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HomeMy WebLinkAbout08.A- Economic Development CDC RESOLUTION (ID# 1428) DOi CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Emil A. Marzullo M/CC Meeting Date: 12/19/2011 Prepared by: Wasana A. Chantha, (909) 663- 1044 Dept: Economic Development Agency Ward(s): All Subject: Resolution of the Community Development Commission of the City of San Bernardino, California, Approving Amendments to the Personnel Policies and Procedures for All Employees of the City of San Bernardino Economic Development Agency Financial Impact: None. Motion: Adopt Resolution. Synopsis of Previous Council Action: On November 17, 2011, Redevelopment Committee Members Marquez and Brinker unanimously voted to recommend that the Community Development Commission consider this Caction for approval. L ,, Background: The City of San Bernardino Economic Development Agency's ("Agency") Personnel Policies and Procedures were originally adopted by the Community Development Commission of the City of San Bernardino ("Commission") in various forms since the early 1980's and substantially revised in 1998 and have been amended several times since 1998. The last amendment was approved by the Commission on June 30, 2010. That amendment was specifically to add/delete staff positions and associated job descriptions. No changes were made to the actual policy at that time. Current Issue: On July 25, 2011, the San Bernardino Economic Development Corporation ("SBEDC") Board of Directors approved the purchase of the new Springbrook Financial System for the SBEDC, Agency, and Carousel Mall, LLC. The current Wang System is obsolete and cannot accommodate the accounting needs of the aforementioned entities. The conversion to the new financial system is in process and the new system provides for bi- weekly payroll. The current system provides for semi-monthly payroll. Because the Employee Personnel Policies and Procedures (Section 5.C.) stipulate that employees will be paid semi- monthly, the Personnel Policies and Procedures must be amended to stipulate bi-weekly payroll. This change will take effect on January 13, 2012. Employees will be notified of this change after the amendment to the Personnel Policies and Procedures has been approved by the Commission. Updated: 12/14/2011 by Linda Sutherland PacketPg. 228 1428 In addition to amending Section S.C. - Working Hours and Pavdav, there are other updates that QCity Human Resources has recommended to update the Personnel Policies and Procedures: Section 6. A. Life Insurance - The Agency now participates with the City on a group life insurance plan for all regular full time employees. Therefore, the maximum amount of life insurance provided by the Agency is now $100,000 for Management employees and $50,000 for Confidential, Mid Management, and General Unit employees. Section 6. A-Employee Assistance Program (EAP) -Minor change to allow ALL employees the option of assistance instead of only the regular full time employees. Section 7. A. Vacation - Currently, there is an unusual provision that provides 160 hours of vacation time upon the completion of 10 years of service for one year only and then reverts back to the standard 120 hours until the 15"' year when vacation time of 160 hours is again provided. This is not standard practice and needs to be eliminated. However, it is recommended that any employee with a hire date of December 31, 2001, or earlier, be grandfathered in the continued availability of this incentive. There are only two such employees. If this recommendation is approved,both of these employees would receive the additional 40 hours in 2012. Section 9. Family Medical Leave Act (FMLA) - The current policy is outdated. Because City Human Resources ("HR") provides HR services to the Agency, they have provided the Agency with the current Family Medical Leave Act("FMLA") Forms. If approved, the Agency's policy will be to refer to "current City policy" to ensure that the Agency is always in compliance with the most updated laws. A summary of the current FMLA rights are attached. Employees will receive and sign an acknowledgement of the new policies as updated. Section 10. C. Other Terms and Conditions of Leave - Minor correction to refer to "Agency" instead of company. Section 18. C. FLSA Overtime Pay and Compensatory Time Off - Minor change to allow Administrative time-off in lieu of monetary compensation not to exceed 40 hours per week for FLSA exempt employees. Section 21. Policy Against Unlawful Harassment-As with the FMLA laws, harassment laws are ever changing and need to be kept current. City Human Resources has provided the City's Current Policy against unlawful harassment (attached). If approved, the Agency's policy will be to refer to "current City policy"to ensure that the Agency is always in compliance with the most updated laws. Employees will receive and sign an acknowledgement of the new policies as updated. Section 29. Personnel Files-Minor change to allow a per page charge for copying of files. Section 30. Voluntary Leave Donation Program - Proposed change would provide more specific rules on the types of leave that may be donated from one employee to another and the process for doing so. The proposed language is consistent with the City's policy. A copy of the tracked changes to the current Personnel Policies and Procedures is attached to this Updated: 12/14/2011 by Linda Sutherland PacketPg. 229 1428 staff report. City Attorney Review: Suaaortine Documents: 12-19-11 PP&P Attachments to SR(FMLA)(PDF) 12-19-11 PP&P Reso (PDF) 12-19-11 PP&P (Clean) (PDF) Updated: 12/14/2011 by Linda Sutherland PacketPg. 230 r 8.A.a WB YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993 d L The Family Medical Leave Act (FMLA) requires covered employers to d What XS FMLA? provide up to 12 weeks of unpaid, job-protected leave to "eligible" 0 employees for certain family and medical reasons. 0. ■e N d MA 3 Flag► IMAR0 To be eligible for FMLA benefits,an employee must: o �, r.. d A 2__. , - m ■ Work for a covered employer; 0 ■ Have worked for the employer for a total of 12 months; a • Have worked at least 1,250 hours over the previous 12 months; c ■ Must have a "serious health condition," which is defined as an illness, injury, impairment, E physical condition, or mental condition that causes a period of incapacity (meaning inability to work, attend school or perform other regular daily activities) and requires at least one of the E following: overnight stay in the hospital, hospice, or residential medical-care facility (any ¢ incapacity or subsequent treatment in connection with the in-patient care is also covered); or w continuing treatment by a health care provider. co N a A covered employer must grant an eligible employee up to a Tinployer's ltespons�l�r11�1e a total of 12 work weeks of unpaid leave during any 12-month J - period for one or more of the following reasons: g LL • For the birth and care of a newborn child of the employee; • For placement with the employee of a son or daughter for adoption or foster care; 0 ■ To care for a spouse, son, daughter,or parent with a serious health condition; E ■ To take medical leave when the employee is unable to work because of a serious health condition; or ■ For qualifying exigencies arising out of the fact that the employee's spouse, son,daughter, or ad parent is on active duty or call to active duty status as a member of the National Guard or a a Reserves in support of a contingency operation. C6 For the duration of FMLA leave,the employer must maintain the employee's health coverage under N I any"group health plan," d Upon return from FMLA leave,most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. ¢ i The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. Addlttona�ZnfOYlnat►On If you have access to the internet, visit M - lrttp://��ww.dol.aog +/est>/Nvhd/fnila. PacketPg.231 8.A,a NEW FMLA REGULATIONS N MILITARY FAMILY LEAVE IL v The Department of Labor's Wage and Hour Division published a Final Rule under the Family and o Medical Leave Act. The final rule becomes effective on January 16,2009,Military Caregiver a Leave(also known as Covered Service member Leave): c 0 Under the first of these new military family leave entitlements,eligible employees who are family members of covered service members will be able to take up to 26 workweeks of leave in a"single 12- o month period"to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty. Based on a recommendation of the President's Commission on Care for 0 America's Returning Wounded Warriors(the Dole-Shalala Commission),this 26 workweek entitlement is a special provision that extends FMLA job-protected leave beyond the normal 12 weeks E of FMLA leave. This provision also extends FMLA protection to additional family members(i.e.,next a of kin)beyond those who may take FMLA leave for other qualifying reasons. °w co N Qualifying Exigency Leave: The second new military leave entitlement helps families of members of the National Guard and Reserves manage their affairs while the member is on active duty in support of a contingency LL operation. This provision makes the normal 12 workweeks of FMLA job-protected leave available to eligible employees with a covered military member serving in the National Guard or Reserves to use o for"any qualifying exigency" arising out of the fact that a covered military member is on active duty y or called to active duty status in support of a contingency operation. The Department's final rule defines qualifying exigency by referring to a number of broad categories for which employees can use r FMLA leave:(1) Short-notice deployment; (2)Military events and related activities; (3) Childcare and school activities;(4)Financial and legal arrangements; (5)Counseling; (6)Rest and recuperation; (1) a Post-deployment activities; and(8)Additional activities not encompassed in the other categories,but agreed to by the employer and employee. a N s U R Q Packet Pg. 232 8.A.a " ` " REQUEST FOR FAMILY, MEDICAL, AND/OR PREGNANCY DISABILITY LEAVE N San Bernar ino Employee Name: Date of Request: 0 aL atS N Department: Title: 0 IL CD Hire Date: Dates Leave to Begin/End: 0 Vi L a I request Family/Medical Leave for the followine reason (check one): v E v c m A. Employee's Own Serious Health Condition that enables the employee unable to perform the functions of his/her position. (Please submit"Physician or Practitioner Q Certification"with Request for Family/Medical Leave. w co N B. Care of a Child,Parent,Spouse, or Domestic Partner of the Employee,if such family -e member has a serious health condition. a J Indicate Family Member: [ ] Child [ ] Parent [ ] Spouse [ ) Domestic Partner 0 N C. Birth,Adoption,or Foster Care-in order to care for such child, r E Indicate Appropriate Category: [ ] Birth [ ] Adoption [ ] Foster Care a a 06 a. a. D. Pregnancy Disability—disability caused or contributed to by pregnancy,childbirth,or recovery therefrom. N Note: Medical Certification must be submitted with Leave Request, and/or proof of adoption w or foster care. Medical Certification is also required for Return to Work. E I request the following Method of Leave: Consecutive Leave Intermittent or Reduced Leave Schedule (Describe schedule below) Packet Pg.233 S.A.a THIS SECTION IS TO BE COMPLETED BY PHYSICIAN: For certification relation to care for the employee's seriously ill family member,complete the following items as they apply to the family member and then sign and date. 1) Provide the date on which the serious health condition commenced: n d 2) Estimate the probable duration of the condition: o IL 3) Estimate the period of time care is needed for the individual requiring the care to include schedule °s of visits or treatments, if it is medically necessary for the employee to be off work on an d intermittent basis or to work less than the employee's normal schedule of hours per day per week: 2 0 IL a.By Physician or Practitioner c c O N d a b. By another provider of health services, if referred by Physician or Practitioner: c m E v c v 4) Does the serious health condition warrant participation of a family member to provide care during a period of the treatment or supervision of the employee requiring care? ❑ Yes ❑ No 0 w 5) When Family Leave is needed to care for a seriously ill family member, the employee shall state co an estimate for the time period during which this care will be provided, including a schedule, if v leave is to be taken intermittently or on a reduced leave schedule: a J LL LL 6) Physician's Information: y Name: Address: r 0 Phone Number: t Type of Practice(Field of specialization,if any): a IL as Physician's Signature: Date: a T Q6 If the duration of my Family/Medical Leave (total of paid and unpaid time) does not exceed 12 weeks, I will be returned to my original or equivalent position. I understand if my Family/Medical Leave should exceed 12 weeks, I will be returned to my original or similar LE position, only if available, in accordance with applicable laws. Employee Signature Date i Packet Pg.234 � i 8.A.a CITY OF SAN BERNARDINO POLICY ON NON-DISCRINHNATION/WORKPLACE HARASSMENT " d L 7 I. PURPOSE: 0 Discrimination and workplace harassment,including sexual harassment,in employment a ae is a violation of State and Federal law as well as a violation of a person's privacy and v U dignity. It can cause emotional,physical and economic damage to its victims. It o a undermines the integrity of the employment relationship.It can result in economic loss to the employer and employee,excessive absenteeism and turnover,loss of morale, d polarization of staff,sabotaged work, a decrease in management credibility and a a decrease in productivity.The purpose of this policy is to confirm the City of San Bernardino's commitment to maintain a work environment five from unlawful d discrimination and/or harassment/sexual harassment for all current and prospective City a a employees. °w This Policy: a • Defines discrimination, harassment, and retaliation under this policy; � • Confirms the City's commitment to prohibit and prevent unlawful U. discrimination,harassment/sexual harassment,and retaliation in employment; N • Provides a City complaint and investigation procedure to resolve complaints g of alleged discrimination,harassmcnt/sexual harassment,and retaliation in " violation of law or this policy. E E U II. POLICY: It is the policy of the City of San Bernardino to provide all current and prospective employees a work environment free from discrimination and harassment/sexual na harassment on the basis of race,religious creed,color,national origin,ancestry, age,sex, marital status,physical disability,mental disability,medical condition, sexual orientation, pregnancy, childbirth or related medical conditions of any female employee, or any other a E classification protected by law. a Therefore,the City of San Bernardino will not tolerate any form of discrimination, harassment, sexual harassment,or retaliation, and expects individuals to adhere to a Packet Pg. 235 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment C standard of conduct that is respectful to all persons within the work environment.This policy is intended to allow the City to resolve complaints of discrimination,harassment, sexual harassment,and retaliation internally. It is meant to supplement,not replace,any U applicable State and Federal remedies, a as a The City of San Bernardino further acknowledges and understands that in order to .2 0 implement a non-discrimination/non-harassment policy of the type hereby promulgated, °' Z it is essential that all persons who witness or experience discrimination or o N harassment/sexual harassment of the type prohibited by this policy report that a discrimination or harassment immediately in order to facilitate early, effective,efficient d and impartial investigation and intervention by the City.Accordingly, any retaliation E c against a person for filing a discrimination/harassment complaint,reporting E discrimination/harassment which he or she has witnessed or assisting in a o w discrimination/harassment investigation is strictly prohibited. In interpreting and implementing this policy,the constitutional rights of free speech and J association shall be accommodated in a manner consistent with applicable Federal and LL State law in a manner consistent with the intent of this policy. N 0 N C III. SCOPE: E This policy applies to all officers, agents,employees and elected officials of the City of Y San Bernardino (collectively called "employees"herein),as well as third parties(e.g., CL vendors, contractors,members of the public)regularly entering the work environment, a m IV. DEFINITION: N A. Discrimination as used in this policy is defined to include,but is not limited to: v 1. Basing an employment decision as to a job applicant or employee,e.g., decision to hire,promote,transfer,terminate, etc. on one's protected a status,e.g.,race, religious creed, color,national origin, ancestry,age, sex, 2 PacketPg. 236 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment marital status,physical disability,mental disability,medical condition, sexual orientation, or any other classification protected by law. 2. Treating an applicant or employee differently with regard to any aspect of U employment because of his/her protected status. o a 3. Engaging in harassment/sexual harassment as more specifically defined °e N d below. 0 B. Harassment includes the following when based upon race,religious creed, color, a v national origin, ancestry, age,sex,marital status,physical disability,mental c 0 disability,medical condition, sexual orientation or any other classification d protected by law: 1. Verbal harassment,e.g., epithets,derogatory comments,lewd a propositioning, sexual remarks,or slurs; E E 2. Physical harassment, e.g.,assault,unwelcome,unconsented or offensive o touching,impeding or blocking movement,or any physical interference " Qwith normal work or movement;and, v 3. Visual harassment,e.g., leers, gestures,or derogatory posters,cartoons or a J drawings. 4. Unwanted sexual advances,even if the complainant is not the target of the w 0 sexual advances,but believes that engaging in sexual conduct or y solicitations is a prerequisite to fair treatment. E 5. For the purpose of this policy,harassment also specifically includes sexual harassment,as defined below. a a i C. Sexual Harassment includes unwelcome sexual advances,requests for sexual a favors,and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly as a N term or condition of an individual's employment; v 2. Submission to or re jection of such conduct by an individual is used as a basis for employment decisions affecting the individual; or, a I © I 3 PacketPg. 237 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment C 3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating,hostile or otherwise offensive working environment. 4. For the purpose of further clarification, sexual harassment includes, but is a not limited to: ca N d a. Making unsolicited written,verbal,physical or visual contact with v 0 sexual overtones,physical contact or blocking movement. (Written a Z examples: suggestive or obscene letters,notes,invitations.Visual c U) examples: leering, gestures,display of sexually suggestive objects a or pictures,cartoons or postcards.Physical examples:touching in a d sexually suggestive manner,touching of the private parts of s c another for sexual gratification,pinching, grabbing,patting, 0 a propositioning or leering.) c b. Continuing to express sexual interest repeated offensive sexual W co flirtations,advances,or propositions after being informed that the �✓ interest is unwelcome. (Reciprocal attraction is not considered a J sexual harassment.) C. Making reprisals,threats of reprisal,or implied threats of reprisal N 0 following a negative response. For example,either implying or a c actually withholding support for an appointment,promotion, or E r change of assignment; suggesting a poor performance report will be prepared,or suggesting probation will be failed. a a. d. Engaging in implicit or explicit coercive sexual behavior,which is a used to control, influence, or affect the career, salary or work A environment of another employee. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. e. Offering favors or employment benefits,such as promotions, E favorable performance evaluations, favorable assigned duties or a shifts,recommendations,reclassifications, etc.,in exchange for sexual favors. i 4 Packet Pg. 238! 8.A.a City of San Bernardino Policy on Non-Discrimination/Workplace Harassment f. When employment benefits are granted because of sexual favor, other qualified persons who are denied the benefits may be considered to be victims of sexual harassment. o d g. Widespread sexual favoritism that is severe or pervasive enough to 0 h- alter the complainant's working conditions and create a hostile oa N N work environment. .2 0 h. A finding of sexual harassment may be made even though the a v conduct occurs outside of the workplace. o 0 D. Retaliation as used in this policy prohibits retaliation against a person who files a a discrimination or harassment/sexual harassment complaint,reports discrimination d or harassment/sexual harassment or assists in a discrimination or harassment/ E r sexual harassment investigation.Retaliation includes threats,intimidation, E a reprisals, and/or adverse actions related to employment, o w V. PENALTY GUIDELINES: The City of San Bernardino will undertake all appropriate necessary actions against any a J employee found to be in violation of this policy to prevent further discrimination, harassment,including sexual harassment,and retaliation.Appropriate necessary action w 0 may include corrective action(e.g.,counseling and/or training)and/or punitive action up to and including termination from employment. Employees found to be retaliating against another employee for filing a discrimination charge, a harassment/sexual harassment charge or making a discrimination and/or harassment/sexual harassment complaint shall a od be subject to disciplinary action up to and including termination, a a C; In the case of elected officials,disciplinary actions are limited to private or public N censure,unless otherwise permitted by Charter. E U In the case of a citizen, contractor or vendor the City shall take such actions to prevent a further discrimination or harassment/sexual harassment as may be within it's power. 5 Packet Pg. 239 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment Any manager, supervisor,or designated employee responsible for reporting or responding to discrimination,harassment, sexual harassment,and/or retaliation who knew about the discrimination,harassment,sexual harassment and/or retaliation and took no action to v stop it or failed to report the aforesaid prohibited conduct also may be subject to a disciplinary action. w d 'u 0 VI. DUTIES: a d c A. City Responsibility: c 0 The City shall take prompt,appropriate action to avoid or minimize a discrimination,harassment/sexual harassment,retaliation,and liability to the City. d The City will pursue every possible preventative measure to insure employees are E C not subject to discrimination,harassment/sexual harassment,and retaliation;will a investigate all complaints of discrimination,harassment/sexual harassment, o retaliation, and all instances which it has good cause to believe to have occurred; co !� and will take appropriate disciplinary action against any employee(s)found to be in violation of this policy. j B. Director of Human Resources/City's EEO Officer: The Director of Human Resources and/or the City's EEO Officer shall be 0 responsible for: y C 1, Insuring that this policy and complaint procedures are disseminated to all employees. 2. Providing training and assistance to department heads, supervisors and a employees in preventing and addressing discrimination,harassment/sexual a harassment, and retaliation. s rn 3. Investigating,resolving and making findings and recommendations on N complaints of unlawful discrimination,harassment/sexual harassment, and retaliation. u A C. Department Heads a Department heads shall be responsible for: 6 Packet Pg. 240 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment 1. Assisting the City's EEO Officer and/or Director of Human Resources by disseminating this policy and ensuring that the workplace remains free of discrimination,harassment/sexual harassment, and/or retaliation. 2. Coordinating and cooperating with the City's EEO Officer and/or Director o a of Human Resources in resolving complaints involving employees in their 06 N v respective departments; and,when discrimination,harassment/sexual 0 harassment, and/or retaliation has occurred,taking: °- d • Prompt and appropriate remedial action against the c perpetrator/harasser. • Reasonable steps to protect the complainant from further a discrimination,harassment/sexual harassment, and/or retaliation. • Action to remedy the effects of discrimination,harassment/sexual E harassment, and/or retaliation. D. Employees a Employees shall cooperate fully with all investigations of discrimination, a 0 w harassment/sexual harassment, and retaliation;implementation of remedial measures; and shall not retaliate against complainants or witnesses. a J VII. COMPLAINT PROCEDURE: A. Any employee who believes that he/she has been discriminated against, 0 harassed/sexually harassed,retaliated against,or has the reason to believe that someone else has been the subject of discrimination,harassment/sexual E Z harassment,and/or retaliation has the obligation to notify the employee's supervisor or department head,the Human Resources Director, or the City Equal a 06 Employment Opportunity(City's EEO) Officer. (Any applicant who believes a he/she has been discriminated against and/or harassed/sexually harassed may file with the City's EEO Officer or Human Resources Director.) N B. The City's EEO Officer and/or the Human Resources Director shall be v responsible for ensuring that all complaints of harassment/sexual harassment, u discrimination, and retaliation are investigated thoroughly and are responded to in a a timely fashion and arranging for periodic training for employees. i Packet Pg. 241 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment C. The City's EEO Officer and Human Resources Director shall perform his/her duties in a fair, impartial, and objective manner. Any person who attempts to d influence the City's EEO Officer and/or Human Resources Director by means of d any threat, intimidation,persuasion,or assurance of any pecuniary or other o a advantage,may be subject to prosecution and/or penalties as provided herein. N I D. Upon the filing of a written complaint(see attached forms)or at such time as the 0 City's EEO Officer and/or Human Resources Director has good cause to believe a v that discrimination,harassment/sexual harassment,and/or retaliation has o occurred,the City's EEO Officer and/or Human Resources Director shall v a promptly and confidentially investigate the matter and keep the complaint 0 confidential to the extent practicable within the context of the investigation. �E E. The City's EEO Officer and/or the Human Resources Director shall provide the E respondent an opportunity for an informal resolution of the matter,and shall a 0 notify the complainant of the proposed disposition of his/her complaint by the w informal adjustment procedure. v F. The complainant and respondent shall abide by the terms of any settlement they a J agree to at any time in the process. In all other respects,the recommendations of LL the City's EEO Officer and/or the Human Resources Director shall be advisory of 0 only. y v E VIII. LIABILITY FOR SEXUAL HARASSMENT Any employee who engages in unlawful sexual harassment or retaliation,including any e a Supervisor or Manager who knew about the sexual harassment and took no action to stop a it, may be held personally liable for monetary damages. Ch N r IX EMPLOYEE RIGHTS AND RESPONSIBILITIES d A. Complainants: E U Any employee who believes he or she has been discriminated against, a harassed/sexually harassed,and/or retaliated against has the responsibility to take immediate action to assure that the situation does not persist. 8 � PacketPg. 242 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment C Employees have the following rights: 1. The right to work in an environment free of discrimination, harassment/sexual harassment and/or retaliation. a m 2. The right to an informal hearing by the City's EEO Officer or Human o a Resources Director. ad N 3. The right to a full,impartial and prompt investigation through the City's v EEO Office or Human Resources Department including the right to a C m produce witnesses and to have them interviewed. c 4. The right to be represented by legal counsel or other representatives, at a his/her own cost, at all stages. d 5. The right to a timely decision after full consideration of all relevant facts aE c and circumstances. d E 6. The right to be advised of the results of the City's EEO Officer's or a c Human Resources Director's investigation and conclusions. (If discipline m 00 is imposed,the specific terms of the discipline will not be communicated to the complainant.) g 7. The right to be free from retaliation for filing a complaint or otherwise a participating in an investigation of discrimination,harassment/sexual w harassment and/or retaliation. N r C m E Employees may also file complaints of discrimination,harassment/sexual ��, harassment,and/or retaliation with the following State and Federal Offices: a a 9L a Department of Fair Employment Equal Employment a &Housing(DFEH) Opportunity Commission(EEOC) ;, Los Angeles Housing District Roybal Federal Building A 611 West 6a'Street,Suite 1500 255 East Temple Street, 0 Floor r Los Angeles, CA 90017 Los Angeles, CA 90012 m Phone: 800-233-3212 Phone: 213-894-1000 E r A B. Respondent: Any employee who has been accused of discrimination, harassment/sexual harassment,and/or retaliation("Respondent")has a responsibility to cooperate 9 Packet Pg. 243' - 8.A.a I City of San Bernardino Policy on Non-Discrimination/Workplace Harassment with the investigation by the EEO Officer and/or Human Resources Director and also has the following rights: y i I. The right to an attempt at an informal resolution of the complaint with the a d City's EEO Officer and/or Human Resources Director prior to the o a. institution of any formal process. m N 2. The right to be represented by legal counsel or other representative,at his/her own cost,at all stages of the proceedings. °. o Z C. It shall be the responsibility of any supervisor or other employee to whom alleged 0 discrimination,harassment/sexual harassment, and/or retaliation has been d a reported to maintain such report as a matter of strict confidence. Such report may be discussed only with the EEO Officer and/or Human Resources Director prior E to the investigation. d E Q 0 A complaint of discrimination or harassment/sexual harassment,and/or retaliation L.U. co is to be considered and treated as any other confidential record of the complaining v f� and responding employees. a J LL LL Copies of this policy shall be distributed to all employees and elected officials. w Y E 0 d E t 0 m Q a a a C6 N 1 Y C d E V Q O to Packet Pg. 2 City of San Bernardino Policy on Non-Discrimination/Workplace Harassment N d d U ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH n- CITY OF SAN BERNARDINO POLICY ON o NON-DISCRIMINATION/WORKPLACE HARASSMENT/SEXUAL HARASSMENT U O a. I hereby acknowledge receipt of the City of San Bernardino Policy on Non-Discrimination/ Workplace Harassment/Sexual Harassment. I understand that compliance with this policy is y mandatory and violation of this policy may result in discipline up to and including termination. a c m E a c w E DATE Employee Signature N N C N%.W Q J LL Employee Name(Print) 0 N r d E L U A a CL ad IL a a N T C m E V yA M a HR/Harassment Policy and Trauiing:Policy.Harassment-Sexual Harassment 11 N d 7 a d v COMMUNITY DEVELOPMENT COMMISSION ao` ad PERSONNEL POLICIES AND PROCEDURES FOR EMPLOYEES OF THE d CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY a° d C c 0 N d a Adopted September 21, 1998 Amended October 5, 1998 E Amended October 18, 1999 Amended September 18,2000 E Amended August 20,2001 Q Amended October 15,2001 °m Amended December 16,2002 •• Amended February 22,2005 a �.., Amended June 23,2005 Amended June 29,2006 g Amended June 21,2007 Amended January 22,2008 U. Amended June 30,2010 vi Amended December 19,2011 r N C d E r U d x Q a a6 IL a A N r w C d E t Rd F Q Packet Pg. 246 8.A.a Table of Contents m INTRODUCTION Page 1 d 0 PART A GENERAL POLICIES: o N O) Section 1 APPOINTMENTS Page 2 •2 Section 2 EMPLOYMENT AT-WILL Page 2 0 Section 3 EQUAL EMPLOYMENT OPPORTUNITY Page 3 Section 4 MANAGEMENT RIGHTS Page 3 0 Section 5 WORKING HOURS AND PAYDAY Page 4 Section 6 EMPLOYEE BENEFITS Page 5 a Section 7 VACATION Page 8 i= Section 8 SICK LEAVE Page 9 E Section 9 FAMILY-GARB AND/OR MEDICAL LEAVE Page 11 Section 10 PREGNANCY RELATED DISABILITY LEAVE E OR TRANSFER Page 11 a Section 11 PERSONAL LEAVE Page 12 w Section 12 BEREAVEMENT LEAVE Page 12 Section 13 JURY DUTY Page 12 v Section 14 MILITARY LEAVE Page 4213 Section 15 OTHER LEAVES OF ABSENCE Page 13 Section 16 INJURY LEAVE(Worker's Compensation) Page 14 Section 17 PAID HOLIDAYS Page 14 Section 18 FLSA OVERTIME PAY&COMPENSATORY vi TIME OFF Page 15 S Section 19 USE OF PERSONAL VEHICLES AND TRAVEL COMPENSATION Page 16 E Section 20 CONFLICT OF INTEREST Page 16 Section 21 POLICY AGAINST UNLAWFUL HARASSMENT Page 17 =° Section 22 DRUG FREE WORKPLACE Page 17 a Section 23 GRIEVANCES Page 18 a Section 24 DISCIPLINARY ACTION Page 18 a Section 25 LAYOFFS AND REDUCTIONS IN FORCE Page 19 Section 26 RESIGNATION Page 4920 Section 27 TUITION REIMBURSEMENT POLICY Page 20 N Section 28 OVERAGES AND SHORTAGES Page 21 c Section 29 PERSONNEL FILES Page 21 E Section 30 VOLUNTARY LEAVE DONATION PROGRAM Page 21 Section 31 PRE-EMPLOYMENT PHYSICAL AND DRUG TEST Page 22 a Section 32 AUTOMOBILE ALLOWANCE Page 22 I 2 PacketPg. 247 P.UgendisUgenda AuuhmenlsUgende AmohmentsUgemis-Amend 2017\IZ-19-2011-Persosmel Poliain aM Prxeedum far EUA Emplopers Ameadmzos pacua\do< ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PERSONNEL POLICIES AND PROCEDURES N I INTRODUCTION d U O L The following Personnel Policies and Procedures ("Policies") are adopted by the Community Development Commission ("Commission") pursuant to California Health and Safety Code Sections 33126 and/or 34144 to govern the terms and conditions of employment for .2 employees of the Community Development Commission, Economic Development Agency a ("Agency"). c 0 These Policies apply to all Agency employees, including Management and Confidential N Unit employees, Mid-Management Unit employees and General Unit employees, unless a specifically stated otherwise. d E These Policies supersede and replace all previous personnel policies, practices and guidelines adopted or promulgated by the Commission or the Agency, including, without limitation: the Commission's "Personnel Policies and Procedures" adopted in 1989; the a "Personnel Policies and Procedures for the Community Development Commission of the City of o San Bernardino, Economic Development Agency Mid-Managers", adopted April 15, 1991; the I.U. "Personnel Policies and Procedures for the Community Development Commission of the City of v San Bernardino, Economic Development Agency General Unit Employees", adopted April 15, 1991; and the Management and Confidential Employee Compensation and Benefits Plan, a established by Resolution No. 5282. LL t In adopting these Policies, the Commission hereby reaffirms its intent to achieve w maximum flexibility in the administration of Commission and Agency personnel matters. The 2 exercise of managerial discretion by the Agency in personnel matters shall be limited only by the 4 specific and express terms of these Policies. E The Executive Director is hereby authorized to prepare and issue Administrative Guidelines supplementing these Policies. The Executive Director may amend such a Administrative Guidelines from time-to-time as he or she deems appropriate or necessary. The a Administrative Guidelines shall not be inconsistent with the Policies stated herein. In the event a. of any inconsistency between these Policies and the Administrative Guidelines, these Policies shall govern, N I These Policies are not intended to, and shall not be construed to, limit the powers of the c Chairperson of the Commission, and/or the Commission,under Health and Safety Code Sections 33200 and/or 34120. These Policies, and any benefit or provision herein, may be modified, revised,amended or abolished in the future by the Commission by formal resolution. a I P:UgeMas\Ageeda Anachmems%Agenda AuaahmmssUAvmts-AmeM2011\Q.]9-2011-Posmel Polkln and PraeMmn for FDA Employees Amendmew(tracUng)dm Packet Pg. 248 PART A. GENERAL POLICIES: w d Section 1. APPOINTMENTS: m v A. The Executive Director and all other employees of the Economic Development o Agency shall be appointed by the Chairperson with the approval of the Community Development Ga Commission (see Staff Positions Attachment"A"). All employees shall serve at the pleasure of m the Chairperson,in accordance with the provisions in California Health and Safety Code. 0 a B. All employees hired by the Agency shall be appointed in accordance with the job c classifications (see Attachments "C") as may be adopted by the Commission from time to time, c The Chairperson may make changes and modifications, as needed, to job descriptions listed in m the job classifications in order to meet Agency goals and objectives without further Commission a. approval. c m E C. All new employees shall be appointed at a salary set forth for the appropriate job V classification, as may be adopted by Commission resolution or as approved in connection with E the budget adoption process. All salary increases shall be in accordance with said salary a schedule(see Attachment`B"). w © D. The Agency may hire employees on a part-time basis to perform temporary work or to perform ongoing assignments requiring less than an average of forty (40) hours per week. Part-time employees shall only be entitled, at Agency or part-time employee expense, to those g benefits required by law or specifically designated in these Policies. For purposes of these g Policies,a part-time employee is one whose average work-week is thirty five(35)hours or less. U. X (a E. The Agency may contract with qualified individuals to provide specific services on a temporary basis not to exceed the equivalent of six (6) months of full-time employment. Contract employees shall be entitled only to those benefits and privileges specifically enumerated in the employment agreement and/or as required by law. F. The Chairperson may appoint an employee to a vacant position at a higher-level a in an "acting" capacity contingent upon such employee's demonstration of specific skills or a contingent upon an employee's completion of additional educational or training requirements a within a specific period of time. While in an acting capacity, employees may receive salary adjustments commensurate with the higher-level position salary range. N r Section 2. EMPLOYMENT AT-WILL: c d E All employment at the Agency is "at-will". This means that either the employee or the v Agency may terminate the employment relationship at any time, with or without advance notice, Q and with or without cause. Employees also may be demoted or disciplined and the terms of their employment may be altered at any time, with or without cause, at lire discretion of the Agency. Consequently, no Agency employee has a property interest in continued employment or in the C other terms and conditions of employment. This constitutes the sole and exclusive agreement P.UgrMesUSroda NaachmewsUg<ada AnachmentsUg.mtsAmend 2011112-19-3071-Praso 1Pobdo and Pwttd nfm EDAEmplq.,Am,M..m(vukLS)docx Packet Pg. 249 ® i concerning the circumstances under which employment may be terminated or modified, and supersedes any express or implied agreements, policies or practices on the subject. No one other than the Commission has the authority to alter this arrangement, to enter into an agreement for employment for a specified period of time, or to make any agreement contrary to this Policy, and any such agreement must be in writing and formally adopted by the Commission. (D 0 Section 3. EOUAL EMPLOYMENT OPPORTUNITY: d It is the policy of the Agency to provide equal employment opportunity for all applicants and employees. The Agency does not unlawfully discriminate on the basis of race, color, a. religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, c ancestry, age,physical disability,mental disability,medical condition, family care status,veteran c status,marital status, or sexual orientation or any other status protected by law. The Agency also m makes reasonable accommodations for disabled employees. Finally, the Agency prohibits the a harassment of any individual on any of the bases listed above. For information about the types of conduct that constitute impermissible harassment and the procedures for addressing E complaints of harassment, please refer to the Policy Against Unlawful Harassment contained in c these Policies. E a This policy applies to all areas of employment including recruitment, hiring, training, w promotion, compensation and benefits. 00 It is the responsibility of every employee to conscientiously follow this policy. Violation a of this policy may lead to disciplinary action,up to and including termination of employment. g Any employee having questions regarding this policy should discuss them with his or her supervisor,the Executive Director or the Agency's designated Affirmative Action Officer. w 0 Section 4. MANAGEMENT RIGHTS: N E In order to ensure that the Agency is able to efficiently carry out its functions and responsibilities as imposed by law, the Agency,though its Chairperson, has the exclusive right to z manage and direct the performance of Agency services and the work force performing such a services. These rights include,but are not limited to,the exclusive right to: a a A. Determine the mission of each of its operations; B. Establish the merits, necessity or organization of any service or activity provided by law; E C. Direct the work of the Agency employees; a D. Set standards of service; E. Determine the overall responsibility of employees assigned to carry out the j various operation of the Agency; PAA8crU5SAgeoda AOachmenlstAgenda AOachmenlslApmis-Amend 2011 112.19-2011-Personnel Policlesand Psoceedures forMAEmployses Amendmena(traddrg)docx PacketP F. Take disciplinary action consistent with these Policies; N d G. Take all necessary action to carry out the function of the Agency in emergency situations; m 0 0. H. Determine the methods, means, and personnel by which operations are to be conducted; d .2 I. Determine the budget and organization of the Agency; a.0 Z J. Lay off employees because of lack of work or for other appropriate reasons; 0 K. Determine the content of job classifications; a L. Expand or diminish services; E 0 C M. Subcontract any work or operations; E Q N. Determine the size and composition of the work force and determine work W assignments; m N O. Establish and change work schedules and assignments; a P. Establish the days and hours when employees shalt work; g u_ Q. Establish reasonable work and safety rules and regulations in order to maintain w efficiency and economy desirable in the performance of Agency services; 0 N a. C R. To hire, promote, demote, transfer, terminate and classify employees within the d E Agency. R The exercise of the foregoing powers, rights, authority, duties, responsibilities by the a Agency, the adoption of policies, rules, regulations and practices in furtherance therefore, and 'a the use of judgment and discretion in connection therewith, shall be limited only by the specific a and express terms of these Policies, and then only to the extent such specific and express terms are in conformance with the law. The Executive Director may exercise, on behalf of the Agency, the authority granted hereunder, except as limited by law or by these Policies. The power to dismiss Agency employees shall be vested solely in the Chairperson, who may act upon the i recommendation of the Executive Director. The absence of a recommendation by the Executive Director shall not be considered a limitation on the Chairperson's power to dismiss. Q Section 5. WORKING HOURS AND PAYDAY: A. The Agency's days of operation will be Monday through Friday. 4 Packet Pg.251 P.NgedasUgeoda NU<6me nub\gmda Tm<hmenU�Agrmu-AmeW 1011\I4-19301E Persome!PO!!<ies eid PraceNures forFDA Emp!o,xes AmeMmenl(traoFiv¢ldax Be Alternate work schedules, other than eight (8) hour work days, such as compressed workweeks and nine (9) or ten (10) hour workdays to improve employee morale or to promote the policies of the Air Quality Management District goals to reduce smog and traffic, d may be implemented by management if the goals and mission of the Agency allow for such schedules. 0 C. Agency staff will be paid on the fifteenth ii 5th)-and the last day of e_,.0 Mandl d every other Friday (bi-week beginning on pay date January 13, 2012 in accordance with the d ly) adopted Salary Chart (Attachment aB") and in accordance with Agency procedures. Whenever payday falls on a holiday- , payday will be on the preceding workday. A procedure oo, will be made to effect salary step increases,required time sheets and leave accounting. c c 0 d Section 6. EMPLOYEE BENEFITS: a A. All regular full-time employees shall be eligible for the following benefits and E may apply adopted and allowed Agency contributions to the employee portion of Agency C provided PERS group medical, dental and vision insurance premiums, supplemental life E insurance premiums, deferred compensation benefits and retirement, and PERS provided long- term care premiums, as described below, subject to the approved cap on the Agency's w contribution. Employees in a non-paid status for more than fifty percent (50%) of the work month, shall be responsible for payment of these benefits to continue coverage, except for those a benefits provided for by law or in accordance with Family Leave. Retirement: All regular full-time employees of the Agency are required to be members of the Public Employees' Retirement System(hereinafter called"PERS")at the 3% @ 60 plan, effective July 1, 2003. In addition to the employer's share of the PERS w contributions, the Agency shall pay 8% of monthly salary for the employee share of the 0 PERS contribution. Based upon the current PERS plan requirement whereby the employee share is 8%, the employee shall not have any monthly obligation for the employee share of the PERS contribution. Regular part-time employees are not covered by the PERS retirement plan, but the regular part-time employee shall be required to a contribute to an alternative recognized retirement plan as required by law, d d Medical Insurance: The Agency shall provide a group health insurance program for d regular full-time employees and eligible annuitants (retirees as described below). Any Agency contribution for regular full-time employees shall be in accordance with Section 6-A,"Cap on Agency Contributions Towards Medical,Dental,Vision, Supplemental Life Insurance, Deferred Compensation,and Long-Term Care". E The Agency shall pay a portion or all of the monthly medical insurance premium for 0 eligible annuitants at the monthly premium as allowed for, and as required by, PERS a rules and regulations, and/or other applicable rules and regulations, when the annuitant continues coverage under, or enrolls in, the PERS Health Insurance Plan at the time of j direct retirement from the Agency (PERS allows up to 120 days from the date of retirement to enroll in the PERS Health Insurance Plan). The Agency shall pay a portion 5 PacketPg. 252 P:Wgendas\Agend,AtlachmentAAgenda Altochment9Agrmis-Amend 2011\1219301 I.Personnel Policies and Pmc Bums for MA Employees Amendment(uacting).docx of the monthly medical insurance premium for eligible annuitants at a rate higher than the minimum allowed for, and required by, PERS rules and regulations, if the eligible annuitant elects to continue coverage under, or enrolls in, the PERS Medical Insurance d Plan at the time of direct retirement from the Agency, and meets the following criteria. To be eligible for increased Agency paid monthly medical insurance premiums, the regular full-time Agency employee must retire directly from the Agency with a minimum a of eight (8) years of Agency service, and have attained the minimum age of fifty (50) at s the time of at the time of direct retirement from the Agency. The Agency's total contribution towards the eligible annuitants' monthly health insurance premium shall be .v the lower of either the monthly PERS health insurance premium or the sum of$350 per a month. When the annuitant becomes eligible for Medicare, the Agency's contribution shall be the lower of either the monthly PERS Medicare supplemental insurance premium c or $350 per month. The increased Agency paid health insurance premium shall cease upon the death of the annuitant, or when the annuitant is no longer covered by the PERS a Health Insurance Plan. The Agency will remain bound by PERS rules and regulations regarding any surviving spouse continuing in the PERS Health Insurance Plan. The form E of Agency contribution may be a direct reimbursement to the annuitant for the higher c Agency contribution or any portion thereof, and/or the Agency contribution, or any E portion thereof, may be paid directly to the PERS Health Insurance plan, and/or the a contributions may be a combination of both. In any case, the Agency contribution will °w not exceed the lower of$350 per month or the PERS health insurance premium. CO N Dental and Vision Insurance: The Agency shall provide a group dental and vision v insurance plan for all regular full-time employees. Any Agency contribution shall be in g accordance with Section 6A "Cap on Agency Contributions towards Medical, Dental, Vision, Supplemental Life Insurance,Deferred Compensation,and Long-Term Care". U. a y Life Insurance: The Agency shall provide a group life insurance program for all regular c full-time employees as provided by the City's Life and Accidental Death and E Dismemberment Plan. The Plan shall provide Term Life Insurance of one hundred thousand dollars ($100,000) for Management employees and filly thousand dollars ($50,000) for Confidential, Mid-Management and General Undt employees: and Tenn IL Accidental Death and Dismemberment Insurance of fifty thousand dollars ($50,000) for a all regular full-time employees. in an arnount not )n n, eed $50,00 ,•,. ( a T ndamival nn(n,n. f .. �An„n nnn, „/ ., ,,,(n,.unn .,.I,in�, � the =>:se,=ey shall pay t]re premium en-behalf-.,_--,,w-errM;oyee—supplemental life, as provided by the group policy, may be purchased by the employee at the employee's c expense or-and any additional Agency contribution for supplemental life insurance shall E be in accordance with Section 6A "Cap on Agency Contributions Towards Medical, W Dental, Vision, Supplemental Life Insurance, Deferred Compensation, and Long-Term Q Care". Lone-Term Disability Insurance: The Agency will provide a group long-term disability insurance program for all regular full-time employees, and the Agency shall 6 PacketPg. 253 P.1AgeedasUgeMa Anachmewz�eoda N)ae6meotzUgzmis-Amend]OII\12-19.1011-Personnel Polidn vd Prueedims fm EDA Emplq'ttz Amendment QreeA'nel docz pay the premium on behalf of the employee. The coverage shall be as allowed for under the Agency's Long-Tenn Disability Insurance Policy. If allowed for under the Policy,an employee shall not be required to exhaust their sick leave to receive benefits. d Medicare: All employees appointed on or after April 1, 1986 will be required to participate in the Social Security Medicare program and pay, as required, the employee portion. The Agency shall be required to pay the employer portion in accordance with law. d Short-Term Disability Insurance: The Agency shall provide a group Short-Tenn Disability Insurance (SDI) program for all regular full-time employees, and the Agency shall pay the premium on behalf of the employee. c Deferred Compensation Plan: The Agency shall contribute the amount of$300 per a. month for regular full-time Management employees, and$200 per month for regular full- time Mid-Management and Confidential employees into the proper qualified deferred £ compensation plan as appropriate and allowed for under this policy. All other contributions for Management, Confidential and Mid-Management employees into a E qualified deferred compensation plan shall be at the employee's expense, except for any d Agency contribution allowed for under Section 6A "Cap on Agency Contributions w Towards Medical, Dental,Vision, Supplemental Life Insurance, Deferred Compensation, .. and Long-Term Care". For regular full-time General employees, the Agency provides an optional group deferred compensation plan for all employees, at the employee's expense, except for any Agency contribution allowed for under Section 6A "Cap on agency g Contributions Towards Medical, Dental, Vision, Supplemental Life Insurance, Deferred g Compensation, and Long-Term Care". All and any contributions shall be in accordance U. with law. W U) O Y Employee Assistance Program (EAP): Regular frill "me All Agency employees may seek assistance from the City's Employee Assistance Program (EAP) as long as the City E provides such service. Cap on Agency Contributions Towards Medical,Dental, Vision, Supplemental Life a a Insurance. Deferred Compensation, and Lon Term Care: Effective beginning with a January 1, 2003 insurance premiums, the Agency's per employee contribution for a. Agency provided group PERS medical insurance, dental insurance, vision insurance, ; supplemental life insurance premiums, the employee portion of group deferred °' compensation, retirement service credit, and PERS provided long-tern care premiums, r shall not exceed, in the aggregate, seven hundred seventy-five dollars ($775.00) per d month per regular full-time employee. E r v Subject to Internal Revenue Service ("IRS") and PERS regulations and other applicable rules, an employee may choose how the Agency's contributions are allocated amongst Agency provided group PERS medical insurance, dental insurance, vision insurance, supplemental life insurance, employee paid deferred compensation, retirement service credit, and PERS provided long-term care premiums. PERS medical plan insurance for P:W cM ,xA enda Anaahmen�as ASUChmensS mss-Amerd3011112-Ag 19.1011-Pe eI POGaie s ud Procmlwes for mAEmplo)eet Amendment(sracYing)doa Packet Pg. 254 8 % Agenda the employee may only be discontinued by the employee upon proof of comparable insurance through an alternate source; alternate source medical plan premiums shall be paid for by the employee without any Agency contribution. d V B. BILINGUAL PAY: Each full-time employee, as designated by the Executive u Director and who meets eligibility requirements as developed by the Agency, shall be n`0. compensated at the rate of an additional $25.00 per pay period for each pay period actually ae worked. a m Not more than three (3) employees of the Agency may be designated to receive 0 a. bilingual pay. C 0 C. Full-time regular employees who are authorized to work part-time temporarily for d reasons other than those mandated by law, and as approved by the Executive Director, will be LL allowed benefits based on a pro-rata basis for a period not-to-exceed three (3) months. Pro-rata means that the Agency will pay for allowed benefits based upon the percentage of time the 0 employee actually works provided the employee agrees to pay for the portion not paid by the Agency. At the end of such three (3) month period, determination shall be made by the E Executive Director as to the employee's temporary part-time status. Other temporary, part-time a or hourly employees shall only be eligible to receive those benefits listed above as requited by °w law. m N D. The above benefit programs and contributions levels may be changed from time- g to-time as approved by the Commission. g LL E. In addition to the above, the Agency shall provide unemployment insurance and f� workers' compensation insurance coverage as required by the State of California. w c d E Section 7. VACATION: A. Upon completion of six(6) months of continuous full-time employment with the a Agency, regular full-time employees will be credited with forty (40) hours of vacation. a6 IL Thereafter for the first five(5) years of continuous full-time employment, every regular full-time a employee shall accrue on a monthly basis six and two-thirds (6-2/3) working hours of vacation leave equal to approximately 80 hours per year. N After completion of five (5) years of continuous full-time employment and commencing c as of the sixth (6t ) year through the fifteenth (15th) year, every regular full-time employee shall i accrue on a monthly basis ten(10)hours of vacation leave equal to 120 hours per year. a Notwithstanding the subparagraph above, upon completion of the tenth (10t) year of continuous fill-time employment, regular full-time employees with a hire date of December 31, Q 2001 or earlier ..,.....1... fi•O ii+ne °nipleyees shall be allowed 160 hours of vacation credited monthly for the next twelve (12) months of service. This 160 hours of vacation shall be at the 8 PacketPg. 255 P:IAgendaSAgenda AOxchmems�Agenda AuaahmenlAAgrmu-Amend 3011\12-194011-Pexsemel Po4ciesand Pxocmiurcs fa EDA EmPlo)ew AmeMmem(va<tlog)doa completion of the tenth (10) year, and shall be valid for the eleventh (11th) year only, credited monthly at the rate of thirteen and one-third (13-1/3) hours. Thereafter, through and including the fifteenth (15th) year, vacation will be again calculated at the rate of 120 hours per year, m credited monthly. `mac d After the completion of fifteen (151h) years of continuous full-time employment and 2 commencing as of the sixteenth (16th) year through the twentieth (20th) year, every regular full- ad time employee shall accrue on a monthly basis thirteen and one-third (13-1/3)hours of vacation d leave equal to approximately 160 hours per year. .2 6 IL After the completion of twenty (20) years of continuous full-time employment and c commencing as of the twenty-first(21S)year,every regular full-time employee shall accrue on a c monthly basis sixteen and two-thirds (16-2/3) hours of vacation leave equal to approximately 0 200 hours per year. a B. Accumulated vacation accruals may not exceed three (3) times an employee's E current annual entitlement (for example, 240 hours for an employee with less than five (5) years a continuous full-time employment). Once this three (3) year maximum is reached, all further E accruals will cease. Vacation accrual will recommence after the employee has taken vacation a and the accrued vacation has dropped below the three(3)year maximum. w C. When a scheduled holiday occurs during the vacation of an employee,the nine(9) v hours of holiday pay as allowed for under these policies shall be accrued and paid as holiday hours and shall not be charged as vacation hours for regular full-time employees. g f D. If a full-time regular employee remains in a non-pay status for fifty percent (50%) or more of the total normal work hours of any pay period, vacation credit shall not accrue for the w entire pay period. Authorized vacation, sick leave, holiday or other compensated time off shall S be considered as time worked for the purpose of computing accrued vacation. Employees will not accrue vacation credit during a compensated disability leave resulting from a work related E injury, cri A E. Employees who resign or otherwise leave the service of the Agency shall receive a compensation for the unused portion of their accrued vacation leave at the current rate of pay at n the time of separation. In the case of death, the beneficiary will be paid the unused portion of a any employee's accrued vacation leave. Payment of accrued vacation leave upon termination shall be based upon the hourly rates calculated upon two thousand eighty (2,080) hours per year of pay at the salary step of such employee as of the date of termination. C F. Employees shall have the option of receiving payment at their regular rate of pay E for forty (40) hours for their vacation time once each fiscal year, provided that they have accumulated a minimum of one hundred twenty(120)hours of vacation credits, a G. Vacation credit may not be taken without prior approval of an employee's Qsupervisor. Part-time and temporary employees are not eligible to earn paid vacation credit. j n P.UgendasUgenda AUaaAmeo�sUgcnda AUacWucrosUgcmts-Amend Mll11b19d011-Pe 9 1POlkies and Procee.WmforEDAEmpbym AmeMmeN(uedueg).das Packet Pg. 256 i Section 8. SICK LEAVE: w m A. Upon completion of six (6) months of continuous full-time employment with the v Agency, regular full-time employees will be credited with forty-eight (48) hours of sick leave. Thereafter, sick leave will accrue at the rate of four(4) hours per pay period, or eight (8) hours 2 per month, for all regular full-time employees. If regular full-time employees remain in a non- ,a pay status for fifty percent(50%) or more of the total normal work hours in the pay period, sick W leave credit will not be earned for the entire pay period, Part-time and temporary employees are .2 not eligible to earn and accrue paid sick leave. Accrued and unused sick leave may carry-over 0.0 from year to year without maximum. 73 C 0 Authorized vacation, sick leave, holiday or other compensated time off shall be m considered as time worked for the purpose of computing accrued sick leave. Employees shall a. not accrue sick leave during the period of compensated disability leave resulting from a work- related injury. E V C B. Sick leave means the absence from duty of employees because or illness or injury, E exposure to contagious diseases, or attendance upon a member of his or her immediate family a who is seriously ill. Members of an immediate family are considered to be employee's spouse, w grandmother, grandfather, grandchildren, mother, father, sister, brother, son, daughter, mother- in-law,father-in-law, sister-in-law,brother-in-law, son-in-law and daughter-in-law. a Sick leave shall not be considered as a discretionary employee's right, and will be g allowed only in the case of actual necessity resulting fiom personal sickness, disability, attendance to an immediate family member, or as otherwise provided in this Article. Whenever U. an employee uses all allowable sick leave, further absences may be charged against accrued u�i vacation or other compensated leave at the discretion of the Executive Director. Only upon the .2 approval of the Executive Director,may the employee elect to take a loss of pay rather than other c compensated time off for illness. E 0 v C. All eligible employees who are compelled to be absent from work due to illness a or injury, other than that caused by or resulting from their own illegal actions, shall be entitled to n receive full compensation for each day of accrued sick leave used. A day, as referred to herein, a shall mean a normal eight(8),nine(9)or ten(10)hour work day period as applicable. D. At such time as the employee completes the first(P)year of regular employment, N he or she may exercise the following: C c At the end of any fiscal year, an employee who has not used more than twenty-four (24) E0 hours of sick leave (either sick or personal leave charged against sick leave), may request that °m eight(8)hours of credit be applied to the employee's vacation or sick leave. The eight(8) hours a of credit will not be subtracted from the employee's sick leave accrual, but shall add to the appropriate leave category. Once an option is selected, it cannot be changed at a later time during the calendar year. Other forms of leave, such as administrative leave or vacation leave, I P.b4,ndasUgrnda Attechmenls\4cnda AttaehmeniskA mts-Amead20ll\12.193011-Per l ll Polidesasd Pwa &mfu EDAEmployees Ameedm enl(tucking).dm 8.A.a i may not be used in lieu of sick leave in order to avoid the use of sick leave and thus cam the eight(8)hours of credit. N i E. Employees are required to provide a verification from a licensed health care provider for any absence due to illness or disability in excess of two (2) working days (required d upon the third consecutive day of absence); in cases of documented excessive sick leave use, 0 verification from a licensed health care provider may be required for less than three (3) consecutive days of absence at the discretion of the Executive Director. Sick pay may be withheld if a satisfactory verification is not received. v 0 F. Payment for Unused Sick Leave Upon Separation From Employment: a d c c Management and Confidential Unit, Upon termination of employment for any reason °w other than proven unlawful activity, upon retirement, or death, the Agency shall pay to a regular full-time Management and Confidential Unit employees, or to their estate, one- hundred percent (100%) of their accrued, unused sick leave at the employee's current d hourly rate of pay at separation. There is no cap of accumulated hours to be paid or v minimum service year requirement. The accrual of sick leave will be unlimited with no maximum allowance and shall be paid at the employee's current hourly rate of pay. Q a Mid-Managers Unit: Upon termination of employment for any reason other than proven °w unlawful activity, upon retirement, or death, a regular full-time Mid-Management Unit N employee, with up to and including fourteen (14) years of service, the Agency shall pay to the regular full-time employee, or to their estate, fifty percent (50%) of their accrued, ` unused sick leave at the employee's current hourly rate of pay at separation. After g fourteen(14)years of Agency service,the Agency shall pay one-hundred percent(100%) a of their accrued, unused sick leave to the regular full-time employee, or their estate, at It their current hourly rate of pay at separation. There is no cap of accumulated hours to be rn Y paid. Y c d General Unit. Upon termination of employment for any reason other than proven r unlawful activity, upon retirement, or death, after five (5) years of Agency service, the Agency shall pay to regular full-time General Unit members, or to their estate, fifty a percent (50%) of their accrued, unused sick leave at the employee's current hourly rate of a ee pay at separation. There is no cap of accumulated hours to be paid. a Section 9. FAMILY CARE-AND/OR MEDICAL LEAVE (FLMA): A Please refer to City of San Bernardino's current Family Medical Leave Form/Rights. w c m E v Te he eligible for family , andler a 1 leave, an empleyee must �verleed-fe' le. a aim 1, l,a+ 1 1ti twelve o nm ;.enth° a:.,,, .a © .. c.� , and i�j, aye-wo ed-r:r-,ea:;t 1 50 1 ours (12) . �cedinb the lea�re: P.\AgeMssUyads Anahmenls%ApM.Alwc eaMgrmisdmed 2011\12-19401 I.Pcmo l Policies and Pracvd es ror EUA Employes Amtrdmed(mekinq)do.< Packet Pg. 258 l;. Permissible Uses of Family Care and Medieal•Leave- "Family care lease" may be . esied feri /1\ the birth or adepiinp; F W N ee.aait:an of Ei _ la e'° ehil.t ..P. ev pa ..t 't el4i A }eat e" tttarbe red 3esled €er an � ,ae �.o d employee's a n O in pati P1�ffi; et U U Cc -Su stitetlen of Paid-beave for Family e and-Medie,.,Leave IL d Employees ;sebstitute aeorued N,aeatieii time and siek leaw C AF all family eaFe O , 1 ..mss.. d IL l;'. r4»teutt�a€�.eaixe m E Preat,ided all the eanditions of this flefley are met, an employee may take v c Makilntlm of fuc 1.,° /12\ weeks F family c «.U.... « ,1' 1 leave II' twelve /121) E mnmth p a d 1 1 ..,t.. F.-„ , the ate a . 1 1 Q r Q G W CO The substitution ef paid leave fef family eare of medieal leave does jiat extend the tetal dwation of family eme and medieal leaN,@ to whieh an employee is entitle !0 beyond t%wlv (12) weeks in a twelve / 2\ month at, °a n, example, if an employee . aeartied four mi weeks C A Y 1 the time of the request fer- C mil y eare - A/ . - .J]_. l leave that paid vaeation time may be substituted fef the fifst four (4) As of we ffiffii4y eare an' ffiedieal g leave, b !' eight (8) additional A,ee!ES Of Unpaid leaVe. LL K N Family eare leave taken F.the 1b',4d. adeptien .fester eaFe plaeenient F a 1 'I 1 generally must be takefi in Weeks ef at least twe (2) weeks' duration; hewewr, the Ageney will pi-evide empleyeas wkh family care leave for birth, adoption, or fiesteF elai-a plaeament fbi: less y d than twe (2) weeks' duration en fmy 4we (2) oceagions. Family eare leaves for !be E adeption or fester eat-e phteenient ef a child must be eeneluded within one (I) year of(lie bifth, , O IL ad IL Family eare or medietil leave for the ampleyee's own serious health fer the sei-ieus health condkien ef the employee's spouse, parent, ar ehild, may be taken . a ntermiitto l or on a. »_� when nmedieelly neeessary. if lea, w�l °� i,°a..1° 1 1 aau..avx�ci to g—tgl(�}} � fir,. at..«N. E171,e ..e�:.'..1.::1° :�:.°. A .�.a 1 a:° °N t„ t. ..1., N.., N e, .b: a n.r-caz�a empleyee temporarily to an altemative pesifien sAith equivalent pay and w , vkieh bettef C t v ls, boas a Mfee"n-Piw Q lixeeP.-to 11he-ex, Itt-tlta-i-e � jeave, 12 PacketPg.259 P:\AgerduUeeoda ABUhmeNSUgerda AtLLChmenb\Agmts-.Lvcod 3011\13-193011-Personnel Polities and Praeaiures for EDA Employees Ameedment(tre<A'ng).doa F. 1 eaa cmaat An ua«afits During employee's f .'I„ a«d/e,.«,ed:eal leave, F «, r up to a a„iu„u, ,-E) y twel,,,e (12) weeks in a twelve (12) month peried, the Ageney sha4 eefftinue to pay fer the employee's paFtieipfftien in the Agenoy's gi;sitp health d N ' , V tiager the same teans and eanditions as would apply had the empleyee not taken leave. O a 06 P 1 e, en C mil„eare or medieel leave aee„,.e e«,«la,n«e«t belief:ry suel, as N siak V a N,aeatiaii benefits, or seniority enly whea paid leave is being sub�ttlted fbi- tillp- leffi,e and only if the e«,.,Iayee ,«a,.ld ..aheu•Aise he vu,titled Ir, ..well aee"t air a° d t:: C bT D ] f D t' T '1 !' 1/ A.T 1• 1 T a H`1 eauesne m an - am c tD E E"loyees should etin the Agency of the request f..family medical � leave as as they are e«eo°x the ,ead faf sHek leave. ref r bl emf3 i# E possible, the employee must provide thirty (30) ealeadap days' advance notice to th Q 9exey of the for I l For e ware that a «r feseeehl p need mare =_:; eav . W thh.t,. /30 days in ad..a«ea h,ut are not e.,,e..veneiea the enapla,.ea .,,,,et .,e:;fy the .. leave, co ei-dinarmily n( later- than two C%l /7\ e.l.:..g days eRer the employee lee,.„a „F the need- Fa.• the lee..e if the lee..o : rme"esied ift eerie with a planned « e e „ed: el t,•eet�it the e.,, leyee may � • � aaii,v/ he steel t., eheduule the treatment to minimize d: .,tie of th � AA gene, business. .LL,,. N If tha leye fails to provide the ....:site thii4y /9 f1\ da,, ad,.a«ee «.,rive F.• M fermeseeable events without any nasemoble emeuses for the azxro--onxpxo��c.. ....... ,,, provide ,........1...,,«.. ,.....J �..,.i _..J ,._.....__ .__�"__ __. N > Ageney ® C right to Elelay the taking of the leave until at least thirty (30) days aRerm the (late the d E eoTly, ee n..ayides native of the.peed for family ea.•e and/es .,,edieal leave V A All ests for family eai-e or „edieal leave should «elude the antieipated Q date(s) and duration of the leave. Any request form mtevisien ef family eare arm medieal ad a a Al-st ht., I-ppeivpmd at 1paqt five (5) wor4dng days beforme the date on whieh the IL employee was ormiginally salieduled io return to work and must itlelude the revised a an6ei«etea date/e\ and a.. atisa .,fth., leMil,r eal'e OF jlleaieel leave r N 1 i. M' edieni Cortifieatlon C E Any t form«,edieal lee,ue fit�' o, ( health ee«ditien 0 f9r ehild a .•nt- atn-aev VF 1q� Q (mist he su.«.,e.ted by medical --e-eirea.:,,n rap,, e health earepleN,ide« Ile.• f)„•esee.,hle leaves ale, e •st-=pfaN4de the , va ea:eel ertifenri.,« before the leafae ® en, es ,,. possible, .v. «, e :thin f:aeen /1e\ a le.,aau. days after the A„ene, to eat F.. ee..tif:eetien ,nless :t : ;:a :.—r:b�a.r=jam rev.. a . P.AgendulABenda AVachmea %Ageade Ntachmems%ApmtsA ecd1011\I2-19-1011-Pe 131 PolicinaAPromducesfor EDAEmplalees Meadmeet(tml*)dwz not praetieable under eii-silifla-gf-Rnees to do so, despite the employee's good fWth effbft. Failure to provide the required niedieal eei4ifieat.ea may result iii (lie denial of fefeseeable leaves mitil stieli eet-fifleation is provided. I... (1.— —1— ef tiefefeseeabli-3 0 leaws, failtire to pfavide the reEptif-ed medieal eertifieatien within fifteen (15) days a being requested to do -,E) may fesiilt in a denial of the w+Vleyee's eantinued leave. Any 00 0 IL ad Pokey and a istent with a"li able law. y N 'u The medal eertineatien to ease for am''''ar,spouse,or par-eat".:a' a serious a d eemineaeed; pfebAle dufatien efthe ; the health eafe prevideA o estimate of the amoun! of time needed fer&mily ear-e; (d)ihn hPalth pFOvj(jpr,.q eare 0 d a c laedieally neeessnky,the pr-abable t:,.., of sueh a sehed le. E a c The Medieai eertifie,t:en feF leave for the employee's ,.e.:,..... health E owit Q (b)4he probable dwatien ef the eondition; (a) a sia4emea4 that, dtie te the serious health, Q W eandifien, the employee is unable to perform the Ainefiens of his ef her ; 00 the ease erFedueedwheduled leave where medioally neeessafy, the- N addition, the ee0ification may, a4 (lie employee's option, identify the nature of the serietis health eandition invelved. ifthe Ageiiey has reason to doubt the validity v 5 f the LL_ w U) .7 t hifd (lie A O c°.likiii^oii do ki"nx agree,the�.f�TenP„-'�—ll3aji'eElUkFe a-trm'cr6}7}iiior�a156---Ekt�g^eH9�9 �. .y. expense,perfenned by a intitually agreeable Elootor who will make a final detennifiatieft. Befbre c permitting the empleyee to fe4ufti te Nvedi, theAgene), also niti), require flie employee to pr-eNida m „A: .,I e•4ifiemi that he ..he .,h1.. to ..t.. to .. L R C1 al H. Leave''s-Eftepf on--Reinstatement a ad IL Employees ..et...,,:ag c„e.,, a... it y e,...e e,. .meths,l leave are enthlea to d r-einstatement to the same or-eompm�able position eansistent with applieable law. r rn , N r r C d E Section 10. PREGNANCY-RELATED DISABILITY LEAVE OR TRANSFER: x A. Elieibility and Duration Q 1. Leave of Absence 14 P, edasU mdaAttA,bmentslA endsAlticu ents A� s Amee2011112-194011-P wml Packet Pg. 261 POlides and Peottedums for MA Emp:oPees Merriment(tnoNne)decx Any employee who -is-disabled-on-account-of-pregnancy, childbirth,or related conditions may take a pregnancy-related disability leave for the period of actual disability of up to four (4) months, in addition to any family care or medical leave to which the d employee may be entitled under the Agency's Family Medical Leave policy based upon a medical certification from their health care provider.- Pregnancy-related disability leaves may be taken intermittently, or on a reduced-hours schedule, as a`o medically necessary. ae ) 2. Temporary Transfer Before Childbirth .2 0 CL Any employee affected by pregnancy is entitled to transfer temporarily to a less c strenuous or hazardous position or to less strenuous or hazardous duties if the transfer is `o medically necessary and the transfer can be reasonable accommodated, based upon a v medical certification from their health care provider. a C B. Substitution of Paid Leave for Pregnancy-Related Disability Leave m E v c An employee taking pregnancy-related disability leave may-substitute-any available sick E pay or any accrued vacation time for her leave. The substitution of paid leave for pregnancy- a related disability leave does not extend the total duration of the leave to which an employee is w entitled. •. C. Other Terms and Conditions of Leave The provisions of the Eex3pan5y -Agency's Family—fat-a-and-Medical-Leave-policy g regarding the leave's effect of pay, medical certification requirements and reinstatement also g apply to all pregnancy-related disability leaves. However, for pregnancy-related disabilities, LL there is no pfeeess requirement for obtaining more than one(1)medical opinion. w 0 Section 11. PERSONAL LEAVE: c m E Personal leave up to a maximum of twenty-four (24) hours per calendar year may be utilized when approved by the employee's supervisor and shall be charged to the employee's accrued sick leave based upon an accrued sick leave balance to cover such usage. Personal leave a shall not accumulate or carry over from one(1)calendar year to any succeeding calendar year. a a Section 12. BEREAVEMENT LEAVE: 01 Upon the death of a member of the employee's immediate family, (as defined in sick leave), up to forty (40) hours of bereavement leave with pay per calendar year shall be allowed when the employee has an equivalent number of sick hours accrued. The total number of hours E approved shall be based upon all circumstances made known to the employee's supervisor prior to the taking of such leave. Bereavement leave shall be charged to available sick leave and shall a not accumulate from calendar year to calendar year. Section 13. JURY DUTY: P.1AgedaslAgendaA achnaemssAgtMa. nhwntOAgmts-Amerd]011U1.19.E011m Peno el Poliaieseod Paaeedmsfm EDAEmp!oycesA tadmem(uacbng).do. iOr A. All full-time employees who are required to serve as a trial juror, as an inquest juror, or have received a work related subpoena to testify or give a deposition in a court or in the course of an investigation shall be entitled to provide such service without loss of pay. This provision shall apply during the period of time in which the employee must be present in court or in the jury room as a result of such jury service. This provision is not applicable to grand jury service. ° a ad B. Employees must provide reasonable advance notice of any need for such leave, d pursuant to the Agency's standard procedure for requesting leaves. Every employee shall receive his/her regular pay while serving on jury duty, provided that all jury fees paid to such n° employee,less automobile expense allowed, shall have been remitted to the Agency. Employees shall request payment if not automatically provided. c w Section 14. MILITARY LEAVE: a Y C A. All employees required to serve in the National Guard or any reserve unit of the E armed forces of the United States will be granted leave according to the provisions of the California Military and Veterans Code Section 395,et§M. or any other applicable law governing E such service. In accordance with the policies of the armed forces to cooperate with employers, the Agency requires reasonable advance notice of any proposed absence due to military duty, w except in extraordinary circumstances. If any part of this Policy regarding Military Leave is in conflict with any applicable laws in effect at the time of the leave, the applicable laws shall take CO precedence. B. Every employee on temporary military leave of absence, provided that the period of ordered duty does not exceed 180 calendar days, and who has been in the service of the Agency for a period of not less than one (1) year immediately prior to the day in which said absence begins, shall be entitled to receive his/her salary for the first thirty (30)calendar days of 8 any such absence in any one (1) calendar year. All other benefits paid by the Agency will c continue for up to 180 days. d E r v C. Employees returning to the Agency within the specified time, and who have been f° honorably discharged from the military service, shall be reinstated to their former position a without loss of status or seniority,provided they are not physically or mentally incapacitated as a °s n result of the performance of military duties. a Section 15. OTHER LEAVES OF ABSENCE: N r A. Leave of absence without pay constitutes a temporary non-pay status from full- m time employment. Upon request of the employee and the recommendation of the employee's E supervisor, a leave of absence without pay may be granted by the Executive Director for a period not to exceed three (3) months. Examples of when a leave of absence without pay may be granted are: 1. Employees who are temporarily mentally or physically unable to perform �,. their duties; I 16 P.\n cndast eMa AUach ce Nt eMa AttachmentsU 1 �� Packet Pg. 263 g !; g gmits-Amud 1011\ILIA2011-Pers000el Policies aid ProceNwes farE�A beesMmdmeat uadi dote 2. Military leave when the employee has less than one (1) year of service in the Agency; 3. For an employee who is a disabled veteran requiring medical treatment; d 0 a 4. To retain an otherwise desirable employee; ro N d B. Employees who enter the armed forces of the United States during war or national .2 emergency as declared by the President or the Congress of the United States are entitled to a �° leave of absence without pay during the time of such service and for a period of ninety(90) days thereafter. All employees returning to the Agency within the time herein specified, and who c have been honorably discharged from such service shall be reinstated without loss of status of 2 seniority, provided they are not physically or mentally incapacitated from performing the duties a of said office or position. E C. The Agency's contribution towards an employee's benefits will continue after an m employee is on a leave without pay status on a pro-rata basis as stated within this Policy, or as E required by any applicable law (i.e., when on family leave or medical leave). Upon an employee's return to full-time work,the Agency's contribution towards benefits will continue. w Go D. Notwithstanding any other provisions of this section to the contrary, the Agency will continue its contribution for benefits of an employee on leave of absence due to any injury or illness arising out of and in the course of his/her employment with the Agency as stated in this g Policy or by any applicable laws. LL Ir E. An approved leave of absence without pay for less than sixty (60) days in any 0 calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall w result in the advancement of the employee's anniversary date and compensation advancement c date to such date as will account for the total period of uncompensated time off. Leave of E absence without pay under any laws that contradict this will not apply under this provision, e.g. pregnancy disability leave, or if the employee is working part-time. Failure to return to work at a the expiration of the approved leave of absence without pay shall constitute an abandonment of a the position and shall be processed as such. a IL Section 16. INJURY LEAVE (WORKERS' COMPENSATION): r Full-time employees who sustain an injury in the course and scope of their employment with the Agency shall receive the equivalent of 100% of their normal salary or wages (including d disability payments)for the fast three(3) working days of their absence due to injury. Effective E upon the fourth(4a') working day of necessary absence, employees may utilize their accumulated leave to augment the amount of disability compensation received. Compensation shall be a provided in accordance with the Workers' Compensation and Insurance and Safety Act of California. Leave may be utilized to the extent that the total sum received when added to ® workers' compensation disability payments will result in a payment equal to the employee's i 17 Packet Pg. 264 P:WgeidasUberda AuxhmentslABeMe AnacbmmnaAgmes AmeM 1011 112-19-2011-Pmsomrol Polkin and Prouedmn for FDA Em IoPOes Meodmeat(naelieg)doer S.A.a regular and normal compensation, but not to exceed the take-home pay of the employee's last full paycheck. N O) The utilization of leave for this purpose shall end with the termination of the temporary disability or when accumulated leave has been exhausted,whichever occurs first. 0 a- Section 17. PAID HOLIDAYS: 06 N 07 A. All full-time employees shall be entitled up to nine (9) accrued and/or paid hours .2 for each of the following holidays: �0 d Holiday Observance c N New Year's Day January la a Martin Luther King,Jr. Birthday Third Monday in January President's Day Third Monday in February E Memorial Day Last Monday in May Independence Day July 4th E Labor Day First Monday in September a Veteran's Day November I Ith w Thanksgiving Day Fourth Thursday in November Friday After Thanksgiving Day Friday after Thanksgiving v Christmas Eve December 24th Christmas Day December 25th a New Year's Eve December 31St Two Floating Holidays As Approved by Management W In When a holiday occurs on Saturday, the preceding Friday shall be observed. When a 0 holiday occurs on Sunday, the following Monday shall be observed. When Christmas Day and New Years Day fall on Saturday, then the following Monday, or a day the Commission deems, E will be observed as a holiday (due to Friday being a holiday for Christmas Eve and New Years Eve). G a Floating holidays shall be taken during the calendar year in which they accrue, but may a be taken only upon the prior written approval of the employee's supervisor. Floating holidays 0. may not be carried over to the next calendar year. V B. All employees shall be allowed the holidays specified above at full pay (up to 9 hours) when such holiday occurs within the regular assigned working period, and provided that the employee is not on an approved leave of absence without pay or was not otherwise absent r without approval for the working day either immediately preceding or succeeding the holiday. If any employee is on a 4/10 work week, or other schedule that dictates a regular work day longer a than nine (9) hours, the employee will be required to use an appropriate leave category for any hours taken off in excess of nine(9)hours. If it becomes necessary for any employee to work on any of the above-designated holidays, any time worked during said holiday shall be compensated in accordance with the overtime policies. 18 PacketPg. 265 P:UgcMaslAgeMa AUa<hmenlstAgenda NiachmemsUgmis-Amend 7011111-19.7011-Persomel Policies end Praredwn forEDA Emplgtrs Ameedmevt(IwcAing)da� C. Whenever the City of San Bernardino, City Council, declares that City Hall will be closed for the period between the Christmas and New Years Day holidays, the Executive d Director will be allowed to close the Agency or portions thereof for the same period, providing 9 that Agency operations allow for such closing. Holidays may be adjusted to coincide with the days of closure. a oe Section 18 Fair Labor Standard's Act (FLSA) OVERTIME PAY AND m COMPENSATORY TIME OFF: o a A. "Overtime Work" shall mean the aggregate service performed by an employee in c excess of eighty (80) hours in a two (2) week period for full-time employees. No General Unit `o employee may work overtime without the express prior approval their supervisor and of the d Executive Director. o. B. Management shall have the right to schedule flexible working hours for those E employees who are required to attend meetings or perform other overtime work on an ongoing d basis in order to maximize Agency resources. E E. These—employee 's—allowed"r1dministtative Time OOP' in o°n,et! to a compensate for aveFfime wer4ed are net autherized oi,ei4ime pay, and the), me not allowed to 0 W C. All forty (40) hour/week FLSA exempt employees in lieu of monetary v compensation shall be assigned "Administrative Time Off'. Management Unit employees shall receive eighty (80)hours of Administrative time off each calendar year, which cannot be carried g over to the next calendar year. Confidential Unit employees shall receive fifty-six (56) hours of Administrative time off each calendar year, which cannot be carried over to the next calendar year. Mid-management Unit employees receive forty (40)hours of Administrative time off each y calendar year, which cannot be carried over to the next calendar year. Prior approval must be 3 obtained to use Administrative time. 0 E Section 19. USE OF PERSONAL VEHICLES AND TRAVEL COMPENSATION: A. The Executive Director may require any employee to provide his/her own insured a vehicle to conduct Agency business. A Management Unity employee required to provide his/her a own insured vehicle incident to conducting Agency business may receive either mileage a reimbursement or a salary allowance for automobile usage, but not both. Employees required to provide his/her own insured vehicle incident to conducting Agency business will receive mileage N reimbursement. The rate of reimbursement will be the same as the amount authorized by the federal tax codes. A copy of the employee's valid driver's license is required to be on file in the m Agency's office. E v m B. Reimbursement for mileage for the use of private automobiles on Agency a business shall be provided in accordance with approved Agency policy. Reimbursement for travel costs and attendance of conferences by Agency employees during working hours shall be j in accordance with approved Agency policies. 19 Packet Pg. 266 P:UgeMasUgcMa Muhmen%14 de MxhmensslA�I, ,M 401AMI9-201 I.P..IPolicies W Psowd.,fmFDA Emple,sxs Amendmeos(vaaA'ng)dac Section 20. CONFLICT OF IN'T'EREST: A. All employees who, in the course of their duties, are required to participate in the m formulation of or to approve plans or policies for a Redevelopment Project Area must sign a 2 "Condition of Employment"form agreeing that they will not acquire any interest in any property included within a Redevelopment Project Area unless otherwise permitted pursuant to California 2 CL Health and Safety Code Section 33130. ad w d .2 All employees must submit a written disclosure of any interest they might have within a 0 Redevelopment Project Area to the Agency and the City Council and such disclosure shall be entered into the minutes of the Agency and the City Council, pursuant to California Health and `o Safety Code section 33130,at the time of their employment with the Agency. 0 IL All employees must additionally agree that they shall not become involved as an owner, partner,participant,joint venturer,employee or otherwise, and agree not to enter into any contact E or agreement in connection with any development project or property included, planned to be c included or proposed to be included in any type of development project under the jurisdiction of E the Agency during the period of their employment, unless the employee has owned an interest a substantially equal to that being acquired, for three(3) years immediately preceding the selection w of the Project Area pursuant to California Health and Safety Code Section 33130(b). CO CM Disclosure is also required, by all designated employees, in accordance with the conflict of interest code adopted by the Commission and amended from time to time. These policies are not all-inclusive of possible conflicts. Employees unsure as to whether a certain transaction, activity or relationship constitutes a conflict of interest should discuss it with their supervisor or the Executive Director for clarification. w 0 M B. Any Agency employee who holds a California real estate broker's or salesperson's license shall not engage in any real estate brokerage or sales activities within the E City of San Bernardino during the term of his or her employment with the Agency. An exception can be made when the employee is purchasing or selling property for his/her personal a or family account. Family shall mean husband, wife, grandmother, grandfather, mother, father, a sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in- d law,or daughter-in-law. a C. To avoid potential conflicts of interest, employees are required to disclose all outside employment to the Executive Director prior to accepting outside employment. c Section 21. POLICY AGAINST UNLAWFUL HARASSMENT: E r 0 Please refer to Citv of San Bernardino's current Policy on Non- a DiscriminationNVorkplace I larassnrent. The A x.f-I•,•J,TCCCriv_pr— iding--a--N%Fk la ffee of sexual harassment ( 1 1 —riz�r,�^c^i�8-'j'-'r.",-8c^irrci.. O ••Lm.-rcedes 11,r1-8.94'r'.ent-based an gendef, pfegn ney, hildb7.4d. or ;e,,Int@d insd ...... e...;l dit.w ) W4 as 1IRMS9111eRt based oil q-101 fileters as e P,WAst ssNAgeMi ARubmemsWgend a,4lachmmis%Ag lr mend2011\12.19.2011-Pers20 ei Policime Psseeedwn(or EDAEmployeesA em ene(smcing)da he w m Agene.,has a .. ":ne""> "e "> a professional relationship y C7 O a eD w 0 0 c c 0 IL jekes, statements, gestures, piettifes, ling an employee's seii, raee, eolefj national origin, religion, age, physieal disabijitj', Ilmlefital dif;abilit)', Medi0al efflditiffll, allOeS(F)', r m marital "tat,." sexual orientation, r..,:1..ear-e leave "t"..." or ete status v m E Q W c0 N a g is the individual...1.,. is hatmassing the ..(.. 0 pranVtly. in w addition, c O"peraling iii an investigation ep far- making good faith eonaplaint about a N'islation of tll;,q m E peliey. r lin'stinn of*I is Polio), Against Unlawfid litiffissinent will result in diseipline, rangiii m m Q a a a oy in addition to nefi6iiig the Ageney or the apprepriate designated offieial about he.•e""..,e„t of fetaliatie.l ee.,..J. int., affected .,. employees may ay also direet the:.• ee..plaint” to the r CHlt 9trria._De jartine.,e of n":., Egnple. ..,e..t ., d l4 .e:.... ("DFE14")> ..,l.:eh has the e..tho •t., to c m eenduet—ln4'estigatiens. You ean enteet the ^ear:"t DFM o(flee at the loe..tions listed in the E y direetor . a Section 22. DRUG FREE WORKPLACE: 21 Packet Pg. 268 P.NgeMasUgenda Anxcfimmts\ASads AlsecFmentsUgnnss-AmeM]01111219-]011-Pews lPobciese P.ocadmes We FDAEmloyccs Ameodmcot(twEo4).dax A. It is the policy of the Commission to maintain a drug-free workplace. Sale, possession or use of illegal drugs in the workplace or on working time is prohibited. Any employee who becomes aware of any violations of this policy should immediately report them to his or her supervisor, manager or Executive Director. Any employee who violates this policy a shall be subject to disciplinary action up to and including dismissal. "u 0 B. In addition, any employee who is convicted under any criminal drug statute for a violation occurring in the workplace or during any Agency-related activity or event is required to notify the Executive Director no later than five (5) days after such conviction. Any employee who violates these requirements shall be subject to disciplinary action up to and including dismissal. d C c O C. Drug abuse in the workplace may lead to serious safety concerns for the abuser, L fellow employees, and the general public being served by the abuser. Specifically, drug users a may be causing irreparable damage to their bodies, which can lead to serious illness and even death; and endangering the lives and property of others because of their impaired mental and E physical condition. E D. An Employee Assistance Program is available to provide comprehensive ¢ employee assistance and counseling services to all Agency employees. The City program as w outlined under Benefits is designed to help employees and their family members find direction in solving personal or emotional problems, including drug and alcohol abuse. All employees are a encouraged to utilize this program when faced with such personal problems. Unless otherwise requested by the employee, all services provided by the Employee Assistance Program are g strictly confidential and will not be disclosed to the Agency staff or management. LL E. Nothing in this guideline is intended to diminish the Agency's commitment to w comply and reasonably accommodate qualified disabled individuals. The Agency will w reasonably accommodate qualified disabled employees who must take legal drugs because of their disability. E L V Section 23. GRIEVANCES: a A grievance is an alleged violation of the terms of the Personnel Policies. The following a procedure is the exclusive remedy for resolving grievances. n A. Step One: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and his/her direct supervisor. Verbal presentation of the grievance shall be made within five (5) working days after the employee knew or reasonably should have known of the occurrence giving rise to the grievance. The t supervisor shall respond to the grievance within five(5)working days of its presentation, B. Step Two: If the grievance is not resolved within five (5) working days of its ¢ initial presentation under Step One, the aggrieved party may file a written appeal with the Q Executive Director within the next five (5) working days, setting forth the basis for the grievance. The Executive Director or designee shall meet with the employee, within ten (10) I 22 PacketPg. 26 P:\AgcvdasNgcoda AttacM1menls\Aeeda Am<hmeess+ApmmAmeM YOI IUIdAf011-Pemmwl Polidea erA Prxeedwa fw EDA Emplo,zcs Amcndmmt pra<Ain�)daa 1 working days after receipt of the appeal and shall deliver his/her answer, in writing, to the employee within ten (10) working days after the meeting. The decision of the Executive Director shall be final and binding. Section 24. DISCIPLINARY ACTION: 0 A. It is intended that discipline be imposed primarily for corrective purposes and to 0 address deficiencies in work performance. It is recognized,however,that certain infractions may m warrant immediate dismissal without first resorting to lesser forms of discipline, in the exclusive v discretion of the Chairperson. Failure of the employee to respond to the corrective action may —a° also result in further disciplinary action up to and including termination. The following is a d nonexclusive list of the more common causes for disciplinary action or termination: 0 a. Action contrary to these Personnel Policies or other rules of the Agency. a b. Inefficiency or incompetence. E v c C. Willful disobedience or insubordination. E a d. Dishonesty. o w e. Violation of the Agency's drug and alcohol policies. f. Possession and/or use of a firearm or other weapon on Agency premises, g in an Agency vehicle,or while engaged in Agency business. LL g. Disorderly,immoral or illegal conduct. w 0 h. Discourteous treatment of the public or fellow employees, c d i. Conviction of a felony, to x j. Absence without leave for three (3) or more working days, or lack of a notification each day of absence. a a. k. Neglect of duty. C6 1. Action incompatible with,or not in the best interest of,public service. C m. Failure to follow safe working practices or failure to report promptly any E injury. n. Excessive sick leave use. a B. Nothing in the foregoing paragraph shall limit or restrict the Agency's policy of at-will employment. Therefore, the Chairperson may discharge, demote, or discipline any I P.UgendasUgeWa AnachmemSAgeMaA nachmentsUgmts Amnd2011\12-142011-Per>231PolicioMPratttdwesfor EDAEmploltesAmtmment(IncEna)docz Paeket Pg. 270 `"— employee without cause, without prior notice, and/or without prior resort to progressive discipline,as explained in Section 2,commencing on page 2 of these Policies. M Section 25. LAYOFFS AND REDUCTION IN FORCE: V d A. The Agency's activities are dependent upon various funding sources and changing o developmental needs, some or all of which may from time-to-time be terminated or reduced a without advance notice. In the event of a reduction in anticipated income or a change in d emphasis requiring a reduced staffing level in one (1) or more existing activities, or any other •D reason considered as justifying a reduction in force,the Chairperson of the Commission, with the a approval of the Commission, shall have the authority to effect a reduction-in-force. r c B. In the event of a layoff or reduction in staff, the Executive Director shall provide at least two (2) weeks' advance written notice to the employee or employees to be affected a thereby, or equivalent notice of any demotion necessitated by a layoff or reduction in staff. Z Should an immediate layoff without advance notice be required, the employee shall receive two E (2)weeks' severance pay in lieu of notice. c d Section 26. RESIGNATION: a 0 An employee who desires to terminate employment with the Agency may submit a w written, signed resignation to their immediate supervisor prior to the intended resignation date. COMO Before termination, the employee is required to fill out the appropriate Agency termination of employment forms and return all equipment, keys, identification cards and any other Agency g property. LL_ Section 27. TUITION REIMBURSEMENT POLICY: W O r Because of the desire to encourage employees to further their education and work related .w training, the Agency may reimburse fall-time employees for educational tuition and related E course book expenditures after successful completion of the required course work. All courses must be approved in advance, in accordance with Agency procedures. All reimbursements for x tuition will be based upon and will not exceed the current tuition rates per unit at California State Q University San Bernardino at the time the course is taken. a IL Management and Confidential Unit. All participants shall be reimbursed 100% for selected tuition costs and text books for previously approved job related courses, which will r' increase the value of the employee to the Agency,provided that the employee achieves a passing A grade of`B"or better. c N E Mid-Managers Unit. When an employee is required by the Agency to attend a particular course or seminar,the expense shall be borne entirely by the Agency. a Reimbursement for all other courses will be for the cost of tuition or registration fees and the required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. i P:\ggendssUgeais Anarhmeots\,lgeeds.UlacAmentSAgmrmAmeM 1011\n-195011-Pcrconn�l Policies and Proceedures(ar FDA Employees AmeMment(Ir=in,).docs Packet Pg. 27 Costs for required text are eligible for 100%reimbursement. H Tuition or registration cost of fifty dollars ($50.00) or less are eligible for 100% reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eligible for 75% d reimbursement based upon the California State University San Bernardino per unit rates with o proof of a passing grade of"C"or better. a An employee who desires to seek tuition reimbursement under the provisions of this N section must complete an Educational Reimbursement Form, and submit it to his or her immediate supervisor for advance approval. a m General Unit. When an employee is required by the Executive Director to attend a r- particular course or seminar,the expense shall be borne entirely by the Agency. °� a, a Reimbursement for all other courses will be for the cost of tuition or registration fees and the required texts and related materials for each course. Additional expenses such as meals and parking fees are not reimbursable. d Costs for required texts are eligible for 100%reimbursement. 0 Tuition or registration costs of fifty dollars ($50.00) or less are eligible for 100% "! reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eligible for 75% N reimbursement based upon the California State University San Bernardino per unit rate with v " proof of a passing grade of"C"or better. g An employee who desires to seek tuition reimbursement under the provisions of this section must complete an Educational Reimbursement Form, and submit it to his or her immediate supervisor for advance approval. w Section 28. OVERAGES AND SHORTAGES: E v The Agency agrees that employees assigned to receive and/or disburse funds for the Agency shall not be held liable for shortages, except in the case of fraud, embezzlement, any 06 other illegal act, or gross negligence. All overages shall be the property of the Agency. This d section does not relieve the employee from being accountable for errors for purposes of performance evaluations and disciplinary actions. N r Section 29. PERSONNEL FILES: m E Employees are authorized to review their personnel files at reasonable intervals. u Employees may request one(1) page of data in their personnel files at no charge. The charge for Q preparing additional pages shall be $0.15 for each page. No employee shall have any comment adverse to his/her interest entered in his/her personnel file, or any other file used for personnel purposes by the Agency, without the member having first read and signed the instrument containing the adverse comment, except that such entry may be made if, after reading such 25 P:Ug,rdasl�geMa AllulwmisUgeMa MlecM1mmisUgmis-Amend 2011\I]-19-2011-PrnoMSl POIi<laemiPm"Nurzs fw ED.lEmp!o,«:Am.rdmew(mmop)d«-. Packet Pg. 272 instrument, the member refuses to sign it. Should an employee refuse to sign, that fact shall be noted on the document, and signed or initialed by the supervisor or the person who made the document. v Section 30. VOLUNTARY LEAVE DONATION PROGRAM: d U O Voluntary leave donation program may be implemented by the Executive Director for the a` benefit of staff,who due to unforeseen circumstances,have long-term medical needs that may be causing severe financial difficulty. The program may not cause a net increase in Agency provided benefits to flow to staff. 0 d r Upon request of an employee who is experiencing catastrophic illness, and upon approval of the Executive Director, leave credits (vacation or floating holidays) may be transferred from a one or more employees to the affected employee under the following conditions: d A. Sick Leave accruals cannot be transferred among employees. a v B. The emplovees with a catastrophic illness or injury has exhausted all other leave j accruals and has completed at least one (1) year of continuous service with the c Agency. W C. _Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from the Agency may donate leave only up to the a amount of the payment they world receive upon separation. LL D. Donations shall be on a form developed by the Agency, si red by the donating w employee, approved by the Executive Director. N A-.E. Unused donated time that has been credited to the requesting employee's account r will not be returned to the donor's account. r U m Section 31. PRE-EMPLOYMENT PHYSICAL AND DRUG TEST: a a as All offers of employment shall be conditioned upon the applicant undergoing a pre- a employment physical examination, at the Agency's expense, which will include a test for illegal use of drugs. An applicant who does not successfully complete the drug test will not be hired. The other results of the pre-employment physical will be handled and used in compliance with the laws protecting persons with disabilities and the Agency's policy of non-discrimination and reasonable accommodation. E r v Section 32. AUTOMOBILE ALLOWANCE: a Subject to authorization, regular full-time Management Unit employees (Executive Director of the Agency, Deputy Director, Administrative Services Director and Director of -OMP, Housing and Community Development) are eligible for a fixed monthly automobile allowance. ��11L P:WgeodaUgtoda AUazFmenlsWgenda NlachmeNSWgmusMUad]011 113-19.2011-Perso�l Policies aid ProuMmcafor EDAEmpb)'ze,MrWmrnl(vading)dax The current automobile allowance authorized is $350 per month for the Deputy Director and $300 per month for the Administrative Services Director and Director of Housing and Community Development. The Executive Director's automobile allowance is negotiated and allowed for in the Executive Director's contract as approved by the Commission. Regular full- time Management Unit employees receiving such automobile allowance are not eligible to use an d Agency-owned vehicle or to receive mileage reimbursement, except for special prior approved o circumstances. The Executive Director may require any employee to drive an Agency vehicle to a and from work, if it is determined that the employee is "On Call" and/or it is in the best interest of the Agency operations. A valid driver's license in this case must be on file in the Agency's offices. o CL Z This automobile allowance is separate from reimbursement for car rental or other `c automobile travel expenses incurred in connection with authorized business travel, including w mileage reimbursement in lieu of air fare when such mileage reimbursement is lower than the i related air fare. .: c E V E Q W Y r 5 LL LL_ tlf O r N c d E t O Q a a a r op N a— C d E t V R Q 27 P.UgendasUgeMa AttukmmtAASeWaAtucNment,\Agents-Amend20l]%l2-19.2011- Packet Pg. 2741 B.A.b I RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 3 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES 4 FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY 5 v d v 6 WHEREAS, on September 21, 1998, the Community Development Commission ° a 7 ("Commission") adopted Resolution No. 5557 approving revised Economic Development Agency v 8 of the City of San Bernardino Personnel Policies and Procedures (the "Personnel Policies and .o a 9 Procedures') for all employees of the City of San Bernardino Economic Development Agency d c c 10 ("Agency")including Exhibits"A","B"and"C';and N d 11 WHEREAS, on October 5, 1998, October 18, 1999, September 18, 2000, August 20, 2001, a 12 October 15, 2001,December 16, 2002, February 22, 2005, June 23, 2005,June 29, 2006, June 21, E 13 2007, January 22, 2008, August 17, 2009, and June 30, 2010, the Commission approved m E 14 amendments to the Agency's Personnel Policies and Procedures; and a 15 WHEREAS, the Commission now deems it desirable to amend Sections SC—Payday; 6A— w w 16 Life Insurance and Employee Assistance Program; 7A — Vacation; 9 — FSLA; 10C — Terms and e 17 Condition of Leave; 18C—FLSA Overtime; 21 —Harassment Policy; 29—Personnel File Copying N of d 18 Charge;and 30—Voluntary Leave Donation Program. a- 06 19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE a 20 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS cl r 21 FOLLOWS: c 22 Section 1. The Commission hereby amends Section 5C -Working Hours and Payday of the E E 23 Personnel Policies and Procedures to now read as follows: 24 Agency staff will be paid every other Friday (bi-weekly)beginning on pay date January 13, a 25 2012,in accordance with the adopted Salary Chart(Attachment`B")and in accordance with 26 Agency procedures. Whenever any payday falls on a holiday, payday will be on the 27 preceding workday. A procedure will be adopted and implemented and placed in effect as to O28 salary step increases,requirements for time sheets and leave accounting. 1 P UgeMaSResolutiomReaofutionsV0I h12-19.2011 Ammdma2 b A,e,,N.]Mi:iaa erd Pr"eMmes Res9.d. i PacketPg. 275 I Section 2. The Commission hereby amends Section 6A — Life Insurance and Employee 2 Assistance Program of the Personnel Policies and Procedures to now read as follows: 3 Life Insurance: The Agency shall provide a group life insurance program for all regular 4 full-time employees as provided by the City's Life and Accidental Death and m 5 Dismemberment Plan. The Plan shall provide Term Life Insurance of one hundred thousand U 6 dollars ($100,000) for Management employees and fifty thousand dollars ($50,000) for a 7 Confidential, Mid-Management and General Unit employees; and Term Accidental Death a, 8 and Dismemberment Insurance of fifty thousand dollars ($50,000) for all regular full-time •o a 9 employees. Supplemental life, as provided by the group policy, may be purchased by the d c c 10 employee at the employee's expense and any additional Agency contribution for N v 11 supplemental life insurance shall be in accordance with Section 6A "Cap on Agency a C 12 Contributions Towards Medical, Dental, Vision, Supplemental Life Insurance, Deferred d E a 13 Compensation,and Long-Term Care. 14 Employee Assistance Program (EAP): All Agency employees may seek assistance from a 0 15 the City's Employee Assistance Program(EAP)as long as the City provides such service. L.U. m 16 Section 3. The Commission hereby amends Section 7A-Vacation of the Personnel Policies v 17 and Procedures to now read as follows: d 18 Vacation: Upon completion of six(6)months of continuous full-time employment with the a 06 19 Agency, regular full-time employees will be credited with forty (40) hours of vacation. a 20 Thereafter for the first five(5)years of continuous full-time employment, every regular full- o, N 21 time employee shall accrue on a monthly basis six and two-thirds (6-2/3) working hours of c 22 vacation leave equal to approximately 80 hours per year. E 23 After completion of five (5) years of continuous full-time employment and commencing as 10 24 of the sixth h)Y ear through the fifteenth(15th)Y ear, every regular full-time employee shall a 25 accrue on a monthly basis ten(10)hours of vacation leave equal to 120 hours per year. 26 Notwithstanding the subparagraph above, upon completion of the tenth (10t) year of 27 continuous full-time employment, regular full-time employees with a hire date of December 28 2 P:tAgeeiss`ASZOMiaw`Reso4lions\1011\11-19-2011 Ame1xlmeN to Ageay Puwvel Policies uW PmcezAwn Rero.docr Packet Pg. 276 1 31, 2001 or earlier shall be allowed 160 hours of vacation credited monthly for the next 2 twelve (12) months of service. This 160 hours of vacation shall be at the completion of the 3 tenth (10th) year, and shall be valid for the eleventh(11th)year only, credited monthly at the 4 rate of thirteen and one-third (13-1/3) hours. Thereafter, through and including the fifteenth N d 5 (15th) year, vacation will be again calculated at the rate of 120 hours per year, credited d 6 monthly. o a 7 After the completion of fifteen (15) years of continuous full-time employment and N d 8 commencing as of the sixteenth (16"i) year through the twentieth (20'h) year, every regular 0 9 full-time employee shall accrue on a monthly basis thirteen and one-third (13-1/3) hours of a v c 10 vacation leave equal to approximately 160 hours per year. o N 11 After the completion of twenty (20) years of continuous full-time employment and a 12 commencing as of the twenty-first (21') year, every regular full-time employee shall accrue w E 13 on a monthly basis sixteen and two-thirds (16-2/3) hours of vacation leave equal to 14I approximately 200 hours per year." 15 Section 4. The Commission hereby amends Section 9 -Family and/or Medical Leave of the w 00 16 Personnel Policies and Procedures to now read as follows: a v 17 Family and/or Medical Leave(FMLA): 0 —._. N d 18 Please refer to City of San Bernardino's current Family Medical Leave Form/Rights. a 19 Section 5. The Commission hereby amends Section IOC - Other Terms and Conditions of a a. 20 Leave of the Personnel Policies and Procedures to now read as follows: 21 Other Terms and Conditions of Leave: The provisions of the Agency's Family and 22 Medical Leave policy regarding the effect of the leave on pay, medical certification d E r 23 requirements and reinstatement also apply to all pregnancy-related disability leaves. 0 0 24 However, for pregnancy-related disabilities, there is no requirement for obtaining more than 25 one(1)medical opinion." 26 Section 6. The Commission hereby amends Section 18C - FLSA Overtime Pay and 27 Compensatory Time Off of the Personnel Policies and Procedures to now read as follows: 28 3 P.UgrWn�Re>olutionseRe so.LlIon ffi011112-192011lnctdnom to Ager,Pr"owI PeVries amt Pox. re Run.00 Packet Pg:277 8.A.6. 1 Fair Labor Standards Act (FLSA) Overtime Pay and Compensatory Time Off: All 2 forty (40) hour/week FLSA exempt employees in lieu of monetary compensation shall be 3 assigned "Administrative Time Off'. Management Unit employees shall receive eighty(80) 4 hours of Administrative time off each calendar year,which cannot be carried over to the next N 0) 5 calendar year. Confidential Unit employees shall receive fifty-six (56) hours o 3 d 6 Administrative time off each calendar year, which cannot be carried over to the next o M 7 calendar year. Mid-management Unit employees receive forty (40)hours of Administrative N 0) 8 time off each calendar year, which cannot be carried over to the next calendar year. Prior .2 0 a. 9 approval must be obtained to use Administrative time. d c 10 Section 7. The Commission hereby amends Section 21 - Policy Against Unlawful w w 11 Harassment of the Personnel Policies and Procedures to now read as follows: n. 12 Policy Against Unlawful Harassment: Please refer to City of San Bernardino's current 13 Policy on Non-Discrimination/Workplace Harassment. m E 14 Section 8. The Commission hereby amends Section 29 of the Personnel Policies and ¢ 0 15 Procedures to now read as follows: w 16 Personnel Files: Employees are authorized to review their personnel files at reasonable v 17 intervals. Employees may request one (1)page of data in their personnel files at no charge. y d 18 The charge for preparing additional pages shall be $0.15 for each page. No employee shall a 19 have any comment adverse to his/her interest entered in his/her personnel file, or any other oa 20 file used for personnel purposes by the Agency, without the employee having first read and o, 21 signed the document containing the adverse comment, except that such entry may be made 22 if, after reading such document, the employee refuses to sign it. Should an employee refuse E E 23 to sign,that fact shall be noted on the document, and signed or initialed by the supervisor or 24 the person who prepared the document with the adverse comment. ¢ 25 Section 9. The Commission hereby amends Section 30 of the Personnel Policies and 26 Procedures to now read as follows: 27 28 4 P:UgendaPResoluliods wlmlone@01 Mt-19-2011A Mment to A6cmy Pmomcl Policies arcs PmaM sReso.dwa Packet Pg.278 7] I Voluntary Leave Donation Program: Voluntary leave donation program may be 2 implemented by the Executive Director for the benefit of staff, who due to unforeseen 3 circumstances,have long-term medical needs that may be causing severe financial difficulty. 4 The program may not cause a net increase in Agency provided benefits to flow to staff. N 0) 5 Upon request of an employee who is experiencing catastrophic illness, and upon approval o d 6 the Executive Director, leave credits (vacation or floating holidays)may be transferred from a. 7 one or more employees to the affected employee under the following conditions: ae N d 8 A. Sick Leave accruals cannot be transferred among employees. .2 0 9 B. The employees with a catastrophic illness or injury has exhausted all other leave accruals a rc 10 and has completed at least one(1)year of continuous service with the Agency. 0 s_ 11 C. Employees may not donate leave they would otherwise forfeit. For example, employees a 12 who are separating from the Agency may donate leave only up to the amount of the d E 13 payment they would receive upon separation. m E 14 D. Donations shall be on a form developed by the Agency, signed by the donating a a 15 employee,approved by the Executive Director. W CO 16 E. Unused donated time that has been credited to the requesting employee's account will 17 not be returned to the donor's account. 0 N d 18 Section 10. This Resolution shall take effect upon the date of its adoption. a 19 a 20 /// { 21 r w 22 /// d E 23 U N w 24 25 26 27 28 5 P:UgeW sssResaNGOU`ResoMioosV011\1219Q011 Amaodment m Agency Pmonntl Politles W Pioc<Mares Reso do:-a Pac;Cef'Fg.279' I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 2 OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES 3 FOR ALL EMPLOYEES OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY 4 N O) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community d 6 Development Commission of the City of San Bernardino at a meeting o a. 7 thereof,held on the day of 2011,by the following vote to wit: d 8 Commission Members: Ayes Nays Abstain Absent 2 0 CL 9 MARQUEZ c 10 JENKINS y 11 BRINKER a c 12 SHORETT E v 13 KELLEY E 14 JOHNSON a 0 15 MC CAMMACK W 16 v 17 N d 18 Secretary a 06 19 a 20 The foregoing Resolution is hereby approved this day of 2011. C; r 21 c 22 Patrick J.Morris,Chairperson 23 Community Development Commission 24 of the City of San Bernardino 25 Approved as to Form: 26 27 By. Agency Counsel 28 6 P,bAgendss%ResolotionstRwhilloas\2011\12-194011 Ame Mme al to Agcocy Personnel Policies andPcoceeduees Res90 doss PacketPg. 280 COMMUNITY DEVELOPMENT COMMISSION PERSONNEL POLICIES AND PROCEDURES FOR EMPLOYEES OF THE CITY OF SAN BERNARDINO m ECONOMIC DEVELOPMENT AGENCY . o a e!I w v .o Adopted September 21, 1998 m Amended October 5, 1998 Amended October 18, 1999 ° E Amended September 18,2000 a Amended August 20,2001 Amended October 15,2001 Amended December 16,2002 Amended February 22,2005 E Amended June 23,2005 ¢ Amended June 29,2006 c Amended June 21,2007 m Amended January 22,2008 N Amended June 30,2010 v Amended December 19, 2011 c m d U a wf a a o, N r C m E r i i 8.A.c TABLE OF CONTENTS INTRODUCTION Page 1 PART A GENERAL POLICIES: H d s- 0 Section 1 APPOINTMENTS Page 2 m Section 2 EMPLOYMENT AT-WILL Page 2 0 Section 3 EQUAL EMPLOYMENT OPPORTUNITY Page 3 a Section 4 MANAGEMENT RIGHTS Page 3 a Section 5 WORKING HOURS AND PAYDAY Page 4 2 Section 6 EMPLOYEE BENEFITS Page 5 a Section 7 VACATION Page 8 d Section 8 SICK LEAVE Page 9 c Section 9 FAMILY AND/OR MEDICAL LEAVE Page 11 a Section 10 PREGNANCY RELATED DISABILITY LEAVE a OR TRANSFER Page 11 Section 11 PERSONAL LEAVE Page 12 E Section 12 BEREAVEMENT LEAVE Page 12 c Section 13 JURY DUTY Page 12 E Section 14 MILITARY LEAVE Page 13 Section 15 OTHER LEAVES OF ABSENCE Page 13 .4 Section 16 INJURY LEAVE(Worker's Compensation) Page 14 w Section 17 PAID HOLIDAYS Page 14 N Section 18 FLSA OVERTIME PAY& COMPENSATORY r. TIME OFF Page 15 Section 19 USE OF PERSONAL VEHICLES AND TRAVEL COMPENSATION Page 16 Section 20 CONFLICT OF INTEREST Page 16 a ro Section 21 POLICY AGAINST UNLAWFUL HARASSMENT Page 17 a a Section 22 DRUG FREE WORKPLACE Page 17 Section 23 GRIEVANCES Page 18 Section 24 DISCIPLINARY ACTION Page 18 Section 25 LAYOFFS AND REDUCTIONS IN FORCE Page 19 u Section 26 RESIGNATION Page 20 d Section 27 TUITION REIMBURSEMENT POLICY Page 20 Section 28 OVERAGES AND SHORTAGES Page 21 Section 29 PERSONNEL FILES Page 21 a Section 30 VOLUNTARY LEAVE DONATION PROGRAM Page 21 Section 31 PRE-EMPLOYMENT PHYSICAL AND DRUG TEST Page 22 Section 32 AUTOMOBILE ALLOWANCE Page 22 I 2 P.UgxmlasUgxoda AuxrLmeoisUgerAa AslacAmmtssAgmns-AmeM 2011\12.193011-Personnel Policies and Procedures for EDA Employees Amendment(Clean)dc,- Packet Pg. 282 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PERSONNEL POLICIES AND PROCEDURES INTRODUCTION N The following Personnel Policies and Procedures ("Policies") are adopted by the Community Development Commission ("Commission") pursuant to California Health and Safety Code Sections 33126 and/or 34144 to govern the terms and conditions of employment for o employees of the Community Development Commission, Economic Development Agency a ("Agency"). U These Policies apply to all Agency employees, including Management and Confidential a Unit employees, Mid-Management Unit employees and General Unit employees, unless specifically stated otherwise. o N These Policies supersede and replace all previous personnel policies, practices and i guidelines adopted or promulgated by the Commission or the Agency, including, without limitation: the Commission's "Personnel Policies and Procedures" adopted in 1989; the "Personnel Policies and Procedures for the Community Development Commission of the City of L San Bernardino, Economic Development Agency Mid-Managers", adopted April 15, 1991; the E "Personnel Policies and Procedures for the Community Development Commission of the City of a w. San Bernardino, Economic Development Agency General Unit Employees", adopted April 15, o 1991; and the Management and Confidential Employee Compensation and Benefits Plan, L.U. established by Resolution No. 5282. In adopting these Policies, the Commission hereby reaffirms its intent to achieve maximum flexibility in the administration of Commission and Agency personnel matters. The d exercise of managerial discretion by the Agency in personnel matters shall be limited only by the specific and express terms of these Policies. (L a i a The Executive Director is hereby authorized to prepare and issue Administrative Guidelines supplementing these Policies. The Executive Director may amend such o Administrative Guidelines from time-to-time as he or she deems appropriate or necessary. The N Administrative Guidelines shall not be inconsistent with the Policies stated herein. In the event of any inconsistency between these Policies and the Administrative Guidelines, these Policies E shall govern. These Policies are not intended to, and shall not be construed to, limit the powers of the Chairperson of the Commission, and/or the Commission,under Health and Safety Code Sections 33200 and/or 34120. These Policies, and any benefit or provision herein, may be modified, revised, amended or abolished in the future by the Commission by formal resolution. i 1 P.1AgeodassASeuda AnecM1meNSWgemis Attx<M1mcmfAg.mis-Amend 3011\I3-I9-1011-Persomel Policies aM PraeNmes fm FDA F�plop"s AmeMment(Clean).dott PART A.GENERAL POLICIES: Section 1. APPOINTMENTS: A. The Executive Director and all other employees of the Economic Development Agency shall be appointed by the Chairperson with the approval of the Community Development y Commission (see Staff Positions Attachment"A"). All employees shall serve at the pleasure of the Chairperson, in accordance with the provisions in California Health and Safety Code. • o B. All employees hired by the Agency shall be appointed in accordance with the job a classifications (see Attachments "C") as may be adopted by the Commission from time to time. d The Chairperson may make changes and modifications, as needed, to job descriptions listed in •B the job classifications in order to meet Agency goals and objectives without further Commission a approval. rz C C. All new employees shall be appointed at a salary set forth for the appropriate job 0 classification, as may be adopted by Commission resolution or as approved in connection with o" the budget adoption process. All salary increases shall be in accordance with said salary c schedule(see Attachment"B"). E E D. The Agency may hire employees on a part-time basis to perform temporary work E or to perform ongoing assignments requiring less than an average of forty (40) hours per week. ¢ Part-time employees shall only be entitled, at Agency or part-time employee expense, to those c benefits required by law or specifically designated in these Policies. For purposes of these w Policies,a part-time employee is one whose average work-week is thirty five(35)hours or less. N a E. The Agency may contract with qualified individuals to provide specific services on a temporary basis not to exceed the equivalent of six (6) months of full-time employment. ,", Contract employees shall be entitled only to those benefits and privileges specifically v enumerated in the employment agreement and/or as required by law. IL a a F. The Chairperson may appoint an employee to a vacant position at a higher-level in an "acting" capacity contingent upon such employee's demonstration of specific skills or contingent upon an employee's completion of additional educational or training requirements within a specific period of time. While in an acting capacity, employees may receive salary adjustments commensurate with the higher-level position salary range. r v Section 2. EMPLOYMENT AT-WILL: All employment at the Agency is "at-will". This means that either the employee or the Agency may terminate the employment relationship at any time, with or without advance notice, and with or without cause. Employees also may be demoted or disciplined and the terns of their employment may be altered at any time, with or without cause, at the discretion of the Agency. Consequently, no Agency employee has a property interest in continued employment or in the i other terms and conditions of employment. This constitutes the sole and exclusive agreement 2 P.WgeadadAgeMa Anschm<ntMSvMeAOSChmentsV4=ts-AmeM4011%14.198011.Pawm l Policies aM Peweedu"s for EDAEmplgees A ,Mmene(Clem)dare Packet Pg. 28 concerning the circumstances under which employment may be terminated or modified, and supersedes any express or implied agreements, policies or practices on the subject. No one other than the Commission has the authority to alter this arrangement, to enter into an agreement for employment for a specified period of time, or to make any agreement contrary to this Policy, and any such agreement must be in writing and formally adopted by the Commission. Section 3. EOUAL EMPLOYMENT OPPORTUNITY: d It is the policy of the Agency to provide equal employment opportunity for all applicants d and employees. The Agency does not unlawfully discriminate on the basis of race, color, e religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, a ancestry,age,physical disability,mental disability,medical condition,family care status, veteran a status,marital status, or sexual orientation or any other status protected by law. The Agency also A makes reasonable accommodations for disabled employees. Finally, the Agency prohibits the a harassment of any individual on any of the bases listed above. For information about the types of conduct that constitute impermissible harassment and the procedures for addressing complaints of harassment, please refer to the Policy Against Unlawful Harassment contained in y these Policies. a This policy applies to all areas of employment including recruitment, hiring, training, d promotion,compensation and benefits. c N It is the responsibility of every employee to conscientiously follow this policy. Violation a of this policy may lead to disciplinary action,up to and including termination of employment. o W Any employee having questions regarding this policy should discuss them with his or her N supervisor,the Executive Director or the Agency's designated Affirmative Action Officer. Section 4. MANAGEMENT RIGHTS: m N U In order to ensure that the Agency is able to efficiently carry out its functions and ro responsibilities as imposed by law, the Agency,though its Chairperson, has the exclusive right to a. manage and direct the performance of Agency services and the work force performing such services. These rights include, but are not limited to,the exclusive right to: w N A. Determine the mission of each of its operations; c d B. Establish the merits, necessity or organization of any service or activity provided t by law, C. Direct the work of the Agency employees; D. Set standards of service; E. Determine the overall responsibility of employees assigned to carry out the various operation of the Agency; 3 P.UgendailAg<nda ArtxohmmksAdeedz Auzrlvnem9Agrmts-Amend 201 1112-19 2 0 11-Personnel Policies and Praeedurea for EDA Employees Amendment(Clean)dory PacketPg. 28 ` ' BAc F. Take disciplinary action consistent with these Policies; G. Take all necessary action to carry out the function of the Agency in emergency situations; H. Determine the methods, means, and personnel by which operations are to be conducted; v I. Determine the budget and organization of the Agency; 0 J. Lay off employees because of lack of work or for other appropriate reasons; a �a en d K. Determine the content of job classifications; .0 0 a L. Expand or diminish services; c 0 M. Subcontract any work or operations; a N. Determine the size and composition of the work force and determine work c assignments; E v c O. Establish and change work schedules and assignments; E a , P. Establish the days and hours when employees shall work; w Q. Establish reasonable work and safety rules and regulations in order to maintain v efficiency and economy desirable in the performance of Agency services; c R. To hire, promote, demote, transfer, terminate and classify employees within the d Agency. U a The exercise of the foregoing powers, rights, authority, duties, responsibilities by the a. i a Agency, the adoption of policies, rules, regulations and practices in furtherance therefore, and the use of judgment and discretion in connection therewith, shall be limited only by the specific o, j and express terms of these Policies, and then only to the extent such specific and express terms C4 are in conformance with the law. The Executive Director may exercise, on behalf of the Agency, I the authority granted hereunder, except as limited by law or by these Policies. The power to dismiss Agency employees shall be vested solely in the Chairperson, who may act upon the u recommendation of the Executive Director. The absence of a recommendation by the Executive m Director shall not be considered a limitation on the Chairperson's power to dismiss. a Section 5. WORKING HOURS AND PAYDAY: I A. The Agency's days of operation will be Monday through Friday. B. Alternate work schedules, other than eight (8) hour work days, such as compressed workweeks and nine (9) or ten (10) hour workdays to improve employee morale or 4 PsAgendaSAgenda Aa.hrn,., Ag de AuuA ,mOAgrmis Amend 2011\12.19&011.PersonclPetioles eod Procedures for FDA Emplo,res Amerdmens(CIOU)doa Park @t P9}ZSS to promote the policies of the Air Quality Management District goals to reduce smog and traffic, may be implemented by management if the goals and mission of the Agency allow for such schedules. C. Agency staff will be paid every other Friday (bi-weekly) beginning on pay date January 13, 2012 in accordance with the adopted Salary Chart (Attachment eB") and in accordance with Agency procedures. Whenever payday falls on a holiday, payday will be on the preceding workday. A procedure will be made to effect salary step increases, required time g sheets and leave accounting. 0 a_ Section 6. EMPLOYEE BENEFITS: a N A. All regular full-time employees shall be eligible for the following benefits and v may apply adopted and allowed Agency contributions to the employee portion of Agency a provided PERS group medical, dental and vision insurance premiums, supplemental life m insurance premiums, deferred compensation benefits and retirement, and PERS provided long- u term care premiums, as described below, subject to the approved cap on the Agency's 1" contribution. Employees in a non-paid status for more than fifty percent (50%) of the work 0. month, shall be responsible for payment of these benefits to continue coverage, except for those c benefits provided for by law or in accordance with Family Leave, E V r Retirement: All regular full-time employees of the Agency are required to be members E of the Public Employees' Retirement System(hereinafter called"PERS") at the 3% @ 60 a plan, effective July 1, 2003. In addition to the employer's share of the PERS w contributions, the Agency shall pay 8% of monthly salary for the employee share of the .. PERS contribution. Based upon the current PERS plan requirement whereby the e employee share is 8%, the employee shall not have any monthly obligation for the employee share of the PERS contribution. Regular part-time employees are not covered = by the PERS retirement plan, but the regular part-time employee shall be required to d contribute to an alternative recognized retirement plan as required by law. �? a a6 Medical Insurance: The Agency shall provide a group health insurance program for a regular full-time employees and eligible annuitants (retirees as described below). Any Agency contribution for regular full-time employees shall be in accordance with Section �+ 6-A, "Cap on Agency Contributions Towards Medical,Dental,Vision, Supplemental Life Insurance,Deferred Compensation,and Long-Term Care". d The Agency shall pay a portion or all of the monthly medical insurance premium for eligible annuitants at the monthly premium as allowed for, and as required by, PERS rules and regulations, and/or other applicable rules and regulations, when the annuitant Q continues coverage under, or enrolls in, the PERS Health Insurance Plan at the time of direct retirement from the Agency (PERS allows up to 120 days from the date of retirement to enroll in the PERS Health Insurance Plan). The Agency shall pay a portion of the monthly medical insurance premium for eligible annuitants at a rate higher than the minimum allowed for, and required by, PERS rules and regulations, if the eligible annuitant elects to continue coverage under, or enrolls in, the PERS Medical Insurance oP:ASW. Agenda Atlech.eM,WUenda AllaahmemsUgemis-Amend 2011%12.193011.Pem lPO0cie,amdN",Wues foe FDA E.,byea AmeeAmem(Ckan)d.a packet Pg. 28 Plan at the time of direct retirement from the Agency, and meets the following criteria. To be eligible for increased Agency paid monthly medical insurance premiums, the regular full-time Agency employee must retire directly from the Agency with a minimum of eight (8) years of Agency service, and have attained the minimum age of fifty (50) at the time of at the time of direct retirement from the Agency. The Agency's total contribution towards the eligible annuitants' monthly health insurance premium shall be the lower of either the monthly PERS health insurance premium or the sum of$350 per month. When the annuitant becomes eligible for Medicare, the Agency's contribution g shall be the lower of either the monthly PERS Medicare supplemental insurance premium or $350 per month. The increased Agency paid health insurance premium shall cease o upon the death of the annuitant, or when the annuitant is no longer covered by the PERS Health Insurance Plan. The Agency will remain bound by PERS rules and regulations regarding any surviving spouse continuing in the PERS Health Insurance Plan. The form v of Agency contribution may be a direct reimbursement to the annuitant for the higher o°. Agency contribution or any portion thereof, and/or the Agency contribution, or any d portion thereof, may be paid directly to the PERS Health Insurance plan, and/or the c contributions may be a combination of both. In any case, the Agency contribution will not exceed the lower of$350 per month or the PERS health insurance premium. a Dental and Vision Insurance: The Agency shall provide a group dental and vision E insurance plan for all regular full-time employees, Any Agency contribution shall be in c accordance with Section 6A "Cap on Agency Contributions towards Medical, Dental, E Vision,Supplemental Life Insurance,Deferred Compensation,and Long-Term Care". ¢ ¢ 0 Life Insurance: The Agency shall provide a group life insurance program for all regular (.". full-time employees as provided by the City's Life and Accidental Death and CO Dismemberment Plan. The Plan shall provide Term Life Insurance of one hundred thousand dollars ($100,000) for Management employees and fifty thousand dollars ($50,000) for Confidential, Mid-Management and General Unit employees; and Term d Accidental Death and Dismemberment Insurance of fifty thousand dollars ($50,000) for v all regular full-time employees. Supplemental life, as provided by the group policy, may be purchased by the employee at the employee's expense and any additional Agency CL contribution for supplemental life insurance shall be in accordance with Section 6A"Cap on Agency Contributions Towards Medical, Dental, Vision, Supplemental Life Insurance,Deferred Compensation,and Long-Term Care". 'N Long-Term Disability Insurance: The Agency will provide a group long-term E disability insurance program for all regular full-time employees, and the Agency shall pay the premium on behalf of the employee. The coverage shall be as allowed for under x the Agency's Long-Term Disability Insurance Policy. If allowed for under the Policy, an ¢ employee shall not be required to exhaust their sick leave to receive benefits. Medicare: All employees appointed on or after April 1, 1986 will be required to participate in the Social Security Medicare program and pay, as required, the employee portion. The Agency shall be required to pay the employer portion in accordance with law. i 6 P:NBenAaSAgcoda Al�echment5�A6enda Ma<hmmtilAgrm�e-Tuua13011\IZ-19-3011 Permmwl PUlicieseai PraeNmes(or EpAEmpla,ees AmeWmem(Cinn).docx Packet Pg. 28 © Short-Term Disability Insurance: The Agency shall provide a group Short-Term Disability Insurance (SDI) program for all regular full-time employees, and the Agency shall pay the premium on behalf of the employee. Deferred Compensation Plan: The Agency shall contribute the amount of $300 per month for regular full-time Management employees, and$200 per month for regular full- time Mid-Management and Confidential employees into the proper qualified deferred compensation plan as appropriate and allowed for under this policy. All other contributions for Management, Confidential and Mid-Management employees into a v qualified deferred compensation plan shall be at the employee's expense, except for any o Agency contribution allowed for under Section 6A "Cap on Agency Contributions CL Towards Medical, Dental, Vision, Supplemental Life Insurance, Deferred Compensation, and Long-Term Care". For regular full-time General employees,the Agency provides an optional group deferred compensation plan for all employees, at the employee's expense, a except for any Agency contribution allowed for under Section 6A "Cap on agency Contributions Towards Medical, Dental, Vision, Supplemental Life Insurance, Deferred Compensation, and Long-Term Care". All and any contributions shall be in accordance with law. a Employee Assistance Program (EAP): All Agency employees may seek assistance from the City's Employee Assistance Program (EAP) as long as the City provides such v service. a Cap on Agency Contributions Towards Medical, Dental, Vision, Supplemental Life o Insurance, Deferred Compensation, and Long-Term Care: Effective beginning with U! January 1, 2003 insurance premiums, the Agency's per employee contribution for N Agency provided group PERS medical insurance, dental insurance, vision insurance, Z supplemental life insurance premiums, the employee portion of group deferred compensation, retirement service credit, and PERS provided long-term care premiums, d shall not exceed, in the aggregate, seven hundred seventy-five dollars ($775.00) per U 0. month per regular full-time employee. a a Subject to Internal Revenue Service ("IRS") and PERS regulations and other applicable rules, an employee may choose how the Agency's contributions are allocated amongst o; Agency provided group PERS medical insurance, dental insurance, vision insurance, supplemental life insurance, employee paid deferred compensation, retirement service credit, and PERS provided long-term care premiums. PERS medical plan insurance for E the employee may only be discontinued by the employee upon proof of comparable insurance through an alternate source; alternate source medical plan premiums shall be paid for by the employee without any Agency contribution. a B. BILINGUAL PAY: Each full-time employee, as designated by the Executive Director and who meets eligibility requirements as developed by the Agency, shall be i compensated at the rate of an additional $25.00 per pay period for each pay period actually worked. � I 7 P.aAgeidaMgeMa AttachmentsUgeoda AttachmentsUgssms-AmeM 2011\12.19.2011.Peraamsel Pokiea and Proc"res for EDA Employees Amerdmem(Cleaa).do a r Not more than three (3) employees of the Agency may be designated to receive bilingual pay. C. Full-time regular employees who are authorized to work part-time temporarily for reasons other than those mandated by law, and as approved by the Executive Director, will be allowed benefits based on a pro-rata basis for a period not-to-exceed three (3)months. Pro-rata means that the Agency will pay for allowed benefits based upon the percentage of time the employee actually works provided the employee agrees to pay for the portion not paid by the Agency. At the end of such three (3) month period, determination shall be made by the Executive Director as to the employee's temporary part-time status. Other temporary, part-time o or hourly employees shall only be eligible to receive those benefits listed above as required by a �e law. d U D. The above benefit programs and contributions levels may be changed from time- a to-time as approved by the Commission. s= E. In addition to the above, the Agency shall provide unemployment insurance and N workers' compensation insurance coverage as required by the State of California. d Section 7. VACATION: E a A. Upon completion of six (6) months of continuous full-time employment with the Agency, regular full-time employees will be credited with forty (40) hours of vacation. ¢ Thereafter for the first five (5) years of continuous full-time employment,every regular full-time o employee shall accrue on a monthly basis six and two-thirds (6-2/3) working hours of vacation w leave equal to approximately 80 hours per year. v After com�rletion of five (5) years of continuous full-time employment and commencing as of the sixth (6r ) year through the fifteenth (15`h)year, every regular full-time employee shall accrue on a monthly basis ten(10)hours of vacation leave equal to 120 hours per year. U a Notwithstanding the subparagraph above, upon completion of the tenth (1011) year of a a continuous full-time employment, regular full-time employees with a hire date of December 31, 2001 or earlier shall be allowed 160 hours of vacation credited monthly for the next twelve (12) M months of service. This 160 hours of vacation shall be at the completion of the tenth(10th)year, N and shall be valid for the eleventh (11th)-year only, credited monthly at the rate of thirteen and one-third (13-1/3) hours. Thereafter, through and including the fifteenth (15th) year, vacation d will be again calculated at the rate of 120 hours per year,credited monthly. After the completion of fifteen (15th) years of continuous full-time employment and a commencing as of the sixteenth (16th) year through the twentieth (20u') year, every regular full- time employee shall accrue on a monthly basis thirteen and one-third (13-1/3) hours of vacation leave equal to approximately 160 hours per year. � I 8 P:WgendssV gerda AivtFmeobtAgeMn AuzchmtmssAg.mn-dmad 2011113.19-]011-Personnel Polities nod Procadora forMAEmplo,as Amendment(Clan))doca PacketPg. 290 t.... After the completion of twenty (20) years of continuous full-time employment and commencing as of the twenty-first(21")year, every regular full-time employee shall accrue on a monthly basis sixteen and two-thirds (16-2/3) hours of vacation leave equal to approximately 200 hours per year. B. Accumulated vacation accruals may not exceed three (3) times an employee's current annual entitlement(for example, 240 hours for an employee with less than five(5) years continuous full-time employment). Once this three (3) year maximum is reached, all further g accruals will cease. Vacation accrual will recommence after the employee has taken vacation and the accrued vacation has dropped below the three(3)year maximum. o ad a C. When a scheduled holiday occurs during the vacation of an employee,the nine(9) hours of holiday pay as allowed for under these policies shall be accrued and paid as holiday hours and shall not be charged as vacation hours for regular full-time employees. a m D. If a full-time regular employee remains in a non-pay status for fifty percent(50 510) c or more of the total normal work hours of any pay period, vacation credit shall not accrue for the entire pay period. Authorized vacation, sick leave, holiday or other compensated time off shall a be considered as time worked for the purpose of computing accrued vacation. Employees will not accrue vacation credit during a compensated disability leave resulting from a work related E injury. c m E. Employees who resign or otherwise leave the service of the Agency shall receive compensation for the unused portion of their accrued vacation leave at the current rate of pay at o the time of separation. In the case of death, the beneficiary will be paid the unused portion of (!! any employee's accrued vacation leave. Payment of accred vacation leave upon termination N shall be based upon the hourly rates calculated upon two thousand eighty (2,080) hours per year of pay at the salary step of such employee as of the date of termination. A m F. Employees shall have the option of receiving payment at their regular rate of pay L) for forty (40) hours for their vacation time once each fiscal year, provided that they have M accumulated a minimum of one hundred twenty(120)hours of vacation credits. a. P P G. Vacation credit may not be taken without prior approval of an employee's supervisor. Part-time and temporary employees are not eligible to earn paid vacation credit. Y C Section 8. SICK LEAVE: m E r A. Upon completion of six (6) months of continuous full-time employment with the Agency, regular full-time employees will be credited with forty-eight (48) hours of sick leave. a Thereafter, sick leave will accrue at the rate of four (4) hours per pay period, or eight (8) hours per month, for all regular full-time employees. If regular full-time employees remain in a non- pay status for fifty percent (50%) or more of the total normal work hours in the pay period, sick leave credit will not be earned for the entire pay period. Part-time and temporary employees are not eligible to earn and accrue paid sick leave. Accrued and unused sick leave may carry-over from year to year without maximum. 9 P:1AgwdesUgerda AUx<iw.evuUgmdaAUacfim emsUg.mis.Wevd 7011\@-I9-1011-Pemmiel POG<ies voA PronNurcs fa EDA Emplo,w.Amaudmem(Ciun)daca packet pg. 291 Authorized vacation, sick leave, holiday or other compensated time off shall be considered as time worked for the purpose of computing accrued sick leave. Employees shall not accrue sick leave during the period of compensated disability leave resulting from a work- related injury. B. Sick leave means the absence from duty of employees because or illness or injury, exposure to contagious diseases, or attendance upon a member of his or her immediate family who is seriously ill. Members of an immediate family are considered to be employee's spouse, grandmother, grandfather, grandchildren, mother, father, sister, brother, son, daughter, mother- V in-law,father-in-law, sister-in-law,brother-in-law,son-in-law and daughter-in-law. o a Sick leave shall not be considered as a discretionary employee's right, and will be allowed only in the case of actual necessity resulting from personal sickness, disability, attendance to an immediate family member, or as otherwise provided in this Article. Whenever a an employee uses all allowable sick leave, further absences may be charged against accrued m vacation or other compensated leave at the discretion of the Executive Director. Only upon the u approval of the Executive Director,may the employee elect to take a loss of pay rather than other compensated time off for illness. a C. All eligible employees who are compelled to be absent from work due to illness E or injury, other than that caused by or resulting from their own illegal actions, shall be entitled to c receive full compensation for each day of accrued sick leave used. A day, as referred to herein, E shall mean a normal eight(8),nine(9)or ten(10)hour work day period as applicable. 0 D. At such time as the employee completes the first(1g()year of regular employment, m he or she may exercise the following: At the end of any fiscal year, an employee who has not used more than twenty-four (24) hours of sick leave (either sick or personal leave charged against sick leave), may request that d eight (8) hours of credit be applied to the employee's vacation or sick leave. The eight(8)hours 0 of credit will not be subtracted from the employee's sick leave accrual, but shall add to the IL appropriate leave category. Once an option is selected, it cannot be changed at a later time a during the calendar year. Other forms of leave, such as administrative leave or vacation leave, may not be used in lieu of sick leave in order to avoid the use of sick leave and thus earn the eight(8)hours of credit. N C E. Employees are required to provide a verification from a licensed health care E provider for any absence due to illness or disability in excess of two (2) working days (required upon the third consecutive day of absence); in cases of documented excessive sick leave use, verification from a licensed health care provider may be required for less than three (3) a consecutive days of absence at the discretion of the Executive Director. Sick pay may be withheld if a satisfactory verification is not received. F. Payment for Unused Sick Leave Upon Separation From Employment: 10 PSAgendiM&enda Mtuhment9Ageoda Altie tnt9AgrmtsAmerd20ll\13.193 011-Persowl Policies"Proaeedm rorMA Emplo}usA codamt(Clean)doc< paeket Pg. 292 Management and Confidential Unit. Upon termination of employment for any reason other than proven unlawful activity, upon retirement, or death, the Agency shall pay to regular full-time Management and Confidential Unit employees, or to their estate, one- hundred percent (100 1/o) of their accrued, unused sick leave at the employee's current hourly rate of pay at separation. There is no cap of accumulated hours to be paid or minimum service year requirement. The accrual of sick leave will be unlimited with no maximum allowance and shall be paid at the employee's current hourly rate of pay. y d Mid-Managers Unit: Upon termination of employment for any reason other than proven unlawful activity, upon retirement, or death, a regular full-time Mid-Management Unit o employee, with up to and including fourteen (14) years of service, the Agency shall pay a to the regular full-time employee, or to their estate, fifty percent (50%) of their accrued, °0 unused sick leave at the employee's current hourly rate of pay at separation. After 0 fourteen(14)years of Agency service,the Agency shall pay one-hundred percent(100%) a of their accrued, unused sick leave to the regular full-time employee, or their estate, at their current hourly rate of pay at separation. There is no cap of accumulated hours to be paid. y d IL General Unit. Upon termination of employment for any reason other than proven unlawful activity, upon retirement, or death, after five (5) years of Agency service, the E Agency shall pay to regular full-time General Unit members, or to their estate, fifty c percent(50%)of their accrued,unused sick leave at the employee's current hourly rate of E pay at separation. There is no cap of accumulated hours to be paid. a a Section 9. FAMILY AND/OR MEDICAL LEAVE(peLMA): °m CO Please refer to City of San Bernardino's current Family Medical Leave Form/Rights. a Section 10. PREGNANCY-RELATED DISABILITY LEAVE OR TRANSFER: c m d A. Eligibility and Duration a oe 1. Leave of Absence a Any employee who is disabled on account of pregnancy, childbirth, or related r conditions may take a pregnancy-related disability leave for the period of actual disability of up to four (4) months, in addition to any family care or medical leave to which the employee may be entitled under the Agency's Family Medical Leave policy based upon a E medical certification from their health care provider. Pregnancy-related disability leaves may be taken intermittently, or on a reduced-hours schedule,as medically necessary. a 2. Temporary Transfer Before Childbirth i Any employee affected by pregnancy is entitled to transfer temporarily to a less strenuous or hazardous position or to less strenuous or hazardous duties if the transfer is medically necessary and the transfer can be reasonable accommodated, based upon a ® medical certification from their health care provider. i I PdAgendas%AVoda"achmeatstAgeoda AUecMcsa,sAppms-Amend 2011\1219-2011-Pe 1el Policies arm Proceedures for MAEmployees Amendment(Clean)duce PacketPg. 29 B. Substitution of Paid Leave for Pregnancy-Related Disability Leave An employee taking pregnancy-related disability leave may substitute any available sick pay or any accrued vacation time for her leave. The substitution of paid leave for pregnancy- related disability leave does not extend the total duration of the leave to which an employee is entitled. C. Other Terms and Conditions of Leave The provisions of the Agency's Family and Medical Leave policy regarding the leave's d effect of pay, medical certification requirements and reinstatement also apply to all pregnancy- o related disability leaves. However, for pregnancy-related disabilities, there is no requirement for a 0a obtaining more than one(1)medical opinion. d Section 11. PERSONAL LEAVE: o°. d Personal leave up to a maximum of twenty-four (24) hours per calendar year may be c utilized when approved by the employee's supervisor and shall be charged to the employee's accrued sick leave based upon an accrued sick leave balance to cover such usage. Personal leave a shall not accumulate or carry over from one(1) calendar year to any succeeding calendar year. Z N E Section 12. BEREAVEMENT LEAVE: d Upon the death of a member of the employee's immediate family, (as defined in sick a �a leave), up to forty (40) hours of bereavement leave with pay per calendar year shall be allowed o when the employee has an equivalent number of sick hours accrued. The total number of hours L.U. approved shall be based upon all circumstances made known to the employee's supervisor prior v to the taking of such leave. Bereavement leave shall be charged to available sick leave and shall not accumulate from calendar year to calendar year. r d Section 13. JURY DUTY: � IL 06 A. All full-time employees who are required to serve as a trial juror, as an inquest a juror, or have received a work related subpoena to testify or give a deposition in a court or in the course of an investigation shall be entitled to provide such service without loss of pay. This provision shall apply during the period of time in which the employee must be present in court or in the jury room as a result of such jury service. This provision is not applicable to grand jury service. E r v B. Employees must provide reasonable advance notice of any need for such leave, pursuant to the Agency's standard procedure for requesting leaves. Every employee shall a receive his/her regular pay while serving on jury duty, provided that all jury fees paid to such employee, less automobile expense allowed, shall have been remitted to the Agency. Employees shall request payment if not automatically provided. 12 P.s gcndasaAgcndaAnachm,ntdAgeMaAnaahmemslAg.merA. M2011V2.19Q011.Peg onre lPolitiesWPrweeluro for MAErop1q,01A tMarml(Clean)doc. Packet Pg Section 14. MILITARY LEAVE: A. All employees required to serve in the National Guard or any reserve unit of the armed forces of the United States will be granted leave according to the provisions of the California Military and Veterans Code Section 395, et seq. or any other applicable law governing such service. In accordance with the policies of the armed forces to cooperate with employers, the Agency requires reasonable advance notice of any proposed absence due to military duty, y except in extraordinary circumstances. If any part of this Policy regarding Military Leave is in conflict with any applicable laws in effect at the time of the leave, the applicable laws shall take precedence. o a B. Every employee on temporary military leave of absence, provided that the period H of ordered duty does not exceed 180 calendar days, and who has been in the service of the Agency for a period of not less than one (1) year immediately prior to the day in which said a absence begins, shall be entitled to receive his/her salary for the first thirty (30) calendar days of any such absence in any one (1) calendar year. All other benefits paid by the Agency will continue for up to 180 days. H m a C. Employees returning to the Agency within the specified time, and who have been honorably discharged fiom the military service, shall be reinstated to their former position 9) without loss of status or seniority,provided they are not physically or mentally incapacitated as a = result of the performance of military duties. £ Section 15. OTHER LEAVES OF ABSENCE: c W A. Leave of absence without pay constitutes a temporary non-pay status from full- CO time employment. Upon request of the employee and the recommendation of the employee's supervisor,a leave of absence without pay may be granted by the Executive Director for a period not to exceed three (3) months. Examples of when a leave of absence without pay may be granted are: a 1. Employees who are temporarily mentally or physically unable to perform a their duties; C6 2. Military leave when the employee has less than one (1) year of service in N the Agency; c m 3. For an employee who is a disabled veteran requiring medical treatment; u 4. To retain an otherwise desirable employee; a B. Employees who enter the armed forces of the United States during war or national emergency as declared by the President or the Congress of the United States are entitled to a leave of absence without pay during the time of such service and for a period of ninety (90)days thereafter. All employees returning to the Agency within the time herein specified, and who © have been honorably discharged fi•om such service shall be reinstated without loss of status of 13 � P:UgendasUgenda AnechmmusAgevda MevhmsyssUgrmssAmeM 1011\II.19.1011-P<ssoimel Pdides vd Psw'eMwu for EDA Emplq'ees AmeMmem(Clxan)don i Packet Pg. 295 �,,.. seniority, provided they arc not physically or mentally incapacitated from performing the duties of said office or position. C. The Agency's contribution towards an employee's benefits will continue after an employee is on a leave without pay status on a pro-rata basis as stated within this Policy, or as required by any applicable law (i.e., when on family leave or medical leave). Upon an employee's return to full-time work,the Agency's contribution towards benefits will continue. a_ D. Notwithstanding any other provisions of this section to the contrary, the Agency u will continue its contribution for benefits of an employee on leave of absence due to any injury o or illness arising out of and in the course of his/her employment with the Agency as stated in this a ad Policy or by any applicable laws. d .2 E. An approved leave of absence without pay for less than sixty (60) days in any a calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall d result in the advancement of the employee's anniversary date and compensation advancement c date to such date as will account for the total period of uncompensated time off. Leave of absence without pay under any laws that contradict this will not apply under this provision, e.g. a pregnancy disability leave, or if the employee is working part-time. Failure to return to work at the expiration of the approved leave of absence without pay shall constitute an abandonment of the position and shall be processed as such. c d E Section 16. INJURY LEAVE(WORKERS' COMPENSATION): ¢ 0 Full-time employees who sustain an injury in the course and scope of their employment 1JI with the Agency shall receive the equivalent of 100% of their normal salary or wages (including N disability payments) for the first three (3) working days of their absence due to injury. Effective upon the fourth(0)working day of necessary absence, employees may utilize their accumulated leave to augment the amount of disability compensation received. Compensation shall be provided in accordance with the Workers' Compensation and Insurance and Safety Act of California. Leave may be utilized to the extent that the total sum received when added to a. workers' compensation disability payments will result in a payment equal to the employee's a regular and normal compensation, but not to exceed the take-home pay of the employee's last full paycheck. T N r The utilization of leave for this purpose shall end with the termination of the temporary disability or when accumulated leave has been exhausted,whichever occurs first. E E v Section 17. PAID HOLIDAYS: A. All full-time employees shall be entitled up to nine (9) accrued and/or paid hours for each of the following holidays: Holiday Observance New Year's Day January 15( 14 P;Ugeaas geMi MacE emis\ApMa Mluc tn%IAgrmts-Amend2011\13-192011.Pawmeel Policies ad Pweedues ror EM Employ",AmerAmeot(Clem).clm Martin Luther King,Jr. Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 40i Labor Day First Monday in September Veteran's Day November I I" Thanksgiving Day Fourth Thursday in November a Friday After Thanksgiving Day Friday after Thanksgiving Christmas Eve December 240' m Christmas Day December 25th c New Year's Eve December 31a 0. Two Floating Holidays As Approved by Management a When a holiday occurs on Saturday, the preceding Friday shall be observed. When a o holiday occurs on Sunday, the following Monday shall be observed. When Christmas Day and 0. New Years Day fall on Saturday, then the following Monday, or a day the Commission deems, c will be observed as a holiday (due to Friday being a holiday for Christmas Eve and New Years 0 Eve). d CL Floating holidays shall be taken during the calendar year in which they accrue, but may d be taken only upon the prior written approval of the employee's supervisor. Floating holidays E may not be carried over to the next calendar year. E B. All employees shall be allowed the holidays specified above at full pay (up to 9 c hours) when such holiday occurs within the regular assigned working period, and provided that W the employee is not on an approved leave of absence without pay or was not otherwise absent N without approval for the working day either immediately preceding or succeeding the holiday. If v any employee is on a 4/10 work week, or other schedule that dictates a regular work day longer than nine (9) hours, the employee will be required to use an appropriate leave category for any d hours taken off in excess of nine(9)hours. If it becomes necessary for any employee to work on 0 any of the above-designated holidays, any time worked during said holiday shall be compensated � in accordance with the overtime policies. a C. Whenever the City of San Bernardino, City Council, declares that City Hall will d, be closed for the period between the Christmas and New Years Day holidays, the Executive N Director will be allowed to close the Agency or portions thereof for the same period, providing that Agency operations allow for such closing. Holidays may be adjusted to coincide with the m days of closure. t v A Section 18. Fair Labor Standard's Act (FLSA) OVERTIME PAY AND a COMPENSATORY TIME OFF: A. "Overtime Work" shall mean the aggregate service performed by an employee in excess of eighty (80)hours in a two (2) week period for full-time employees. No General Unit employee may work overtime without the express prior approval their supervisor and of the Executive Director. 15 P.UVe OASeWa Aneahmea0ASeada Mtuh eats1ASrmtsAme.d 2011%12-19-2011-Per_.o,,A Pd,s vid P..tt' .for FDA F.,Iq..s Amendment(Clean}d. Packet Pg. 297 B. Management shall have the right to schedule flexible working hours for those employees who are required to attend meetings or perform other overtime work on an ongoing basis in order to maximize Agency resources. C. All forty (40) hour/week FLSA exempt employees in lieu of monetary compensation shall be assigned "Administrative Time Off'. Management Unit employees shall receive eighty(80)hours of Administrative time off each calendar year,which cannot be carried H over to the next calendar year. Confidential Unit employees shall receive fifty-six (56) hours of 2 Administrative time off each calendar year, which cannot be carried over to the next calendar m year. Mid-management Unit employees receive forty (40)hours of Administrative time off each o calendar year, which cannot be carried over to the next calendar year. Prior approval must be a obtained to use Administrative time. N d Section 19. USE OF PERSONAL VEIHCLES AND TRAVEL COMPENSATION: CL Z A. The Executive Director may require any employee to provide his/her own insured c vehicle to conduct Agency business. A Management Unity employee required to provide his/her own insured vehicle incident to conducting Agency business may receive either mileage a reimbursement or a salary allowance for automobile usage, but not both. Employees required to provide his/her own insured vehicle incident to conducting Agency business will receive mileage reimbursement. The rate of reimbursement will be the same as the amount authorized by the c federal tax codes. A copy of the employee's valid driver's license is required to be on file in the E Agency's office. a C3 B. Reimbursement for mileage for the use of private automobiles on Agency W business shall be provided in accordance with approved Agency policy. Reimbursement for co travel costs and attendance of conferences by Agency employees during working hours shall be in accordance with approved Agency policies. A d Section 20. CONFLICT OF INTEREST; v IL ad A. All employees who, in the course of their duties, are required to participate in the a formulation of or to approve plans or policies for a Redevelopment Project Area must sign a "Condition of Employment"form agreeing that they will not acquire any interest in any property �+ included within a Redevelopment Project Area unless otherwise permitted pursuant to California Health and Safety Code Section 33130. C N All employees must submit a written disclosure of any interest they might have within a Redevelopment Project Area to the Agency and the City Council and such disclosure shall be entered into the minutes of the Agency and the City Council, pursuant to California Health and Safety Code section 33130,at the time of their employment with the Agency. All employees must additionally agree that they shall not become involved as an owner, partner,participant,joint venturer, employee or otherwise, and agree not to enter into any contact or agreement in connection with any development project or property included, planned to be included or proposed to be included in any type of development project under the jurisdiction of 16 e:.gg..d.i ea,w::em:m: a.nnx<nm.m:ugmis-.+�eaxon:.sao -P..iPOtid.:.°dh. u...r.EDAE.,I,.,A.,M.m(CI..)da.- PaCketPg. 298 the Agency during the period of their employment, unless the employee has owned an interest substantially equal to that being acquired,for three(3)years immediately preceding the selection of the Project Area pursuant to California Health and Safety Code Section 33130 (b). Disclosure is also required, by all designated employees, in accordance with the conflict of interest code adopted by the Commission and amended from time to time. These policies are not all-inclusive of possible conflicts. Employees unsure as to whether a certain transaction, 7 activity or relationship constitutes a conflict of interest should discuss it with their supervisor or 2 the Executive Director for clarification. o B. Any Agency employee who holds a California real estate broker's or a salesperson's license shall not engage in any real estate brokerage or sales activities within the City of San Bernardino during the term of his or her employment with the Agency. An R exception can be made when the employee is purchasing or selling property for his/her personal 0 IL or family account. Family shall mean husband, wife, grandmother, grandfather, mother, father, d sister, brother, son, daughter, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in- C 0 law,or daughter-in-law. a C. To avoid potential conflicts of interest, employees are required to disclose all outside employment to the Executive Director prior to accepting outside employment. 0 d E a C Section 21. POLICY AGAINST UNLAWFUL HARASSMENT: E a Please refer to City of San Bernardino's current Policy on Non- c Diserimination/Workplace Harassment. w CO N Section 22. DRUG FREE WORKPLACE: C A. It is the policy of the Commission to maintain a drug-free workplace. Sale, d possession or use of illegal drugs in the workplace or on working time is prohibited. Any 0 employee who becomes aware of any violations of this policy should immediately report them to CL his or her supervisor, manager or Executive Director. Any employee who violates this policy °o. shall be subject to disciplinary action up to and including dismissal. o� B. In addition, any employee who is convicted under any criminal drug statute for a violation occurring in the workplace or during any Agency-related activity or event is required to notify the Executive Director no later than five (5) days after such conviction. Any employee E who violates these requirements shall be subject to disciplinary action up to and including dismissal. a C. Drug abuse in the workplace may lead to serious safety concerns for the abuser, fellow employees, and the general public being served by the abuser. Specifically, drug users may be causing irreparable damage to their bodies, which can lead to serious illness and even death; and endangering the lives and property of others because of their impaired mental and physical condition. r-- 17 P:UBenlis�dgeWe AVachmemsUyerdn NU<tmemsMg.mts Amend 1011\13-194011-Personnel Midn.vi N.,mi.f.,FDA Employees McWment(Clon)dax Packet Pg. 299 D. An Employee Assistance Program is available to provide comprehensive employee assistance and counseling services to all Agency employees. The City program as outlined under Benefits is designed to help employees and their family members find direction in solving personal or emotional problems, including drug and alcohol abuse. All employees are encouraged to utilize this program when faced with such personal problems. Unless otherwise requested by the employee, all services provided by the Employee Assistance Program are strictly confidential and will not be disclosed to the Agency staff or management. y m 0 E. Nothing in this guideline is intended to diminish the Agency's commitment to d comply and reasonably accommodate qualified disabled individuals. The Agency will o reasonably accommodate qualified disabled employees who must take legal drugs because of a their disability. m Section 23. GRIEVANCES: a Z A grievance is an alleged violation of the terms of the Personnel Policies. The following c procedure is the exclusive remedy for resolving grievances. a to a A. Step One: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and his/her direct supervisor. Verbal presentation of the grievance shall be made within five (5) working days after the employee c knew or reasonably should have known of the occurrence giving rise to the grievance. The E supervisor shall respond to the grievance within five(5)working days of its presentation. ¢ 0 B. Step Two: If the grievance is not resolved within five (5) working days of its W initial presentation under Step One, the aggrieved party may file a written appeal with the co Executive Director within the next five (5) working days, setting forth the basis for the grievance. The Executive Director or designee shall meet with the employee, within ten (10) working days after receipt of the appeal and shall deliver his/her answer, in writing, to the employee within ten (10) working days after the meeting. The decision of the Executive v Director shall be final and binding. a eb a a Section 24. DISCIPLINARY ACTION: r o� A. It is intended that discipline be imposed primarily for corrective purposes and to N address deficiencies in work performance. It is recognized,however,that certain infractions may r warrant immediate dismissal without first resorting to lesser forms of discipline, in the exclusive E discretion of the Chairperson. Failure of the employee to respond to the corrective action may o also result in further disciplinary action up to and including termination. The following is a 0 nonexclusive list of the more common causes for disciplinary action or termination: ¢ a. Action contrary to these Personnel Policies or other rules of the Agency. b. Inefficiency or incompetence. C. Willful disobedience or insubordination. i 18 1 PdAgeW asUgeMa A achment9Ageods AuddmlenlAAgr tl .Amvid 301111319-2011-Pttsoemd Policies eM Proeeedures for FDA Employees Amendment(Clem)docx d. Dishonesty. C. Violation of the Agency's drug and alcohol policies. f. Possession and/or use of a firearm or other weapon on Agency premises, in an Agency vehicle,or while engaged in Agency business. g. Disorderly,immoral or illegal conduct. d h. Discourteous treatment of the public or fellow employees. o a L Conviction of a felony. d W j. Absence without leave for three (3) or more working days, or lack of a notification each day of absence. d c c 0 k. Neglect of duty. d a 1. Action incompatible with,or not in the best interest of,public service. a, M. Failure to follow safe working practices or failure to report promptly any c to injury. E i n. Excessive sick leave use. W B. Nothing in the foregoing paragraph shall limit or restrict the Agency's policy of at-will employment. Therefore, the Chairperson may discharge, demote, or discipline any employee without cause, without prior notice, and/or without prior resort to progressive discipline,as explained in Section 2,commencing on page 2 of these Policies. d Section 25. LAYOFFS AND REDUCTION IN FORCE: d a a A. The Agency's activities are dependent upon various funding sources and changing developmental needs, some or all of which may from time-to-time be terminated or reduced w without advance notice. In the event of a reduction in anticipated income or a change in emphasis requiring a reduced staffing level in one (1) or more existing activities, or any other reason considered as justifying a reduction in force,the Chairperson of the Commission, with the approval of the Commission, shall have the authority to effect a reduction-in-force. m B. In the event of a layoff or reduction in staff, the Executive Director shall provide at least two (2) weeks' advance written notice to the employee or employees to be affected thereby, or equivalent notice of any demotion necessitated by a layoff or reduction in staff, Should an immediate layoff without advance notice be required, the employee shall receive two (2)weeks' severance pay in lieu of notice. 19 P:Ugerdasb�genda A"a<hmmts\Ageoda Attuhmem,Wg is-AmeM20ll\Ib19-2011-Pe..IPO&iesard PiaeMuro for EDA Emptoym Amendment TIM).doa. packet Pg. 301 Section 26. RESIGNATION: An employee who desires to terminate employment with the Agency may submit a written, signed resignation to their immediate supervisor prior to the intended resignation date. Before ternminatioA the employee is required to fill out the appropriate Agency termination of employment forms and return all equipment, keys, identification cards and any other Agency property. 0 Section 27. TUITION REIMBURSEMENT POLICY: d V 0 Because of the desire to encourage employees to further their education and work related a training, the Agency may reimburse full-time employees for educational tuition and related a course book expenditures after successful completion of the required course work. All courses must be approved in advance, in accordance with Agency procedures. All reimbursements for a tuition will be based upon and will not exceed the current tuition rates per unit at California State m University San Bernardino at the time the course is taken. c 12 Management and Confidential Unit. All participants shall be reimbursed 100% for a selected tuition costs and text books for previously approved job related courses, which will increase the value of the employee to the Agency, provided that the employee achieves a passing E grade of`B"or better. a Mid-Managers Unit. When an employee is required by the Agency to attend a particular course or seminar, the expense shall be borne entirely by the Agency. o W Reimbursement for all other courses will be for the cost of tuition or registration fees and N the required texts and related material for each course. Additional expenses such as meals and a parking fees are not reimbursable. A m Costs for required text are eligible for 100%reimbursement. <? a a6 Tuition or registration cost of fifty dollars ($50.00) or less are eligible for 100% a reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eligible for 75% reimbursement based upon the California State University San Bernardino per unit rates with proof of a passing grade of"C"or better. N An employee who desires to seek tuition reimbursement under the provisions of this section must complete an Educational Reimbursement Form, and submit it to his or her E immediate supervisor for advance approval. R General Unit. When an employee is required by the Executive Director to attend a particular course or seminar,the expense shall be borne entirely by the Agency. Reimbursement for all other courses will be for the cost of tuition or registration fees and the required texts and related materials for each course. Additional expenses such as meals and parking fees are not reimbursable. j 20 P:UgeMssUgeMs AnufimentSAgeuda AnzchmensUgmms-Amend 1011\Ib19-1011-Personnel Policies sM Procee&w JorEDA Employees A.,M.,.t(Cic.)d. Costs for required texts are eligible for 100%reimbursement. Tuition or registration costs of fifty dollars ($50.00) or less are eligible for 100% reimbursement. Tuition costs in excess of fifty dollars ($50.00) are eligible for 75% reimbursement based upon the California State University San Bernardino per unit rate with proof of a passing grade of"C"or better. An employee who desires to seek tuition reimbursement under the provisions of this section must complete an Educational Reimbursement Form, and submit it to his or her m immediate supervisor for advance approval. o IL Section 28. OVERAGES AND SHORTAGES: ae w m The Agency agrees that employees assigned to receive and/or disburse funds for the o Agency shall not be held liable for shortages, except in the case of fraud, embezzlement, any other illegal act, or gross negligence. All overages shall be the property of the Agency. This c section does not relieve the employee from being accountable for errors for purposes of performance evaluations and disciplinary actions. a Y Section 29. PERSONNEL FILES: E v Employees are authorized to review their personnel files at reasonable intervals. Employees may request one(1)page of data in their personnel files at no charge. The charge for ¢ preparing additional pages shall be $0.15 for each page. No employee shall have any comment c adverse to his/her interest entered in his/her personnel file, or any other file used for personnel w purposes by the Agency, without the member having first read and signed the instrument N containing the adverse comment, except that such entry may be made if, after reading such v instrument, the member refuses to sign it. Should an employee refuse to sign, that fact shall be noted on the document, and signed or initialed by the supervisor or the person who made the d document. a Section 30. VOLUNTARY LEAVE DONATION PROGRAM: a Voluntary leave donation program may be implemented by the Executive Director for the benefit of staff,who due to unforeseen circumstances,have long-term medical needs that may be N causing severe financial difficulty. The program may not cause a net increase in Agency r provided benefits to flow to staff. E t Upon request of an employee who is experiencing catastrophic illness,and upon approval of the Executive Director, leave credits (vacation or floating holidays) may be transferred from ¢ one or more employees to the affected employee under the following conditions: A. Sick Leave accruals cannot be transferred among employees. 21 PA4ca as\Agenda AvuhmentM,Ma AltacA cats4Agsmis-A ,d2011\1249-2011-Personnel Policies.,A Pro<eedwes for EOAE mp1.,,,A,,Hm.m(c lm n)do', Packet Pg. 303 I B. The employees with a catastrophic illness or injury has exhausted all other leave accruals and has completed at least one (1) year of continuous service with the Agency. C. Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from the Agency may donate leave only up to the amount of the payment they would receive upon separation. m D. Donations shall be on a form developed by the Agency, signed by the donating u employee, approved by the Executive Director. Q a E. Unused donated time that has been credited to the requesting employee's account will not be returned to the donor's account. 0 IL Section 31. PRE-EMPLOYMENT PHYSICAL AND DRUG TEST: d c c All offers of employment shall be conditioned upon the applicant undergoing a pre- y employment physical examination, at the Agency's expense, which will include a test for illegal a use of drugs. An applicant who does not successfully complete the drug test will not be hired. c The other results of the pre-employment physical will be handled and used in compliance with E the laws protecting persons with disabilities and the Agency's policy of non-discrimination and c reasonable accommodation. E a Section 32. AUTOMOBILE ALLOWANCE: c W Subject to authorization, regular full-time Management Unit employees (Executive N Director of the Agency, Deputy Director, Administrative Services Director and Director of ° Housing and Community Development) are eligible for a fixed monthly automobile allowance. _ The current automobile allowance authorized is $350 per month for the Deputy Director and d $300 per month for the Administrative Services Director and Director of Housing and Community Development. The Executive Director's automobile allowance is negotiated and allowed for in the Executive Director's contract as approved by the Commission. Regular full- CL time Management Unit employees receiving such automobile allowance are not eligible to use an Agency-owned vehicle or to receive mileage reimbursement, except for special prior approved ors circumstances. The Executive Director may require any employee to drive an Agency vehicle to and from work, if it is determined that the employee is "On Call" and/or it is in the best interest of the Agency operations. A valid driver's license in this case must be on file in the Agency's E offices. r v m This automobile allowance is separate from reimbursement for car rental or other a automobile travel expenses incurred in connection with authorized business travel, including mileage reimbursement in lieu of air fare when such mileage reimbursement is lower than the related air fare. 22 P.NgendulAgendaMna entAASeWsAttacln""kAgrmu.Amerd2011112-19-2011-PamvnelPaGci"andProcee dme sforEDAEmployeesAmerdment(Clean)doa.+ packet Pg. 304