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Resolution No. 2013-042RESOLUTION NO. 2013-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING NEW PERSONNEL POLICIES AND PROCEDURES RELATING TO EMPLOYMENT WITH THE CITY AND EMPLOYEE WORK ENVIRONMENT WHEREAS, on November 20, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-231, approving a Personnel Policies and Procedure Manual and adopting the following policies: (i) Requesting & Recruiting Personnel, (ii) Testing, Certification & Eligibility, and (iii) Acting Appointments; and WHEREAS, by memorandum dated March 19, 2013, the Director of Human Resources has recommended that the City adopt the following new policies: (i) Terms of Employment, (ii) Probationary Periods (iii) Secondary Employment and (iv) Employee Separation and incorporate said policies into the Personnel Policies and Procedure Manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. RESOCCO31913 SECTION 3: The City Council of the City of Vernon hereby approves and adopts the following new policies as a part of the Personnel Policies and Procedure Manual, as attached hereto as Exhibit A: (a) Terms of Employment (b) Probationary Periods (c) Secondary Employment and (d) Employee Separation. SECTION 4: The City Council of the City of Vernon hereby authorizes and empowers the Director of Human Resources, or her designee, to make whatever nonsubstantive and administrative changes, upon advice of counsel, to the policies as are necessary from time -to - time in order to conform with state and federal laws and to carry out the intent of this Resolution. SECTION 5: All Resolutions, parts of Resolutions, or minute orders in conflict with this Resolution are hereby repealed. SECTION.6: It is the intent of the City Council of the City of Vernon that the policies adopted herein supersede and replace in their entirety any policy or portion of any related policy previously adopted relating to employment with the City and employee work environment. - 2 - RESOCCO31913 SECTION 7: The Interim City Clerk, or Deputy City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19th day of March, 2013. J�c Name: William J. Davis EST: Doifia Reed ` Interim City Clerk /- Deputy CityC1-e k APPROVE AS TO FORM: 3110 Nicho as George Rodriguez, City Attorney Title: Mayor - 3 - RESOCCO31913 STATE OF CALIF'ORNIA ) ) ss COUNTY OF LOS ANGELES ) I Dana Reed Interim City Clerk / the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-42, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, March 19, 2013, and thereafter was duly signed by the ayor or Mayor Pro-Tem of the City of Vernon. Executed this a[orday of March, 2013, at Vernon, California. (SEAL) V Dana Reed' Interim City Clerk - 4 - RESOCCO31913 EXHIBIT A City of Vernon, California Human Resources Policies and Procedures Director of Human Resources City Administrator Effective Date: Number: 1-1 SUBJECT: TERMS OF EMPLOYMENT PURPOSE: To specify and define employment terms for uniform use and interpretation. POLICY: All full-time regular employees are considered classified employees and participate in a competitive examination process and retain a property interest in their jobs after successful completion of their probationary periods. Part-time, temporary, and full-time non -classified employees serve at the will of the appointing authority. NOW CLASSIFIED POSITIONS: The following job positions are non -classified positions. The employees in these positions serve at the will of the City Administrator, and do not have any property interest in their jobs. A. Temporary Employees: Employees not exempt from the Fair Labor Standards Act who are hired only for a specified, limited period of time. There is a six month employment period limit for all temporary appointments. However, with written justification from the appointing department and City Administrator approval, an extension of no more than six months may be granted. In no event shall a temporary employee be allowed to work more than twelve (12) continuous months in the same classification unless approved by the City Administrator due to special circumstances. This limitation of the term of employment also applies to dual classifications. These employees are eligible for overtime but are not eligible for any other benefits not required law. B. Part -Time Employees: Employees who work a maximum of 1000 hours or less per fiscal year. These employees are eligible for overtime, but are not eligible for any other benefits not required by law. C. Full -Time Non -Classified Employees: Employees who are regularly scheduled to work at least 40 hours per week and who do not retain property interests in their jobs. These employees are entitled to full benefits from the City. Non -Classified full time employees serve at the pleasure of the appointing authority and have no property interests in their positions, other than as may be established in at will employment agreements authorized by the. City Council from time to time. Number: I-1 Effective Date: A full-time non -classified position is created when it is determined by the City Administrator that the City requires a classification to perform top level administrative, managerial, professional and/or confidential functions with direct accountability to the appointing authority. Upon reasonable notice to affected employees, the City Administrator may create other full-time non -classified positions. No changes in the Classification Plan will be made without the approval of the City Council. NON -CLASSIFIED POSITIONS: The following Director positions are the established full-time Non -Classified positions of the City of Vernon: City Administrator City Attorney City Clerk Community Services & Water Director Finance Director/City Treasurer Fire Chief Director of Health & Environmental Control Human Resources Director Director of Light & Power Police Chief CLASSIFIED POSITIONS: All other full-time positions within the classification system adopted by the City Council from time to time are Classified positions. These employees who are regularly scheduled to work 40 hours per week and are entitled to full benefits from the City. Classified employees have a property interest in their positions once they have satisfactorily completed their probationary periods. TYPES OF POSITIONS - A position is the basic unit of an organization within the classification system adopted by the City Council from time to time and the corresponding duties and responsibilities assigned by management that requires the full or part-time employment of one person. Specific types of positions in the City organization are: A. Regular Full -Time - A position established to provide service on a full-time, ongoing basis into the future. B. Reaular Part -Time - The same as Regular Full -Time except that the work schedule involved shall not exceed 1000 hours total each fiscal year. Such work schedule may be of an irregular nature including short shifts at various times and various days of the week. C. Temporary -A position established to provide service not to exceed 1000 hours during any fiscal year. Such positions may be filled on a full-time or part-time basis. Number: 1-1 Effective Date: TYPES OF APPOINTMENTS - An appointment is the offer, by an appointing authority and acceptance by a person eligible under City policies and laws, of a position in City employment that is made in accordance with approved policies and procedures. Specific types of appointments to positions in the City organization are: A. Regular Appointment (Classified Service) - An appointment made from a certified eligible list to a budgeted position and subject to successful completion of a probationary period. B. Temporary Appointment (Non -Classified Service) - An appointment to a position established for a definite length of time, for a special project that shall cease to exist at the end of a stated time, for a regularly recurring need, or to alleviate cyclical or peak work loads. Such appointment is not to exceed, on a full-time or part-time basis, 1000 work hours in a fiscal year. No benefits are provided. The City Administrator or designee may authorize the temporary appointment of a qualified individual designated by a department head to a grant funded position or a specially budgeted project that shall exceed 1000 work hours in a fiscal year. Full benefits or mandatory benefits only, may be authorized depending on the terms and conditions of the grant. C. Regular Appointment (Non -Classified Service) - An appointment made by the City Administrator, or other City official designated to hire outside the classified service. Such appointments shall be made to an authorized position typically from a certified eligible list. All appointments in this category shall be designated "at will' and subject to the terms and conditions of at will employment agreements authorized by the City Council from time to time. D. Acting/Interim Appointment - A temporary appointment of a qualified candidate made to a regular full-time or part-time position where there is no appropriate list of eligible persons, or when there is an insufficient number of persons on an appropriate list who are willing to accept appointment, and when all other recruitment measures have been exhausted. Such appointment shall expire when an eligible list has been prepared and a regular appointment made, or shall automatically expire when 1000 work hours are completed in a fiscal year. The Director of Human Resources must certify eligibility of such appointment prior to making a job offer. The City Administrator may authorize an acting appointment that exceeds 1000 work hours for an authorized leave of absence where the incumbent has reinstatement rights or for an extended recruitment. Upon reinstatement of the incumbent or hiring of an individual, the acting employee shall be returned to the position previously held. Number: 1-1 Effective Date: E. Appointments Outside the Hiring Process - Where an emergency, or other temporary need exists for additional help not elsewhere addressed in this policy statement, a department head may, subject to the approval of the City Administrator and Director of Human Resources: 1) 2 Week Emergency Direct Hire: Hire any individual considered qualified for emergency work for a period not to exceed 14 calendar days at any one time. 2) 90 Day Hire Via Temp Agency: Utilize the services of an agency supplying temporary, short term or emergency help for a period not to exceed 90 days. 3) Contract Employment (Independent Contractors) - The practice of engaging individuals under contract for personal services may be utilized only where it has been demonstrated that an employer -employee relationship does not exist. All such contracts for personal services must be approved by the City Attorney. 4 City of Vernon, California Human Resources Policies and Procedures Director of Human Resources City Administrator Effective Date:_ Number: I-6 SUBJECT: PROBATION AND TRAINING PERIODS PURPOSE: To describe the terms and conditions of probation and training. periods. A. PROBATION PERIOD (PERMANENT FULL TIME EMPLOYEES ONLY): DEFINITION OF PROBATION Probation is defined as a period of tentative appointment to a permanent -full-time position, during which competence and fitness for that position shall be judged from actual performance of the essential functions of the job. PROBATION PERIOD POLICY The probation period shall be considered a part of the selection process, affording the appointing authority an opportunity to evaluate those factors and qualities which may not have been determined by formal testing procedures. Before employees are appointed to their positions on a permanent, classified (i.e. non -at will) basis, such employees must satisfactorily complete a probation period. Failure to meet the performance standards for a position is not considered discipline. An employee serving a probationary period has no property interest in his or her position until the probationary period is successfully completed, and the employee is considered at -will during the probationary period. 1. Probation required - Probationary periods shall be required for all appointments/promotions to regular full-time classified positions for: a. Initial hire into the City service b. Promotion in which an employee moves from a position in one class to a position in another class with a salary range having a higher maximum rate of pay c. External departmental transfer (except in case of transfer in lieu of layoff, or reorganization) d. Rehire, if more than 12 months have elapsed since voluntary separation Number: 11=6 Effective Date- 2. Probation not required - Probationary periods shall not be required for: a. Appointments of a temporary, emergency, or of an "acting" nature b. Status change in which an employee has no change in duties and responsibilities as a result of changing the number of hours worked per week (e.g. moving between full-time and part-time) within the same classification and department (e.g. Administrative Assistant working 40 hours a week instead of 20 for the same department). In order for this section to apply, the employee must have worked in the classification 1040 hours to satisfy the 6-month probationary period or 2080 hours to satisfy the 12-month probationary period. c. Internal departmental transfer within the same classification i d. Reclassification of position e. Internal or External department transfer in lieu of layoff or reorganization f. Voluntary demotion (non-performance related or in lieu of discipline) Length of Probationary Periods — a. General rule: Probationary periods shall be for 6 months of continuous service in that classification for general employees and 12 months of continuous services in that classification for safety employees. b. Calculation of start of period. The actual date set for purpose of calculating the start of the probation period shall be the first date of hire (for a new employee), and for other employees, the first date of the pay period for which the new classification applies (typically the first day of the pay period that starts after the new classification is announced). 4. Extension of Probationary Periods — An employee's initial probation may be extended, at the Department Head's discretion, if necessary, for a period not to exceed 6 months. The Department Head are encouraged to confer with the Human Resources Department prior to taking action. If extended, such action must be taken during the initial probationary period. Any extended period of absence from duty for 20 working days or more for any reason except scheduled vacations, shall automatically cause a probation period to be extended for a period equal to the period of absence. 5. Performance Reviews - Department Heads shall initiate performance evaluations on all probationary employees. These records may be considered in decisions related to employee's eligibility to continue employment during the probationary period. 6. Status upon Completion of Probation - A permanent appointment to a position in the City service shall be made upon satisfactory completion of the probationary period. The Department Head shall draft appropriate documents to retain or not to retain a probationary employee. Upon being appointed to a position that is both regular and permanent, an employee has a property interest in the employee's job, thus giving the employee certain rights required by law. 2 Number: 11=6 Effective Date- 7. Separation During Probationary Period - If at any time during the probationary period, including any probationary extension period, the appointing authority determines that the employee does not meet standards for the position, the employee shall be separated from the position without right of hearing or appeal. Employees who are discharged from probationary positions have the right to return to their former regular position with the City, if any. To have this right, the discharged employee must have held a position with the City for which the employee had satisfactorily completed any probationary period. Except for safety personnel, the former position must be vacant with no incumbent occupying the position previously held by the employee. B. TRAINING PERIOD (PART TIME EMPLOYEES) DEFINITION OF TRAINING PERIOD Training period is defined as a period of training in any part-time position in the City during which competence and fitness for that position is judged from actual performance of the essential functions of the job. TRAINING PERIOD POLICY Part-time employees shall serve a 6 month training period. The training period may be extended up to 6 months at the discretion of the Department Head. Failure to complete the training period satisfactorily will result in discharge from the training position. The satisfactory completion of this training period does not give these employees a property interest in their jobs, nor does it in any way alter the employment status of these employees to be anything other than at -will. PROCEDURE: Responsibility Human Resources Department Department Head or Supervisor Human Resources Department Action 1. Distributes list of probationary and training employees to departments on a monthly basis. 2. Completes the Probationary or Training Performance Appraisal and provides feedback to employee related to performance or conduct. 3. Receives reviews and files Probationary/Training Performance Appraisal. 4. Consults with City Administrator and as necessary with City Attorney on the application of the policy. City of Vernon, California Human Resources Policies and Procedures Director of Human Resources City Administrator Effective Date: Number: I-7 SUBJECT: SECONDARY EMPLOYMENT OR BUSINESS ACTIVITY PURPOSE: To provide guidelines for City employees engaging in employment with a second employer or engaging in self-employment. POLICY: Any employee of the City shall inform his/her Department Director or designee, the Director of Human Resources, and the City Administrator that they engage in any employment, activity or enterprise for compensation ("secondary employment") in addition to their regular employment with the City. An employee proposing to engage in any secondary employment shall inform his or her Department Director prior to engaging in the secondary employment in writing of the time to be spent on such activity and the nature of the activity when he or she begins the activity. The employee shall obtain a "Secondary Outside Employment Form" from the Human Resources Department and submit the completed form to the employee's Department Director or designee for evaluation. Forms must be submitted at least two weeks before starting such secondary employment or self-employment. The "Secondary Outside Employment Form" need not be completed on an annual basis — only when/if the secondary employment changes. In evaluating a secondary employment, the City retains the right to consider whether such secondary employment may impact the organization as follows: Impairment of Efficiency and Physical Well -Being - The secondary employment must not involve such time demands or performance of such arduous tasks so as to interfere with employee effectiveness or leave the employee tired or subject to injury in the City position. 2. Workers' Compensation -The secondary employment must not leave the City liable for any injury or illness incurred in such secondary employment. 3. Conflict of Interest and Public Relations - The secondary employment must not, or must not have the potential to, adversely affect or reflect upon the employee, the employee's position with the City, or the City. Number: 1-7 Effective Date: Secondary employment without notification can result in disciplinary action up to and including dismissal if any of the above three (3) factors negatively impact an employee and/or the City. Notification for secondary employment is evidenced only by a copy of the "Outside Secondary Employment Form with all required signatures. City employees are prohibited from contracting or engaging in business activity with the City of Vernon as a source of secondary employment with the City, including the performance of services outside the scope of their normal employment duties and responsibilities. City employees are prohibited from pursuing a business license or secondary employment within the boundaries of the City if said activity is for the purpose of providing services on behalf of an approved City of Vernon vendor or contractor doing business with the City, if said services is similar or equivalent to their duties as a City employee. For example, a maintenance worker who opens a business activity to conduct maintenance work for a City assigned contractor or vendor. As an adjunct to the above, the employee shall not use city time, facilities, equipment, or supplies for private gain on more than a de minimis basis unless prior approval has been secured from the employee's Department Director or designee, the Director of Human Resources, and the City Administrator. Likewise, the employee shall not use the badge, uniform, prestige or influence of the City for the employee's private gain or advantage, unless prior approval has been secured from the employee's Department Director or designee, the Director of Human Resources, and the City Administrator. This policy does not apply to sworn personnel assigned to security or safety duties pursuant to and consistent with the City's film permit requirements. POLICE DEPARTMENT POLICY: All Police Department personnel shall refer to the Police Department Outside Employment Policy and Procedure adopted by City Council Resolution No. PER-1129 attached herewith. Responsibility Employee Police Department Employee Action Notifies immediate supervisor that secondary employment is being considered. 2. Obtains an "Outside Secondary Employment Form" from the Human Resources Department. 3. Completes and signs form. a. Submits to immediate supervisor for processing. 4. Follows policy and procedures provided in the Police Department Outside 2 Number: 17 Effective Date: Employment Policy and Procedure adopted by Resolution No. PER-1129. (see attachment 2) Department Director 5. Evaluates request and considers impact on department and organization. Either approves, approves with modifications, or disapproves. a. If disapproves, notifies employee with reason for disapproval. b. If approves or approves with modifications, transmits to Director of Human Resources for further processing. Director of Human Resources 6. Reviews and recommends to the City Administrator approval, approval with modifications, or disapproval of the request. City Administrator 7. Reviews request. a. Approves or approves with modifications and transmits to the Human Resources Department. b. Disapproves request and transmits, with reason(s), to the Department. Human Resources Department 8. Receives form and places in employee's official personnel folder. Notifies employee and Department Director, via e-mail, of City Administrator's decision. Attachment: Outside Secondary Employment Form Police Department Outside Employment Policy — Resolution no. PER-1129 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 26 27 28 RESOLUTION NO..PER-1129 A RESOLUTION OF THE PERSONNEL COMMITTEE OF THE CITY OF VERNON APPROVING AND ADOPTING AN OUTSIDE EMPLOYMENT POLICY FOR THE VERNON POLICE DEPARTMENT WHEREAS, it is the policy of the City of Vernon to protect the constitutional rights of all citizens regardless of their race, color, ethnicity, disability, gender or religion; and 11 WHEREAS, the Vernon Police Department has developed an Outside Employment Policy for Police employees, which policy will eventually be incorporated into an updated Manual of Policy, Ethics and Procedure of the Police Department; and WHEREAS, on December 13, 2005, the Personnel Committee considered the recommendation of Bruce V. Malkenhorst, Jr., Assistant City Attorney, dated December 8, 2005, that the Outside Employment Policy be approved. NOW, THEREFORE, BE IT RESOLVED BY THE PERSONNEL COMMITTEE OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The Personnel Committee of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The Personnel Committee of the City of Vernon hereby approves and adopts the Outside Employment Policy, a copy of which is attached hereto as Exhibit A and incorporated by reference.' 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and affect. APPROVED AND ADOPTED this 131" day of December, 2005. (ATTEST: BRUCE V. MALKENHO Acting City Clerk T, JR., - 2 - „C��.y I .L{. _ LEONIS C. MA URG, Chairman 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of 5 Vernon, do hereby.certify that the foregoing Resolution, being 6 Resolution No. PER-11'29, was duly adopted by the Personnel Committee of 7 the City of Vernon at a regular meeting of the Personnel Committee duly 8 held on Tuesday, December 13, 2005, and thereafter was duly signed by' 9 the Chairman of the Personnel Committee of th ity of Vernon. 10 11 BRU V. MALKENHORST, JR. 12 Acting City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - EXHIBIT A OUTSIDE EMPLOYMENT PURPOSE AND SCOPE In order to avoid actual or perceived conflicts of interest for Departmental employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside'employment shall be at the discretion of the Chief of Police in accordance with the provisions of this policy. Decisions relating to outside, employment will be made in a non-discriminatory manner. Consent for outside employment will not be unreasonably withheld. DEFINITIONS Outside employment shall mean any employment to which an employee is not directly assigned within the Chain of Command within the Police Department. OBTAINING APPROVAL No member of this Department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure.to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action. In order to obtain approval for outside employment, the employee must complete a memorandum, which shall be submitted to the employee's 'immediate supervisor. The application will then be forwarded through channels to the Office of the Chief of Police for consideration. The memorandum shall detail the name, address and phone number of the outside employer, as well as a detailed description of the job description and responsibilities. for the position. REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS Any outside employment permit may be immediately revoked or suspended based upon, but not limited to any of the following circumstances[ (a) Should an employee's performance at this agency decline to a point where it is evaluated by a supervisor as "needing improvement" to reach an overall level of competency, the Chief of Police may, at his/her discretion, revoke any previously approved outside employment pennit(s). That revocation will stand until the employee's performance has been reestablished at a "satisfactory' level. (b) Failure to adhere to department policies and procedures. (c) Suspension or revocation of the previously approved outside employment permit may be included as a term or condition of sustained discipline. (d) If at any time during the term of a valid outside employment permit, an employee's conduct or outside employment conflicts with the provisions of Department policies, the permit may be suspended or revoked. (e) When an employed is unable to perform at "full duty" capacity due to an injury or other condition, any previous approved outside employment permit will be rescinded automatically until the employee has returned to full duty status. (1) The Chief of Police, at his discretion, may provide a reasonably time frame for the revooation of outside employment in order for the employee to give a responsible and professional notice to the outside employer. PROHIBITED OUTSIDE EMPLOYIVONT . Consistent with the provisions of Government Code § 1126, the Department expressly reserves the right to deny any Outside Employment Application submitted by an employee seeking to engage, in any activity which: (a) Anyother employment which the City.of Vernon Chief of police deems to be incompatible or inconsistent with the position of vemon Police Officers or non -sworn members of the Police Department. (b) Involves the employee's use of departmental time, facilities, equipment or supplies,, the use of the agency badge, uniform, weapon, identification, prestige or influence for private gain or advantage. (c) Involves the employee's receipt or acceptance of any money or other consideration from anyone other than this Department for the performance of an not which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as part of the employee's duties as a member of this Department. (d) Involves the performance of an act in other than the employee's capacity as a member of this Departnenl, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other employee of this Department. (e) Involves time demands, which would render performance of the employee's duties for this Department less efficient. (1) Private investigator (g) Bartender (h) Bouncer (i) Sales clerk position in liquor store or gun dealership (j) Process server (k) Repossosser or employment in support of a repossessor (1) Debt collector (m) Legal practice of criminal defense (u) Car dealer; handicapper, change maker; caller; k000 runner; pit boss; table waitress; or employment in any gaming establishment. (o) Bodyguard (p) Employment as a "keeper". (q) Funeral escort work, traffic control, or the wearing of the uniform resembles that a Peace Officer is required. AGENCY RESOURCES Employees are prohibited from using any agency equipment or resource in the course of or for the benefit of any outside employment. This shall include the prohibition to access official records or databases of this department other agencies through the use of the employee's poeitiou with this department. REVIEW OF FINANCIAL RECORDS Employees approved for outside employment expressly agree that that their personal finance records may, be requested and reviewed/audited for potential conflict of interest pursuant to Government Code §3308. TERMINATION OF OUTSIDE EMPLOYMENT if an employee terminates his/her outside employment during the period of a valid permit, the employee shall promptly submit written notification of such termination to the Chief of Police through the Chain of Command. Any subsequent requests for renewal or continued outside employment must thereafter be proIcessed.and approved through the normal procedures set forth in this policy. RENEWAL OF OUTSIDE EMPLOYMENT PERMIT All employees who have received a work permit shall at the beginning of each calendar quarter, submit a memorandum updating his/her outside employment status. Outside employment permits shall be valid during each calendar year and must be renewed on an annual basis. OUTSIDE EMPLOYMENT LICENSING'REQUIREMENTS All employees seeking outside employment shall provide.proof of proper licensing before approval may be granted. OUTSIDE EMPLOYMENT: LIABILITY The City of Vernon will not assume liability for personnel engaged in outside employment insofar as these employees are acting in the capacity outside the nomad scope of their employment with the City of Vernon. In all cases, the outside employer will be required to enter into an Indemnification Agreement stating that the employee is not acting for or on behalf of the City of Vernon in his or her. outside employment prior to approval. EMPLOYMENT RESTRICTIONS Permission for outside employment shrill not be approved or may be revoked for an officer at the sole discretion of the Chief of Police if the outside employment brings discredit or disrepute upon the Department and/or if the circumstances warrant it, including but not limited to if any of the following statements is true. o T£the erployment involves an establishment where the sale of liquor is present • If the employment requires any affiliation, membership or allegiance which could interfere with the proper discharge of the Department's duty or cause a conflict or the appearance of a conflict of interest with the Department, • If the employment involves investigation or other work in which the officer may avail himself to his access to official police information records, files or databases of this Department or other agencies through the use of the employee's position with this Department. • If the employment occurs within eight hours of the beginning of the employee's next work shift, if the employment which causes the employee to become financially interested in any contract, ualo or transaction to which the City of Vernon is s party. • Arrests and reports made by personnel in the performance of their outside employment and any overtime and court time resulting in such arrest and report shall not be compensated by the City inasmuch as the action undertaken is not in the scope of their normal employment. • Court time resulting from outside employment shall not be compensated by the City of Vernon, nor shall the employee be allowed to take on -duty time for the attendance of such court time without requiring compensatory.time, vacation time, or other such leave in compensation for absence from his/her assigned duties. No employee shall be allowed to receive pay concurrently from both outside employment and a city relatbd court case. Outside employment shall not require an employee to work for a company licensed or doing business in the City of Vernon. Duties for the outside employer shall not be conducted within the City of Vernon. • Consistent with Department policy, an employee shall complete an incident report detailing any arrests or detention resulting from a private employment. City of Vernon, California Human Resources Policies and Procedures Director of Human Resources City Administrator Effective Date:, Number I-8 SUBJECT: EMPLOYEE SEPARATION PURPOSE: To define the procedure for separating employees from City service due to resignation, retirement, termination, or death, and to provide for the orderly accounting and return of issued work items belonging to the City of Vernon. POLICY: Notice of Separation/Departmental Forms Processing a. An employee is asked to notify his or her supervisor at least two weeks prior to the date he or she intends to separate from employment with the City. At the time of notice, if the employee is voluntarily resigning, the employee will complete and'sign a Resignation Form. In the event of a planned retirement, an employee should attempt to provide sufficient notice to the department to allow for budgeting of possible sick and vacation leave payoffs. See Retirement Policy (CalPERS), for more information on retirement. b. In all cases, the Notice of Employee Separation Form will be completed and, if possible, signed by the employee. c. The supervisor will collect City -owned items from the employee to account for all City -owned items received during employment. The replacement cost of items not returned by the employee will be noted on the Personnel Action Form and deducted from the employee's final paycheck. . d. Departments will notify Human Resources of impending separation by submitting a Personnel Action Form (PAF) with the above -mentioned information. Number: /-8 Effective Date: 2. Separation Processing Appointment a. It is the separating employee's responsibility to schedule an appointment with the Human Resources Department for separation processing. The employee may request that this appointment be conducted in person or by telephone. b. Separation processing includes discussion of benefit -related issues including: Final paycheck and/or payoff check 2. Public Employees' Retirement System (PERS) 3. Deferred compensation 4. Health and dental insurance 5. Retiree programs (if applicable) 6. Address changes/verifications 7. Other benefits information c. Temporary employees are not required to schedule a separation processing appointment. 3. Death of Employee a. Departments must notify the Human Resources Department immediately of the death of an employee. The forms identified in Section 1 (b-d) must be completed and returned to Human Resources. Departments may also request that a representative be available on -site to assist co-workers in dealing with the employee's death. Departments may also wish to refer surviving family members for grief counseling. The Human Resources Department staff is also available to coordinate such services. b. The Human Resources Department will coordinate the completion of all necessary paperwork for benefit claims including Life, Accidental Death and Dismemberment (if applicable), and CalPERS with the deceased employee's beneficiaries. Human Resources will also request that the appropriate deferred compensation representatives contact the employee's beneficiaries, if applicable. c. The Payroll Division of the Finance Department will calculate the final paycheck and deliver it to the beneficiary listed on the employee's most recent Designation of Beneficiary Authorized to Receive Final Payroll Check in the Event of Death Form. 2 Number: 1-8 Effective Date: PROCEDURE: Responsibility Action Employee 1. Notifies Supervisor of intention to separate at least two weeks prior to effective date. 2. Schedules and then completes a personal or telephone separation processing appointment with Human Resources. 3. Completes and submits all paperwork provided during exit interview. Department 4. Ensures that the Resignation Form, Employee Separation Form and Personnel Action Form are completed and submitted to Human Resources. 5. Collects and records all returned City - owned items into the computer database to account for all City -owned items received during employment. 6. The replacement cost of items not returned by the employee shall be noted on the Personnel Action Form to deduct from the employee's final paycheck. 7. Notifies Human Resources of death of an employee. 8. If needed, contacts the Employee Assistance Program to request an on -site representative for grief counseling when an employee has died. 9. Advises the deceased employee's family of the availability of grief counseling through the Employee Assistance Program. Human Resources 10. Provides available benefits information to employee at time of separation processing appointment. 11. Completes and submits claim forms for applicable Life Insurance, Accidental Death and Dismemberment, and CalPERS accounts in the event of an employee's death. 12. Notifies deferred compensation Number: I-8 Effective Date: representatives and requests contact with the beneficiary in the event of an employee's death. 13. Files Employee Separation Checklist, Notice of Employee Separation, Personnel Action Forms and City ID card in employee official personnel file. Finance Department/Payroll Division 14. Prepares final paycheck in accordance with payroll procedures after receipt of separation Personnel Action Form from Human Resources. Attachments: 1. Resignation Form 15. Processes final paycheck and delivers to beneficiary in event of employee's death. 0 EMPLOYEE RESIGNATION FORM If you would like to talk to someone in Human Resources before completing this form, please let us know. We will make every effort to schedule a meeting for you as soon as possible. Name: Department: Classification: Resignation Effective Close of Business: Reason for Resignation: HOME ADDRESS Address: Phone: 0 I certify that this resignation is executed by me voluntarily and of my own free will. Employee Signature and Date FOR HUMAN RESOURCES USE ONLY Last day of work per department (if different): Accepted Date Cc: Human Resources Department Employee Department CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 25, 2013 TO: Teresa McAllister, Director of Human Resources FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2013-42 - A Resolution of the City Council of the City of Vernon Approving and Adopting New Personnel Policies and Procedures Relating to Employment with the City and Employee Work Environment Please find attached a copy of Resolution No. 2013-42 referenced above, which was approved by City Council on March 19, 2013. Thank you. Attachment c: Mark Whitworth Resolution No. 2013-42 Adftk RECEIVED I3 RECEIVED1W MAR y2 2013 MAR 13 2013 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT 4�A HUMAN RESOURCES DEPARTMENT DATE: March 19, 2013 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources RE: Adoption of City of Vernon Personnel Policies and Procedures, Terms of Employment I-1, Probation and Training Periods I-6, Secondary Employment I-7, and Employee Separation I-8 Recommendation It is recommended that the City Council: 1. Find that approval of the proposed personnel policies and procedures in this staff report are exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Adopt the attached new Personnel Policies and Procedures, Terms of Employment I-1, Probation and Training Periods I-6, Secondary Employment I-7, Employee Separation I-8 and incorporate them into the Personnel Policies and Procedures Manual. 3. Authorize the City Administrator and the Director of Human Resources to execute and distribute the policies to all employees. Background The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures. A comprehensive review of the Personnel Policies and Procedures has not been conducted in over twenty'(20) years. In line with the City's good governance reforms, the City is committed to a comprehensive review of these policies and procedures. Due to changes in federal, state and court decisions, there is a need to review all personnel policies. In an effort to address personnel matters that are not appropriately defined in current policies, there is also a need to develop clear written policies and procedures for consistent application and interpretation. To ensure a more efficient and effective method in maintaining and managing the City's personnel policies and procedures, the City Council on November 20, 2012, approved Resolution 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures Manual. The manual is designed to provide a uniform and consistent system for human resource administration throughout the City. It will promote effective communication among managers, supervisors and employees. As such, City staff has presented the below policies and procedures to the city's labor associations in order to meet in good faith on policies requiring a meet and confer process and to receive employee comment regarding the adoption of such policies and procedures. As of March 4, 2013, staff has received input which has been incorporated into the below policies. The following new policies are hereby presented to the City Council for consideration and adoption into the Personnel Policies and Procedures Manual: • Terms of Employment — I-1 • Probation and Training Periods — I-6 • Secondary Employment I-7 • Employee Separation I-8 Bud¢et Impact: There is no budget impact.