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Town Council Resolution No. 08-2025 May 21, 2025
RESOLUTION NO. 08-2025
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING
RULE VIII SECTION 13. (TEMPORARY UPGRADE INCENTIVE) OF THE TOWN’S
PERSONNEL RULES AND REGULATIONS
WHEREAS, Chapter 3 of the Tiburon Municipal Code provides for the maintenance of an
effective personnel system; and
WHEREAS, it is necessary, from time to time, to amend the Town’s Personnel Rules and
Regulations, so that it may reflect modern personnel administration procedures and newly
legislated law; and
WHEREAS, the Town desires to have fair pay for employees asked to perform significant duties
of a higher classification for longer than two weeks; and
WHEREAS, in2025, the staff and representatives from the Tiburon Police Association (TPOA)
met and conferred in good faith and concur; and
WHEREAS, the Town’s Personnel Rules and Regulations has been amended to reflect the
addition of Temporary Upgrade Incentive in Rule VIII, Section 13.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does
hereby adds Rule VIII, Section 13. Temporary Upgrade Incentive of the Town’s Personnel Rules
and Regulations, adopts the revised Town Personnel Rules and Regulations (Attachment A) and
approves the side letter agreement (Attachment B) between the Town and the Tiburon Police
Association.
PASSED AND ADOPTED by the Town Council of the Town of Tiburon on May 21, 2025, by
the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Ryan, Thier, Welner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
HOLLI THIER, MAYOR
ATTEST:
LEA DILENA, TOWN CLERK
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TOWN OF TIBURON
PERSONNEL RULES &
REGULATIONS
. Adopted April 6, 2005
Amended November 6, 2019 and May 7, 2025
ATTACHMENT A
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Originally Adopted on April 6, 2005 by Council Resolution 13°2005 1 •
TABLE OF CONTENTS
Page No.
RULE I. PERSONNEL SYSTEM ........................................................................................... 1
Section 1. Personnel System - Established: Purpose ......................................................... 1
Section 2. Personnel Officer - Duties and Powers .............................................................. 1
Section 3. Personnel System ............................................................................................... 1
Section 3.1. Personnel Rules and Regulations ................................................................. 1
Section 3.2. Application .................................................................................................. 2
Section 3.3. Salary and Benefits Plans ............................................................................ 3
Section 3.4. Administrative Policies of the Town Manager ............................................ 3
Section 3.5. Memoranda of Understanding ..................................................................... 3
Section 4. Definition of Terms ............................................................................................ 3
Section 5. Violation of Rules .............................................................................................. 6
RULE IL APPLICATION AND APPLICANTS ....................................................................... 6
Section 1. Applications ...................................................................................................... 6
Section 2. Disqualification of Applicants ........................................................................... 6
Section 3. Exceptions: Employment of Close Relations ................................................... 6
RULE III. SELECTION FOR EMPLOYMENT OR PROMOTION, .................................... 7
Section 1. Examinations Required ...................................................................................... 7
Section 2. Nature of Examinations ..................................................................................... 7
Section 3. Scope of Examination ........................................................................................ 7
Section 4. Qualifying Grades and Rating Examinations ..................................................... 7
Section 5. Notification of Results ........................................................................................ 7
Section 6. Establishment of Eligible List ........................................................................... 8
Section 7. Effective Dates ................................................................................................... 8
Section 8. Removal of Names ............................................................................................. 8
Section 9. Appointing Authority ......................................................................................... 8
RULE IV. APPOINTMENTS ................................................................................................. 8
Section 1. Types of Appointment ........................................................................................ 8
Section 2. Preparation for Appointment. ............................................................................. 9
Section 3. Provisional Appointment .................................................................................... 9
Section 4. Temporary Appointment. ................................................................................... 9
Section 5. Limitations on Outside Employment.................................................................. 9
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Page No.
RULE V. CLASSIFICATION OF POSITIONS ................................................................. 10
Section 1. General............................................................................................................ 10
Section 2. Exempt/Non-Exempt Designation .......................................................... ....... 10
.Section 3. Preparation of Plan .......................................................................................... 10
Section 4. Changes in Duties of Positions ....................................................................... 10
Section 5. New Positions ................................................................................................. 10
Section 6. Position Description ........................................................................................ 10
Section 7. Reclassification...... ...................................................................................... 11
Section 8. Advancement Salary Limitations .................................................................... 11
Section 9. Transfer ....................................................................................-.............. ...... 11
RULE VI. PROBATIONARY PERIOD ................................................., ............................. 11
Section 1. Period .............................................................................................................. 11
Section 2. Objectives of Probationary Period .................................................................. 12
Section 3. Extension of Probationary Period ................................................................... 12
Section 4. Regular Appointment. ..............., .................................................................... 12
Section 5. Rejection of Probationerꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏ.ꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏ;ꞏꞏꞏꞏꞏꞏ12 .
RULE VII. HOURS OF WORK AND OVERTIME ................................................................ 12
Section 1. Schedule of Ordinary Work Week...., .............................................................. 12
Section 2. Flex Time ......................................................................................................... 12
Section 3. Overtime .......................................................................................................... 13
RULE VIII. COMPENSATION ................:........................................................., ....................... 13
Section 1. Preparation of Salary and Benefits Plan Program ............................................ 13
Section 2. Salary and Benefits Plan Explained ...............,......., ......................................... 13
Section 3. Salary Advancement ......................................................., ................................ 13
Section 4. Withholding Advancement ............................................................................. 13
Section 5. Effect of Salary Adjustments .......................................................................... 14
Section 6. Reclassification ............................................................................................... 14
Section 7. Demotion ......................................................................................................... 14
Section 8. Anniversary Date ............................................................................................ 14
Section 9. Schedule for Computing Fractions ................................................................. 14
Section 10: Pay Periods...................................................................................................... 14
Section 11 Reimbursement for Job Expenses ......................................_. ........................... 15
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Page No.
Section 1012. Compensation for Part-Time Employees .............................................ꞏ ....... 15
Section 13. Temporary Upgrade Incentive……………………………………………….15
RULE IX. LEAVES OF ABSENCEK ................................................................................. 15
Section 1. Legal Holidays ................................................................................................. 15.
Section 2. Sick Leave ....................................................................................................... 15
Section 3. Sick Leave Accumulation ................................................................................ 16
Section 4. Sick Leave Notification and Proof of Illness ................................................... 16
Section 5. Proof of Illness ................................................................................................. 16
Section 6. Industrial Accident Leave ................................................................................ 16
Section 7. Leave With Pay................................................................................................ 16
Section 8. Family and Medical Leave .............................................................................. 17
Section 9. Pregnancy/Maternity Disability Leave ............................................................ 20
Section 10. Other Leaves of Absence .................................................................................. 21
Section 11. Personal Matters or Hardship ........................................................................... 23
Section 12. Administrative Leave....................................................................................... 23
RULE X. REPORTS AND RECORDS ꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏ 23
Section 1. Roster Card ...................................................................................................... 23
Section 2. Reports to the Personnel Clerk ........................................................................ 23
Section 3. Access to Administrative Records.......................................... ....................... 23ꞏ
Section 4. Evaluation of Performance .............................................................................. 23
Section 5. Accident Reportse............................................................................................ 24
RULE XI. TRAINING OF EMPLOYEES ........................................................................... 24
Section 1. Responsibility for Training .............................................................................. 24
Section 2. Credit for Training......................................' ..................................................... 24
Section 3. Training Expenses ........................................................................................... 24
RULE XII. EMPLOYEE MORALE AND WELPARE......................................................... 24
Section 1. Powers of Investigation ................................................................................... 24
Section 2. Employee Grievance ....................................................................................... 24
Section 3. Employee Grievance Procedure ...................................................................... 24
RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVlCE ................. 26
Section 1. Types of Disciplinary Actions ........................................................................ 26
Section 2. Notifi.cationNotification of Action ................................................................... 27
Section 3. Suspension ....................................................................................................... 27
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Page No.
Section 4. Demotion.......................................................ꞏ ................................................. 27
Section 5. Reduction in Salary ........................................................................................ 27
Section 6. Discharge ...........; ........................................................................................... 27
Section 7. Causes for Discipline ...._ ................................................................................. 28
Section 8. Appeal ............................................................................................................ 28
Section 9. Layoff ............................................................................................................. 28
Section 10. Resignation ..................................................................................................... 28
Section 11. Abolition of Position ...................................................................................... 29
Section 12. Compensation Upon Separation ..................................................................... 29
RULE XIV. POLICIES GOVERNING CONDUCT ............................................................... 29
Section 1. No Discrimination ........................................................................................... 29
Section 2. Sexual Harassment Policy................................................................................ 30
Section 3. Conflict of Interest ........................................................................................... 31
Section 4. Political Activity…………………………………………………………………………………31
Section 5. Drug free Workplace Policyꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏꞏ' ꞏꞏ 32
Section 6. Drug/Alcohol Policy ....................................................................................... 33
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PERSONNEL RULES AND REGULATIONS
RULE I. PERSONNEL SYSTEM
Section 1. Personnel System - Established: Purpose: Pursuant to Chapter 3 of
the Town Code, the Town of Tiburon has established a personnel system. The purpose of the
personnel system is to assure: recruitment, selection, and retention of employees on the basis
of merit; promotion _on the basis of demonstrated ability; and compensation and personnel
practices that will enable the Town to compete for highly qualified personnel with similar
organizations. '
Section 2. Personnel Officer - Duties and Powers: The Town Manager, or his or
her designated appointee, shall be the Personnel Officer. The Personnel Officer shall:
administer the position classification plan and recommend appropriate and necessary
revisions; administer salary and benefits plans; keep an official roster of officers and
employees, and maintain such other records as may be required; enforce the provisions of
these rules; and perform all lawful and necessary duties essential to the effective
administration of the personnel system, including such additional rules and regulations
revisionsꞏas may be promulgated from time to time pursuant to these rules.
Section 3. Personnel System: The established personnel system for the Town
shall consist of the following:
1. Personnel Rules and Regulations.
2. Salary and Benefits Plans.
3. Administrative Policies of the Town Manager.
4. Memoranda of Understanding.
5. Additional rules and regulations promulgated pursuant to these rules.
Section 3.1. Personnel Rules and Regulations: The Personnel Officer shall
administer the personnel system in accordance with personnel rules and regulations adopted
by resolution of the Town Council. The Town Manager shall prepare and present proposed
rules and regulations to the Town Council. Personnel rules and regulations shall provide for:
a. the classification of all employed positions based on the duties,
authority and responsibility of each position with adequate provisions
for reclassification of any position whenever warranted;
b. methods for determining the merit and fitness of candidates for
appointment or promotion;
c. policies and procedures concerning reductions in force and removal of
employees;
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d. policies and procedures governing relationships with employee
organizations;
e. grievance procedures;
£ procedures for disciplinary actions for just cause; and,
_g. other related policies and procedures.
Some of the elements of the Personnel Rules and Regulations maybe set forth in separate
documents.
Section 3.2. Application:
Rule XIV of these Personnel Rules and Regulations shall apply to all officers and
employees in the service of the Town. Rules I-XIII shall apply to all officers and employees
in the service of the Town, with the following exceptions:
a. Members of the Town Council
b. Members of appointive boards, commissions and committees
c. Persons engaged under contract to supply expert, professional or
technical or any other services
d. Volunteer personnel
e. Town Manager is subject only to Rule IX and such other rules as may
be provided by agreement •
f. • Town Attorney is subject only to Rule IX and such other rules as may
be provided by agreement
g. Department Heads and other management positions designated by the
. Town Council are subject only to Rules IX and X and such other Rules
as the Town Council expressly provides shall apply to their position.
In the event of a conflict between any employee's written Employment
Agreement and these Personnel Rules and Regulations, the
Employment Agreement shall govern with respect to said employee
h. Emergency employees who are hired to meet the immediate
requirements of an emergency condition, such as extraordinary fire,
flood, earthquake,- etc., which threatens life or property
1. Employees, other than those listed elsewhere in this section, who are
not regularly employed in regular full-time or regular part-time
positions
J. Temporary or seasonal employees, whether part-time or full-time
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k. Any position primarily funded under a State or Federal employment
program
1. Any new position hereafter created by the Town Council, unless
declared by the Town Council to be in the competitive service at the
time of creation or thereafter
Section 3.3. Salary and Benefits Plans: Salary and Benefits Plans shall be
established by resolution of the Town Council from time to time. The Plans shall set forth
those benefits including, but not limited to, health insurance and retirement which may be
provided for employees, and the methods of participation. Salary and Benefits Plans
resolutions shall, at a minimum, provide the following schedules:
a. The positions and retained services currently authorized;
b. The salary ranges applicable to each group of employees together with
the ranges applicable to each authorized position;
c. A policy outlining the use of allowances and other reimbursable items;
and,
d. A policy for the appropriation of benefits.
Salary and Benefits Plans are intended to provide for the immediate personnel
requirements of the Town, and may, therefore, be amended from time to time by resolution to
fulfill municipal requirements.
The annual municipal budget shall make such appropriations as necessary to fund the
provisions of Salary and Benefits Plans.
Provisions of Memoranda of Understanding with recognized employee organizations
may contain provisions pertaining to salary and benefits that may be utilized by the Town in
lieu of a Salary and Benefits Plan.
Section 3.4. Administrative Policies of the Town: Administrative policies of the
Town shall be promulgated by the Town Manager in writing to interpret, amplify or apply
the provisions of the personnel system, consistent with State law. These administrative
policies, unless modified or rescinded by the Town Council, shall have the same authority as
all other portions of the personnel system.
Section 3.5. Memoranda of Understanding: In the event the provisions of these
rules contradict those included in any Memorandum of Understanding adopted by the Town
Council, and in effect between the Town of Tiburon and a formally recognized employee
organization, the terms of the Memorandum of Understanding shall prevail.
Section 4. Definition of Terms: The following terms, whenever used in these
Personnel Rules and Regulations shall be defined as follows:
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A. Advancement: A pay increase within the limits of the salary range
established for a classification generally, but not necessarily, based on a year of satisfactory,
continuous service.
B. Allocation: The official assignment of an individual position to its
proper classification in accordance with the duties performed, and the authority and
responsibilities exercised.
C. Anniversary Date: The date that represents for an individual employee
the date used to compute changes in the employee's salary and benefits. The employee's
date of hire will be adjusted to the closest first day of the month for ease of calculation and
administration.
D. Applicant: A person who has filed an application for an examination.
E. Appointment: The offer to and acceptance by a person of a position in
accordance with the provisions of these Rules and Regulations.
F. Appointing Authority: The Town Manager and/or other official
designated by the Town Manager or Town Council having the power to make appointments
to the position to be filled.
G. Candidate: An applicant who is participating in an examination.
H. Certification:ꞏ The act of providing verification of eligibility for
• employment as provided for in these Rules and Regulations.
I. Class or Classification: A position or group of positions with duties
and responsibilities so similar that the same descriptive title, duties, recruiting standards, and
salary range can be applied with equity.
J. Close Relation: Mother, father, mother-in-law, father-in-law,
grandmother, grandfather, son, daughter, husband, wife, brother, sister, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, step-parents, or other person with whom an employee
has a special relationship based upon mutual love, respect and affection, such as a domestic
partner (as defined in Section 297 of the Family Code or subsequent law), significant other,
or fiancé, as well as such other person's mother, father, mother-in-law, father-in-law,
grandmother, grandfather, son, daughter, brother, sister, son-in-law, daughter-in-law, brother-
in-law, sister-in-law, step-parents.
K. Competitive Service: The positions that are included or which may
hereafter be included under the personnel system.
L. Date of Hire: The date on which the employee was officially
employed by the Town.
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M. Demotion: The change in status of an employee from a position in one
class to a position in a different class having a lower maximum rate of salary, and/which has
less difficult duties and responsibilities.
N. Eligible. A person whose name is recorded on an eligible list and
who may be legally appointed to a vacant position in the competitive service in accordance
with these Rules and Regulations.
0. Eligible List: A list of names of persons who have taken and passed
the examination for a position in the competitive service, and passed as provided in these
Rules and Regulations.
P. Examination: Any test or combination of tests used to measure
particular qualifications or abilities of candidates for a position.
Q. Memoranda of Understanding: Memoranda of Understanding are
signed agreements between recognized employee organizations and the Town, and which are
entered into pursuant to the Meyers-Milias-Brown Act.
R. Open Examination: A competitive examination for a particular class
in which all persons meeting the qualifications for the class, after submitting a proper
application, may participate, regardless of whether or not they are employed by the Town.
S. Probationary Period: A working, on the job, test period during which
an employee is required to demonstrate fitness for the duties to which the employee was
appointed, by actual performance of the duties of the position.
T. Promotion: The change in status of an employee from a position in
one class, to a position in a different class having a higher maximum rate of salary, and/or
which has more difficult duties and responsibilities.
U. Promotional Examination: A competitive examination for a particular
class restricted to persons who are already a part of the competitive service and employed by
the Town.
V. Provisional Appointment: An appointment acquired by a person who
possesses the minimum qualifications established for a particular class, and who has been
appointed to a position in that class in the absence of available eligibles.
W. Reclassification: The change in allocation of an individual position by
raising it to a higher, reducing it to a lower, or moving it to another class of the same level,
on the basis of significant changes in the kind or difficulty of duties and responsibilities in
that position.
X. Reduction: A salary decrease within the limits of the pay range
established for a classification.
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Y. Re-employment List: A list of names of probationary and regular
employees who are separated from the competitive service by abolition of position, lack of
work, or lack of funds.
Z. Regular Employee: An employee who has successfully completed his
or her probationary period and has been retained as hereafter provided in these rules.
AA. Reinstatement: The re-employment of a former employee without
examination within twenty-four (24) months following that employee's separation from the
service.
BB. Salary Range: A schedule of rates to be paid that is within specified
minimum and maximum amounts.
CC. Suspension: The temporary separation of an employee from his_ or her
position for disciplinary purposes with loss of pay.
DD. •Transfer: A change of an employee from one position to another
position in the same class or another class having the same pay range, involving the
performance of similar dut1es, and requiring substantially the same basic qualifications.
Section 5. Violation of Rules: Violation of the provisions of these rules
constitutes grounds for dismissal, rejection, or other disciplinary action by the department
head or Town Manager.
RULE IL APPLICATION AND APPLICANTS
Section 1. Applications: Application for employment shall be made on forms
prescribed by the Personnel Officer. These forms may solicit information covering.
education, experience, references, and other pertinent items. Fingerprints may be required
for sworn officers or for purposes of security. An application shall be completed and signed
by each applicant.
Section 2. Disqualification of Applicants: The Personnel Officer may refuse to
accept an application, or, subsequent to accepting an application, may disqualify a candidate
whenever it is found that the applicant does not possess the minimum qualifications for the •
class or position, or has been dismissed from public service for delinquency, or has made
false statements of material facts in his or her application, or has practiced deception or fraud
in securing eligibility, or has otherwise violated the provisions of these rules. The cause for
rejection shall be entered upon the record of the application and filed in conformity with
these rules, and the person affected shall be notified.
Section 3. Exceptions: Employment of Close Relations: Toe simultaneous
employment of close relations other than spouses or domestic partners in the same
department, shall not be allowed. However, the Town Manager may allow simultaneous
employment of close relations not in the same department.
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The Town may refuse to place spouses or domestic partners in the same department,
division or facility where on a case by case basis it is determined such placement has the
potential for creating adverse impact on supervision, safety, security, or morale, or where the
work involves potential conflicts of interest or other hazards greater for married or
domestically partnered couples than for other persons.
If co-employees marry or become domestic partners, the Town shall make reasonable
efforts to assign job duties so as to minimize problems of supervision, safety, security, or
morale. In the event two persons employed in the same Town department marry each other or
become domestic partners, and would thereby fall within the prohibitions listed in this policy,
one of such employees shall be transferred to a comparable vacant position, if any exists, in
another division or Town department. If no comparable position.is then vacant, the married
or domestically partnered employees may remain in their respective positions for up to six
(6) months. If any conflict exists at the end of six (6) months, the married or domestically
partnered employees may designate the one to be terminated, or the employee with less
seniority will be terminated.
RULE III. SELECTION FOR EMPLOYMENT OR PROMOTION
Section 1. Examinations Required: Written, oral, manual, and/or physical
examinations may be required for eligibility for any position with the Town as determined by
the Personnel Officer.
Section 2. Nature of Examinations: The examination process shall be impartial
and shall relate to those subjects, which in the opinion of the Personnel Officer, fairly
measure the relative capacities of the persons examined to execute the duties and
responsibilities of the position to which they seek appointment.
Section 3. Scope of Examination: Examinations may include investigation of
training and experience; tests of aptitude, particular abilities, general and technical
knowledge, manual skill, physical and mental fitness; and such other tests as are required to
discover the capabilities of applicants relative to the duties of the position. Outside personnel
planning, analysis and recruiting assistance may be called upon to conduct portions of
examinations as determined by the Town Manager.
Section 4. Qualifying Grades and Rating Examinations: In all examinations the
minimum grade, or standing by which eligibility is to be determined, shall be based upon all
factors of the examination. Failure in one part of an examination may be considered grounds
for declaring that the applicant has failed the entire examination or has been disqualified for
subsequent parts of an examination.
Section 5. Notification of Results: Each candidate shall be given written notice
of the examination results and, if successful, of final rating and relative order on the list of
successful candidates. Following any written examination, the examination key will be
available for inspection for three working days following such examination. Key inspection
shall be at such time and place and under such conditions of supervision that the Personnel
Officer may require. Any protest or complaint as to form, content, or administration of the
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examination must be filed in writing with the Town Manager during this three day period.
Upon receipt of a test or item protest, the Personnel Officer shall review the basis for protest
and make a determination that the items shall stand as keyed, be eliminated, or the key
modified and the test re-scored accordingly. Any candidate shall have the right to inspect his_
or her own examination papers after all phases of the examination have been completed and
scored, providing that he or she shall do so within thirty (30) days after the eligible list has
been established. An error in grading or rating, if called to the attention of the Personnel
Officer within one month after the announcement of examination results, shall be corrected.
Correction shall not, however, invalidate appointments previously made.
Section 6. Establishment of Eligible List: After each examination has been
scored and rated, the names of successful candidates shall be recorded in the order of their
standings on the examination.
Section 7. • Effective Dates: Eligible lists shall remain in effect for one year after
establishment. The effective date may be extended for a period not to exceed one year or
abolished before the expiration of the yearly period upon the recommendation of the
Personnel Officer and approval of the Town Manager.
Section 8. Removal of Names: The name of any person on the eligible list may
be removed by the Personnel Officer if: (1) the eligible person requests in writing that his or
her name be removed; (2) if he or she fails to respond to a written offer of employment
within five (5) business days next succeeding the mailing of notice; or (3) if a subsequent
report of a character investigation is unsatisfactory.
Section 9. Appointing Authority: The Town Manager may select for hire or
promotion, that individual who meets the needs of the Town, but only those position
classifications provided for in the current schedule of authorized paid positions set forth in a
Salary and Benefits Plan or in the current schedule of unclassified casual employment Such
action shall be based on merit.
RULE IV. APPOINTMENTS
Section 1. Types of Appointment: All vacancies in the competitive service shall
be filled by reinstatement, re-employment, promotion, transfer, demotion or original
appointment from an eligible list.
A. Reinstatement: A permanent employee who has resigned in good
• standing may be reinstated to a vacant position in the same class as his or her previous
position within a period of one year from the effective date of his or her resignation.
Reinstatement shall be on probationary status. After successful completion of the
probationary period, the employee shall be restored to full seniority as if service was
unbroken.
B. Re-Employment: The name of each employee who is laid off in
accordance with these rules shall be placed at the head of the eligible list for the class of
position which he or she held, and he or she shall be given preference in filling vacancies in
that class.
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C. Promotion: In the event it is desirable to fill a vacancy by promotion, the
Town Manager may have an examination prepared and administered to those persons holding
positions in lower classes. The preparation of the examination and the certification of
eligible employees shall follow the procedure as for original appointment outlined in these
rules.
D. Transfer: Upon recommendation by the supervisor or department
head, and approval of the Town Manager, or upon the employee's request and approval of
the Town Manager, an employee may be transferred from one class in one department or
organizational unit to a position of the same class in another organizational unit, or to a
comparable class. Transfer shall not be used to effect a promotion, demotion, advancement
or reduction. Such transfer shall not result in a loss to the employee of any accumulated
vacation, sick or other accrued leave balances.
E. Demotion: A position may be filled by demotion of an employee in
accordance with these rules or in the event of a necessary reduction in personnel due to lack
of work or funds. An employee may be demoted in preference to being laid off, not being
the result of disciplinary action.
Section 2. Preparation for Appointment: Insofar as practicable, vacancies should
be anticipated sufficiently in advance to permit the Personnel Officer to determine who may
be available for appointment, whether the position involved is properly classified, and if
necessary, to prepare a class specification and proceed to establish a list of eligible persons.
Section 3. Provisional Appointment: When there is no eligibility list, a person
meeting the minimum qualifications for the class and acceptable to the department head may
be appointed temporarily upon approval of the Town Manager. Time spent under provisional
appointment shall be credited to the probationary period or used for computing any privileges
accruing under the Personnel Rules and Regulations.
Section 4. Temporary Appointment: When workloads occur which do not
require full-time permanent employees, temporary help may be employed. Benefits,
including vacations and sick leave shall not accrue to temporary employees and such
employees shall not acquire permanent status for the period so employed. Temporary
employees serve at the will of the appointing authority and may be discharged with or
without cause.
Section 5. Limitations on Outside Employment: No full time regular or
probationary employee may, for profit or reward, engage in any outside occupation,
profession or activity without first receiving specific authorization from the Town Manager
within the policy limits set by the Town Council. In each case, and after discussion with the
department head, the Town Manager shall determine whether the proposed activity is
compatible with Town employment, reduces the efficiency of the employee in Town
employment, or adversely affects the employee's availability to work overtime. Conflict of
interest must be completely avoided by Town employees to ensure that a high standard of
ethics be maintained. Employees engaged in outside employment shall not use Town-owned
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equipment, including but not limited to, telephones, computers, e-mail, facsimile machines,
copiers, automobiles, trucks, tools, supplies or any other Town property while engaged in
outside employment, or allow any unauthorized person to borrow, rent or use any of
Town- owned- equipment or property.
RULEV. CLASSIFICATION OF POSITIONS
Section 1. General: Each regular position in the competitive service of the Town
shall be classified by the Town Manager. The classification shall consist of a position
description setting forth the skills, experience and responsibility attached to the position, and
the duties required of the position.
Classifications may be changed on the recommendation of the department head, with
the approval of the Town Manager, and shall become effective with the authorization of the
Town Council. In lieu thereof, the Town Council may initiate and make such changes in
classifications as it deems expedient and proper.
Section 2. Exempt/Non-Exempt Designation: Each classification shall be
designated as either exempt or non-exempt. Employees will be informed when they are hired
if they are considered an exempt or non-exempt employee. Exempt employees are certain
administrative, professional and executive employees. Exempt employees are excluded from
specific provisions of federal wage and hour laws. At-will employees are not necessarily
exempt employees. Non-exempt employees are all other employees. Non-exempt
employees are entitled to overtime pay under certain federal wage and hour laws.
Section 3. Preparation of Plan: The Personnel Officer, or any agency selected for
the purpose, shall ascertain and record the duties and responsibilities of all positions in the
Town. The classification plan shall establish appropriate titles for each class of positions and
describe the typical duties and responsibilities of the positions in each class. The
classification plan shall be so developed and maintained: that all positions substantially
similar with respect to the kind, difficulty, and responsibility of work are included within the
same class; that the same means of recruitment can be used for filling all positions within the•
class; and that the same schedule of compensation may be applied with equity under like
working conditions to all positions of the same class.
Section 4. Changes in Duties of Positions: Whenever a need for change in the
duties and responsibilities of any position occurs in which matters of classification may be
involved, the department head concerned shall notify the Town Manager. If necessary, the
Town Manager shall study the matter and recommend to the Town Council abolition,
consolidation, continuance, or re-allocation of the position.
Section 5. New Positions: Positions hereafter established shall be allocated to the
appropriate existing class, or to a new classification by the Town Manager.
Section 6. Position Description: Each classification shall be designated as being
either exempt or non-exempt for federal wage and hour law purposes.
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A. For purposes of compensation, any classification may be assigned to a
range within the group which, in the opinion of the Town Manager, is equivalent to the
skills, responsibility and experience of the employee so designated, and for which purpose
funds have been budgeted or allocated.
The class or position definition shall not necessarily prescribe the complete duties of
any position nor limit the authority of management to prescribe or alter the duties of any
position.
B. Examples of Duties: The list of examples of duties shall be illustrative of
the kind of work involved in positions in the class but not necessarily complete or all
inclusive.
C. Desirable Qualifications: The statement of desirable qualifications
shall be a general guide for the recruitment of employees. Certain qualifications, when not
expressly stated, shall be understood as required. These include but are not limited to the
ability to perform the essential job functions with or without reasonable accommodation.
Section 7. Reclassification: When a position is reclassified because of change in
duties or responsibilities, or other sufficient reasons, to a range having a different maximum
salary, the salary of the incumbent in such position shall be changed to the new range so that
the salary paid in the new range is equal to or greater than the salary paid in the former range
as may be determined by the department head with approval of the Town Manager. Such
adjustment will not affect the employee's anniversary date.
Section 8. Advancement Salary Limitations: Advancements in range, whether in
conjunction with advancements in classification, may be made only within the limits of the
annual salary program. The program may be amended as provided elsewhere in these rules
to accommodate advancements.
Section 9; Transfer: Transfer is the assignment of an employee to another
position in the same, or different department.
A. An employee transferred from one position to another shall not receive
less pay, except as the result of disciplinary action by the Town Manager. . .
B. An employee whose salary was not reduced by disciplinary action
shall be eligible for advancement to the next higher step in a new position range as
determined by the anniversary date, of the former position.
RULE VI. PROBATIONARY PERIOD
Section 1. Period: All employees hired for service in the Town shall complete
six months of continuous employment in a probationary status except in the case of sworn
peace officers whose probationary status will be eighteen months of continuous employment.
Normally, a probationer will be hired at the minimum of the classification range,
which is considered to be the probationary step. The Town Manager may authorize
• employment on a higher salary.
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Section 2. Objectives of Probationary Period: The probationary period shall be:
regarded as an integral part of the examination process and shall be utilized by management
to observe the employee's work; for securing the most effective adjustment of a new
employee to his or her position; and, for rejecting any probationary employee whose
performance does not meet required work standards.
Section 3. Extension of Probationary Period: With the approval of the Town
Manager, department heads may grant one or more extensions of the probationary period but
not to exceed an additional six months. •
Section 4. Regular Appointment: At the end of the probationary period, if the
department head desires to make a regular appointment of the employee, he or she shall file
with the Town Manager the prescribed performance evaluation reflecting that the employee's
services are satisfactory. If the employee's services are not satisfactory, the department head
shall file a performance evaluation rejecting the probationer, or requesting an extension as
defined in Section 3.
Section 5. Rejection of Probationer: During the probationary period, an
employee may be rejected at any time by the appointing authority for any reason, or for no
reason at all, and without the right of appeal. Notification of rejection in writing shall be
given to the probationer, and a copy filed with the Personnel Officer.
A. Any employee rejected during the probationary period following
promotion shall be reinstated to the position from which he or she was promoted, unless
charges are filed, and he or she is discharged in accordance with the provisions of the Town
Code; and
B. If a probationary employee is not certified by the Town Manager for
regular employment after six months of consecutive service within thirty days after the
completion of his probationary period, the service of such employee shall be terminated at
the expiration of such thirty-day period.
RULE VIL HOURS OF WORK AND OVERTIME
Section 1. Work Week: Employees are required to work the prescribed number
of hours per their employment agreement or as those set forth in the applicable memorandum•
of understanding. The exact hours will be determined by the Town Manager or department
director and may be modified from time to time.
Section 2. Alternative Work Schedule: The Town Manager may, in the best
interests of the Town and on a case-by-case basis, authorize an alternative work schedule for
an employee.
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Section 3. Overtime:
A. Overtime and holiday work shall be compensated in such a manner
and at such rates as are specified in a Memorandum of Understanding, or in policy rules and
regulations promulgated by the Town Manager and ratified by the Town Council.
B. Overtime provisions do not apply to department heads and any other
employee determined by the Town to be exempt,
C. Due to work levels, the Town may require employees to work overtime.
Employees who qualify as administrative, executive or professional employees within the
meaning of federal wage and hour laws are exempt from overtime pay and are not subject to
this rule. Employees covered by this rule must have their supervisor's prior approval, except
in emergency situations, to work overtime. The Town may discipline employees who work
unauthorized overtime.
RULE VIII. COMPENSATION
Section 1. Preparation of Salary and Benefits Plan Program: The Town Manager
shall from time to time prepare and submit to the Town Council a salary and benefits plan
schedule showing minimum and maximum wage rates for each class or positions in Town
service.
Section 2. Salary and Benefits Plan Explained: The beginning or normal hiring
rate shall usually be at the minimum of the compensation range. Employees may be eligible
to be advanced within their respective salary ranges as merited by progressive improvement
in job skills and work performance. In all advancements, the department head will initially
make the recommendation. The Town Manager will make the final approval and
advancement.
Section 3. Salary Advancement:
A. Union represented employees: The department head will be responsible
for evaluating each employee's performance within the department. The Town will consider
these performance evaluations in determining salary advancements. Advancements in salary
step will be made only upon the department head's recommendation and the Town
Manager's approval. Employees will be eligible for their first step increase as prescribed by
an applicable Memorandum of Understanding and annually thereafter.
B. Non-Union represented employees: The department head will be
responsible for annually evaluating each employee's performance within the department.
The Town will consider these performance evaluations in determining salary advancements
within the salary range. Advancements within the salary range will be made only upon the
department head's recommendation and the Town Manager's approval.
Section 4. Withholding Advancement: Supervisors and their superiors have the
authority and responsibility to recommend to the Town Manager that a salary advancement
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not be awarded if that salary advancement is not merited. Supervisors shall notify the
employee in writing as to the reasons for recommending that a salary advancement not be
awarded.
Section 5. Effect of Salary Adjustments: Employees may be promoted either in
classification or salary range, or both. In no case shall an advancement in classification or
range result in a lower salary than the salary previously paid.
Section 6. Reclassification: When a position is reallocated to a classification
with a higher salary range, an incumbent employee shall normally be placed at the minimum
of the new range. If the minimum is equal to the present salary, that employee may, upon
recommendation of the department head and approval of the Town Manager, receive more
than the minimum in the salary range of the new position.
When a position is reallocated to a classification with a lower salary range, the
incumbent employee's pay shall not be reduced while he or she continues to occupy the
position. If the present salary exceeds the maximum of the new range, the employee's salary
shall be frozen at its current level.
Section 7. Demotion: When an employee is demoted, that employee shall be
placed in the salary in the new class which is the same as or above the salary held prior to
demotion, provided said demotion is not the result of disciplinary acti9n.
ꞏ Section 8. Anniversary Date: The anniversary date of an employee is the first
day of the month that is closest to the date of hire. This is illustrated as follows:
A. 31-day months - day of hire date 1-16, first day of current month;
17-31, first day of next month.
B. 30-day months - day of hire date 1-15, first day of current month; 16-
30, first day of next month.
C. February- 1-14, first day of current month unless it is a leap year,
during which day of hire date of 1-15, first of current month; 15-28, first of next month; and
leap year, 16-29, first day of next month.
Section 9. Schedule for Computing Fractions: For the purposes of computing
fractions to compensate for less than full pay period worked, the rate of daily and hourly
compensation shall be determined in the following manner:
A. Daily - annual salary divided by 260 working days.
B. Hourly - daily salary divided by working hours in one day.
Section 10. Pay Periods: All regular and probationary employees shall be paid on
a bi-weekly basis in accordance with an applicable Salary and Benefits Plan. Compensation
for each period shall be for the immediately preceding 14 days, allowing for a 5-day lead time
between the pay day and the pay period being paid.
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Section 11. Reimbursement for Job Expenses: Employees will be reimbursed for
all routine expenses incidental to the proper performance of their jobs, provided such expense
claims are authorized in advance, are accompanied by appropriate vouchers and are receipts,
and approved by both the department head and Town Manager.
Section 12. Compensation for Part-Time Employees: Part-time or casual
employees shall be paid an hourly salary that is to be designated in a Salary Plan. Part-time
employees working less than 32 hours per week are not entitled to PERS benefits.
Section 13. Temporary Upgrade Incentive: If an employee is assigned to
perform significant duties of a higher classification, for longer than two weeks, such as out-
of-class duties of an upgraded position or classification at full capacity, the employee will
be eligible for:
For Tiburon Police Department non-management classifications: 4% of
their base pay.
For mid-management and management classifications, the percentage will
be a fixed percentage between 4% and 6% at the discretion of the Town
Manager and depending on the scope of duties and level of position.
RULE IX. LEAVES OF ABSENCE
Section 1. Legal Holidays: All employees occupying authorized, regular
positions shall be eligible for the holidays specified by the President of the United States or
the Governor of the State of California for a public fast, thanksgiving or holiday approved by
the Town Council. These holidays will be set forth in a Salary and Benefits Plan.
When a holiday falls on a Saturday, the preceding Friday shall be observed. However,
if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager
may designate the preceding Thursday or following Monday to observe the holiday. When a
holiday falls on Sunday, the following Monday shall be observed. However, when a holiday
falls on a Sunday and the following Monday is also a holiday, the Town Manager may
designate the preceding Friday or following Tuesday to observe the holiday.
Section 2. Sick Leave: Sick leave shall not be considered as a privilege that an
employee may use at his or her discretion but shall be allowed only in the case of necessity
or actual sickness or disability, and in the case of disability other than sickness, only where
such disability occurred while the employee was not gainfully employed elsewhere. Sick
leave shall be taken in minimum hour increments.
Sick leave may be taken for absences from duty made necessary by:
A. Personal illness, caused by factors over which the employee has no
reasonable immediate control.
B. Injury not incurred in the line of duty, except where traceable to
employment other than the Town.
C. Medical, dental or eye examination or treatment for which the
appointment cannot be made outside of working hours.
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D. Death of a close relation.
E. Hospitalization of a close relation where such leave is approved by the
department head; or
F. Care of a close relation, who is ill or injured, though not hospitalized.
Sick leave for the care of a close relation is limited to one week, at which point, RULE IX.
Section 8 Family Medical Leave would apply.
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Section 3. Sick Leave Accumulation: Sick leave with pay shall be granted to all
full-time employees. An employee shall accumulate one (1) day sick leave per month from
date of hire until terminated or on leave without pay as provided for in these rules.
Employees who are absent without pay for any reason for more than ten working
days-during a calendar month, shall not accumulate sick leave for that month.
Section 4. Sick Leave Notification and Proof of Illness: In order to receive
compensation while on sick leave, the employee shall notify his or her immediate supervisor,
prior to or at the time set for beginning his or her daily duties, or as may be specified by the
department head, of the reason for requiring such leave. Failure to reasonably do so may be
grounds for denial of such leave with pay.
Section 5. Proof of Illness: In any request for sick leave with pay is for three or
more calendar days, the department head may require a statement in writing signed by a
licensed physician, or the submission of other substantiating evidence, that the employee is
incapacitated and unable to perform his or her duties. The Town has the right to determine
by reasonable means the validity of any sick leave usage by any employee at any time.
A. Holidays During Sick Leave: Holidays and regular days off occurring
while an employee is sick or on special leave shall not be charged against such employee's
sick leave credits.
B. Termination of Sick Leave: Sick leave shall automatically terminate
on the date of retirement or on the date upon which an ordinary disability allowance under
the retirement system becomes effective.
Section 6. Industrial Accident Leave: If an employee is absent from work as
a result of any injury or disease which is qualified under the State of California Worker's
Compensation Insurance and Safety Act and approved by the Town’s third-party
administrator the absence shall be considered to be "industrial accident" leave for
workers compensation. Additional compensation equal to the difference between the
employee's regular pay and his or her worker's compensation allowance shall be charged
against accumulated sick leave.
In the case of public safety employees injured on duty, such employees shall receive
Worker's Compensation benefits as prescribed by State law.
Section 7. Leave With Pay: The following provide for leave with pay:
A. Military Service: Military leave shall be granted in accordance with
State and Federal statutes.
B. Jury duty at the call of the Jury Commissioner: All employees
occupying regular positions shall be allowed to leave for jury duty upon presentation of jury
notice to the department head or Town Manager. An employee shall receive full pay for the
time he or she is called for jury service. Monies received from the courts for jury duty will
be deposited with the Town of Tiburon.
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C. Vacation Leave: All non-management employees occupying a
position shown in a Salary and Benefits Plan become eligible for vacation leave with pay as
shown below, or as established by Memoranda of Understanding.
1. Vacation Leave Accrual: Yearly vacation leave with pay shall
be pro-rated and credited to each non-management employee at the following rates:
(a) First five years of service (month 0 through month 60): 1 day
per month, or 12 working days per year.
(b) Second five years of service (month 61 through month 120: 1½
days per month, or 18 working days per year.
(c) Third five years of service (beginning on the month 121): 1-
2/3 days per month or 20 working days per year. Vacation
leave accrual for management employees shall be as set forth
by resolution of the Town Council.
2. Vacation Leave Scheduling: Requests for vacation leave shall
be submitted in advance by the employee to the department head or Town Manager who
shall approve the time employees may take their vacation.
3. Sickness During Vacation Leave: Sickness occurring during
vacation leave, upon doctor's certification, will be considered sick leave and not be charged
against vacation leave.
Section 8.
A.
Family and Medical Leave:
Eligibility
Employees who have been employed by the Town for 12 months or more and who
have worked at least 1,250 hours during the preceding 12-month period are eligible for
Family Medical Leave Act (FLMA)/California Family Rights Act (CFRA) leave of absence
(family and medical leave) under the following circumstances:
1. For the birth and care of a newborn child, or the placement and
initial care of an adopted or foster care child; or
2. To care for the employee's spouse, child, or parent with a serious
health condition; or
3. For the employee's own serious health condition.
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B. Leave Request Procedure
The Personnel Officer must approve family and medical leave requests in advance. If
the need for the leave is foreseeable, employees must provide the Town with at least 30-days
advance notice before the leave is to begin. If the need is not foreseeable, and 30-days of
notice is not possible, employees must give notice as soon as practicable, and within one or
two days of learning of the need for leave.
Employees must make leave requests in writing, stating the reasons for the requested
leave, the anticipated duration of the leave, and the anticipated start date of the leave. All
employees requesting a leave extension must also do so in writing, if possible, two weeks
prior to the end of their scheduled leave. •
Failure to comply with this notice requirement will be grounds for, and may result in,
deferral of the requested leave until the employee complies with this notice policy.
C. Medical Certification
Employees who request family and medical leave for their own serious health
condition or to care for a family member with a serious health condition must submit a
written medical certification from a health care provider to support the leave request. If there
is a dispute about the initial medical opinion regarding an employee's serious health
condition, the Town may require a second opinion by a health care provider of its choice at its expense. If a third opinion is necessary, a third health care provider may be selected, also
at the Town's expense. The Town requires periodic updates to support continuing leave.
All employees returning from family and medical leave for their own serious health
condition must provide medical certification of their fitness to return to work. All employees
requesting a leave extension must provide medical certification of the need for continued
leave.
D. Duration of Family and Medical Leave
Eligible employees are generally entitled to up.to a cumulative maximum of 12 weeks
of family and medical leave within a 12-month period. The 12-month period is measured
backwards from the date an employee's requested family and/or medical leave will begin.
Parents who both work for the Town are entitled to a combined total of 12 weeks leave in a
12-month period for the birth, adoption or foster care placement of their child.
Employees on a workers' compensation leave of absence are granted leave consistent
with the Town's obligations under workers' compensation law. If an employee's work-related
injury also meets the criteria of a serious health condition for family and medical leave
purposes, the leave for a work-related injury will be counted against an employee's family
and medical leave entitlement. However, benefits provided under this family and medical
leave policy will normally extend only for a cumulative maximum of 12 weeks of leave.
Additional benefits may be available under state workers' compensation law.
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E. Scheduling Family and Medical Leave
The Town generally requires that employees take family and medical leave for one
consecutive period of time. Under certain circumstances, employees may take leave
intermittently or on a reduced work schedule. If an employee is on intermittent or reduced
work schedule leave, the Town may temporarily transfer him or her to another position with
equivalent pay and benefits in order to better accommodate the leave. If an employee
requests such leave due to medical necessity, he or she is required to submit certification
from a health care provider stating the basis for the medical necessity and, if applicable, the
anticipated schedule for treatment.
Employees planning medical treatment must consult their department head and make
a reasonable effort, subject to the health care provider's approval, to schedule the leave when
it will not unduly disrupt the Town1s operations. Employees are ordinarily expected to
consult their department head or the Personnel Officer prior to the scheduling of treatment to
work out a treatment schedule that best suits the needs of both the employee and the Town.
F. Compensation During Leave
Generally, family and medical leave is unpaid. Except as described in the paragraph
below and in Sections 2, 3, 4 and 5 of this Rule, accrued vacation must be used during leave
for any family or medical leave reason, and accrued sick leave must be used during leave for
an employee's own serious health condition. 'When accrued paid leave is exhausted,
employees may continue the balance of their family or medical leave of absence on an
unpaid basis.
It is the responsibility of an employee on medical leave to apply for disability
insurance benefits or workers1 compensation benefits, as applicable. The appropriate forms
are available from the Personnel Officer. Consistent with applicable law, accrued vacation,
sick leave and other paid time off may not be used during any family and medical leave that
also qualifies an employee for workers' compensation benefits, State Disability Insurance or
other paid leave under a temporary disability plan. When paid leave is exhausted, employees
may continue the balance of their family or medical leave of absence on an unpaid basis.
The use of accrued vacation or sick leave, or receipt of Disability Insurance or
workers' compensation benefits during a leave will not extend the length of an employee's
family and medical leave. Vacation and sick leave benefits and length of service credits will
continue to accrue only during the paid portion (if any) of a family or medical leave.
However, family and medical leave will not constitute a break in service for purposes of
longevity, seniority, or any employee benefit plan.
G. Coordination With Other Employee Benefits
The Town will maintain an eligible employee's group health and dental insurance
coverage during a family and medical leave while in a paid status. If an employee has
exhausted all available leaves (sick, vacation and administrative leave), the Town will make
arrangements for employees to pay their share of health insurance premiums while on leave,
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should they desire. Employees may elect to continue the same coverage for their dependents
under the Town's group health insurance plans.
H. Return To Work
All employees returning from family and medical leave for their own serious health
condition must provide medical certification of their fitness to return to work.
Upon return from family and medical leave, the employee will be returned to the
same position held prior to the leave, or one that is equivalent in pay, benefits and the terms
and conditions of employment, unless the job has ceased to exist. The Town will consider
employees to have resigned 1.f they do not return to their prior position or an equivalent
position as soon as they are able (assuming either option is available), or after taking the
maximum leave allowed. Acceptance of other employment during family and medical leave
will also be considered a resignation from the Town. Unless prohibited by other state or
federal laws, if the employee's prior position or an equivalent one is not available at the end
of the leave, employment will be terminated.
I. Key Employee Exception
The Town may deny reinstatement to certain key employees on family and medical
leave who are among the highest paid 10% of the Town's employees. Key employees may
be denied reinstatement if it is necessary to prevent substantial and grievous economic injury
to the Town operations. The Town will notify a key employee of its intent to deny
reinstatement on this basis at the time the employee requests leave, or as soon thereafter as
the Town determines that the employee is a key employee. At this time, the Town will
provide the employee with an opportunity to immediately return to his or her position.
Section 9.
A.
Pregnancy/Maternity Disability Leave:
Eligibility and Duration
Any employee who is disabled due to pregnancy, childbirth or related medical
conditions is entitled to a pregnancy/maternity leave of absence up to a maximum of 4
months. This leave runs concurrently with any FMLA leave. If an employee is also entitled
to any CFRA leave, she may combine her CFRA leave with pregnancy/maternity disability
leave for a maximum of7 months leave in a 12-month period. The Town's rules regarding
family and medical leaves are set forth in Section 9.
B. Leave Request Procedure
Employees must provide reasonable notice of the date the leave is to begin and the
estimated duration of the leave.
C. Medical Certification
Employees who request a pregnancy/maternity disability leave must submit a written
medical certification from a health care provider to support the leave request. . .
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D. Compensation During Leave
Accrued sick leave and vacation time may be used during pregnancy/maternity
disability leave.
E. Coordination With Other Employee Benefits
The Town will maintain an eligible employee's group health and dental insurance
coverage during a pregnancy/maternity disability leave under the same conditions as
coverage would be provided if the employee was actively at work. Employees may elect to
continue the same coverage for their dependents under the Town's group health insurance
plans.
F. Return to Work
. _ Employees returning from a pregnancy/maternity disability leave will be returned to
their same position unless that job has ceased to exist or the Town could not keep the job
open and operate safely and efficiently. In that event, the Town will seek to provide
returning employees with a substantially similar position. Acceptance of other employment
during a pregnancy disability leave will be considered a voluntary resignation. Medical
certification of an employee's fitness for duty is required at the time she returns to work.
Employees who do not return to work after taking a maximum of four months
pregnancy disability leave plus any applicable CFRA leave will be considered to have
resigned.
Section 10. Other Leaves of Absence:
A. Bereavement Leave
Employees will receive up to 3 days paid leave for the death or critical illness of a close
relation. Regular employees will be paid at their regular hourly rate for the time they are absent.
This time will be charged to the employee's sick leave account.
The Personnel Officer and/or the department head may require medical certification
or other documents to verify the reason for any employee's absence.
B. Military Leave
The Town will comply with applicable laws regarding military leaves of absence and re-
employment rights.
C. Jury Duty
The Town requires employees to give reasonable advance notice to their department
heads. Employees will be required to present a jury notice to verify the reason for the leave.
Regular, probationary, and at-will employees will receive compensation for the difference
between the pay they receive as jurors and their regular salaries, and any other compensation to
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which they are entitled under federal and state wage and hour laws. The Town Manager must
approve payment for jury duty before it will be paid.
D. School or Daycare Related Activities
All employees may take time off to participate in the school or day care activities of
their child(ren). The time off is subject to the following provisions:
1. The employee must be the parent, guardian or grandparent having
custody of one or more children in kindergarten or grades 1 to 12 or attending a licensed
daycare facility. •
2. The time off for school activity participation cannot exceed eight
(8) hours in any calendar month, or a total of40 hours each school year.
3. The employee must provide as much advance notice as possible
and submit an Absence Request Form to the department head.
4. If both parents are employed by same employer, the first employee
to request such leave will receive the time off. The other parent will receive the time off only
if the department head approves his or her request for leave.
5. If requested, the employee will provide written verification of
parental participation from the school or licensed daycare facility.
6. Leave to attend school activities will be unpaid. Regular
employees may elect to substitute accrued vacation or administrative leave for the time off.
7. If an employee is the parent or guardian of a child who has been
suspended, and the child’s school has sent the employee notice requesting the employee to attend a
portion of the school day in the child's classroom; the employee may take time off for this
purpose. The employee should alert the department head as soon as possible of the employee's
need to take time off. The employee may be required to provide a copy of the notice from the
school. No discriminatory action will be taken against an employee for taking time off for this
purpose.
8. Leave to attend a school conference involving suspensions will be
unpaid. Regular employees may elect to substitute accrued vacation or administrative leave
for the time off.
Section 11. Personal Matters or Hardship:
A. Leave of Absence Without Pay:
. 1. Upon the written request of an employee, the Town Manager
may approve, in writing, a leave of absence without pay for a period not exceeding three
months. The Town Manager may, at his or her discretion, extend such leave of absence for
an additional period not to exceed a total of nine (9) months.
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2. Failure of the employee to return to work upon expiration of the
leave shall result in his separation from employment with the Town.
3. Upon return to work, the employee shall return to the same
classification, range and step held by him or her upon taking the leave, if the position is still
authorized. No vacation or sick leave credit shall be earned or accumulated during the leave.
4. The employee who takes a leave of absence for longer than
thirty (30) days may, at his or her option, reimburse the Town for continued insurance
benefits.
Section 12. Administrative Leave: The Town Manager may grant time off with
pay to management personnel whose on-the-job requirements necessitate work beyond a
normal working week. All administrative leave granted in a calendar year must be used in
that particular calendar year and may not be carried forward to a new calendar year.
Administrative leave is non-compensable at the time of separation from employment.
RULEX. RECORDS
Section 1. Records: As directed by the Town Manager, the Personnel Officer
shall maintain personnel and payroll records as required by law and business necessity.
Section 2. Reports to the Personnel Officer: Every appointment, transfer,
promotion, demotion, change in salary, and any other temporary or permanent change in
status of employees in the service shall be reported to the Personnel Officer.
Section 3. Access to Administrative Records: The Town Manager and/or
Personnel Officer shall have access to all departmental records, documents, and papers of the
Town, the examination of which will aid in the discharge of their duties.
Section 4. Evaluation of Performance: The Personnel Officer shall require a
performance evaluation for each employee prior to that employee's anniversary date to be
completed by the employee's immediate supervisor. Evaluations shall be prepared on forms
provided by the Personnel Officer which set forth criteria for evaluating employee
performance. The employee shall participate in the evaluation process. The employee may
be asked for pre-evaluation participation and input. The employee shall acknowledge receipt
of the evaluation. The employee shall be provided with an opportunity to respond to the
evaluation.
Section 5. Accident Reports: Any employee involved in an accident while on the
job which results in personal injury or property damage of any kind shall report that accident
promptly to his or her supervisor. The employee and/or the supervisor shall complete the
required forms for reporting the accident to the Personnel Officer in the manner prescribed.
RULE XL TRAINING OF EMPLOYEES
Section 1. Responsibility for Training: The Personnel Officer has the
responsibility for training programs for employees. Such training programs may include
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lecture courses, demonstrations, reading assignments, or other such devices as may be
available for the purpose of improving efficiency and broadening the knowledge of
municipal employees in the performance of their duties and service to the Town.
(a) Department heads will submit departmental requirements and designate who will conduct
the actual training as it relates to professional advancement. (b) The Personnel Officer will
arrange for general training applicable to all employees.
Section 2. Credit for Training: Participation in and successful completion of
special training courses may be considered in making advancements and promotions.
Evidence of such activity shall be filed with the Personnel Officer by the Department Head.
Section 3. Training Expenses: Upon the prior approval of the Town Manager
and the department head, and upon successful completion of a training program by an
employee, that employee shall be reimbursed for the cost of the training from departmental
funds designated for training, conferences, and workshops.
RULE XII. EMPLOYEE MORALE AND WELFARE
Section 1. Powers of Investigation: The Town Manager may investigate or have
investigated any situation relative to the morale and welfare of the employee in service, and
the Town Manager may take such action as he or she deems necessary within the limits of ꞏ
the Town Code and the rules.
Section 2. Employee Grievance: An employee may file a grievance on his or her
own behalf. Grievance is a claimed violation, misinterpretation, inequitable application or
non-compliance with provisions of a Memorandum of Understanding, or of Town
ordinances, resolutions, rules, regulations, or existing practices affecting the status or
working conditions of Town employees. If a Memorandum of Understanding, ordinance,
resolution, rule or regulation contains a grievance or complaint procedure, then that more
specific procedure shall take precedence over the grievance procedure set forth here:
Section 3. Employee Grievance Procedure:
A. Informal Grievance: Within five working days of the event giving rise
to a grievance, the grievant shall present the grievance informally for disposition by the
immediate supervisor, or, if the grievance involves the immediate supervisor, then to the
immediate supervisor's supervisor. Presentation of informal grievance shall be a
prerequisite to the institution of a formal grievance.
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B. Formal Grievance: If the grievant believes that the grievance has not
been redressed through the informal grievance procedure, he or she may initiate a formal
grievance within five working days thereafter. A formal grievance can only be initiated by
completing and filing with the department head a form provided by the Personnel Officer for
this purpose. The form shall contain:
1. Name(s) of grievant;
2. Class Title(s);
3. Department(s);
4. Mailing address(es);
5. A clear statement of the nature of the grievance (citing applicable
ordinance, rules or regulations, or contract language);
6. The date upon which the grievance occurred;
7. A proposed solution to the grievance;
8. The date of execution of the grievance form;
9. The signature of the grievant; and
10. The name of the organization or individual, if any, representing
the grievant followed by the signature of the representative.
(a) Step 1: Within ten working days after a formal
grievance is filed, the department head shall investigate the grievance,
and confer with the grievant in an attempt to resolve the grievance, and
make a decision in writing.
(b) Step 2: (1) If the grievance is not resolved in Step 1 to
the satisfaction of the grievant, he or she may, within not more than
five working days from his or her receipt of the department head's
decision, request consideration of the grievance by the Town Manager,
by so notifying the Personnel Officer, in writing; (2) within ten
working days after such notification, the Town Manager shall
investigate the grievance, confer with persons affected and their
representatives to the extent he or she deems necessary, and render a
decision in writing; (3) the Town Manager shall advise the grievant, in
writing, of his or her decision. If the decision does not resolve the
grievance to the satisfaction of the grievant, the grievant may proceed
to Step 3.
(c) Step 3: A final appeal to Step 2 may be filed, in
writing, with the Town Council not more than five working days from
the employee's receipt of the Town Manager's decision. The Town
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Section 4.
A.
Council shall, within thirty (30) days of receiving the grievance, hear
and decide upon the grievance. The Town Council's decision is final
and binding in all respects insofar as the Town is concerned. No
employee shall, as a direct or proximate result of such grievance,
suffer dismissal from the services of the Town, transfer, demotion,
reduction of salary or other disciplinary action unless it shall be
determined by the Town Council that the grievance was taken willfully
and/or spitefully, with intentional disregard of facts, for purposes of
disruption of and or interference with efficient business operations of
the Town, its officers and employees, to disturb the public peace,
health, safety and welfare, or to serve personal ends inimical to the
public service.
Grievances Generally:
The Personnel Office shall act as a central repository for all grievance
records.
B. Any time limit may be extended only by mutual agreement in writing.
C. An aggrieved employee may be represented by any person or
organization of his or her choice at any stage of the proceedings.
RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE
Section 1. Types of Disciplinary Actions: The following are types of actions that
may be utilized by the Town Manager in disciplining employees.
A. Oral Reprimand: A formal discussion with an employee about
performance or conduct problems. This action preferably is summarized by a memo to the
employee outlining the nature. of the discussion. An oral reprimand is not subject to the appeal
process described below.
B. Written Reprimand: A written document presented to an employee
regarding performance or conduct problems. A copy must be provided to the employee with
a copy being placed in the employee's personnel file. A written reprimand is not subject to
the appeal process described below.
C. Disciplinary Suspension: An involuntary absence without pay for a
fixed period of time.
D. Reduction in Pay: The temporary or permanent reduction in pay of an
employee.
E. Demotion: Demotion to a lower classification.
F. Termination: Discharge from the Town service.
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Pending investigation of and imposition of a disciplinary matter, the Town Manger
may place an employee on paid administrative leave.
Section 2. Notification of Action: The following procedure shall be adhered to
for non-emergency suspensions, discharges and disciplinary actions of employees:
A. The concerned employee shall be given written notice of the proposed
action within a reasonable amount of time of the incident resulting in disciplinary action.
Such written notice shall include a statement of reasons that a disciplinary action is being
proposed, and shall include a copy of the charges being considered by department
management in addition to a statement of employee rights appropriate to the preliminary
notice.
B. The employee shall be shown the documents or materials upon which
the disciplinary action is based, and if practical, he or she shall be supplied with a copy of
those documents.
C. After being given a reasonable opportunity to review the documents and
.materials set forth in paragraphs 1 and 2 above, the employee shall, within ten (10) days, be
given the right to respond either orally or in writing (at the option of the employee) to the
authority initially imposing discipline.
D. No discipline shall be imposed, other than emergency suspensions,
prior to the conclusion of the opportunity to respond; any discipline imposed shall be
effective after that time.
Section 3. Suspension: A department head may suspend an employee without
pay from his or her position at any time for cause, not to exceed three working days in any
one suspension nor more than thirty (30) working days in one fiscal year. Such suspensions
shall be reported immediately to the Personnel Officer.
The Town Manager may suspend an employee at any time for cause for a period not
to exceed thirty (30) working days in any fiscal year.
Section 4. Demotion: The Town Manager may demote an employee whose
ability to perform required duties of his or her position fall below standard, or for disciplinary
purposes. No employee shall be demoted to a position for which he or she does not possess
the minimum qualifications.
Section 5. Reduction in Salary: The appointing authority may, within the
minimum and maximum of the salary range for the position, decrease the salary level of an
employee whose ability to perform the required duties of his or her position falls below
standard, or for disciplinary purposes.
Section 6. Discharge: An employee in the competitive service may be discharged
for cause at any time by the Town Manager. Any employee who has been discharged shall
receive a written statement of the reasons for such action at the time of discharge.
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Section 7. Causes for Discipline: Disciplinary action maybe taken for any
causes listed in Section 19572 of the Government Code, or for other just cause, including, but
not limited to, the following:
A. Unauthorized absence;
B. The commission or conviction of any felony, or any other crime
involving moral turpitude;
C. Disorderly conduct;
D. Incompetence or inefficiency;
E. Insubordination;
F. Intoxication while on duty;
G. Neglect of duty;
H. Negligence or willful damage to public property, or waste of public
supplies or equipment;
I. Violation of any lawful regulation or order made and given by a line
supervisor; or . -.
J. Willful violation of any of the provisions of the Ordinances of the
Town, these rules, or others promulgated by the Town Manager as Administrative Orders.
Section 8. Appeal: A regular employee may, within ten (10) calendar days after
the effective date of demotion, discharge, reduction in pay, or suspension, file a written
appeal with the Town Manager. The Town Manager may make whatever investigation
of the appeal he or she deems appropriate and make a finding within fifteen (15)
calendar days. If the employee is dissatisfied with such finding, within ten (10)
calendar days the employee may file a written appeal with the Town Council. The
Town Council shall hold a hearing within thirty (30) calendar days thereafter. The
Town Council shall render its decision on the appeal within fifteen (15) calendar days
following the hearing, and shall notify the employee and Town Manager in writing of
its decision. •
Section 9. Layoff: The appointing authority may layoff employees because of
lack of work, lack of funds, changes in duties of the organization, abolition of positions or
reorganization, requiring the reduction of the work force of the Town. The name of any
employee so released shall be placed on an appropriate re-employment eligibility list. Within
ten (10) working days before the effective date, the Personnel Officer shall notify the
employee affected of the intended action, the effective date, and the reasons therefore.
Employees laid off pursuant to this section shall not have the right to appeal.
Section 10. Resignation: An employee wishing to leave the competitive service in
good standing shall file with his or her supervisor a written resignation notice, stating the
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effective date and reasons for leaving at least ten (10) working days before the effective date.
The resignation shall be forwarded to the Personnel Officer along with other pertinent
information. An employee's failure to comply with this rule shall be entered in that
employee's service record. The resignation of an employee who fails to give the minimum
ten-day notice shall be reported to the Personnel Officer by the supervisor immediately and
shall be sufficient cause to deny subsequent request for reinstatement.
Section 11. Abolition of Position: The Town Council may abolish for cause, any
position of employment by amendment of the appropriate schedules of positions and
employments in a Salary and Benefits Plan Resolution. Employees transferred, demoted or
laid off because of the abolishment of positions, shall not have the right of appeal in such
cases. The effective date of abolishment of a position occupied by an employee shall be at
least thirty (30) calendar days after the act of abolishment. The Town Council may, by
declaration of an emergency, modify the effective date.
B. Within ten (10) working days before the effective date, the Personnel
Officer shall notify the employee affected of the intended action, the effective date, and the
reasons therefore.
C. When reduction of personnel is generally indicated, positions shall be
vacated on decision of the Town Manager, who shall take into consideration the
administrative needs of the Town as well as maintenance of the public peace, health, safety
and welfare.
Section 12. Compensation Upon Separation: Upon separation, the employee will
receive compensation for pay, allowances and accrued vacation and sick leave balances for
date of termination.
RULE XIV. POLICIES GOVERNING CONDUCT
Section 1. No. Discrimination: Reasonable Accommodation
A. Employment in this Town shall be based upon merit, qualifications
and ability. There will be no unlawful discrimination in hiring, promotion, advancement,
termination or any other personnel action based on an individual's race, religion, color,
national origin, ancestry, physical or mental disability, medical condition, marital status,
veteran's status, sexual orientation, age or sex.
B. The Town will make reasonable accommodation for any known
disability, as defined by applicable state or federal law, of employment applicants or
employees who, with or without reasonable accommodation, can perform the essential
functions of the employment they hold or for which they have applied. The Town will
engage in an interactive process with the employee or applicant to determine if there is
appropriate reasonable accommodation. This process will include at least one meeting with
the employee or applicant to discuss potential accommodations. In the event that the Town is
unable to make a reasonable accommodation to enable an existing employee to perform the
essential functions of their position, the interactive process shall include a review of open
positions in the Town's employment for which the employee is qualified and whose essential
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functions the employee can perform, with or without reasonable accommodation. If the Town
has an open position for which the employee is qualified and whose. essential functions the
employee can perform, with or without reasonable accommodation, the employee may elect to
transfer into that position. However, in no event shall the Town be required to create a new
position.
• C. Any employee who believes that he or she has been the victim of
discrimination, as outlined above, should promptly report the facts of the incident(s) and the
names of the individuals involved, and any witnesses or other relevant facts, to the Town
Manager. The complaint shall immediately be investigated by the Town Manager or his or
her designee. Corrective action, if warranted, shall be taken as soon as possible. Such
corrective action may include disciplinary actions up to and including termination for any
employee found to have violated this policy.
Section 2. Sexual Harassment Policy
A. Purpose
• It is the intention of this policy to provide in the Town a work environment
free of unlawful harassment.
B. Policy
This policy applies to all employees and officials of the Town. Harassment of
any type will not be tolerated and is unlawful.
C. Prohibited unlawful harassment includes, but is not limited to, the
following behavior:
1. Verbal conduct such as gender based epithets, derogatory jokes
or comments about an individual's body, slurs, or unwanted
sexual advances; invitations or comments;
2. Visual conduct such as derogatory and/or sexually-oriented
posters, photography, cartoons, drawings, or gestures;
3. Physical conduct such as assault, unwanted touching, leering,
blocking normal movement, or interfering with work;
4. Threats and demands to submit to certain non-work-related
conduct or perform certain non-work-related actions in order to
keep or get a job, to avoid some other loss, or as a condition of
continued employment benefits, security or promotion; and/or,
5. Retaliation for reporting or threatening to report unlawful
harassment, for objecting to harassment, or for assisting another
employee to report harassment.
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The conduct stated above will not be tolerated by the Town, and an employee
who harasses in violation of the law can be personally liable to the victim for
damages and will be subject to discipline up to and including termination. The
Town will take reasonable steps to prevent this conduct from occurring.
D. Complaint Procedure
Any employee who believes that he or she has been harassed, as
outlined above, by another employee, or a supervisor, should as a first step tell the individual
that the conduct is unwelcome. If the conduct continues employees are encouraged to promptly
report the facts of the incident(s) and the names of the individuals involved and any witnesses
or other relevant facts to a supervisor or the Town Manager. Supervisors shall immediately
report any incidents of harassment to the Town Manager. The complaint shall immediately be
investigated by the Town Manager or his or her designee. Corrective action, as warranted, will
be taken as soon as possible. Such corrective action shall include disciplinary actions up to
and including termination for any employee found to have violated this policy. In the situation
where a complaint is filed against the Town Manager, the Town Attorney shall receive the
complaint and conduct the appropriate investigation in consultation with the Mayor.
Section 3. Conflict of Interest
1. Employees of the Town are prohibited from:
A. Engaging in or having any interest in any business or transaction, or
incurring any obligation which conflicts or impairs, or appears to conflict or impair, their
independent judgment in the discharge of their official duties;
B. Accepting money, favors, or other considerations for work they would be
required or expected to perform in the regular course of their duties;
C. Accepting gifts, gratuities, or favors of any kind from persons or vendors
doing business with the Town. The only exception is the acceptance of consumable gifts
offered to an entire work group, with a value not subject to reporting an income pursuant to
Government Code section 87207 (i.e. less than $50), and permitted under Fair Political
Practices Commission regulations where rejection would damage the spirit in which the gifts
were offered;
D. Disclosing confidential information acquired by or made available to them
in the course of their employment with the Town, or using such information for speculation
or personal gain; or
E. Being a member of any Town committee when such committee's
responsibilities would cause a conflict with the employees' normal duties.
2. It is the employee's responsibility to disclose and report all potential conflict
of interest situations to his or her supervisor or the Town Manager.
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Section 4. Political Activity
1. Employees shall not engage in political activity of any kind during work hours.
Prohibited activity shall include, but is not limited to, soliciting money
influence, service, or any other thing to aid, promote, or defeat any political
committee or nomination or election of any person to public office, while on
the job during working hours. No person shall attempt to coerce, command, or
require a person holding, or applying for, any position, office, or employment
with the Town to influence or give money, service, ꞏor other valuable thing to
aid, promote, or defeat the nomination or election of any person to public office.
2. Subject to the foregoing, any employee may seek appointment or election to
any public position, office, or employment for which ꞏhe or she is qualified. The
exception is an employee running for a position on the Town Council. If
elected, the employee would be required to resign his or her employment with
the Town.
Section 5. Drug Free Workplace Policy
The Town, in compliance with Public Law 100-690, the Drug-Free Work Place Act
of 1988, adopts the following policy:•
1. Purpose
It is the intention of this policy to provide a drug free workplace for employees
of the Town at all. work sites. While the Town has no intention of intruding into. the
private lives of its employees, the use of controlled substances (drugs, substances or
immediate precursors thereto, subject to the California Uniform
• Controlled Substance Act;ꞏas defined in the Health• & Safety Code section 11007 et seq.)
impacts the safety and efficiency of Town operations and the provision of services to
the public.
2. Policy
a. The• unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance by employees is prohibited at all Town
work sites.
b. Employees, as a condition of employment, shall notify their department
head of any criminal drug statute conviction for a violation occurring in
the workplace, no later than five days after such conviction.
c. Employees who violate the above policy, or are convicted on criminal
drug statute violations occurring at the workplace, or who fail to give
the notice required above, shall be subject to the appropriate personnel
action, up to and including termination, or may, where appropriate, be
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required to participate in a drug-abuse assistance or rehabilitation
program by a federal, state, or local health, law enforcement, or other
appropriate agency.
d. The Town will establish a drug-free awareness program to inform
employees of this policy, the dangers of drug abuse in the workplace,
and any available drug counseling, rehabilitation, and employee
assistance programs.
3. Rights
No provision of this policy is intended to remove or limit an employee's right
to appeal a disciplinary action under applicable sections of these Personnel
Rules and Regulations.
Section 6. Drug/Alcohol Policy
1. The Town has adopted a Drug Free Workplace Policy within the provisions of
the Federal Drug Free Workplace Act. In conjunction with this policy, the
Town retains the right to assure that employees are free from the influence of
drugs and alcohol during the performance of their Town duties. The Town
Manager shall retain the right to:
A. Access any Town property, including but not limited to desks, lockers,
closets and vehicles for the purposes of inspection to assure no illegal drug or alcohol is on
the Town premises;
B. Order for drug and/or alcohol testing any employee who has demonstrated
behavior on duty that causes a reasonable suspicion that he/she may be under the influence.
The employee shall immediately comply and cooperate in being transported to the testing
facility. If the employee is found to be under the influence of an illegal drug or alcohol, the
employee shall have transportation arranged for him or her, and sent home pending
disciplinary action; and
C. Order for drug and/or alcohol testing any employee who is in an accident
that results in death, injury, or major property damage;
2. Employees who are taking prescription drugs that may hamper their ability to
operate vehicles or equipment, and who are required by their assigned duties
to operate vehicles or dangerous equipment, are to notify their supervisor
immediately upon reporting to duty. If for reasons of safety a supervisor
believes an employee is demonstrating diminished abilities, the supervisor may,
after consultation with the Town Manager, arrange for transportation for the
employee to send him or her home on sick leave.
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RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE
Section 1. For purposes of these Rules, the following positions are considered “department
heads”: Director of Administrative Services, Director of Community Development, Director of Public
Works/Town Engineer, and the Chief of Police.
Section 2. Types of Disciplinary Actions: The following are types of actions that may be utilized by
the department heads in disciplining employees.
A. Oral Reprimand: A formal discussion with an employee about performance or conduct
problems. This action preferably is summarized in a memo to the employee outlining
the nature of the discussion. An oral reprimand is not subject to the appeal process
described below.
B. Written Reprimand: A written document presented to an employee regarding
performance or conduct problems. A copy must be provided to the employee with a
copy being placed in the employee’s personnel file. A written reprimand is not subject
to the appeal process described below.
C. Disciplinary Suspension: An involuntary absence without pay for a fixed period of time.
D. Reduction in Pay: The temporary or permanent reduction in pay of an employee. The
department head may, within the minimum and maximum of the salary range for the
position, decrease the salary level of an employee whose ability to perform the required
duties of his or her position falls below standard, as determined by the department
head, or for disciplinary procedures.
E. Demotion: Demotion to a lower classification. The department head may demote an
employee whose ability to perform required duties of his or her position falls below
standard, as determined by the department head, or for disciplinary purposes. No
employee shall be demoted to a position for which he or she does not possess the
minimum qualifications.
F. Termination: Discharge from the Town service. An employee in the competitive service
may be discharged for cause at any time by the department head.
Pending investigation of an imposition of a disciplinary matter, the Town Manager may place an
employee on paid administrative leave.
The Town is not required to take disciplinary actions in sequential or progressive order. The level of
disciplinary action taken shall be commensurate with the offense, provided that the prior employment
and disciplinary history of the employee may also be considered pertinent.
Section 3. Causes for Discipline. Disciplinary action may be taken for any reasonable cause,
including, but not limited to, the following:
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A. Unauthorized absence or excessive absenteeism;
B. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s
fitness to perform assign duties;
C. Disorderly conduct;
D. Carelessness; incompetence, inefficiency, or negligence;
E. Insubordination;
F. Intoxication while on duty;
G. Neglect of duty;
H. Negligence or willful damage to public property, or waste of public supplies or
equipment;
I. Violation of any lawful regulation or order made and given by a line supervisor;
J. Willful violation of any of the provisions of the Ordinances of the Town, these rules, or
other promulgated by the Town Manager as Administrative Orders;
K. Tardiness;
L. Discourteous or disrespectful treatment of other employees, Town residents and other
members of the community, customers, suppliers, or visitors, or treatment that does
not foster cooperation between employees or employees and the community;
M. Dishonesty;
N. Misuse of or failure to maintain any employment qualification;
O. Sleeping on the job or leaving the job without authorization;
P. Improper use of Town funds;
Q. Acceptance or solicitation of bribes or extortion;
R. Unauthorized use of Town property;
S. Theft of or harm to Town property or the personal property of another;
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T. Failure to comply with safety standards; and/or
U. Use of influence of position with the Town for private gain or advantage, or the use of
time, facilities, equipment or supplies for private gain or advantage;
V. Other failure of good behavior either during or outside of employment such that the
employee’s conduct causes or should reasonably be expected to cause discredit to the
Town.
Section 4. Notice of Intent: The following procedure shall be adhered to for non-emergency
suspensions, demotions, reductions in pay, and terminations:
A. The department head shall issue to the affected employee a written Notice of Intent of
the proposed disciplinary action. The notice shall be delivered to the affected employee
personally or sent to the employee by either overnight mail and/or certified or
registered mail, return receipt requested, at the employee’s last known address.
B. The Notice of Intent will include the following:
1. A statement that clearly defines the intent to take action, the proposed action
to be taken, and the proposed effective beginning and ending time of intended
action.
2. A statement of the specific grounds and particular facts upon which the
proposed disciplinary action will be taken;
3. A copy of all written materials, reports, or documents upon which the intended
action is based;
4. A statement that the employee will be afforded the right to respond to the
Notice of Intent, either verbally or in writing, or both, within ten (10) calendar
days upon receipt of the intended disciplinary action; and
5. The employee’s signature on the Notice of Intent will acknowledge receipt of
said notice by the employee. If the employee refuses to sign, it will be noted as
such on the Notice of Intent. The signature documentation on the Notice of
Intent will acknowledge that the employee received the Notice of Intent.
C. Employee Response to Notice of Intent. Within ten (10) calendar days, after the
employee has been served with the Notice of Intent, the employee will have the right to
respond, verbally or in writing, or both, to the department head concerning the
proposed disciplinary action. If, within the ten (10) day response period, the employee
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does not provide a written or verbal response, the proposed action of the Town will
take effect as set forth in the Notice of Intent.
D. Notice of Final Discipline. After considering the employee’s timely response, the
department head shall issue and deliver to the employee a Notice of Final Discipline,
which shall be a written statement of the decision to uphold, modify, or reject the
proposed Disciplinary Action. Such action may not include discipline more severe than
that described in the Notice of Intent.
Section 5. Appeal of Disciplinary Action
A. Disciplinary Actions Subject to Appeal. A regular employee may, within ten (10) calendar
days after the effective date of a suspension, demotion, reduction in pay, or
termination, file a written appeal with the Director of Administrative Services.
B. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a
disciplinary appeal hearing within the prescribed time and manner, the employee shall
have waived the right to a hearing and all rights to further appeal of the disciplinary
action.
C. Hearing Officer.
For appeals of discipline, the Town and employee or Association shall obtain a strike list
of seven names from the Public Employee Relations Board (PERB). The Town and the
employee/Association shall then mutually select the Hearing Officer by striking names
from the list in alternating turns. Fees for the hearing officer will be borne by the Town
unless the employee is represented by an association in the appeal, in which case the
costs will be split evenly between the Town and the association.
After the Town has issued the Final Notice of Discipline, any delay by the employee or
Association in selecting a hearing officer or setting a hearing date, in excess of thirty (30)
days, shall result in the employee forfeiting his or her right to an appeal, and the
discipline shall become final.
D. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing, the
employee may be represented by counsel or other representatives. The employee may
not be represented by a person who will be called as a witness.
E. Production of Witnesses and Documents. The Hearing Officer shall have the authority to
compel the attendance of witnesses, and to require the production of documents. The
Hearing Officer shall also have the authority to require the identification of witnesses,
documents, and other evidence in advance of the disciplinary appeal hearing.
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F. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall
be conducted as follows:
1. The Town shall have the burden of proof, and the burden shall be by the
preponderance of the evidence.
2. The hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but shall be conducted in a manner most
conducive to the determination of the truth. Any relevant evidence may be
admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rules which might make improper admission of
such evidence over objection in a court of law. Decisions made by the Hearing
Officer shall not be invalidated by any informality in the proceedings.
3. The Hearing Officer shall determine the relevancy, weight, and credibility of
testimony and evidence.
4. Irrelevant evidence and unduly repetitious evidence shall be excluded.
5. The Hearing Officer shall have the authority to exclude any witnesses and other
persons not necessary to the proceedings.
6. The Hearing Officer shall not engage in ex parte communications with the
parties.
G. Appeal Officer’s Decision.
The Hearing Officer shall issue an advisory, written decision containing findings of fact
and conclusions of law. The Hearing Officer shall recommend that the Town affirm,
revoke, or reduce the disciplinary action imposed against the employee. The Hearing
Officer may not recommend discipline more stringent than that imposed by the
department head. The Hearing Officer shall not have the authority to render a binding
decision that requires the Town to expend additional funds, to hire additional
personnel, to buy additional equipment or supplies, or to pay wages or benefits not
specifically provided for in the Personnel Rules or by any resolutions, ordinances, or
policies adopted by the Town. The Hearing Officer shall not have the authority to
require the Town to perform any other action that would violate state or federal laws.
The Hearing Officer’s decision shall be advisory to the Town Manager. The Town
Manager shall, within 30 calendar days from after the date of receipt of the Hearing
Officer’s decision, issue a final written decision that shall affirm, revoke, or revise the
Hearing Officer’s recommendation. The Town Manager’s decision constitutes a final
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resolution of any disciplinary action and no further appeal shall be permitted within the
Town’s administrative process. A copy of the Town Manager’s decision shall be provided
to the charged employee, and may be placed in the employee’s personnel file.
H. Extension of Time. Any time limits specified in this procedure may be altered by mutual,
written agreement.
Section 6. Layoff. The appointing authority may layoff employees because of lack of work, lack of
funds, changes in duties of the organization, abolition of positions or reorganization, requiring the
reduction of the work force of the Town. The name of any employee so released shall be placed on an
appropriate re-employment eligibility list. Within ten (10) working days before the effective date, the
Personnel Officer shall notify the employee affected of the intended action, the effective date, and the
reasons therefore. Employees laid off pursuant to this section shall not have the right to appeal.
Section 7. Resignation. An employee wishing to leave the competitive service in good standing
shall file with his or her supervisor a written resignation notice, stating the effective date and reasons
for leaving at least ten (10) working days before that effective date. The resignation shall be forwarded
to the Personnel Officer along with other pertinent information. An employee’s failure to comply with
this rule shall be entered in that employee’s service record. The resignation of an employee who fails to
give the minimum ten-day notice shall be reported to the Personnel Officer by the supervisor
immediately and shall be sufficient cause to deny subsequent request for reinstatement.
Section 8. Abolition of Position. The Town Council may abolish for cause, any position of
employment by amendment of the appropriate schedules of positions and employments in a Salary and
Benefits Plan Resolution. Employees transferred, demoted or laid off because of the abolishment of
positions, shall not have the right of appeal in such cases. The effective date of abolishment of a position
occupied by an employee shall be at least thirty (30) calendar days after the act of abolishment. The
Town Council may, by declaration of an emergency, modify the effective date.
Within ten (10) working days before the effective date, the Personnel Officer shall notify the employee
affected of the intended action, the effective date, and the reasons therefore.
When reduction of personnel is generally indicated, positions shall be vacated on decision of the Town
Manager, who shall take into consideration the administrative needs of the Town as well as
maintenance of the public peace, health, safety and welfare.
Section 9. Compensation Upon Separation. Upon separation, the employee will receive
compensation for pay, allowances and accrued vacation and sick leave balances for date of termination.
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TOWN OF TIBURON (CITY)
AND
THE TIBURON POLICE ASSOCIATION (TPA)
Side Letter Agreement to the
July 1, 2024 – June 30, 2027
Memorandum of Understanding (MOU)
WHEREAS, the City and the TPA have met and conferred in good faith, and;
WHEREAS, the parties have agreed that it is beneficial for the TPA to participate in new City policy language related to Temporary Upgrade Pay, and
WHEREAS, the parties have agreed upon the following language and related compensation effective
January 1, 2025.
NOW THEREFORE, the City agrees to amend the City’s Personnel Policies Article VIII Compensation, by adding the following new Section 13 Temporary Upgrade Incentive as follows:
If an employee is assigned to perform significant duties of a higher classification, for longer than two weeks, such as out-of-class duties of an upgraded position or classification at full capacity, the employee will be eligible for:
•For Tiburon Police Department non-management classifications: 4% of their base pay. ThisTemporary Upgrade Incentive will not change any item in the current MOU in Section 19.
TIBURON POLICE ASSOCIATION TOWN OF TIBURON
Fred Guiterrez, President Date Greg Chanis, Town Manager Date
Justin Hettich, Treasurer Date
ATTACHMENT B
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