HomeMy WebLinkAbout049-2018RESOLUTION NO. 49-2018
ADOPTING THE REVISED PERSONNEL POLICIES AND PROCEDURES
WHEREAS, the Town of Danville has previously adopted Personnel Policies and
Procedures, which policies govern the employment relationship between the Town and
its employees; and
WHEREAS, the Town has completed a review of the policies and determined that it is
appropriate to adopt the revisions to the policies; now, therefore, be it
RESOLVED, that the Danville Town Council hereby approves the revisions to the Town
of Danville Personnel Policies and Procedures.
APPROVED by the Danville Town Council at a regular meeting on May 1, 2018, by the
following vote:
AYES: Arnerich, Blackwell, Morgan, Stepp(
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
e13 . �
CITY ATTORNEY
ATTEST:
CITY CLERK
TABLE OF CONTENTS
1.1
Purpose......................................................................................1
2.2
1.2
Notice.........................................................................................1
2.3
1.3
Scope.........................................................................................1
2.4
1.4
Town Manager...........................................................................2
2.5
1.5
Relationship to Other Administrative Procedures... .............. ...... 2
1.6
Severability.................................................................................2
..............4
1.7
Policies.......................................................................................2
1.8
Official Records................:.........................................................2
1.9
Change of Status Report
............................................................2
1.10
Personnel File .....................
.................... ...... _...... .................... ,2
2.1
Acknowledgment of Work Period................................................4
2.2
Allocation....................................................................................4
2.3
Anniversary Date........................................................................4
2.4
Benefits......................................................................................4
2.5
Certification................................................................................4
2.6
Class..........................................................................
..............4
2.7
Classification Plan......................................................................4
2.8
Class Specification.....................................................................4
2.9
Continuous Service....................................................................5
2.10
Date of Hire...............................................,................................5
2.11
Demotion....................................................................................
5
2.12
Discharge...................................................................................
5
2.13
Domestic Partner........................................................................5
2.14
Employee...................................................................................5
2.15
Employee Assistance Program (EAP)........................................6
2.16
Employee Examination Status....................................................6
2.17
Employee Engagement Committee
............................................6
2.18
Employment List.........................................................................6
2.19
Exempt /Non Exempt Employee.................................................6
2.20
Good Standing...........................................................................6
2.21
Hourly/Monthly Rate...................................................................6
2.22
Immediate Family.......................................................................7
2.23
Lay-Off.......................................................................................7
2.24
Leave........................................................................................7
2.25
Modified Work Week..................................................................7
2.26
Nepotism....................................................................................
7
2.27
Overtime.....................................................................................7
2.28
Personnel Action........................................................................7
2.29
Position......................................................................................7
2.30
Probationary Period....................................................................7
2.31
Promotion...................................................................................7
2.32
Qualified Candidate....................................................................8
ATTACHMENT B
MUMMANUM110azx3
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
2.33
Reassignment..................:.........................................................8
2.34
Reclassification..... .....................................................................
8
2.35
Reduction In Pay.......................................................................8
Preparation and Content of Class Specifications .....................10
2.36
Reinstatement............................................................................8
Interpretation of Class Specifications.......................................10
2.37
Re-hire.......................................................................................8
Notice......................................................................................10
2.38
Safety and Working on Wellness (WOW) Committees ...............8
Allocation of Positions..............................................................10
2.39
Salary Range ............................,..............................................
_ 8
2.40
Separation..................................................................................8
Declaration of Work Periods.....................................................14
2.41
Standard Workweek....................................................................8
Declaration of Exempt Employees...........................................14
2.42
Supervisor..................................................................................9
2.43
Suspension................................................................................9
2.44
Time Sheet.................................................................................9
2.45
Training......................................................................................9
2.46
Transfer.....................................................................................9
2.47
Vacancy.....................................................................................9
2.48
Y-Rate......................................................................................9
3.1
Purpose...................................................................................10
3.2
Classification of Positions ............................ .... ........... .,..... .......10
3.3
Preparation and Content of Class Specifications .....................10
3.4
Interpretation of Class Specifications.......................................10
3.5
Notice......................................................................................10
3.6
Allocation of Positions..............................................................10
3.7
Request for Classification Review............................................10
4.1
Purpose...................................................................................11
4.2
Preparation of Plan...................................................................11
4.3
Administration of Plan..............................................................11
4.4
Salary Range Adjustments.......................................................13
4.5
Partial Pay -Period Pay.............................................................13
4.6
Overtime...................................................................................13
4.7
Compensation Upon Separation..............................................14
4.8
Declaration of Work Periods.....................................................14
4.9
Declaration of Exempt Employees...........................................14
8458647.1 DAOIO-003
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
5.1
Purpose...................................................................................15
8.2
5.2
Procedure.................................................................................15
Demotion.................................................................................50
5.3
Applications and Applicants.....................................................15
Methods of Separation.. ...........................................................
5.4
Applicant Evaluation.................................................................15
Voluntary Resignation in Good Standing
5.5
Medical Examination Required.................................................16
Discharge.................................................................................51
5.6
Physician..................................................................................17
Lay-Off.....................................................................................
5.7
Cost of Exam............................................................................17
Retirement ..............................................
5.8
Nepotism..................................................................................17
Failure to Complete Probation..................................................52
5.9
Employment Eligibility Lists.....................................................17
Re-Hire....................................................................................52
5.10
Methods of Filling Vacancies....................................................18
5.11
Probationary Period..................................................................18
5.12
Disability Non -Discrimination Policy and Complaint Procedure.
19
6.1 Benefits....................................................................................25
6.2 Computation Date....................................................................25
6.3 Types of Leave.. ....................... ............................................... 25
6.4 Employee Assistance Program_-, .........................................46
6.5 Pension....................................................................................47
6.6 Flexible Spending.....................................................................47
7.1 General Policy.........................................................................48
7.2 Orientation of New Employees.................................................48
7.3 Time of Training.......................................................................48
7.4 Types of Training......................................................................48
7.5 Reimbursement for Training.....................................................48
7.6 Completion of Training.............................................................49
7.7 Conferences and Seminars.......................................................49
8.1
Transfer............................................................................50
8.2
Promotions...............................................................................50
8.3
Demotion.................................................................................50
8.4
Methods of Separation.. ...........................................................
51
8.5
Voluntary Resignation in Good Standing
..................................51
8.6
Discharge.................................................................................51
8.7
Lay-Off.....................................................................................
51
8.8
Retirement ..............................................
.................. ..........52
8.9
Failure to Complete Probation..................................................52
8.10
Re-Hire....................................................................................52
8458647.1 DA010-003
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
9.1
Employee Conduct Generally ...................................................
53
9.2
Discipline Policy.......................................................................53
9.3
Emergency Procedures............................................................
60
9.4
Harassment, Discrimination and Retaliation Policy...................61
9.5
Outside Employment................................................................68
9.6
Political Activity.........................................................................69
9.7
Smoking Policy.............................................................:...........70
9.8
Drug and Alcohol -Free Workplace Environment Policy ..... .......
70
9.9
Implementation of Workplace Violence Policy ..........................73
9.10
Town Equipment Use..............................................................75
9.11
Fraud in the Workplace...........................................................76
10.1 Purpose...................................................................................79
10.2 Matters Subject to Grievance...................................................79
10.3 Matters Not Subject to Grievance............................................79
10.4 Grievance Procedure...............................................................79
10.5 Conduct of Grievance Procedure.............................................80
8458647.1 DA010-003
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 1
GENERAL PROVISIONS
1.1 Purpose
The purpose of these policies and procedures is to implement the Personnel Policy Guidelines
of the Town Council adopted by Resolution 58-01, and amended by Resolution 49-2018 which
are as follows:
1.1.1 Recruiting, selecting, and advancing employees on their relative abilities, knowledge
and skills;
1.1.2 Providing equitable and competitive compensation;
1.1.3 Training employees as needed, to assure high quality performance;
1.1.4 Retaining employees on the basis of the adequacy of their performance and dismissing
employees who demonstrate insufficient progress towards, or are unable to meet,
minimum performance standards;
1.1.5 Assuring the impartial treatment of applicants and employees in all aspects of
personnel administration without regard to political affiliation, race, color, national
origin, sex (including gender, gender identity, gender expression, transgender,
pregnancy, and breastfeeding), sexual orientation, religion, age, marital status,
disability, or any other basis prohibited by statute, and with proper regard for their
privacy and constitutional rights as citizens.
All employees will be provided with copies of these policies and procedures, any changes, and
departmental directives or regulations related to these policies and procedures. Employees will
indicate receipt of policies and procedures by signing a statement to that effect.
These policies and procedures shall apply to all offices, positions and employees of the Town of
Danville, except:
1.3.1 Elected officers;
1.3.2 Members of appointed boards, comrnissions and committees;
1.3.3 Town Manager and City Attorney, except as incorporated into their employment
agreements;
1.3.4 Temporary, seasonal employees;
1.3.5 Volunteer personnel; and
1.3.6 Consultants and others who provide services under contract, except as otherwise
provided by employment agreements or contract.
8458647.1 DA010-003 1 Section 1 - General Provisions
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
1.4 Town Manager
Ordinance No. 10 and Resolution No. 47-83 of the Town of Danville designates the Town
Manager as the Appointing Authority and authorizes him/her to delegate, for administrative
purposes, these duties and responsibilities to other officers and employees of the Town.
1.5 Relationshlp to Other Administrative Procedures
Within each operating department and service program of the organization, operating
procedures will be developed to ensure that the work of each department and/or program is
carried out with "quality service to the public with operating efficiency and effectiveness" in
mind.
1.6 Severability
If any provisions of these policies and procedures, or their application to an employee or
circumstance, are held invalid, the remainder of the policies and procedures and their
application shall not be affected.
1.7 Policies
All amendments to these policies must be approved by the Town Council.
1.9 Chango of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate and other temporary
or permanent changes in status of employees must be approved by the Town Manager and
reported to the Human Resources Manager.
1.10.1 Content of Personnel Files - The Human Resources Manager will maintain a file on
each employee which will contain all records and documents pertinent to his/her
employment status and history.
1.10.2 Access to Personnel Files - The confidential information in personnel files will not be
revealed to outside sources except as required by law or with the consent of the
employee and the Department Director. Human Resources may reveal the following
information regarding an employee, or former employee, in response to public records
requests consistent with state and federal law:
a. Employee's name
I,. Classification title and department
C. Status
8458647.1 DA010-003 2 Section 1 - General Provisions
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
d. Salary
e. Hire date and, if applicable, separation date
This information is a matter of public record and is available to anyone. An employee,
his/her immediate supervisor and/or Department Director, or his/her representative,
may inspect his/her personnel file.
Within 30 calendar days of a written request, a current or former employee has the
right to inspect his/her personnel file or receive a copy of the personnel file. An
employee shall be furnished a copy of any statement written for inclusion in the
employee's personnel file concerning the employee's conduct or performance. An
employee may prepare material for insertion in his/her personnel file in response or
rebuttal to any material in the file.
8458647.1 DA010-003 3 Section 1 - General Provisions
TOWN OF DANVILLE
PERSONNEL, POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 2
DEFINITION OF TERMS
Terms used in these policies and procedures are defined as follows:
2.1 Acknowledgment of Work Period
F,ach employee must complete an approved Alternate Work Schedule Form designating his/her
specific assigned work period if other than the standard workweek of 37.5 hours (i.e., 8:30 a.m. -
5:00 p.m. with lunch from 12:00 p.m. -1:00 p.m.).
The assignment of an individual position to an appropriate classification on the basis of the
type, difficulty and responsibility of the work assigned. As used in these policies and
procedures, employees are appointed to positions; positions are allocated to classes.
The month and day of an employee's appointment to a benefited position.
Pension, medical and other benefits as set by Council.
2.5 Certification
The process whereby the Human Resources Manager identifies qualified candidates who have
successfully completed all qualifying requirements and may be considered for a probationary
appointment.
2:6 Crass
A group of positions sufficiently similar in duties, responsibilities, authority, and qualifications
to permit combining them under a single title.
A single document containing all class specifications applicable to all regular positions which
serves as a basis for determining recruitment, selection, training, evaluation, retention, and
compensation standards.
2.8 Class.Specifotion
A written description of a class of work, including an appropriate class title, which describes the
level of the work assigned, and specifies desirable knowledge, skill and ability standards for
positions assigned to the class.
8458647.1 DA010-003 4 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
The continuous employment of an employee having a probationary or regular appointment
without break or interruption, except by approved leave.
The month, day and year of an employee's appointment to a position.
2.11 Demotion
The voluntary or involuntary reduction of a regular employee to a position in another class
having a lower maximum salary rate.
The involuntary dismissal of an employee.
Anyone who has registered as a domestic part -tier under California Family Code Section 297.
A person paid to occupy a position with the Town.
2.14.1 Regular Emplgyeee - an employee who has successfully completed the probationary
period in a part-time or full-time benefitted position. Types of regular employees
include:
a) Full -Time Employee - an employee who works the maximum hours permitted
under the Town's standard work week.
b) Part -Time Employee - An employee who works less than an average of 37.5 hours
per week.
c) Provisional Employee - An employee who has provisional status in a vacant
position during which time the employee may be under consideration for a
probationary or regular status. The provisional status is for no more than a six (6)
month period for emergency or interim conditions. The Human. Resources
Manager may extend provisional status for an additional six (6) month period, if
recommended by the Department Director.
2.14.2 Probationary Employee - An employee who is hired for, or promoted to, a benefited
full-time or part-time position. Probationary status is for the specified initial six (6)
month uninterrupted period during which job performance is evaluated as the basis
for consideration for regular status.
2.14.3 At -Will EM219yee - Any employee who was hired to serve at the pleasure of the Town
Manager for no specified term and does not serve a probationary period.
2.14.4 Temporary/Seasonal Employee - An employee who is hired to work less than 1,000
hours during a fiscal year and who receives no benefits except as required by law.
8458647.1 DA010-003 5 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
This program is available to assist employees in resolving a wide range of personal problems
which might otherwise adversely affect their job performance.
Any device or procedure used to measure abilities and suitability for employment including,
but not limited to, oral interviews, written tests, performance tests, pre -placement physicals,
drug and/or alcohol testing, evaluation of education/ experience and performance during
probation.
2.17Employee Engagement Committee
The Employee Engagement Committee is composed of selected employee representatives from
each of the Town's defined work groups. Human Resources Division staff are advisory
members to the Committee. The purpose of the Committee is to: (1) assist the Town Manager
by providing a forum for the discussion of issues that affect employees; (2) disseminate
information to all organizational work groups; and (3) play a role in the grievance process, if
necessary or appropriate.
2.18.1 Regular Employment Eli rite, sil ty List - A list of names of persons who have qualified to
be considered for regular status may be valid for up to one year from the date of final
interview.
2.18.2 Reinstatement List - A list of names of regular employees who have been laid off or
demoted in lieu of lay-off.
2.19.1 Exempt Employee - An exempt employee is a professional, administrative, executive,
technical or managerial level employee who is paid a set salary to accomplish his/her
job responsibilities. Exempt employees are not paid by the hour and do not qualify for
compensatory time off or overtime pay. Exempt employees generally have more
responsibility on a decision-making level. These positions meet specific tests
established by the Fair Labor Standards Act (FLSA) and California state law.
2.19.2 Non -Exempt Employee - A Non-exempt employee is paid by the hour to accomplish a
specific job assignment. Non-exempt employees qualify for overtime pay or
compensatory time off in lieu of overtime pay. These positions do not meet FLSA
exemption tests.
Voluntary resignation requiring a minimum of two weeks notification. Leave is not to be taken
during the last two weeks. Former employees with this designation are eligible to be rehired.
The actual amount paid to an employee for each regular hour/month worked.
8458647.1 DA010-003 6 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
An employee's spouse, partner, child, parent, brother, sister, mother/father-vz-law,
brother/sister-in-law, grandparent, grandchildren, stepparents, stepsiblings, or stepchildren.
The elimination of a position(s) and dismissal or demotion of incumbents in those positions due
to reorganization, reassignment, lack of work, or lack of funds.
Authorized absence by an employee from his/her place of work.
Any work period that is different from the standard workweek. Certain departments or
employees may have different hours as recommended by the Department Director and
approved by .the Town Manager.
The employment of "close family relatives" which include current spouse, children, parents,
grandparents, brothers and sisters.
Time worked by regular full-time or part-time non-exempt employees in excess of the regular
full-time 37.5 hour workweek is considered overtime with the exception of a pre -approved
modified work schedule.
Any action taken with reference to appointment, compensation, promotion, title change,
demotion, commendations, transfer, reassignment, layoff, discipline, or discharge. A completed
Personnel Action Form must be completed and approved for all changes listed above.
A combination of current duties and responsibilities requiring the full time, part-time, or
temporary services of an employee.
A six-month trial period during which an employee is required to demonstrate his/her fitness
to perform the actual duties required of a specific position. The probationary period is an
integral part of the examination of an individual.
The advancement of an employee from a position in one class to a position in another class
having a higher maximum rate of pay.
8458647.1 DA010-003 7 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
A person who has been determined to meet the minimum qualifications by the Human
Resources Manager for consideration for a position.
The change of an employee from one class to another class. If necessary, the reassigned
employee's salary will be adjusted to fall within the range of his/her new position.
The reassignment of a position by raising it to a higher class, reducing it to a lower class or by
moving it to another class at the same level as measured by a significant change in the kind,
difficulty and responsibility of the work performed.
An action which decreases an employee's base pay amount.
2,* Reinstatement
The re-employment, without examination, of a former full-time probationary or regular
employee who has previously been laid off, or demoted in lieu of being laid off, and whose
name appears on a reinstatement list.
2.37 Rn -hire
The re-employment, without examination, after voluntary separation in good standing, of a
former regular or probationary employee in a position assigned to the same or a lower
classification than the position from which the employee separated.
2.38 Safe and Workin on Wellness Wd Committees
The Safety and Working on Welhiess (WOW) committees are composed of selected employee
representatives from each of the Town's work groups. The Committees' objectives are to meet
regulatory safety requirements, ensure a high standard of safety throughout the organization
and promote healthy choices through preventative measures, education, and activities.
The minimum and maximum salary rates assigned to a class.
The voluntary or involuntary separation of an employee's employment with the Town. For
voluntary separation, a minimum of two weeks' notice prior to separation is required unless
waived by Department Director.
The standard workweek is 37.5 hours, Monday through Friday, from 8:30 a.m. to 5:00 p.m. with
one hour lunch.
8458647.1 DA010-003 8 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
An employee with the responsibility for organizing, directing and evaluating the work of other
employees.
2.43 ' Suspension
The temporary and involuntary interruption of service, for a limited period of time, of an
employee for disciplinary purposes.
2.44 Tlthe7 Sheet
The document or electronic process by which an employee's time worked and leave taken is
recorded.
2L44 Trsinirrg
Employee Development Training is budgeted within each department for individual
development and budgeted within the Human Resources Division for Town -wide training.
Training and Employee Development helps provide every employee with an opportunity for
professional and personal growth while meeting the organization's needs for greater
productivity and effectiveness.
2.46 Transfer
A change of an employee from one position to another position in the same or comparable class.
An authorized position which is not occupied.
A salary rate above the maximum rate of the range to which a position is assigned, which is
paid to an employee following reassignment, reclassification or the adjustment of the range to a
lower level. The Y -rate is retained until the newly assigned range has a maximum rate equal to
or higher than the Y -rate.
8458647.1 DA010-003 9 Section 2 - Definition of Terms
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 3
CLASSIFICATION PLAN
The purpose of the Classification Plan is to provide a complete and continuous inventory of all
classifications, to provide accurate specifications and to ensure that each position is allocated to
the appropriate classification.
3.2 Classification of Positions
All regular positions are grouped into classes. Each class includes those positions sufficiently
similar in duties and responsibilities and requiring similar education, experience, knowledge,
skills and abilities.
3.3 Preparation and Content of Class Specifications
The Human Resources Manager is responsible for preparing and maintaining class
specifications for all positions. The specifications include, but are not limited to, a list of
examples of duties and a statement of desirable qualifications required for employee status.
3.4 lnterprotaton of Class Specifications
All class specifications describe typical examples of duties that employees occupying positions
in the class may be required to perform. Class specifications are explanatory but not restrictive.
The listing of particular tasks does not preclude the assignment of other tasks of related kind or
character, or requiring lesser skills. The purpose of the class specification is to describe essential
duties, level and nature of the work so that qualification standards and compensation may be
equitably applied; it is not expected that each individual task required be included in the
specification.
3.5 Notice
Amendments or revisions to the Classification Plan will be provided to affected employees. The
provisions of the Classification Plan are to be observed in the handling of all personnel actions
and activities. The Classification Plan may be amended or revised as required.
3.6 Allocation -of Positions
The Town Manager is responsible for approving the assignment of each position to one of the
classes established by the plan.
3.T Request for CIi�SSlfication R@View
A regular employee may request a review of their classification assignment. The requests will
be submitted in writing to the employee's immediate supervisor, and must specify the reason
the employee believes the classification should be changed. A request for classification review
shall be forwarded to the Department Director for recommendations and to the Town Manager
for decision.
8458647.1 DA010-003 10 Section 3 - Classification Plan
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 4
COMPENSATION PLAN
Purpose
The purpose of the Compensation Plan is to provide equitable and competitive compensation
for all employees in accordance with approved compensation policies.
4.2 Preparation of Plan
The Human Resources Manager shall prepare a Compensation Plan, including specified rates of
pay assigned to classifications and supplemental benefits. The plan and any provisions become
effective upon approval of the annual operating budget by the Town Council.
4.3.1 Rate of Pay - Each employee is paid a rate of pay within the salary range for the class
in which he/she is employed.
4.3.2 Entrance Salary - An employee is appointed at the minimum rate for the class, except
(1) when appointment at a higher rate is appropriate due to the promotion of an
existing employee, or (2) when the Department Director believes it is necessary to
make an appointment or reinstatement above the minimum rate. In reviewing such
requests, consideration will be given to the candidate's qualifications, experience,
availability of other qualified candidates and the resulting salary relationships with
similar positions.
4.3.3 Merit Salam' Adjustments - Merit salary adjustments may be recommended by a
Department Director to recognize quality of performance. Employees are not entitled,
by virtue of their employment with the Town, to receive a merit salary adjustment at
any specific time or any specific amount of adjustment. All regular and fixed term
employees who have been employed by the Town for one year as of August 1 of each
year are eligible for, and will receive consideration for, merit salary adjustments
subject to the provisions of this section. An employees absence from work, for any
reason, ii1 excess of thirty (30) calendar days during the first year of employment shall
extend the August 1 eligibility date by the number of days of the employee -'s absence.
4.3.4 Merit Salary Adjustment Guidelines - The Human Resources Manager will prepare
guidelines for use by all supervisors when considering an employee for a merit salary
adjustment and will ensure that all supervisors are apprised of, and receive training in,
the application of the merit salary adjustment guidelines. The guidelines will be based
on a systematic performance appraisal process.
4.3.5 Cash Bonus - A cash bonus to a maximum of 5% of present annual salary may be
iotstai1diilg nLiaJarded to eipioyees iii ifir�idii
requirements of their employment. Bonus pay requires advance approval of the Town
Manager.
8458647.1 DA010-003 11 Section 4 - Compensation Plan
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
4.3.6 Annual Review - Regular employees will be considered for a merit adjustment once
each year if funds are budgeted and available. If in the opinion of the Department
Director a merit adjustment is not warranted at the time of the review, consideration
for an adjustment may be deferred to a later date, and the employee will be notified by
the Department Director.
4.3.7 Movement to a Higher Classification - When an employee is promoted to a class
having a higher salary range, the employee will normally be paid at the entrance step
of the assigned range. If the entrance step is lower than the employee's current salary,
the employee's salary will be adjusted to 5% above current salary. Promotions to a
higher classification will result in a minimum 5% pay raise.
4.3.8 Involuntary Reclassification - If an employee is reassigned to a class with a lower
salary range, the employee's salary will be set as determined by the Department
Director and approved by the Town Manager. If an employee is reassigned to a class
with a lower salary range as a consequence of disciplinary action, the employee's
salary will be set as determined by the disciplinary proceedings.
4.3.9 Voluntary Reclassification - If an employee voluntarily accepts reclassification to a
lower class in lieu of layoff, or for other reasons, the employee is to be assigned a rate
of pay within the salary range of the new classification which is nearest to the
employee's current rate of pay.
4.3.10 Transfer - When an employee receives a lateral transfer or is transferred, from one
classification to another classification having the same salary range, the employee's
pay and leave will remain unchanged.
4.3.11 Acting Pax - When assigned to "act" in a higher level classification for an
uninterrupted period of more than 20 working days, the acting employee may receive
a rate of compensation which is at least 5% above the employee's current pay rate or
the minimum rate for the class to which the employee is assigned on an acting basis,
whichever is greater. Acting pay is recommended by Department Director and
approved by the Town Manager.
4.3.12 Regular Dull -Time Employees - Regular full-time employees shall be eligible to receive
supplemental benefits as authorized by the Town Council in the compensation plan.
4.3.13 Regular Part -Time Employees - Regular part-time employees in designated part-time
positions who work an average of 20 or more hours per week on an annual basis shall
be eligible to receive prorated supplemental benefits as authorized by the Town
Council in the compensation plan.
4.3.14 Provisional Employees - Provisional employees will be paid a salary rate within the
salary range assigned to the position classification as outlined in the compensation
plan and will receive supplemental benefits.
4.3.15 Temporary /Seasonal Employees - Temporary/ Seasonal Employees are assigned an
8458647.1 DA010-003 12 Section 4 - Compensation Plan
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REVISED DATE: 5/1/18
hourly rate of pay.
4.3.16 Stand-by Pay - Stand-by occurs when an employee is assigned specific hours outside
their standard workweek during which the employee must remain accessible by
telephone or cell phone in order to return to work if required. Stand-by duty shall not
count as hours worked. Employees performing stand-by duty shall be paid at the
approved hourly rate.
4.3.17 Call -Out Pay - Non-exempt employees are entitled to call -out pay if after completing
their work day and departing their work site, they are required to return to work.
Employees called back to work in these circumstances shall be entitled to a minimum
of two hours of compensation at 1-1/2 times regular pay.
4.4 Salary Range Adjustments
Salary range adjustments are effective on the date specified by the Town Council and are
intended to reflect changes iri the cost of living and other economic and market factors
applicable to an employee's classification. Salary range adjustments are to be distinguished
from merit salary adjustments which are intended to recognize quality of performance. Salary
range adjustments do not change the actual salary paid to an employee unless the salary range
adjustment results in an employee's salary dropping below the bottom of the new range. In
that case, the employee salary shall be increased to the bottom of the new range.
4.5 Partial Pay -Period Pay
Earnings for employees working less than their declared work week in a pay period will be
computed by multiplying the number of hours actually worked during the pay period by the
employee's rate of pay unless accrued leave or compensatory leave are applied.
4.6.1 Authorization - Non-exempt employees are prohibited from working overtime unless
overtime is authorized by the appropriate supervisor in advance of its occurrence, and
if the time is recorded on the employee's time sheet. Non-exempt employees who
work overtime without authorization will receive overtime pay but may be subject to
disciplinary action.
4.6.2 Eligibility for Overtime - The Town Manager will determine which classifications are
eligible for overtime and which comply with applicable state and federal laws.
4.6.3 Overtime Compensation - Overtime is calculated in 15 minute increments, rounded
up. Hours worked in excess of 37.5 hours per week by non-exempt employees shall be
compensated at the rate of 1?/2 times regular pay. Compensatory Time Off (CTO) in
lieu of receiving overtime pay, may be granted in accordance with
the provisions of the Federal Fair Labor Standards Act, and upon approval by the
employee's supervisor for each hour worked.
4.6.4 Holiday O v erhme r..f. mpensi"at:.on - Non-exempt employees who 5: ork Oten a paid
declared holiday will receive double their regular hourly pay. Compensatory Time
Off (CTO), in lieu of receiving overtime pay, may be granted in accordance with
8458647.1 DA010-003 13 Section 4 - Compensation Plan
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REVISED DATE: 5/1/18
provision of the Federal Fair Labor Standards Act, and upon approval of the
employee's supervisor, for each hour worked.
14.t Com pipe s p m
All forms of compensation due upon separation, whether voluntary, or involuntary, are paid at
the rate effective at the time of separation. Leave is cashed out as defined in Section 6.3.1(f).
The Town Manager will declare specific work periods for Town employees, each of which
complies with the Fair Labor Standards Act.
wakas am EMO
The Town Manager will declare specified employee positions as exempt from certain provisions
of the Fair Labor Standards Act.
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REVISED DATE: 5/1/18
SECTION 5
EMPL O YMENT/RECRUI TMENT
5.1 Purpose
Recruitment and selection procedures are intended to ensure that all position vacancies are
filled with qualified, competent persons who are well-suited to perform the position in which
they are employed. It is the objective of the Town to obtain the best qualified person or persons
available based on the Town's ability to attract highly qualified persons in the marketplace and
conduct a fair evaluation of applicants.
5.2 Procedure
Prior to recruiting for a position, written authorization must be obtained from the Town
Manager.
5.3 Applications" and Appllcants'
5.3.1 Announcements - Vacancies will be publicized to attract the best qualified candidates.
Announcements of vacancies are to be placed on the Town of Danville web page and
on suitable websites for the position being recruited. To ensure that current employees
are aware of the vacancy, announcements will be distributed electronically by the
Human Resources Division. In addition to describing the nature of the work,
recruitment announcements will also include desirable qualification standards, the
procedure for submitting an application and the application submission time period.
5.3.2 Application Forms - The Human Resources ,Manager will provide a standard
application form which shall be completed by all applicants. The application form
may require such applicant information as deemed necessary by the Human
Resources Manager and consistent with applicable state and federal law.
5.3.3 Disqualification - Any application may be rejected if it is incomplete or if it is not
submitted within the specified filing date. When an application is rejected, the
applicant shall be notified of the rejection electronically.
5.3.4 Confidentiality - All forms of applicant information including, but not limited to,
applications, resumes, evaluations and correspondence related thereto, is to be held by
the Human Resources Manager or his/her designee(s) as confidential information.
Access to such information will be authorized by the Human Resources Manager as
necessary for the proper conduct of recruitment and selection activities.
5.4 Applicant Evalluatlon
5.4.1 Nature and Types of Examination - Selection techniques used in the evaluation of
applicants are to be impartial and related to those subjects which fairly measure the
relative capacities of applicants to execute the duties and responsibilities of the
position.
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Examinations may consist of selection techniques such as, but not limited to, written
tests, personal interviews, performance tests, assessment centers, physical agility tests,
medical examinations, or any combination of these or other tests. The probationary
period, which may include the evaluation of daily work performance, work samples
and the successful completion of prescribed training, is an extension of, and an
integral part of, the examination process. Examinations will be designed to provide
equal opportunity to all candidates and will include an analysis of essential job-related
requirements and factors only. Examinations shall comply with the Americans with
Disabilities Act (ADA).
5.4.2 Scoring of Examinations - If an applicant evaluation process involves more than one
part, each part may be separately rated and scored. If the parts are separately scored,
all parts of the examination will be averaged together to arrive at a final score. If parts
of an examination are to be given more weight than other parts, such weighted factors
are to be noted in the announcement of the vacancy. A candidate's total score in a
given examination is to be used for the sole purpose of arriving at a final
determination that an applicant is qualified or disqualified for further consideration.
5.4.3 Notification of Examination Results Review of Papers, and Examination Appeal
Each candidate in an examination will be given notice of the examination results.
Candidates have the right to inspect their own examination answer sheets within
seven (7) working days after the notice of results is mailed. The rating sheets of
individual oral interview evaluators are not open to applicant inspection. Any error in
computation, if appealed to the Human Resources Manager within this period, will be
corrected. However, such corrections will not invalidate appointments previously
made. Neither originals, nor copies, of candidate examination materials may be taken
from the premises of the Human Resources office without prior approval of the
Human Resources Manager.
Medical examinations may be required under the following circumstances:
5.5.1 To be eligible for placement or re-employment in a position for which a conditional
offer of employment or re-employment has been made by the Town and if the
examination is job-related and consistent with organizational necessity.
5.5.2 To be promoted or transferred to a job classification requiring greater physical
qualifications than in employee's present job classification and if the examination is
job-related and consistent with organizational necessity.
5.5.3 Any employee may be required to complete a medical examination designated by the
Human Resources Manager to determine whether the employee has the physical or
mental ability to perform essential job functions when there is significant evidence: (1)
the employee appears to be unable to perform or has difficulty performing one or
more essential functions of his or her job; and (2) there is reason to question the
employee's ability to safely or efficiently complete work duties.
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REVISED DATE: 5/1/18
All medical examinations will be performed by a licensed physician approved by the Human
Resources Manager.
5.7 Cast of Exam
The Town will pay the cost of any medical examination required under this section.
5.8 Nepotism
It is the policy of the Town of Danville not to discriminate in its employment and personnel
actions with respect to its employees, prospective employees and applicants on the basis of
marital status. No employee, prospective employee or applicant shall be improperly denied
employment on the basis of his or her marital status. Marital status is defined as an individual's
state of marriage, non -marriage, divorce or dissolution, separation, widowhood, annulment or
other marital state for the purpose of this anti -discrimination policy. Spouse is defined as
"partner in a marriage" as defined by California Civil Code Section 4100.
Notwithstanding the above provisions, the Town of Danville retains the right:
5.8.1 To refuse to place one party of a family relationship under the direct supervision of the
other party to a family relationship where such has the potential for creating adverse
impact on supervision, safety, security or morale of the employees.
5.8.2 To refuse to place both parties of a family relationship in the same department,
division or facility where such has the potential for creating adverse impact on
supervision, safety, security or morale or involves potential conflicts of interest.
5.8.3 To refuse to place one party of a family relationship in a position to exert influence on
the hiring, transfer or promotion of the other party in a relationship.
5.9 Em loyment;Eligibility Lists
5.9.1 Preparation and Availability - As soon as possible after the completion of the applicant
evaluation process, the Human Resources office will prepare and keep available an
employment eligibility list consisting of the names of candidates who are eligible for
consideration for appointment.
5.9.2 Duration of List - All employment eligibility lists expire within twelve (12) months
from the final interview date unless extended by the Human Resources Manager.
5.9.3 Removal of Names From List - The name of any person appearing on an employment
eligibility list will be removed if the individual requests in writing that his/her name
be removed, if he/she fails to respond to a notice mailed to his/her last known
address, or for any of the reasons specified in 5.9.3. The names of current employees
who resign will be automatically removed from all such employment lists.
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5.10.1 Employee Staters - Vacancies may be filled by transfer, promotion, demotion, re -hire,
recruitment or reinstatement from a list of qualified candidates certified by the Human
Resources Manager, or at the discretion of the Town Manager. In the absence of
qualified candidates, provisional appointments may be made. In-house recruitments
are open to all current qualified employees. Outside recruitments are open to all
qualified applicants.
5.10.2 Notice to Human Resources Manager - It is the responsibility of the Department
Director to notify the Human Resources Manager whenever a vacancy is to be filled.
5.1.0.3 Reinstatement - If a reinstatement list is in effect for the classification applicable to a
vacant position, the Department Director or Town Manager must first attempt to fill
the position from this list. If it is not possible to appoint an individual from a
reinstatement list or if no reinstatement list exists for the classification, the vacancy
may be filled by other procedures specified in these guidelines.
5.10.4 Provisional Status - In the absence of qualified candidates willing to accept provisional
status, a current employee meeting the minimum training and experience
qualifications for the position may be provisionally assigned with the concurrence of
the Human Resources Manager. A provisional employee may be removed from that
position at any time without the right of appeal. A provisional employee may be
employed up to six (6) months. A provisional status may be extended for an
additional six-month period, if recommended by the Department Director and
approved by the Human Resources Manager.
5.11.1 Objective of Probationary Period - The probationary period is an integral part of the
examination process and is to be utilized for closely observing the employee's work
and for securing the most effective adjustment of a new or promoted employee to
his/her position.
5.11.2 Regular Status Following Probationary Period - All regular employee positions, except
provisional, shall be tentative and subject to a probationary period of not less than six
months of uninterrupted service. Before the end of the probationary period, the
Supervisor will notify the Department Director and Human Resources Manager that
regular status of the employee is desired. A Personnel Action Form will be completed
stating that employee passed probation. Also, a yearly performance evaluation form
will be completed.
5.11.3 Failure to Successfully, Complete Probation - During the six-month probationary
period, an employee may be terminated without cause and without the right of
appeal. Notification of rejection/ dismissal shall be provided by the Department
Manager/ Director to the probationary employee and the Human Resources Manager.
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REVISED DATE: 5/1/18
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In cases where discrimination on the basis of an individual's disability is/has been alleged, the
policies and procedures as defined by state and federal law shall prevail over any conflicting
provisions in the Town's Personnel Policies and Procedures.
5.12.1 Purpose
a. Prohibit and eliminate any discrimination in employment against a qualified
individual with a disability;
b. Define what constitutes "disability;"
C. Define who is a "qualified individual with a disability;"
d. Define discrimination on the basis of disability; and
e. Establish a procedure for investigating and resolving internal disability
discrimination complaints.
5.12.2 Policv
a. Discrimination on the basis of disability against an applicant or an employee
who is a qualified individual with a disability, by a supervisor, management
employee, or co-worker, is not condoned and will not be tolerated. This Policy
applies to the job application process and to all terms and conditions of
employment including, but not limited to, hiring, placement, promotion,
disciplinary action, layoff, recall, transfer, leave of absence, compensation and
training.
b. All complaints of discrimination on the basis of disability will be promptly and
objectively investigated.
C. The Town will institute disciplinary action, up to and including separation, for
behavior described in the definition of discrimination on the basis of disability
set forth in this Policy.
d. Any retaliation against a person for filing a discrimination charge or making a
discrimination complaint is prohibited.
e. The person responsible for compliance with this Policy is the Human Resources
Manager. All complaints based on disability should be directed to the Human
Resources Manager by the complainant, the complainant's immediate
supervisor, or the complainant's Department Director.
5.12.3 Definitions:
a. Disabilityis:
1) A physical or mental impairment that limits one or more major life;
activities; or
2) Having a record of such an impairment; and/or
3) Being regarded by the Town as having such impairment.
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REVISED DATE: 5/1/18
b. Physical or Mental lnlpairnients/Medical Conditions - Physical or mental
impairments and medical conditions include, but are not limited to: vision,
speech and hearing impairments; emotional disturbance and mental illness;
seizure disorders; intellectual developmental disorder; orthopedic and
neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous
conditions; cancer; genetic characteristics; asthma; Hepatitis B; HN infection;
and alcoholism or drug addiction if the addict has successfully completed or is
participating in a rehabilitation program and no longer abuses alcohol or uses
illegal drugs.
C. Limitation of Major Life Activities - An individual is disabled if he/she has a
physical or mental impairment that (a) renders him/her unable to perform a
major life activity; or (b) limits the condition, manner or duration under which
he/she can perform a particular major life activity in comparison to other people.
Major life activities are functions including, but not limited to, caring for oneself,
performing manual tasks, walking, seeing, hearing, speaking, breathing, learning
and working.
In determining whether physical or mental impairment limits the condition,
manner or duration under which an individual can perform a particular major
life activity in comparison to other people, the following factors shall be
considered:
1) The nature and severity of the impairment;
2) The duration or expected duration of the impairment; and
3) The permanent or long-term impact (or expected impact) of, or resulting
from, the impairment.
In determining whether a physical or mental impairment limits an individual
with respect to the major life activity of "working," the following factors should
be considered:
1) The geographical area to which the individual has reasonable access;
2) The job from which the individual has been disqualified because of an
impairment and the number and types of jobs within that geographical area
utilizing similar training, knowledge, skills or abilities from which the
individual is also disqualified because of the impairment; and/or
3) The number and types of other jobs within that geographical area not
utilizing similar training, knowledge, skills or abilities (to the job from which
disqualified) from which the individual is also disqualified because of the
impairment (broad range of jobs in various classes).
5.12.4 Having a Record of lmpaiiment - An individual is disabled if he/she has a history of
having an impairment that limits the having
of a major life activity; or has been
diagnosed, correctly or Inc -1-1 tly, - iiavl'.5 s'aich an impairment.
8458647.1 DA010-003 20 Section 5 - Employment Recruitment
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REVISED DATE: 5/1/18
5.12.5 Qualified Individual With a Disability - A "qualified individual with a disability" is a
person who (1) satisfies the job-related requirements for the position, and (2) can
perform the essential functions of the position with or without a reasonable
accommodation.
a. Satisfies lob -Related Requirements - The first step is to determine whether the
disabled individual satisfies the job-related requirements of the position.
Satisfying the job-related requirements of the position means that the disabled
individual possesses the appropriate educational background, employment
experience, skills, and licenses required for the position.
b. Essential rob Functions - The second step is to determine whether the individual
can perform the essential functions of the position despite the disability.
Essential functions are the fundamental duties of a position. Marginal or
peripheral functions of a position are not essential functions. A function may be
essential because:
1) The reason the position exists is to perform that function;
2) There are a limited number of employees available among whom the
performance of that job function can be distributed; and
3) It is highly specialized and requires specific expertise or skill to perform.
The following factors shall be considered in determining whether a function is
essential: written job descriptions; the amount of time spent on the job performing the
function; the consequences of not requiring the performance of the function; the work
experience of past and present incumbents in the position; and the Town's judgment
as to what functions are essential.
C. Accommodation - If the individual cannot perform the essential functions
despite his/her disability, the third step is to determine whether reasonable
accommodation would enable the individual to perform the essential functions
of the position.
Accommodation is any change in the work environment or in the way things are
customarily done that enables a disabled individual to enjoy equal employment
opportunities. Accommodation means modifications or adjustments:
1) To a job application process to enable an individual with a disability to be
considered for the position;
2) To the work environment in which a position is performed so that a disabled
person can perform the essential functions of the position; and
3) That enable disabled individuals to enjoy equal benefits and privileges of
employment as other similarly situated employees without disabilities enjoy.
8458647.1 DA010-003 21 Section 5 - Employment Recruitment
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
Accommodation includes making existing facilities and equipment used by
employees accessible to, and usable by, individuals with disabilities.
Accommodation applies to:
1) All employment decisions and to the job application process;
2) All services and programs provided in connection with employment;
3) Non -work facilities provided by the Town to all employees; and
4) Known disabilities only.
Accommodation is not required if:
1) It eliminates essential functions of a position from the disabled individual's
job; or
2) Adjustments or modifications requested are primarily for the benefit of the
disabled individual.
5.12.6 Undue Hardship/Harm to Health and Safety - The Town will not provide an
accommodation that imposes an "undue hardship" on the operation of the Town's
business, or that would harm the health or safety of any individual. Undue hardship
refers to any accommodation that would be unduly costly, extensive, substantial or
disruptive, or that would fundamentally alter the nature or operations of the business.
Whether a particular accommodation will impose an undue hardship is determined on
a case-by-case basis. The following factors will be considered in determining whether
an accommodation would create an undue hardship: the nature and cost of the
accommodation; the financial resources of the Town; the number of employees; the
type of operations of the Town, including the composition and functions of its
workforce.
5.12.7 Determining the Appropriate Accommodation - If a qualified individual with a
disability requests a reasonable accommodation, the Town shall engage in an informal,
interactive process with the disabled person, which identifies the precise limitations
resulting from the disability and the potential accommodations that could overcome
those limitations.
The accommodation process shall generally involve five steps. First, the Town shall
analyze the particular job at issue and determine its purpose and essential functions.
Second, the Town shall consult with the disabled individual to ascertain the precise
job-related limitations imposed by the individual's disability. Third, the Town shall
consult with the disabled individual to identify potential accommodations. Fourth,
the Town shall assess the effectiveness of each potential accommodation with regard
to enabling the individual to perform the essential functions of the position. Finally,
the Town shall consider the preference of the individual to be accommodated and
select and implement the accommodation that is most appropriate for both the
employee and the Town.
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5.12.8 Discrimination on the Basis of Disability - The Town prohibits discrimination against a
qualified individual with a disability on the basis of that disability with regard to:
a. Recruitment, advertising, and job application procedures;
b. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff, and rehiring;
C. Rates of pay or any other form of compensation and changes in compensation;
d. Job assignments, job classifications, organizational structures, position
descriptions, lines of profession, and seniority lists;
e. Leaves of absence, sick leave, or any other leave;
f. Fringe benefits available by virtue of employment, whether or not administered
by the Town;
g. Selection and financial support for training, including apprenticeships,
professional meetings, conferences and other relations activities, and selection for
leaves of absence to pursue training;
h. Activities sponsored by the Town including social and recreational programs;
and
i. Any other term, condition, or privilege of employment.
5.12.9 Complaint Procedure - A job applicant or employee who believes he/she has been
discriminated against on the basis of disability may make a written complaint as soon
as possible after the incident to: (a) complainant's immediate supervisor; (b)
complainant's Department Director; or (c) the Human Resources Manager designated
to coordinate the Towns efforts to comply with federal and state laws concerning
employment discrimination on the basis of disability.
In order to facilitate the investigation, the complainant is encouraged to submit the
complaint within 30 days of the alleged incident(s). Where reasonable circumstances
prevent the filing of the complaint within this time period, complaints received after
this time period may be accepted. The complaint shall include:
a. A description of the offending behavior(s) or violations;
b. Date(s), time(s) and location(s) of incident(s);
C. Name(s) of alleged offender(s);
d. Name(s) of witnesses, if any; and
e. Remedy desires.
Complainant's immediate supervisor or Department Director shall refer all complaints
received to the Human Resources Manager.
Upon receipt of a complaint, the Human Resources Manager or designee shall
investigate all charges. The investigation shall include interviews with: (a) the
„ . i,_ „_.__ .� ,... is a '-\ i
c:omplainanu (b) he person(s) allegedly engaged in discrimination; and tL) any o ter
person the Human Resources Manager or designee believes to have relevant
knowledge concerning the complaint.
8458647.1 DA010-003 23 Section 6 - Benefits & Services
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
Upon completion of the investigation, the Human Resources Manager or designee
shall review factual information gathered through the investigation to determine
whether the alleged conduct constitutes discrimination, giving consideration to all
factual information, the totality of the circumstances, including the nature of the
alleged discriminatory conduct and the context in which the alleged, incidents
occurred.
The Human Resources Manager or designee shall then prepare a written report setting
forth the results of the investigation and the determination as to whether
discrimination occurred. A summary of the results of the investigation shall be
conveyed to appropriate persons including the complainant, the person(s) allegedly
engaged in discrimination, the supervisor, Department Director and the City Attorney.
If it is determined that discrimination occurred, swift and appropriate disciplinary
action will be commensurate with the severity and/or frequency of the offense.
Reasonable steps shall be taken to protect the victim from retaliation as a result of
communicating the complaint.
Unresolved disputes by Town employees may be appealed through the grievance
procedures as set forth in the Town of Danville, Personnel Policies and Procedures,
Section 10 - Grievance Procedure.
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 6
BENEFITS AND SERVICES
61 Bonefifs
Employees shall receive benefits as provided for by these policies and set by Council.
6.2 Computation Date
For the purpose of calculating earned leave, an employee's original date of hire will be used
unless the employee has been rehired, in which case the rehire date will be used.
6.3 Types of Leave
The following types of leave are recognized:
6.3.1 General Leave
6.3.2 Sick Leave
6.3.3 Administrative Leave
6.3.4 Holiday Leave
6.3.5 Compensatory Time Off (CTO)
6.3.6 Jury Duty
6.3.7 Bereavement Leave
6.3.8 Military Leave
6.3.9 Parental Leave
6.3.10 Workers' Compensation Leave
6.3.11 Disability Leave
6.3.12 Leave Without Pay
6.3.13 Absence Without Leave
6.3.14 Donated Leave Hours
6.3.15 Paid Sick Leave for Temporary/ Seasonal Employees
6.3.16 Family Care Leave
6.3.1 General Leave - General Leave is earned by regular full-time, regular part-time, and
probationary employees.
a. Purposes for General Leave - General Leave may be used for any of the
following purposes:
1) Vacation or personal time off;
2) For the employee's own diagnosis, care, or treatment of an existing health
condition or preventative care;
3) For the diagnosis, care, or treatment of an existing health condition or
preventative care for an employee's family member, including:
8458647.1 DA010-003 25 Section 6 — Benefits & Services
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REVISED DATE: 5/1/18
A. A child who, for the purposes of this Policy, includes a biological,
adopted, or foster child, stepchild, legal ward, or a child to whom the
employee stands in loco parentis.. This definition of a child is
applicable regardless of age or dependency status;
B. A biological, adoptive, or foster parent, stepparent, or legal guardian
of an employee or the employee's spouse or registered domestic
partner, or a person who stood in loco parentis when the employee
was a minor child;
C. A spouse;
D. A registered domestic partner;
E. A grandparent;
F. A grandchild; or
G. A sibling.
4) To obtain any relief or services related to being a victim of domestic
violence, sexual assault, or stalking, including the following with
appropriate certification of the need for such services:
A. A temporary restraining order or restraining order;
B. Other injunctive relief to help ensure the health, safety or welfare of
themselves or their children;
C. To seek medical attention for injuries caused by domestic violence,
sexual assault, or stalking;
D. To obtain services from a domestic violence shelter, program, or rape
crisis center as a result of domestic violence, sexual assault, or
stalking;
E. To obtain psychological counseling related to an experience of
domestic violence, sexual assault, or stalking; or
F. To participate in safety planning and take other actions to increase
safety from future domestic violence, sexual assault, or stalking,
including temporary or permanent relocation; or
5) Holiday Furlough - Prior to the completion of probation, newly hired
probationary employees can only use accrued General Leave for their own
illness or injury (Section 6.3.1(a)(2)); to care for a family member's illness or
injury (Section 6.3.1(a)(3)); to obtain relief or services related to being a
victim of domestic violence, sexual assault, or stalking (Section 6.3.1(a)(4));
or for the time off during the Towns Holiday Furlough. Re-classified or
promoted probationary employees who are not new hires can use General
Leave for any purpose.
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b. Accrual - Full -Tine Employees - Regular full-time and probationary full-time
employees accrue General Leave credit as shown on the following schedule:
First day of employment
20 days/150 hrs.
5.77 hours
through the last day of the first
ear of employment
First day of the second year
22 days/ 165 hrs.
6.35 hours
through last day of fifth year of
em loyment
First day of the sixth year
27 days/ 202.5 hrs.
7.79 hours
through the last day of the ninth
year of employment
First day of the tenth year
30 days/ 225 hrs.
8.65 hours
through remaining years of
employment
C. Accrual - Part -Time Employees - Regular part-time and probationary part-time
employees accrue General Leave based on a pro rata share of the leave schedule
as shown above. The pro rata share of earned General Leave is determined as
follows:
20-24 hours worked 50%
25-29 hours worked 65%
30 hours worked 80%
d. General Leave Cap - No employee shall accrue more hours of unused General
Leave than prescribed by the General Leave caps below. When an employee's
unused General Leave balance reaches the General Leave cap stated below, such
employee shall no longer accrue General Leave until their balance falls below the
General Leave cap's maximum accrual limit.
1) Employees hired on or after October 15,1991:
0 - 5 years of service -165 hours General Leave cap
6 plus years of service - 202.5 hours General Leave cap
2) Employees hired prior to October 15,1991:
405 hours General Leave cap
e. Carry Over - General Leave carries over year-to-year, subject to the General
Leave cap.
f. Cash Out of General Leave Upon Separation of Employment - An employee shall
receive compensation for unused General Leave hours upon termination,
resignation, retirement, or other separation of employment from the Town at the
employee's hourly rate at the time of separation of employment.
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g. Use of General Leave - The use of General Leave is a benefit to the general well-
being of an employee, his/her family and the organization. Consequently,
unless an employee has written authorization from the Department Director and
the Human Resources Manager, at least 75 hours of paid leave must be taken in a
calendar year annually. Employees in their first year of employment must take
37.5 hours of paid leave in a calendar year annually. Employees who do not take
at least two weeks off (equivalent to 75 hours; prorated for part-time employees)
may be required to do so upon reasonable notice by a Department Director.
h. Supervisory Approval of General Leave - Reasonable limitations on the use of
General Leave are necessary for the benefit of employees and the organization in
general. Factors that supervisors can consider for denying a leave request
include, but are not limited to, the number of work units or Town employees
already scheduled to be on leave during the period requested, the priority
and/or urgency of the work assignments for that individual employee or work
unit, and the employee's past use of both scheduled and unscheduled leave.
Supervisors cannot deny a General Leave request for an employee's own illness
or injury (Section 6.3.1(a)(2)), to care for a family member's illness or injury
(Section 6.3.1(a)(3)), and to obtain relief or services related to being a victim of
domestic violence, sexual assault, or stalking (Section 6.3.1(a)(4)).
i. Notice - All General Leave and Sick Leave must be recorded in Employee Self -
Serve (ESS) and approved in advance by the employee's supervisor if the leave is
foreseeable. Any General Leave or Sick Leave that can be reasonably forecast or
anticipated, such as elective hospitalization, personal business, medical, dental or
psychological care and care of children, requires the prior approval of the
employee's supervisor or Department Director. An employee requiring General
Leave or Sick Leave for unanticipated reasons such as general illness, care of
children, or other emergencies must notify his/her supervisor as soon as
practicable and is encouraged to provide notice within one (1) hour after the time
set for reporting to work. If a request to use General Leave is not approved, it
may require that time off be recorded as Leave without Pay.
6.3.2 Sick Leave - When an employee has accrued General Leave hours sufficient to reach
the General Leave Cap stated in Section 6.3.1 (d), the employee shall accrue Sick Leave
at the same rate provided for General Leave accruals in Section 6.3.1 (b) -(c). Pursuant
to this Policy, Sick Leave shall only be earned for such time as the employee is
ineligible to accrue General Leave due to reaching the General Leave cap.
a. Purposes for Sick Leave - Sick Leave may only be used for the following
purposes:
1) For the employee's own diagnosis, care, or treatment of an existing health
condition or preventative care;
2) For the diagnosis, care, or treatment of an existing health condition or
preventative care for an employee's family member; or
8458647.1 DA010-003 28 Section 6 - Benefits & Services
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3) To obtain any relief or services related to being a victim of domestic violence,
sexual assault, or stalking.
b. Accrual - Full -Time Employee
No employee shall accrue more than 975 hours of combined unused General
Leave and Sick Leave, consistent with the Sick Leave caps stated below and the
General Leave caps stated in Section 6.3.1(d). When an employee's unused Sick
Leave balance reaches the Sick Leave cap, such employee shall no longer accrue
Sick Leave until the balance falls below the Sick Leave cap's maximum accrual
limit.
1) Employees hired after October 15,1991:
0 - 5 years of service - 810 hours Sick Leave cap
6 plus years - 772.5 hours Sick Leave cap
2) Employees hired prior to October 15,1991:
570 hours Sick Leave cap
C. Accrual - Part -Time Emplovees - Regular part-time and probationary part-time
employees accrue Sick Leave based on a pro rata share of the leave schedule as
shown above. The pro rata share of earned Sick Leave is determined as follows:
20-24 hours worked 50%
25-29 hours worked 65%
30 hours worked 80%
d. Carry Over - Sick Leave carries over year-to-year, subject to the Sick Leave cap.
e. Cash Out of Sick Leave Upon Separation of Employment - An employee will not
receive compensation for unused Sick Leave hours upon termination,
resignation, retirement, or other separation of employment from the Town.
f. Return to Employment After Illness or lniury - If more than 24 hours or three (3)
days of General Leave or Sick Leave is taken for the employee's own illness or
injury in one year of employment, then upon return to employment, the Town
may, at the discretion of the supervisor or Human Resources Manager, require
evidence in the form of a physician's or dentist's certificate or other evidence, to
determine whether or not the employee is capable of performing the duties of
his/her position.
6.3.3 Administrative Leave - Exempt employees (employees who are not eligible for
overtime) may be eligible for up to five (5) days (37.5 hours) of paid administrative
leave in a calendar year upon employment. Administrative Leave is pro -rated based
on date of hire. Regular part-time employees are eligible for an appropriate pro -rated
mimher of hoyars,/days of this amount in a calendar year. Administrative Leave may
be used during an employee's probationary period if approved by the supervisor
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before being taken. Administrative Leave must be approved by the supervisor before
being taken. Administrative Leave is not a vested right. It has no cash out value upon
separation and may not be carried over from one calendar year to the next. .
6.3.4 Holiday Leave - Probationary and regular full-time employees shall be compensated at
the regular rate of pay for the holiday time off.
All regular part-time employees shall receive a percentage of paid holidays, regardless
of whether these holidays fall on their regular work day. Temporary and seasonal
employees are not eligible for this benefit.
a. Holidays observed by the Town are:
New Year's Day
1 day
Martin Luther King's Birthday
1 day
Presidents' Day
1 day
Memorial Day
1 day
Independence Day
1 day
Labor Day
1 day
Veterans' Day
1 day
Thanksgiving Day and day after
2 days
Christmas Day
1 day
1St standard work day after Christmas
1 day
2 Floating Holidays
2 days
Total Holidays
13 days
Each regular, probationary and fixed term employee shall receive two floating
holidays for each calendar year. These holidays may be used by the employee
with the prior approval of the supervisor. The floating holidays may be used
during the probationary period. These floating holidays have no cash value and
may not be carried over from one calendar year to the next.
If any of these holidays falls on a Sunday, the Monday following will be treated
as the holiday. If the holiday falls on a Saturday, the Friday preceding will be
treated as the holiday.
b. Entitlement to Holiday Pay - When a holiday occurs and an employee is on
General Leave, the employee will receive holiday leave in lieu of having his/her
General Leave account charged. An employee will receive holiday pay provided
that the employee is on "paid status" the day prior to and the day after a holiday.
6.3.5 Compensatory Time Off - Non-exempt regular full-time employees may receive
compensatory time off (CTO) in lieu of pay for approved overtime work. Non-exempt
regular full-time employees shall accrue CTO at the rate of 1.5 hours for each hour
worked over 37.5 hours of actual work in the employee's work week. CTO cannot be
accumulated in excess or iGu hours at any given time. use of CTO must be approved
in advance by supervisor. Probationary employees may not receive compensatory
time off.
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Regular non-exempt, part-time employees shall receive straight -time pay for each hour
worked up to 37.5 hours per week. Hours worked in excess of 37.5 hours per week
shall be compensated at the rate of 1-1/2 times regular pay.
The Town will grant an employee's request to use accumulated CTO provided that:
(1) the department can accommodate the use of CTO on the day requested without
undue disruption; and (2) the employees make the request electronically to the
supervisor no later than five (5) days prior to the date requested.
The Town reserves the right to cash out accumulated CTO at any time.
Upon separation, CTO is cashed out at the employee's current FLSA regular rate of
pay (including all FLSA-applicable differentials). Employees separating from Town
service shall be compensated for all accrued, unused compensatory hours at the
current FLSA regular rate of pay, or the average regular rate for the prior three years,
whichever is higher.
Any CTO accrued must be used prior to General Leave.
6.3.6 jury and Subpoena Leave - Probationary, regular full-time, regular part-time
employees are entitled to paid leave for jury duty subject to the following conditions:
a. The employee has provided a copy of the jury duty notice to his/her supervisor
immediately upon having received the notice.
b. Any payments received, except travel expenses, for serving on the jury are
remitted to the Town within five (5) days of receipt by the employee.
The time spent on jury duty is not work time for purposes of calculating overtime
compensation.
Any employee subpoenaed to appear as a witness on behalf of the Town is entitled to
leave of absence with full pay upon presentation of the subpoena to his/her
immediate supervisor. An employee subpoenaed to appear as a witness for other
reasons may use accumulated General Leave for this purpose.
6.3.7 Bereavement Leave - In the event of a death in an employee's immediate family
member, as defined in Section 2.22, the supervisor may grant sufficient time off with
pay to make funeral arrangements and/or attend the funeral. In addition to General
Leave, employees may be granted up to five days (37.5 hours) paid Bereavement
Leave.
6.3.8 Military Leave - Military leave shall be granted in accordance with the provisions of
State and Federal law. An employee requesting leave for this purpose shall provide
the Department Director, whenever possible, with a copy of the military orders
specifying the dates, site and purpose of the activity or mission. Within the limits of
such orders, the Department Director may determine when the leave is to be taken and
may modify the employee's work schedule to accommodate the request for leave.
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6.3.9 Parental Leave - Ten days (based on a 7.5 hour work day; pro -rated for part-time
employees) paid Parental Leave will be granted to the employee for the birth or
adoption of a child beyond what is provided by state and federal law.
6.3.10 Workers' Compensation Leave - When an employee is off work as the result of an on-
the-job injury or illness sustained in the service of the Town, the employee is entitled
to Workers' Compensation Leave. While the employee is on Workers' Compensation
Leave, one of the two options available for method of payment is as follows:
a. Direct payment from Workers' Compensation which only pays two-thirds of the
employee's gross average weekly earnings (subject to state statutory minimum and
maximum rates); or
b. Direct payment from the Town will be 100% in the amount equal to regular
earnings of which Workers' Compensation accounts for two-thirds of the
employee's gross average weekly earnings (subject to state statutory minimum and
maximum rates) and the remainder will be taken from employee's Leave.
6.3.11 Disability Leave - As a result of a non -job related illness or injury requiring time off
beyond the unused accumulation of leave in the employee's account, a regular or
probationary employee may request to be placed on Disability Leave without pay
subject to the following conditions:
a. A medical examination by a licensed physician of the Town's choice may be
required to verify the nature and potential length of the disability. At a
minimum, written verification of the nature and length of the disability from the
employee's physician must be submitted along with the employee's initial
request for Disability Leave.
b. The employee must submit regular (monthly) written status reports from the
employee's physician describing the current status of the disability and the
employee's suitability to assume partial or complete work assignments in the
position from which the employee is on leave. Periodic medical examinations by
a physician of the Town's choice may be required. Failure to submit the required
physician's reports in a timely manner is cause for termination.
C. Prior to being placed on Disability Leave, required time off will be compensated
through use of the employee's General Leave account.
d. All reinstatements because of disability must be on the certification of a
physician recognized by the Town and with approval of the Human Resources
Manager.
e. If an employee is unable to return to work (in the position from which he/she is
on leave) within 120 calendar days after being placed on Disability Leave, the
employee may be separated from Town employment.
f. The provisions of 6.3.12 relating to a leave of absence without pay apply to
1 7 �7•L_ Leave. ,,_ ..
employees on Disability Leave.
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6.3.12 Leave Without Pati - When it is in the best interest of the organization, a leave of
absence without pay may be granted to an employee subject to the following:
a. Probationary employees who have planned vacation and seek approval from the
Human Resources Division and their supervisor at the time of orientation.
b. Requests for Leave Without Pay for one (1) week or less require the approval of a
Department Director.
C. Requests for Leave Without Pay for more than one (1) week require the approval
of the Town Manager.
d. Leave Without Pay may not exceed one hundred twenty (120) calendar days.
e. The anniversary date of an employee granted Leave Without Pay for more than
thirty (30) days will be adjusted.
6.3.12.1 Leave Without Pay will be considered for:
a. Employees who are unable to work and who have used all entitled General /Sick
Leave.
b. Regular or probationary employees who request this option for parental leave.
C. Employees who have personal needs requiring direct attention (evaluated on the
merits of each individual case).
d. Employees engaged in elective training directly related to their position with the
Town or a position to which the employee may likely be considered for
promotion.
e. Employees who require Bereavement, Medical or Family Emergency Leave and
who have used all General / Sick Leave to which entitled.
6.3.12.2 When an employee is on Leave Without Pay:
a. Beginning the first day of Leave Without Pay, retirement contributions,
General/Sick Leave benefits, pension benefits and other supplemental benefits
cease.
b. Employer paid -insurance benefits cease on the next premium payment date after
the date the employee is placed on leave without pay unless the employee can
make provisions to personally pay premium expenses while on leave.
6.3.13 Absence Without Leave - An employee who is absent from his/her designated place of
work without notifying his/her immediate supervisor for a period of three (3)
consecutive work days may be terminated.
6.3.14 Donated Leave Hours
a. The purpose of donated leave hours is to assist employees who have an
approved leave but do not have sufficient leave hours because they have
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REVISED DATE: 5/1/18
exhausted all of their leave hours and paid time off.
b. Requests for donated hours for employees must be submitted in writing to the
Human Resources Division. Employees must include the nature of the need
generally and the expected length of the need for leave. Confidential health
information is not required. Employees must state whether the general nature of
the need can be disclosed to other employees.
C. If the employee meets the above qualifications, the Human Resources Division
staff will ask for donations from either employees in their department or all
benefited employees.
d. Employees are allowed to donate General Leave or Sick Leave to assist other
employees. Employees who volunteer to donate leave may donate in any hourly
increment. All unused donated leave will be returned to the donor one month
after the employee's return to work. Donated leave may be used within one
month of the employee's return to work for sick leave purposes.
6.3.15 Paid Sick Leave for Temporary/Seasonal Employ
a. Purpose - The purpose of this Temporary/ Seasonal Employees Paid Sick Leave
Policy is to comply with the Healthy Workplaces, Healthy Families Act of 2014
(Assembly Bill 1522), which requires paid sick leave for temporary/ seasonal
employees of the Town of Danville, and to establish procedures for paid sick
leave use in accordance with the Town's legal obligations under the Healthy
Workplaces, Healthy Families Act of 2014. This Policy goes into effect July 1,
2015. The Town reserves the right to modify this Policy to the extent the legal
obligations under the Healthy Workplaces, Healthy Families Act of 2014 are
further clarified by the Legislature, a Court, or other regulatory body.
b. Temporary/Seasonal Employees Accrual and Use of Paid Sick Leave - This
Policy establishes guidelines regarding paid sick leave accrual and use for
temporary/ seasonal employees who are employed by the Town.
i. Definition of Temporary/ Seasonal Employee - An employee who is hired
to work for the Town for less than 1,000 hours during a fiscal year and
who is non -benefited except for receiving paid sick leave under this
Policy.
ii. Accrual Rate - A temporary/ seasonal employee will accrue one (1) hour
of paid sick leave for every 30 hours worked beginning on July 1, 2015 or
the first day of employment, whichever date is later.
iii. 30 -Day Waiting Period - A temporary/ seasonal employee is entitled to
paid sick leave on the 30th calendar day of employment.
iv. 90 -Day Waiting Period - A temporary/ seasonal employee is not entitled
to begm. using accrued paid zirlc l_Pava i -in -ti --1- the 9Qth ralendir do of y
employment with the Town.
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V. Annual Use Cap - A temporary/ seasonal employee is only permitted to
use a maximum of 24 hours or three (3) days, whichever is greater, of
accrued paid sick leave time in each year of employment.
vi. Accrual Cap - A temporary/ seasonal employee can only accrue paid sick
leave up to a cap of 6 days or 48 hours, whichever is greater, ongoing.
vii. Carr. Oven - A temporary/ seasonal employee's accrued and unused
paid sick leave shall carry over to the following year of employment.
viii. Pay for Paid Sick Leave - Paid sick leave is provided at the
temporary/ seasonal employee's base hourly wage rate. Paid sick leave
will not be considered hours worked for purposes of overtime
calculation, but will count toward allotted work hours.
ix. Definition of Year of Employment - For employees employed with the
Town on July 1, 2015, a "year of employment" will be the 12 -month
period beginning July 1st. For employees hired or rehired by the Town
after July 1, 2015, a "year of employment" will be the 12 -month period
beginning on their date of hire or rehire.
C. Purposes for Using Paid Sick Leave - A temporary/ seasonal employee may use
accrued paid sick leave for any of the following reasons:
i. For the temporary/ seasonal employee's own diagnosis, care, or treatment
of an existing health condition or preventative care.
ii. For the diagnosis, care, or treatment of an existing health condition or
preventative care for a temporary/ seasonal employee's family member,
including:
1) A child who, for the purposes of this Policy, includes a biological,
adopted, or foster child, stepchild, legal ward, or a child to whom the
employee stands in loco parentis. This definition of a child is
applicable regardless of age or dependency status.
2) A biological, adoptive, or foster parent, stepparent, or legal guardian
of an employee or the employee's spouse or registered domestic
partner, or a person who stood in loco parentis when the employee
was a minor child.
3) A spouse.
4) A registered domestic partner.
5) A grandparent.
6) A grandchild.
7) A sibling.
iii. To obtain any relief or services related to being a victim of domestic
8458647.1 DA010-003 35 Section 6 — Benefits & Services
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violence, sexual assault, or stalking, including the following with
appropriate certification of the need for such services:
A. A temporary restraining order or restraining order.
B. Other injunctive relief to help ensure the health, safety or welfare of
themselves or their children.
C. To seek medical attention for injuries caused by domestic violence,
sexual assault, or stalking.
D. To obtain services from a domestic violence shelter, program, or rape
crisis center as a result of domestic violence, sexual assault, or
stalking.
E. To obtain psychological counseling related to an experience of
domestic violence, sexual assault, or stalking.
F. To participate in safety planning and take other actions to increase
safety from future domestic violence, sexual assault, or stalking,
including temporary or permanent relocation.
d. Minimum Increments - A temporary/ seasonal employee who uses paid sick
leave must do so with a minimum increment of two (2) hours of accrued paid
sick leave.
e. Employee Notice of Leave - A temporary/ seasonal employee shall provide
reasonable advance notification of his or her need to use accrued paid sick leave
to his or her supervisor if the need for paid sick leave use is foreseeable (e.g., a
doctor's appointment scheduled in advance). If the need for paid sick leave use
is unforeseeable, the temporary/ seasonal employee shall provide notice of the
need for the leave to their supervisor as soon as is practicable.
Temporary/ seasonal employees are strongly encouraged to notify their
supervisors of their need to use accrued paid sick leave within the first hour of a
scheduled work shift/ day.
f. No Cash Out - Temporary/ seasonal employees shall not receive any pay or
compensation for unused accrued paid sick leave upon termination, resignation,
retirement, or other separation from employment.
g. Reinstatement of Paid Sick Leave Upon Rehire - If a temporary/ seasonal
employee separates from Town employment and is re -hired by the Town within
one year of the date of separation, previously accrued and unused paid sick
leave hours shall be reinstated. However, if a rehired employee had not yet
worked the requisite 90 calendar days of employment to use paid sick leave at
the time of separation, the employee must still satisfy the 90 days of employment
requirement col1ective1,7 nyer the perinds of Pmpinyment with the Tnwn befnre
any paid sick leave can be used.
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6.3.16 Family Care Leave - To the extent not already provided for under current leave
policies and provisions, the Town will provide family and medical care leave for
eligible employees as required by state and federal law. The following provisions set
forth certain rights and obligations with respect to such leave. Rights and obligations
which are not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of 1993
("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless
otherwise provided by this section, "Leave" under section 6.3.16 shall mean leave
pursuant to the FMLA and CFRA.
6.3.16.1 Definitions:
a. "12 -Month Period" means a rolling 12 -month period measured backward from
the date leave is taken and continuous with each additional leave day taken.
b. "Child" means a child under the age of 18 years of age, or 18 years of age or
older who is incapable of self care because of a mental or physical disability. An
employee's child is one for whom the employee has actual day-to-day
responsibility for care and includes a biological, adopted, foster or step -child,
legal ward, or a child of a person standing in loco parentis (in place of a parent).
A child is "incapable of self care" if he/she requires active assistance or
supervision to provide daily self-care in three or more of the activities of daily
living or instrumental activities of daily living such as, caring for grooming and
hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public
transportation, paying bills, maintaining a residence, using telephones and
directories, etc.
C. "Parent" means the biological, adoptive, step or foster parent of an employee, or
an individual who stands or stood in loco parentis (in place of a parent) to an
employee when the employee was a child. This term does not include parents-
in-law.
d. "Spouse" means a legally married partner as defined or recognized under
California State law for purposes of marriage.
e. "Domestic Partner," as defined by Family Code section 297 et seq., shall have
the same meaning as "Spouse" for purposes of CFRA leave.
f. "Serious health condition" means an illness, injury impairment, or physical or
mental condition that involves:
1) Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential
medical care facility, including any period of incapacity (i.e., inability to work, or
perform other regular daily activities due to the serious health condition,
treatment fin v7oIt7ed, nr mvorir
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2) Continuing treatment by a health care provider: A serious health condition
8458647.1 DA010-003 37 Section 6 - Benefits & Services
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involving continuing treatment by a health care provider includes any one or
more of the following:
a) A period of incapacity (i.e., inability to work, or perform other regular
daily activities) due to serious health condition of more than three full
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
i) Treatment two or more times within 30 days of the first day of
incapacity by a health care provider, by a nurse or physiciari s
assistant under direct supervision by a health care provider, or by a
provider of health care services (e.g., a physical therapist) under
orders of, or on referral by a health care provider; or
ii) Treatment by a health care provider on at least one occasion which
results in a regimen of continuing treatment under the supervision of
the health care provider. This includes for example, a course of
prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over the
counter, and can be initiated without a visit to a health care provider,
it does not constitute a regimen of continuing treatment.
b) Any period of incapacity due to pregnancy or for prenatal care. (This
entitles the employee to FMLA leave, but not CFRA leave. Under California
law, an employee disabled by pregnancy is entitled to pregnancy disability
leave.)
c) Any period of incapacity or treatment for such incapacity due to a chronic
serious health condition. A chronic serious health condition is one which:
i) Requires periodic visits (defined as at least twice a year) for treatment
by a health care provider, or by a nurse or physician's assistant under
direct supervision of a health care provider;
ii) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
iii) May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity
qualify for leave even if the absence lasts only one day.
d) A period of incapacity which is permanent or long-term due to a condition
for which treatment may not be effective. The employee or family member
must be under the continuing supervision of, but need not be receiving
active treatment by a health care provider.
e) Any period of absence to receive multiple treatments (including any period
W^ recovery therefrom) by a health care jtl - .der -- },y a prp��it�Pr of }tealth
care services under orders of, or on referral by, a health care provider,
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either for restorative surgery after an accident or other injury, or for a
condition that would likely result in a period of incapacity of more than
three consecutive calendar days in the absence of medical intervention or
treatment.
g. "Health Care Provider" means:
1) Doctor of Medicine or Osteopathy who is authorized to practice medicine or
surgery by the State of California;
2) Individuals duly licensed as a physician, surgeon, or osteopathic physician or
surgeon in another state or jurisdiction, including another country, who
directly treats or supervises treatment of a serious health condition;
3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors
(limited to treatment consisting of manual manipulation of the spine to
correct a subluxation as demonstrated by X-ray to exist) authorized to
practice in California and performing within the scope of their practice as
defined under California State law;
4) Nurse practitioners and nurse -midwives, clinical social workers, and
physician assistants who are authorized to practice under California State
law and who are performing within the scope of their practice as defined
under California State law;
5) Christian Science practitioners listed with the First Church of Christ, Scientist
in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan's
benefits manager will accept certification of the existence of a serious health
condition to substantiate a claim for benefits.
h. "Covered Active Duty" means:
1) In the case of a member of a regular component of the Armed Forces, duty
during the deployment of the member with Armed Forces to a foreign
country; or
2) In the case of a member of a reserve component of the Armed Forces, duty
during the deployment of a member of the Armed Forces to a foreign country
under a call or order to active duty under certain specified provisions.
i. "Covered Servicemember" means:
1) A current member of the Armed Forces, including a member of the National
Guard or Reserves, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness; or
2) A veteran who is undergoing medical treatment, recuperation, or therapy, for
a serious injury or illness and who was a member of the Armed Forces,
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REVISED DATE: 5/1/18
including a member of the National Guard or Reserves, at any time during
the period of five (5) year preceding the date on which the veteran undergoes
that medical treatment, recuperation, or therapy.
"Outpatient Status" means, with respect to a covered servicemember, the status of
a member of the Armed Forces assigned to either: (1) a military medical treatment
facility as an outpatient; or (2) a unit established for the purpose of providing
command and control of members of the Armed Forces receiving medical care as
outpatients.
k. "Next of Kin of a Covered Servicemember' means the nearest blood relative
other than the covered servicemember's spouse, parent, son, or daughter, in the
following order of priority: Blood relatives who have been granted legal custody
of the covered servicemember by court decree or statutory provisions, brothers
and sisters, grandparents, aunts and uncles, and first cousins, unless the covered
servicemember has specifically designated in writing another blood relative as his
or her nearest blood relative for purposes of military caregiver leave under the
FMLA.
1. "Serious Injury or Illness"
1) In the case of a member of the Armed Forces, including a member of the
National Guard or Reserves, means an injury or illness that was incurred by
the member in the line of duty on active duty in the Armed Forces (or existed
before the beginning of the member's active duty and was aggravated by
service in the line of duty on active duty in the Armed Forces) and that may
render the member medically unfit to perform the duties of the member's
office, grade, rank, or rating; or
2) In the case of a veteran who was a member of the Armed Forces, including a
member of the National Guard or Reserves, at any time during the period of
five (5) years preceding the date on which the veteran undergoes that
medical treatment, recuperation, or therapy, means a qualifying injury or
illness that was incurred by the member in the line of duty on active duty in
the Armed Forces (or existed before the beginning of the member's active
duty and was aggravated by service in the line of duty on active duty in the
Armed Forces) and that manifested itself before or after the member became
a veteran.
6.3.16.2 Reasons for Leave - Leave is only permitted for the following reasons:
a. The birth of a child or to care for a newborn of an employee;
b. The placement of a child with an employee in connection with the adoption or
foster care of a child;
C. Leave to care for a child, parent, spouse or domestic partner who has a serious
health condition;
d. Leave because of a serious health condition that makes the employee unable to
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REVISED DATE: 5/1/18
perform the functions of his/her position;
e. Leave of a "qualifying exigency' may be taken arising out of the fact that an
employee's spouse, son, daughter, or parent is on covered active duty or call to
active duty status (under the FMLA only, not the CFRA); or
f. Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a
covered servicemember of the United States Armed Forces who has a serious
injury or illness incurred in the line of duty while on active military duty or
existed before the beginning of the member's active duty and was aggravated by
service in the line of duty on active duty in the Armed Forces. This leave can run
up to 26 weeks of unpaid leave during a single 12 -month period (under FMLA
only, not the CFRA).
Employees who misuse or abuse FMLA or CFRA leave may be disciplined up to and
including termination.
6.3.16.3 Employees Eligible for Leave - An employee is eligible for leave if the employee:
a. Has been employed for at least 12 months; and
b. Has been employed for at least 1,250 hours during the 12 -month period
immediately preceding the commencement of the leave.
6.3.16.4 Amount of Leave - Eligible employees are entitled to a total of 12 workweeks (or 26
workweeks to care for a covered servicemember) of leave during any 12 -month
period. Where FMLA leave qualifies as both military caregiver leave and care for a
family member with a serious health condition, the leave will be designated as
military caregiver leave first.
a. Minimum Duration of Leave - If leave is requested for the birth, adoption or
foster care placement of a child of the employee, leave must be concluded within
one year of the birth or placement of the child. In addition, the basic minimum
duration of such leave is two weeks. However, an employee is entitled to leave
for one of these purposes (e.g., bonding with a newborn) for at least one day, but
less than two weeks duration on any two occasions.
If leave is requested to care for a child, parent, spouse, domestic partner or the
employee him/herself with a serious health condition, there is no minimum
amount of leave that must be taken. However, the notice and medical
certification provisions of this Policy must be complied with.
b. Parents both Employed by the Town - In any case in which both parents are
employed by the Town and are entitled to leave, the aggregate number of
workweeks of leave to which both may be entitled may be limited to 12
workweeks during any 12 -month period if leave is taken for the birth or
placement for adoption or foster care of the employees' child (i.e., bonding
leave).
8458647.1 DA010-003 41 Section 6 - Benefits & Services
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
In any case in which spouses both employed by the Town are entitled to leave,
the aggregate number of workweeks of leave to which both may be entitled may
be limited to 26 workweeks during any 12 -month period if leave is taken to care
for a covered servicemember.
This limitation does not apply to any other type of leave under this Policy.
6.3.16.5 Employee Benefits While on Leave - Family Care Leave under this Policy is unpaid.
While on Family Care Leave, employees will continue to be covered by the Town's
group health insurance to the same extent that coverage is provided while the
employee is on the job, up to 12 weeks leave each year. If the employee is disabled by
pregnancy, coverage will continue to be covered for up to four (4) months leave each
year.
In the event an employee is disabled by pregnancy and also uses leave under the
California Family Right Act, the Town .will maintain the employee's health benefits
while the employee is disabled by pregnancy (up to four (4) months or 17 weeks) and
during the employee's CFRA leave (up to 12 weeks).
If an employee fails to return to work after his/her leave entitlement has been
exhausted or expires, the Town shall have the right to recover its share of health plan
premiums for the entire leave period, unless the employee does not return because of
the continuation, recurrence, or onset of a serious health condition of the employee or
his/her family member which would entitle the employee to leave, or because of
circumstances beyond the employee's control. The Town shall have the right to
recover premiums through deduction from any sums due the Town (e.g., unpaid
wages, General Leave, etc.).
6.3.16.6 Substitution of Paid Accrued Leaves - While on leave under this Policy, as set forth
herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the
Town may require an employee to concurrently use paid accrued leaves after
requesting FMLA and/or CFRA leave, and may also require an employee to use
Family and Medical Care Leave concurrently with a non-FMLA/CFRA leave which is
FMLA/ CFRA-qualifying.
a. Employee's Right to Use Paid Accrued Leaves Concurrently With Family Leave -
When an employee has accrued General Leave, Administrative Leave or
Compensatory time, that paid leave may be substituted for all or part of any
(otherwise) unpaid leave under this Policy.
As for sick leave, an employee is entitled to use sick leave concurrently with
leave under this Policy if:
1. The leave is for the employee's own serious health condition; or
2. The leave is needed to care for a parent, spouse, child, or domestic partner
with a serious health condition, and would be permitted as sick leave under
the Town's sick leave policy.
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REVISED DATE: 5/1/18
b. Town's Right to Require an Employee to Use Paid Leave When Using
FMLA/CERA Leave - Employees must exhaust their accrued leaves concurrently
with FMLA/CFRA leave to the same extent that employees have the right to use
their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions:
1. Employees are required to use accrued compensatory time earned in lieu of
overtime earned pursuant to the Fair Labor Standards Act; and
2. Employees will only be required to use sick leave concurrently with
FMLA/ CFRA leave if the leave is for the employee's own serious health
condition.
c. Town's Right to Require an Employee to Exhaust FMLA/CFRA Leave
Concurrently with Other Leaves - If an employee takes a leave of absence for any
reason that is FMLA/CFRA qualifying, the Town may designate that non-
FMLA/CFRA leave as running concurrently with the employee's 12 -week
FMLA/CFRA leave entitlement.
d. Town's and Employee's Rights If an Employee Requests Accrued Leave, Other
than Accrued Sick Leave, Without Mentioning Either the FMLA or CFRA - If an
employee requests to utilize General Leave or other accrued paid time off, other
than sick leave, without reference to a FMLA/CFRA-qualifying purpose, the
Town may not ask the employee if the leave is for a FMLA/CFRA-qualifying
purpose. However, if the Town denies the employee's request and the employee
provides information that the requested time off is for a FMLA/CFRA-qualifying
purpose, the Town may inquire further into the reason for the absence. If the
reason is FMLA/CFRA-qualifying, the Town may require the employee to
exhaust General Leave as described above.
6.3.16.7 Medical Certification - Employees who request leave for their own serious health
condition or to care for a child, parent, spouse or domestic partner who has a serious
health condition must provide written certification from the health care provider of
the individual requiring care if requested by the Town. If the leave is requested
because of the employee's own serious health condition, the certification must include
a statement that the employee is unable to work at all or is unable to perform the
essential functions of his/her position.
Employees who request leave to care for a covered servicemember who is a child,
spouse, parent, or "next of kin' of the employee must provide written certification
from a health care provider regarding the injured servicemember's serious injury or
illness.
The first time an employee requests Leave because of a qualifying exigency, an
employer may require the employee to provide a copy of the military member's active
duty orders or other documentation issued by the military which indicates that the
covered military member is on covered active duty or call to active duty status in a
foreign country, and the dates or the military member's active duty service. A copy of
new active duty orders or similar documentation shall be provided to the employer if
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1./18
the need for leave because of a qualifying exigency arises out of a different active duty
or call to active duty status of the same or a different covered military member.
a. Time to Provide a Certification - When an employee's leave is foreseeable and at
least 30 days' notice has been provided, if a medical certification is requested, the
employee must provide it before the leave begins. When this is not possible, the
employee must provide the requested certification to the Town within the time
frame requested by the Town (which must allow at least 15 calendar days after
the employer's request), unless it is not practicable under the particular
circumstances to do so despite the employee's diligent, good faith efforts.
b. Consequences for Failure to Provide an Adequate or Timely Certification - If an
employee provides an incomplete medical certification, the employee will be
given a reasonable opportunity to cure any such deficiency. However, if an
employee fails to provide a medical certification within the time frame
established by this Policy, the Town may delay the taking of FMLA/CFRA leave
until the required certification is provided.
C. Recertification/Second and Third Medical Opinions - If the Town has reason to
doubt the validity of a certification, the Town may require a medical opinion of a
second health care provider chosen and paid for by the Town. If the second
opinion is different from the first, the Town may require the opinion of a third
provider jointly approved by the Town and the employee, but paid for by the
Town. The opinion of the third provider will be binding. An employee may
request a copy of the health care provider's opinions when there is a
recertification.
d. Intermittent Leave or Leave on a Reduced Leave Schedule - If an employee
requests leave intermittently (a few days or hours at a time) or on a reduced
leave schedule to care for an immediate family member with a serious health
condition, the employee must provide medical certification that such leave is
medically necessary. "Medically necessary" means there must be a medical need
for the leave and that the leave can best be accomplished through an intermittent
or reduced leave schedule.
6.3.16.8 Employee Notice of Leave - Although the Town recognizes that emergencies arise that
may require employees to request immediate leave, employees are required to give as
much notice as possible of their need for leave. Except for qualifying exigency leave, if
leave is foreseeable, at least 30 days' notice is required. In addition, if an employee
knows that he/she will need leave in the future, but does not know the exact date(s)
(e.g., for the birth of a child or to take care of a newborn), the employee shall inform
his/her supervisor as soon as possible that such leave will be needed. Such notice
may be orally given. If the Town determines that an employees notice is inadequate
or the employee knew about the requested leave in advance of the request, the Town
may delay the granting of the leave until it can, in its discretion, adequately cover the
position with a substitute.
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
6.3.16.9 Reinstatement upon Return from Leave
Right to Reinstatement - Upon expiration of leave, an employee is entitled to be
reinstated to the position of employment held when the leave commenced, or to
an equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment. Employees have no greater rights to
reinstatement, benefits and other conditions of employment than if the employee
had been continuously employed during the FMLA/CFRA period. If a definite
date of reinstatement has been agreed upon at the beginning of the leave, the
employee will be reinstated on the date agreed upon. If the reinstatement date
differs from the original agreement of the employee and Town the employee will
be reinstated within two business days, where feasible, after the employee
notifies the employer of his/her readiness to return.
b. Employee's Obligation to Periodically Report on His/ Her Condition - Employees
may be required to periodically report on their status and intent to return to
work. This will avoid any delays to reinstatement when the employee is ready to
return.
C. Fitness for Duty Certification - As a condition of reinstatement of an employee
whose leave was due to the employee's own serious health condition that made
the employee unable to perform his/her job, the employee must obtain and
present a fitness -for -duty certification from the health care provider that the
employee is able to resume work. Failure to provide such certification will result
in denial of reinstatement.
d. Reinstatement of "Key Employees" - The Town may deny reinstatement to a
"key" employee (i.e., an employee who is among the highest paid 10 percent of
all employed by the Town within 75 miles of the work site) if such denial is
necessary to prevent substantial and grievous economic injury to the operations
of the Town, and the employee is notified of the Town's intent to deny
reinstatement on such basis at the time the employer determines that such injury
would occur.
6.3.16.10 Required Forms - Employees must fill out the following applicable forms in
connection with leave under this Policy:
a. A "Request for Family or Medical Leave Form' prepared by the Town to be
eligible for leave. Employees will receive Town's response to their request that
will set forth certain conditions of the leave;
b. A Medical certification either for the employee's own serious health condition or
for the serious health condition of a child, parent, spouse or domestic partner;
C. An Authorization for Return to Duty form.
d. A Fitness -for -Duty to Return From Leave form when leave was due to the
employee's own serious health condition that made the employee unable to
perform his/her job.
8458647.1 DA010-003 45 Section 6 - Benefits & Services
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
6A Ein hype Assistance Program
The Town of Danville has an established Employee Assistance Program (EAP). The Employee
Assistance Program is a confidential, employer -paid benefit program designed to assist
employees solve personal problems and manage everyday issues. The EAP includes brief
counseling and referral services for employees and their families to help employees resolve a
wide range of personal problems which can have a negative effect on job performance. Many
problems can be dealt with individually, by employees, by families, or with assistance from
supervisors. However, sometimes additional help is needed. The Town believes that it is in the
best interest of the employee, his/her family and the Town to provide support services that lead
the employee back to a fully productive personal and work life. The Town of Danville
recognizes that:
a. Regardless of the type of problem, financial, alcohol, drug, marital, family, etc.,
most problems can be successfully resolved provided that the problem is
identified early and proper assistance is obtained.
b. Employees or their family members can access the EAP directly without
discussion with Town personnel.
C. When job performance, attendance, punctuality or dependability is
unsatisfactory and the employee appears to be unable to correct such behavior,
either alone or with supervisory assistance, he/she may be referred to the EAP
services by his/her supervisor, Department Director or Human Resources
Manager.
d. This Policy applies to all employees, regardless of their job class, title or
responsibilities.
6.4.1 The Town of Danville's EAP provides that:
a. Individual rights to confidentiality will be assured in the same manner as any
other health records. EAP records will not be part of the employee's personnel
file and will not be seen by anyone outside the EAP without written permission
from the employee. No information will be released without written permission
of the employee except when required by law (i.e., child abuse, danger to others).
b. No employee will have job security or promotional opportunities jeopardized by
a request for help.
C. The decision to request help, follow through with a referral and seek treatment is
voluntary and will be the personal responsibility of the employee. The Town's
responsibility is to publicize the availability of assistance.
d. Employees participating in the EAP will be required to meet existing job
performance standards. This Policy does not replace existing management
policy, disciplinary procedure, or contractual agreements.
e. The ocrtJi� eu to utie EAP ui�l'ude eight (8) clrucal cons��ltatior'.s per i�nCiri[rnt� rner
benefit period and are free of charge to the employee. Costs not covered by the
EAP contract are the responsibility of the employee.
8458647.1 DA010-003 46 Section 6 - Benefits & Services
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
f. Any employee who wishes to continue with an EAP counselor upon completion
of the contracted visits must do so on a self -pay or insurance -paid basis.
g. All supervisors and management personnel are urged to suggest using the EAP,
and refer employees whose job performance is being impaired by personal
problems.
6.5 Pension
See the Towri s 401(a) eligibility requirements for pension distribution.
6.6 FMexible S ending
The Town offers Flexible Spending for medical and dental and dependent care
expenses. See Human Resources for complete Flexible Spending Account Plan
information.
8458647.1 DA010-003 47 Section 6 - Benefits & Services
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 7
TRAINING & DEVELOPMENT
7.1 General Policy
It is the policy of the Town to encourage and promote training and educational opportunities
for all employees to improve the skills necessary to successfully complete his/her job and to
increase self-efficacy. All employee training is to be approved by an employee's supervisor
prior to registration and needs to comply with the individual's annual training objectives.
7.2 Orientation of New Employees
Within the first 48 hours of employment, HR will hold an informal orientation. During the first
month of employment, Department Directors or designee shall familiarize a new employee with
the employee's obligations and rights and also inform the employee about the functions and
operations of the Department and the Town government organization. A formal orientation will
be held within the first year of employment and the agenda will be set by the Town Manager,
7.3 Time Iof Training_
Training periods may be conducted either during or after normal working hours. Training
sessions conducted during normal working hours are to be arranged so as to minimize
interference with scheduled work.
7.4 TYpe11 s of Training
For the purpose of administration, the following categories of training are recognized:
7.4.1 Town -wide and Required Training - Any required formal or informal training
program or exercise designed, conducted and approved by the Human Resources
Division to help employees improve knowledge and/or skills in order to meet job-
related objectives and to comply with federal and state mandates regarding Personnel
Law.
7.4.2 Employee Development Training - Any formal employee training program or exercise
designed and conducted by an organization other than the Town, and directly related
to improving knowledge and/or skills considered desirable by the Town for the
employee's current and prospective job duties. Employee training must be approved
by the employee's supervisor and borne by the employee's department budget.
Verifiable out-of-pocket expenses incurred, which meets established standards, due to required
training will be paid as expenses consistent with the Town's reimbursement policy. Supervisors
approve all training request forms in advance and submit them to the Human Resources
iviainager for approval.
8458647.1 DA010-003 48 Section 7 - Training & Development
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
An employee is required to demonstrate successful completion of training which is directed or
paid by the Town. Failure to satisfactorily complete required training is cause for disciplinary
action. Failure to satisfactorily complete elective training for which reimbursement has been
authorized may result in non -reimbursement of the expense. Failure to satisfactorily complete
elective training, for which advance payments have been made by the Town, may result in
disciplinary action, and the employee may be required to reimburse the Town for expenses
incurred.
7.7 Cenforences and Seminars
Conferences and seminars required for training or any other purposes which require out-of-
state transportation and/or lodging expenses must be recommended by the Department
Director and approved, in advance, by the Town Manager. Expenses for conferences and
seminars are to be borne by the employee's department.
Department Directors or supervisors shall not authorize pre -payments or reimbursements for
required travel expenses which collectively exceed expense allocations to the program budgets
for which the Department Directors are responsible. Reimbursement for travel, meals and
lodging expenses must comply with the current Expense Reimbursement Policy.
8458647.1 DA010-003 49 Section 7 - Training & Development
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
SECTION 8
TRANSFER, PROMOTION, DEMOTION,
SEPARATION AND REHIRE
8.1 Transfer
No person may be transferred to a position for which he/ she does not possess the mixurnum
qualifications.
a. Voluntary Transfer - A regular employee may initiate a request to transfer to another
position in a comparable or lower classification for which the employee is qualified
upon notice to and approval by the Department Director and Town Manager. For
transfer purposes, a comparable class is one with the same maximum salary and
benefits, involves the performance of similar duties and requires similar qualifications.
If the transfer involves a change from one Department to another, both Department
Directors must consent.
b. Involuntary Transfer - The Town may involuntarily transfer an employee at any time.
Whenever possible, an employee being transferred from one position to another position
in the same, or a comparable class at the same salary level, will receive five (5) working
days' notice. If the transfer requires the employee to move equipment from one location
to another, the employee will receive seven working days' notice. If the transfer
involves a change from one Department to another, both Department Directors must
consent thereto unless the Town Manager directs the transfer for purposes of economy,
efficiency, improvement to morale or improved service delivery.
If an employee disputes a transfer, the employee may, within two (2) days of the notice
of transfer, file a written appeal with the Town Manager setting forth the reasons
therefore. Any appeal must be filed based upon the alleged violation of the
requirements of transfers and/or procedure followed. The Town Manager's decision
shall be final.
8:3 ' = Demotion
Employees may be involuntarily demoted for disciplinary reasons as set forth in Section 9.
8458647.1 DA010-003 5o Section 8 - Transfer, Promotion,
Demotion, Separation & Hire
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
8.4 Methods of Separation
For administrative purposes, the following types of separation from employment with the
Town are recognized:
a. Voluntary resignation in good standing
b. Discharge
c. Lay -Off
d. Retirement
e. Failure to successfully complete probation
f. Separation of an at -will employee
8.5. Voluntary Resignation in Good Standing
An employee who desires to leave Town employment in good standing shall file a written
notice of resignation to his/her immediate supervisor and Department Director with an
effective date at least two weeks before the last day worked. The employee's supervisor shall
provide the letter to Human Resources. A resignation becomes final when accepted by the
Human Resources Manager. Once a resignation has been accepted by the Human Resources
Manager, it cannot be withdrawn. More notice from the resigning employee is required if a
longer notice period was agreed to by the employee when originally hired in the service of the
Town, unless waived by the Department Director. The Department Director may waive time
requirements for good cause. Failure to give the required notice may be cause for denying
future employment with the Town. Unless specifically authorized, the employee may not use
Leave after giving notice.
8.8 Discharge
Employees may be discharged at any time for disciplinary reasons as set forth i11 Section 9 of
these policies and procedures.
a. Notify in writing the employee to be laid off at least ten working days in advance
of the effective date of the action. The notice shall, at a minimum, include:
1) Reason for the lay-off;
2) Effective date;
3) Employee's position on any reinstatement list,
b. Make an effort to transfer an employee who is affected by a lay-off to another
vacant position for which the employee possesses the requisite qualifications.
C. Prepare a reinstatement list which lists the names of employees laid off by
classification.
8458647.1 DA010-003 51 Section 9 - Standards of Conduct
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PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
d. Ensure that procedures consistent with applicable state and federal laws are
utilized to effect any lay-offs.
8.$ tetiretnent
Any employee who qualifies for retirement under the provisions of the Town's retirement
system may do so.
x.10 Re -Hire..
The Town Manager may re -hire a regular employee who has resigned or has otherwise been
separated, in good standing from the service of the Town, even though the employee's name
may not appear on a current list of qualified candidates, and if the former employee possesses
the minimum qualifications required by the vacant position. Upon re -hire, the employee is
subject to the probationary period prescribed for the class. The employee will receive a new
anniversary date which will be the first date of employment upon re -hire. Town Manager may
grant credit for former employment in computing salary, leave or other benefits.
8458647.1 DA010-003 52 Section 9 - Standards of Conduct
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/1.8
SECTION 9
STANDARDS OF CONDUCT
9.1 Employee Conduct Generally
It is expected that all Town employees shall render the best possible service and reflect credit on
the Town, whether in the course of their duties or in general. High standards of conduct are
essential for public employees.
9.2 Discipline Policy
The following constitutes the Town's policy regarding disciplinary actions:
9.2.1 Policy Coverage
The following categories of persons can be terminated at -will and have no rights to
any of the pre- or post -disciplinary processes or procedures in this Policy: (1)
temporary employees, (2) provisional or seasonal employees, (3) probationary
employees, (4) any person who serves pursuant to a contract, and (5) any person who
is designated "at -will" in any Town policy, document, acknowledgement, resolution
or ordinance. Notwithstanding any provision in this Policy, any regular employee
who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is
not subject to any disciplinary penalty which is inconsistent with his or her FLSA
overtime -exempt status.
9.2.2 Causes for Discipline
Regular employees may be counseled, admonished, reprimanded, suspended,
demoted, discharged or incur a reduction in pay for, including but not limited to, each
of the following causes of discipline:
a. Violation of any Federal, State or local law.
b. Violation of any Town policy or Town regulation, ordinance or resolution.
c. Making any false statement, omission or misrepresentation of a material fact.
d. Unsatisfactory job performance.
e. Dishonesty.
f. Disclosure of confidential Town information to any unauthorized person or entity.
g. Mishandling of public funds.
h. Altering, falsifying, and tampering with any Town record.
i. Inappropriate treatment of the public or other employees.
j. Harassment on the basis of political affiliation, race, color, national origin, sex
(including gender, gender identity, gender expression, transgender, pregnancy,
and breastfeeding), sexual orientation, religion, age, marital status, disability, or
any other basis prohibited by statute of any employee by another employee.
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k. Insubordination, including failure or refusal to comply with a lawful order or to
accept a reasonable and proper assignment from an authorized supervisor.
1. Inefficiency, incompetence, carelessness or negligence in the performance of
duties.
m. Inattention to duty, tardiness, indolence, carelessness or damage to or negligence
in the care and handling of Town property.
n. Misuse or unauthorized use of any Town property, including, but not limited to:
physical property, tools, supplies, equipment, Town communication systems,
Town vehicles or Intellectual Property.
o. Excessive absenteeism and/or tardiness.
p. Absence from duty without authorized leave, failure to report after leave of
absence has expired or after such leave of absence has been disapproved, revoked
or canceled.
q. Claim of leave under false pretense or misuse of leave.
r. Furnishing false or misleading information or other fraud to secure appointment,
promotion, or maintain employment.
s. Acceptance by an employee of any bribe, gratuity, kickback, favor or other items of
value including meals and travel when it appears the favor or gratuity might be
given in the hope or expectation of receiving preferential treatment.
t. Any action or conduct that impairs, disrupts, or causes discredit to the Town, or is
a direct hindrance to the effective performance of Town functions.
u. Unapproved outside work which creates a conflict of interest with Town work,
causes discredit to the Town or detracts from the efficiency of the employee in the
employee's Town work.
v. Failure to obtain or maintain any current license or certification required as an
essential condition of employment.
w. Failure to comply with OSHA Safety Standards, Town safety practices and
policies, and training or placing oneself or others in an unsafe situation that could
lead to injury.
x. Working overtime without prior authorization or refusing to work assigned
overtime.
y. Carrying firearms or other dangerous weapons on Town premises at any time,
unless authorized to do so.
9.2.3 Involuntary Administrative Leave
A Department Director may place an employee on administrative leave with pay
pending a potential disciplinary action. Administrative leave with pay is authorized:
(1) when the Department Director believes that the employee's continued presence at
the work site could have detrimental consequences for Town operations, or (2) ,
pending investigation into charges of misconduct. If the charges against the employee
are substantiated by the investigation, appropriate disciplinary action may be taken in
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accordance with these procedures.
9.2.4 Types of Discipline
The types of persormel actions and/or discipline are:
a. Counseling Memo - A counseling memo shall be retained in the employee's
personnel file, and may not be appealed under this Policy.
b. Oral Reprimand - An oral admonishment or reprimand shall be memorialized in
writing, become part of the employee's personnel file, and may not be appealed
under this Policy.
C. Written Reprimand - A supervisor, manager and/or Department Director may
reprimand an employee by furnishing him/her with a written statement of the
specific reasons for reprimand. A copy of the reprimand will be retained in the
employee's personnel file, and may not be appealed. The employee has the right
to have a written rebuttal attached to the reprimand in the employee's personnel
file.
d. Suspension - A Department Director may suspend an employee from his or her
position for cause. Documents related to a suspension shall become part of the
employee's personnel file when the discipline is final. An employee subject to
suspension will receive prior written notice and appeal as provided herein.
FLSA-exempt employees are not subject to suspension except in work day or
work week increments or for violations of major safety rules.
e. Demotion - A Department Director may demote an employee from his or her
position for cause. Documents related to a demotion shall become part of the
employee's personnel file when the discipline is final. An employee subject to
demotion shall be entitled to the prior written notice and appeal as provided
herein.
f. Reduction in Pair - A Department Director may reduce an employee's pay for
cause. A reduction in pay for disciplinary purposes may take one of two forms:
(1) a decrease in salary within the salary range, or (2) a decrease in salary paid to
an employee for a fixed period of time. Documents related to a reduction in pay
shall become part of the employee's payroll file when the discipline becomes
final. An employee subject to a reduction in pay shall be entitled to prior written
notice and appeal as provided herein.
g. Discharge - A Department Director may discharge an employee from his or her
position for cause. Documents related to discharge shall become a part of an
employee's personnel file when the discipline becomes final. A discharged
employee is entitled to prior written notice and appeal based upon the terms
described herein.
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9.2.5 Skelly Process - Pre -Disciplinary Procedure for Suspension, Demotion, Reduction in
Pay or Discharge
Regular employees subject to the Disciplinary policy (as described by section 9.2.1)
have the right to the conference and appeal processes outlined in this Section.
a. Notice of Intent to Discipline - The Department Director will provide the
employee with a written notice of intent to discipline, copied to the Town
Manager, that contains the following in the event of a proposed suspension,
demotion, reduction in pay or discharge:
1) The level of discipline intended to be imposed;
2) The specific charges upon which the intended discipline is based;
3) A summary of the facts upon which the charges are based;
4) A copy of all written materials, reports, or documents upon which the
intended discipline is based;
5) Notice of the employee's right to respond to the Department Director
regarding the charges within 5 calendar days from the date of the Notice,
either by requesting an informal conference, or by providing a written
response, or both;
6) Notice of the employee's right to have a representative of his or her
choice at the informal conference, should he or she choose to respond
orally; and
7) Notice that the failure to respond at the time specified shall constitute a
waiver of the right to respond prior to the imposition of discipline.
b. Employee's Response and the Skelly Conference
1) If the employee requests an informal conference to respond orally to the
charge(s), the conference must be scheduled at least 7 calendar days after
the date of the Notice. The conference will be an informal meeting with
the Department Director, at which the employee has an opportunity to
rebut the charges against him or her and present any mitigating
circumstances. The Department Director will consider the employee's
presentation before any final disciplinary action.
2) The employee's failure to make an oral response at the arranged
conference time, or the employee's failure to cause his or her written
response to be delivered by the date and time specified in the Notice,
constitutes a waiver of the employee's right to respond prior to the
imposition of the discipline. In that case, the proposed disciplinary action
will be imposed on the date specified.
C. Final Notice of Discipline
Within 5 calendar days of receipt of the employee's timely written response or
within 5 calendar days of the informal conference, the Department Director will:
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(1) dismiss the notice of intent and take no disciplinary action against the
employee, (2) modify the intended disciplinary action, or (3) impose the intended
disciplinary action. In any event, the Department Director shall prepare and
provide the employee with a notice that contains the following:
1) The level of discipline, if any, to be imposed and the effective date of the
discipline;
2) The specific charges upon which the discipline is based;
3) A summary of the facts upon which the charges are based;
4) A copy of all written materials, reports, or documents upon which the
discipline is based; and
5) A statement of the nature of the employee's right to appeal.
9.2.6 EvidentiarYAppeal to the Town Manager
a. Request for Appeal Hearing, - The employee may appeal a Final Notice of
Discipline in the form of suspension, demotion, reduction in pay, or termination
by delivering a written answer to the charges and a request for appeal to the
Human Resources Manager or designee, who shall forward the appeal to the
Town Manager. The written answer and request for appeal must be received no
later than 10 calendar days from the date of the Department Director's decision.
The written answer shall include a statement of the issues to be raised by the
employee. The employee should indicate whether he/she is requesting a closed
or open hearing.
b. Date and Time of the Appeal Hearin - The Town Manager will set a date for an
appeal hearing within a reasonable time after receipt of a timely written answer
and request for appeal. An employee who, having filed a timely written answer
and request for appeal, has been notified of the time and place of the appeal
hearing, and who fails to appear personally at the hearing, may be deemed to
have abandoned his or her appeal. In such a case, the Town Manager may
dismiss the appeal.
C. Identification of Issues Witnesses and Evidence
No later than 10 calendar days prior to the appeal hearing, each party will
provide the other and the Town Manager a statement of the issues to be decided,
a list of all witnesses to be called (except rebuttal witnesses), a brief summary of
the subject matter of the testimony of each witness, and a copy of all evidence
(except rebuttal evidence) to be submitted at the hearing. The Town will use
numbers to identify its evidence; the employee shall use alphabet letters. Neither
party will be permitted to call any witness(es) during the hearing who has not
been identified pursuant to this section, nor use any exhibit not provided
pursuant to this section, unless that party can show that they would not have
reasonably anticipated the need for the witness or exhibit. The Town Manager
will state at the beginning of the hearing the decision as to the precise issues) to
be decided.
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d. Conduct of the Appeal Hearing
1) Subpoenas- Prior to the appeal hearing, each party shall present the Town
Manager and the other party a list of all witnesses to be called and
evidence to be presented pursuant to Section 9.2.6(c). The Town Manager
has authority to issue subpoenas in the name of the Town prior to the
commencement of the hearing. Each party is responsible for serving
his/her/its own subpoenas. Town employees who are subpoenaed to
testify during working hours will be released with pay to appear at the
hearing. Town employees who are subpoenaed to testifying during non-
working hours will be compensated for the time they actually testify
unless the Town agrees to a difference arrangement.
2) Continuances - The Town Manager may continue a scheduled hearing
only upon good cause shown.
3) Record of the Proceedin4s - All disciplinary hearings may, at the
discretion of the parties, be either recorded by a court reporter or tape
recorded. Any party who requests a transcript of the proceedings must
pay for his/ her/ its own copy of a transcript.
4) The Town Manager's Authority During the Hearin - The Town Manager
has the authority to control the conduct of the hearing and to affirm,
modify, or revoke the discipline.
e. Presentation of Evidence
1) The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses. Hearings shall be conducted in a
manner the Town Manager decides is the most conducive to determining
the truth.
2) Any relevant evidence may be admitted if it is the type of evidence upon
which responsible persons are accustomed to relying upon in the conduct
of serious affairs, regardless of the existence of any common law or
statutory rules which might make improper the admission of such
evidence over objection in civil actions.
3) Hearsay evidence may be used for the purposes of supplementing or
explaining any direct evidence, by over timely objection shall not be
sufficient in itself to support a finding, unless such evidence would be
admissible over objection in civil actions. An objection is timely if made
before submission of the case.
4) The rules dealing with privileges shall be effective to the same extent that
. they are now or hereafter may be recognized in civil actions.
5) Irrelevant and unduly repetitious evidence may be excluded.
6) The Town Manager shall determine relevancy, weight and credibility of
testimony and evidence.
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7) During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon the request of either
party.
8) All witnesses shall be sworn in for the record prior to testifying at the
hearing. The Town Manager or the court reporter shall request each
witness raised his/her right hand and respond to the following: "Do you
swear that the testimony that you are about to give at this hearing is the
truth, the whole truth, and nothing but the truth?"
f. Burden of Proof at the Hearing - The Town has the burden of proof by a
preponderance of the evidence.
g. Right to Due Process - The employee shall have the following due process rights
during the hearing:
1) The right to be represented by legal counsel or another chosen
representative, at his or her own expense;
2) The right to call and examine witnesses on his or her behalf;
3) The right to introduce evidence;
4) The right to cross-examine opposing witnesses on any matter relevant to
the issues;
5) The right to impeach any witness regardless of which party first called
him or her to testify; and
6) The right to rebut evidence against him or her.
h. Hearing to Be Closed to the Public - The hearing will be closed to the public
unless the employee requests that it be open.
i. Presentation of the Case - The parties will address their remarks, evidence, and
objections to the Town Manager. The Town Manager may terminate argument
at any time and issue a ruling regarding an objection or any other matter. The
Town Manager may alter the order of witnesses, limit redundant or irrelevant
testimony, or directly questions the witness. The hearing shall proceed in the
following order unless the Town Manager directs otherwise:
1) The Department Director's representative shall be permitted to make an
opening statement.
2) The employee shall be permitted to make an opening statement, or the
employee may defer making his/her opening statement until after the
Department has produced its evidence.
3) The Department shall produce its evidence.
4) The employee shall be permitted to make an opening statement if he/she
did not do so earlier.
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5) The employee shall produce his/her evidence.
6) The Department, followed by the employee, may offer rebuttal evidence.
7) Closing arguments of no more than 20 minutes shall be permitted at the
discretion of the Town Manager. The Department shall have the right to
argue first, the employee may argue second, and the Department may
reserve a portion of its argument time for rebuttal.
j. Hearing Demeanor and Behavior - All parties and their attorneys or
representatives shall not, by written submission or oral presentation, disparage
the intelligence, ethics, morals, integrity, or personal behavior of their
adversaries or the Town Manager.
k. Written Briefs by the Parties - The Town Manager or the parties may request the
submission of written briefs. The Town Manager will determine whether to
allow written briefs, the deadline for submitting briefs, and the page limit for
briefs.
9.2.7 Whitten Findings and Decision - The Town Manager shall render a statement of
written findings and decision within 14 calendar days after the hearing has been
completed and the briefs, if any, have been submitted. The Town Manager's decision
is final.
9.2.8 Proof of Service of the Written Findings and Decision - The Town Manager shall send
its final statement of written findings and decision, along with a proof of service of
mailing, to each of the parties and to each of the parties' representatives. Copies shall
also be distributed to the Human Resources Manager and placed in employee's
personnel file.
9.2.9 Statute of Limitations - The Town Manager's written findings and decision is final.
There is no process for reconsideration. Pursuant to Code of Civil Procedure Section
1094.6, the parties have 90 days from the date of the proof of service of mailing of the
written findings and decision to appeal the decision to the Superior Court in and for
the County of Contra Costa.
9.2.10 Retribution for Appeal - No employee shall be penalized for availing himself/herself
of, or participating in, the appeal process.
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9.4 Harassment,+. Discrimination and Retaliation Polip
9.4.1 Purpose - It is the Town's intent and the purpose of this Policy to provide all
employees, applicants, and contractors with an environment that is free from any form
of discriminatory harassment, discrimination or retaliation as defined in this Policy.
Harassment or discrimination against an applicant, unpaid intern, volunteer or
employee by a supervisor, management employee, elected or appointed official, co-
worker, member of the public, or contractor on the basis of race, religion, color, sex
(including gender, gender identity, gender expression, transgender, pregnancy, and
breastfeeding), national origin, ancestry, citizenship status, mental or physical
disability, medical condition, genetic characteristics or information, marital status, age,
sexual orientation (including homosexuality, bisexuality, or heterosexuality), or any
other protected classification will not be tolerated. The Town encourages all covered
individuals to report, as soon as possible, any conduct that is believed to violate this
Policy. Additionally, the Town asks employees, as part of their performance
evaluation, to answer the question, "Do you feel you are working in a harassment -free
environment?" .
It is also the policy of the Town to provide a procedure for investigating alleged
harassment, discrimination and retaliation in violation of this Policy. The protection
from discrimination includes the protection from retaliation on any of the above
identified protected classifications against an employee for his or her having taken
action either as a complainant, or for assisting a complainant in taking action, or for
acting as a witness or advocate on behalf of an employee in a legal or other proceeding
to obtain a remedy for a breach of this Policy.
This Policy applies to all terms and conditions of employment, including, but not
limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer,
leave of absence, compensation, and training. Disciplinary action or other appropriate
sanction up to and including termination will be instituted for prohibited behavior as
defined below.
9.4.2 Zero Tolerance - The Town has zero tolerance for any conduct that violates this Policy.
Conduct need not rise to the level of a violation of law in order to violate this Policy.
Instead, a single act can violate this Policy and provide grounds for discipline or other
appropriate sanctions. If an employee is in doubt as to whether or not any particular
conduct may violate this Policy, the employee should not engage in the conduct, and
should seek guidance from a supervisor or the Human Resources Manager.
9.4.3 Definitions
a. Protected Classifications - This Policy prohibits harassment or discrimination
because of an individual's "Protected Classification(s)." "Protected
Classification' includes political affiliation, race, color, national origin, sex
(including gender, gender identity, gender expression, transgender, pregnancy,
and breastfeeding), sexual orientation, religion, age, marital status, disability, or
any other basis prohibited by statute.
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b. Policy Coverage - This Policy prohibits the Town, elected or appointed officials,
officers, employees, volunteers and contractors from harassing or discriminating
against applicants, officials, officers, employees, volunteers, unpaid interns, and
contractors because: (1) of an individual's protected classification, (2) of the
perception that an individual has a protected classification, or (3) the individual
associates with a person who has or is perceived to have a protected
classification.
C. Discrimination - This Policy prohibits treating individuals differently because of
the individual's protected classification as defined by this Policy.
d. Harassment - Harassment means unsolicited words or conduct which
subjectively and objectively offend another person. Harassment includes, but is
not limited to, the following examples of behavior undertaken because of an
individual's protected classification:
1) Verbal harassment, such as epithets (nicknames and slang terms),
derogatory or suggestive comments, jokes or slurs, including graphic
verbal commentaries about an individual's body, or that identify a person
on the basis of his or her protected classification. Verbal harassment
includes comments on appearance and stories that tend to disparage
those of a protected classification.
2) Visual forms of harassment, such as derogatory posters, notices,
bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on
the basis of a protected classification.
3) Physical harassment, such as assault, offensive touching, impeding or
blocking movement, grabbing, patting, propositioning, leering, making
express or implied job-related threats in return for submission to physical
acts, mimicking, taunting, or any physical interference with normal work
or movement.
4) Sexual harassment, such as unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature or
any of the above described conduct when:
a) Submission to such conduct is either an expressed or implied term
or condition of an individual's employment, or
b) Submission to or rejection of such conduct is used as the basis for
employment decisions affecting such individual, or
C) Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating a hostile,
intimidating or offensive work environment.
d) Romantic or sexual relationships between supervisors and
sUC?OT ll
linate employees are discouraged. Mere l; auLLlCl Cltt
imbalance of power and potential for exploitation in such
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relationships. The relationship may create an appearance of
impropriety and lead to charges of favoritism by other employees.
A welcome sexual relationship may change, with the result that
sexual conduct that was once welcomed becomes unwelcomed
and harassing.
e) By definition, sexual harassment is not within the course and
scope of an individual's employment with the Town.
9.4.4 Retaliation. - Retaliation against a person (and his or her associates) who reports or
provides information about harassment or discrimination is strictly prohibited. This
Policy prohibits Town officials, officers, employees, or contractors from retaliating
against applicants, officers, officials, employees, or contractors because of any of the
protected activity as defined herein. It is the policy of the Town to prohibit the taking
of any adverse employment action against those who in good faith report, oppose, or
participate (as witnesses or accused) in investigations into complaints of alleged
violations of Town policy or state or federal law in retaliation for reporting,
opposition, or participation.
Any act of reprisal violates this Policy and will result in appropriate disciplinary
action. Examples of actions that might be retaliation against a complainant, witness or
other participant in the complaint process include: (1) singling a person out for harsher
treatment; (2) lowering a performance evaluation; (3) failing to hire, failing to promote,
withholding pay increases, assigning more onerous work, abolishing a position,
demotion or discharge; or (4) real or implied threats of intimidation to prevent an
individual from reporting harassment or discrimination.
Well-intentioned attempts to insulate or protect a complainant by changing his or her
work environment or schedule or duties or by transferring the complainant to another
office may be retaliatory. Before a supervisor takes such action, the supervisor should
contact the Human Resources Manager.
Any act of retaliation will be treated as a separate and distinct incident, regardless of
the outcome of the harassment or discrimination complaint. The following individuals
are protected from retaliation: those who make good faith reports of harassment or
discrimination, and those who associate with an individual who is involved in
reporting harassment or discrimination or who participates in the complaint or
investigation process.
a. Definitions
1) "Protected Activity" includes any of the following:
• Filing a complaint with a federal or state enforcement or administrative
agency.
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• Participating in or cooperating with a federal or state enforcement agency
that is conducting an investigation of the Town regarding alleged
unlawful activity.
• Testifying as a party, witness, or accused regarding alleged unlawful
activity.
• Associating with another employee who is engaged in any of the
protective activities enumerated here.
• Making or filing an internal complaint with the .Town regarding alleged
unlawful activity.
• Providing informal notice to the Town regarding alleged unlawful
activity.
• Calling a governmental agency's designated "whistleblower hotline."
• Filing a written complaint under penalty of perjury that the agency has
engaged in "gross mismanagement, a significant waste of public funds, or
a substantial and specific danger to public health or safety."
2) "Adverse Action' may include, but is not limited to, any of the following:
• Real or implied threats of intimidation to attempt or prevent an
individual from reporting alleged wrongdoing because of protected
activity.
• Refusing to hire an individual because of protected activity.
• Taking any form of disciplinary action because of protected activity.
• Extending a probationary period because of protected activity.
• Altering work schedules or work assignments because of protected
activity.
• Condoning hostility and criticism of co-workers and third parties because
of protected activity.
b. Complaint Procedure
An applicant, employee, officer, official, or contractor who feels he/she has been
retaliated against in violation of this Policy should immediately report the
conduct according to the Town's Harassment Complaint procedure so that the
complaint can be resolved fairly and quickly.
9.4.5 Reporting Harassment,. Discrimination or Retaliation - An applicant, official, officer,
employee, volunteer or contractor who feels that he/she has been harassed,
discriminated against or retaliated against in violation of this Policy should report the
conduct immediately as outlined below so that the complaint can be resolved quickly
and fairly.
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All employees involved in the complaint process may be represented by a person of
their choosing and at their own expense.
a. Object to The Conduct - Sometimes an individual is unaware that his/her
conduct is offensive. In these situations, the offensive behavior may be
eliminated by simply informing the offender that the conduct or language in
question is unwelcome and offensive and request that it be discontinued
immediately.
A person who believes he/she is being harassed is encouraged to use this
process. When the conduct in question continues after the offending person has
been informed it is offensive, or when a person does not feel comfortable talking
to the offending person directly, the employee should make a report in
accordance with the Oral Report below or go directly to the Written Process.
b. Oral Report - If a person who believes that this Policy has been violated does not
want to confront the offending person, he/she should report the conduct to a
supervisor, department head or any Town management employee. The
individual may also seek the advice, assistance or consultation of a supervisor,
department director, or any Town management employee. Any supervisory or
management employee who receives such a report must in turn direct it to the
Human Resources Manager who will determine what level of investigation and
response is necessary.
C. Written Process - An individual who believes this Policy has been violated and
does not feel comfortable using the process outlined above may provide a
written complaint to a supervisor, department director or any Town
management employee who in turn must direct the complaint to the Human
Resources Department. Individuals are encouraged to use the Confidential
Complaint Form for this purpose.
d. Option to Report to Outside Sources - An individual who believes this Policy
has been violated may report the alleged harassment to an outside confidential
reporting number established by the Town or to any outside regulatory agency
having jurisdiction over such complaints.
e. Option to Report to Outside Administrative Agencies - An individual has the
option to report harassment, discrimination, or retaliation to the U.S. Equal
Employment Opportunity Commission (EEOC) or the California Department of
Fair Employment and Housing (DFEH). These administrative agencies offer legal
remedies and a complaint process.
9.4.6 Town's Response to Complaint of Harassment, Discrimination or Retaliation
a. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation,
the Human Resources Manager will be responsible for coordinating and
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supervising a thorough investigation (unless he/she is named in the complaint).
The Human Resources Manager may coordinate the investigation with the
complainant's department director and may hire an outside investigator if the
Town deems appropriate. The type of investigation undertaken, and the party
chosen to conduct the investigation will depend on the nature of the complaint
made and will be determined by the Human Resources Manager.
The Human Resources Manager, in concurrence with the Town Manager, may
take interim action to diffuse volatile circumstances, such as placing the alleged
perpetrator on paid administrative leave or temporarily transferring the alleged
perpetrator. Generally, no interim action should be taken to change the
complaining individual's working conditions unless the complaining individual
voluntarily consents to the temporary change. The Human Resources Manager
will take reasonable steps to protect the complaining individual from further
harassment, discrimination, or retaliation.
The investigator will review the complaint allegations in an objective manner
and to the extent that the Town deems necessary. The investigation will
normally include interviews with the reporting individual, the accused, and any
other person who is believed to have relevant knowledge concerning the
allegations. The investigator will remind all witnesses to maintain the
confidentiality of the content of the interview and that retaliation against those
who report alleged harassment or who participate in the investigation is
prohibited. The investigator will review the factual information gathered
through the investigation to determine whether the alleged conduct constitutes
harassment, discrimination, or retaliation giving consideration to all factual
information, the totality of the circumstances, including the nature of the
conduct, and the context in which the alleged incidents occurred. The
investigator will report a summary of the determination as to whether
harassment, discrimination, and/or retaliation occurred to appropriate persons,
including the complainant, the alleged harasser, the supervisor, and the
department head. If discipline is imposed, the level of discipline will not be
communicated to the complainant.
The Town takes a proactive approach to potential Policy violations and will
conduct an investigation if its officers, supervisors, or managers become aware
that harassment, discrimination or retaliation may be occurring, regardless of
whether or not the recipient of the alleged action or a third party reports a
potential violation.
At the conclusion of the investigation, if it is determined that the alleged conduct
did not occur or that it did not violate this Policy, the Human Resources Manager
will notify the complainant and the alleged perpetrator, if appropriate, of the
general conclusion(s) of the investigation and whether any further action is
warranted.
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b. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred and that the
conduct violated this Policy, the Town will notify the complainant and
perpetrator of the general conclusion(s) of the investigation and take effective
remedial action that is designed to end the violation(s). Any employee
determined to have violated this Policy will be subject to disciplinary action, up
to and including termination. Disciplinary action may also be taken against any
official, supervisor or manager who condones or ignores potential violations of
this Policy, or who otherwise fails to take appropriate action to enforce this
Policy. Any official or contractor found to have violated this Policy will be
subject to appropriate sanctions.
C. Confidentiality
Every possible effort will be made to assure the confidentiality of complaints
made under this Policy. Complete confidentiality cannot occur, however, due to
the need to fully investigate potential Policy violations and take effective
remedial action. An individual who discusses the content of an investigatory
interview with someone other than the investigator or the employee's
representative or legal counsel, while the investigation is ongoing, may be
subject to discipline or other appropriate sanction. The Town will not disclose a
completed investigation report except as it deems necessary to support a
disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or a court order.
9.4.7 Responsibilities of Employees, Management and Supervisory Employees
a. Employees - In order to establish and maintain a professional working
environment, while at the same time preventing harassment, discrimination,
and retaliation, employees are expected to:
1) Set an example of acceptable conduct by not participating in or provoking
behavior that violates this Policy.
2) Let fellow employees know when you consider behavior offensive.
3) Report any act he/she believes in good faith constitutes harassment,
discrimination or retaliation as defined by this Policy, as quickly as
possible, whether the employee is the target of the conduct or a witness.
4) If an employee witnesses harassment, he or she should tell the individual
being harassed that the Town has a policy prohibiting such behavior, and
that he or she can demand that the harasser cease the behavior.
5) Maintain confidentiality as required by this Policy.
6) Fully cooperate with the Town's investigation of complaints made under
this Policy.
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b. Managers and Supervisors - In addition to the responsibilities listed above,
managers and supervisors are responsible for:
1) Informing employees of this Policy.
2) Modeling appropriate behavior.
3) Implementing this Policy by taking allcomplaints seriously and modeling
behavior that is consistent with this Policy. Direct all complaints to the
Human Resources Manager.
4) Taking positive steps to eliminate any form of harassment, discrimination
or retaliation observed or brought to his/her attention.
5) No Department Director, supervisor or other employee may retaliate
through any action of intimidation, restraint, coercion or discrimination.
6) Monitoring the work environment and taking appropriate action to stop
potential Policy violations, such as removing inappropriate pictures or
correcting inappropriate language.
7) Following up with those who have complained to ensure the behavior
complained of has ceased.
8) Informing those who complain of harassment or discrimination of
his/her option to contact the EEOC or DFEH regarding alleged Policy
violations.
9) Assisting, advising or consulting with employees and the Human
Resources Manager regarding this Policy and Complaint procedure.
10) Assisting in the investigation of complaints involving employee(s) in
their departments and, if the complaint is substantiated, recommending
appropriate corrective or disciplinary action in accordance with the
Personnel Policies and Procedures, up to an including discharge.
11) Implementing appropriate disciplinary and remedial actions.
12) Reporting potential violations of this Policy of which he or she becomes
aware, regardless of whether a complaint has been submitted, to the
Human Resources Manager or the Department Director.
9.4.8 Mandatory Training
As part of its commitment to ensuring a work environment free from harassment and
discrimination, the Town requires that all of its employees receive training on this
Policy at least once every two years. Attendance at the training will be documented.
A Town employee shall not engage in any outside employment that is detrimental to or
inconsistent with his/her duties or service with the Town. An employee must notify their
supervisor in writing prior to beginning any outside employment. The employees supervisor
shall provide a copy of the letter to the Human Resources Manager and Department Director.
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9.5.1 Determination of Inconsistent Activities - In making a determination as to the
consistency or inconsistency of outside activities, the Department Director shall
consider, among other pertinent factors whether the activity:
a. Involves the use for private gain or advantage of: Town time, facilities,
equipment, and supplies, uniform, prestige, or influence of one's Town office or
employment;
b. Involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the Town for the performance of an act
which the employee, if not performing such act, would be required or expected
to render in the regular course of his/her Town employment or as a part of
his/her duties as a Town employee;
C. Involves the performance of an act in other than his/her capacity as a Town
employee which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement by the employee or the department by
which he/she is employed;
d. Involves conditions or factors that would directly or indirectly lessen the
efficiency of the employee in his/her regular Town employment or conditions in
which there is a substantial danger of injury or illness to the employee;
e. Involves working for a business within the Town of Danville;
f. Involves working or interacting with consultants or contractors who have been
or are employed by the Town of Danville;
9»
Of IA t
9.6.1 Policv
The Town prohibits:
a. Employees and officers from engaging in political activities during work hours;
b Political campaigning in Town buildings or on premises adjacent to Town
buildings; and
C. An employee from using his/her office to coerce or intimidate public employees
to promote, propose, oppose, or contribute to any political cause or candidate;
9.6.2 Examples of Prohibited Conduct
a. Participating in political activities of any kind while in uniform;
b. Participating in political activities during working hours;
C. Participating in political activities on Town worksites;
d. Placing or distributing political communications on Town property;
e. Using Town equipment to make political communications;
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Soliciting a political contribution from an officer or employee of the Town, or
from a person on a Town employment list, with knowledge that the person from
whom the contribution is solicited is a Town officer or employee;
g, Favoring or discriminating against any employee because of political opinions or
affiliations;
h. Interfering with any election; or
i. Attempting to trade job benefits for votes
9.6.3 Examples of Permitted Conduct
a. Expressing opinions on all political subjects or candidates;
b. Becoming a candidate for any local, state, or national election;
C. Contributing to political campaigns;
d. Joining and participating in the activities of political organizations; or
Requesting, during off-duty time, political contributions, through the mail or
other means, from Town officers or employees if the solicitation is part of a
solicitation made to a significant segment of the public which may include Town
officers or employees.
9.7
Smdk'�hq Policy
All Town -owned and maintained vehicles and facilities, including the Town Offices and all
remote Town facilities, are designated as non-smoking areas. Smoking is permitted only during
work breaks away from Town -owned and maintained vehicles and facilities.
9.8 Drug and Alcohol=Free Workplace Environmen# Policy
9.8.1 Policy - This Policy is to promote a drug and alcohol -free workplace and to eliminate
substance abuse and its effects in the workplace.
a. The unlawful manufacture, distribution, dispensation, possession, or use of
alcohol, marijuana, or any other controlled substance is prohibited in both Town
workplaces and wherever Town business is performed.
b. A Town employee is prohibited from working or being subject to call if impaired
by alcohol, marijuana, or any other controlled substance.
C. An employee must notify his/her supervisor before beginning work when
taking medications or drugs which could interfere with the safe and effective
performance of duties or operation of Town equipment. If there is a question
regarding an employee's ability to perform assigned duties safely and effectively
while using prescribed medications, the Town may require medical clearance.
.4 roiitpi
1 0„ ..'nth +1,4. P`nI;oxr 1& ? t-nnr1,+inn of Town emnlnA7 ant, 17icri_nlinnry
u. S..� � 1. .-.
action will be taken against those who violate this Policy.
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e. Employees who are required to participate in the Town's "Federally Mandated
Commercial Driver License Holders Drug/ Alcohol Testing Education Program'
are subject to requirements contained in the Towri s Program handbook.
9.8.2 Scope of Policy
This Policy applies to all Town employees when they are on Town property or when
performing Town -related business elsewhere.
9.8.3 Searches
In order to promote a safe, productive and efficient workplace, the Town has the right
to search and inspect all Town property, including, but not limited to, lockers, storage
areas, furniture, Town vehicles, and other places under the common control of the
Town and employees. No employee has any expectation of privacy in any Town
building, property, or communications system.
9.8.4 Drug and Alcohol Testing
Except for those employees who are required to participate in the Town's "Federally
Mandated Commercial Driver License Holders Drug/ Alcohol Testing Education
Program," the Town has discretion to test a current employee for alcohol or drugs in
the following instances:
a. Reasonable Suspicioi.� Testing
The Town may require a blood test, urinalysis, or other drug and/or alcohol
screening of those persons reasonably suspected of using or being under the
influence of a drug or alcohol at work. Testing must be approved by the Human
Resources Manager, the Department Director, or a designee.
"Reasonable suspicion" is based on objective factors, such as behavior, speech,
body odor, appearance, or other evidence of recent drug or alcohol use which
would lead a reasonable person to believe that the employee is under the
influence of drugs or alcohol. In order to receive authority to test, the supervisor
must record the factors that support reasonable suspicion and discuss the matter
with the Human Resources Manager or Department Director. If there is a
reasonable suspicion of drug or alcohol abuse, the employee will be relieved
from duty and placed on leave until the test results are received.
b. Post -Accident Testing
The Town may require alcohol or drug screening following any work-related
accident or any violation of safety precautions or standards, whether or not an
injury resulted from the accident or violation, provided that the "reasonable
suspicion" factors described above are present.
9.8.5 Employee's Responsibilities
A Town employee must:
a. Not report to work or be on standby or on-call status while his or her ability to
perform job duties is impaired due to on or off duty alcohol or drug use;
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b. Not possess or use controlled substances (illegal drugs or prescription drugs
without a prescription) at any time, or use alcohol at any time while on Town
property or while on duty for the Town at any location;
C. Not directly or through a third -party manufacture, sell, distribute, dispense, or
provide controlled substances to any person, including any employee, at any
time; or manufacture, sell, distribute, dispense or provide alcohol to any
employee while either or both are on duty;
d. Notify his or her supervisor, before beginning work, when taking any
medications or drugs, prescription or nonprescription, which may interfere with
the safe and effective performance of duties or operation of Town equipment;
e. Notify the Department Director of any criminal conviction for a drug violation
that occurred in the workplace within no more than five days after such
conviction;
f. Notify the supervisor immediately of facts or reasonable suspicions when he or
she observes behavior or other evidence that a fellow employee poses a risk to
the health and safety of the employee or others;
g. Consent to drug or alcohol testing and searches; and
h. Follow the Towns Drug and Alcohol -Free Workplace Policy.
9.8.6 Management Employee Responsibilities
Town management employees must:
a. Notify the state or federal granting agency which has funded the work or
program, if any, of any criminal drug statute convictions for a violation that
occurred at a site where work is/was being done with a specific grant or
contract;
b. Record factors supporting "reasonable suspicion' as defined above and consult
with other management staff in order to determine whether there is reasonable
suspicion to test an employee as described by this Policy;
C. Take appropriate disciplinary action for any criminal drug statute conviction that
occurred in a Town workplace, up to and including termination, or require that
the convicted employee participate satisfactorily in a drug abuse assistance or
rehabilitation program as a condition for returning to duty;
d. Take appropriate disciplinary action for any violation of this Policy consistent
with existing discipline procedures;
e. Enforce this Policy; and
f. Report any suspected violation of this Policy to the Human Resources Manager;
Any manager or supervisor who knowingly permits a violation of this Policy by an
employee shall be subject to disciplinary action.
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9.8.7. Drug -Free Awareness Program
The following is the Town's Drug -Free Awareness Program:
Notification to each Town employee and volunteer of the availability of counseling
and treatment of drug-related problems through the Town's Employee Assistance
Program provider as outlined at Section 6.4.
9.9.2 Prohibited Behavior
a. Employees are prohibited from engaging in or promoting acts of intimidation,
violence, threats, coercion, assault and/or abusive behavior toward any person
while in the course of Town employment. The Town has zero tolerance for any
conduct that references workplace violence, even if it was intended to be
harmless, humorous, a prank, blowing off steam, or venting.
b. Employees engaged in Town business are prohibited from carrying self-defense
weapons in violation of any law or this Policy. Employees who have legal
authority to carry a self-defense weapon shall notify the Department Director in
writing of what type of weapon is being carried. Employees who have legal
authority to carry self-defense weapons violate this Policy if they: accidentally
discharge or lose their weapon; use, threaten to use, or display the weapon while
engaging in Town business; or violate any law related to carrying a legal self-
defense weapon while engaged in Town business.
9.9.3 Definitions
"Workplace Violence" is any conduct that causes an individual to reasonably fear for
his or her personal safety or the safety of his or her family, friends, and/or property.
Specific examples of workplace violence include, but are not limited to, the following:
a. Threats or acts of physical harm directed toward an individual or his/her family,
friends, associates, or property;
b. The destruction of, or threat of destruction of Town property or another
employee's property;
C. Harassing or threatening phone calls;
d. Surveillance;
e. Stalking;
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f. Possession of offensive or defensive weapons (firearms, illegal knives, clubs,
mace, pepper spray, tear gas, etc.) unless specifically required or authorized and
approved by the Human Resources Manager; or
g. Any conduct relating to violence or threats of violence that adversely affects the
Town's legitimate business interests.
h. Weapons are defined as firearms, chemical sprays, clubs or batons, and knives,
and any other device, tool, chemical agent or implement that can cause bodily
harm if used as a weapon or displayed in such a manner to cause harm or
threaten a person with harm.
9.9.4 Incident Reporting Procedures
a. Employees must immediately report workplace violence to their supervisor or
Department Director. The supervisor or Department Director will report the
matter to the Human Resources Manager.
b. The Human Resources Manager will document the incident, including the
employee names (s), date/time, location, incident description, witness names and
statements, description of unidentified parties, description of the act(s) and/or
behavior arising from the incident, action taken, and provide any other relevant
information regarding the incident.
C. The Human Resources Manager will take appropriate steps to provide security,
such as:
1) Placing the employee alleged to have engaged in workplace violence on
administrative leave, pending investigation;
2) Asking any threatening or potentially violent person to leave the site; or
3) Immediately contacting an appropriate law enforcement agency.
9.9.5 Investigation
i
The Human Resources Manager will see that reported violations of this Policy are
investigated as necessary.
9.9.6 Management Responsibility
Each Department Director has authority to enforce this Policy by:
a. Training supervisors and subordinates about their responsibilities under this
policy,
b. Assuring that reports of workplace violence are documented accurately and
timely;
C. Notifying the Human Resources Manager and/or law enforcement authorities
of any incidents;
d. Making all reasonable efforts to maintain a safe and secure workplace; and
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C. Maintaining records and follow up actions as to workplace violence reports.
9.9.7 Follow -Up and Disciplinary Procedures
An employee found in violation of this Policy will be subject to disciplinary action, up
to and including termination of employment. The Town may also direct that an
employee submit to a fitness for duty examination. In addition, employees found in
violation of this Policy may be subject to criminal prosecution.
9:10 ToVvO Equipment Use
9.10.1 Policy
a. Town property is to be used only for conducting Town business unless otherwise
authorized. Town property includes, but is not limited to: telephones, desks,
computers (including hardware and software), file cabinets, lockers,
communications stored or transmitted on Town property (such as e-mails and
voicemails), vehicles and any other Town property used by Town employees in
their work. Employees do not have a reasonable expectation of privacy in
Town property or equipment.
b. Town property may be monitored and searched at any time and for any reason.
Messages sent or received on Town equipment may be saved and reviewed by
others. As a result, Town employees have no expectation of privacy in the
messages sent or received on Town property or equipment.
C. Every Town employee is required to adhere to all Town rules and policies while
on Town property or using Town property or equipment.
9.10.2 Use of Town Technology
Use of all Town Information Technology systems shall be governed by the Town's
current Technology Use Policy, and as it may be amended in the future.
9.10.9 Use of Town Equipment Prohibited
a. No Town -owned equipment, autos, trucks, instruments, tools, supplies,
machines, or any other item which is the property of the Town shall be used by
an employee while the employee is engaged in any outside employment or
activity for compensation.
b. No employee shall allow any unauthorized person to rent, borrow, or use any of
the items mentioned in (a) above.
9.10.10 Use of Supplies and Equipment
Town funds belong to the public and are held in trust for them. This differentiates us
from private business. There are things that employees in private businesses may do
that public employees may not.
a. Use of Town Telephones - it is understood that the need to do some personal
business using office telephones to call home, doctors, schools, etc., is necessary.
Personal use of Town telephones, beyond these situations, is not allowed.
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b. Town Vehicles - These vehicles may be used for Town business only.
C. Supplies and Other Equipment - Supplies and equipment cannot be purchased
through the Town for personal use. Personal use of supplies is not allowed.
d. Photocopier and Fax Machine - Use of the photocopier for all reproduction
purposes requires reimbursement to the Town at the established rates. Use logs
will be made available at each photocopy locations. The reimbursed amount will
be deducted directly from employees' paychecks at the end of the quarter.
Personal use of the fax machine will require the same reimbursement procedures
as for photocopiers. Use logs are located at all machines. Employees are
responsible to record both incoming and outgoing personal faxes.
e. Postage Meter Machine - The postage meter may not be used by Town
employees for personal mail.
f. Gifts - Acceptance of gifts from vendors is permitted only if the gift is edible and
can be enjoyed by employees located in the office area. Alcohol and other gifts
that do not meet these criteria should not be accepted and/or need to be
returned to the vendor.
g. Tickets - Acceptance of tickets from vendors or consultants to athletic events,
concerts and the like is prohibited.
h. Meals - Judgment should be used in accepting invitations from vendors for
business-related meals. Discretion should be used regarding whether to accept.
Employees should consider such factors as the regulatory relationship between
the Town, employee and vendor, the imminence of Town contract awards that
may benefit the vendor, and the convenience of doing business at meals.
9.11.1 Purpose and Supe - To establish policies and procedures for clarifying acts that are
considered to be fraudulent, describe the steps to be taken when fraud or other related
dishonest activities are suspected, and provide procedures to follow in accounting for
missing funds, restitution and recoveries.
The Town of Danville is committed to protecting its assets against the risk of loss or
misuse. Accordingly, it is the policy of the Town of Danville to identify and promptly
investigate any possibility of fraudulent or related dishonest activities against the
Town and, when appropriate, to pursue legal remedies available under the law.
9.11.2 Definitions
a. Fraud and other similar irregularities include, but are not limited to:
lX Ci1u1se1C1nnarCIb!%Htair s J, IL 1C1rLb1LLt Vf CxpC7Cs Ulat LVt lo-aed 01
authorized by the Towns expense reimbursement policy.
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2) Forgery or unauthorized alteration of documents (checks, .promissory
notes, time sheets, independent contractor agreements, purchase orders,
budgets, etc.).
3) Misappropriation of Town assets (funds, securities, supplies, furniture,
equipment, etc.).
4) Improprieties in the handling or reporting of money transactions.
5) Authorizing or receiving payment for goods not received or services not
performed.
6) Computer-related activity involving unauthorized alteration, destruction,
forgery, or manipulation of data or misappropriation of Town -owned
software.
7) Misrepresentation of information on documents.
S) Any apparent violation of Federal, State, or Local laws related to
dishonest activities or fraud.
9) Seeking or accepting anything of material value from those doing
business with the Town including vendors, consultants, contractors,
lessees, applicants, and grantees.
b. Employee - In this context, employee refers to all employees of the Town, as
defined in the Towns Personnel Policies and Procedures, and any volunteer who
provides services to the Town through an official arrangement with the Town.
9.11.3 Procedures to Deter Fraud
a. Each department of the Town is responsible for instituting and maintaining a
system of internal controls to provide reasonable assurance for the prevention
and detection of fraud, misappropriations, and other irregularities. These
internal controls should be reviewed and prepared in conjunction with the
Towns Finance Division.
b. Department Directors and managers who supervise and/or have approval
authority over expenditure of Town funds should be familiar with the types of
improprieties that might occur within their area of responsibility and be alert for
any indications of such conduct.
9.11.4 Investigation of Potential Fraud
a. It is the Town's policy to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial
investigation will be conducted regardless of the position, title, length of service
or relationship with the Town of any party who might be or become involved in
or becomes the subject of such investigation.
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b. Whenever any Town employee has a reasonable suspicion that fraud may be
occurring, that employee shall report the activity to their immediate supervisor,
or if the supervisor is the person suspected, to the next highest level within the
department.
C. When any suspected fraud is reported, whether by a Town employee or any
other individual, the appropriate department manager should determine
whether an error or mistake has occurred or if there may be dishonest or
fraudulent activity.
e. If the department manager believes there may be dishonest or fraudulent
activity, they should immediately report it to the Town's Human Resources
Manager who shall initiate an investigation in conformance with the Town's
Personnel Policies and Procedures. Depending on the allegations and
circumstances, the investigation may include the Towns Finance
Manager/ Treasurer, City Attorney and any outside investigators or auditors as
deemed appropriate. All Town employees shall fully cooperate with any such
investigation.
f. If the results of the investigation indicate violation of this Policy, discipline, up
to and including termination from employment, will be initiated as provided for
in the Town's Personnel Policies and Procedures. In addition, if the results of
the investigation indicated potential criminal acts, the matter should be reported
to the Danville Police Department.
g. All investigations involving Town employees shall be conducted in accordance
with the Town's Personnel Policies and Procedures. This means, for example,
that standard procedures for protection of whistleblowers, privacy rights and
due process rights shall be in effect during and after the investigation.
h. The Town will pursue every reasonable effort, including court ordered
restitution, insurance claims, etc., to obtain recovery of Town losses from the
offender, or other appropriate sources.
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SECTION 10
GRIEVANCE PROCEDURE
The purpose of the Grievance Procedure is to:
a. Afford employees a systematic means of obtaining consideration of concerns or
problems.
b. Provide for grievances to be settled as near as possible to the point of origin.
C. Provide that concerns or problems are resolved as informally as possible.
Any alleged violation of the Town's written personnel rules and policies is considered to be a
matter subject to review through the grievance procedure. Personnel actions which are subject
to Section 9 of these policies and procedures are not a matter subject to grievance.
At any time during the grievance procedure, the Human Resources Manager may rule that the
matter involved is not subject to grievance. A matter not subject to grievance may include
hours of work, services provided, staffing levels, amount of merit increases, allocation to
classifications, equipment and work methods (provided that prescribed methods of work are
consistent with the skill level expected of employees assigned to the class.)
Step 1 - An attempt must be made to resolve all grievances on an informal basis. The employee
should first discuss any grievance with his/her immediate supervisor. The employee must
provide the specific section of the policies and procedures alleged to have been violated and a
description of the facts upon which the grievance is based. It is the responsibility of the
employee to initiate this process within five (5) working days of the date when the aggrieved
action or incident becomes known to the employee. The supervisor must provide a written
decision to the employee within five (5) working days.
Step 2 - If the grievance is not satisfactorily resolved informally, the employee may present a
written appeal to the supervisor's immediate supervisor within five (5) working days after
receipt of the written decision under Step 1, The supervisor receiving the appeal shall make a
decision, in writing, and return it to the employee within ten (10) working days after receiving
the appeal.
Step 3 - If the grievance is not satisfactorily resolved at Step 2, the employee may submit the
grievance in writing to the Department Director within five (5) working days after the
supervisor's decision is received. The Department Director must deliver an answer u1 writing
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to the employee within ten (10) working days after submission of the grievance to the
Department Director.
Step 4 - If the grievance is not satisfactorily resolved at Step 3, the employee may submit a
written request to orally appeal the grievance to the Employee Engagement Committee within
five (5) working days after the Department Director's decision is received. Three members of
the Employee Engagement Committee will serve as a Review Board and consider the grievance.
One member of the Review Board will be selected by the grievant from the Employee
Engagement Committee members. One member will be selected by the Department Director.
One member shall be selected by agreement of the two previously -selected members. Within
twenty (20) working days of having been selected onto the Employee Engagement Committee,
the Committee members shall set a meeting with the employee, the employee's representative,
if any, and such other personnel as the Committee deems appropriate to investigate and
consider the grievance, to discuss the specific section of the policies and procedures alleged to
have been violated and a description of the facts upon which the grievance is based. The
Employee Engagement Committee Review Board will deliver an answer to the employee in
writing within ten (10) working days after the meeting.
Step 5 - If the grievance is not satisfactorily resolved at Step 4, the employee may submit the
grievance in writing to the Town Manager within five (5) working days after the Employee
Engagement Committee Review Board's answer is received. The Town Manager will render a
decision in writing to the employee within fifteen (15) working days after receiving the appeal.
The Town Manager's decision is final.
10.5.1 Time limits specified above may be extended to a definite date by mutual agreement
of the employee and the reviewer.
10.5.2 The employee may request the assistance of another person of his/her own choosing
in preparing and presenting the appeal to any level of review.
10.5.3 The employee and his/her representative may use a reasonable amount of work time
determined by the Department Director or supervisor in conferring about and
presenting the appeal.
10.5.4 The employee is assured freedom from reprisal for participating in the grievance
process.
8458647.1 DA010-003 80 Section 10 - Grievance Procedure
TOWN OF DANVILLE
PERSONNEL POLICIES AND PROCEDURES
REVISED DATE: 5/1/18
AUTHORITY
RESOLUTION NO. 47-83: A RESOLUTION OF THE DANVILLE
TOWN COUNCIL ESTABLISHING PERSONNEL POLICY GUIDELINES
RESOLUTION NO. 111-89, AMENDING RESOLUTION 47-83
RESOLUTION NO. 106-91, AMENDING RESOLUTION 111-89
RESOLUTION NO. 205-91, AMENDING RESOLUTION 106-91
RESOLUTION NO. 120-92, AMENDING RESOLUTION 205-91
RESOLUTION NO. 121-92, AMENDING RESOLUTION 120-92
RESOLUTION NO. 74-94, AMENDING RESOLUTION 121-92
RESOLUTION NO. 170-96, AMENDING RESOLUTION 74-94
RESOLUTION NO. 91-98, AMENDING RESOLUTION 170-96
RESOLUTION NO. 58-01, AMENDING RESOLUTION 91-98
RESOLUTION NO. 113-07, AMENDING RESOLUTION 58-01
RESOLUTION NO. 49-2018, AMENDING RESOLUTION 113-07
8458647.1 DA010-003 81 Authority