. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the February 15, 2005 Reaular Meetina and February 22, 2005 Special Meeting with Tem~le Citv City Council. Recommendation: Approve Motion A motion was made by Agency Member Chandler, seconded by Agency Member Segal, and carried on roll call vote to approve item 2.a. on the Consent Calendar. 3 03-01-05 Roll Call Motion Roll Call 3. qyes; Council/Agency Members Chandler (abstained from item 2.a.), Marshall, Segal, Wuo and Kovacic Noes: None. CONSENT CALENDAR - CITY COUNCIL y, Minutes of the Feb~uarv 15. 2005 Reaular Meetina and Februarv 22, 2005 Special Meetino with Temple City City Council. Recommendation: Approve c. Renewal of Local Emergency Proclamation for Santa Anita Canyon Road (Resolution No. 6459) Recommendation: Approve d. Authorize the City Manager to approve an addendum to the Professional Services Aareement with IBI Group in the amount of ~15,000.00 for services related to the review of documents for the Gold Line Foothill Extension. Recommendation: Approve e. Acce~t all work performed by TDS Engineerina, Inc. as mmplete and authorize the fnal payment to be made in accordance with the contrect documents subject to a retention of ~8.620.40 for the City Signaae and Banner Program. Recommendation: Approve A motion was made by Council Member Segal, seconded by Council Member Marshall, and carried on roll call vote to approve items 2.b. through 2.e. on the Consent Calendar. Ayes: Council/Agency Members Chandler (abstained from item 2.b.), Marshall, Segal, Wuo and Kovacic Nces: None. CITY MANAGER a. Revised Personnel Rules and Reaulations. Tracey Hause, Administrative Services Director, presented the report; she commented that tonight's matter results from periodic revisions of the city- wide personnel rules and regulations; in response to a question from Council Member Segal she announced that staff had 'received input from outside counsel on the proposed changes. Motion Roll Call A motion was made by Council Member Marshall, seconded by Council Member Segal, and carried on roll call vote to approve the revised Personnel Rules and Regulations. . Ayes: Council/Agehcy Members Chandler, Marshall, Segal, Wuo and Kovacic Noes: None. 4 47:0027 03-01-OS r 47:0028 ADJOURNMENT The City Council adjourned this meeting at 8:10 p.m., in memory of Ron Hoar and Hilda Plyer, to Tuesday, March 15, 2005, 5:30 p.m. in the Arcadia City Hall Council Chamber Conference Room. ]ames H. Barrows, City Clerk vu~a.~.P,~.~. by: Vida Tolman Chief Deputy City Clerk/Records Manager 03-01-OS ~ ~ A r~C~A~'09ATSfl~~OO' STAFF REPORT Office of the City Clerk ~ ~ DATE: March 1, 2005 TO: Honorable Mayor and Members of the City Council FROM: Vida Tolman, Chief Deputy City Clerk/Records Manager 1 Y SUBJECT: PUBLIC HEARING - ANNUAL WEED ABATEMENT PROGRAM RECOMMENDATION: It is staff's recommendation that the City Council move to direct the Los Angeles County Agricultural Commissioner to abate the nuisance by having the weeds, rubbish and refuse removed from those properties setforth on the 2004- 2005 Weed Abatement List. On February 15, 2005, the City Council adopted Resolution No. 6458 declaring its intention to abate noxious weeds, rubbish and refuse from various private properties within the City. Resolution No. 6458 also set March 1, 2005 as the time and place to hear objections from the owners of such properties to the proposed removal of flammable and otherwise noxious material. As required by the Government Code, the Los Angeles County Agricultural Commissioner (County) has mailed the appropriate notice to all affected properry owners. The attached list identifies the properties requiring weed abatement by street address, or the general location if a street number has not been assigned (Attachment 1)• Representatives from the County and the Arcadia Fire Department will be present at tonighYs public hearing in order to address any questions regarding this matter. RECOMMENDATION It is staff's recommendation that the City Council move to direct the County Agricultural Commissioner to abate the nuisance by having the weeds, rubbish Page 1 of 2 2004-2005 Declaration List • ~'S^Y 44.~Tj' V A.'~i4r`N'+7~L.v'~*^ f~"'tz"` +c' `F" ~ V ,5't~BB1~~~,~l~f~fBSSe:...-~.~=e~~WOEfS,NORIC?y~, d.~~~tc~xy?~~~~!?.~%~-'','~~{ 1725 S. Baldwin John M Laraway & Tsu-Ling Santa Anita Cyn Rd. William Martin Santa Anita Cyn Rd. William Martin Highland Vista Dr. Highland Oaks Dr. Monterey Pines Dr. Torrey Pines Dr. Torrey Pines Dr. Whispering Pines Dc 380 Torrey Pines Dr. Torrey Pines Dr. Torrey Pines Dr. Torrey Pines Dr. 1 st Avenue 153 E Santa Clara St. Santa Clara St. 1045 W. Huntington Dr 310 S 1st Avenue S 1stAvenue 58 Genoa St. 3 E Duarte Rd. 201 E. Duarte Rd. R & H Trail R & H Traii • 8th Avenue LeRoy Avenue Norman Avenue Live Oaks Avenue Clark St. Clark St. Clark St. Clark St. Goldring Rd. Goldring Rd. Goldring Rd. Goldring Rd. Goldring Rd. Goldring Rd. S 1stAvenue E Duarte Rd. E Duarte Rd. E Duarte Rd. E Duarte Rd. Alice St. S 8th Avenue S 8th Avenue 4th Avenue Virginia Brown Trust Helen Vida Trust J Jaska & B Kilbourne Shan Ting & Huei H Zheng Bao H& Mel L Charles Bluth Trust Yaway Enterprises Charles Bluth Trust Charles Biuth Trust Charles Bluth Trust Jack Boone Josef & Inge Koeper Elsworth'Dahlgren Trust PBR Realty LLC Romolo De Paolis Romolo De Paolis Andy Kuo Raymond & Helen Myers ,Meilon Investment & Development LLC Polyco LLC Polyco LLC No Records Found George Kolovos Trust Louis E. Nassaney Kevin W. Chung Livingston Graham Inc. Livingston Graham Inc. Livingston Graham Inc. Livingston Graham Inc. Consolidated Rock Products Co. Paul Garrett Co. Trust Paul Garrett Co. Trust Samuel Kardashian Samuel Kardashian Wang Association Romolo De Paolis Mitzie Hartzlere Trust Mitzie Hartzlere Trust Mitzie Hartrlere Trust Mitzie Hartzlere Trust Arcadia Presbyterian Church Polyco LLC No Records Found WJ Homes LLC • ATTACHMENT Y Page 1 ;~ ~ ~ STAFF REPORT Off'ice of the City Clerk ~ DATE: February 1, 2005 TO: Honorable Mayor and Members of the City Council FROM: Vida Tolman, Chief Deputy City Clerk/Records Manager`~~I SUB)ECT: PROCLAMATION OF LOCAL EMERGENCY Recommendation: Renew the Director of Emergency Services issuance of a local emergency proclamation. ~UMMARY: Ordinance No. 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when said Ciry is affected or likely to be affected by a public calamity and the City Council is not in session. The Director of Emergency Services (Diredor) of the City of Arcadia found that conditions of extreme peril to the safety of persons and property arose within Arcadia caused by torrential rain, which began on January 8, 2005. The Director signed and issued a local emergency proclamation on January 13, 2005 (see attached). Pursuant to Ordinance No. 1432, Section 2213.2.1., whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the prociamation within seven (7) days thereafter or the proclamation shall have no further force or effect. In addition, the Ciry Council must act to renew the proclamation at each of their subsequent meetings until final termination of the emergency. At their January 18, 2005 meeting, the City Council acted to approve the local emergency proclamation vfa Resolution No. 6459, which reads as foilows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMATION OF THE DQSTENCE OF A LOCAL EMERGENCY WITHIN SAID CITY PERTAINING TO THE TORRENTIAL RAIN AND RELATED MATTERS COMMENCING ON JANUARY 8, 2005. RECOMMENDATION: It is staff's recommendation .that the City Council act to renew the local emergency proclamation by again approving Resolution No. 6459. '• APPROVED: -'^""-'~~1 William R. Kelly, City Manager Page 1 of 1 CITY OF ARCADIA PROCLAMATION ~ . WHEREAS, Orduiance No. 1432 of the City of Arcadia empowers the Duector of Emergency Services to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, and; WI~EREAS, the Director of Emergency Services of the City of Arcadia does hereby fmd; that conditions of extreme peril to the safety of persons and property have arisen within said City caused by torrential rain; which began on the 8`h day of January, 2005. and; That these conditions aze or are likely to be beyond the control of the services, personnel, equipment and faciliries of said City, and; That the City Council of the City of Arcadia is not in session and cannot immediately be calied into session; NOW, THEREFORE, IT IS HEREBY PROCLAIMS that a local emergency now exists throughout said City, and; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local . emergency the powers, funcrions and duties of the emergency organization of the ttus City shall be those prescribed by state law, by ordinances and resolutions of this City, and; that this emergency proclamation shall expire in 7 days after issuance unless confirmed and ratified by the goveming body of the City of Arcadia. January 13, 2005 By: l~ b~ William R. Kelly, City Manager/Director of Emergency Services • RESOLUTION NO. 6459 A RESOLUTION OF THE CITY COUNCIL OF TI~ CITY ~ OF ARCADIA, CALIFORNIA, RATIFYING THE PROCLAMATION OF TF~ EXISTENCE OF A LOCAL EMERGENCY WITHIN SAID CITY PERTAINING TO TI~ TORRENTIAL RAIN AND RELATED MATTERS COMMENCING 03~i JANUARY 8, 2005 . WHEREAS, Ordinance No: 1432 of the City of Arcadia empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to ratificarion by the. City Council witlvn seven (7) days; and WF~REAS, conditions of extreme peril to the safety of persons and property . have. arisen within this City,. caused tonential rain commencing on • January 8, 2005, at which time the City Council was not in session; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and WHEREAS; the D'uector of Emergency Services did proclaim the existence of a local emergency within said City on the 13~' day of January, 2005. NOW, THEREFORE, TI~ CITY COLTNCIL OF THE CITY OF ARCADIA, CALIFORNIA; DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 SECTION 1. That said local emergency proclamarion is hereby ratified and confirmed by the Arcadia City Council and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Arcadia, State of Califomia. SEC,TION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this i8th day of January ZOOS. , ~ Y ~. Kovac~c Mayor of the City of Arcadia ATTEST: ISI JAME~ H. ~~RRO~NS. City Clerk APPROVED AS TO FORM: ~~. ~. r~-etit.e.G~, City Attorney ~ ~~ LJ ~ 2 %~ STATE OF CALIFORNIA ) ~ COUNTY OF LOS ANGELES ) SS:_ CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6459 was passed and actopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 18th day of January, 2005 and tllat said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ,- ~• ABSENT: None - . ~~-H- ~~-RR~~~i i er c~of the City of Arcadia 3 • `*c~Rro8eSg9''0~s S TAFF REP ORT Development Services Deparhnent DATE: March 1, 2005 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Dir cto~ Philip A. Wray, City Engineer/Engineering Services Administrato~~ ~ SUBJECT: Gold Line Foothill Extension Technical Document Review Recommendation: City Council authorize the City Manager to approve an addendum to the professional services agreement with IBI Group in the amount of $15,000 SUMMARY On November 16, 2004 the City Council approved the appropriation of $30,000 in Proposition C funds for the review of various documents pertaining to the Gold Line • Foothill Extension: Staff proceeded with the consultant selection process to retain a qualified consultant to assist in the review. On December 7, 2004, the City entered into a Professional Services Agreement with IBI Group in the amount of $14,988 to provide initial technical review services. IBI Group reviewed the MTA Grade Crossing Policy and the Grade Crossing Analysis for Santa Anita Avenue and prepared a formal response to the Metro Gold Line Foothill Extension Construction Authority (Authority). The next steps are to work with the Authority to resolve the issues for both the Santa Anita Avenue and the First Avenue/Santa Clara Street Crossings, and determine the necessary improvements and mitigations. IBI has submitted a proposal to assist in this process. Staff recommends the approval of an addendum to the PSA with IBI Group in the amount of $15,000 for these services. BACKGROUND As part of the on-going environmental process for the Metro Gold Line Foothill Extension, the Authority prepared the following documents for the City's review. 1. Grade Crossing Detailed Analysis of Santa Anita Avenue and First Avenue/ Santa Clara Street Using the MTA Grade Crossing Policy for Light Rail Transit. 2. Grade Crossing Hazard Analysis of,Santa Anita Avenue and First Avenue/Santa • Clara Street. Staff Report Gold Line Foothill Extension Technical Document Review March 1, 2005 Page 2 On November 16, 2004 the City Council approved the appropriation of $30,000 in Proposition C funds for consultant services to assist staff in the review of these documents. Staff prepared a Request for Proposal and sent it to three engineering consultants qualified in rail projects. IBI Group, a well-qualified and respected engineering firm in the field of rail transit, was the only firm to submit a proposal. In order to meet the Authority's schedule for initial comments on the documents, the City proceeded to enter into a Professional Services Agreement with IBI Group in the amount of $14,988 to cover the initial review. ~ In December of 2004, the Technical Advisory Committee to the Gold Line Foothill Extension Joint Powers Authority formed a subcommittee to evaluate the MTA Grade Crossing Policy as it relates to grade crossings on the Foothill Extension. The City of Arcadia took the lead with the subcommittee and used IBI Group's technical review as the basis for the subcommittee's recommendations. IBI Group assisted the subcommittee in the formulation of the recommendations to assist the cities in their individual review of grade crossing documents. IBI Group completed their review and prepared a formal response to the Authority, as per their initial scope of work. Staff must now work with the Authority to resolve the issues raised in the response to both the Santa Anita Avenue and the First Avenue/Santa Clara Street Crossings. IBI Group has submitted a proposal with a cost of $15,000 for additional review services and staff has prepared an addendum to the original Professional Services Agreement. Because the total contract amount will be in excess of the City Manager's $15,000 administrative authority, the City Council must approve the addendum. Staff recommends the approval of an addendum to the PSA with IBI Group in the amount of $15,000 to increase the total PSA to $29,988. FISCAL IMPACT Funds have been appropriated for these services in the amount of $30,000. The addendum request is for $15,000, which will bring the total Professional Services Agreement with IBI Group to $29,988. RECOMMENDATION That the City Council City Council authorize the City Manager to approve an addendum to the Professional Services Agreement with IBI Group in the amount of $15,000. Approved by: ~'~=-~'=1 William R. Kelly, City Manager • • ~ DP:PAW:pa ~ ~ ~ STAFF REPORT Development Services Department DATE: March 1, 2005 n LJ C~ TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Directq~ Philip A. Wray, City EngineeNEngineering Services Administrator'a,~~J SUBJECT: City Siqnaqe and Banner Proqram. Phase I Recommendation: Accept all work performed by TDS Engineering Inc. as complete and authorize final payment to be made in accordance with contract documents subject to a 5% retention of $8,620.40 SUMMARY On August 17, 2004, the City Council awarded a contract to TDS Engineering, Inc. in the amount of $175,037.00 for Phase I of the City Signage and Banner Program. This is a multi-year project designed to upgrade the City's entrance image, to beautify the community, and to provide directional assistance. There was one change order decreasing the contract price by $2,629 to adjust final quantities. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction fo~ as final cost of $172,408. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND The City Signage and Banner Program, Phase I, project entailed the purchase and installation of 18 entry signs and 38 directional signs throughout the City. The directional signs provide direction to City facilities including the Civic Center, the Police Station, the Community Center, the Historical Museum, the Library and Public Works. The project was divided into two elements: 1. The purchase of the signs. 2. The purchase of the poles and installation of both poles and signs. Staff Report Acceptance - City Signage and Banner Program Phase I March 1, 2005 Page 2 The project to purchase the poles and install the signs and poles was advertised in early July and two (2) bids were received on July 27, 2004. The low bid was from TDS Engineering Inc. in the amount of $175,037. The City Council awarded the contract to TDS Engineering, Inc. on August 17, 2004. The signs and poles were delivered in December 2004 and the installation was completed in January 2005. Three signs and poles were deleted from the installation list for various reasons at a savings to the City of $2,629. The terms and conditions of the project have been complied with and the work has been performed to staff's satisfaction for a final cost of $172,408. FISCAL IMPACT Funds in the amount of $222,460 were available for this project. The original contract with TDS Engineering, Inc. was $175,037. There was one change order to adjust the final quantities amounting to a decrease of $2,629 for a tofal contract of $172,408. The signs were previously purchased in the amount of $33,045.48 bringing the total Phase I project cost to $205,453.48. RECOMMENDATION That the City Council accepts all work performed by TDS Engineering, Inc. as complete and authorizes final payment to be made in accordance with contract documents subject to a 5% retention of $8,620.40. Approved By: ~" "F""'7 WILLIAM R. KELLY, CITY MANAGER • n LJ DP:PAW:pa In[~Aen~N Au~u~l4.1~01 ~ ~ DATE: March 1, 2005 STAFF REPORT Administrative Services Department TO: Mayor and City Council FROM: Tracey Hause, Administrative Services Director~~/l~b~ ~ SUBJECT: Revised Personnel Rules and Regulations Recommendation: Approve SUMMARY It is recommended that the City Council approve the revised Personnel Rules and Regulations for the City of Arcadia. BACKGROUND In April 2001 and May 2002, the Human Resources Commission and City Council approved amendments to the grievance and disciplinary appeal sections of the City of Arcadia Personnel Rules and Regulations. Since then, the Executive Management Team has continued to review these rules and regulations. Subsequent to the above- mentioned amendments, there have also been changes to laws, as well as changes to the organizational structure of the Administrative Services Department that have necessitated the recommended changes. Revisions are being proposed to reflect those changes, ensure compliance with recent personnel laws, and reflect current operational changes and needs. During the last year, City staff has met and conferred with the represented employee bargaining units to develop the revisions. All appropriate bargaining units have agreed to the proposed changes. The Human Resources Commission reviewed the proposed changes and took formal action at their regularly scheduled meeting of February 10, 2005 and voted 5-0 to recommend approval to the City Council. Copies of the current and revised rules are available for public review in the Administrative Services Department. FISCAL IMPACT There is no financial impact as a result of this action. RECOMMENDATION It is recommended the City Council: Approve the revised Personnel Rules and Regulations. Approved: """' '~= =~ William R. Kelly, City Manager CITY OF ARCADIA PERSONNEL RULES & REGULATIONS Attached are copies of the current and proposed Personnel Rules and Regulations. A strikeout copy highlighting the specific changes is presented for your review. A final version of the document with the changes incorporated is also included for your approval. CITY OF ARCADIA PERSONNEL RULES & REGULATIONS. G ~tj~~ 9 ity of AS ADOPTED AND AMENDED BY THE CITY COUNCIL March 1, 2005 TABLE OFCONTENTS RULE PAGE I. GENERAL ORIENTATION 1 II. CLASSIFICATION 7 III. RECRUITMENT, SELECTION AND APPOINTMENT 10 IV. ELIGIBLE LISTS 16 V. METHODS OF FILLING VACANCIES 18 VI. PROBATIONARY PERIOD 21 VII. TRANSFERS 23 VIII. DISCIPLINARY ACTIONS, VOLUNTARY DEMOTIONS AND LAYOFFS 24 IX. DRUG AND ALCOHOL POLICY 30 X. REPORTS FROM DEPARTMENTS 36 XI. MAINTENANCE OF RECORDS 37 XII. HUMAN RESOURCES COMMISSION 38 XIII. EMPLOYEE GRIEVANCES 39 XIV. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION 48 INDEX 56 RULE I - GENERAL ORIENTATION SECTION A: INTENT. The objectives of these rules are to facilitate efficient and economical services to the public and to provide for a fair and just system of personnel management in the municipal government. These rules set forth the obiigations, rights, privileges, and prohibitions which are placed on all employees in the Classified Service . of the City of Arcadia and those procedures which insure like treatment for those who present themselves for original employment or promotion. At the same time, within the limits of administrative feasibility, recognition shali be given to the fact that individuals differ, that no two individuals react alike to reward and punishment and to uniform motivation and encouragement. SECTION B. DISCRIMINATION. In personnel actions, the City shall comply with all laws prohibiting discrimination based on race, religious belief, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, pregnancy, sexual orientation, age or political opinion. SECTION C. TENURE OF OFFICE. The tenure of every employee in the Classified Services shall be based upon continued satisfactory service, proper personal conduct, continuing mental and physical fitness for the employee's position as determined by the appointing power, based on competent medical authority, existence of the need for the work performed, and the availability of funds. SECTION D. AMENDMENT AND REVISION OF RULES. Recommendations for amending or revising these rules shall be submitted to the City Manager for review and recommendation to the Human Resources Commission, prior to the review by the Commission and presentation to the Council. A statement of intention to amend the Rules contained in the minutes of any meeting shall be deemed sufficient notice. Ali rules and amendments thereto shail become effective on the date specified by the City Council in its approval thereof. Copies of rules and all effective amendments shall be on file in the Human Resources office. SECTION E. MERIT SYSTEM. All appointments and promotions of City o~cers and employees shall be made solely on the basis of inerit and fitness demonstrated by examination or other evidence of competence. SECTION F. OUTSIDE EMPLOYMENT. A City employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his or her duties, functions, or responsibilities as a City employee. 1 1. AUTHORIZATION a. Any officer or employee wishing to engage in any occupation or outside activity for compensation shall inform the department head of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required. The empioyee shall use the Outside Employment Authorization Form to request authorization. This form shall be filed with the department head three days prior. to beginning such outside employment: The department head shall determine whether or not such activity is compatible with the employee's City employment. The completed Outside Employment Authorization Form shall be filed with the Human Resources Office of the Administrative Services Department. b. If the department head determines such activity is compatible, the department head may authorize the employee to maintain outside employment by approving the Outside Employment Authorization Form and submitting the original form to Human Resources and a copy to the employee. c. If the department head determines such activity is incompatible, the employee may file an appeal to the Administrative Services Director. d. The Police DepartmenYs regulation on outside employment would be consistent with Department Policies and Procedures, Penal Code Section 70, Government Code Section 1126 and other applicable state laws. 2. DETERMINATION OF INCONSISTENT ACTIVITIES In making a determination as to the consistency or inconsistency of outside activities; the department head shall consider among other pertinent factors whether the activity: a. Involves the use for private gain or advantage of City time, facilities, equipment, supplies, badge, uniform, prestige, or influence of one's City office or employment; or b. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course of hours of the employee's City employment or as part of the employee's duties as a City employee; or 2 , ; ~~~. c ~ r ~:ty. c. Involves the performance of any act in other than the employee's capaciry as a City officer or employee~which act may later be subject directly or indirectly to the control, inspection review, audit, or enforcement by such officer or employee or the department by which the employee is employed; or d. Involves conditions or factors which wouid probably directly or indirectly lessen the efficiency of the employee's regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee. 3. REVOCATION Permission for outside employment may be for any length of time deemed appropriate by the department head and included in the written authorization (see above). All authorizations are subject to revocation by the department head, City Manager, or City Council. 4. USE OF CITY EQUIPMENT PROHIBITED a. No City-owned equipment, vehicles, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any officer or employee when the officer or employee is engaged in any outside employment or activity, for compensation or otherwise, except upon prior written approval of the City Manager. No officer or employee shail allow any unauthorized person to rent, borrow, or use any of the items mentioned in Section 4(a) above, except upon prior written approval of the City Manager. SECTION G. DEPARTMENTAL RULES. Employees shall abide by departmental rules. SECTION H. DEFINITIONS AND MISCELLANEOUS RULES. ALLOCATION. The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibility exercised. 2. APPOINTING POWER. Each department head shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for by the Classification Plan for the department head's department, and subject to the provisions of the Charter, Ordinances, Resolutions, and the rules and regulations promulgated thereunder. 3 3. APPOINTMENT. The offer to and acceptance by a,person of a position in the Classified Service. 4. CANDIDATE. An applicant who has been accepted to participate in the examination process. 5. CLASS. A group of positions sufficiently similar in duties and responsibilities so that: a. The same descriptive title properly may be used to designate each position allocated to the class. b. The same basic minimum qualifications may be required of all incumbents. c. The same selection devices may be used to screen qualified employees. d. The same salary rate or range can apply with equity under substantially the same working,conditions. 6. CLASS SPECIFICATION. A written description of a class which distinguishes it from every other class in the classification plan and provides a guide for the allocation of all specified positions in the Classified Service to classes. 7. CLASSIFIED SERVICE. Positions in the City employ not included in the City Charter in the Unclassified Service or designated by the City Councii to be in the Unclassified Service. 8. COMMISSION. The Human Resources Commission established in accordance with the City Charter of the City of Arcadia. 9. DEMOTION. The movement of an employee from one class to another class which has a lower maximum salary rate. 10. ELIGIBLE. A person whose name is on an eligible list, a promotional list or a reemployment list. 11. ELIGIBLE LIST. A list of names of persons who have passed in an examination for a particular class and who are ranked in order of their final scores. 12. EMPLOYMENT DATE. Employment date for each employee shall be the date on which such employee was first appointed to a full time position in the City employ.. 4 . . ~.. .. ^lz..3 13. FLEXIBLE STAFFING. A series of classifications in the Classification plan to facilitate advancements in job title, responsibilities and compensation for employees with department head approval and without a recruitment or examination, once all flexible staffing procedural requirements have.been met. 14. OPEN COMPETITIVE EXAMINATION. An examination in which any person who meets the qualification requirements and who submits a proper application is eligible to compete. 15. PERMANENT APPOINTMENT. An appointment to a permanent position given to those employees who have completed their probationary period. 16. POSITION. Any o~ce title or employment which has been assigned a salary or otherwise funded. 17. PROBATIONARY APPOINTMENT. An appointment for a length of time set aside as a work test period prior to obtaining permanent employment. 98. PROVISIONAL APPOINTMENT. An appointment of a person possessing the minimum qualifications established for a particular class in the absence of available eligibles, 19. PROBATIONARY EMPLOYEE. Any employee who has been appointed from an eligible list or who has been reinstated to a fo~mer position but who has not yet compieted his work test period. 20. PROMOTION. An advancement of an employee from one class to another class which has a higher maximum rate of pay. 21. PROMOTIONAL LIST. A list of names of permanent employees who have qualified through the promotional examination for consideration and appointment to a higher class and who are ranked in order of their final score. 22. REEMPLOYMENT LIST. A list of employees who have been legally laid off because of discontinuance of position, lack of work or lack of funds. 23. ' REINSTATEMNT. The reappointment of an employee within twenty-four months after he or she has resigned in good standing to a position in the same classification. Reinstated employees are required to complete a probationary period. 24. RECLASSIFICATION. A change in job title and job description, accompanied by a salary range increase, or no change in salary. 5 25. REJECTION. The demotion or termination of an employee during his probationary period. 26. SALARY REDUCTION. A decrease in salary from current step to a lower step within the same salary range for disciplinary or other reasons. 27. TEMPORARY APPOINTMEN7. An appointment for 180 working days or less. 28. TRANSFER. The movement of an employee from one position in a class to another in the same or similar class in the same or in a different department, 29. TYPES OF APPOINTMENT. The following are types of appointment: temporary, probationary, permanent and provisional. 30. TERMINATION. Separation of an employee from the services of the City. 6 RULE II - CLASSIFICATION SECTION A. PREPARATION OF CLASSIFICATION PLAN. The Administrative Services Director or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the Classified Service and, after consulting with appointing authorities and department heads affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of position in the Classified Service defined by class specifications, including the title. SECTION B. NATURE OF CLASS SPECIFICATION. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity to all positions in the same class. SECTION C. ADOPTION OF THE PLAN. A proposed classification plan, after consultation with the City Manager, other appointing powers, and employees in each class, shall be presented by the Administrative Services Director or designee to the Human Resources Commission for consideration and study prior to its presentation to the Council for adoption. SECTION D. REVISION OF THE PLAN. Revisions of the classification plan may be made by the Council upon recommendation of the City Manager. Whenever it is proposed that a position be changed from one class to another, such change shall not be made without first notifying the incumbent of the proposed change in writing and giving the incumbent a minimum of ten days to be heard, should the incumbent desire, prior to the change being enacted. 2. Revisions of the Ciassification Plan involving changes in class specifications may be made by the Council upon recommendation of the Human Resources Commission. SECTION E. RECLASSIFICATION. A reclassification is a change in classification title and/orjob specification, and may include a salary increase, or no salary change. BASIS FOR RECLASSIFCATION An employee who spends a significant amount of time performing duties of a higher level or lower level, which are not generally included in the employee's job specification, may be reclassified. 7 The basis for reclassification of a position is a gradual increase or decrease of duties assigned by a supervisor or manager, which necessitates a change in classification. The gradual increase of duties must be dooumented over a period of at least two years. A sudden change as a result of a reorganization of the assignment of new duties or responsibilities is not a basis for a reclassificafion. An employee who has been reclassified shall be ineligible for subsequent reclassifications for a pe~iod of at least two years. 2. PROCESS FOR RECLASSIFICATION If the department head thinks that a classification change is necessary, the department head must request a job audit. The process shall be a part of the City's annual budget process. Reclassification requests will be submitted to the Administrative Services DepartmenUHuman Resources Division in January of each year with an anticipated implementation date that coincides with the fiscal year. The Administrative Services DepartmenUHuman Resources Division or a contracted consultant will complete the audit which shall include, but will not be limited to, interviews with the employee, supervisor and department head. The audit shall result in a recommendation, which will include, no change, a reclassification to an existing classification, or a reclassification to a new classification. A reclassification to an exjsting classification shall require City Manager approval. If a new classification is recommended, the action must receive City Manager, Human Resources Commission and City Council approval. 3. COMPENSATION ANALYSIS The Administrative Services DepartmenUHuman Resources Division shall establish an appropriate salary range based upon comparable positions within the present series of classifications by percentage differential. If no comparable series of classification exists, then an interdepartmental analysis shall be completed. The proposed salary range shall be approved in writing by the City Manager and City Council. Any employee receiving a reclassification shall be moved to the salary range and step of the new class that represents the first highest dollar amount above the salary being earned prior to the reclassification. In no case shall the movement be less than 5% of the base salary the empioyee is currently earning. If the employee is eligible for a step increment within ninety (90) days of the date of the reclassification, the step that is anticipated shall be used as the basis for calculating placement at the next highest dollar amount in the salary range of the promotional class. 8 ... . >J;`. . d. The length of time elapsed since the conviction; e. The age of the person at the time of conviction; f. The presence . or absence or rehabilitation or efforts at rehabilitation; and g. Contributing social or environmental conditions. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony. All applications received for a recruitment shall remain on file during the life of the eligible list created for the recruitment. Applications shall not be returned to the applicant for any reason. 4. NEPOTISM a. No person shall be appointed or promoted to a position in any department or division in which such person's relative already holds a position when .such employment would result in any of the following: A supervisor-subordinate relationship; ii. The employees having job duties which require performance of shared duties on the same or related work assignment(s); iii. Both employees having the same immediate supervisor; iv. Where there is a potential conflict of interest created by reason of safety, securiry or morale. b. For purposes of this section, "relative" means spouse, child, step- child,~ parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, brother-in- law, sister-in-law or any other individual related by blood or marriage. c. If an employee marries another person employed by the City within the same department, both employees shall be allowed to retain their respective positions provided that a supervisorial relationship does not exist at the time of marriage between these two positions. During the period of employment, no supervisory position shall exist 11 between the two employees. For the purpose of this section, a supervisorial relationship shall be defined as one in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to his or her position. d. The City also retains the right to refuse to place both spouses in the same department, division or facility where such as the potential for creating adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest. e. Where the above circumstances exist and mandate that two spouses shall not work together, the Administrative Services Director or designee will attempt to transfer one spouse to a similar position in another dep'artment. Although the wishes of the involved parties as to which spouse is to be transferred will be given consideration, the controlling factor in determining which spouse is to be transferred shall be the effective operation and efficiency of the City. If any transfer results in a reducfion in salary or compensation, the same shall not be considered disciplinary in nature and shall not be the subject of any form of appeal, unless otherwise provided by law. If a transfer cannot be accommodated, the City Manager has the authority to explore other alternatives to resolve the matter. SECTION B. EXAMINATIONS. Examinations for positions in the Classified Service shall be related to those matters which fairly test the relative capaciry of the applicants to discharge the duties of the positions to which they seek to be appointed. Examinations may consist of written, oral, or performance tests or any combination thereof. Physical tests, medical and psychiatric tests, and investigations and evaluations of training, experience, services, character, and personal traits may be made part of any examination, in order to determine job related qualification. In any examination, the Administrative Services Director or designee may include a qualifying test and may set a minimum qualifying standard. 1. TYPES OF EXAMINATION The basic types of examination shall be open and promotional examinations. Entrance examinations are open to any person who meets the minimum qualifications and other requirements published in the examination announcements. Promotional examinations are open only to employees who have completed at least one probationary period in the Classified Service and who meet the qualifications and requirements published in the examination announcement, provided that competition in 12 .. .. '',:~`~i. open and promotional examinations for the sworn positions in the Fire and Police Departments may be limited to designated ranks in each respective department If, in the opinion of the City Manager, insufficient competition exists for filling a promotional examination, an open competitive examination may be held for any position. In order to attract highly qualified candidates, and to timely fill vacant City positions, the closing date for the selection of sworn and pre-sworn Police and Fire positions may be indefinite and applicants may be tested continuously in such manner and at such times and places as determined by the Administrative Services Director or designee. Applicants who fail to achieve a passing score, in such an open continuous examination may not compete again until the lapse of one hundred and twenty (120) calendar days between the first and second testing, and (180) calendar days between the second and third such testing, unless stipulated to the contrary on the job announcement. The Administrative Services Director or designee, may exclude unsuccessful applicants from further testing. Those applicants who fail a background investigation may reapply after twenty-four (24) months. 2. EXAMINATION SCORES Failure to obtain 70% in any part of an open examination shall disqualify the applicant from further competition. Failure.to obtain an average score of 70% in a promotional examination, unless otherwise stated in the examination announcement, shall disqualify the candidate. 3. CONDUCT OF EXAMINATIONS All examinations shail be conducted and controlled by the Administrative Service Director, his authorized representative, or by a contractual agency, under the direction of the City Manager. 4. NOTIFICATIONS OF THE EXAMINATION RESULTS Each applicant in an examination shall be given written notice by the Administrative Services Director or designee of the results thereof, and, if successful, of the applicanYs final earned score and the applicanYs relative position on the eligible list. 5. WRITTEN TEST REVIEW 13 A keyed copy of the written test shall be made available for review by each candidate for five working days after the date on which the examination is given. During this five-day period, each candidate is entitled to protest in writing against any keyed answer, provided the nature of the'candidate's protest is clearly expressed in writing and the reasons for the objection to the keyed answer are clearly set forth. Whenever feasible, the candidate will be required to cite authority for the protest. The Administrative Services Director or designee shall, to the best of the ability of the Administrative Services Director or designee, make a fair determination as to the worth of each protest and shall make corrections, including the elimination of questions, as the Administrative Services Director or designee is convinced are proper, and then shall score the written test papers. 6. REVIEW OF EXAMINATION PAPERS Examination papers of a candidate shall be open to inspection only by that particular candidate, for a period of ten working days after the date of the examination. The candidate shall not be allowed to review the candidate's paper more than twice during this period. The candidate, while reviewing the paper, shall not be given the privilege of making copies or notes of any portion ofi the examination or keyed answers. Examination papers of applicants are not subject to inspection by the public, with the exception as hereinbefore provided, and such papers together with the referenced and oral rating sheets shall be confidential and shall not be open to inspection either by the applicant or by the public. All examination papers shall be kept on file during the life of an eligible list. SECTION C. MEDICAL EXAMINATION. Once a conditional employment offer is made, an applicant will be required to pass a medical examination to determine whether the applicant can perform the essential functions of the job with or without a reasonable accommodation. Applicants will only be required to pass a medical examination if all other applicants in the same job category are required to take the examination. If the applicant does not pass the medical examination, the offer will be rescinded and the applicant wili be removed from consideration. When there is a need to determine whether an employee is still able to perform the essentiai job functions, with good cause an employee may be required to take a medicai examination, paid for by the City. A fitness for duty exam may also occur in such situations as are required by law (e.g., mandated drug testing under U.S. Department of Transportation regulations for those who operate commercial vehicles). 14 ' f ~ :.,k,S.'t:k~..,~. SECTION D. BACKGROUND INVESTIGATIONS. Applicants for employment may be subject to appropriate investigation including but not limited to: 1. Employment history investigation; 2. Criminal history; 3. Post offer physical and/or psychological tests, including a drug and alcohol. screen; and 4. Personal or character investigation. SECTION E. VERIFICATION OF LAWFUL WORK STATUS.. Prior to starting work, employees must provide the City with their legal status to work in the United States as required by federal law. 15 RULE IV - ELIGIBLE LISTS SECTION A. ESTABLISHMENT OF ELIGIBLE LISTS. Five working days after the conclusion of an examination, or as extended in writing by the City Manager, the Administrative Services Director or designee shall prepare and keep available an eligible list consisting of the names of persons successfully passing the examination, arranged in order of final scores from the highest to the lowest qualified score. Whenever identical ratings are earned, they shall be given the same number on the eligible list. SECTION B. . LIFE OF LISTS. Eligible lists shall become effective upon the announcement thereof by the Administrative Services Director or designee, giving the relative ratings of the names appearing thereon. Eligitile lists shall ~emain in effect for one year unless the list is extended or abolished. Cancellation or any change made in an eligible list shall not invalidate an appointment previously made from such list. Eligible lists may be extended 6y the Human Resources Commission for a period not to exceed one year. Eligible lists may be abolished by the Human Resources Commission when there are less than three available names remaining. Reemployment lists shall remain effective for two years from the date of the latest separation from service. For open-continuous recruitments, new names shall be added to an eligibility list upon obtaining additional qualified candidates pursuant to the selection process. Each candidate's eligibility shall continue for a period not to exceed twelve months, or until such time that a list is abolished, whichever is shorter. SECTION C. REMOVAL OF NAMES FROM ELIGIBLE LISTS. The name of any person appearing on an eligible list shall be removed by the Administrative Services Director or designee if the eligible requests in writing that the eligible's name be removed or if the eligible fails to respond within a designated time to a request that the eligible appear for an employment interview. The person affected shall be notified of the removal of the person's name by notice mailed to the person's last known address. A name may be removed by the Human Resources Commission for cause. The name of a person on a promotional list who resigns from the City service shali be removed from such list. The name of a person who after appointment from a promotional list is rejected during the probationary period shall be restored by the City Manager to any eligible list but shall not be certified to the same department head. 16 ,- ;~.ti r:,, ~ The name of any person who declines an appointment to a probationary position without submitting a written waiver shall be removed from the eligible list. SECTION D. WAIVERS OF CERTIFICATION. Any. person whose name appears on a promotional or eligible list may request in writing that the person's name be placed on an inactive list so that during the requested period no certifications of the person's name will be made. Said person may at any time during the life of the promotional or eligible list request the person's name be taken off the inactive list and again be placed on the active promotional or eligible list. In the event that the name is again placed on an active list, it will be placed in the same relative position as though the name had never been removed. 17 RULE V- METHODS OF FILLING VACANCIES SECTION A. GENERAL PROVISIONS. All probationary appointments to vacancies in the Classified Service shall be filled by appointment of eligibles from eligible lists or by transfer, demotion, or reinstatement. When eligible lists are used to fill vacancies, they shall be used in the following order: 1. By appointment of eligibles from reemployment lists, regardless of the number of names appearing thereon. Such lists must be exhausted prior to using promotional and eligible lists. 2. By appointment of eligibles from promotional lists. 3. By appointment of eligibles from eligible lists. 4. In the absence of an open eligible list for a classification, the appointing authority may make an appointment from a current open eligible list for a higher class in the same class series or a comparable class. Acceptance or rejection of tlie lower position does not remove the person from the eligible list. SECTION B. REQUISITIONS. Whenever a vacancy in the Classified Service is to be filled, the appropriate department head shall notify the Administrative Services Director or designee. The Administrative Services Director or designee shall advise the department head as to the availability of eligibles on.eligible lists, or of employees by transfer or demotion. SECTION C. CERTIFICATION OF ELIGIBLES. Upon request, the Administrative Services Director or designee shall certify to the appointing power from the appropriate eligible list or lists the names and addresses of five persons who stand highest on the eligible list or lists for one vacancy, and an additional name for each additional vacancy if more than one position is to be filled at one time. Persons having identical ratings shall be certified together. The department head must select one of the five persons certified by the Administrative Services Director or designee. If, at some point in the process, there are fewer than three persons on the eligible list, the Administrative Services Director or designee can still certify the remaining name(s) on the list but the department head retains the right to decide whether to either select any of the remaining eligibles or request the eligible list be abolished. SECTION D. APPOINTMENT PROCEDURE. Eligibles selected by the department head may be given a conditional offer of employment dependent on successful passage of a medical examination and/or background investigation (See Rule III, Sections C-D). If a medical examination and/or background investigation has been required and the 18 44:~ r .1: results of such examination/investigation are satisfactory, or if neither a medical examination nor a background investigation has been required, the person to be appointed shall be notified. If the appointment is accepted, the person to be appointed must, prior to starting work, provide the City with proof of the person's legal status to work in the United States. The person must also be present for duty within such period as the department head shall presc~ibe. The appointee shall be fingerprinted by the Police Department, administered the oath of allegiance by the City Clerk and deemed to be appointed. Otherwise, the person shall be deemed to have declined the appointment. All appointments, whether temporary, provisional, probationary, or permanent, shall be reported to the Administrative Services Director or designee by forms prescribed by the Administrative. Services Director or designee. SECTION E. PROVISIONAL APPOINTMENT. Whenever a vacancy exists in the classified service, a provisional appointment may be made from the candidates eligible to take the examination. SECTION F. REINSTATEMENT. Reiristatement of a former permanent employee of the City of Arcadia who separated from City employment in good standing may be made to a vacant position at the discretion of the department head or appointing authority provided the position in the same classification or a previous classification which was held by the employee on a permanent basis and provided the employee's reinstatement appointment date is within 2 years following the employee's date of separation from the City. The reinstated employee shall be treated as a new employee for the purposes of seniority, accrual of sick leave and vacation, and any other benefits based on length of service. A reinstated employee shall serve a new probationary period. SECTION G. ACTING ASSIGNMENTS. The department head or appointing authority may appoint a person to an acting assignment when the incumbent is on leave or is otherwise absent from duty for an extended period of time. The person selected to the acting assignment must meet the minimum training and experience qualifications for the position unless exempted in writing by the City Manager. A person serving in an acting assignment may be removed from the assignment at any time without the right of appeal or hearing. SECTION H. FLEXIBLE STAFFING. The use of flexible staffing series of classifications is intended to make the process of responding to needs in department operations more efficient and timely. Flexible sta~ng classifications allow department heads to advance employees from the entry-level classification in a flexible staffing series to a higher-classification without conducting a recruitment process, when the department head has determined that all of the following appiy: 1. There is a need in the department operations that warrants the filling of the higher-level flexible steffing classification. 19 2. There are sufficient funds in the department budget to fund the additional costs related to filling of the higher-level flexible staffing ciassification. 3. The employee in the entry-level classification in the flexible staffing series meets all of the requirements for the higher-level classification. 4. The employee in the entry level classification in the flexible staffing series has received sufficient training to prepare the employee to be assigned the duties and responsibilities of the higher-level classification. The employee in the entry-level classification in the flexible sta~ng series has successfully completed a probationary period and has received successful performance reviews. The City's flexible staffing series job classifications are listed in the Classification Plan. In order to advance an employee in a flexible staffing series, the department head must submit to the Human Resources Office of the Administrative Services Department a Personnel Action Form and a memo stating that all of the flexible staffing requirements have been determined. The employee is not requiFed to serve another probationary period in the higher-level classification. 20 RULE VI - PROBATIONARY PERIOD SECTION A. PURPOSE The probationary period is a part of the examination process. It is a work-test period during which the employee's perFormance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. Except as otherwise required by law, during the probationary period, a probationer may be rejected at any time by the appointing power without cause and without the right of appeal. Notification of rejection by the department head shall be served on the probationer. When provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. SECTION B. LENGTH OF PROBATIONARY PERIOD. 1. Except as provided by law, for the classifications of Dispatcher I/II, Police Lieutenant, Police Sergeant, Police Agent, Police Officer, Community Services Officer and Police Records Technician I/II, the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position shall be on probation for eighteen (18) months before attaining permanent status. Eligible candidates appointed from a promotional list shall be on probation for twelve (12) months before attaining permanent status. 2. For the classifications of Fire Captain, Fire Engineer, Firefighter Paramedic and Firefighter, the probationary period for all eligible candidates appointed from an open competitive examination or from a promotional list shall be on probation for twelve (12) months before attaining permanent status. 3. For all other classifications in the competitive service, the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position shall be on probation for twelve (12) months before attaining permanent status. Eligible candidates appointed from an open competitive examination and who are currentiy employed in a permanent position in the City, shall be on probation for six (6) months. Eligible candidates appointed from a promotional list shall be on probation for six (6) months before attaining permanent status. 21 SECTION C. REPORTS OF PROBATIONERS. It shall be the duty of each department head during the probationary period of each new employee in the department head's department to investigate thoroughly the performance and general acceptability to determine whether or not the employee is fully qualified for permanent appointment. In the Police Department, the department head shall make a report on the employee's performance and conduct at the completion of one-third of the probationary period, again upon completion of two-thirds and at least ten days before the end of the probationary period. In all other departments, the department head shall make a report on the employee's performance and conduct at the completion of six months and at least ten days before the end of the probationary period. Such reports shall be made upon a form, prescribed antl submitted to the Administrative Services Director or designee. SECTION D. REJECTION FOLLOWING A PROMOTION. A probationary employee who is holding a promotional position shall have the right to demotion to the classification in which he or she holds a permanent appointment. Time spent in a promotional position shall be included in determining length of service in a lower class. 22 RULE VII - TRANSFERS SECTION A. WHEN AUTHORIZED. Upon request of the department head, the transfer of an employee to a position in the same class may be authorized by the City Manager and the position thus filled irrespective of the existence of any eligible list. _ 23 RULE VIII - DISCIPLINARY ACTIONS. VOLUNTARY DEMOTIONS 8~ LAYOFFS SECTION A. TYPES OF DISCIPLINARY ACTION. Except as specifically set forth herein, this rule does not apply to employees in the unclassified service. Such employees may be removed from employment for any reason deemed suitable by the City without cause and without a right to a hearing, appeal, or grievance. The City Manager and department heads may take any of the following disciplinary actions regarding any employee in the Classified Service: 1. Oral Reprimand: is an oral warning of unsatisfactory work performance or behavior and includes a notification to the employee of the area(s) where improvement is needed. 2. Written Reprimand: is a written warning of unsatisfactory work performance or behavior and inciudes notification to the employee of the problem, what the employee is directed to do to correct the problem, and notice that further disciplinary action will be taken uniess the employee's behavior or performance improves. A manager may issue a written reprimand. A copy of the reprimand will be provided to the employee and a copy will be included in the employee's official personnel file. An employee shall have the opportunity to present a written response to the reprimand and have the written response placed in the employee's official personnel file. Any written response must be submitted to the Human Resources Division of the Administrative Services Department within ten (10) work days of receipt of the written reprimand to be included in the employee's official personnel file. Employees subject to the Public Safety Officers Procedural Bill of Rights shall have thirty (30) calendar days to submit any written response for inclusion in their official personnel file. 3. Suspension: is the temporary removal of an employee from service without pay. Managers may recommend suspension to the department head. 4. Reduction in Pay: is a reduction in pay within the salary range for disciplinary purposes by an appointing power. Managers may recommend reductions in pay to the department head. 5. Demotion: is a reduction from one class to another class for which a lower maximum rate of compensation is established by a department head. Managers may recommend demotions. 6. Dismissal: is the termination from employment by a department head. A manager may recommend discharge. 24 a ` ~,\F`,' ^ I ' ~ . ... i 7. Discipline of Employees Exempt from the Fair Labor Standards Act: to the extent required by law, except for a violation of a major safety rule, exempt employees may not be subject to suspensions or reductions in pay other than in full day increments. SECTION B. PROCEDURES FOR ' suspensions, reductions in pay, demotic employees in the Classified Service shall procedures: AKING DISCIPLINARY ACTION. For is and dismissals, disciplinary action of be taken in compliance with the following 1. Notice of Intent. Whenever the department head intends to suspend, reduce in pay, demote or dismiss an employee, the department head shall give the employee a written notice of discipline which sets forth the following: a. The disciplinary action intended; b. The specific charges upon which the charges are based; c. A copy of all written materials, reports, or documents upon which the discipline is based, provided however, that if the materials are voluminous, the materials will be identified in the notice and made available for the employee's inspection upon the employee's request; d. Notice of the employee's right to respond (within a period ofno less than five (5) working days) to the charges either orally or in writing to the appropriate authority; e. Notice that failure to respond at the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. 2. Final Notice. After the notice and the employee's timely response, if any, the department head shall implement, modify, or not implement such action as the department head deems appropriate, and shall so notify the employee. The final notice of disciplinary action will include the following: a. The disciplinary action taken; b. The effective date of the disciplinary action taken; c. Specific charges upon which the action is based; d. A summary of the facts upon which the charges are based; 25 e. The written matenals, reports, and documents upon which the disciplinary action is based; f. The employee's right to appeal by submitting a written appeal within thirty (30) calendar days to the City Clerk for delivery to the Human Resources Commission. 3. Implementation of Discipline Prior to Completion of the Notice Procedures. In extraordinary circumstances requiring immediate removal (e,g. imminent threat to health or safety of the employee, other employees, or the public) and in the case of suspensions without pay of five work days or less (three 24-hour shifts for those on a 56 hour work week), a suspension, reduction in pay, demotion or dismissal may be implemented prior to fully affording the employee the foregoing notice and opportunity to respond procedure. SECTION C. HEARING PROCEDURE. Hearings will be held in accordance with the City Charter and the procedures set forth in these Rules and Regulations. SECTION D. VOLUNTARY DEMOTION. Any employee may request a voluntary demotion at any time. Every such request must be reported to and approved by the City Manager. SECTION E. LAYOFFS. Whenever in the judgment of the City Manager or department head it becomes necessary, due to reorganization, lack of work or funds, to abolish any position, the' employee holding such position may be laid off or demoted without disciplinary action and without the right of appeal. Employees to be laid off shall be given, whenever possible, at least fourteen calendar days prior notice. The order of layoff shall be temporary, provisional, probationary, and then regular employees. Within each of these categories, employees will be laid off on the basis of the City Manager's or department head's assessment of performance, skills, training, experience and seniority. The names of probationary and regular employees who have received a satisfactory or better evaluation on their most recent evaluation shall be placed upon reemployment lists for two years in the reverse order of the layoff. An employee designated to be laid off may bump into the next lower classification, if the employee has previously held permanent status in such classification. If there are no vacancies in that next lower classification, the identification as to who will be laid off will be in the same manner as an employee whose position is abolished. An employee may also voluntarily reduce the employee's hours, if available, or take a demotion to a lower vacant classification for which he/she is qualified in lieu of a layoff. If an employee takes a voluntary demotion or reduction in hours to avoid a layoff, the employee will be assumed to have been laid off for purposes of reemployment rights. 26 , ,, SECTION F. GROUNDS FOR DISCIPLINE. Each of the following constitutes cause or grounds for discipline of an employee. This list is not all inclusive. Violation of any rule or regulation of the City as set forth in the City Charter, ordinances, resolutions, manuals or rules set forth by a specific department shall also constitute grounds for discipline. 1. GENERALPERFORMANCE a. Any violation of the rules set forth herein. Violation of any statute, law or official regulation, rule or order, or commission of any act which comprises the public trust necessary for employment with the City. b. Malfeasance; misfeasance, or nonfeasance of office or employment. c. Incompetency. d. Inefficiency. e. Inexcusable neglect of duty. f. Intentionally misrepresenting information or facts in any statement, declaration or affidavit duty required of an empioyee under these rules. g. Carelessness or negligence that: endangers or threatens the health or safety of any person; ii. unnecessarily damages or exposes to damage any public or private property; or iii. comprises the quantity or quality of the City's service. h. Any act or conduct, that is inconsistent with or in violation of a City adopted Drug and Alcohol Policy. 2. ATTENDANCE a. Excessive absenteeism. b. Unexcused absence. c. Using or attempting to use sick leave to accomplish the same purpose as a strike, work stoppage, or slowdown. 27 d. Tardiness. e. Abuse of sick leave privileges by reporting sick when not sick or -obtaining sick leave pay falsely or under false pretenses. 3. IMPROPER ACTS OR CONDUCT a. Fraud in securing appointment. b. Insubordination. c. Dishonesty with or lying to his superiors, or others. d. Faiiing or refusing to answer quest'ions put to the employee by the employee's superiors in connection with any matter related to the employee's employment or to the City including the employee's compliance or noncompliance with these rules. e. Conflict of interest whether contractual or non-contractual, financial, or non-financial. f. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section. g. Defrauding the City by making false claims for compensation or benefits or-reimbursements. h. Making a false industrial accident claim against the City. Failure or refusal to cooperate with supervisory personnel or other employees; or, inability to maintain effective working relationships with fellow employees, supervisors, and the public. j. Misuse or misappropriation of City property or funds including but not limited to unauthorized use or removal of City owned material, equipment or property. k. Refusal to take and subscribe to any oath or affirmation which is required by law. I. Refusing to report to an official call to duty in an emergency or to abandon duties during an emergency. 28 m. Violation of departmental rules and regulations. n. Engaging in, with or without compensation, any employment, activity, or enterprise, or performing any act or omission which is inconsistent, incompatible, or in conflict with, or inimical to his. duties as an employee, or the best interests of the City. o. Any conduct, act or omission either during or outside of duty hours which is of such nature that it causes discredit to his department or his employment, prevents the employee or other City employees from the e~cient performance of employment role and duties, or which conduct, act or omission has a disruptive effect on the efficiency or integrity of the public service. This includes any dishonest or wrongful conduct or cheating, whether by act or omission, during or outside duty hours. p. Asking, receiving, or agreeing to receive any bribe, gratuity or reward of any kind upon any understanding that the employee's action shall be influenced thereby, or shall be given in any particular manner upon which the employee may be required to act in the erriployee's capacity as a City employee; or attempting by menace, deceit, suppression of truth, or any corrupt means to influence another employee to commit any act, conduct or omission which is clearly inconsistent, incompatible, in conflict with, or inimical to the best interests of the City. q. Failure of an employee to give notice to his department head and the City Attorney, if said employee is subpoenaed or called to testify by an adversary of the City or Arcadia Redevelopment Agency with regard to any litigation: r. Violation of safety rules and regulations and practices. s. Offensive or harassing conduct toward fellow employees or the public during working hours or on City premises. _ t. Being under the influence of intoxicating beverages, drugs or narcotics while on duty, except for the proper use of inedically prescribed drugs. u. Failure to follow established procedures, or the instructions and orders of a supervisor. v. Refusal or failure to cooperate during the course of any work related investigation. 29 RULE IX - DRUG AND ALCOHOt POLICY SECTION A. PURPOSE. This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City management and employees. To that end, the City will act to eliminate any substance abuse as defined herein in order to assure a proper and safe work place, and help protect the health and well-being of the employee and the public. SECTION B. POLICY APPLICATION. It is City policy that employees, while on duty, shall not be under the influence of or in possession of alcohol or drugs; nor possess alcohol or drugs, while on City property, at work locations, or while on duty; shall not utilize such substances while they are on designated standby or designated on-call status, sell or provide drugs or alcohol to any other employee or to any person while such employee is on duty, not have their ability to work impaired as a result of the use of alcohol or drugs. When off duty employees (those generally. subject to City duty) are called back to duty, they must decline the assignment, if they are under the influence of any substance that would impair performance. This policy applies to all employees of, and to all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. While use of inedically prescribed medications and drugs is not per se a violation of this policy, failure by the employee to notify the employee's supervisor before beginning work, when taking medications or drugs which may interfere with the safe and effective perFormance of duties or operations of City equipment, will be considered a violation of this policy. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician will be required. ' The City reserves the right to search, without employee's consent, all areas and property in which the City maintains control or joint control with the employee when it has been determined that eithe~ reasonable suspicion exists or a business necessity exists. When possible, the search will be conducted and witnessed by a member of the employee's recognized labor association. Concerning law enforcement personnel who are subject to Government Code Sections 3300 et. seq., this Policy shall be applied to be consistent with reference to the Public Safety Officers Procedural Bill of Rights. Otherwise, the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in the employee's possession or in an area not jointly or fully controlled by the City. 30 Employees reasonably believed to be under the influence of alcohol or drugs should be prevented from engaging in further work and should be requested to remain in place for a reasonable time until the employee can be safely transported from the work site. The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors for additional information. SECTION C. EMPLOYEE RESPONSIBILITIES. 1. Employees must not report to work or be on designated standby or designated on-call status while his/her ability to perform job duties is impaired due to alcohol or drug abuse. 2: Employees must not possess or use, alcohol or drugs (illegal drugs and legal drugs without a prescription) during working hours or at anytime while on City property. Employees assigned to special duty status by the department head, may be exempted from the policy (e.g. investigator involved in undercover activity). For purposes of this section, the term "drug" shall refer to any substance including alcohol, which, in the opinion of a licensed physician, causes or may cause behavior that is a threat to the safety of the affected employee or others on the job, whether or not controlled by law or prescribed by a licensed medical practitioner. 3. Employees must not directly or through a third party sell or provide drugs or alcohoi to any person or to any other employee while either employee or both employees are on duty or on designated standby or designated on-call status. 4. Employees must submit immediately to an alcohol and drug analysis when requested by authorized supervisory personnel. When possible, supervisors' actions should be corroborated by additional supervisory personnel. Failure by the employee to cooperate pursuant to this Section shall constitute insubordination which could result in discipline up to and including dismissal from employment. 5. Employees must notify their supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of City equipment. 6. Employees must provide within 48 hours of request, a current valid prescription for any drug or medication identified when a drug screen/analysis is positive. The prescription must be in the employee's name. 31 SECTION D. MANAGEMENT RESPONSIBILITIES AND GUIDELINES. 1. Department heads and their supervisors are responsible for consistent enforcement of this policy. 2. Department heads and their supervisors may request that an employee submit to a drug and/or alcohol analysis when a manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and articulable . facts sufficient to lead a reasonable prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his7her job safely, is reduced. When possible, supervisors' actions should be corroborated by additional supervisory personnel. For example, any of the following, alone or in combination, may constitute reasonable suspicion as further defined in Section G-1: a. Slurred speech. b. Alcohol on breath. c. Inability to walk a straight line. d. An accident involving City property. e. Physical altercation. f. Verbal altercation. g. Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority. h. Possession of alcohol or drugs. i. Information obtained from a reliable person with personal knowledge both articulated and documented, of an employee's substance abuse, or use and/or possession of alcohol and drugs in the workplace. Physical appearance such as sloppiness, disarray or red eyes. k. Difficulty responding to simple questions such as time of day, location, etc. 32 Di~culty performing simple tasks such as counting, touching nose, etc. The above are not.all inclusive nor are they absolute signs of substance abuse. 3. Any department head or his supervisor requesting an employee to submit to a drug and/or alcohol analysis should document in writing the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs. 4. Any department head or his supervisor encountering an employee who refuses to submit to a drug and/or alcohol analysis upon request, shall remind the employee of the requirements and consequences of this policy. Any employee refusing to submit to a drug and/or alcohol test shall not be forced to submit to such testing. The manager or supervisor, when possible, should request the employee to remain in place for a reasonable time until the employee can be safely transported from the work site. 5. Department heads or their supervisors shall not physically search the person of employees, nor shall they search the personal property of employees without the freely given consent of, and in the presence of, the employee. This shall not be construed to affect the authority of peace officers to conduct searches pursuant to law. Department heads or their supervisors shall not conflscate, without consent, prescription drugs or medications from an employee who has a prescription. 6. Supervisors shall notify their department head or designee when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession. If the department head or designee concurs that there is reasonable suspicion of illegal drug possession, the department head shall notify the City Manager and Chief of Police or their designees. Nothing in this section is to affect or supersede drug and/or alcohol tests administered by peace officers pursuant to application of the criminal law and enforcement process. SECTION E. PHYSICAL EXAMINATION AND PROCEDURE. 1. The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to alcohol, prescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. The drug/alcohol testing shall be conducted in the following manner: 33 a. Urine, blood, and/or saliva samples will be collected, documented, identified, and sealed by a physician directed medical clinic. 2. b. The analysis of the sample will be performed by a designated state and federally licensed clinical laboratory. c. All employee/applicant samples will be screened by the laboratory using a combination of Radioimmunoassay (RIA) and Thin Layer Chromatography (TLC). After the drug and/or alcohol analysis is completed, the sample shall be processed as follows: a. After screening, if no reportable drug is detected, the sample will be reported as negative. b. No positive.results of a sample will be reported to the City without a confirmatory analysis. c. All positive samples will be retained by the laboratory for one year or, if necessary, adjudicated by the Personnel Board or other authoritative or judicial body: Afterwards, sampfes will be destroyed. 3. ' At the employee's sole cost and expense, the City will permit a second drug and alcohol analysis whereby the testing facility will be mutually agreed upon by the City and the employee. The costs for a validated negative test will be reimbursed to the employee. 4. A confirmatory analysis after an initial positiVe result will be conducted by Gas Chromatography (GC) or Gas Chromatography/Mass Spectrometry (GC/MS). 5. Pre-employment Physicals a. A positive result from a drug and/or alcohol analysis may result in the applicant not being hired. If a drug screen is positive at the pre-employment physical, the applicant must provide within 48 hours of request, a valid current prescription for the drug identified in the drug screen. If the prescription is not in the applicanYs name or the applicant does not provide a prescription, or if the drug is one that is likely to impair the applicanYs ability to perform the job duties, the applicant may not be hired. 34 c. A confirmatory analysis after an initial result will be conducted by Gas Chromatography (GC) or Gas Chromatography/Mass Spectrometry (GC/MS). 6. If an alcohol or drug analysis is positive for alcohol or drugs, the City shall conduct an investigation to gather ali facts. The decision to discipline or discharge will be carried out in conformance with the City's procedures. SECTION F. CONFIDENTIALITY. Laboratory reports or test results shall not appear in an employee's general personnel file. Information of this nature, however, will be included in a separate confidential medical folder. The reports or test results may be disclosed to City management on a strictly need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. SECTION G. DEFINITIONS. 1. REASONABLE SUSPICION. "Reasonable suspicion" or "reasonable cause" is a belief based upon facts gathered from the totality of the circumstances that would cause a reasonable supervisor to suspect impaired performance or reduced job safety by an employee on the job. Reasonable suspicion is not to be based upon unconfirmed rumors, but shall be based upon individual observation by department heads or their supervisors trained by the City to recognize the symptoms of substance abuse. The department head or the employee's supervisor is required to take into account other possible explanations for observed behavior, such as lack of sleep, fatigue, and reactions to noxious fumes or smoke. The factors supporting the reasonable suspicion shall be documented and recorded in a manner provided and approved by City management. 2. SUBSTANCE ABUSE, "Substance abuse" shall include the use, by ingestion, injection, or any other means, of alcohol, illegal drugs, prescription drugs, or any other substance which, in the opinion of a competent medical professional, impairs an employee's ability to perform safely and effectively the functions of the employee's position, which increases the potential for accidents, absenteeism, substandard perFormance, or poor employee morale. 35 RULE X- REPORTS FROM DEPARTMENTS SECTION A. REPORTS TO THE ADMINISTRATIVE ; DESIGNEE. Each department shall report immediatelyto Director or designee on prescribed forms as follows: Request for certification Refusal of eligible, together with reasons therefore, to accept appointment or neglect of eligible to report 3. Report of appointment: a. From certification b. From reempioyment list c. Undec temporary appointment d. Under provisional appointment 4. Changes in compensation of employees 5. Suspension of employees 6. Transfer of employees 7. Evaluation of employees' services not less than annually 8. Separation from service of any employee and the reasons therefore The creatiomor abolition of any new office or place of employment 10. Unauthorized absences from duty The Administrative Services Director or designee shall report such actions as appropriate to the City Manager. SECTION B. DEPARTMENTAL RULES. On approval of the City Manager, each department head shall have the authority to set forth rules and regulations necessary for the efficient operation of that department. However, the rules set forth herein shall govern in all instances and thereby take precedence over any departmental rule or regulation. A current copy of all departmental rules and regulations shall be on file in the Human Resources Office, upon request. 36 . . .:~~;~ s;r;_ ~a`; RULE XI - MAINTENANCE OF RECORDS SECTION A. The Administrative Services Director or designee shall maintain an official roster containing the names of all employees. Except as otherwise provided by law, complete employment records shall be maintained for all employees and stored as specified by the Administrative Services Director or designee. 37 RULE XII - HUMAN RESOURCES COMMISSION SECTION A. INVESTIGATION. The Human Resources Commission shall make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Councii and City Manager. SECTION B. FINDINGS RECORDED. The findings of such investigations and recommendations shall be made an o~cial record of the Human Resources Commission and a copy transmitted to the City Council and City Manager for study and appropriate action. SECTION C. NOTIFICATION. The Administrative Services Director or designee shail provide copies of the agenda and minutes of all Human Resources Commission meetings to each employee making such a request in writing. 38 RULE Xlil - EMPLOYEE GRIEVANCES SECTION A. DEFINITIONS. GRIEVANCE. A grievance is an allegation by an employee(s) of a misinterpretation or misapplication of any express provision of the applica6le Memorandum of Understanding or City and/or Department Personnel Rules and Regulations where there is no other specific method of review provided by City law. Grievances may be filed by the Union, subject to an employee's right, under the Meyers-Milias-Brown Act, to elect not to be represented by the Union. 2. GRIEVANT. An employee or group of employees in the classified service adversely affected by an act or omission by the City allegedly in violation of an express provision of the Memorandum of Understanding or City and/or Department Personnel Rules and Regulations. 3. DEPARTMENT HEAD. The department head or designee. 4. WORK DAY. A work day is any day the City o~ces are regularly open for business. 5. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE. a. The procedure is not to be used for the purpose of changing wages, hours and working conditions. Allegations involving wages, hours and working conditions may thus be grieved only if the grievance involves a misapplication or misinterpretation of an express provision of the MOU or City and/or Department Personnel Rules and Regulations. b. The procedure is not intended to be used to challenge the content of employee evaluations or performance reviews. Allegations that the City has failed to comply with an evaluation procedure set forth in a specific provision of the MOU or City and/or Department Personnel Rules and Regulations are grievable. c. The procedure is not intended to be used to challenge a reclassification, layoff, transfer, denial of reinstatement, or denial of a step or merit increase. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU or City and/or Department Personnel Rules and Regulations, a grievance may be filed. 39 d. The procedure is not intended to be used in cases of oral or written reprimand, demotion, suspension, or removal. Appeals of disciplinary actions are covered by the City's Personnel Rules and Regulations. e. The procedure is not to be used to challenge violation.of law or past practice unless the rules or MOU expressly refer to same. The procedure is not to be used to challenge examinations or appointment to positions. Notwithstanding the above, if the process used to reach the foregoing decisions is not in compliance with an express provision of the MOU or City and/or Department Personnel Rules and Regulations, a grievance may be filed. SECTION B. TIMELINESS. The grievance must be filed by the employee within the timelines set forth herein. The grievance may be filed by the Union, subject to an employee's right, under the Meyers-Milias-Brown Act, to elect not to be represented by the Union. Failure of the employee or Union to file the initial grievance or process the grievance from one level to another in a timely manner is a forFeiture of the grievance and the grievance will not be processed further. If the City fails to respond in a timely manner, the employee may proceed to the next level. SECTION C. EMPLOYEE REPRESENTATION. The employee may be represented by a person of his or her choice to prepare and present the grievance. The employee may use a reasonabie amount of released time to process the grievance. The release time must be approved by the department head. SECTION D. INFORMAL GRIEVANCE PROCEDURE. Within fifteen (15) working days following the event, or within fifteen (15) working days after the employee should reasonably have known of the event, the employee should attempt to resolve the grievance on an informal basis by discussion with the employee's immediate supervisor. SECTION E. FORMAL GRIEVANCE PROCEDURE. First Level of Review: Next Level Supervisor If the employee is not able to.resolve the grievance after discussion with the employee's immediate supervisor, within. ten (10) working days after the informal discussion with the immediate supervisor, the employee shall present the grievance in writing to the next level supervisor on the official City grievance form setting forth the following information: a. The specific section of the rules or MOU allegedly violated. 40 ......~.~.sfE~~:?w.A..":T'~'.. ,'-:~.: b. The specific act or omission which gave rise to the alleged violation. c. The date or dates on which the violation occurred. d. Documents, witnesses or evidence in support of the grievance. e. The resolution of the grievance at the informal stage. f. The remedy requested. A copy of the grievance shall be provided to the Human Resources Division of the Administrative Services Department concurrently with presentation to the immediate supervisor. The next level supervisor shall render a decision in writing, on the grievance form, within ten (10) working days after receiving the grievance. 2. Department Head Review If the employee. does not agree with the decision of the next ~evel supervisor, within ten (10) working days after receiving the next level supervisor's decision or twenty (20) working days from the date the next level supervisor received the grievance but failed to issue a decision, the employee shall present the grievance in writing, on the grievance form, to the department head. The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate a decision in writing within ten (10) working days of receiving the grievance or within ten (10) working days of holding a grievance meeting whichever is longer. 3. Administrative Services Director or Designee If the employee is not in agreement with the decision reached by the department head, within ten (10) working days after receiving the department head's decision or twenty (20) working days from the date the department head received the grievance but failed to issue a decision, the employee shall present the grievance in writing to the Administrative Services Director or designee on the o~cial City grievance form. The Administrative Services Director or designee may require the employee and the immediate supervisor to attend a grievance meeting. The Administrative Services Director or designee shall communicate a 41 decision in writing within ten (10) working days of receiving the grievance or the holding of a grievance meeting whichever is longer. 4. Human Resources Commission If the employee is not in agreement with the decision of the Administrative Services Director or designee, or if the Administrative Services Director or designee has failed to respond, the employee shall present the grievance to the Human Resources Commission within ten (10) working days from the date of receipt of the Administrative Services Director or designee's decision or twenty (20) days from the date the Administrative Services Director or designee received the grievance but failed to issue a decision. SECTION F. APPEAL TO HUMAN RESOURCES COMMISSION. 1. Scheduling of Hearing Upon receipt of the request for an appeal, the City shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shali be set not less than twenty (20) working days nor. more than sixty (60) working days from the date of the filing of the appeal. Ail interested parties shall be notified in writing of the date, time, and place of the hearing at least ten (10) working days prior to the hearing. 2. Public Hearings All hearings shall be open to the public. 3. Pre-Hearing Procedure a. Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present . them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Department will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. It will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the City. It will be the responsibility 42 . . ~ ."i~.iP.~e . ..s~'~. of the employee and the City to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Services Department a list of ali witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3- hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The employee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this section unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. c. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 4. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of relevant documents. Those documents include the grievance documents at each level and the responses to the grievance. 5. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on call until called to testify. Employees who are subpoenaed to testify during non-working hours wili be compensated for the time they actually testify, unless the City agrees to a different arrangement. 6. Conduct of the Hearing 43 a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of "serious affairs; regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or he~eafter may, be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, ali other witnesses, except the parties, shall be excluded from the hearing upon motion of either PartY• h. The Human Resources Commission may conduct the hearing or delegate evidentiary and/or procedural rulings to its legal counsel. 7. Burden of Proof In a grievance appeal the grievant has the burden of proof by preponderance of the evidence. 8. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 44 , •lFi.l: .'~~~ ~. .. .. 9. Testimony Under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: "Do you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?" 10. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs otherwise: a. The Human Resources Commission Chair shall announce the issues after a review of the statement of issues presented by each party. b. The grievant (employee) shali be permitted to make an opening statement. c. The respondent (City) shall be permitted to make an opening statement, or reserve an opening statement until presentation of its case. d. The grievant shall produce his/her evidence. e. The respondent may then offer its evidence. f. The grievant followed by the respondent may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 11. Procedure for the Parties 45 The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may be ruled upon summarily or a~gument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representatives shall continue with the presentation of their case. 12. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 13. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days. 15. Recommended Decision The Human Resources Gommission shall render its recommendations as soon after the conclusion of the hearing as possible, and no event, iater than ten (10} working days after concluding the hearing, unless otherwise stipulated to by the parties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be polled as to their decision by the grievant or the grievant's counsel. 16. Recommendation to the City Manager 46 . .,i..7i•S~4t ~ ' The decision of the Human Resources Commission is advisory to the City Manager. The proposed decision shall be p~ovided to the grievant and the City Manager. Either the employee or the department may file a written appeal to the proposed decision, by filing exceptions thereto with the Administrative Services Director or designee within ten (10) working days of receipt of the Commission's recommended decision. The party desiring to contest the recommended decision of the Commission may also request a transcript for review by~the City Manager within ten (10) working days of the Commission's decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript. 17. Final Action by City Manager Within ten (10) working days of the filing of exceptions, or within ten (10) working days of receipt of the transcript, the City Manager shall review the decision of the Commission, any exceptions filed, and a record, if one is requested. The decision of the City Manager shall be final. The decision shall be transmitted to the employee and to the department head. 47 RULE XIII - DISCIPLINARY APPEAL PROCEDURE SECTION A. DISCIPLINARY APPEAL TO THE HUMAN RESOURCES COMMISSION. The appeal procedure described herein shall apply only to cases of disciplinary suspensions, demotions and removal affecting permanent employees within the classified service. Request for Hearing Within ten (10) working days after final notice of suspension, demotion or removal, the employee or the employee's representative may file an appeal in writing with the City Clerk. In accordance with Government Code Section 3033, Sworn Peace Officers may also appeal a reduction in salary, written reprimand, or transfer for purposes of punishment. If, within the ten (10) working day appeal period, the employee does not file said appeal, unless good cause for the failure is shown, the action of the City shall be considered conclusive and shall take effect as prescribed. The appeal shall include the following: a. An admission or denial of each charge set forth in the final notice, with an explanation why the charge is admitted or denied. b. A statement of any affirmative defenses. c. A statement that the employee disagrees with the penalty with an explanation of the employee's position. d. The employee's current address. e. A request for a hearing. Failure to provide this information may resuit in the appeal not being processed. 2. Scheduling of Hearing Upon receipt of the request for an appeal, the City Clerk shall, within thirty (30) working days, transmit the appeal to the Human Resources Commission. The Commission shall schedule a hearing. The appeal hearing shall be set not less than twenty (20) working days nor more than sixty (60) working days from the date of the filing of the appeal. All interested parties shall be notified in writing of the date, #ime, and place of the hearing at least ten (10) working days prior to the hearing. 48 3. Private or Public Hearings All hearings shall be private; provided that the employee may request a hearing open to the public. Any request for an open hearing shall be submitted five (5) working days prior to the hearing date or the hearing will be ciosed. 4. Pre-Hearing Procedure a. Subpoenas The Human Resources Commission is authorized to issue subpoenas at the request of either party prior to the commencement of the hearing. After the commencement of the hearing, subpoenas shall be issued by the Commission only for good cause. Each party will prepare their own subpoenas and present them to the Human Resources Division of the Administrative Services Department and the other party. The Human Resources Division of the Administrative Services Departmenf will issue the subpoenas. The Human Resources Division of the Administrative Services Department will serve subpoenas for current City employees. If will be the responsibility of the employee or the City to serve subpoenas on individuals who are not currently employed by the~City. It will be the responsibility of the employee and the city to submit the written request for subpoenas at least ten (10) working days before the date of the hearing. b. Exhibits and Witness Lists Five (5) working days prior to the date set for the hearing, each party shall serve upon the other party and submit to the Human Resources Division of the Administrative Department a list of all witnesses and a list and copy of all exhibits. An original and nine (9) copies of the exhibits shall be presented to the Human Resources Division of the Administrative Services Department in 3- hole notebooks which are tabbed down the side with the exhibit numbers. The employer's exhibits shall be designated by number. The empioyee's exhibits shall be designated by alphabetical letter. Neither party will be permitted to call during the hearing, a witness not identified pursuant to this section nor use any exhibit not provided pursuant to this sec4ion unless that party can show that they could not reasonably have anticipated the prior need for such witness or such exhibit. 49 c. Statement of Issues Five (5) working days prior to the date set for the hearing, each party shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 5. Submission to the Human Resources Commission Five (5) working days prior to the date set for the hearing, the Human Resources Division of the Administrative Services Department shall present each member of the Human Resources Commission with a copy of the juFisdictional documents. Those documents include the notice of intent to take disciplinary action, the final notice of disciplinary action, and any. response from the employee to these documents as well as the statement of issues submitted by both parties. The Commission shall not be provided with copies of the exhibits. 6. Record of Proceedings and Costs a. Court Reporter All discipiinary appeal hearings may, at the discretion of either party or the Commission, be recorded by a court reporter. Any hearing which does not utilize a court reporter, shall be recorded by audio tapes. If a court reporter is requested by either party, that party shall pay the cost of the court reporter. If both parties request a court reporter the cost will be split equally. If the Commission requests the court reporter, the City shall pay the cost of the reporter. b. Payment of Employee Witnesses Employees of the City who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. The Commission may direct that these employees remain on cail until called to testify. Employees who are subpoenaed to testify during non-working hours will be compensated for the time they actually testify, uniess the City agrees to a different arrangement. 7. Conduct of the Hearing a. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. 50 ~ - . ..~Mt l 0 • b. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless , of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. c. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence that shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. d. The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. e. Irrelevant and unduly repetitious evidence may be excluded. f. The Human Resources Commission shall determine relevancy, weight and credibility of testimony and evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. g. During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either PartY~ h. The Human Resources Commission may conduct the hearings or delegate evidentiary and/or procedural rulings to its legal counsel. 8. Burden of Proof In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. 9. Proceed with Hearing or Request for Continuance Each side should be asked if it is ready to proceed. If either side is. not ready and wishes a continuance, good cause must be stated. Any request for a continuance must be made in writing and submitted prior to the hearing to all parties. Before requesting a continuance, the moving party shall contact all parties to determine if there is any opposition to the continuance and shall state in its request if there is opposition. 51 10. Testimony Under Oath All witnesses shall be sworn in for the record prior to offering testimony at the hearing. The chairperson will request the witnesses to raise their right hand and respond to the following: "Do' you swear that the testimony you are about to give at this hearing is the truth, the whole truth and nothing but the truth?"` 11. Presentation of the Case The hearing shall proceed in the following order unless the Human Resources Commission for special reason, directs othervuise: a. The Chair shall announce the issues after a review of the stafement of issues presented by each party. b. The party imposing discipline (department) shall be permitted to make an opening statement. c. The appealing party (employee) shall be permitted to make an opening statement, or reserve an opening statement until presentation of their case. d. The party imposing disciplinary action (department) shall produce their evidence. e. The party appealing from such disciplinary action (employee) may then offer their evidence. f. The party imposing discipline (department) followed by the = appealing party (employee) may offer rebutting evidence. g. Closing arguments shall be permitted at the discretion of the Human Resources Commission. The party with the burden of proof, shall have the right to go first and to close the hearing by making the last argument. The Commission may place a time limit on closing arguments. The Commission or the parties may request the submission of written briefs. After the request for submittal of written briefs, the Commission will determine whether to allow the parties to submit written briefs and determine the number of pages of said briefs. 52 .~ r,, , 12. Procedure for the Parties The party representing the department and the party representing the employee will address their remarks, including objections, to the Chair of the Human Resources Commission. Objections may. be ruled upon summarily or argument may be permitted. The Chair reserves the right to terminate argument at any time and issue a ruling regarding an objection or any other matter, and thereafter the representative shall continue with the presentation of their case. 13. Right to Control Proceedings While the parties are generally free to present their case in the order that they prefer, the Chair reserves the right to control the proceedings, including, , but not limited to, altering the order of witnesses, limiting redundant or irrelevant testimony, or by the direct questioning of witnesses. 14. Hearing Demeanor and Behavior All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or members of the Commission. 15. Deliberation Upon the Case The Human Resources Commission may choose to either deliberate the case in public or adjourn to closed session to deiiberate. The Commission will consider all oral and documentary evidence, the credibility of witnesses, and other appropriate factors in reaching their decision. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time. The Commission may deliberate at the close of the hearing in closed session or at a later fixed date and time not to exceed ten (10) working days, and with the agreement of both the Commission and the appealing party (employee), the deliberation period may be extended for up to an additional ten (10) working days. 16. . Written Findings and Recommended Decision The Human Resources Commission shall render their findings and recommendations as soon after the conclusion of the hearing as possible, and no event, later than ten (10) working days after concluding the hearing, unless otherwise stipulated to by the parties. A finding must be made by the Commission on each charge. 53 The Human Resources Commission may recommend the sustaining or rejecting of any or all of the charges filed against the employee. The Commission may recommend sustaining, rejecting or modifying the disciplinary action invoked against the employee. If the Commission recommends reinstatement of the terminated employee, the employee is only entitled to back pay minus the sum the employee has earned during the period of absence: The Human Resources Commission shall not be polled as to their decision by the grievant or the grievanYs counsel. 17. Recommendation to the City Manager The decision of the Human Resources Commission is advisory to the City Manager.. The proposed decision shall be filed with the charged employee, the department head and the Ciry Manager, and shall set forth all findings and conclusions. If a dismissal is not sustained, the proposed decision shall set forth a recommended effective date the employee is to be reinstated. Either the employee or the department may file a written appeal to the proposed decision, findings and conclusions of the Commission within ten (10) working days of the decision by filing exceptions thereto with the Administrative Services Director or designee. The party desiring to contest the recommended decision of the Commission may request a transcript for review by the City Manager within ten (10) working days of the Commission's.- decision. If the appealing party requests a transcript, that party shall pay the cost of the transcript 18. Final Action by City Manager Within ten (10) working days of the filing of exceptions, the City Manager shall review the decision of the Commission, any exceptions filed, and a cecord, if one is requested. The City Manager may ratify, modify, or reverse the proposed decision of the Commission. If the City Manager seeks to modify or reverse the decision of the Commission, the City Manager shall review the transcript. The decision of the City Manager shall be finai. The decision shall be transmitted to the employee appealing disciplinary action and to the department head. 19. Judicial Review a. Petition for Writ of Mandate 54 . . ~ . ~..F..~~..:.. ......~ . Judicial review of any decision of the City Manager may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. b. 90 Day from Final Decision Pursuant to Code of Civil Procedure 1094.6 any such petition shall be filed not later than the ninetieth (90`h) day following the date on which the City Manager gives written notice of the final decision. 55 INDEX TO PERSONNEL RULES 8 REGULATIONS CLASSIFICATION 7 ADOPTION OF THE PLAN 7 NATURE OF CLASS SPECIFICATION 7 PREPARATION OF CLASSIFICATION PLAN 7 RECLASSIFICATION 7 REVISION OF THE PLAN 7 DISCIPLINARY ACTIONS, VOLUNTARY DEMOTIONS & LAYOFFS 24 GROUNDS FOR DISCIPLINE 27 HEARWG PROCEDURE 26 LAYOFFS 26 PROCEDURES FOR TAKING DISCIPLINARY ACTION 25 TYPES OF DISCIPLINARY ACTION 24 VOLUNTARY DEMOTION 26 DRUG AND ALCOHOL POLICY 30 CONFIDENTIALITY 35 DEFINITIONS 35 EMPLOYEE RESPONSIBILITIES 31 MANAGEMENT RESPONSIBILITIES AND GUIDELINES 32 PHYSICAL EXAMINATION AND PROCEDURE 33 POLICY APPLICATION 30 PURPOSE 30 ELIGIBLE LISTS 16 ESTABLISHMENT OF ELIGIBLE LISTS 16 LIFE OF LISTS 16 REMOVAL OF NAMES FROM ELIGIBLE LISTS 16 WAIVERS OF CERTIFICATION 17 EMPLOYEE GRIEVANCES 39 APPEAL TO HUMAN RESOURCES COMMISSION 42 DEFINITIONS 39 DISCIPLINARY APPEAL TO THE HUMAN RESOURCES COMMISSION 48 EMPLOYEE REPRESENTATION 40 FORMAL GRIEVANCE PROCEDURE 40 INFORMAL GRIEVANCE PROCEDURE 40 TIMELINESS 40 GENERAL ORIENTATION 1 AMENDMENT AND REVISION OF RULES 1 DEFINITIONS AND MISCELLANEOUS RULES 3 DEPARTMENTALRULES 3 56 DISCRIMINATION 1 INTENT 1 MERIT SYSTEM 1 OUTSIDE EMPLOYMENT 1 TENURE OF OFFICE 1 HUMAN RESOURCES COMMISSION 38 FINDINGS RECORDED 38 INVESTIGATION 38 NOTIFICATION 38 MAINTENANCE OF RECORDS 37 METHODS OF FILLING VACANCIES 18 ACTING ASSIGNMENTS 19 APPOINTMENT PROCEDURE 18 CERTIFICATION OF ELIGIBLES 18 FLEXIBLE STAFFING 19 GENERAL PROVISIONS 18 PROVISIONAL APPOINTMENT 19 REINSTATEMENT ~ g REQUISITIONS 18 PROBATIONARY PERIOD 21 LENGTH OF PROBATIONARY PERIOD 21 PURPOSE 2~ REJUCTION FOLLOWING A PROMOTION 22 REPORTS OF PROBATIONERS 22 TRANSFERS 23 WHEN AUTHORIZED 23 RECRUITMENT, SELECTION AND APPOINTMENT 10 BACKGROUND INVESTIGATIONS 15 EXAMINATIONS 12 MEDICAL EXAMINATION 14 RECRUITMENT 10 VERIFICATION OF LAWFUL WORK STATUS 15 REPORTS FROM DEPARTMENTS 36 DEPARTMENTALRULES 36 REPORTS TO THE ADMINISTRATIVE SERVICES DIRECTOR OR DESIGNEE 36 57 ~ ti PROPOSED REVISION November l. 2002 Deleted text is highlighted with strikeouts (----). New text is highlighted with bold and underlined text. CITY OF ARCADIA PERSONNEL RULES & REGULATIONS AS ADOPTED AND AMENDED BY THE CITY COUNCIL TABLE OF CONTENTS VII. T-I vau. s '~RULE I. PAGE GENERAL ORIENTATION 1 II. CLASSIFICATION 6 III. RECRUITMENT, SELECTION AND APPOINTMENT 8 IV. ELIGBLE LISTS 13 V. METHODS OF FILLING VACANCIES 15 VI. PROBATIONARY PERIOD 17 VII. TRANSFERS ~g ~ Y Ix II-VIII. DISCIPLINARY ACTIONS, VOLUNTARY DEMOTIONS & LAYOFFS 1~ 19 L~RdC.J4NE~lti6S9HE1~ R261SY ~ vi v o~R9F~T~ FI~~lIM B€f~14F~TM1€NT~ g $8 Y" " ' "~llINT€Nl~NS€ C~F R€SE1RB~ -- ~g IX. DRUG AND ALCOHOL POLICY 25 X. REPORTS FROM DEPARTMENTS 31 XI. MAINTENANCE OF RECORDS 32 XII. HUMAN RESOURCES COMMISSION 32 XIII. EMPLOYEE GRIEVANCES __ _ 33 INDEX 54 ~~,~ +~~; --~rRULE I - GENERAL ORIENTATION SECTION ~A_ INTENT. The objectives of these rules are to facilitate efficient and economical services to the pubiic and to provide for a fair and just system of personnel management in the municipal goVernment. These rules set forth the obiigations, rights, privileges, and prohibitions which are placed on all employees in the Classified Service of the City of Arcadia and those procedures which insure like treatment for those who present ' . `y.:' : . - ,. ' themselves for original employment or promotion. At the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that. no two individuals react alike to reward and punishment and to uniform motivation and encouragement. SECTION ~B. DISCRIMINATION. , In personnel actions, the City shall comply with all laws prohibiting discrimination based on race, religious belief, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, pregnancy, sexual orientation, age or political opinion. . SECTION 3:C_ TENURE OF OFFICE. The tenure of every employee in the Classified Services shall be based upon continued satisfactory service, proper personal conduct, continuing mental and physical fitness forkais the employee's position as determined by the appointing power, based on competent medical authority, existence of the need for the work performed, and the availability of funds. SECTION 4:D_ AMENDMENT AND REVISION OF RULES. Recommendations for ~ amending or revising these rules shall be submitted to the City Manager for review and recommendation to theReFSeaael-~ear~ Human Resources Commission,a~-least-#'we~s I prior to thei~ review by the~ear~ Commission and presentation to the Council. A statement of intention to amend the Rules contained in the minutes of any meeting shall be deemed sufficient notice. All rules and amendments thereto shall become effective on the date specified by the City Council in its approval thereof. Copies of rules and all effective amendments shall be on file in the Human Resources office I Y~ SECTION aE_ MERIT SYSTEM. All appointments and promotions of City officers and employees shall be made solely on the basis of inerit and fitness demonstrated by examination or other evidence of competence. 1 SECTION S:F. OUTSIDE EMPLOYMENT. A' cit employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his or her duties, functions, o~ responsibilities as a City employee. ....~..y.. ... ............ .....~.....~...~...~ .._'"'" "' "'__' ..__ ~._..'_" ""'_' _"'~'_~"'_"' _'_~__' '_ Wt~t1b1'~: . . .' i 1. AUTHORIZATION a. Any officer or employee wishing to engage in any occupation or outside activity for compensation shall inform the department head of such desire, providing information as to the time required and the nature of such activity, and such other information as may be required. The employee shall use the Outside Employment Authorization Form to request authorization. This form shall be filed with the departmental head tliree days prior to beginning such outside employment. The department head shall determine whether or not such activity is compatible with the employee's City employment. A copy of the completed Outside Employment Authorization Form shall be filed with the Human Resources Office of the Administrative Services Department. b. If the department head determines such activity is compatible, the department head may authorize the employee to maintain outside employment by approving the Outside Employment Authorization Form and submitting the original form to AAaaa~ Human Resources and a copy to the employee. 2. 2-DETERMINATION OF INCONSISTENT ACTIVITIES In making a determination as to the consistency or inconsistency of outside activities, the department head shall consider among other pertinent factors whether the activity: -~.-lnvolves the use for private gain or advantage of City time, facilities, 1~~')~~~41:~It,'4.I.~rv~~ ~ :~ 1~' - equipment, supplies, badge, uniform, prestige, or influence of one's a. City office or employment; or ~-Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the City for the ~ performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regulaz b. course erof hours of the employee's City employment or asa part of the employee's duties as a City employee; or c. Involves the performance of any act in other than the employee's capacity as a City officer or employee which act may IaYer be subject directly or ' indirectly to the control, inspection review, audit, or enforcement by such officer or employee or the department by which the employee is employed; or 3. 4. d. Involves conditions or factors which would probably directly or indirectly lessen the e~ciency of the employee's regular City employment, or conditions in which there is a substantial danger of injury or illness to the employee. ~REVOCATION Permission for outside employment appropriate by the department heac (see above). All authorizations are head, City Manager, or Ciry Council. may be for any length of time deemed and included in the written authorization subject to revocation by the department 4=USE OF CITY EQUIPMENT PROHIBITED A-Na City-owned equipment, vehicles, inshuments, tools, supplies, machines, or any other item which is the property of the City sfiall be used by any officer or employee W#i16Mwhen the officer or employee is engaged in any outside employment or activity, for compensation or otherwise, ~.,.. ..,~ ..s ~M.. r:E., nn.,.,....... a. except upon prior written approval of the City Manager. upon prior written approval of the Citv Manaqer. SECTION ~.~CDADTRIICAITAI G. DEPARTMENTAL RULES. Employees shall abide by departmental rules , . SECTION ~:H. DEFINITIONS AND MISCELLANEOUS RULES. ~1. ALLOCATION. The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibility exercised. ~ 2. APPOINTING POWER. Each department head shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for by theSedasi Classification Plan forkiis the department head's department,s~jesE and subject to the provisions of the Charter, Ordinances, Resolutions, and the rules and regulations promulgated thereunder. 3. ~~APPOINTMENT. The offer to and acceptance by a person of I a position in the Classified Service. 3 4. CANDIDATE. An applicant who has been accepted to participate in the examination process. 5. CLASS. A group of positions su~ciently similar in duties and responsibilities so that: a. a. The same descriptive title properly may be used to designate each position allocated to the class. b. ~-The same basic minimum qualifications may be required of all ~ incumbents. c. s. The same selection devices may be used to screen qualified employees. d. d. The same salary rate or range can appiy with equity under I substantially the same working conditions. 6. CLASS SPECIFICATION. A written description of a class which distinguishes it from every other class in the classification plan and provides a guide for the allocation of all specified positions in the Classified Service to classes. 7. CLASSIFIED SERVICE. Positions in the City employ not included in the City Charter in the. Unclassified Service or designated by the City Council to be in the Unclassified Service. g, . COMMISSION. The I Human Resources Commission established in accordance with the City Charter of the City of Arcadia. , 9. DEMOTION. The movement of an employee from one class to another class which has a lower maximum salary rate. ' 10. ELIGIBLE. A person whose name is on an eligible list, a promotional list or a reemployment list. 11. ELIGIBLE LIST. A list of names of persons who have passed in an examinetion for a particular class and who are ranked in order .of their final scores. 12. EMPLOYMENT DATE. Employment date for each employee shall be the date on which such employee was first appointed to a full time position in the City employ. . . , 13. FLEXIBLE STAFFING. A series of classifications in the Classification F4aAalan to facilitate advancements in job title, responsibilities and compensation for employees with department head approval and without a recruitment or examination, once all flexible staffing procedural requirements have been met. 14. OPEN COMPETITIVE EXAMINATION. An examination in which any person who meets the qualification requirements and who submits a proper application is eligible to compete. 4 15. PERMANENT APPOINTMENT. An appointment to a permanent position given to those employees who have completed their probationary period. 16. POSITION. Any o~ce title or employment which has been assigned a salary or otherwise funded. 17. PROBATIONARY APPOINTMENT. An appointment for a length of time set aside as a work test period prior to obtaining permanent employment. 18. PROVISIONAL APPOINTMENT. An appointment of a person possessing the minimum qualifications established for a particular class in the absence of availab~e eligibles. , 19. PROBATIONARY EMPLOYEE. Any empioyee who has been appointed from an eligible list or who has been reinstated to a former position but who has not yet completed his work test period. 20. PROMOTION. An advancement of an employee from one class to another class which has a higher maximum rate of pay. 21. PROMOTIONAL LIST. A list of names of permanent employees who have qualified through the promotional examination for consideration and appointment to a higher class and who are ranked in order of their final score. 22. REEMPLOYMENT LIST. A list of employees who have been legally laid off because of discontinuance of position, lack of work or lack of funds. ~ 23. . basi~REINSTATEMNT. The reappointment of an employee within twenty-four months after he or she has resigned in good standing to a position in the same classification. Reinstated employees are required to complete a probationary period. 24. RECLASSIFICATION. A chan~e in job title and job description, accompanied by a salary range increase, desr~ase; or no change in salary. ~ 25. REJECTION. The demotion or termination of an employee during his probationary period. ~ 26. SALARY REDUCTION. A decrease in salary from current step to a lower step within the same salary range for disciplinary or other reasons. 27. TEMPORARY APPOINTMENT. An appointment for 180 working days or less. I 28: TRANSFER. The movement of an employee from one position in a class to another in the same or similar cFass in the same or in a different department. 29. TYPES OF APPOINTMENT. The following are types of appointment: temporary, probationary, permanent and provisionaL 30. ~A}:TERMINATION. Separation of an employee from the ser '- ~ ~ of the City. RULE II - CLASSIFICATION 5 The PeFSeaae4 Administrative Services uirector or a person or agency employed for that purpose, shall ascertain and record the duties and responsibilities of all positions in the Classified Service and, after consulting with appointing authorities and department heads affected, shall recommend a classification plan for.such positions. The classification plan shall consist of classes of positions in the Classified Service defined by class specifications, including the title. SECTION ~:B. NATURE OF CLASS SPECIFICATION. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity to all positions in the same class. SECTION 3:C. ADOPTION OF THE PLAN. A proposed classification plan, after consultation with the City Manager, other appointing powers, and employees in each class, shall. be presented by the ° s~:-BiresEerHdman Resedrses an~ o;°~ AAaRagefAdministrative Services Director or desiqnee to . the Human Resources Commission for consideration and study prior to its presentation to the Council for adoption. ~ SECTION 4.D. REVISION OF THE PLAN. a. Revisions of the classification plan may be made by the Council upon recommendation of the City Manager. •.. . _j Whenever it is proposed that a position be changed from one class to another, such change shall not be made without first notifying the incumbent of the proposed change in writing and givingk~a the incumbent a minimum of ten days to be heard, shouldkae the incumbent desire, prior to the change being enacted. 2. b. Revisions of the Classification Plan involving changes in class specifications may be made by the Council upon recommendation of the ReFSer~ae4-~ear~Human Resources Commission. SECTION ~E. RECLASSIFICATION. A reclassification is a change in classification title and/or job specification, and may include a salary increase, salar~esFease or no salary change. 6 1. BASIS FOR RECLASSIFCATION An employee who spends a significant amount of time performing duties of a higher level or lower level, which are not generally included in the employee's job specification, may be reclassified. The basis for reclassification of a position is a graduai increase or decrease of duties assigned by a supervisor or manager, which necessitates a change in classification. The gradual increase of duties must be documented over a period of at least two years. A sudden change as a result of a reorganization of the assignment of new duties or responsibilities is not a basis for a . reclassification. ~ An employee who has been reclassified shall be ineligible for subsequent reclassifications for a period of at least two years. 2. ' PROCESS FOR RECLASSIFICATION ~• If the DepartmenY Head thinks that a classification change is necessary, the Deoartment Head must request a job audit. The process ~ shall be a part of the City's annual budget process. Reclassification requests will be submitted to the Administrative Services Department/Human Resources Division.in January of each year with an anticipated implementation date that coincides with the fiscal year. The Administrative Services Department/Human Resources Division or a contracted consultant will complete the audit which shall include, but will not be limited to, interviews with the employee, supervisor and Department Head. The audit shall result in a recommendation, which will include, no change, a reclassification to an existing classification, or a reclassification to a new classification. A reclassification to an existing classification shall require City Manager approval. If a new classification is recommended, the action must receive City Manager, Human Resources Commission and City Council approvaL . ' COMPENSATION ANALYSIS The Administrative Services DepartmenUHuman Resources Division shall establish an appropriate salary range based upon comparable positions within the present series of classifications by percentage differential. If no comparabie series of classifications exists, then an interdepartmental analysis shall be completed. The proposed salary range shall be approved in writing by the City Manager and City CounciL Any employee receiving a reclassification shall be moved to the salary range and step of the new class that represents the first highest dollar amount above the salary being earned prior to the reclassification. In no case shall the movement be less than 5% of the base salary the employee is currently earning. If the employee is eligible for a step increment within ninety (90) days of the date of the reclassification, the step that is anticipated shall be used as the basis for calculating placement at the next highest dollar amount in the salary range of the promotional slass: class. 7 The date of the salary increase due to the reclassification shall establish a„G.. anniversary date for the employee's future performance evaluations. RULE III - RECRUITMENT. SELECTION AND APPOINTMENT RECRUITMENT. In order to carry out the intent of the Charter, the desianee shall advertise each open examination at least once prior to the examination. 1. EXAMINATION ANNOUNCEMENTS a. € ^""'"'~;o^~A~Jr9dNS€M€NT~. Written examination announcements shall specify the class title, the salary range, the nature of the position, the minimum requirements, the relative weight to be assigned each part of the examination, the required passing score, the general nature of the test, the closing date for filing applications, and such other information as may be pertinent. Announcements shall be posted in appropriate locations for all interested parties. 2. APPLICATION FORMS b. APT61~°T,, ',~,~~F01~h9S. Applications for examinations shall be made on forms provided by the W1aaaQe~Administrative Services Director or desiqnee. 3. 6. DC IC!`TCf1 ADDI i~nnirc REJECTED APPLICANTS ~ ~$~A~4~: Applicants can be rejected by the De artment head from further competition during the examination process if theyslear~ do not meet the minimum qualifications, are physically or mentally unable to perForm the essential functions of the job, with or without reasonable accommodation~a€-E, are guilty of fraud, use or attempt to use political pressure or bribery to secure an appointment, make false statements of any material fact on the application, fail to submit the employment application correctly or within . the prescribed time limits, or are otherwise unfit for employment. Conviction, including pleas of guilty and nolo contendere, of a felony, or of.any crime involving moral turpitude shall be prima facie disqualification of an applicant for employment; provided, however, that the ~ #~eadDepartment Head may disregard such conviction if the Deoartment Head etermines that mitigating circumstances exist. In making such a determination, the ~epar~ea~-#eadDeqartment Head will consider the following factors: ~-The classification, including sensitivity, to which the person is applying or being certified and whether the classification is a. unrelated to the conviction; b. ~--The nature and seriousness of the offense; c. 3-The circumstances surrounding the conviction; d. The length of time elapsed since the conviction; e. The age of the person at the time of conviction; ~ The presence or absence or rehabilitation or efforts at f. rehabilitation; and g. Contributing social or environmental conditions. Notwithstanding the foregoing, an applicant for a peace officer position shall be disqualified, without right of appeal, from employment if the applicant has been convicted of a felony. 8 All applications received for a recruitment shall remainea-file--fef on file during the life of the eligible list created for the recruitment. Applications shall not be returned to the applicant for any reason. 4. -a-NEPOTISM a. '~ No person shall be appointed or promoted to a position in any department or division in which such person's relative already holds a position when such employment would result in any of the following: i. A supervisor-subordinate ~elationship; ii. The employees having job duties which require performance of shared duties on the same or related work assignment(s); iii. Both employees having the same immediate supervisor; iv. morale. there is a potential conflict of interest created by reason of safety, security or ~BdFor oumoses of this section, "relative" means spouse, child, step-child, parent, grandparent, grandchild, brother; sister,1a21#- half-brother, half-sister, aunt, uncle, niece, nephew, pazent-in-law, b. brother-in-law; sister-in-law or any other individual related by blood or marriage. c. ~If an employee marries another person employed by the City within the same department, both employees shall be allowed to retain their respective positions provided that a supervisorial relationship does not exist at the time of, marriage between these two positions. During the period of employment, no supervisory position shall exist. between the two employees. For the purpose of this section, a supervisorial relationship shall be defined as one in which one person exercises the right to control, direct, reward or punish another person by virtue of the duties and responsibilities assigned to his or her position. 9 d. 4--The City also retains the right to refuse to place both spouses in the same department, division or facility where such #as the potential for creating adverse impact on supervision, safety, security or morale, or involves potential conflicts of interest. e. ==~Where the above circumstances exist and mandate that two spouses shall not work together, the MaaageFAdministrative Services Director or desiqnee will attempt to transfer one spouse to a similar position in another department. Although the wishes of the involved parties as to which spouse is to be transfe~red will be given consideration, the cont~olling factor in determining which spouse is to be transferred shall be the effective operation and efficiency of the City. If anysask~ transfer results in a reduction in salary or compensation, the same shall not be considered disciplinary in nature and shall not be the subject of any form of appeal, .su`r ~ ~~.''{ii'E'~.,x 5i . unless otherwise provided by law. If a transfer cannot be accommodated, the Citv Manaqer has the authoritv to exolore other alternatives to resolve the matter. SECTION 2:B. EXAMINATIONS: Examinations for positions in the Classified Service shall be related to those matters which fairly test the relative capacity of the applicants to discharge the duties of the positions to which they seek to be appointed. Examinations may consist of written, oral, or performance ~ tests or any combination thereof. Physical tests, medical and psychiatric tests, and investigations and evaluations of training, experience, services, character, and personal traits may be madea part of any examination, in order to determine job related qualification. ~ In any examination,w#tis# th MaaageFAdministrative Services Director or desipnee , may include a qualifying test and may set a minimum qualifying standard. 1. TYPES OF EXAMINATION ~a;-TYR€~~~-E-~G~MMIA~I9N-The basic rypes of examination shall be open and promotional examinations. Entrance examinations are open to any person who meets the minimum qualifications and other requirements published in the examination announcements. Promotional examinations are open only to employees who have completed at least one probationary period in the Classified Service and,who meet the qualifications and requirements published in the examination announcement, provided that competition in open and promotional examinations for the sworn positions in the Fire and Police Departments may be limited to designated ranks in . each respective department. If, in the opinion of the ~eafdCity Manager, insufficient competition exists for filling a promotional examination,: an open competitive examination may be held for any position. 10 In order to attract highly qualified candidates, and to timely fill I vacant City positions~° «^ ^~;^" ~~-^ ~~+ , the closing date for the selection of sworn and pre-sworn Police and Fire positions may be indefinite and applicants may be tested continuously in such manner and at such times and plaCes as determined by theRe~seaRel-9#~seF u~.,, ^~^°^~ . ~~~+ o,~~ nn',~Administrative Services Director or-a~ designee. . Applicants who fail to achieve a passing score in such an open continuous'examination may not compete again until the lapse of one hundred and twenty (120) calendar days between the first and second testing, and (180) calendar days between the second and third such testing, unless stipulated to the contrary on the job announcement. The #~raa~ ~~~~ ~~~ ~,~ o._~, nn~.,.,~o.Administrative Services Director or designee,at , may exclude unsuccessful applicants from further testing. Those applicants who fail a background investigation may reapply after twenty- four (24) months. 2. EXAMINATION SCORES ,~ ~V~~~~~~eT~n~~ crno~~. Failure to obtain 70% in any part of an open examination shall disqualify the applicant from further competition. Failure to obtain an average score of 70% in a promotional examination, unless othervvise stated in the examination announcement, shall disqualify the candidate. 3. CONDUCT OF EXAMINATIONS . All examinations shall be conducted and controlled by the MaaagefAdministrative Services Director, his authorized representative, or by a contractual agency, under the direction of the City Manager. 4.. -~T-NOTIFICATIONS OF THE EXAMINATION RESULTS Each applicant in an examination shall be given written notice by the klt~aa o„ ...,a D'cL ~~~r,..a~Administrative Services Director . or desiqnee of the results thereof, and, if successful, of#~is the applicanYs final earned score and#is- the applicant's relative position on the eligible list. 5. WRITTEN.TEST REVIEW ~e~ U/~ITTCAI TCCT QG~~~C1A/ A keyed copy of the written test shall be made available for review by each candidate for five working days after the date on which the examination is given. During this five-day period, each candidate is entitled to protest in writing against any keyed answer, provided the nature of#ais the candidate's protest is clearly expressed in writing and the reasons for#is the objection to the keyed answer are clearly set forth. Whenever feasible, the candidate will be required to cite authority for#ais the protest. The Administrative Services Director or desiqnee shall, to the best of#~is #he ability of the ~.___ ~_ ,~ o~ ~ nn...,-,.,e.Administrative Services Director or desiqnee; make a fair determination as to the worth of each protest and shall make corrections, including the elimination of questions, askie the #~ra~ o.,.-.._..-..,,-,.~+ ~~~_ .".".~..__~~Administrative Services Director or desiqnee is convinced are proper, and then shall score the written test papers. 11 ;; - 6. -Tf}-REVIEW OF EXAMINATION PAPERS Examination papers of a candidate shall be open to#is inspection only by that particular candidate, for a period of ten working days after the date of the examination.kae The candidate shall not be allowed to reviewkiis the candidate's paper more than twice during this eriod. ~~ The candidate, while reviewing the paper, shall not be given the privilege of making copies or notes of any portion of the examination or keyed answers. Examination papers of applicants are not subject to inspection by the public, with the exception as hereinbefore provided, and such papers together with the referenced and oral rating sheets shall be confidential and shail not be open to inspection either by the applicant or by the public. All examination papers shall be kept on file during the life of an eligible list. SECTION 3:C. MEDICAL EXAMINATION. Once a conditional employment offer is made, an applicant will be required to pass a medical examination ' to determine whether the applicant can perform the essential functions of the job with or without a reasonable accommodation. Applicants will only be required to pass a medical examination if all other applicants in the same job category are required to take the examination. Ifaa-e~iQi~le--is d'+sqaa4+f+ed-ia-a the applicant does not pass the medical examination, ' . the offer will be rescinded and the applicant will be removed from consideration. When there is a need to determine whether an employee is still able to perform the essential job functions, _ , ,with aootl. cause an em~lovee may be required~ to take a medical examination, paid for by the City, #eF-#is-daties. A fitness for duty exam may also occur in such situations as are required by law (e.g., mandated drug testing under U.S. Department of Transportation regulations for those who operate commercial vehicles). SECTION 4.D. BACKGROUND INVESTIGATIONS. Applicants for employment may be subject to appropriate investigation including but not limited to: 1. Employment history investigation; 2. Criminal history; G-Post offer physical and/or psychological tests, including a 3. drug and alcohol screen; and 4. -~-Personal or character investigation. ( SECTION ~E. VERIFICATION OF LAWFUL WORK STATUS. Prior to starting work, ~ employees must provide the City with their legal status to work in the United States as required by federal law. 12 RULE IV - ELIGIBLE LISTS SECTION 4-:A. ESTABLISHMENT OF ELIGIBLE LISTS. Five working days after the conclusion of an examination, or as extended in writing by the City Manager, the #~2a shall prepare and keep available an eligible list consisting of the names of persons successfully passing the examination, arranged in order of final scores from the highest to the lowest qualified score. Whenever identical ratings are earned, they shall be given the same number on the eligible list. SECTION ~:B_ LIFE OF LISTS. Eligible lists shall become effective upon the announcement thereof by the Administrative Services Director or desiqnee , giving the relative ratings of the names appearing thereon. Eligible lists shall remain in effect for one year unless the list is extended or abolished. Cancellation or any change made in an eligible list shall not invalidate an appointment p~eviously made from such list. Eligible lists may be extended. by the Rer-sear~el-~ea~dHuman Resources Commission for a period not to exceed one year. Eligible lists may be abolished by the ReFSeaael-~eafdHuman Resources Commission when there are less than three available names remaining.'~r Reemployment lists shall remain effective for two years from the date of the latest separation from senrice: For open-continuous recruitmenYs, new names shall be added to an eligibility list upon ~ obtaining additional -qualified candidates pursuant to the selection process. Each sa~idate'scandidate's eligibility shall continue for a period not to exceed twelve months, or ~ until such time that a list is abolished, whichever is shorter. SECTION 3:C. REMOVAL OF NAMES FROM ELIGIBLE LISTS. The name of any person appearing on an eligible list shall be removed by the ' MaaaQeFAdministrative Services Director or desiqnee if the eligible requests in writing that#ais the eligible's name be removed or ifkae the eligible fails to respond within a designated time to a request that#ae the eligible appear for an employment interview. The person affected shall be notified of the removal ofbis the person's name by notice mailed to#is the person's last known address. A name may be removed by theReFSeflae~-~eard Human Resources Commission for cause. The name of a person on a promotional list who resigns from the City service shall be removed from such list. The name of a person who after appointment from a promotional list is rejected during the probationary period ~shall be restored by the City Manager tothe ~erast~e~a4 any eligible list but shall not be certified to the same #ead:Deqartment Head. The name of any person who declines an appointment to a probationary position without submitting a written waiver shall be removed from the eligible list. S€G~aAP~4SECT10N D. WAIVERS OF CERTIFICATION. Any person whose name appears on a promotional or eligible list may request in writing that#ais the person's name be placed on an inactive list so that during the requested period no certifications ofktis the person's name will be made. Said person may at any time during the life of the promoti or eligible list request#k~at~iis the person's name be taken off the inactive liat and agaii 13 placed on the active promotional or eligible list. In the event that the name is again placed on an active list, it will be placed in the same relative position as though the name had. never been removed. RULE V- METHODS OF FILLING VACANCIES SECTION ~A. GENERAL PROVISIONS. All probationary appointments to vacancies in the Classified Service shall be filled by appointment of eligibles from eligible lists or by transfer, demotion, or reinstatement. When eligible lists are used to fill vacancies, they shall be used in the following order: Ea~By appointment of eligibles from reemployment lists, regardless of the ~ numbet of names appearing thereon. Such lists must be exhausted prior to using promotional and eligible lists. 2. -~~--By appointment of eligibles from promotional lists. 3. ~n~By appointment of eligibles from eligible lists. 4. ~-In the absence of an open eligible list for a classification, the appointing. authority may make an appointment from a current open eligible list for a higher class in the same class series or a comparable class. Acceptance or rejection of the lower position does not remove the person from the eligible list. SECTION ~:B. REQUISITIONS. Whenever a vacancy in the Ciassified Service is to be filled, the appropriate appeiatir~g-pewertiepartment head shall notify the Administrative Services Director or desipnee. The Administrative Services Director or desiqnee shall advise theGity pewefdepartment head as to the availability of eligibles on eligible lists, or of employees by transfer or . emotion. SECTION 3:C. CERTIFICATION OF ELIGIBLES. Upon request, the aad--~IsIF-PAaaagefAdministrative Services Director or desiqnee shall certify to the appointing power from the appropriate eligible list or lists the names and addresses of five persons who stancl highest on the eliQible eli ible list or lists for one vacancy, and an additionai name for each additional vacancy if more than one position is to be filled at one time. Persons having identical ratings shall be certified together. The department head maiFmust select one of the five persons certified by the #~ar~ Administrative Services Director or desiqnee. If, at some point in the process, there are fewer than three persons on the eligible list, the aa~' ~'^~~ "~~Administrative Services Director or desianee can stiil certify the remaining name(s) on the list but the department head retains the right to decide whether to either select any of the remaining eligibles or request the eligible list be abolished. , , ~ ~ 14 , SECTION 4D. APPOINTMENT PROCEDURE: Eligibles selected by the department head ~ may be given a conditional offer of employment dependent on successful passage of a medical examination and/or background investigation (See Rule III, Sections 3-d1:C_Dl• If a ~ medical examination and/or background investigation has been required and the results of such examination/investigation are satisfactory, or if neither a medical examination or a background investigation has been required, , the person to be ~ appointed shall be notified. If the appointment is accepted, the person to be.appointed must, prior to starting work, provide the City with proof of the person's legal status to work in the United States. ar~d-t#~e The person must also be presents-faia~sel# for duty within such period I as the ' department head shall prescribe. The,appointee~e shall be fingerprinted by the Police Department, administered the oath of allegiance by the City Clerk and deemed to be appointed. Otherwise,#ae the person shall be deemed to have ~ declined the appointment. Ail appointments, whether temporary, provisional, probationary, or permanent, shall be reported to the Administrative I Services Director or desiqnee by forms prescribed byq+a~ the AAaaa~Administrative Services Director or desiqnee. SECTION ~:E_ PROVISIONAL APPOINTMENT. Whenever a vacancy exists in the classified service, a provisional appointment may be made from the candidates eligible to take the examination. SECTION 6:F. REINSTATEMENT. Reinstatement of a former permanent employee of the City of Arcadia who separated from City employment in good standing may be made to a vacant position at the discretion of the department head or appointing authority provided the positionis in the same classification or a previous classification which waseasaa~befe~ held by the employee on a permanent basis and provided the ' molovee's reinstatment appointment date is within 2 years following the er~pleyee~semolovee's date of separation from the City. The reinstated employee shall be treated as a new employee for the purposes of seniority, accrual of sick leave and vacation, and any other benefits based on length of service. A reinstated employee shall serve a new probationary period. SECTION ~G. ACTING ASSIGNMENTS. The department head or appointing authority may appoint a person to .an acting assignment when the incumbent is on leave . or is otherwise absent from duty for an extended period of time. The person selected to the acting assignment must meet the minimum training and experience qualifications for the position t~:. , .. ~ ^.oi..:l . . ~ unless exempted in writing by the City Manager. A person serving in an acting assignment may be removed from the assignment at any time without the right of appeal or hearing. SECTION ~H. FLEXIBLE STAFFING. The use of flexible sta~ng series of classifications ~ is intended to make the process of responding to needs in department operations more e~cient and timely. ~ 15 Flexible staffing classifications allow=department heads to advance employees fro~~~ ,~~~ entry-level classification in a flexibie staffing series to _ a hiqher- classification without conducting a recruitment process, when the department head has determined that all of the following apply: ~}a -There is a need in the department operations that warrants the filling of 1. the higher-level flexible sta~ng classification. 2. There are sufficient funds in the department budget to fund the additional costs related to filling of the higher-level flexible staffing classification. ~,s}-The employee in the entry-level classification in the flexible staffing series 3, meets all of the requirements for the higher-level classification. ~ 4. The employee in the entry level classification in the flexible staffing series has received sufficient training to prepare the employee to be assigned the duties and responsibilities of the ~~~;.,hiaher-level classification. 5. The employee in the entry-level classification in the flexible staffing series has successfully completed a probationary period and has received successful performance reviews. The City's flexible staffing series job classifications are listed in the Classification Plan. In order to advance an employee in a flexible staffing series, the department head must submit to the Human Resources O~ce of the Administrative Services Department a Personnel Action Form and a memo stating that all of the flexible staffing requirements have been determined.~ The employee is not required to serve another probationary period in the biq#eFlevelhiQher-level classification. RULE VI - PROBATIONARY PERIOD SECTION a. R~1°D~~A. PURPOSE The probationary period is a part of :ihe- examination process. It is a work-test period during whish the ea~pleyee'semoloyee's performance and conduet on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. Except as otherwise required by ~glaw, durinp the probationary period, a probationer. may be , , rejected at any time by the appointing power without cause and without the right.ofapryeai .appeal. Notification of rejection by the department head shall be served on the probationer. : When provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee with no time interval between the provisional and probationary appointment, the '~leymeat--dat~"emolovment date" as herein defined, shall be the date first appointed on a provisional basis. 16 SECTION ~B. LENGTH OF PROBATIONARY PERIOD. 1. ~ ', , ,For the classifications of Disoatcher illl, Police Lieutenant, Police Sergeant, Police Agent, Police Officer, Communitv Services Officer and Police Gaer~esbaisiaFi:Records Technician I/II, the probationary period for all eligible candidates appointed from an open competitive examination and who are not currently employed in a permanent position shall be on probation for eighteen (18) months before attaining permanent status, Eligible candidates appointed from a promotional list shall 6e on probation for twelve (121 months before attainina permanent status. , -- {~elise-Be ' ~ de~arEments 6he dea3rErr~eFlt-head- sh .. ,.. ~ .;n,~ ~~Y~~~-._ CC!`TIA~I ~ ~11/LIChI Al ITL1AD17C11 I I...,., . ., ,ecf ..f FL.e .. 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' , . ~ , , , ~f3@(T~ f@~~V2 ~~-F~2k6-- , u i~~~ ~ti ~..tir~ .d~7i.h i~ ~.nncirler rlncir..Ml.. 4M 8f~1}11 6`.. n'~ aR~E~-M~ ~ 8F 7 ;~:-.<::..: . , . , 31 r~~:s:..~~:., i~ .,..r s s.... . E a ..~ s s• ~ .~ ~ s , ~ ~ , . ~ (4 ~ TL.e n nnr7~ . 4 ' i d ~ rl 1 4. .1 ' f I . 'N ~ i . ~~$; i . ~: , ~~_i ~rnonn~roic~innir~ oonr~ni ioG ~ 32 ~ ~ ~nonnni roi~vnnir~~ oonr ~ rni icc e a Fir-st-6c~u ,• . . s~er~iseF - ~ , ~ n .,.+ .,..E u~.,a o~, e,., ~ ~ , , , ' , , , , ;~, °er,,. , • , • ~ ~ 35 , . ,~ „ ~ , . 4~~ .+ f h..ll ~ll ~ ~ L+'olhehho n' . ~ ~ ~ 36 ~ said-bfie#s: . V , ~ ' ~ , ~ ~ e€-wit~tesse~ ~ ~ , ~ ~. ~ ~ • ., . ~~ 37 } . , , , , , . , sewise: , , . #eNevv~ia~ . ~ ~ ..~~ ,.rr.. ,, .,.,, .~ ........ .... ., ..._..... ...... 3H , • ,~ ~ ; ~ ~ ~ , , . . , ses~e~-t~e-~e~s~ , . ~ , , ' 40 , • ~ , ' , , , , ef-w~itaesses: ~ , , ~ , 42 4ti~~ ~ ~ • i ~ ~ . ~ i i r ~ • , :,~~.~_ ~ ,. , ~ ~ ~ ~ ~ ~ ~ . . V '~~;4 -G~°rj~';t''7..{ ~"r"~y'~~~ -. u~~i#4en nniinc nf 4{~c Cnnl 'lenic.inn ' ~ ADDCAlIl1Y A 43 V~ 4L~..4 ~L~ h h..ll hn ~ n t~ 11~~ n hl'n ..iL~en c : ~ en~~cc~4e'1 'n .~.ri+'nn h.i 4ho rv~~c. ~ ~~ .... ..... .....~....~ ....,.. .... .. .. ... ... ~,,......... ........ .._ ., ~ . .~'__"_' ... ...._...~ _~ _.._ i ~ ~ i ~_ • c'An r~l n 4h~ nhoenne r~f 4F~o nho'rmon ~ . d. The written materials, reports, and documents upon which the disciplinarv action is based; e The empiovee's ripht to apqeal bv submittinp a written appeal within thirtv (30) calendar davs to the Citv Clerk for deliverv to the Human Resources Commission. 3. Implementation of Disciqline Prior to Completion of the Notice Procedures. the aublic) and in the case of suspensions without pav of five work davs or less (three 24-hour shifts for those on a 56 hour work weekl. a suspension, reduction in pav. demotion or dismissal mav be imolemented prior to fullv affordinp the employee the foreqoinq notice and oaportunitv to resaond qrocedure. Re4ulations. SECTION D. VOLUNTARY DEMOTION. Anv emplovee mav request a voluntarv demotion at anv time. Everv such reauest must be reaorted to and approved bv the Citv Manaqer. Citv Mana4er or Emplovees to be laid off shall be qiven, whenever possible, at least fourteen calendar davs arior notice. The order of lavoff shall be temporarv, nrovisional, probationarv, and then reqular emqlovees. Within each of these catepories, emqlovees will be laid off on the basis of the Citv Manaqer's or department head's assessment of performance, skills, traininq, experience and seniorit~ The names of probationary and reqular emplovees who have received a satisfactory or better evaluation on their most recent evaluation shall be placed upon reemplovment lists for two years in the reverse order of the lavoff. An emplovee desiqnated to be laid off may bump into the next lower classification, if the emplovee has previouslv held permanent status in such classification. If there are no vacancies in that next lower classification the identification as to who will be laid off will vacant classification for which helshe is aualified in lieu of a lavoff. If an emplovee ~ ;a takes a voluntarv demotion or reduction in hours to avoid a lavoff, the emplovee will be assumed to have been laid off for purposes of reemplovment riqhts. rule or re4ulation of the Citv as set forth in the Citv Charter: ordinances, resolutions and manuals or rules set forth bv a sqecific deoartment shall also constitute qrounds for discipline. 1. GENERALPERFORMANCE. law or o~cial requlation, rule or order, or commission of anv act which comprises the public trust necessary for emalovment with the Ci . b. Malfeasance, misfeasance, or nonfeasance of office or emplovment. c. Incomaetencv. d. Inefficiencv. e. Inexcusable ne4lect of dutv. f. Intentionallv misrepresentinq information or facts in anv statement. declaration or affidavit dutv reQUired of an emqlovee under these rules. q. Carelessness or ne4liqence that: i. endanpers or threatens the health or safetv of anv person; ii. unnecessarilv damaqes or exposes to damaqe any oublic or private proaertv; or iii. comarises the auantitv or Quality of the citv's service. h. Anv act or conduct, that is inconsistent with or in violation of a Citv adopted Alcohol and Druq Abuse Policv. 2. ATTENDANCE. a. Excessive absenteeism. b. Unexcused absence. ~~ d. Tardiness. e. Abuse of sick leave ~rivileqes bv reaorting sick when not sick or obtainina sick leave qav falselv or under faise pretenses. 3. IMPROPER ACTS OR CONDUCT.. a. Fraud in securinp appointment. b. Insubordination. c. Dishonestv with or Ivinq to his superiors, or others. d. Failinq or refusing to answer puestions put to the emplovee bv the employee's superiors in connection with anv matter related to the emalovee's emplovment or to the Citv includinq the emolovee's compliance or noncompliance with these rules. e. Conflict of interest whether contractual or non-contractual, financial. or non-financial. f. Conviction of a felonv or conviction of a misdemeanor involvinq moral turoitude. A plea or verdict of cauiltv, or a conviction followinq a plea of nolo contendere, to a charcae of a felonv or anv offense involvina moral turpitude is deemed to be a conviction within the meaning of this section. q. Defraudinq the CiN by makinq false claims for comaensation or benefits or reimbursements. h. Making a false industrial accident claim a4ainst the Citv. i. Failure or refusal to cooperate with suoervisorv aersonnel or other i. Misuse or misaoaropriation of Citv propertv or funds includinq but not limited to unauthorized use or removal of Citv owned material, equipment or oroqertv. k. Refusal to take and subscribe to anv oath or affirmation which is repuired bv law. ~ .~ , l:I..y,ln.l L~Sh ~~. I. Refusinq to report to an official call to dutv in an emerqencv or to abandon duties durinq an emerqencv. m. Violation of deoartmental rules and repulations. inconsistent, incomoatible, or in conflict with, or inimical to his duties as an emolovee, or the best interests of the Citv. o. Anv conduct, act or omission either durinq or outside of dutv hours which is of such nature that is causes discredit to his de~artment or his empiovment, orevents the emolovee or other Citv emplovees from the efficient performance of emqlovment role and duties, or which conduct. act or omission has a disruotive effect on the omission, durina or outside dutv hours. Askinq, receivinq, or aqreeinq to receive anv bribe, aratuitv or reward of anv kind upon anv understandinq that the emqlovee's action shall be influenced therebv, or shall be qiven in anv particular manner upon which the emqlovee mavbe required to act in the emplovee's capacitv as a Citv emplovee; or attemotinq bv menace, deceit, suapression of truth, or anv corrupt means to influence another emplovee to commit anv act, conduct or omission which is clearlv inconsistent, incomqatible, in conflict with. or inimical to the best interests of the Citv. a. Failure of an emolovee to aive notice to his Department Head and the Citv Attornev, if said emplovee is subpoenaed or called to testifv bv an adversary of the Citv or Arcadia Redeveloament Aqencv with reaard to any litiqation. r. Violation of safetv rules and reaulations and oractices. s. Offensive or harassina conduct toward fellow emalovees or the public durinq working hours or on Citv premises. t. Beinq under the influence of intoxicatina beveraqes, druqs or narcotics while on dutv, except for the aroper use of inedicallv prescribed druqs. u. Failure to follow established procedures. or the instructions and orders of a suaervisor. ~~ v. Refusal or failure to cooperate durinq the course of anv work related investiqation. RULE IX - DRUG AND ALCOHOL POUCY of alcohol or druas. When off duty emplovees (those qenerallv subiect to Citv dutvl are cailed back to dutv. thev must decline the assi4nment, if thev are under the influence of anv substance that would imqair performance. This qolicv applies to all emplovees of, and to all aaolicants for qositions with the Citv. This qolicv aoplies to alcohol and to all substances, druqs or medications, le4al or illeqal which could impair an emplovee's abilitv to effectivelv and safelv oerform the functions of the iob. from a qualified phvsician will be reauired. emqlovee's recoqnized labor association. ~~ abuse as defined herein in order to assure a orooer and safe work alace, and help protect the health and well-being of the emplovee and the qublic. alcohol or druqs while on Citv property, at work locations, or while on dutv: shall not ~ °>~~:~~1A ^~4,r~'~V°'C.yl1.a ~".'~<.,,,t Concerning law enforcement aersonnel who are subiect to Government Code Sections law enforcement agencv that an emplovee mav have illeqal druas in the emolovee's possession or in an area not iointlv or fuilv controlled bv the Citv. Emplovees reasonablv believed to be under the influence of alcohol or dru4s should be prevented from enqaqinq in further work and should be reauested to remain in place for a reasonable time until the emplovee can be safeiv transported from the work site. The CiYv has established a voluntarv Emplovee Assistance Proaram (EAP) to assist SECTION C. EMPLOYEE RESPONSIBILITIES. 1. Emolovees must not report to work or be on desiqnated standbv or desiqnated on-call status while his/her abilitv to oerform iob duties is impaired due to alcohol or drup abuse. 2. Emolovees must not oossess or use, alcohol or druqs (ille4al druqs and le4al drugs without a orescriotion) durinq workina hours or at anvtime while on Citv propertv. Employees assiqned to saecial dutv status bv the Deoartment Head, mav be exempted from the qolicv (e.a. investiqator involved in undercover activitv). For purposes of this section. the term "druq" shall refer to anv substance includinp alcohol, which, in the opinion of a licensed ohvsician, causes or mav cause behavior that is a threat to the safetv of the affected emplovee or others on the iob, whether or not controlled bv law or qrescribed bv a licensed medical oractitioner. 3. Emolovees must not directlv or throuah a third oartv sell or provide druqs or alcohol to anv person or to anv other employee while either emplovee or both emplovees are on duty or on desiqnated standbv or desiqnated on-call status. suaervisors' actions should be corroborated bv additional suoervisorv personnel. Failure bv the employee to cooperate qursuant to this Section shall constitute insubordination which could result in discipline uo to and includinq dismissal from emplovment. 5. Em~lovees must notifv their supervisor, before beqinning work, when takinp anv medications or druqs, prescription or non-prescriqtion which mav interFere with the safe and effective oertormance of duties or operation of Citv equipment. ~ ~ 6. Emplovees must qrovide within 48 hours .of reauest, a current valid name. SECTION D. MANAGEMENT RESPONSIBILITIES AND GUIDELINES. 1 Deaartment Heads and their supervisors are responsible for consistent enforcement of this oolicv. 2. Department Heads and their supervisors mav request that an emplovee submit to a druq andlor alcohol analvsis when a manaaer or supervisor has a reasonable suspicion that an emqlovee is intoxicated or under the influence of druqs or alcohol. "Reasonable susqicion" is a belief based on obiective and articulable facts sufficient to lead a reasonable prudent suaervisor to suspect that an emplovee is under the influence of druqs or reduced. When possible, supervi5ors' actions should be corroborated bv in Section G-1: a. Slurred saeech. b. Alcohol on breath. c. inabilitv to walk a straiqht line. d. An accident involvinp Citv proqertv. e. Phvsical altercation. f. Verbal altercation. a. Behavior which is so unusual that it warrants summonina a supervisor or anvone else with authoritv. h. Possession of alcohol or dru4s. i. Information obtained from a reliable aerson with personal knowledae both articulated and documented, of an emolovee's substance abuse, or use and/or possession of alcohol and druas in the workplace. . ~~ ~,:. , , j. Phvsical aoaearance such as sloaainess, disarrarv or red eves. k. Difficultv respondinq to simple Questions such as time of dav, location, etc. I. Difficultv performinq simple tasks such as countina, touchinq nose, etc. The above are not all indusive nor are thev absolute sians of substance abuse 3. Anv Deqartment head or his supervisor requestinq an emqlovee to submit intoxicated or under the influence of druos. 4. Anv Department Head or his supervisor encountering an emqlovee who refuses to submit to a drub and/or alcohol analvsis upon request shall forced to submit to such testina. The manaaer or supervisor. when possible, should re4uest the emolovee to remain in olace for a reasonable time until the emqlovee can be safelv transported from the work site. 5. Deoartment Heads or their supervisors shall not phvsicallv. search the person of emolovees, nor shall thev search the oersonal proaertv of emplovees without the freelv c~iven consent of, and in the aresence of the emalovee. This shall not be construed to affect the authoritv of qeace officers to conduct searches pursuant to law. Deoartment Heads or their supervisors shall not confiscate. without consent, prescription druqs or medications from an emolovee who has a prescription. . 6. Suoervisors shall notifv their DepartmenY Head or desiqnee when thev have reasonable sus~icion to believe that an emolovee mav have illeqal criminal law and enforcement process. SECTION E. PHYSICAL EXAMINATION AND PROCEDURE. 1. The drua and/or alcohol analvsis mav test for anv substance which could ~~ medications, heroin, cocaine, morphine and its derivatives, P.C.P.. methadone, barbiturates, amphetamines, mariiuana and other cannabinoids. The drup/alcohol testinq shall be conducted in the followinp manner. ~a. Urine blood andlor saliva samples will be collected. documented, identified and sealed bv a phvsician directed medical clinic. b The analvsis of the samole will be performed bv a desianated state and federallv licensed clinical laboratorv. a All emplovee/aoplicant samoles wiil be screened bv the laboratorv usinq a combination of Radioimmunoassav (RIA1 and Thin Laver Chromatoqraphv (TLGL~ 2 After the druq and/or alcohol analvsis is completed the sample shall be processed as follows a. After screeninq, if no reportable drua is detected, the sample will be re orted as neqative. b No positive results of a sample will be reaorted to the Citv without a confirmatorv analvsis. authoritative or iudicial bodv: Afterwards, samples will be destroved. 3 At the emplovee's sole cost and expense the Citv will qermit ~e# a second drup and alcohol analvsis wherebv the testina facilitv will be mutuailv aqreed upon bv the Citv and the emqlovee. The costs for a validated neqative test will be reimbursed to the emqlovee. 4 A confirmatorv analvsis after an initial positive result will be conducted bv Gas Chromatoqraahv (GC) or Gas Chromatocaraphv/Mass Spectrometrv GC( /MS)• 5. Pre-emploVment Phvsicals a A aositive result from a drua andlor alcohol analvsis mav result in the applicant not.beinq hired. prescription for the drug identified in the druq screen If the ~~ i : :~~, j. . ., .. apblicant's abilitv to perForm the iob duties, the applicant mav not be hired. result will be conducted bv Spectrometrv fGC/MS~. 6. If an alcohol or drup analvsis is aositive for alcohol or druqs, the Citv shall emplovee upon request. Disclosures, without patient consent, mav also occur when: (11 the information is compelled bv law or by iudicial or administrative arocess: (2) the information has been qlaced at issue in a formal dispute between the emaloyer and emplovee: (31 the information is to be used in administerinq an emalovee benefit plan; (4) th~ information is needed bv medical personnel for the diaqnosis or treatment of the patient who is unable to authorize disclosure. SECTION G. DEFINITIONS. 1. REASONABLE SUSPfCION. "Reasonable susoicion" or "reasonable cause" is a belief based upon facts aathered from the totalitv of the circumstances that would cause a reasonable supervisor to susaect imoaired performance or reduced iob safetv by an.emplovee on the iob. Reasonable susaicion is not to be based upon unconfirmed rumors, but shall be based upon indlvidual observation bv department heads or their supervisors trained bv the Citv to recoqnize the svmptoms of substance as lack of sleep, fatique, and reactions to noxious fumes or smoke. The 2. SUBSTANCE ABUSE. "Substance abuse" shall include the use, bv ~ SECTION F. CONFIDENTfALITY. Laboratory reports or tesY results shall not appear safelv and effectivelv the functions of the emqloyee's aosition, which increases the potential for accidents, absenteeism, substandard ~erformance, or poor emaloyee morale. RULE X- REPORTS FROM DEPARTMENTS AAaaaAe~Administrative Services Director or desiqnee 1. Reauest for certification 3. Reaort of aopointment: a. From certification b. From reemolovment list c. Under temporarv appointment d. Under provisional apaointment 4. Chanpes in compensation of emqlovees 5. Suspension of emplovees 6. Transfer of employees 7. Evaluation of emplovees' services not less than annuallv 8. Separation from service of any emqlovee and the reasons therefore 9. The creation or abolition of anv new office or ~lace of emploVment 10. Unauthorized absences from dutv The Administrative Services Director or designee shall.reqort such actions as aaqropriate to the Citv Manaqer. ~~ the efficient operation of that deoartment. However, the rules set forth herein shali govern in all instances and therebv take precedence over anv departmental rule or the RULE XI - MAINTENANCE OF RECORDS SECTION A. The Administrative Services empiovees. Ezceof:as. othe'rwise nrovitled bv:?law, complete emolovment records shall be maintained for all em~lovees and stored as soecified bv the ~a~~ a;-D~~~^~~„Q ~isl~-RAaflaaeFAdministrative Services Director or desiqnee. RULE XII - HUMAN RESOURCES COMMISSION SECTION A. INVESTIGATION. The Human Resources Commission shall make anv SECTION B. FINDINGS RECORDED. The findinqs of such investiqations and recommendations shall be made an o~cial record of the Human Resources Commission and a copv transmitted to the Citv Council and Citv Mana4er for studv and appropriate action: SECTION C. NOTiFICATION. The Hdman Resedrses aa~ R+sl~ AAa~aaefAdministrative Services Director or desiqnee shall provide copies of the agenda and minutes of all Human Resources Commission meetinas to each emplovee makinq such a request in writiny. RULE XIII - EMPLOYEE GRIEVANCES SECTION A. DEFINITIONS. 1.;__ _~ GRIEVANCE A prievance is an alle4ation bv an emolovee(s) of a rriisinteroretation or misaoolication of anv exaress provision of the applicable Memorandum of Understandinq or Citv and/or Department ~~ 2 GRIEVANT An emplovee or prouo of emplovees in the classified service adverselv affected bv an act or omission bv the citv allecaedlv in violation of an exqress orovision of the Memorandum of Understandinq or Citv and/or Department Personnel Rules and Reaulations. 3 DEPARTMENT HEAD The deaartment head or desicanee. 4 WORK DAY A work dav is anv dav the Citv offices are reaulariv ooen for business. 5. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE. a The procedure is not to be used for the purpose of chanqinq wages hours and workin4 conditions Alleqations involvinq waqes hours and workina conditions mav thus be qrieved only if the qrievance involves a misapqlication or misinterpretation of an express provision of the MOU or a Citv/Deqartment Personnei Rules and Regulations. b The arocedure is not intended to be used to challenqe the content of emqlovee evaluations or performance reviews. Alleaations that the Citv has failed to complv with an evaluation orocedure set forth in a specific provision of the MOU andlor Citv/Department Personnel Rules and Reaulations are arievable. c The qrocedure is not intended to be used to challen4e a reclassification lavoff transfer denial of reinstatement, or denial of a step or merit increase. Notwithstandinq the above, if the qrocess used to reach the forepoina decisions is not in compliance with an express provision of the MOU and/or Citv/Deqartment Personnel Rules and Reaulations, a qrievance mav be filed. d The procedure is not intended to be used in cases of oral or written reprimand demotion suspension, removal or other disciplinarv action Appeals of disciplinarv actions are covered bv the Citv's Personnel Rules and Requlations. e The qrocedure is not to be used to challenae examinations or ~~ Rules and Requlations, a qrievance mav be filed. s~ <r:~Y}:Y~~ x s , n,;~:,. r _ . employee(s),,~contingent~upon:;concurr`ence of--tFie.employee(s):; Failure of the emolovee or`,1~1;nio`n to file the initial qrievance or process the qrievance from one level to another in a timelv manner is a forfeiture of the qrievance and the qrievance will not be processed further. If the City fails to respond in a timelv manner, the emqlovee mav oroceed to the next level. may use a reasonable amount of released time to process the qrievance. The release time must be aoaroved bv the deoartment head. SECTION D. INFORMAL GRIEVANCE PROCEDURE. Within fifteen (15) workinq ~s followinq the event, or within fifteen (15) workinq davs after the emolovee should reasonablv have known of the event, the emplovee should attemot to resolve the grievance on an informal basis bv discussion with the emplovee's immediate supervisor. SECTION E. FORMAL GRIEVANCE PROCEDURE. 1. First Level of Review: Next Level Supervisor If the emplovee is not able to resolve the qrievance.after discussion with the emalovee's immediate suqervisor, within ten (101 working davs after the informal discussion with the immediate suoervisor, the ernalovee shall present the prievance in writinq to the next level supervisor on the official Citv arievance form settina forth the followinq information: a. The specific section of the rules or MOU alleqedlv violated. b. The specific act or omission which gave rise to the alleaed violation. c. The date or dates on which the violation.occurred. d. Documents. witnesses or evidence in suoport of the qrievance. e. The resolution of the qrievance at the informal stape. f. The remedv repuested. ~ ~ A coav of the arievance shall be arovided to the Human Resources Division of the Administrative Services Deoartment concurrentlv with presentation to the immediate supervisor. 2. Deaartment Head Review If the emolovee does not apree with the decision of the next level level supervisor received the qrievance but failed to issue a decision the emplovee shall aresent the prievance in writina, on the qrievance form. to the department head. The deaartment head mav require the emplovee and the immediate supervisor to attend a ctrievance meetinp The deoartment head shall arievance meetina whichever is longer. 3 Administrative Services Director or Desiqnee deoartment head's decision or twentv (201 workinq davs from the date the department head received the qrievance but failed to issue a decision, the emplovee shall present the qrievance in writina to the ~^~^^ o°°^~~~^°° ^^~R~ "„",a:,~~Administrative Services Director or desiqnee on th_e_ official Citv arievance form. The Administrative Services Director or desiqnee mav repuire the emplovee and the immediate suaervisor to a decision in writinq within ten (101 workinq davs of receivinq the qrievance or the holdinq of a qrievance meetinq whichever is lonqer. 4. Human Resources Commission If the emplovee is not in aqreement with the decision of the #aa~aa oe~„ .,.e~ .,..a o•~~ nn.,.,.,q~.Administrative Services Director or desiqnee or if the Human Resources Manaqer has failed to respond, the emplovee shall aresent the qrievance to the Human Resources ~~ 't°Y~e'~~.. Commission within ten (101 workinq davs from the date of receiot of the u o ,~ o• ~ nn Administrative Services Director or desiqnee's decision or twentv (20) davs from the date the ~aa °~~~.:,..~~ ~. ~°' ~^.~.~ ~: ~~~Administrative Services Director or desiqnee received the arievance but failed to issue a decision SECTION F. APPEAL TO HUMAN RESOURCES COMMISSION 1. Schedulina of Hearinp The Commission shall schedule a hearinq The a~peal hearina shall be set not less than twentv (201 workinq davs nor more than sixtv (60) workinq davs from the date of the filinq of the aopeal All interested parties shall be notified in writina of the date time and olace of the hearina at least ten (10) workinq davs ~rior to the hearinq 2. Public Hearinas All hearinps shall be o~en to the qublic 3. Pre-Hearina Procedure a. Sub~oenas The Human Resources Commission .is authorized to issue subooenas at the reauest of either oartv orior to the commencement of the hearinq After the commencement of the hearina, subpoenas shall be issued bv the Commission onlv for qood cause. Each oarty will arepare their own subqoenas and present them to the Human Resources Division of the Administrative Services Deoartment and the other qartv The Deo artment witl serve subqoenas for current City em~lov ees It will be the res~onsibilitV of the emolovee or the Citv to serve sub ooenas on individuals who are not currentlv emqlo ved bv the davs before the date of the hearinq b. Exhibits and Witness Lists Five (51 workina davs prior to the date set for the hearinq each partv shall serve u~on the other oartv and submit to the Human Resources Division of the Administrative Services Deqartment a list ~ ~ of all witnesses and a list and coav of all exhibits. An oriainal and hole' notebooks which are tabbed down the side with the exhibit Neither partv will be aermitted to call durinq the hearina, a witness not identified qursuant to this action nor use anv exhibit not provided pursuant to this section unless that partv can show that thev could not reasonabiv have anticiaated the orior need for such witness or such exhibit. c. Statement of Issues Five (5) workinq davs qrior to the date set for the hearinp, each partv shall submit to the Human Resources Division of the Administrative Services Department a Statement of Issues. 4. Submission to the Human Resources Commission qrievance documents at each level and the responses to the arievance. 5. Pavment of Emolovee Witnesses Emplovees of the Citv who are subqoenaed to testifv durinq workinq hours Emqlovees who are subpoenaed to testifv durinq non-workinq hours will 6. Conduct of the Hearinq a. The hearinq need not be conducted in accordance with technical rules relatinq to evidence and witnesses but hearinqs shall be conducted in a manner most conducive to determination of the truth. b. Anv relevant evidence mav be admitted if it is the tvoe of evidence . on which resaonsible persons are accustomed to relv in the conduct of serious affairs, reqardless of the existence of anv ~~ common law or statutorv rules which might make improaer the admission of such evidence over obiection in civil actions. c. Hearsav evidence mav be used for the purpose of suaplementinq or explaining anv direct evidence that shall not be sufficient in itself to support a findinq unless it would be admissible over obiection in civil actions. d. The rules dealing with privile4es shall be effective to the same extent that thev are now or hereafter mav be recoqnized in civil actions. e. Irrelevant and undulv repetitious evidence mav be excluded. f. The Human Resources Commission shall determine relevancv. proceedinqs. g. During examination of a witness, all other witnesses, exceat the parties, shall be excluded from the hearinq upon motion of either partv h. The Human Resources Commission mav conduct the hearing or delectate evidentiarv and/or orocedural rulinqs to its leqal counsel. 7. Burden of Proof In a qrievance appeal the arievant has the barden of proof bv preponderance of the evidence. 8. Proceed with Hearinq or Re4uest for Continuance Each side should be asked if it is readv to proceed. If either side is not readv and wishes a continuance, qood cause must be stated. Anv reauest for a continuance must be made in writinq and submitted prior to the hearinq to all parties. Before reauestinq a continuance, the movina 9. Testimonv Under Oath hand and resaond to the foflowinq: ~ I' 10. Presentation of the Case a. The Human Resources Commission Chair shall announce the issues after a review of the statement of issues aresented bv each partv c. The resoondent (Citv) shall be permitted to make an openinq statement, orreserve an openina statement until presentation of its case. d. The qrievant shall produce the qrievanYs evidence. e. The respondent mav then offer its evidence. f. The ~ qrievant followed bv the respondent mav offer rebutting evidence. a. Ciosinq arquments shall be permitted at the discretion of the Human Resources Commission. The qartv with the burden of on closinq ar4uments. The Commission or the aarties may request the submission of written briefs. After the reauest for submittal of written briefs. the Commission will determine whether to allow the oarties to submit written briefs.and determine the number of papes of said briefs. 11. Procedure for the Parties The qarty reqresentinq the department and the oartv representinq the emqlovee will address their remarks, includinq obiections, to the Chair of ~ the presentation of their case. - 12. Riqht to Control Proceedinas While the parties are qenerallv free to present their case in the order that thev prefer, the Chair reserves the riqht to control the proceedingsa includinq, but not limited to, alterina the order of witnesses. limitinq redundant or irrelevant testimonv. or by the direct puestioninq of witnesses. 13. Hearinq Demeanor and Behavior All qarties and their attornevs or representatives shall not, bv written submission or oral presentation, disqarape the intelliqence, ethics, morals, inteqritv or qersonal behavior of their adversaries or members of the Commission. 14. Deliberation Upon the Case The commission will consider all oral and documentary evidence the credibilitv of witnesses, and other approqriate factors in reachinq their workinq davs. 15. . Recommended Decision The Human Resources Commission shall render its recommendations as soon after the conclusion of the hearinq as qossible, and no event, later than ten (10) workinq davs after concludina the hearina. unless otherwise stipulated to bv the qarties. The recommended decision shall include an explanation of the basis for the decision. The Human Resources Commission shall not be oolled as to their decision bv the qrievant or the qrievanYs counsel. 16. Recommendation to the Citv Manaqer The decision of the Human Resources Commission is advisory to the Citv Manaaer. The proposed decision shall be orovided to the qrievant and the City Manaper. Either the emplovee or the deqartment may file a written aopeal to the proposed decision, bv filinp exceptions thereta with the ^^a,-~~~ ~"~q~~Administrative Services Director or desiqnee within ten (10) workinq davs of receipt of the Commission's recommended decision. ~~ 17. Final Action bv Citv ManaQer Within ten (10) working davs of the filing of exceptions, or with+n ten (10) workina davs of receipt of the t~ansc~iqt, the Citv Manaaer shall review the decision of the Commission anv exceptions'filed, and a record, if one is repuested. The decision of the Citv Mana4er shall be~final. The decision shall be transmitted to the emolovee and to the deaartment head. 1. Reauest for Hearing Within ten (101 workina davs after final notice of suspension, demotion or Clerk; In accordance with Government a. An admission or denial of each charqe set forth in the final notice, . with an explanation whv the charqe is admitted or denied. b. A statement of anv affirmative defenses. d. The emplovee's current address. e. A request for a hearing, Failure to qrovide this information mav result in the aaqeal not beina processed. ~ transcri~t. , appeal shall include the followin4: e t . Y ~ h i~.4~i . .. 2. Schedulina of Hearinq Upon receipt of the repuest for an appeal; the City Clerk shali, within thirtv ~'~~,. 3. Private or Public Hearinqs All hearinqs shall be arivate; provided that the emqlovee mav request a hearinq ooen to the aublic. Anv request for an open hearinq shall be submitted five (5) workina davs prior to the hearinq date or the hearinq will be closed. 4. Pre-Hearinq Procedure a. Subpoenas commencement of the hearinq. After the commencement of the hearinp, subpoenas shall be issued bv the Commission oniv for good cause. Each qartv will prepare their own subpoenas and present them to the Human Resources Division of the Department will issue the subooenas. The Human Resources Division of the Administrative Services Department will serve subqoenas for current citv emalovees. It will be the responsibiliN of the emplovee and the citv to su6mit the written reauest for subpoenas at least ten (10) workina davs before the date of the hearinq• b. Exhibits and Witness Lists Five (5) workina davs orior to the date set for the hearinp. each partv shall serve uaon the other partv and submit to the Fluman Resources Division of the Administrative Department a list of all witnesses and a list and copv of all exhibits. An oriqinal and nine (91 coaies of the exhibits shall be presented to the Human ~~ the hearinq at least ten (10~ workinq davs qrior to the hearinq. Resources Division of the Administrative Services Department in 3- hole notebooks which are tabbed down the side with the exhibit Neitner partv will be permitted to call durina the hearinq, a witness not identified pursuant to' this section nor use anv exhibit not pro4ided pursuant to this section unless that partv can show that c. Statement of Issues Five (5) workina davs qrior to the date set for the hearinq, each partV shall submiti to the Human Resources Division of the Administrative Services Deqartment a Statement of Issues. 5. Submission to the Human Resources Commission Five (5) workin4 davs prior to the date set for the hearing, the Human 6. Record of Proceedinqs and Costs a. Court Reporter All discialinarv appeal hearin4s mav, at the discretion of either partv or the Commission be recorded bv a court reporter. Anv hearina b. Pavment of Emplovee Witnesses ~ intent to take disciqlinarv action, the final notice of disciolinarv action, and anv response from the emolovee to these documents as well_as_ the statement of issues submitted bv both qarties. The Commission shall not be provided with copies of the exhibits. court reporter the cost will be salit epuallv. If the Commission reauests the court reporter the Citv shall pav the cost of the reqorter. du~ina non-workinq hours will be compensated for the time thev actuallv testifv, unless the Citv aqrees to a different arranqement. 7. Conduct of the Hearinq a. The hearinq need not be conducted in accordance with technical rules relating to evidence and witnesses but hearincas shall be conducted in a manner most conducive to determination of the truth. b. Anv relevant evidence mav be admitted if it is the tvpe of evidence on which resoonsible persons are accustomed to relv in the conduct of serious affairs. reqardless of the existence of any common law or statutorv rules which micaht make improqer the admission of such evidence over obiection in civil actions. to support a findinq unless it would be admissible over obiection in civil actions. d. The rules dealinq with privileqes shall be effective to the same extent that thev are now or hereafter mav be recoanized in civil actions. e. Irrelevant and undulv repetitious evidence mav be excluded. bv the Commission shall not be invalidated bv any info~malitv in the proceedings. q. Durinq examination of a witness. all other witnesses, exceqt the parties, shall be excluded from the hearina upon motion of either Pa~• h. The Human Resources Commission mav conduct the hearinqs or dele4ate evidentiarv and/or procedural rulinas to its leaal counsel. 8. Burden of Proof In a disciplinary appeal the emplover has the burden of proof bv preponderance of the evidence. ~ 9. Proceed with Hearina or Reauest for Continuance Each side should be asked if it is readv to proceed. If either side is not 10. Testimonv Under Oath All witnesses shall be sworn in for the record arior to offerina testimonv at the hearina. The chairperson will request the witnesses to raise their riqht hand and resqond to the foliowinq: "Do you swear that the testimonv vou are about to aive at this hearin4 is the truth,.the whole truth and nothina but the truth?" 11. Presentation of the Case a. The Chair shall announce the issues after a review of the statement of issues presented bv each qart~ , b. The partv imaosing disciqline (deaartment) shall be aermitted to make an: oaeninq statement. c. The apoealinq qartv (emaloveel shall be permitted to make an openinq statement, or reserve an ooeninp statement until presentation of their case. d: The partv imposina disciplinarv action (departmentl shall aroduce their evidence. e. " The qartv appealinq from such disciplinarv action (emplovee) mav then offer their evidence. g: Closinq arquments shall be permitted at the discretion of the Human Resources Commission: The oartv with the burden of limit ~ partv shall contact all aarties to determine if there is any opqosition to the continuance and shall state in its reauest if there is oqqositian. ;..,. on closinp arquments. The Commission or the parties mav request the submission of written briefs. After the reauest for submittal of - written briefs. the Commission will determine whether to allow the ~arties to submit written briefs and determine the number of baaes of said briefs. 12. Procedure for the Parties The partv representina the deqartment and the partv representin4 the emplovee will address their remarks, includinq obiections, to the Chair of the Human Resources Commission. Obiections mav be ruled uoon summarilv or arqument mav be aermitted. The Chair reserves the riaht to the presentation of their case. 13. Riaht to Control Proceedinas While the oarties are aenerallv free to oresent their case in the order that thev brefer the Chair reserves the riqht to control the proceedinqs, includina but not limited to, alterinq the order of witnesses, limitinq redundant or irrelevant testimonv, or bv the direct questionina of witnesses. 14. Hearina Demeanor and Behavior All oarties and their attornevs or reqresentatives shall not, bv written Commission. 15. Deliberation Upon the Case The Human Resources Commission mav choose to either deliberate the case in public or adiourn to closed session to deliberate. The Commission will consider all oral and documentarv evidence, the credibilitv of or at a later fixed date and time. The Commission mav deliberate at the Commission and the appealina oartv (emplovee), the deliberation aeriod mav be extended for up to an additional ten (10) workinq davs. ~~ 16. Written Findincas and Recommended Decision The Numan Resources Commission shall render their findin4s and ~ecommendations as soon after the condusion ofthe hearinq as possible, and no event. later than ten (10) workinq davs 'after concludina the The Human Resources Commission mav recommend the .sustainina or The Human Resources Commission shall not be polled as to their decision by the qrievant or the arievant's counsel. 17. Recommendation to the Citv Manaqer The decision of the Human Resources Commission is advisorv fo the Citv Manaqer. The proposed decision shall be filed with the charged emplovee, the department head and the Citv Manaaer, and shall set forth be reinstated. Either the emplovee or the department mav file a written aopeal to the proposed decision, findinps and conclusions of the Commission within ten (10) working days of the decision bv filinq exceptions thereto with the Adrriinistrative Services Director or desiqnee. The partv desirinq to contest the. recommended decision of the transcriat. 18. Final Action bv City Manaqer ~~ recommends reinstatement of the terminated emqlovee, the emplovee is ~ sy 54 4 seeks to modifv or reverse the decision of the Commission, the City Manager shall review the transcciat. The decision of the Citv Manaqer shall be final. The decision shall be transmitted to the emplovee apqealinp disciplinarv action and to the deqartment head. 19. Judicial Review a. Petition for Writ of Mandate Judicial review of anv decision of the City Manaqer may be had section is filed within the time limits soecified in this section. b. 90 Dav from Final Decision decision. ~ ~i . ~kiflt r'A'i•^:. ~. . ~ I ~ ; ~:~, ~~ 5~34 PlEA N/~!~ ~4 a~a4 ~98~ ~~ INDEX TO PERSONNEL RULES & REGULATIONS REVISION ~F THE PLAN 6 DISCIPLINARY ACTIONS. VOLUNTARY DEMOTIONS & LAYOFFS 19 GROUNDS FOR DISCIPLINE 22 HEARING PROCEDURE 21 TYPES OF DISCIPLINARY ACTION 19 VOLUNTARY DEMOTION 21 DRUG AND ALCOHOL POLICY 25 LIFE OF LISTS 14 EMPLOYEE GRIEVANCES 33 ~~ PHYSICAL EXAMINATION AND PROCEDURE 29 POLICY APPLICATION 25 PURPOSE 25 HUMAN RESOURCES COMMISSION 32 MAINTENANCE OF RECORDS 32 PROBATIONARY PERIOD 17 LENGTH OF PROBATIONARY PERIOD 17 RECRUITMENT. SELECTION AND APPOINTMENT 8 ~~ OUTSIDE EMPLOYMENT 1 TENURE OF OFFICE 1 REQUISITIONS 15 VERIFICATION OF LAWFUL WORK STATUS 13 , REPORTS FROM DEPARTMENTS 31 DEPARTMENTALRULES 32 31 ~~