HomeMy WebLinkAboutResolution 00-161 N.C.S. 09/05/2000
I' ~ 08/24/2000
Resoltlti®111~To. 00-161 N.C.s.
of the City of Petaluma, California
RES®L,iJTI®N APPit®VING SALARY AND SiJPJPLEIVIENTAL WAGE BENEFITS
FOIL EIVIPL®YEES IN ITNIT 8 (DEPAItT1VIENT HEADS
WHEREAS, the employees in Unit 8 are not represented by any recognized employee
organization; and,
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, is
required and empowered top make a recommendation to the City Council on matters related to
employee's compensation; and
WHEREAS, the City Manager has recommended that employees in Unit 8 receive salary
and supplemental wage benefits,
NOW, THEREFORE, BE IT RESOLVED: that the supplemental wage and benefits as
specified in the attachment 'for employees in this Unit, being in the best interest of the City, be
approved and shall become effective upon adoption effective July 10, 2000 through June 30,
2001.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) Q~djb~~Pt~ 7Q$~Ifi~l~C meeting form
on the ..-.5t.h day of ....SEp.t.emb.ex,....2.0.0.C1. by the
~
following vote:
Cit Attorney
AYES:Healy, Cader-Thompson, Keller, Maguire, Hamilton, Vice Mayor Torliatt
NOES: None
f,
ABSENT: Mayor ~ Thompson
ATTEST: 1
.......-..3.-..
City Clerk ` a.' . ~ 1 C e Mayo
Council F'
C~0..-1.~.~......
CA IU~HS Rcs. Nu . N.C.S.
08/24'/2000
CITY ®F PETALIJMA
CALIF'®1~NIA
COMPENSATION PLAN FOR UNIT 8
FISCAL YEAR 2000 - 2001
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TABLE O>F CONTENTS
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
Section 3. Compensation for Clothing Loss
Section 4. Vacation, Payment Of
Section 5. Sick Leave, Payment Of '
Section 6. Deferred Compensation
.Section 7. PERS Employer Paid Contribution
Section 8. Work During Local Emergency
Section 9. Uniform Allowance
Section 10. Retiree Benefit Payments .
Section 11. Health/Dental Care Cash Back
Section 12. Administrative Leave, Payment of
INSURANCE
Section 13. Health Insurance
Section 14. Dental Insurance
Section 15. Life Insurance
Section 1.6. Long-term Disability
Section 17. Vision Insurance
Section 18. Other Health and Welfare Payments
LEAVES
Section 19. Vacation
Section 20. Sick Leave
Section 21. Bereavement Leave
Section 22. Holidays
Section 23. Military Leave
Section 24. Leave Of Absence Without Pay
Section 25. Jury Leave
Section 26. Administrative Leave
OTHER
Section 27. Family Medical Leave Act
Section 28. Retirement
Section 29. Sexual /Romantic Relationships
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G'>ENERAL
Section 1. Term of Agreement
This compensation plan. shall be for a one (1) year term. for the Fiscal Year
' commencing July 10, 2000 through July 8, 2001..
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COIVIP~NSATION
Section~2. Salar
The salaries listed below shall be effective July~10, 2000.
PRINCIPAL APPOINTIVE
CLASSES
olice Chief $-8,274 $8,660 $9,093 $9,574 $10,025
ssistant. City Manager $7,976 $8,374 $8,793 $9,233 $9,695
irector of Community
evelopment $7,976 $8;374 $8,793 $9,233 $9,695
irector of Economic and
edevelo merit $7,976 $8,374 _ $8,793 $9,233 $9,695 .
irector of Finance ~ $7,976 $8,374 $8,793 $9,233 $9,695
' irector of Public Facilities and
Services $7,976 $8;374 $8,793 $9,233 $9;695
.irector of Water Resources and
Conservation $7,976 .$8,374" $8,793 .$9,233 $9,695
ire Chief $7,976 $8,374 $8,793 $9,233 $.9,695
irector of the General Plan
dministration $7,013 $7,364 $7,732 $8,119 $8;525
irector of Human Resources $6,865 $7,208 $7,568 $7,947 $8,344
irector of Parks & Recreation $6,759 $7,097 $7,452 $7,852 $8,216
Section 3'. Compensation For Clothing Loss
The City 1Vlanager"is authorized to provide compensation to City employees for
loss or damage to their clothing that occurs during the course of carrying out an
official. duty.. A request for compensation hereunder shall be submitted in writing,
in detail, to the City Manager via the department head concerned. The amount of
compensation if any, shall be at the discretion of the City Manager.
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Section 4. Vacation, Payment
Employees who- terminate employment shall. bepaid-in a lump sum for all accrued
vacation leave earned prior to the effective date of termination.
B. Vacation Bank Hours, Payment of
All banked vacation hours are.held in the Personnel Department. These amounts
shall be paid to the employee in the amount of ~10% of the banked hours per year
over aten-year period at the base rate of pay at the time of payment. Employees
leaving City service shah. be paid the balance remaining at separation. This
payment shall be made in the month of October or November.
Section 5. Sick Leave,. Payment ®f
In the event of the death or retirement of an employee -who has completed ten (10)
or snore years of continuous service with the City,. the employee shall be paid or
shall :receive to his benefit fifty percent (50°l0) of his accumulated but unused. sick
leave not to exceed 480 hours. The employee may elect not to receive this benefit
and instead place all sick leave hours into the PERS S~ick~ Leave Conversion.
Section 6. Deferred Compensation
~A Deferred Compensation Plan (457)
The City of Petaluma shall make available to the members of this unit the City's
Deferred Compensation Plan.
B Discretionary Plan (401(a))
Effective the establishment of a 401(a) Money Purchase Plan, the. City of
Petaluma will contribute $80.76 per pay period. ($2,:100 per year) for members of
this Unit.
Section, 7: PERS.Employer Paid Contribution
The percentage of each employee's PERS contribution previously paid by the City
prior to the adoption of this Compensation Plan as the Employer Payment of
Member Contribution (EPMC) shall instead be paid. to the employee who shall
then pay that amount to PERS. For purposes of withholding, the City shall defer
that portion of the employee's contribution paid to~PERS through Section
414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363. Therefore, for calculation of base salary at retirement, the employee shall
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now have an increased.base salarythat will include the total amount of the
employee's contribution to PERS preyouslypaid. as EPMC. The City wi1T
withhold the employee's contribution. from the employee's pay, and the City will
make the employee's. payment of the employee contribution directly to PERS on
behalf bf the employee. The employee may not make an election to take this
amount in salary and/or to .make the payment to PERS. The tax exemption does
not apply to FICA social security. The following is an example of the application
of IRC 414(h)(2) as applied to a miscellaneous employee.
An employee makes $1..,000 per month base salary. Under the prior contract the
employee was not responsible for paying 7% of the required employee
contribution. The City was responsible for paying 7% ($70.00), which was a City
responsibility that was. in addition to the $1,000 base salary.
Under'the 414(h)(2) method,. the EPMC will revert to salary and the employee's
base salary will now be $1070. Of this 7% (approximately $75.00) will be paid to
PERS from the $1070:. The full 7% will be tax exempt and this means the
employee will pay taxes on $995.00.
Section 8. Work During Local Emer~ency
Members of this Associafion who are required to work when called to an. activated
EOC Local Emergency shall be paid at their regular~hourly rate for all hours
beyond their normal workday.
Section 9. Uniform_Allowance
The classifications of Police. Chief and Fire Chief shall. receive $300.00 per year
as a Uniform Allowance. This amount shall be paid in December.
Section 10. Retiree BenefitPayments
An;ernployee with twenty (20) years of service and who is age 50 or older
..and who retirees on a'service retirement during the term ofthis agreement, will be
eligible for a service benefit in the amount. equal to $1-00 less the amount
contributed directly to the PEMCHA premium by the City. This payment will
continue.as long as the employee continues in the PEMCHA plan as a retiree.
Should the retired- employee not continue in the PEMCHA plan, that retired
employee' will be eligible for an amount of $100 as a direct payment as a retiree.
.service benefit. It is the responsibility of the retiree to notify the City in writing
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that he/she is not being covered by the PEMCHA plan and the City will
eominenee payment of the $100.00 at the beginning of the month following the
receipt ofwritten notice by the retiree
2. For employees retiring after September 1, 2000 and who meet the
service requirements listed in paragraph 1 above, those employees shall receive an
additional $30 permonth as a retiree service benefit.. Should the retired employee
not continue in the PEMCHA plan, that retired employee will be eligible for an
amount of $'130 as a direct ;payment as a retiree service. benefit. It is the
responsibility of the retiree to notify the City in writing that he/she is not being
covered by the PEMCHA plan and the. City will commence payment of the
$130.00 at the beginning of the month following the receipt of written notice by
the retiree.
.Section 11. >FIealth[D:ental Care Cash )Back
An eligible employee may request cancellation of the employee's City paid
medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes
upon presentation to the City of satisfactory proof that. he/she has medical and/or
dental insurance coverage from another source. Such a request maybe made
during the open enrollment for PEMCHA medical elections but will be, in all
cases; subject to the terms and conditions and cancellation requirements of the
particular plan.
When the employee has demonstrated such coverage to the City's satisfaction,. the
City will request cancellation. of the employee's medical.and/or dental coverage,
subject to the terms.and conditions of the particular policy. Upon actual
cancellation of the employees' medical coverage, and commencing on the date of
cancellation of such policy, the City will instead pay to the eligible employee, on a
monthly basis, an amount equal to 50% of the "equivalent_monthlyeost", as
defined. herein, of insurance coverage of said employee. In ,determining the
"equivalent monthly cost" of such coverage, the City shall calculate the monthly
premium.amount which would be paid by the City on the employee's behalf under
the Health Plan of the: Redwoods plan, based on the employee's coverage level
(e:g. self, self plus spouse; self plus spouse plus children) at the time of such
cancellation. However; if`the actual monthly costs of the employee's current plan
coverage is less than the monthly HPR cost, then the lower figure shall be used.
In .the event coverage is cancelled onlyfor the employee's spouse or dependent
children, the reimbursement will be 50% of the cost difference between the old
and new levels of coverage (as calcu]ated using the HPR plan).
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Upson such cancellation of the employee's dental. coverage, the City will instead
pay to the eligible employee, on a monthly basis; an amount equal to 50% of the
City's fixed monthly payroll charge .for this program.
Any employee canceling coverage will be required to meet all rules and
conditions of the particular plan, including, but not limited to, all rules and
. conditions governing administration, cancellation, and re-enrollment eligibility by
requesting a cash payment pursuant to this section, such employee understands
and agrees as a condition of receipt of this payment, that re-enrollment eligibility
Tito any plan is not guaranteed.
Section 12: Pay for iJnused Administrative Leave
The City shall pay off any unused Administrative Leave as of June. 30th-to a
maximum of 40 hours. Payment shall be at the employee's base pay rate as of
June 30th. This payment shall be made on the last pay-period for the Fiscal Year.
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INSI7RANCE
Section 13. Health Insurance
1. ACTIVE Employees
The City shall participate in the Public Employees' Medical Health Care Act
(PEMCHA) for members of this Unit. The designated premium paid by the City
toward this program shall be in-the amount of $100.00 per month per employee.
2. RETIIZED employees
Employees. who retire from the City of Petaluma will. receive contributions to their
medical premium while under the PEMCHA plan. This payment will increase in
the amount of $5'.00 per year until it reached the amount of $100.00 as listed in
paragraph 1 above.
Section 14. DentaLProgram ,
The City shall provide. for a group Delta Dental Program for City employee and
dependents in this Unit. Additionally, the City shall contribute toward an
Orthodontia Plan $1,;000 per child at a 50% co-payment rate. The City shall pay,
during the period of this Compensation Plan the full cost toward the City group
dental coverage program.
Section 15. Life Insurance
A. The City shall provide for a group terra life program for City employees in
this Unit. The City shall pay, during the course of the Compensation Plan, the
irisurariee premium towards employee only coverage for such insurance in the
principle sum of $50;000 per employee.
B. Management Life Insurance shall be in the amount of one and one-half (1-
1/2j times their annual salary rounded to the nearest even dollar, i.e., $12,000,
$13.,000, etc. not to exceed $125,000.
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,Section ;16. Long-term. Disability
The City shall provide for along-term disability plan... The City will pay this
premium.
Section 1'7. Vision Program
The City shall provide a Vision Plan for employees and dependents. The City
shall pay for premium increases during the term of this Compensation Plan.
Section 18. ®ther Health and Welfare Payments
The City shall provide to the .active members of Unit 8 additional monthly health
and.
welfare payments equal the PEMCHA Health Plan of the Redwoods premium
amounts less $100.00.
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LEAVES
,Section 19. Vacation
A. Amounts. All regular employees of the City of Petaluma, after
working one full year are entitled to the equivalent of eighty (80) hours of
vacation with.pay in the year following the year in which Vacation is earned.
All regular employees of the City of Petaluma, after five (5) years of
continuous service with the City, and beginning. with the sixth year, shall be
entitled to the equivalent of one hundred twenty (120) hours of vacation per year.
After ten. (10) years of continuous service with the City, eight (8) hours. of
vacation shall be added 'for each year of continuous service to a maximum of two
hundred (200) hours of vacation.
B. Scheduling. The times during a calendar year in which an employee
may take his/her vacation shall be determined by the department head with due
respect for the wishes of the employee and particular regard for the needs ofthe
service. If the requirements ofthe service are such that an employee cannot take
part or all of his/her annual vacation in a particular calendar year, such vacation
shall be taken during the following calendar year.
,Banked Hours.Hours that are banked under Section "Vacation, Payment
of maybe used upon submittal of a memo to the Personnel Department for
Vacation purposes. These~hours shall be deducted from the existing bank.
C. Vacation.Adjustment. Employees who are granted time off for
scheduled holidays shall not have such holidays charged as vacation leave when
the vacation leave and holiday(s) coincide.
D. .Accrual Limits Vacation accruals shall be capped at three (3) times
the amount listed in paragraphs A.
Section 20: Sick Leave
A. General
Sick leave with ~p~ay shall be granted to all employees as set forth in this section.
Sick Yeave is not a right, which an employee may use at his discretion, but.rather,
' shall be used,, onlyin cases of personal illness, disability or the serious. illness or
injury :of an .employee's family member, which requires the employee's attention.
The term family member shall include: spouse, children, parents, spouse's parents,
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brothers; .sisters,, or other individuals whose relationship to the employee is that of
a dependent or near dependent.
>6. Accrual
Sick cave shall accrue to all full-time employees at the rate of eight (8) ,
hours for each month of continuous service. No employee shall accumulate more
sick leave in any year than provided.
C. Relationship, To Workers' Compensation
Benefits shall be .payable in situations where miscellaneous employee's
absence is due to industrial injury as provided in California State Workers'
Compensation Law. During the first three (3) workdays when the employee's.
absence from work has been occasioned by injury suffered during his/her
employment and he/she receives Workers' Compensation, he/she shall receive full
pay. Following this period, sick leave may be a supplement to the Workers'
Compensation benefits provided the employee. Compensation is at his/her
regular rate for a period not to exceed six months, or until sick leave is exhausted,
or the disability is abrogated, or that employee is certified "permanent and
stationary" by a competent medical authority.. The City shall pay him/her the
regular salary, based on the combination of the Workers' Compensation benefit
plus sick leave.
All public safety employees receiving: full salaries in lieu oftemporary
disability payments pursuant to Section 4850 of the Labor Code are entitled to
accumulate sick leave during ,such periods of sick Leave. Sick leave for industrial
injury shall not be allowed .for a disability resulting from sickness, self-inflicted
injury or willful misconduct.
The Citymayretire any employee prior to the exhaustion of accumulated
sick leave, at which time. all accrued but unused sick leave shall be abrogated,
subject only to the limitations provided under this Memorandum of
Understanding.
D. Sick Leave 'T'ransfer Policy
An employee wishing to donate hours of sick leave to another employee
may do so by sending a,written request, approved by his/her department head, to
the Personnel Office naming the individual to receive the sick leave and the
amount donated, with the following restrictions:
1. Employees who wish to transfer sick leave must retain a minimum
of one hundred-sixty (160) hours of sick leave to be eligible to transfer sick leave..
2. All such transfers of sick leave are irrevocable.
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3. The employee receiving`the sick-leave transfer must have zero~(0)
hours of accrued sick leave, vacation and CTA leave on the•books.
4. Employees may riot buy or sell sick leave: Only the time maybe
transferred.
5. Employees may not transfer.sick leave upon separation of service.
6. Sick Leave Transfer shall be: allowed between all Units.
7. No more than ninety (90) workdays of'Sick Leave maybe received
by an employee for any one illness or injury.
Section 21. Bereavement,Leave
• In the event of the death of an employee's spouse, mother, step-mother,
mother-in-law, father, step-father, father-in-law; brother, sister, child, including an
adopted child, grandchild and graridparerit, or domestic partner as registered with
the City Clerks Office, an employee who attends the .funeral shall be granted time
off work with pay. The amount of time off work with.pay shall be only that which
is required to attend the funeral and make necessary funeral arrangements, but in
no event shall it exceed three (3;) working days. These three (3) days shall not be
chargeable to sick leave. An additional two (2) days required for necessary
funeral. arrangements maybe charged to the employee's sick. leave and any
additional time beyond these. two days maybe charged to accumulated vacation or •
leave without pay. Such bereavement leave shall not be accruable from fiscal year
to fiscal year, nor shall it have anymonetary value if unused.
Section 22. I~olidays
A. Fixed Holidays:
The City shall observe twelve (12) fixed-date holidays. These holidays shall be •
established for the City's fiscal year as determined by City Council resolution
The.Holdays for- FY 2000 / 2001 and. 2001 / 2002 are as follows:
Independence Day
Labor Day .
Columbus Day
Veterans' Day
Thanksgiving _Day •
Day After Thanksgiving
Christmas Eve
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Christmas Day
New Year's Day
1Vlartin'Luther King Day ~ -
Presidents' Day
Memorial Day
B. Floating liIolidays. ,
During the Fiscal Year the City will authorize one (1) "Floating Holiday" per
employee, which maybe taken by the employee at a time selected by the
employee,, subject to operational requirements and approval determined by the
City. Employees hired between July 1, and Decerriber 31, will be eligible for a
"Floating Holiday" during the course of the Fiscal Year.
Section. 23. lViilitary heave
Mil'tary leave shall be arranged in accordance with the provisions of State Law.
All employeesentitled to military leave shall give the appointing power an
opportunity within. the limits of military regulations to determine when such leave
shall be taken.
Section 24. Leave Of Absence Without Pay
The City Manager may grant a regular or probationary employee leave of absence
without paypursuarit to the :State and Federal Law. Good cause being shown by a
written request, the City 1Vlanager may extend the leave of absence without pay or
seniority or benefits for an additional period not to exceed.six (6) months. No
such .leave. shall be granted. except upon written. request of the employee setting
forth the reason for the request, and the approval will be in writing. Upon
expiration of a regularly approved leave or within a reasonable period of time
after notice to return to duty, the employee shall be reinstated in the position held
at`the'tme cave was granted. Failure on the part of an employee on leave to
report`promptly at its expiration, or-within a reasonable time after notice to return
to duty, shall be cause for discharge.
Section 25': Jury Leave
Every classified employee of.the City who is .called. or required to serve as a trial
juror shall be entitled to .absent himself from .his duties with the City during the
period of such service or while necessarily being present in court as a result of
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such call. Under such circumstances, the. employee shall be paid the difference
between his full salary and any payment received by him, except travel pay, for
such duty. This compensation shall not .extend beyond twenty (20) working days.
Section 26 Administrative Leave
Members of this Unit are eligible for administrative leave. Days maybe granted
by the City Manager upon written. request, not to exceed eighty (80) hours-per
Fiscal Year.
Section 27. Family Medical Leave Act
Pursuant to the Family and Medical Leave Act of 1:993, FIVILA leave maybe
granted to an employee who has been employed for ati aeast twelve (12) months by
the City and who has provided at least 1,250 hours of service during the twelve
(T2) months before the leave is requested. The leave maybe granted up to a total
of twelve (12) weeks for the following reasons:
A. Because of the birth of a child or placement'for adoption or foster
care of a child:
B. In order to care for the spouse, son, daughter,. parent, or one who
stood in place of a parent ofthe employee, if such spouse, son, daughter, parent,
or "in loco parentis" has a .serious health condition;
C. Because of a serious health condition that makes the employee
unable to perform his employment functions. .
The employee must provide the employer with thirty (30) days advance notice of
the leave; or such notice as is practicable,. if thirty (3.0 days notice is not possible.
The employee must provide the employer with certification.. ofthe condition from
a health care provider. The employer, at employer expense, may require a second
opinion on the validity of the certification. Should a conflict arise between health
providers, a third and binding opinion, at employer expense will be sought.
An employee. seeking FMLA leave must first use paid sick time (if applicable)
and vacation liefore going on unpaid leave. The total amount of family leave. paid
and. unpaid will. not exceed a total of twelve (12) weeks. In any case in which a
husband and wife entitled to family leave are both, employed by the employer, the
aggregate number of workweeks of leave to which both maybe entitled maybe
limited to twelve (12) weeks if such leave is taken because of the birth of a child
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or placement for adoption or foster. care. of a'child. The employee will be
.responsible for his share of the health,nsuraace cost, during the leave. If the
employee does not return from the leave;. he is responsible for the total insurance
premium paid by the employer.
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®THER
Section 28. .Retirement
The City of Petaluma's retirement plan under the Public Employees' Retirement
System shall. consist of the following items:
Options; Miscellaneous
2%@55
1959 Survivors Benefit (Level 3)
One-Year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service
Options:_~'ire
2% @ 50
3% @ 50 effective the beginning of the last pay period of June 2001
1.959 Survivors Benefit (Level 4) Section 21382.4
One Year Final Compensation
Unused Sick Leave Credit
Military Service. Credit as Public Service (Section 20930.3)
Post Retirement Survivors Allowance (Sections 21263, 21263.1 and
21263.3)
Options: Police
2% @ 50
3% @ 50 effective the beginning of the last pay period of June 2001
.1959 Survivors Benefit (Level 4)
One-Year Final Compensation
Unused Sick Leave Credit
Section 29. Romantic /Sexual Relationships
PURPOSE
1. To establish. policy to .prevent. a conflict to interest or adverse impact on supervision,
productivity, safety, or security when supervisors, managers, and co-workers engage in romantic
/ sexual relationships. '
SC®PE
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1. This policy addresses romantic and/or. sexual `relationships between supervisors/managers and
employees where the supervisor/manager may evaluate the employee's work performance,.
provide recommendations for merit increases; determine job assignments, provide promotional
opportunities,, issue discipline or provide development or economic opportunities such as training
or overtime.
2. This policy addresses romantic and/or sexual relationships between any two employees where it
creates an adverse effect on productivity, safety, or security or involves a conflict of interest.
PiZOCEI)URES -
1. Supervisors and Managers
Romantic and/or sexual relationships are not allowed between asupervisor/manager and
employee while the employee is subject to the supervisor's/manager's influence. The Appointing
Authority (e.g., department head) is responsible for taking appropriate action in these situations
when they occur.
a. Should asupervisor/manager develop a romantic or sexual relationship with an employee
under his/her .influence, it is the supervisor's/manager's responsibility to inform the
department.head of the relationship.
b. Where possible, the department head- shall transfer the manager/supervisor from the
position of .influence over the other party to the relationship. If this is not feasible, other
appropriate arrangements will be made.
c. One party to a relationship. will not be placed under the influence of the other party to the
relationship.
2. Co-Workers
When a romantic and/or sexual. relationship between co-workers creates an adverse effect on
productivity, safety, or security, or involves an identifiable conflict of interest. that may
detrimentally impact operations, the department head has the responsibility to correct the adverse .
effects -and has the right to transfer one or both parties. to different work Units in the. same
department, or to recommend to the City Manager transfer of one or both parties to positions in
other City deparfrnents.
RESP®NSIBdLITY
Each manager and supervisor is responsible for implementing this policy within his or her area of
responsibility.
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